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HomeMy WebLinkAbout02/27/2012 ON THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, FEBRUARY 27, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. S. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one(I)time per item for a maximum of three(3)minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Craig Clark, Building Official/Maintenance Administrator. February 27, 2012 page 2 Agenda, as proposed or amended. Minutes of February 17, 2012, Special Session and February 20, 2012, Regular Session, as proposed. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. b. Motion to approve the following: Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed 1. Captain Pillack; FBI-National Cedar April 24- $326.00 Lieutenant Payne Academy Spring Rapids, 26, 2012 Training Conference Iowa 2. Mark Rice, Public APWA-EVT Training Waterloo, February $175.00 Works Director for Fleets Iowa 23, 2012 3. Eric Thorson, 2012 American West Des April 4-6, $442.00 City Engineer Public Works Moines, 2012 Association/ISOSWO Iowa Joint Spring Conference 4. Steve Jordan, Arson Investigation Ames, March 5- $1,182.20 Fire Marshal Iowa 9, 2012 & March 12- 16, 2012 S. Pat Treloar, Chief Final inspection of Marion, Week of $445.00 of Fire Services; new fire truck Wisconsin February Darryl Hartema, 20, 2012 Mechanic, Carl or Reninger, February Lieutenant 27, 2012 6. Mike Bown, Air Air Service meetings, Waterloo, Various $800.00 Service Airport Board Iowa from date from Consultant with meetings, meet with Elkader, October 1, Trillion Aviation Mayor & other city Iowa 2011 to officials September 30, 2012 February 27, 2012 Page 3 7. Wayne Castle, Society of Land Ames, March 8- $340.00 Associate Surveyors of Iowa Iowa 9, 2012 Engineer 75th Annual Conference 8. Sergeant Richter; Suarez International Searsboro, April 21- $1,220.00 Officer Girsch Point Shooting Iowa 22, 2012 Pro ressions Course 9. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re- A ointment Tom Langlas Cultural &Arts December 31, 2013 Re Appointment Commission Class B Beer License Permit Application 10. Jim Lind Standard Service, 230 E. Ridgeway Avenue (Renewal) (Expires 4/6/13) (Includes Sunday Sales) 11. Casey's General Store #2879, 3260 University Avenue (Renewal) (Expires 4/18/13) (Includes Sunday Sales) 12. Casey's General Store #2880, 1604 LaPorte Road (Renewal) (Expires 4/18/13) (Includes Sunday Sales) Class C Liquor License Permit Application 13. Buzz's Bar, 1016 Maynard Avenue (Renewal) (Expires 3/14/13) (Includes Sunday Sales) 14. Lone Star Steakhouse and Saloon, 4045 Hammond Avenue (Renewal) (Expires 3/11/13) (Includes Sunday Sales) 15. Amalgamated Local 838 UAW, 2615 Washington Street (Renewal) (Expires 2/28/13) 16. Blue River, 315 W. 4th Street (Renewal) (Expires 2/14/13) (Includes Sunday Sales) 17. El Senor Tequila Nightclub, 118-120 E. 11th Street (Renewal) (Expires 2/18/13) (Includes Sunday Sales) 18. Maple Lanes, 2608 University Avenue (New) (Expires 1/4/13) (Includes Sunday Sales) Class B Native Wine License Permit Application 19. Casey's General Store #2879, 3260 University Avenue (Renewal) (Expires 4/18/13) (Includes Sunday Sales) 20. Casey's General Store #2880, 1604 LaPorte Road (Renewal) (Expires 4/18/13) (Includes Sunday Sales) February 27, 2012 Page 4 Outdoor Service Area Application 21. Buzz's Bar, 1016 Maynard Avenue 22. Lone Star Steakhouse and Saloon, 4045 Hammond Avenue 23. Blue River, 315 W. 4th Street 24. Bonds PUBLIC HEARINGS 2. Request for Proposals for Security Services at Waste Management Services Motion to receive and file proof of publication of notice of public hearing. J ILII HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. 4 Resolution confirming approval of Request for Proposals, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Waste Management Services Superintendent for review. Submitted by Larry N. Smith, Waste Management Services Superintendent RESOLUTIONS 3. Resolution approving fee for sports and aquatics programs for Spring 2012-Winter 2013. t Submitted by Mark Gallagher, Sports Manager 4. Resolution approving Six Month Automobile Lease Agreement with C & S Car Company for School Resource Officer Program at no cost to the City; and authorize Mayor and City Clerk to execute said document. Submitted by Daniel J. Trelka, Director of Safety Services 5. Resolution approving First Amendment to Contract for Demolition and Site Clearance Services (no RACM) Group 2 for demolition and site clearance services pertaining to the City of Waterloo's Hazard Mitigation Grant Program (HMGP) to authorize Change Order No. 1 for a net decrease I `-! of $9,845.25 for work performed by McClain & Co., Inc. with a revised contract limit and total actual expenses allowed by the contract not to exceed $53,405.25; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner February 27, 2012 Page 5 6. Resolution approving submission of application to the Governor's Office of Drug Control Policy for SFY 2013 Byrne-JAG grant funds, with a 25 percent required cash match, to be used for funding the Tri-County Drug Enforcement Task Force. Submitted by Daniel J, Trelka, Director of Safety Services 7. Resolution approving award of contract to Radio Communication Systems of Waterloo, Iowa in the amount of $37,709.00, and approving the Contract, Bonds and Certificates of Insurance for the San Martian Traffic C3Monitoring System Project; and authorize Mayor and City Clerk to execute said documents. Submitted by Sandie Greco, Trak Operations Superintendent 8. Resolution approving award of contract to Lehman Trucking & Excavating Inc. of Waterloo, Iowa in the amount of $44,850.00, and approving the Contract, Bonds and Certificates of Insurance for the Demolition and Site Clearance Services (no regulated asbestos-containing materials) for the following properties: 212, 302, 306-308 and 312 Jefferson Streets; 319 West 2nd Street (Sports-Plea Area); and authorize Mayor and City Clerk to execute said documents. Submitted by Noel Anderson, Community Planning& Development Director 9. Resolution approving the naming of a private street generally located in 145 the 900 block of vacated Lowell Avenue between East Mitchell Avenue and Regal Avenue as Lowell Avenue. Submitted by Noel Anderson, Community Planning& Development Director 10. Resolution approving and accepting certain acquisition contracts and certain deeds to sell real property to the City of Waterloo for the partial acquisition of right-of-way and temporary easements in conjunction with the F.Y. 2011 East Donald Street Improvements between Logan Avenue I ( � (Highway 63), eastward to Mildred Avenue from the following: Cassie Pearson in the amount of$100.00; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning& Development Director 11. Resolution rescinding Resolution No. 2011-877; and approving an agreement in the acceptance of a Black Hawk County Gaming Grant in the amount of $642,000.00 to be used for the Byrnes Park Drainage r Project; and authorize Mayor to execute said document. Submitted by JB Bolger, Golf& Downtown Area Maintenance Manager 12. Resolution approving agreement with Hellman Associates, Inc. of Waterloo, Iowa in the amount of $12,000.00 to provide services as part of Phase 1 of a Marketing and Public Relations Pian for the Cedar Valley SportsPiex; and authorize Mayor to execute said document. t Submitted by Mark Gallagher, Sports Manager February 27, 2012 Page 6 ORDINANCES 13. Ordinance Change—No Parking Here To Corner in a easterly direction fro m Logan Avenue and a westerly direction _from the alley way in the 200 block of Harrison St Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by Adding a New Subsection (50b) Harrison Street to Section 553, No Parking Here to Corner. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Sandie Greco, Traffic Operations Superintendent 14. Adoption of 2011 National Electrical Code Motion to receive, file, consider and pass for the first time an Ordinance amending Title 9: Building Regulations, Chapter 3: Electrical Regulations. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ��a, ordinance. Submitted by Craig Clark, Building Official/Maintenance Administrator ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, February 27, 2012 4:50 p.m. - Ordinance Committee, Council Chambers 4:55 p.m. - Boards & Commissions Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers February 27, 2012 Page 7 PUBLIC INFORMATION 1. Community Development Board meeting minutes of December 20, 2011 and January 10, 2012 on file in the City Clerk's office. 2. Community Development Board Public Hearing for Citizen Input on the FY2013 CDBG and HOME Program meeting minutes of January 10, 2012 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713 Pay estimate No. 73 to Peterson Contractors, Inc in the total amount due of .$'186,157.52. 2. F.Y. 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 27 to Vieth Construction in the total amount due of$'36,416.02. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2012-195 RESOLUTION NAMING A PRIVATE STREET GENERALLY LOCATED IN THE 900 BLOCK OF VACATED LOWELL AVENUE BETWEEN EAST MITCHELL AVENUE AND REGAL AVENUE, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the private street generally located in the 900 block of vacated Lowell Avenue between East Mitchell Avenue and Regal Avenue, be and the same hereby named Lowell Avenue. PASSED AND ADOPTED this 27th day of February, 2012 . Ernest G. Clark, Mayor ATTEST: E-4, -4 Suzy Sc ares, CMC City Clerk 5 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. 5096 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 3, ELECTRICAL REGULATIONS OF TITLE 9, BUILDING REGULATIONS, IN THEIR ENTIRETY; AND ENACTING IN LIEU THEREOF A NEW CHAPTER 3, ELECTRICAL REGULATIONS OF TITLE 9, BUILDING REGULATIONS . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Chapter 3, Electrical Regulations of Title 9, Building Regulations, of the 2007 Code of Ordinances of the City of j Waterloo, Iowa, are hereby repealed in their entirety; that a new Chapter 3, Electrical Regulations of Title 9, Building Regulations, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, are hereby enacted in lieu thereof as follows : CHAPTER 3 . ELECTRICAL CODE ARTICLE 1 . ELECTRICAL REGULATIONS, GENERALLY SEC. 9-3-1 . TITLE. This ordinance shall be known as the Waterloo Electrical Code, may be so cited and may be referred to hereinafter as the "Code". SEC. 9-3-2 . PURPOSE AND SCOPE. It is the purpose of this ordinance to adopt an electrical code by reference, including provisions for the inspection and regulation of electrical installation, issuance of permits, the collection of fees, and to provide penalties for violations of this ordinance in order to protect the public health, safety and welfare. The provisions of this code shall apply to and govern all uses, installations, alterations, repairs, removals, renewals, replacements, connections, disconnections, and maintenance of all electrical equipment within the City of Waterloo, Iowa. SEC. 9-3-3 . DEFINITIONS . The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Appeal board means the board created in section 11-31 . (b) Approved by the electrical inspector means found by the inspector to comply with the requirements of this ordinance and, in the absence of such requirements, found by the inspector to be safe in respect to life and property as measured by the standards established Ordinance No. 5096 Page 2 in this ordinance and the National Electrical Code and National Fire Protection Association Standards. (c) Electrical contracting means undertaking, or offering to undertake, the planning and installation of electrical systems and equipment and the employment, management, supervision and control of electricians and apprentice electricians doing electrical work. (d) Electrical contractor means any person responsible for the activity of planning, or supervising electricians and apprentices doing electrical wiring, work, or equipment installations and connections to apparatus, which is or will be connected to an electric light and power source. (e) Electrical equipment means all electrical materials, wiring, conductors, fitting, conduits, devices, appliances, fixtures, signs and apparatus or parts thereof comprising an electrical system or control of such system. (f) Electrical maintenance work shall mean the repair of the existing electrical equipment, or limited replacement and extensions of branch circuits as determined by the Chief Electrical Inspector. (g) Electrical work means all installations, alterations, repairs, removals, replacements, disturbances, connections, disconnections and maintenance of wiring and electrical equipment, or control of any of the above, over 25 volts, and wiring systems through or by which is conveyed or intended to be conveyed, electrical current in, above, or under any building, structure, tent or premises, public or privately owned, in the City of Waterloo, Iowa. (h) Electrician means any person doing electrical work for an electrical contractor. i i (i) Examining board means the board created in section 11- 31 . (j ) Licensed or qualified person means any person who has been examined and licensed by the examining board and has its approval to install, remove, alter or make additions to any electrical work in the city. (k) Shall means that the act to be performed is mandatory. SEC. 9-3-4 . RULES OF CONSTRUCTION. In this ordinance certain terms shall be construed as follows: (a) Electrical terms are definitions relating to electrical equipment, wiring methods and special wiring locations and conditions shall be those accepted by the trade and listed in the National Electrical Code or other recognized safe wiring manuals or tests. Ordinance No. 5096 Page 3 (b) Building classification and occupancy shall be determined from the city building code and the city zoning ordinance. SEC. 9-3-5 . NATIONAL ELECTRICAL CODE ADOPTION. (a) The 2011 Edition of the National Electrical Code, including Article 90, Chapters 1 through 9, and Annex A, B, C, D and H, inclusive, as published by the National Electrical Code Committee, and adopted by the National Fire Protection Association, is hereby adopted by reference and is effective as if fully set forth in this article. Where, in any specific case, different sections of this article specify different materials, methods of construction or requirements, the most restrictive shall govern. SEC. 9-3-6. NATIONAL ELECTRIC CODE AMENDMENTS. The provisions of this section specify certain amendments, by deletion, addition or substitution of the 2011 edition of the National Electrical Code. Where this section states that an article, subsection, enumeration or exception is deleted, only the specific article, subsection, enumeration or exception is deleted. Where this section states that an article or subsection is deleted in its entirety, all references listed thereafter associated with the specific article (with subsections, enumerations and exceptions) or subsection (with enumerations and exceptions) are deleted. (a) Amendments to 2011 NEC Chapter 2 Amendments : i (1) 210 . 8 (A) , Dwelling Units, of the 2011 edition of the National Electrical Code with any appropriate editing for cross-references . (2) 210-11 (C) (3) , Bathroom Branch Circuits, is amended by deleting the italicized paragraph entitled "Exception" in its entirety. (3) 220-61 (C) Prohibited Reductions, is amended by adding the following subparagraph: (3) Reduction of neutral or grounded conductor is allowed only under the direct supervision of an electrical engineer. (4) 230-30 Insulation, is amended by deleting the italicized paragraph entitled "Exception" (1) through (4) in its entirety, and adding the following new unnumbered exception: Exception: A grounded conductor shall be permitted to be uninsulated if it is part of a service entrance cable assembly. (5) "230-43 . Wiring Methods for 600 Volts, Nominal, or Less, is amended by deleting items (1) and (6) , and by adding the following as a new unnumbered paragraph at the end of the enumerated paragraphs : "Only items (3) Rigid metal conduit and (4) Intermediate metal conduit may be concealed. " i Ordinance No. 5096 Page 4 (6) 230-50 (A) Underground Service Entrance Conductors is deleted in its entirety and the following sentence is substituted therefore: "Service lateral conductors shall be installed in a raceway not less than two feet underground. " (7) 250 . 4 General Requirements for Grounding and Bonding, is amended by adding the following item: " (C) . Raceway and Cable Grounding. All raceways and cables shall have an equipment-grounding conductor. Exceptions: service cable and raceways, rigid metal conduit, intermediate metal conduit and electrical metallic tubing. " (8) 250 . 52 (a) (5) Rod and Pipe Electrodes, is deleted in its entirety and the following is substituted therefore: "Rod electrodes shall be not less than 2 . 5 m (8 ft) in length, not less than 15. 87 mm (5/8 in. ) in diameter, and shall be copper clad or equivalent . " (9) 250 . 70 Methods of Grounding and Bonding Conductor Connection to Electrodes, is amended by deleting item (1) , deleting from item (2) the words, "or plain or malleable iron, " and renumbering the remaining items as items (1) through (4) . I 2011 NEC Chapter 3 Amendments I (1) 300 . 13 (B) Device Removal, is deleted in its entirety and the following is substituted therefore: " (B) Device Removal. In all circuits the I continuity of conductors shall not be dependent upon device connections where the removal of such devices would interrupt continuity. " (2) 310 . 106 (B) Conductor Material, is amended by adding the following sentence at the end: "Service Grounding conductors shall be of copper and shall be insulated. " (3) Table 310 . 15 (b) (7) 120/240-Volt, 3-Wire, Single- Phase Dwelling Services and Feeders) , is deleted in its entirety. 2011 NEC Annex H AMENDMENTS SEC. 9-3-7 . 80 . 9 (C) Additions, Alterations, or Repairs is amended by adding the following: It is prohibited by this ordinance to perform any repair, add to, or revamp any residential service less than 60 ampere electrical service. Ordinance No. 5096 Page 5 Authority, subparagraph (13) , is amended by inserting a period after the words "ready for inspection", and deleting the words, "and shall conduct the inspection within days . " 80 . 15 Electrical Board, is deleted in its entirety and the following is substituted therefore: ARTICLE 2 . BOARD OF ELECTRICAL EXAMINERS AND APPEALS Membership; Appointment of Members; Term of Office (a) Establishment of the Board. There is hereby established a Board of Electrical Examiners and Appeals, hereinafter referred to as the "Board, " with authority and responsibility as follows : (1) To act as a Board of Appeals as provided in the Waterloo Electrical Code. i (2) To periodically review the provisions of the Waterloo Electrical Code and make recommendations to the Building Official for improving and updating said documents. (b) Composition of the Board. The Board shall consist of five (5) members, all of whose place of business, residence, or work is located in the City of Waterloo. All members shall be qualified by experience and training to pass judgement upon matters pertaining to electrical construction. The membership shall be as follows: Two licensed electrical contractors, one licensed, working electrician, a representative from a public utility company furnishing electrical power to the City, one electrical engineer capable of designing systems governed by this code. The electrical inspector shall serve as secretary to the Board. Said Board shall serve without compensation. (c) Appointment of Members and Terms of Office. The members of the Board of Electrical Examiners and Appeals shall be appointed by the Mayor with the approval of the City Council . After initial appointment of the Board the terms of the members shall be for three years except that the initial terms shall be so arranged and staggered so that the terms of no more that two members shall expire any one year. A vacancy within any term shall be filled by appointment of the Mayor with the approval of the City Council for the unexpired portion of that term only. Powers and Duties of the Board The Board of Electrical Examiners and Appeals shall have the following powers and duties : (a) To act upon reports of violations by licensed master electricians and journeyman electricians as filed by the electrical inspector with the Board. Ordinance No. 5096 Page 6 (b) To keep a complete record of the official proceedings of the Board; to preserve all documents, books and papers relating to appeals and hearing of complaints and charges for at least three years . (c) To hear appeals from the decision of the electrical inspector and to rule on interpretations of the provisions of the Waterloo Electrical Code, and to determine the suitability of alternate materials and methods of construction consistent with the provisions of the Waterloo Electrical Code. Meetings; Records (a) All meetings of the Board of Electrical Examiners and Appeals shall be held in the council chambers, or other location indicated in a public notice posted 24 hours prior to any meeting. (b) Three members of the board shall constitute a quorum for the transacting of all business, but any action taken by the Board shall require a majority vote of all members of the Board. (c) The Board shall annually elect one of its members as chairperson of the Board. (d) The secretary of the Board shall keep a record of the Board meetings and register the names and residences of all persons examined by the Board and the kind of electrical license issued to each, if any. Right of Appeals Any person shall have the right to appeal any decision of the electrical inspector to the Electrical Board of Examiners and Appeals by filing a written notice of such appeal with the electrical inspector within ten (10) days from the date of the inspector' s decision. The Board shall forthwith fix a time and place of hearing such appeal which shall not be less than five (5) days nor more than fifteen (15) days after the date of filing of the notice of such appeal, and the electrical inspector shall notify the appellant in writing by registered mail of the time and place of such hearing. After the hearing of said appeal, the Board may sustain or overrule the decision of the electrical inspector. Decision of the Board shall be final unless appealed to the courts as by law provides . I 80 . 19 (a) is amended by adding the following line item #3: Permit for Installation by Homeowner 3 . A permit application may be submitted by the homeowner and, upon approval and payment of required fees, an electrical permit shall be issued. Such permit authorizes the owner only to install electrical equipment in the dwelling owned and occupied by the owner, without license or certificate of insurance, and without help from persons other than family members . 80 . 19 (c 1) is amended by adding the following sentence at the end of the section: Ordinance No. 5096 Page 7 A permit is not required for these repairs if the cost of the repairs does not exceed $300 . 00 . 80 . 19 (e) is amended by adding the following: Fees (a) Payment of fees for electrical permits shall be made on or before the tenth day of the month following the date of application for the permit or the date of the statement from the electrical inspector. All fees shall be payable to the City of Waterloo. All accounts over 60 days due will be put on a "hold" status until brought current . (b) Inspection fees shall be paid in such amounts as established by Resolution by the city council. Inspections 80 . 19 (f) Inspections and Approvals, subparagraph (3) , is amended by deleting the words "or until days have elapsed from the time of such notification". 80 . 23 (b) Penalties, subparagraph (3) , is deleted in its entirety. Y 80 . 25 (c) Notification, is deleted in its entirety. 80 . 27 Inspector' s Qualifications is amended by deleting said section in its entirety and substituting the following therefore: 80 . 27 Inspector' s Qualifications . ARTICLE 3. ELECTRICAL INSPECTOR Appointment; Qualifications i (a) The electrical inspector is hereby authorized, directed and empowered to inspect any and all buildings, structures, tents and premises, public and private, and, as provided in this ordinance, to condemn and order removed or remodeled and put into proper and safe condition for the prevention of fire and for safety to life and property, all electrical equipment installations and connections of electrical current for light, heat and power purposes, and to control the disposition and arrangement of such equipment so that persons and property shall not be in danger therefrom. (b) The electrical inspector shall have successfully passed any and all examinations administered by the Civil Service Commission, have been recommended to said position by the Building Official, appointed by the Mayor, and confirmed by the majority of all members of the City Council. (c) The appointee shall : Ordinance No. 5096 Page 8 (1) Be a qualified electrician and shall have at least five years of practical experience in the electrical trade or five years of experience as an , electrical inspector, or, in lieu of such experience, shall be a graduate in electrical or mechanical engineering of a college or university considered by the Personnel Director as having suitable requirements for graduation and shall have had two years of practical electrical experience; (2) Be possessed of such executive ability as requisite for the performance of required duties and have thorough knowledge of the standard material and methods used in the installation of electrical equipment; and (3) Be well versed in improved methods of construction for safety to persons and property, the statutes of the state relating to electrical work and any orders, rules and regulations issued by authority thereof, and in the National Electrical Code. (d) The electrical inspector shall hold a current master or journeyman electrical license with the State of Iowa or shall be required to pass an examination prior to his/her appointment. i (e) He/she shall hold membership in the International Association of Electrical Inspectors . i Section 80 . 28 Licensing, is added as follows : (a) License Required I 1. Electrical licenses shall be governed by Iowa Code Chapter 103, Electricians and Electrical Contractors (2008) . (b) No NEW master electrician, journeyman or appliance wireman licenses will be issued after January 1, 2009. Only existing Waterloo licenses or State of Iowa Class A licenses will be accepted by the City of Waterloo. A State of Iowa Class B license will be accepted by the City of Waterloo if the electrician has held a Waterloo license after January 1, 1990 . Existing City of Waterloo licenses will be re-issued to the electrician if the electrician chooses not to get a State of Iowa electrical license. (c) Existing license fees will apply for electricians choosing to renew current City of Waterloo electrical licenses . If you have a new State of Iowa electrical contractor' s license and wish to pull a permit in the City of Waterloo, a one-time registration fee of $150 . 00 will be charged if you have never held a City of Waterloo license. Conditions of Certificates of Insurance (a) Any firm or corporation who holds solely a City of Waterloo electrical contractor' s license, who is Ordinance No. 5096 Page 9 installing, removing, altering, or making addition to any electrical equipment in the City of Waterloo shall execute and file with the Waterloo Building Official (or a specified inter-governmental agency if so designated by the Building Official) a Certificate of Insurance written by a company authorized to transact business in the State of Iowa, in limits of no less than Three Hundred Thousand Dollars ($300, 000 . 00) combined single limit to any person and One Hundred Thousand Dollars ($100, 000 . 00) property damage; said Certificate to be written on a standard form and carrying an endorsement naming the City of Waterloo, Iowa, and its employees (or the inter-governmental agency designated by the Building Official) as additional insureds as its interest may appear and conditioned upon the faithful performance of all duties required of such contract by any ordinances, rules and regulations of the City of Waterloo, Iowa. It shall be a further condition of said Certificate of Insurance that the obligator will hold the City (through the specified inter-governmental agency if so designed) harmless from any and all damages sustained by reason of neglect or incompetency on the part of such contractor, his/her agents or employees in the performance of the work done under a license or permit issued upon the filing of said Certificate. (b) Said Certificate of Insurance shall be issued by the 31st day of December of each year, and shall be refiled on or before said date for each subsequent year and shall be in continuous full force and effect. That it is the intent and purpose of said Certificate of Insurance to also bind the individual, company, firm, association or partnership, whether it be trade name, corporation, or other business association or arrangement with which the principal is associated. Expiration and Renewal of License; Display; Transfer (a) All licenses issued under this ordinance shall expire on December 31 of each year and may be renewed by the holder upon application and payment of the required fee, and certificate of insurance where applicable, at any time within the 30-day period prior to December 31 . Any license not renewed prior to December 31 shall expire 30 calendar days thereafter and shall not be renewed without examination, except on the recommenda- tion of the Board of Electrical Examiners and Appeals . If the Board approves the renewal of the license without re-examination, the license shall be renewed after payment of a double fee. i (b) Code update certificate - Renewal of a Waterloo Master Electrician license and a Journeyman Electrician license shall require each applicant to attend and complete an approved eight-hour National Electrical Code (N.E.C. ) update class within twelve months of January 1st of the date on the latest N.E. C. book. A certificate of completion must be submitted to the Electrical Inspection Office before licenses will be renewed. Ordinance No. 5096 Page 10 (c) The validity and right of renewal shall be dependent upon strict compliance by the licensee with all city ordinances, and upon the payment of all fines and penalties which are required as a consequence of violations of city ordinances . (d) Every holder of a Waterloo electrical contractor' s license shall keep his/her license displayed in a conspicuous place in his/her places of business at all times . (e) Licenses are not transferable, nor shall they be loaned or rented. SEC. 9-3-8 . PENALTY, ABATEMENT OF VIOLATIONS . (a) Any person violating any provision of this ordinance shall be deemed guilty of a municipal infraction and, upon conviction thereof, shall be punished accordingly. (b) If any electrical work, including construction or repair, is performed within the city contrary to the provisions of this ordinance, it shall be deemed a municipal infraction and, in addition to penalties described, shall be abated in accordance with this ordinance. (c)' The doing of any act prohibited or declared to be unlawful, an offense or a municipal infraction by this ordinance or the National Electrical Code, or the omission or failure to perform any act or duty required by this ordinance or the National Electrical Code, is, unless another penalty is specified, punishable as provided in sections 1-15 through 1-17 of the Waterloo code. SEC. 9-3-9. APPLICABILITY OF ORDINANCE TO EXISTING BUILDINGS . (a) If any existing building is damaged due to fire, natural disaster or otherwise, the areas that are damaged shall be brought up to current city and national codes . If other areas of the building are altered or repaired due to damages that occurred, these areas must also be brought up to the current codes . (b) If the type of occupancy of an existing building is partially or entirely changed, the electrical wiring shall be made to conform to the requirements of the current city and national codes for the new type of occupancy. ii SEC. 9-3-10 . MOVED BUILDINGS. (a) Residential moved buildings shall be brought into compliance with the electrical requirements of new residential-type buildings . Exception: Parts of an electrical system which were not damaged and had been installed in compliance with the electrical code which was in effect at the time of installation may be retained in said electrical systems . 'Y Ordinance No. 5096 Page 11 (b) Electrical systems in any other moved buildings shall be brought into compliance with the provisions of this Code the same as for new construction. (c) The permanent service connection shall not be made by the power company until the electrical system is completely installed, and is approved by the inspector. (d) The existing service on the moved building shall not be connected to the electrical power source unless specifically approved by an inspector. SEC. 9-3-11. DISCLAIMER. This ordinance shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons or property caused by any defect therein, nor shall the city be held as assuming such liability by reason of the inspection or reinspection authorized in this ordinance or the certificates of approval issued as provided in this ordinance, or by reason of the approval or disapproval of any equipment authorized in this ordinance. SEC. 9-3-12 . LIABILITY OF ELECTRICAL INSPECTOR. The electrical inspector, acting in good faith and without malice in the discharge of his/her duties, shall not thereby render himself/herself liable personally and he/she hereby is relieved from all personal liability for any damage that may accrue to person or property as a result of any act required or by reason of any act of omission in the discharge of his/her duties . Any suit brought against the city because of such act or omission performed by him/her in the enforcement of any provisions of this ordinance shall be defended by the city. SEC. 9-3-13. RESERVED. i SEC. 9-3-14 . UNLAWFUL CONNECTIONS. It shall be unlawful for any person to make connection from a supply of electricity to any electric equipment that has been installed or which has been disconnected or ordered to be disconnected by the electrical inspector, until inspected and approved by the electrical inspector. SEC. 9-3-15. INSPECTION OF WIRING REQUIRED PRIOR TO INSTALLATION OF METER. It shall be unlawful for any person to set a meter for electric purposes to any building or premises, wiring of which has not been inspected and approved by the electrical inspector. A violation of this section will cause the electrical inspector to give written notice and immediately cause the removal of such conditions and the discontinuance of such current . SEC. 9-3-16. ALTERATION OF IDENTIFICATION OR RATING MARKINGS. It shall be unlawful to cover, remove, alter, change or deface the maker' s name or identification mark or any of the rating markings on electrical equipment. Ordinance No. 5096 Page 12 SEC. 9-3-52 . CONFLICT OF INTEREST. It shall be unlawful for the electrical inspector or assistant electrical inspectors to engage in the business of the sales, installation or maintenance of electrical equipment, either directly or indirectly, and they shall have no financial interest in any concern engaged in such business in the city of Waterloo, at any time, while holding said offices . The City Council of the City of Waterloo now hereby establishes licensing fees for electrical licenses as follows : ELECTRICAL LICENSE FEES FOR CITY OF WATERLOO Electrical Contractor License . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150 . 00 INTRODUCED: February 27, 2012 PASSED 1St CONSIDERATION: February 27, 2012 PASSED 2nd CONSIDERATION: February 27, 2012 PASSED 3rd CONSIDERATION: February 27, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 27th day of February, 2012, and approved by the Mayor on the 27th day of February, 2012 . iest G. Clar Mayor i ATTEST: Suzy Sc ares, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5096, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 27th day of February, 2012 . Witness my hand and seal of office this 27th day of February, 2012 . SEAL Suzy Sc ares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . ORDINANCE NO. 5095 AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY ADDING A NEW SUBSECTION (50b) HARRISON STREET SECTION 553, NO PARKING HERE TO CORNER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That a new Subsection (50b) Harrison Street of Section 553, No Parking Here to Corner, of the 2008 Traffic Code, is hereby added as follows : (50b) Harrison Street Easterly direction from Logan Avenue and a westerly direction from the alley way in the 200 block of Harrison Street INTRODUCED: February 27, 2012 PASSED 1St CONSIDERATION: February 27, 2012 PASSED 2nd CONSIDERATION: February 27, 2012 PASSED 3rd CONSIDERATION: February 27, 2012 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 27th day of February, 2012, and approved by the Mayor on the 27th day of February, 2012 . �'�e A!� Z41r— Ernest Clark, Mayor ATTEST: Suzy S hres, CMC City Cle k CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5095, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 27th day of February, 2012 . Witness my hand and seal of office this 27th day of February, 2012 . SEAL tuzy Sc res, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-191 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES (NO RACM) GROUP 2 FOR THE HAZARD MITIGATION GRANT PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the First Amendment to Contract for Demolition and Site Clearance Services (no RACM) Group 2, with McClain & Co. , Inc. of Waterloo, Iowa, for demolition and site clearance services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, authorizing Change Order No. 1 for a net decrease of $9, 845 . 25 with a revised contract limit and total actual expenses allowed by the contract not to exceed $53, 405 . 25, be and is hereby accepted. The Mayor and City Clerk are hereby directed to execute the contract amendment with the said contractor for demolition and site clearance services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project. PASSED AND ADOPTED this 27th day of February, 2012 . est G. Clark, Mayor ATTEST: t 1 Suzy Sc ares, CMC City Cl rk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2012-192 RESOLUTION APPROVING APPLICATION WITH THE GOVERNOR' S OFFICE OF DRUG CONTROL POLICY AND DIRECTING EXECUTION OF SAID APPLICATION BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the SFY 2013 Byrne-Justice Assistance Grant application dated February 27, 2012, in the amount of $509, 755. 00, with a required 25 percent city match, to be used for funding salary and benefits for members of the Tri-County Drug Enforcement Task Force, by and between the Governor' s Office of Drug Control Policy and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 27th day of February, 2012 . Ernest G. lark, Mayor ATTEST: uzy Sc-fa es, CMC City Cler I Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-196 RESOLUTION ACCEPTING AND APPROVING CERTAIN ACQUISITION CONTRACTS TO SELL REAL PROPERTY TO THE CITY AND ACCEPTING AND APPROVING CERTAIN DEEDS IN CONJUNCTION WITH THE F.Y. 2011 EAST DONALD STREET IMPROVEMENTS, STP-U- 8155 (714)-70-07 . WHEREAS, the City of Waterloo, Iowa, has had the parcels described herein appraised and the fair market value ascertained, and WHEREAS, the acquisition of the hereinafter described parcels is in conjunction with the F.Y. 2011 East Donald Street Improvements, STP-U-8155 (714)-70-07 . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the contracts for the parcels hereinafter described to sell the same to the City of Waterloo, Iowa, all of which are situated in the City of Waterloo, Black Hawk County, Iowa, are accepted and approved and the Mayor and City Clerk are authorized and directed to execute the same in behalf of the City and to execute all instruments necessary to consummate the agreements to purchase the property from the owners thereof, and the deeds for the conveyance of the same are also accepted and approved and the City of Waterloo is directed to pay for the properties from City funds . The subject address is : Owner - Cassie Pearson Address - 433 Sherman Avenue Total Acquisition - $100 . 00 Temporary Construction Easement Said temporary easement to terminate upon completion and acceptance of contract documents . For the purpose of a construction easement for sidewalk construction, together with a right-of-ingress and egress thereon. Access to said property will be gained through a new j curb-cut off of East Donald Street, with said curb-cut being located 20 feet west of the PTR Point at the southwest corner of the intersection of East Donald Street and East 4th Street . Said temporary easement will release upon the completion of construction. I Resolution No. 2012-196 Page 2 PASSED AND ADOPTED this 27th day of February, 2012 . /n-est G. Clark, Mayor ATTEST: Suzy S es, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-197 RESOLUTION APPROVING ACCEPTANCE OF BLACK HAWK COUNTY GAMING ASSOCIATION GRANT AGREEMENT AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR, AND RESCINDING RESOLUTION NO. 2011-877 IN ITS ENTIRETY. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Grant Agreement dated February 27, 2012, in the amount of $642, 000 . 00, to be used for the Byrnes Park Drainage Project, by and between the Black Hawk County Gaming Association and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. BE IT FURTHER RESOLVED that Resolution No. 2011-877, be and the same, hereby rescinded in its entirety. PASSED AND ADOPTED this 27th day of February, 2012 . E nest G. lark, ayor ATTEST: - I L-r �Suzyy Sc ares, CMC City Clerk i Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2012-198 RESOLUTION APPROVING AGREEMENT WITH HELLMAN ASSOCIATES, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated February 27, 2012, in the amount of $12, 000 . 00, to provide services as part of Phase I of a Marketing and Public Relations Plan for the Cedar Valley SportsPlex, by and between Hellman Associates, Inc. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 27th day of February, 2012 . Ernest G. lark, Mayor ATTEST: ' i Suzy Shares, CMC City C erk i Amended Council Agenda Items Council Meeting Monday, February 27, 2012 Delete appointment 1b9. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re- Appointment Tom Langlas Cultural &Arts December 31, 2013 Re Appointment Commission THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, FEBRUARY 27, 2012 CITY OF WATERLOO GOALS 1. support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. S. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one(1)time per item for a maximum of three(3)minutes. S. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Craig Clark, Building Official/Maintenance Administrator. February 27, 2012 Page 2 Agenda, as proposed or amended. Minutes of February 17, 2012, Special Session and February 20, 2012, Regular Session, as proposed. 1• Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is onfile in the office of the City Clerk. b. Motion to approve the following: Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed 1. Captain Pillack; FBI-National Cedar April 24- $326.00 Lieutenant Payne Academy Spring Rapids, 26, 2012 TrainingConference Iowa 2. Mark Rice, Public APWA-EVT Training Wao, February Works Director or Fleets $175.00 Iow23, 2012 3. Eric Thorson, 2012 American Wtes April 4-6, $442.00 City Engineer Public Works [.es�f oin , 2012 Association/ISOSWO Iowa Joint Spring Con erence 4. Steve Jordan, Arson Investigation Ames, March 5- $1,182.20 Fire Marshal Iowa 9, 2012 & March 12- 16, 2012 5. Pat Treloar, Chief Final inspection of Marion, Week of $445.00 of Fire Services; new fire truck Wisconsin February Darryl Hartema, 20, 2012 Mechanic; Carl 2 Reninger, or February Lieutenant 27, 2012 6. Mike Bown, Air Air Service meetings, Waterloo, Various $800.00 Service Airport Board Iowa from date from Consultant with meetings, meet with Elkader, October 1, Trillion Aviation Mayor& other city Iowa 2011 to officials September 30, 2012 Page 3 February 27, 2012 Land Ames, March 8- $340.00 7. Wayne Castle, y Soviet of 9, 2012 Associate Surveyors of Iowa Iowa Engineer 75th Annual Con erence 8. Sergeant Richter; Suarez International Searsboro, April 21- $1,220.00 Iowa 22, 2012 officer Girsch Point Shooting f Progressions Course 9. Motion to receive and file Mayor Clark's recommendation of the following appointments: New or Re- Appointee Board/Commission Expiration Date A ointment Cultural & Arts December 31, 2013 Re Appointment Tom Langlas Commission Class B Beer License Permit Application 10. Jim Lind Standard Service, 230 E. Ridgeway Avenue (Renewal) (Expires 4/6/13) (Includes Sunday Sales) 11. Casey's General Store #2879, 3260 University Avenue (Renewal) (Expires 4/18/13) (Includes Sunday Sales) 12. Casey's General Store #2880, 1604 LaPorte Road (Renewal) (Expires 4/18/13) (Includes Sunday Sales) Class C Liquor License Permit Application 13. Buzz's Bar, 1016 Maynard Avenue (Renewal) (Expires 3/14/13) (Includes Sunday Sales) 14. Lone Star Steakhouse and Saloon, 4045 Hammond Avenue (Renewal) (Expires 3/11/13) (Includes Sunday Sales) 15. Amalgamated Local 838 UAW, 2615 Washington Street (Renewal) (Expires 2/28/13) 16. Blue River, 315 W. 4th Street (Renewal) (Expires 2/14/13) (Includes Sunday Sales) 17. El Senor Tequila Nightclub, 118-120 E. 11th Street (Renewal) (Expires 2/18/13) (Includes Sunday Sales) 18. Maple Lanes, 2608 University Avenue (New) (Expires 1/4/13) (Includes Sunday Sales) Class B Native Wine License Permit Application 19. Casey's General Store #2879, 3260 University Avenue (Renewal) (Expires 4/18/13) (Includes Sunday Sales) 20. Casey's General Store #2880, 1604 LaPorte Road (Renewal) (Expires 4/18/13) (Includes Sunday Sales) February 27, 2012 Page 4 Outdoor Service Area Application 21. Buzz's Bar, 1016 Maynard Avenue 22. Lone Star Steakhouse and Saloon, 4045 Hammond Avenue 23. Blue River, 315 W. 41h Street 24. Bonds PUBLIC HEARINGS 2• Request for Proposals for Security Services at Waste Management Services Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of Request for Proposals,form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Waste Management Services Superintendent for review. Submitted by Larry N. Smith, Waste Management Services Superintendent RESOLUTIONS 3. Resolution approving fee for sports and aquatics programs for Spring 2012-Winter 2013. Submitted by Mark Gallagher, Sports Manager 4. Resolution approving Six Month Automobile Lease Agreement with C & S Car Company for School Resource Officer Program at no cost to the City; and authorize Mayor and City Clerk to execute said document. Submitted by Daniel d. Trelka, Director of Safety Services 5. Resolution approving First Amendment to Contract for Demolition and Site Clearance Services (no RACM) Group 2 for demolition and site clearance services pertaining to the City of Waterloo's Hazard Mitigation Grant Program (HMGP) to authorize Change Order No. 1 for a net decrease of $9,845.25 for work performed by McClain & Co., Inc. with a revised contract limit and total actual expenses allowed by the contract not to exceed $53,405.25; and authorize Mayor and City Clerk to execute said document. Submitted byAric Schroeder, City Planner Page 5 February 27, 2012 6. Resolution approving submission of application to the Governor's Office of Drug Control Policy for SFY 2013 Byrne-JAG grant funds, with a 25 percent required cash match, to be used for funding the Tri-County Drug Enforcement Task Force. Submitted by Daniel J. Trelka, Director of Safety Services 7. Resolution approving award of contract to Radio Communication Systems of Waterloo, Iowa in the amount of $37,709.00, and approving the Contract, Bonds and Certificates of Insurance for the San Marnan Traffic Monitoring System Project; and authorize Mayor and City Clerk to execute said documents. Submitted by Sandie Greco, Traffic Operations Superintendent S. Resolution approving award of contract to Lehman Trucking & Excavating Inc. of Waterloo, Iowa in the amount of $44,850.00, and approving the Contract, Bonds and Certificates of Insurance for the Demolition and Site Clearance Services (no regulated asbestos-containing materials) for the following properties: 212, 302, 306-308 and 312 Jefferson Streets; 319 West 2nd Street (Sports-Plea Area); and authorize Mayor and City Clerk to execute said documents. Submitted by Noel Anderson, Community Planning& Development Director 9. Resolution approving the naming of a private street generally located in the 900 block of vacated Lowell Avenue between East Mitchell Avenue and Regal Avenue as Lowell Avenue. Submitted by Noel Anderson, Community Planning & Development Director 10. Resolution approving and accepting certain acquisition contracts and certain deeds to sell real property to the City of Waterloo for the partial acquisition of right-of-way and temporary easements in conjunction with the F.Y. 2011 East Donald Street Improvements between Logan Avenue (Highway 63), eastward to Mildred Avenue from the following: Cassie Pearson in the amount of $100.00; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning & Development Director 11. Resolution rescinding Resolution No. 2011-877; and approving an agreement in the acceptance of a Black Hawk County Gaming Grant in the amount of $642,000.00 to be used for the Byrnes Park Drainage Project; and authorize Mayor to execute said document. Submitted by JB Bolger, Golf& Downtown Area Maintenance Manager 12. Resolution approving agreement with Hellman Associates, Inc. of Waterloo, Iowa in the amount of $12,000.00 to provide services as part of Phase 1 of a Marketing and Public Relations Plan for the Cedar Valley SportsPlex; and authorize Mayor to execute said document. Submitted by Mark Gallagher, Sports Manager February 27, 2012 Page 6 ORDINANCES 13. Ordinance Change—No Parking Here To Corner in a easterljj direction .from Logan Avenue and a westerly direction from the alley way in the 200 block 2f Harrison St Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by Adding a New Subsection (50b) Harrison Street to Section 553, No Parking Here to Corner. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Sandie Greco, Traffic Operations Superintendent 14. Adoption of 2011 National Electrical Code Motion to receive, file, consider and pass for the first time an Ordinance amending Title 9: Building Regulations, Chapter 3: Electrical Regulations. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Craig Clark, Building Official/Maintenance Administrator ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, February 27, 2012 4:50 p.m. - Ordinance Committee, Council Chambers 4:55 p.m. - Boards & Commissions Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers CITY OF WATERLOO Council Communication City Council Meeting: 2/27/12 Prepared: 2/22/12 Dept. Head Signatures_, # of Attachments: 1 SUBJECT: Black Hawk County Gaming Association Contract for Byrnes Park Drainage Project Submitted by: JB Bolger- Golf& Downtown Area Maintenance Manager Recommended City Council Action: Request Council approve and authorize Mayor to sign agreement with Black Hawk County Gaming Association in the amended amount of$642,000. Summary Statement Expenditure Required $100,000 Golf CIP Improvements Funds Match Source of Funds G.O. Bond Funds- Golf Improvements Policy Issue NA Alternative NA Background Information: Council approved agreement with BHCGA September 12, 2011 to receive $400,000 in funding for this project. The BHCGA revisited the request for funds after their August awards meeting and revised their commitment to $642,000 while nullifying the original $400,000 award. BLACK HAWK COUNTY GAMING ASSOCIATIONa HELPING THE CEpAR VALLEY PROSPER ORGANIZATION : City of Waterloo Grant#: FY11-88 1 PROJECT NAME: Byrnes Park Drainage Project Amount: $642,000 Upon acceptance of this grant the grantee agrees to the following: GENERAL PROVISIONS: 1. Funds granted by the Black Hawk County Gaming Association shall be used by the grantee within 12 months of the official public announcement,unless otherwise specified or agreed to at the time of the grant award,or by subsequent action of the Black Hawk County Gaming Association. Projects must be started and completed on time and completed as presented. Failure to do so maybe cause for the Board to suspend future payments and demand refund of payments rendered. A requested for extension must be submitted to the Black Hawk County Gaming Association in writing prior to the expiration date specifying valid reasons. Payments will match the percentage of BHCGA's commitment to the total project budget. z. This award is to be used exclusively for the purposes specified in the grant,which may represent all,or any of the projects(s)specified in the rant application Print Name: INITIAL(1) The grant may be subject to special conditions listed below: SPECIAL CONDITIONS: The following special conditions are required in order to receive payment and shall become part of this agreement: 3. Billing must be submitted to Black Hawk County Gaming Association within 6o days of the completion of the 12 month grant period or sooner if the grant funds have been spent. Please send requests for payment which must include vendor invoices)or contract(s)signed by both parties to: Black Hawk County Gaming Association 229 East Park Avenue Waterloo, IA 50703 4. The Grantee will acknowledge the contribution of Black Hawk County Gaming Association to the program or project wherever and whenever appropriate. This will include,but not be limited to news releases,construction signage, plaques for project sites,decals,brochure or programs,etc.(For example:This program project made possible by funds contributed by the Black Hawk County Gaming Association). Please submit copies of these acknowledgements to the Black Hawk County Gaming Association—for more information please refer to the Publicity Guide 5. The grantee shall be a tax exempt entity at the time the award is paid. PAYMENT OF GRANT AWARD: To receive payment,documentation of the expenditure of the funds,acceptable to Black Hawk County Gaming Association must be submitted. If the grant is for capital or other purchased services,invoices or signed accepted bids/contracts, acceptable to Black Hawk County Gaming Association must be submitted to obtain payment. If the grant covers consultant i and or/contracted services,submit a statement,acceptable to Black Hawk County Gaming Association,verifying that the services were provided and itemize the expense incurred. The billing must be signed by an authorized agent of the organization and contain the grant number listed above. CITY OF WATERLOOg IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street * Waterloo, Iowa 50703-5783 9 (319)291-4366 Fax(319)291-4262 (0D. - NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: February 27, 201 BUCK Prepared: February 22, 2012 CLARK Dept. Head Signature: of Attachments: ',7,7 COUNCIL MEMBERS SUBJECT: Request to approve and accept certain acquisition contracts and DAVID accepting and approving certain deeds to sell real property to the City of Waterloo JONES for the partial acquisition of right-of-way and temporary easements from Cassie Ward 1 Pearson($100.00), related to the East Donald Street reconstruction project CAROLYN between Logan Avenue (Highway 63), eastward to Mildred Avenue. COLE Ward2 Submitted by: Noel Anderson, Community Planning& Development Director HAROLD GETTY Recommended City Council Action:Approval Word 3 QUENTIN Summary Statement: Transmitted herewith is a request by the City of Waterloo to HART accept certain acquisition contracts and accepting and approving certain deeds to Ward 4 sell real property to the City and temporary easements in conjunction with the East RON Donald Street reconstruction project between Logan Avenue (Highway 63), WEEPER eastward to Mildred Avenue (IDOT# STP-U-8155(714)-70-07). Currently, City Ward 5 staff is in the process of working with all property owners that would be impacted by the roadway project to obtain necessary documents to receive temporary BOB easements. At this time, staff has received a signature of approval from Cassie GREENWOOD Pearson At-Large STEVE The property owners in questions will be compensated the following amounts for SCHMITT the acquisition of right-of-way,permanent easements and temporary easements: At-Large Cassie Pearson $ 100.00 Please see the temporary easement contract, which breaks down into more detail on what the property owner was compensated for. The Federal Highway Administration has approved the proposed acquisition contracts and amounts. Expenditure Required: Source of Funds: Local Option Funds Policy Issue: Transportation, Economic Development, Land Use CITY WEBSITE: www.cimaterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Alternative: nfa Background Information: This portion of East Donald Street sees a high amount of traffic on a daily basis, much of it coming from individuals traveling to and from the Northeast Industrial Area, as well as Allen Hospital and Logan Plaza. Reconstruction of the street will add a center turn-lane for traffic turning left. Expansion of the road will also make for a better transportation network in the area,which could foster new development at Logan Plaza. Legal Description: See attached legal descriptions ta:NA cc: Aric Schroeder,City Planner Eric Thorson,City Engineer Jeff Bales,Associate Engineer Chris Wendland,Legal --Erle-- . . TEMPORARY EASEMENT ' F.\! 2011EAST DONALD STREET IMPROVEMENTS CITY OFWATERLOO, BLACK HAWK COUNTY, IOWA STF-U-81577(714)--70-07 The undersigned does hereby grant and convey unto the City ofWaterloo in Black Hawk County, Iowa, a temporary construction easement for the property shown inExhibit'A' Owner: Cassie Pearson 433 Sherman Avenue Waterloo, |A5O7O3 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (GEEEXH)B|T'A^) Said temporary easement to terminate upon completion and acceptance of contract documents per project identified inExhibit'A/. For the purpose of a construction easement for sidewalk construction, together with a right-of-ingress and egress thereon. Access bosaid property will bogained through anew curb-cut off ofEast Donald Street, with said curb-cut being located 20 feet west of the PTR Point at the southwest corner of the intersection of East Donald Street and East 4"'Street. SAID TEMPORARY EASEMENT WILL RELEASE UPON THE COMPLETION OF CONSTRUCTION. |NWITNESS WHEREOF, wehave hereunto set our-hands this day of 012. ' State ofIowa ) Black Hawk County) On this day of �_f 2012, before me the undersigned, a Notary Public in and for Black Hawk Cou�ty, State of Iowa, persons representing Cassie Pearson to me known to,be the persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notary Seal the day and year lastabove.written, SHEET 2 {)F2 ~ ^ EXHIBIT 'A' TEMPORARY EASEMENT F.Y.2011 EAST DONALD STREET IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA PROJECT NO. STP—U-8155(714)-70-07 w v ui s i I E. DONALD STREET 53.11' 5.48' —*-il ------------- Lu :4 37.00' ...... ` 28.27' Z 1 24 27.92' Q _ b Z O a L") V) `n o LEGEND FEE TITLE ACQUISITION LINE r■■�■■��■■.• TEMPORARY EASEMENT LINE 0 25 50 75 100 ADDRESS OF SURVEY SCALE 2857 E.4TH STREET WATERLOO, IOWA 50703 AREA OF TEMPORARY EASEMENT = 474 SQUARE FEET OR 0.09 ACRES COUNTY PARCEL NO. 8913-13-104-002 REVISED 1-12-12 SHEET 1 OF 2 A COM TEMPORARY EASEMENT 501 SYCAMORE STREET CASSIE PEARSON I SUITE 222 433 SHERMAN AVENUE WATERLOO, IOWA 50703 WATERLOO, IOWA 50703 ppgg - � as�g S sb .$ 3Sa � � Cf2 - � 'agssa'�s. ncn �i.. 14 Ammon Vw ° v i •e III J t'j"' gR AiL HopeAvenue � �'— u ly I In v y , CD Sherman Avenue o ro CD �. �. k I r� t1 (p r n� CL A ,ems " Boston Avenues s r 7 li S8f3,�" 4T e B '1 � ff AMz $ R +s4c t 7 a e• .r m East�4th�Street � m rw o 3 F A I � m t Mildred Avenue CITY OF WATERLOO Committee Communication Finance Committee Meeting: 2/27/12 Prepared: 2Z22/12 Dept. Head Signature: PH # of Attachments: 1 SUBJECT: Approval of agreement with Hellman for Phase 1 of a Marketing and Public Relations Plan for the Cedar Valley SportsPlex. Submitted by: Mark Gallagher, Sports Manama Recommended City Council Action:NA Summary Statement Hellman would provide the following services as part of Phase 1 of the project: 1) Branding Strategy Development 2) Marketing and Pr Awareness Strategy Development 3) Membership Strategy Development Expenditure Required $12,000.00 Source of Funds $10,000.00 in Hotel/Motel Discretionary Funds $2,000.00 in Sports Operating Budget Policy Issue NA Alternative Na Background Information: Construction of the Cedar Valley SportsPlex will begin this Spring with a projected opening date of Fall of 2013. A solid marketing/public relations strategy is crucial in reaching membership goals. em�lman stim e Especially for: Mark Gallagher Prepared by: Bob Heliman/Ann DeBerg, Hellman Date: 2/21/2012 Cedar Valley Sports Plex Overview: The new Cedar Valley Sports Plex is set to begin construction in downtown Waterloo in early 2012. As a first-of-its-kind facility in the area, developers need to consider an aggressive marketing communications plan to help guarantee the success of this new venue. An extensive marketing plan will need to address overall awareness of the Cedar Valley Sports Plex, as well as brand identity and membership retention. Hellman has provided an estimate for strategic development and projected execution, beginning six months from date of launch. Estimate: (Phase 1) Strategic Development: $10,000 — $12,000 (overall costs of all three sub strategies) Hellman will provide a comprehensive strategy for the Cedar Valley Sports Plex that includes: a. Branding Strategy Development Includes logo development and recommendations for optimizing your brand throughout all elements and phases of facility development and opening. b. Marketing and PR Awareness Strategy Development Includes development of all communication tactics to generate awareness and excitement for the opening of the facility. c. Membership Strategy Development Includes initial membership driven tactics and promotions designed to secure members prior to and immediately after facility opening. 'Thank you for the opportunity to provide you with this estimate. This estimate is valid for 30 days from the date above. To accept the estimate and initiate work,please sign and return at your earliest convenience. The numbers represented above are to be used as an estimate for the projects discussed. The above cost summary in no way constitutes a warranty of final price. Estimates are subject to change if project specifications are changed or costs for outsourced services change before being locked in by a binding contract. On behalf of Cedar Valley SportsPlex, I hereby agree to retain the services of Hellman to provide Strategic Development for the new Cedar Valley Sports Plex as defined above. Client Approva€ Heilman Approval L Approved By Date Authorized By Date E Copyright©2012 Hellman Associates, Inc.All rights reserved. 1225 wast Fourth Street o Waterloo, Iowa 50702 o 319.234.7055 o tax: 319.23z..2089 CITY OF WATERLOO Council Communication City Council Meeting: February 27, 2012 Prepared: February 22, 2012 Dept. Head Signature: S.G. # of Attachments: 1 SUBJECT: Ordinance Change — No Parking Here To Corner in a easterly direction from Logan Ave. and a westerly direction from the alley way in the 200 block of Harrison St. Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Adopt Ordinance Summary Statement: To allow 2 to 3 parking spaces in mid-block. Expenditure Required: Source of Funds: Policy Issue Alternative Background Information: Working with residents and Code Enforcement, to add 2 to 3 parking spaces across from the apartment building, which only has on-street parking for residents. ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY ADDING A NEW SUBSECTION (50b) HARRISON STREET SECTION 553, NO PARKING HERE TO CORNER. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That a new Subsection (50b) Harrison Street of Section 553, No Parking Here to Corner, of the 2008 Traffic Code, is hereby added as follows: (50b) Harrison Street Easterly direction from Logan Avenue and a westerly direction from the alley way in the 200 block of Harrison Street. PASSED AND ADOPTED by the City Council this day of , 2012, and approved by the Mayor this day of , 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk CITY OF WATERLOO Committee Communication City Council Meeting: February 27, 2012 Prepared: February 23, 2012 Dept. Head Signature: cc # Of Attachments: 1 SUBJECT: Adoption of the 2011 National Electrical Code Submitted by: Craiq Clark Building Official Recommended City Council Action: Approval to adopt the 2011 NEC Summary Statement The City Of Waterloo Electrical Board has met and has made the recommendation to adopt the 2011 NEC with the same amendments as the 2009 NEC. This will keep the City of Waterloo parallel with the City of Cedar Falls as to the same code and code amendment. Expenditure Required Source of Funds Policy Issue Alternative Background Information: To be in compliance with the State of Iowa Electrical requirement we need to adopt the most current code. The State requires we have a minimum adoption of the 2011 NEC and can only make amendments that are more restrictive than the State code. CHAPTER 3 . ELECTRICAL CODE ARTICLE 1 . ELECTRICAL REGULATIONS, GENERALLY Sec. 9-3-1 . Title. This ordinance shall be known as the Waterloo Electrical Code, may be so cited and may be referred to hereinafter as the "Code". Sec. 9-3-2 . Purpose and scope. It is the purpose of this ordinance to adopt an electrical code by reference, including provisions for the inspection and regulation of electrical installation, issuance of permits, the collection of fees, and to provide penalties for violations of this ordinance in order to protect the public health, safety and welfare. The provisions of this code shall apply to and govern all uses, installations, alterations, repairs, removals, renewals, replacements, connections, disconnections, and maintenance of all electrical equipment within the City of Waterloo, Iowa. Sec. 9-3-3 . Definitions . The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Appeal board means the board created in section 11-31 . (b) Approved by the electrical inspector means found by the inspector to comply with the requirements of this ordinance and, in the absence of such requirements, found by the inspector to be safe in respect to life and property as measured by the standards established in this ordinance and the National Electrical Code and National Fire Protection Association Standards . (c) Electrical contracting means undertaking, or offering to undertake, the planning and installation of electrical systems and equipment and the employment, management, supervision and control of electricians and apprentice electricians doing electrical work. (d) Electrical contractor means any person responsible for the activity of planning, or supervising electricians and apprentices doing electrical wiring, work, or Ordinance No. Page 2 equipment installations and connections to apparatus, which is or will be connected to an electric light and power source. (e) Electrical equipment means all electrical materials, wiring, conductors, fitting, conduits, devices, appliances, fixtures, signs and apparatus or parts thereof comprising an electrical system or control of such system. (f) Electrical maintenance work shall mean the repair of the existing electrical equipment, or limited replacement and extensions of branch circuits as determined by the Chief Electrical Inspector. (g) Electrical work means all installations, alterations, repairs, removals, replacements, disturbances, connections, disconnections and maintenance of wiring and electrical equipment, or control of any of the above, over 25 volts, and wiring systems through or by which is conveyed or intended to be conveyed, electrical current in, above, or under any building, structure, tent or premises, public or privately owned, in the City of Waterloo, Iowa. (h) Electrician means any person doing electrical work for an electrical contractor. (i) Examining board means the board created in section 11- 31 . (j ) Licensed or qualified person means any person who has been examined and licensed by the examining board and has its approval to install, remove, alter or make additions to any electrical work in the city. (k) Shall means that the act to be performed is mandatory. Sec. 9-3-4 . Rules of construction. In this ordinance certain terms shall be construed as follows : (a) Electrical terms are definitions relating to electrical equipment, wiring methods and special wiring locations and conditions shall be those accepted by the trade and listed in the National Electrical Code or other recognized safe wiring manuals or tests . Ordinance No. Page 3 (b) Building classification and occupancy shall be determined from the city building code and the city zoning ordinance. Sec. 9-3-5 . National Electrical Code adoption. (a) The 2011 Edition of the National Electrical Code, including Article 90, Chapters 1 through 9, and Annex A, B, C, D and H, inclusive, as published by the National Electrical Code Committee, and adopted by the National Fire Protection Association, is hereby adopted by reference and is effective as if fully set forth in this article. Where, in any specific case, different sections of this article specify different materials, methods of construction or requirements, the most restrictive shall govern. Sec. 9-3-6. National Electric Code Amendments . The provisions of this section specify certain amendments, by deletion, addition or substitution of the 2008 edition of the National Electrical Code. Where this section states that an article, subsection, enumeration or exception is deleted, only the specific article, subsection, enumeration or exception is deleted. Where this section states that an article or subsection is deleted in its entirety, all references listed thereafter associated with the specific article (with subsections, enumerations and exceptions) or subsection (with enumerations and dxceptions) are deleted. (a) Amendments to 2011 NEC Chapter 2 Amendments : (1) 210 . 8 (A) , Dwelling Units, of the 2005 edition of the National Electrical Code with any appropriate editing for cross-references . (2) 210-11 (C) (3) 01 Bathroom Branch Circuits, is amended by deleting the italicized paragraph entitled "Exception" in its entirety. (3) 220-61 (C) Prohibited Reductions, is amended by adding the following subparagraph: (3) Reduction of neutral or grounded conductor is allowed only under the direct supervision of an electrical engineer. (4) 230-30 Insulation, is amended by deleting the italicized paragraph entitled "Exception" (1) Ordinance No. Page 4 through (4) in its entirety, and adding the following new unnumbered exception: Exception: A grounded conductor shall be permitted to be uninsulated if it is part of a service entrance cable assembly. (5) "230-43 . Wiring Methods for 600 Volts, Nominal, or Less, is amended by deleting items (1) and (6) , and by adding the following as a new unnumbered paragraph at the end of the enumerated paragraphs : "Only items (3) Rigid metal conduit and (4) Intermediate metal conduit may be concealed. " (6) 230-50 (A) Underground Service Entrance Conductors is deleted in its entirety and the following sentence is substituted therefore: "Service lateral conductors shall be installed in a raceway not less than two feet underground. " (7) 250 . 4 General Requirements for Grounding and Bonding, is amended by adding the following item: " (C) . Raceway and Cable Grounding. All raceways and cables shall have an equipment-grounding conductor. Exceptions: service cable and raceways, rigid metal conduit, intermediate metal conduit and electrical metallic tubing. " (8) 250. 52 (a) (5) Rod and Pipe Electrodes, is deleted in its entirety and the following is substituted therefore: "Rod electrodes shall be not less than 2 . 5 m (8 ft) in length, not less than 15 . 87 mm (5/8 in. ) in diameter, and shall be copper clad or equivalent. " (9) 250. 70 Methods of Grounding and Bonding Conductor Connection to Electrodes, is amended by deleting item (1) , deleting from item (2) the words, "or plain or malleable iron, " and renumbering the remaining items as items (1) through (4) . 2008 NEC Chapter 3 Amendments (1) 300 . 13 (B) Device Removal, is deleted in its entirety and the following is substituted therefore: Ordinance No. Page 5 " (B) Device Removal . In all circuits the continuity of conductors shall not be dependent upon device connections where the removal of such devices would interrupt continuity. " (2) 310. 106 (B) Conductor Material, is amended by adding the following sentence at the end: "Service Grounding conductors shall be of copper and shall be insulated. " (3) Table 310 . 15 (b) (7) 120/240-Volt, 3-Wire, Single- Phase Dwelling Services and Feeders) , is deleted in its entirety. 2011 NEC Annex H AMENDMENTS Sec. 9-3-7 . 80 . 9 (C) Additions, Alterations, or Repairs is amended by adding the following: It is prohibited by this ordinance to perform any repair, add to, or revamp any residential service less than 60 ampere electrical service. 80. 13 Authority, subparagraph (13) , is amended by Inserting a period after the words "ready for inspection", and deleting the words, "and shall conduct the inspection within days . " 80. 15 Electrical Board, is deleted in its entirety and the following is substituted therefore: ARTICLE 2 . BOARD OF ELECTRICAL EXAMINERS AND APPEALS Membership; appointment of members; term of office. (a) Establishment of the Board. There is hereby established a Board of Electrical Examiners and Appeals, hereinafter referred to as the "Board, " with authority and responsibility as follows : (1) To act as a Board of Appeals as provided in the Waterloo Electrical Code. (2) To periodically review the provisions of the Waterloo Electrical Code and make recommendations to the Building Official for improving and updating said documents . Ordinance No. Page 6 (b) Composition of the Board. The Board shall consist of five (5) members, all of whose place of business, residence, or work is located in the City of Waterloo. All members shall be qualified by experience and training to pass judgement upon matters pertaining to electrical construction. The membership shall be as follows : Two licensed electrical contractors, one licensed, working electrician, a representative from a public utility company furnishing electrical power to the City, one electrical engineer capable of designing systems governed by this code. The electrical inspector shall serve as secretary to the Board. Said Board shall serve without compensation. (c) Appointment of Members and Terms of Office. The members of the Board of Electrical Examiners and Appeals shall be appointed by the Mayor with the approval of the City Council. After initial appointment of the Board the terms of the members shall be for three years except that the initial terms shall be so arranged and staggered so that the terms of no more that two members shall expire any one year. A vacancy within any term shall be filled by appointment of the Mayor with the approval of the City Council for the unexpired portion of that term only. Powers and duties of the Board. The Board of Electrical Examiners and Appeals shall have the following powers and duties : (a) To act upon reports of violations by licensed master electricians and journeyman electricians as filed by the electrical inspector with the Board. (b) To keep a complete record of the official proceedings of the Board; to preserve all documents, books and papers relating to appeals and hearing of complaints and charges for at least three years . (c) To hear appeals from the decision of the electrical inspector and to rule on interpretations of the provisions of the Waterloo Electrical Code, and to determine the suitability of alternate materials and methods of construction consistent with the provisions of the Waterloo Electrical Code. Meetings; records . Ordinance No. Page 7 (a) All meetings of the Board of Electrical Examiners and Appeals shall be held in the council chambers, or other location indicated in a public notice posted 24 hours prior to any meeting. (b) Three members of the board shall constitute a quorum for the transacting of all business, but any action taken by the Board shall require a majority vote of all members of the Board. (c) The Board shall annually elect one of its members as chairperson of the Board. (d) The secretary of the Board shall keep a record of the Board meetings and register the names and residences of all persons examined by the Board and the kind of electrical license issued to each, if any. Right of appeals . Any person shall have the right to appeal any decision of the electrical inspector to the Electrical Board of Examiners and Appeals by filing a written notice of such appeal with the electrical inspector within ten (10) days from the date of the inspector' s decision. The Board shall forthwith fix a time and place of hearing such appeal which shall not be less than five (5) days nor more than fifteen (15) days after the date of filing of the notice of such appeal, and the electrical inspector shall notify the appellant in writing by registered mail of the time and place of such hearing. After the hearing of said appeal, the Board may sustain or overrule the decision of the electrical inspector. Decision of the Board shall be final unless appealed to the courts as by law provides . 80 . 19 (a) is amended by adding the following line item #3: Permit for installation by homeowner. 3 . A permit application may be submitted by the homeowner and, upon approval and payment of required fees, an electrical permit shall be issued. Such permit authorizes the owner only to install electrical equipment in the dwelling owned and occupied by the owner, without license or certificate of insurance, and without help from persons other than family members . 80 . 19 (c 1) is amended by adding the following sentence at the end of the section: Ordinance No. Page 8 A permit is not required for these repairs if the cost of the repairs does not exceed $300 . 00 . 80 . 19 (e) is amended by adding the following: Fees . (a) Payment of fees for electrical permits shall be made on or before the tenth day of the month following the date of application for the permit or the date of the statement from the electrical inspector. All fees shall be payable to the City of Waterloo. All accounts over 60 days due will be put on a "hold" status until brought current . (b) Inspection fees shall be paid in such amounts as established by Resolution by the city council . Inspections. 80 . 19 (f) Inspections and Approvals, subparagraph (3) , is amended by deleting the words "or until days have elapsed from the time of such notification". 80 . 23 (b) Penalties, subparagraph (3) , is deleted in its entirety. 80 . 25 (c) Notification, is deleted in its entirety. 80 . 27 Inspector' s Qualifications is amended by deleting said section in its entirety and substituting the following therefore: 80 . 27 Inspector' s Qualifications . ARTICLE 3 . ELECTRICAL INSPECTOR Appointment; qualifications . (a) The electrical inspector is hereby authorized, directed and empowered to inspect any and all buildings, structures, tents and premises, public and private, and, as provided in this ordinance, to condemn and order removed or remodeled and put into proper and safe condition for the prevention of fire and for safety to life and property, all electrical equipment installations and connections of electrical current for light, heat and power purposes, and to control the Ordinance No. Page 9 disposition and arrangement of such equipment so that persons and property shall not be in danger therefrom. (b) The electrical inspector shall have successfully passed any and all examinations administered by the Civil Service Commission, have been recommended to said position by the Building Official, appointed by the Mayor, and confirmed by the majority of all members of the City Council. (c) The appointee shall: (1) Be a qualified electrician and shall have at least five years of practical experience in the electrical trade or five years of experience as an electrical inspector, or, in lieu of such experience, shall be a graduate in electrical or mechanical engineering of a college or university considered by the Personnel Director as having suitable requirements for graduation and shall have had two years of practical electrical experience; (2) Be possessed of such executive ability as requisite for the performance of required duties and have thorough knowledge of the standard material and methods used in the installation of electrical equipment; and (3) Be well versed in improved methods of construction for safety to persons and property, the statutes of the state relating to electrical work and any orders, rules and regulations issued by authority thereof, and in the National Electrical Code. (d) The electrical inspector shall hold a current master or journeyman electrical license with the State of Iowa or shall be required to pass an examination prior to his/her appointment. (e) He/she shall hold membership in the International Association of Electrical Inspectors . NEW Section 80 . 28 Licensing, is added as follows : {-a) License Required Ordinance No. Page 10 1 . Electrical licenses shall be governed by Iowa Code Chapter 103, Electricians and Electrical Contractors (2008) . (b) No NEW master electrician, journeyman or appliance wireman licenses will be issued after January 1, 2009. Only existing Waterloo licenses or State of Iowa Class A licenses will be accepted by the City of Waterloo. A State of Iowa Class B license will be accepted by the City of Waterloo if the electrician has held a Waterloo license after January 1, 1990 . Existing City of Waterloo licenses will be re-issued to the electrician if the electrician chooses not to get a State of Iowa electrical license. (c) Existing license fees will apply for electricians choosing to renew current City of Waterloo electrical licenses. If you have a new State of Iowa electrical contractor' s license and wish to pull a permit in the City of Waterloo, a one-time registration fee of $150 . 00 will be charged if you have never held a City of Waterloo license. Conditions of certificates of insurance. (a) Any firm or corporation who holds solely a City of Waterloo electrical contractor' s license, who is installing, removing, altering, or making addition to any electrical equipment in the City of Waterloo shall execute and file with the Waterloo Building Official (or a specified inter-governmental agency if so designated by the Building Official) a Certificate of Insurance written by a company authorized to transact business in the State of Iowa, in limits of no less than Three Hundred Thousand Dollars ($300, 000 . 00) combined single limit to any person and One Hundred Thousand Dollars ($100, 000 . 00) property damage; said Certificate to be written on a standard form and carrying an endorsement naming the City of Waterloo, Iowa, and its employees (or the inter-governmental agency designated by the Building Official) as additional insureds as its interest may appear and conditioned upon the faithful performance of all duties required of such contract by any ordinances, rules and regulations of the City of Waterloo, Iowa. It shall be a further condition of said Certificate of Insurance that the obligator will hold the City (through the specified inter-governmental agency if so designed) harmless from any and all damages sustained by reason Ordinance No. Page 11 of neglect or incompetency on the part of such contractor, his/her agents or employees in the performance of the work done under a license or permit issued upon the filing of said Certificate. (b) Said Certificate of Insurance shall be issued by the 31st day of December of each year, and shall be refiled on or before said date for each subsequent year and shall be in continuous full force and effect. That it is the intent and purpose of said Certificate of Insurance to also bind the individual, company, firm, association or partnership, whether it be trade name, corporation, or other business association or arrangement with which the principal is associated. Expiration and renewal of license; display; transfer. (a) All licenses issued under this ordinance shall expire on December 31 of each year and may be renewed by the holder upon application and payment of the required fee, and certificate of insurance where applicable, at any time within the 30-day period prior to December 31 . Any license not renewed prior to December 31 shall expire 30 calendar days thereafter and shall not be renewed without examination, except on the recommenda- tion of the Board of Electrical Examiners and Appeals . If the Board approves the renewal of the license without re-examination, the license shall be renewed after payment of a double fee. (b) Code update certificate - Renewal of a Waterloo Master Electrician license and a Journeyman Electrician license shall require each applicant to attend and complete an approved eight-hour National Electrical Code (N. E.C. ) update class within twelve months of January 1St of the date on the latest N. E.C. book. A certificate of completion must be submitted to the Electrical Inspection Office before licenses will be renewed. (c) The validity and right of renewal shall be dependent upon strict compliance by the licensee with all city ordinances, and upon the payment of all fines and penalties which are required as a consequence of violations of city ordinances . (d) Every holder of a Waterloo electrical contractor's li- cense shall keep his/her license displayed in a Ordinance No. Page 12 conspicuous place in his/her places of business at all times . (e) Licenses are not transferable, nor shall they be loaned or rented. Sec. 9-3-8 . Penalty, abatement of violations. (a) Any person violating any provision of this ordinance shall be deemed guilty of a municipal infraction and, upon conviction thereof, shall be punished accordingly. (b) If any electrical work, including construction or repair, is performed within the city contrary to the provisions of this ordinance, it shall be deemed a municipal infraction and, in addition to penalties described, shall be abated in accordance with this ordinance. (c) The doing of any act prohibited or declared to be unlawful, an offense or a municipal infraction by this ordinance or the National Electrical Code, or the omission or failure to perform any act or duty required by this ordinance or the National Electrical Code, is, unless another penalty is specified, punishable as provided in sections 1-15 through 1-17 of the Waterloo code. Sec. 9-3-9. Applicability of ordinance to existing buildings . (a) If any existing building is damaged due to fire, natural disaster or otherwise, the areas that are damaged shall be brought up to current city and national codes. If other areas of the building are altered or repaired due to damages that occurred, these areas must also be brought up to the current codes. (b) If the type of occupancy of an existing building is partially or entirely changed, the electrical wiring shall be made to conform to the requirements of the current city and national codes for the new type of occupancy. Sec. 9-3-10 . Moved buildings . (a) Residential moved buildings shall be brought into compliance with the electrical requirements of new residential-type buildings . Ordinance No. Page 13 Exception: Parts of an electrical system which were not damaged and had been installed in compliance with the electrical code which was in effect at the time of installation may be retained in said electrical systems . (b) Electrical systems in any other moved buildings shall be brought into compliance with the provisions of this Code the same as for new construction. (c) The permanent service connection shall not be made by the power company until the electrical system is completely installed, and is approved by the inspector. (d) The existing service on the moved building shall not be connected to the electrical power source unless specifically approved by an inspector. Sec. 9-3-11. Disclaimer. This ordinance shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons or property caused by any defect therein, nor shall the city be held as assuming such liability by reason of the inspection or reinspection authorized in this ordinance or the certificates of approval issued as provided in this ordinance, or by reason of the approval or disapproval of any equipment authorized in this ordinance. Sec. 9-3-12 . Liability of electrical inspector. The electrical inspector, acting in good faith and without malice in the discharge of his/her duties, shall not thereby render himself/herself liable personally and he/she hereby is relieved from all personal liability for any damage that may accrue to person or property as a result of any act required or by reason of any act of omission in the discharge of his/her duties . Any suit brought against the city because of such act or omission performed by him/her in the enforcement of any provisions of this ordinance shall be defended by the city. Sec. 9-3-13 . Reserved. Sec. 9-3-14 . Unlawful connections . It shall be unlawful for any person to make connection from a supply of electricity to any electric equipment that has been installed or which has been disconnected or ordered to be Ordinance No. Page 14 disconnected by the electrical inspector, until inspected and approved by the electrical inspector. Sec. 9-3-15 . Inspection of wiring required prior to installation of meter. It shall be unlawful for any person to set a meter for electric purposes to any building or premises, wiring of which has not been inspected and approved by the electrical inspector. A violation of this section will cause the electrical inspector to give written notice and immediately cause the removal of such conditions and the discontinuance of such current. Sec. 9-3-16. Alteration of identification or rating markings. It shall be unlawful to cover, remove, alter, change or deface the maker' s name or identification mark or any of the rating markings on electrical equipment. Sec. 9-3-52 . Conflict of interest. It shall be unlawful for the electrical inspector or assistant electrical inspectors to engage in the business of the sales, installation or maintenance of electrical equipment, either directly or indirectly, and they shall have no financial interest in any concern engaged in such business in the city of Waterloo, at any time, while holding said offices . The City Council of the City of Waterloo now hereby establishes licensing fees for electrical licenses as follows : ELECTRICAL LICENSE FEES FOR CITY OF WATERLOO Electrical Contractor License . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150. 00 The City Council of the City of Waterloo now hereby establishes permit fees for electrical permits as follows : Ordinance No. Page 15 SCHEDULE OF ELECTRICAL INSPECTION FEES CITY OF WATERLOO FEES BASE FEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 .00 ROUGH WIRING - OPENINGS: 1 to 14, inclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 15 to 30, inclusive, additional . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7 . 00 Over 30, per additional opening . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 . 20 LIGHTING FIXTURES - INCANDESCENT/FLUORESCENT/PORCELAIN BASES: 1 to 14, inclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 15 to 30, inclusive, additional . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7 . 00 Over 30, per additional fixture . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 . 20 ELECTRICAL SERVICES - TEMPORARY/PERMANENT: Up to 100-ampere capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15. 00 To 225-ampere capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20 . 00 Over 225-ampere capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30 . 00 Replacement services, additional . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 Subpanels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7 . 00 MOTORS, PER UNIT: 0 to 10 hp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8 . 00 10 to 25 hp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 Over 25 hp, additional, per hp . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 . 50 Residential fan units, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4 . 00 DISHWASHERS, DISPOSALS, ELECTRIC DRYERS, SUMP PUMPS, DOOR OPENERS, WATER HEATERS, COOKING EQUIPMENT: Eachunit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5. 00 Other units requiring an inspection . . . . . . . . . . . . . . . . . . . . . . $ 5 . 00 HEATING AND COOLING UNITS: Each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8 . 00 Cooling unit and air handling units . . . . . . . . . . . . . . . . . . . . . . $ 12 . 00 PTACUnit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 00 ELECTRIC HEATERS, WALL HEATERS, BASEBOARD UNITS: Firstunit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5 . 00 Each additional unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3 . 00 ILLUMINATED SIGNS AND OUTLINE LIGHTING: Persign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 Outline lighting, first circuit . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 Ordinance No. Page 16 Each additional circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4 . 00 NEON AND ALL SIGNS USING SECONDARY VOLTAGE OF 600 VOLTS AND MORE: First transformer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10. 00 Each additional transformer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5. 00 GENERATORS, X-RAY EQUIPMENT TRANSFORMER, CONVERTERS, PROJECTION EQUIPMENT AND WELDERS AND SPECIALIZED UNITS: Perunit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 RE-INSPECTION FEE DUE TO WRONG ADDRESS, NO ADDRESS POSTED, INCOMPLETE WORK, INSUFFICIENT INFORMATION, UNABLE TO ENTER OR FOR CORRECTIONS, EACH TRIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50. 00 WORK WITHOUT A PERMIT . . . . . . . . . . . . . . . double the permit fee or an additional $50 . 00 added to the permit fee which ever is greater ORDINANCE COMMITTEE February 27, 2012 4:50 p.m. Council Chambers Roll Call: Members: Chairperson Mayor Pro Tem All Council Members Approval of Agenda, as proposed. NEW BUSINESS 1. Adoption of 2011 National Electrical Code—Submitted by Craig Clark, Building Official/Maintenance Administrator. ADJOURNMENT Suzy Schares City Clerk CITY OF WATERLOO Committee Communication City Council Meeting: February 27, 2012 Prepared: February 23, 2012 Dept Head Signature: cc Of Attachments: 1 SUBJECT: Adoption of the 2011 National Electrical Code Submitted by: Craig Clark Building Official Recommended City Council Action: Approval to adopt the 2011 NEC Summary Statement The City Of Waterloo Electrical Board has met and has made the recommendation to adopt the 2011 NEC with the same amendments as the 2009 NEC. This will keep the City of Waterloo parallel with the City of Cedar Falls as to the same code and code amendment. Expenditure Required Source of Funds Policy Issue Alternative Background Information: To be in compliance with the State of Iowa Electrical requirement we need to adopt the most current code. The State requires we have a minimum adoption of the 2011 NEC and can only make amendments that are more restrictive than the State code. CliAPTER 3. ELECTRICAL CODE ARTICLE 1. ELECTRICAL REGULATIONS, GENERALLY _Sec. 9-3-1 . Title. This ordinance shall be known as the Waterloo Electrical Code, may be so cited and may be referred to hereinafter as the "Code". Sec. 9-3-2 . Purpose and scope. It is the purpose of this ordinance to adopt an electrical code by reference, including provisions for the inspection and regulation of electrical installation, issuance of permits, the. collection of fees, and to provide penalties for violations of this ordinance in order to protect the public health, safety and welfare. The provisions of this code shall apply to and govern all uses, installations, alterations, repairs, removals, renewals, replacements, connections, disconnections, and maintenance of all electrical equipment within the City of Waterloo, Iowa. Sec. 9-3-3 . Definitions . The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Appeal board means the board created in section 11-31. (b) Approved by the electrical inspector means found by the inspector to comply with the requirements of this ordinance and, in the absence of such requirements, found by the inspector to be safe in respect to life and property as measured by the standards established in this ordinance and the National Electrical Code and National Fire Protection Association Standards . (c) Electrical contracting means undertaking, or offering to undertake, the planning and installation of electrical systems and equipment and the employment, management, supervision and control of electricians and apprentice electricians doing electrical work. (d) Electrical contractor means any person responsible for the activity of planning, or supervising electricians and apprentices doing electrical wiring, work, or Ordinance No. Page 2 equipment installations and connections to apparatus, which is or will be connected to an electric light and power source. (e) Electrical equipment means all electrical materials, wiring, conductors, fitting, conduits, devices, appliances, fixtures, signs and apparatus or parts thereof comprising an electrical system or control of such system. (f) Electrical maintenance work shall mean the repair of the existing electrical equipment, or limited replacement and extensions of branch circuits as determined by the Chief Electrical Inspector. (g) Electrical work means all installations, alterations, repairs, removals, replacements, disturbances, connections, disconnections and maintenance of wiring and electrical equipment, or control of any of the above, over 25 volts, and wiring systems through or by which is conveyed or intended to be conveyed, electrical current in, above, or under any building, structure, tent or premises, public or privately owned, in the City of Waterloo, Iowa. (h) Electrician means any person doing electrical work for an electrical contractor. (i) Examining board means the board created in section 11- 31 . (j ) Licensed or qualified person means any person who has been examined and licensed by the examining board and has its approval to install, remove, alter or make additions to any electrical work in the city. (k) Shall means that the act to be performed is mandatory. Sec. 9-3-4 . Rules of construction. In this ordinance certain terms shall be construed as follows: (a) Electrical terms are definitions relating to electrical equipment, wiring methods and special wiring locations and conditions shall be those accepted by the trade and listed in the National Electrical Code or other recognized safe wiring manuals or tests . Ordinance No. Page 3 (b) Building classification and occupancy shall be determined from the city building code and the city zoning ordinance. Sec. 9-3-5. National Electrical Code adoption. (a) The 2011 Edition of the National Electrical Code, including Article 90, Chapters 1 through 9, and Annex A, B, C, D and H, inclusive, as published by the National Electrical Code Committee, and adopted by the National Fire Protection Association, is hereby adopted by reference and is effective as if fully set forth in this article. Where, in any specific case, different sections of this article specify different materials, methods of construction or requirements, the most restrictive shall govern. Sec. 9-3-6. National Electric Code Amendments. The provisions of this section specify certain amendments, by deletion, addition or substitution of the 2008 edition of the National Electrical Code. Where this section states that an article, subsection, enumeration or exception is deleted, only the specific article, subsection, enumeration or exception is deleted. Where this section states that an article or subsection is deleted in its entirety, all references listed thereafter associated with the specific article (with subsections, enumerations and exceptions) or subsection (with enumerations and exceptions) are deleted. (a) Amendments to 2011 NEC Chapter 2 Amendments: (1) 210. 8 (A) , Dwelling Units, of the 2005 edition of the National Electrical Code with any appropriate editing for cross-references. (2) 210-11 (C) (3) , Bathroom Branch Circuits, is amended by deleting the italicized paragraph entitled "Exception" in its entirety. (3) 220-61 (C) Prohibited Reductions, is amended by adding the following subparagraph: (3) Reduction of neutral or grounded conductor is allowed only under the direct supervision of an electrical engineer. (4) 230-30 Insulation, is amended by deleting the italicized paragraph entitled "Exception" (1) Ordinance No. Page 4 through-" (47 in its entirety, and adding the following new unnumbered exception: Exception: A grounded conductor shall be permitted - o be uninsulated if it is part of a service entrance cable assembly. (5) "230-43 . Wiring Methods for 600 Volts, Nominal, or Less, is amended by deleting items (1) and (6) , and by adding the following as a new unnumbered paragraph at the end of the enumerated paragraphs : "Only items (3) Rigid metal conduit and (4) Intermediate metal conduit may be concealed. " (6) 230-50 (A) Underground Service Entrance Conductors is deleted in its entirety and the following sentence is substituted therefore: "Service lateral conductors shall be installed in a raceway not less than two feet underground. " (7) 250 . 4 General Requirements for Grounding and Bonding, is amended by adding the following item: " (C) . Raceway and Cable Grounding. All raceways and cables shall have an equipment-grounding conductor. Exceptions : service cable and raceways, rigid metal conduit, intermediate metal conduit and electrical metallic tubing. " (8) 250 . 52 (a) (5) Rod and Pipe Electrodes, is deleted in its entirety and the following is substituted therefore: "Rod electrodes shall be not less than 2 . 5 m (8 ft) in length, not less than 15 . 87 mm (5/8 in. ) in diameter, and shall be copper clad or equivalent. " (9) 250 . 70 Methods of Grounding and Bonding Conductor Connection to Electrodes, is amended by deleting - item (1) , deleting from item (2) the words, "or plain or malleable iron, " and renumbering the remaining items as items (1) through (4) . 2008 NEC Chapter 3 Amendments (1) 300 . 13 (B) Device Removal, is deleted in its entirety and the following is substituted therefore: Ordinance No. Page 5 " (B) Device Removal. In all circuits the continuity of conductors shall not be dependent upon device connections where the removal of such devices would interrupt continuity. " (2) 310 . 106 (B) Conductor Material, is amended by adding the following sentence at the end: "Service Grounding conductors shall be of copper and shall be insulated. " (3) Table 310 . 15 (b) (7) 120/240-Volt, 3-Wire, Single- Phase Dwelling Services and Feeders) , is deleted in its entirety. 2011 NEC Annex H AMENDMENTS Sec. 9-3-7 . 80 . 9 (C) Additions, Alterations, or Repairs is amended by adding the following: It is prohibited by this ordinance to perform any repair, add to, or revamp any residential service less than 60 ampere electrical service. 80 . 13 Authority, subparagraph (13) , is amended by Inserting a period after the words "ready for inspection", and deleting the words, "and shall conduct the inspection within days. " 80 . 15 Electrical Board, is deleted in its entirety and the following is substituted therefore: ARTICLE 2 . BOARD OF ELECTRICAL EXAMINERS AND APPEALS Membership; appointment of members; term of office. (a) Establishment of the Board. There is hereby established a Board of Electrical Examiners and Appeals, hereinafter referred to as the "Board, " with authority and responsibility as follows : (1) To act as a Board of Appeals as provided in the Waterloo Electrical Code. (2) To periodically review the provisions of the Waterloo Electrical Code and make recommendations to the Building Official for improving and updating said documents. Ordinance No. Page 6 (b) Composition of the Board. The Board shall consist of five (5) members, all of whose place of business, residence, or work is located in the City of Waterloo. All members shall be qualified by experience and training to pass judgement upon matters pertaining to electrical construction. The membership shall be as follows : Two licensed electrical contractors, one licensed, working electrician, a representative from a public utility company furnishing electrical power to the City, one electrical engineer capable of designing systems governed by this code. The electrical inspector shall serve as secretary to the Board. Said Board shall serve without compensation. (c) Appointment of Members and Terms of Office. The members of the Board of Electrical Examiners and Appeals shall be appointed by the Mayor with the approval of the City Council. After initial appointment of the Board the terms of the members shall be for three years except that the initial terms shall be so arranged and staggered so that the terms of no more that two members shall expire any one year. A vacancy within any term shall be filled by appointment of the Mayor with the approval of the City Council for the unexpired portion of that term only. Powers and duties of the Board. The Board of Electrical Examiners and Appeals shall have the following powers and duties: (a) To act upon reports of violations by licensed master electricians and journeyman electricians as filed by the electrical inspector with the Board. (b) To keep a complete record of the official proceedings of the Board; to preserve all documents, books and papers relating to appeals and hearing of complaints and charges for at least three years. (c) To hear appeals from the decision of the electrical inspector and to rule on interpretations of the provisions of the Waterloo Electrical Code, and to determine the suitability of alternate materials and methods of construction consistent with the provisions of the Waterloo Electrical Code. Meetings; records . Ordinance No. Page 7 (a) All meetings of the Board of Electrical Examiners and Appeals shall be held in the council chambers, or other location indicated in a public notice posted 24 hours prior to any meeting. (b) Three members of the board shall constitute a quorum for the transacting of all business, but any action taken by the Board shall require a majority vote of all members of the Board. (c) The Board shall annually elect one of its members as chairperson of the Board. (d) The secretary of the Board shall keep a record of the Board meetings and register the names and residences of all persons examined by the Board and the kind of electrical license issued to each, if any. Right of appeals . Any person shall have the right to appeal any decision of the electrical inspector to the Electrical Board of Examiners and Appeals by filing a written notice of such appeal with the electrical inspector within ten (10) days from the date of the inspector' s decision. The Board shall forthwith fix a time and place of hearing such appeal which shall not be less than five (5) days nor more than fifteen (15) days after the date of filing of the notice of such appeal, and the electrical inspector shall notify the appellant in writing by registered mail of the time and place of such hearing. After the hearing of said appeal, the Board may sustain or overrule the decision of the electrical inspector. Decision of the Board shall be final unless appealed to the courts as by law provides. 80 .19 (a) is amended by adding the following line item #3 : Permit for installation by homeowner. 3 . A permit application may be submitted by the homeowner and, upon approval and payment of required fees, an electrical permit shall be issued. Such permit authorizes the owner only to install electrical equipment in the dwelling owned and occupied by the owner, without license or certificate of insurance, and without help from persons other than family members . 80 . 19 (c 1) is amended by adding the following sentence at the end of the section: Ordinance No. Page 8 A permit is not required for these repairs if the cost of the repairs does not exceed $300. 00 . 80 . 19 (e) is amended by adding the following: Fees. (a) Payment of fees for electrical permits shall be made on or before the tenth day of the month following the date of application for the permit or the date of the statement from the electrical inspector. All fees shall be payable to the City of Waterloo. All accounts over 60 days due will be put on a "hold" status until brought current. (b) Inspection fees shall be paid in such amounts as established by Resolution by the city council. Inspections. 80. 19 (f) Inspections and Approvals, subparagraph (3) , is amended by deleting the words "or until days have elapsed from the time of such notification". 80 . 23 (b) Penalties, subparagraph (3) , is deleted in its entirety. 80 . 25 (c) Notification, is deleted in its entirety. 80 . 27 Inspector' s Qualifications is amended by deleting said section in its entirety and substituting the following therefore: 80 . 27 Inspector' s Qualifications. ARTICLE 3 . ELECTRICAL INSPECTOR Appointment; qualifications . (a) The electrical inspector is hereby authorized, directed and empowered to inspect any and all buildings, structures, tents and premises, public and private, and, as provided in this ordinance, to condemn and order removed or remodeled and put into proper and safe condition for the prevention of fire and for safety to life and property, all electrical equipment installations and connections of electrical current for light, heat and power purposes, and to control the Ordinance No. Page 9 disposition and arrangement of such equipment so that persons and property shall not be in danger therefrom. (b) The electrical inspector shall have successfully passed any and all examinations administered by the Civil Service Commission, have been recommended to said position by the Building Official, appointed by the Mayor, and confirmed by the majority of all members of the City Council. (c) The appointee shall: (1) Be a qualified electrician and shall have at least five years of practical experience in the electrical trade or five years of experience as an electrical inspector, or, in lieu of such experience, shall be a graduate in electrical or mechanical engineering of a college or university considered by the Personnel Director as having suitable requirements for graduation and shall have had two years of practical electrical experience; (2) Be possessed of such executive ability as requisite for the performance of required duties and have thorough knowledge of the standard material and methods used in the installation of electrical equipment; and (3) Be well versed in improved methods of construction for safety to persons and property, the statutes of the state relating to electrical work and any orders, rules and regulations issued by authority thereof, and in the National Electrical Code. (d) The electrical inspector shall hold a current master or journeyman electrical license with the State of Iowa or shall be required to pass an examination prior to his/her appointment. (e) He/she shall hold membership in the International Association of Electrical Inspectors . NEW Section 80 . 28 Licensing, is added as follows : (a) License Required Ordinance No. Page 10 1. Electrical licenses shall be governed by Iowa Code Chapter 103, Electricians and Electrical Contractors (2008) . (b) No NEW master electrician, journeyman or appliance wireman licenses will be issued after January 1, 2009 . Only existing Waterloo licenses or State of Iowa Class A licenses will be accepted by the City of Waterloo. A State of Iowa Class B license will be accepted by the City of Waterloo if the electrician has held a Waterloo license after January 1, 1990 . Existing City of Waterloo licenses will be re-issued to the electrician if the electrician chooses not to get a State of Iowa electrical license. (c) Existing license fees will apply for electricians choosing to renew current City of Waterloo electrical licenses. If you have a new State of Iowa electrical contractor' s license and wish to pull a permit in the City of Waterloo, a one-time registration fee of $150 . 00 will be charged if you have never held a City of Waterloo license. Conditions of certificates of insurance. (a) Any firm or corporation who holds solely a City of Waterloo electrical contractor' s license, who is installing, removing, altering, or making addition to any electrical equipment in the City of Waterloo shall execute and file with the Waterloo Building Official (or a specified inter-governmental agency if so designated by the Building Official) a Certificate of Insurance written by a company authorized to transact business in the State of Iowa, in limits of no less than Three Hundred Thousand Dollars ($300, 000 . 00) combined single limit to any person and One Hundred Thousand Dollars ($100, 000. 00) property damage; said Certificate to be written on a standard form and carrying an endorsement naming the City of Waterloo, Iowa, and its employees (or the inter-governmental agency designated by the Building Official) as additional insureds as its interest may appear and conditioned upon the faithful performance of all duties required of such contract by any ordinances, rules and regulations of the City of Waterloo, Iowa. It shall be a further condition of said Certificate of Insurance that the obligator will hold the City (through the specified inter-governmental agency if so designed) harmless from any and all damages sustained by reason Ordinance No. Page 11 of neglect or incompetency on the part of such contractor, his/her agents or employees in the performance of the work done under a license or permit issued upon the filing of said Certificate. (b) Said Certificate of Insurance shall be issued_ by the 31st day of December of each year, and shall be refiled on or before said date for each subsequent year and shall be in continuous full force and effect. That it is the intent and purpose of said Certificate of Insurance to also bind the individual, company, firm, association or partnership, whether it be trade name, corporation, or other business association or arrangement with which the principal is associated. Expiration and renewal of license; display; transfer. (a) All licenses issued under this ordinance shall expire on December 31 of each year and may be renewed by the holder upon application and payment of the required fee, and certificate of insurance where applicable, at any time within the 30-day period prior to December 31. Any license not renewed prior to December 31 shall expire 30 calendar days thereafter and shall not be renewed without examination, except on the recommenda- tion of the Board of Electrical Examiners and Appeals. If the Board approves the renewal of the license without re-examination, the license shall be renewed after payment of a double fee. (b) Code update certificate- Renewal of_a Waterloo Master Electrician license and a Journeyman Electrician license shall require each applicant to attend and complete an approved eight-hour National Electrical Code (N.E.C. ) update class within twelve months of January lst of the date on the latest N. E.C. book. A certificate of completion must be submitted to the Electrical Inspection Office before licenses will be renewed. (c) - The validity and right of renewal shall be dependent upon strict compliance by the licensee with all city ordinances, and upon the payment of all fines and penalties which are required as a consequence of violations of city ordinances . (d) Every holder of a Waterloo electrical contractor' s li cense shall keep his/her license displayed in a Ordinance No. Page 12 conspicuous place in his/her places of business at all times . (e) Licenses are not transferable, nor shall they be loaned or rented. Sec. 9-3-8 . Penalty, abatement of violations. (a) Any perm violating any provision of this ordinance shall be deemed guilty of a municipal infraction and, upon conviction thereof, shall be punished accordingly. (b) If any electrical work, including construction or repair, is performed within the city contrary to the provisions of this ordinance, it shall be deemed a municipal infraction and, in addition to penalties described, shall be abated in accordance with this ordinance. (c) The doing of any act prohibited or declared to be unlawful, an offense or a municipal infraction by this ordinance or the National Electrical Code, or the omission or failure to perform any act or duty required by this ordinance or the National Electrical Code, is, unless another penalty is specified, punishable as provided in sections 1-15 through 1-17 of the Waterloo code. Sec. 9-3-9 . Applicability of ordinance to existing buildings . (a) If any existing building is damaged due to fire, natural disaster or otherwise, the areas that are damaged shall be brought up to current city and national codes. If other areas of the building are altered or repaired due to damages that occurred, these areas must also be brought up to the current codes. (b) If the type of occupancy of an existing building is partially or entirely changed, the electrical wiring shall be made to conform to the requirements of the current city and national codes for the new type of occupancy. Sec. 9-3-10 . Moved buildings . (a) Residential moved buildings shall be brought into compliance with the electrical requirements of new residential-type buildings . Ordinance No. Page 13 Exception: Parts of an electrical system which were not damaged and had been installed in compliance with the electrical code which was in effect at the time of installation may be retained in said electrical systems. (b) Electrical systems in any other moved buildings shall be brought into compliance with the provisions of this Code the same as for new construction. (c) The permanent service connection shall not be made by the power company until the electrical system is completely installed, and is approved by the inspector. (d) The existing service on the moved building shall not be connected to the electrical power source unless specifically approved by an inspector. Sec. 9-3=11. Disclaimer. This ordinance shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons or property caused by any defect therein, nor shall the city be held as assuming such liability by reason of the inspection or reinspection authorized in this ordinance or the certificates of approval issued as provided in this ordinance, or by reason of the approval or disapproval of any equipment authorized in this ordinance. Sec. 9-3-12. Liability of electrical inspector. The electrical inspector, acting in good faith and without malice in the discharge of his/her duties, shall not thereby render himself/herself liable personally, and he/she hereby is relieved from all personal liability for any damage that may accrue to person or property as a result of any act required or by reason of any act of omission in the discharge of his/her duties. Any suit brought against the city because of such act or omission performed by him/her in the enforcement of any provisions of this ordinance shall be defended by the city. Sec. 9-3-13. Reserved. Sec. 9-3-14 . Unlawful connections. It shall be unlawful for any person to make connection from a supply of electricity to any electric equipment that has been installed or which has been disconnected or ordered to be Ordinance No_ Page 14 disconnected by the electrical inspector, until inspected and approved by the electrical inspector, Sec. 9-3-15. Inspection of wiring required prior to installation of meter. It shall be unlawful for any person to set a meter for electric purposes to any building or premises, wiring of which has not been inspected and approved by the electrical inspector. A violation of this section will cause the electrical inspector to give written notice and immediately cause the removal of such conditions and the discontinuance of such current. Sec. 9-3-16. Alteration of identification or rating markings. It shall be unlawful to cover, remove, alter, change or deface the maker' s name or identification mark or any of the rating markings on electrical equipment. Sec. 9-3-52 . Conflict of interest. It shall be unlawful for the electrical inspector or assistant electrical inspectors to engage in the business of the sales, installation or maintenance of electrical equipment, either directly or indirectly, and they shall have no financial interest in any concern engaged in such business in the city of Waterloo, at any time, while holding said offices . The City Council of the City of Waterloo now hereby establishes licensing fees for electrical licenses as follows: ELECTRICAL LICENSE FEES FOR CITY OF WATERLOO Electrical Contractor License . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150 . 00 The City Council of the City of Waterloo now hereby establishes permit fees for electrical permits as follows: Ordinance No. Page 15 SCHEDULE OF ELECTRICAL INSPECTION FEES CITY OF WATERLOO FEES BASEFEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $. 10.00 ROUGH WIRING - OPENINGS: 1 to 14, inclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10. 00 15 to 30, inclusive, additional . . . . . . . . . . . . . . . . . . . . . . $ 7 . 00 Over 30, per additional opening . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 .20 LIGHTING FIXTURES - INCANDESCENT/FLUORESCENT/PORCELAIN BASES: 1 to 14, inclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10. 00 15 to 30, inclusive, additional . . . . . . . . . . . . . . . . . . . . . . $ 7 . 00 Over 30, per additional fixture . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 . 20 ELECTRICAL SERVICES - TEMPORARY/PERMANENT: Up to 100-ampere capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15. 00 To 225-ampere capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20. 00 Over 225-ampere capacity . . . . . . . . . . . . . . . . . . . . . . . . . $ 30. 00 Replacement services, additional . . . . . . . . . . . . . . . . . . $ 10. 00 Subpanels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7 . 00 MOTORS, PER UNIT: 0 to 10 hp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8 . 00 10 to 25 hp . . . $ 10 . 00 Over 25 hp, additional, per hp . . . . . . . . . . . . . . . . . . . . . . . $ 0 . 50 Residential fan units, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4 . 00 DISHWASHERS, DISPOSALS, ELECTRIC DRYERS, SUMP PUMPS, DOOR OPENERS, WATER HEATERS, COOKING EQUIPMENT: Each unit . . .. . $ 5. 00 Other units requiring an inspection . . . . . . . . . . . . . . . . . . . . . . $ 5. 00 HEATING AND COOLING UNITS: Each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8 . 00 Cooling unit and air handling units . . . . . . . . . . . . . . . $ 12. 00 PTACUnit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 00 ELECTRIC HEATERS, WALL HEATERS, BASEBOARD UNITS: First unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5. 00 Each additional unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3. 00 ILLUMINATED SIGNS AND OUTLINE LIGHTING: Per sign $ 10 . 00 Outline lighting, first circuit . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 Ordinance No. Page 16 Each additional circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4 . 00 NEON AND ALL SIGNS USING SECONDARY VOLTAGE OF 600 VOLTS AND MORE: Firsttransformer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 Each additional transformer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5 . 00 GENERATORS, X-RAY EQUIPMENT TRANSFORMER, CONVERTERS, PROJECTION EQUIPMENT AND WELDERS AND SPECIALIZED UNITS : Perunit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 RE-INSPECTION EEE DUE TO WRONG ADDRESS, NO ADDRESS POSTED, INCOMPLETE WORK, INSUFFICIENT INFORMATION, UNABLE TO ENTER OR FOR CORRECTIONS, EACH TRIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50 . 00 WORK WITHOUT A PERMIT . . . . . . . . . . . . . . . double the permit fee or an additional $50 . 00 added to the permit fee which ever is greater BOARDS AND COMMISSIONS February 27,_2012 4:55 p.m. Council Chambers Roll Call: Members: Chairperson David Jones Steve Schmitt Carolyn Cole Approval of Agenda, as proposed. 1. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re- - Appointment Tom Langlas Cultural & Arts Commission December 31,2013 Re-Appointment ADJOURNMENT Suzy Schares City Clerk 1 FINANCE COMMITTEE February 27, 2012 5:00 P.M. Council Chambers Roll Call: Members: ChairMson Carolyn Cole Steve Schmitt Quentin Hart Approval of Agenda, as proposed. Approval of Minutes of February 20,2012. NEW BUSINESS Travel Requests Name& Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed 1. Officer Lindaman; Officer 2012 WMD Task Force Des Moines, April 3-4, $415.00 Bram; Officer Rulapaugh Specialty Team Iowa 2012 Training 2. Officer Pohl ICAC Forensic of New Berlin, March $708.00 Internet Related Wisconsin 25-28, Evidence 2012 3. Officer Walter; Officer 2012 Governor's Sioux City, April 9- $632.00 Sullivan; Officer Wilson; Traffic Safety Iowa 11,2012 Officer Moore Conference 4. Larry Crain,Engineering Tech IDOT Aggregate II Mason City, March 6, $390.00 Certification Course Iowa 2012 5. Sergeant Richter; Officer Suarez International Searsboro, April 21- $1,220.00 Girsch Point Shooting Iowa 22,2012 Progressions Course 6. Approval of request to accept contract with ATC and Associates to prepare Phase I Environmental Assessments on property located at 320 West 2"d Street (Iowa Community Credit Union) at a flat rate of $1,950.00; and if necessary an additional amount of $1,950.00 for Phase II Environmental Assessments—Submitted by Noel Anderson, Community Planning&Development Director. 7. Approval of request to accept contract with Howard R. Green to prepare Phase I Environmental Assessments on property located at 218 West Mullan Avenue (formerly Hapa Chef) at an hourly rate in an amount not to exceed $3,200.00; and if necessary an additional amount not to exceed $4,500.00 for Phase II Environmental Assessments— Submitted by Noel Anderson, Community Planning&Development Director. 8. Pre Authorizations to Expend over $1,000.00 Dept. Amount+Est. Expenditure SIH Building/Maintenance $17,984.66 Purchase of tables and mobile buffets for Five Sullivan Brothers Convention Center Building/Maintenance $26,412.00 To make repairs to elevator at Center for the Arts to bring into compliance with State regulations Central Garage $2,621.16 Motor grader tires Community $2,000.00 Lead grant advertising on billboards -Development Engineering $13,555.20 + Autocad Infrastructure Design Suite software $50.00 Engineering $2,166.00 Ten (10) Smart Lasers with cases Leisure Services $25,000.00 Dugout and bleacher pads, sidewalks for Riverfront Sports Park East& West Exchange diamonds Leisure Services $12,275.50 One 2012 John Deere 1565 mower Police $1,876.70 + Pelco camera and microphone system for interview $25.00 room Police $2,409.06 Three Dell laptop computers for LEIN Region 2 Information Sharing office Waste Management $1,620.00 Sewer cleaning hose Services BILLS PAYMENT ADJOURNMENT Suzy Schares City Clerk FINANCE COMMITTEE February 20,2012 5:00 p.m. Council Chambers Members present: Cole,Schmitt,Hart. Moved by Hart,seconded by Schmitt that the Agenda,as amended adding a travel request from the Engineers,be approved. Ayes: Three. Motion carried. Moved by Hart, seconded by Schmitt that the Minutes of February 13, 2012, as proposed, be approved. Ayes: Three. Motion carried. Moved by Hart, seconded by Schmitt that the request for the following travel requests, be approved. Travel Requests Name&Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Captain Pillack;Lieutenant FBI-National Academy Spring Cedar Rapids, April 24- $326.00 Payne Training Conference Iowa 26,2012 Mark Rice,Public Works APWA-EVT Training for Waterloo, February $175.00 Director Fleets Iowa 23,2012 Eric Thorson,City 2012 American Public Works West Des April 4-6, $442.00 Engineer Association/ISOSWO Joint Moines,Iowa 2012 Spring Conference Steve Jordan,Fire Marshal Arson Investigation Ames,Iowa March 5-9, $1,182.20 2012& March 12- 16,2012 Pat Treloar,Chief of Fire Final inspection of new fire Marion, February $445.00 Services;Darryl Hartema, truck Wisconsin 20-27, Mechanic;Carl Reninger, 2012 Lieutenant Mike Bown,Air Service Air Service meetings,Airport Waterloo, Various $800.00 Consultant with Trillion Board meetings,meet with Iowa from date from Aviation Mayor&other city officials Elkader,Iowa October 1, 2011 to September 30,2012 Wayne Castle,Associate Society of Land Surveyors of Ames,Iowa March 8-9, $340.00 Engineer Iowa 75th Annual Conference 2012 Ayes: Three. Motion carried. Moved by Schmitt, seconded by Hart that the request for the following pre-authorizations to expend over$1,000.00,be approved. Pre-Authorizations to Expend over$1,000.00 Dept. Amount+Est.S/H Expenditure Airport $3,000.00 Service&maintain 2 ARFF trucks $uilding Maintenance $2,950.85 Work on Five Sullivan Brothers exhaust hoods that required by State Fire Code Leisure Services $1,119.60 Baseballs for the Optimist Baseball program "Leisure Services $1,108.90 Baseball and Softball socks Finance Cvaunittee teary 20,2012 _.... Page 2 ` Leisure Services $8,305.00 Major League Replica jerseys for participants in Optimist Baseball and Softball offered for grades 2-8 �Ieisure Services $6,920.50 Major League replica hats and visors Waste Management $20,430.69+ Pump repair at satellite wetwell Services $300.00 Ayes: Three. Motion carried. Moved by Cole, seconded by Hart that Bills Payment, as contained in Schedule AP642, dated February 2(}, 2012, pp. 1-69, in the amount of$753,810.99, be received, placed on file and approved and forwarded to the full council for approval. Ayes: Three. Motion carried. Mr. Schmitt abstained from the bills payment to Schmitt Telecom. With no further business before the committee, it was moved by Hart, seconded by Schmitt that the meeting be adjourned at 5:07 p.m. Ayes: Three. Motion carried. Suzy Schares City Clerk FaaGc a&T- TAFE qN16Y_ 014.41-11'60--1346 TRAVEL FXQUEST LINE ITEM USED 11GPT TkNG MY OF WATERLOO FY_2012_BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE ,7;7� NAWS)AND POSITION(S): DATE: Officer Dustin Lindaman, Officer Shawn Bram, & Officer February 15, 2012 Darin Rulapaugh NAME OF CLASS I MEETING: DESTINATION: Des Moines, Iowa 2012 WMD Task Force Specialty Team Training DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: April 3, 2012 April 4, 2012 April 3-4, 2012 PURPOSE OF TRAVEL: Lt Cirksena is requesting authorization to send Officer's Darin Rulapaugh, Dustin Lindaman, & Shawn Bram to the 2012 Iowa WMD Task Force Specialty Teams Training on April 3-4, 2012, in Des Moines, IA.. The Waterloo Police Department Bomb Squad is a member of the lova EOD Specialty Task Force. This joint training session is for all Iowa EOD teams to assess the capabilities of a combined response. This training is paid by a grant through HLSEM and the Des Moines Police Department. The cost of the training will be reimbursed by the grant upon competition.A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: - x COST$ YES NO METHOD OF TRAVEL: XX CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $250.00 LODGING TAXI x GRANT REIMBURSABLE $90.00 MEALS PARKING YES NO $0.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $35.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 415.00 TOTAL: $ 139.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO 4 DEPARTMENT HEAD MAYOR DATE DATE FINANCE bEPT. STAFF ONLY- LINE REQUEST [.INE ITEM USED 1346 11PR0 ICAC, FY 2012_ BUDGETED %u 0l'L CITY OF WATERLOO EXPENDED YTD X,/ THIS REQUEST �I G�3 LEFT AFTER THIS 7.E, REQUEST DATE - Original-Clerk/Finance Eopy-Department NAME(S) AND POSITION(S): DATE: Officer Jeremy Pohl February 13,2012 NAME OF CLASS I MEETING: DESTINATION: New Berlin, W1. ICAC Forensic of Internet Related Evidence DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: March 25,2012 March 28,2012 March 26-28,2 012 PURPOSE OF TRAVEL: Sgt. Rogers is requesting to send Officer Jeremy Pohl to an ICAC Forensic of the Internet Related Evidence course in New Berlin, Wl., March 25-28, 2012. This training will teach Officer Pohl to analyze and identify artifacts left on a computer from most commonly utilized Internet applicators and browsers. Iowa ICAC will reimburse the city of Waterloo for all listed expenses except fuel. A city vehicle will be required to drive to the training location. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: 010-11-1160-1346 ESTIMATE OF COST: BUDGET LINE ITEM: 11PRO ICAC $450.00 LODGING TAXI XX xx GRANT REIMBURSABLE $158.00 MEALS PARKING YES NO $0.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $100.00 MILEAGE/FUEL MISCITOLLS YES NO TOTAL FOR ALL: $ 708.00 TOTAL: $ 708.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR - DATE DATE RWANW DEW. STAFF ONLY LT-NE!ITE/vt USED 010-i 1 1150-1125 TRAVEL REQUEST FY_2012,BUDGETED 1 !��().00 CITY OF WATERLOO EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original-Clerk/Knance '6 ' opy- epartment NAME(S) AND POSITION(S): DATE: Officer's Brad Walter, Tom Sullivan, Troy Wilson, and Marc February 15,2012 Moore NAME OF CLASS/ MEETING: DESTINATION: Sioux City, Iowa 2012 Governor's Traffic Safety Conference DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: =DATE(S) MEETING: April 9, 2012 April 11, 2012 1,2012 PURPOSE OF TRAVEL: Capt. Leibold requesting authorization to send Officer's Walter, Wilson, T. Sullivan, and Moore to the GTSB Conference on April 10-11, 2012, in Sioux City, Iowa. This annual conference will bring together local, state, federal, and private sector professionals to discuss the important issues of traffic safety. The training will discuss goals on how to improve safety on our nations highways. The cost of training will be paid out of the GTSB Grant. The lodging is paid through a stipend and directly billed to the Conference. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: X)C CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $0.00 LODGING TAXI X GRANT REIMBURSABLE $332.00 MEALS PARKING YES NO $200.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $100.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 632.00 TOTAL: $ 158.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR DATE DATE FIt4ANCE DEPT_ STAFF ONLY LINE ITEM USEDGFS G't TRAVEL REQUEST FY'04 BUDGETED /tZoi i: CITY OF WATERLOO EXPENDED YTD 7u�5 THIS REQUEST LEFT AFTER THIS REQUEST 75 DATE Original-Clerk/Finance Copy Department NAME(S)AND POSITION(S): DATE: Larry Crain February 17, 2012 Engineering Tech NAME OF CLASS/MEETING: DESTINATION: Mason City, IA IDOT Aggregate // Certification Course DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: March 6, 2012 March 6, 2012 March 6, 2012 PURPOSE OF TRAVELITRAINING: To obtain 1DOT Aggregate /I Certification WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE X PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 2-a7-07-7830-1346 LODGING TAXI X GRANT REIMBURSABLE $40.00 MEALS PARKING YES NO $350.00 REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 390.00 TOTAL: $ 390.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Q z DEPARTMENT HEAD MAYOR Fobfuary 17, 2012 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 ` A` { \q, FINANCE DEPT. STAFF 4 ONLY LINE zTEM USED 010-11-I I OU-134-6 TRAVEL .T FY_2012_BUDGETED ��"���O61,U46) OF WATERLOO ExPENDED YTD THIS REQUEST LEFT AFTER THI5 REQUEST DATE 7�%a1 Liu l3- Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S). _ DATE: Sergeant Kye Richter& Officer Michael Girsch February 22, 2012 NAME OF CLASS/MEETING: DESTINATION: Searsboro, Iowa Suarez International Point Shooting Progressions Course DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: =April te: DATE(S) OF MEETING: April 21,2012012 April 21-22,2012 PURPOSE OF TRAVEL: __ Lt Frana is requesting authorization to send Sergeant Kye Richter and Officer Michael Girsch to the Suarez International Point Shooting Progressions Course in Searsboro, Iowa. This 2-day course focuses on reactive gun fighting, sighted and unsighted shooting that officers find themselves in when they are in close gun battles. Sgt Richter and Officer Girsch are firearms instructors who would gain knowledge from this type of course which will provide new and improved training for the rest of the Waterloo Police Department. The cost of registration is 450.00 per officer and would require one night of lodging and meals.A city vehicle will be needed for travel to the training facility. This training was approved on 2/13/2012 but has to be amended as the registration has now been increased by$50.00 per officer. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: xX CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $ 125.00 LODGING TAXI x GRANT REIMBURSABLE $120.00 MEALS PARKING YES NO $900.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $75.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 1220.00 TOTAL: $ 610.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO ®EPAR3T-MENT HEAD MAYOR SATE DATE CITY WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street a Waterloo,Iowa 50703-5783 0 (319)291-4366 Fax(319)291-4262 0 NOEL C.ANDERSON,Community Planning&-Development Director Finance Communication _.. Finance Committee Meeting: February 27, 2012 Mayor Prepared: February 22, 2012 BUCK Dept. Head Signature: CLARK # of Attachments: COUNCIL SUBJECT: Contract with ATC and Associates to prepare Phase 1 and II MEMBERS... nvironmental Assessments on 320 W 2nd Street; Iowa Community Credit Union. DAVID Submitted by: Noel Anderson, Community Planning&Development Director JONES Ward I Recommended Finance Committee Action: That the Finance Committee approve CAROLYN the Contract with ATC to conduct Phase I and II environmental assessments at COLE 320 W 2nd Street for$1,950 for each. Ward 2 HAROLD Summary Statement As apart of purchasing property it is required to conduct a GETWard3 Phase I Environmental study of the property prior to closing. Phase II is only Ward 3 necessary if Phase I reveals a cause for concern such as there was a gas station or dry QUENTIN cleaners at the site prior to it be a bank. At this point we are only expecting to do HART Phase I at a cost.of$1,950 and an additional$1,950 for Phase 11 if necessary. Ward 4 RON Expenditure Required: Flat rate of$1,950 for Phase I and if necessary an additional WELPER $1,950 for a potential total of$3,900 Ward 5 BOB Source of Funds:TIF and G.O.Bonds GREENWOOD At-fie Policy Issue: Cedar Valley Sports Plex construction STEVE SCHIv= Alter iative:N/A At-Large Background Information:N/A CC:Aric Schreoder,City Planner Noel Anderson Community Planning and Development Director CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY g IOWA �'- G : W41TY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,Iowa 50703-5783 . (319)291-4366 Fax(319)291-4262 NOEL C.ANDERSON,Community Planning&Development Director _ Finance Communication Finance Committee Meeting: February 27, 2012 Mayor Preparvdt Februgg 22, 2012 BUCK Dept. Head Signa ; CLARK #of Attachments- 10 COUNCIL SUBJECT: Contract with HRG and Associates to prepare Phase 1 and II MEMBERS „ Environmental Assessments on 218 W. Mullan Avenue; former Happy Chef. DAVID Submitted by: Noel Anderson, Community Planning&Development Director JONES Ward I Recommended Finance Committee Action: That the Finance Committee approve CAROLYN the Contract with HRG to conduct Phase I and II environmental assessments at COLE218 W. Mullan Avenue at an hourly rate not to exceed for $3,200.00 for Phase I and if needed an hourly rate not to exceed amount of$4,500 for Phase II. HAROLD GETTY SummaryS P P tatement- As art of urchasin Ward 3 g property it is required to conduct a Phase I Environmental study of the property prior to closing. Phase II is only QUENTIN necessary if Phase I reveals a cause for concern such as there was a gas station or dry HWAdR4 cleaners at the site prior to it be a bank. At this point we are only expecting to do Phase I at a cost not to exceed $3,200 and an additional hourly rate not to exceed RON $4,500 for Phase II if necessary. WELTER Wards Expenditure Required: Hourly rate not to exceed $3,200 for Phase I and if necessary an BOB additional amount of$4,500 for a potential total of$7,700. GREENWOOD At-Large Source of Funds:TIF and G.O.Bonds STEVE SCHMITT Policy Issue: Cedar Valley Sports Plex Construction At-Large Alternative: N/A Background Information: N/A CC: Aric Schreoder,City Planner Noel.Anderson-Community Planning and Development Director CITY WEBSITE: wwwci.waterloo.ia.us 'RE WORKING FOR YOU! R�qua[Opportunit nnative Action_Employer HRGreen PROFESSIONAL SERVICES AGREEMENT For Former Happy Chef—218 West Mullan,Waterloo, Iowa Phase I & II Environmental Site Assessment Mr. Noel Anderson City of Waterloo 715 Mulberry Street Waterloo lA 50703 Phone: 319-291-4366 Robin Husman, Project Director HR Green 8710 Earhart Lane SW Cedar Rapids, IA 52404 HR Green Project Number: 10110105,E February 6, 2012 TABLE OF CONTENTS 9.0 PROJECT UNDERSTANDING 2.0 SCOPE OF SERVICES 3.0 DELIVERABLES AND SCHEDULES INCLUDED IN THIS AGREEMENT 4.0 ITEMS NOT INCLUDED IN AGREEMENTISUPPLEMENTAL SERVICES 5.0 SERVICES BY OTHERS 6.0 CLIENT RESPONSIBILITIES 7.0 PROFESSIONAL SERVICES FEE 8.0 TERMS AND CONDITIONS Professional Sefvim_Agieement ;� Phase I u Phase II-248 We 1V6lfan February 6,2012 Page 1.of 8 THIS AGREEMENT is between the City of Waterloo (hereafter "CLIENT") and HR GREEN, INC. (hereafter"COMPANY"). . 1.o Project Understanding 1.1 General Understanding The City of Waterloo is working to redevelop 218 West Mullan,Waterloo, Iowa. 1.2 Design Criteria/Assumptions HR Green assumes that the CLIENT will have legal access to enter the property under the Real Estate Sales Contract between the CLIENT and property owner at 218 West Mullan, Waterloo, Iowa. z.o Scope of Services The CLIENT agrees to employ COMPANY to perform the following services: Task 1 - Complete a Phase I Environmental Site Assessment (ESA) in accordance with ASTM Standard E1527-05 on the Happy Chef property located at 218 West Mullan, Waterloo, Iowa. Deliverables and Schedules Included in this Contract Task 2-=-As needed, conduct a Phase 11 ESA that includes 2 to 3 soil borings for testing of soil and/or groundwater contamination. Once this AGREEMENT is authorized, the COMPANY can proceed with the Phase I ESA upon notification by the CLIENT that site access is available. From notification, the Phase I ESA report will be completed within 15 working days. Phase 11 ESA activities will be completed in approximately 30 days following authorization. This schedule was prepared to include reasonable allowances for review and approval times required by the CLIENT and public authorities having jurisdiction over the project. This schedule shall be equitably adjusted as the project progresses, allowing for changes in the scope of the project requested by the CLIENT or for delays or other causes beyond the control of COMPANY. , 3.0 Items not included in Agreement/Supplemental Services The following items are not included as part of this agreement: This AGREEMENT does not include multiple revisions of our Phase I ESA report following CLIENT review, the preparation of a historical site inventory, or an asbestos survey. Supplemental services not included in the agreement can be provided by COMPANY finder separate agreement, if desired. Professional Services Agreement Phase t&Phase 11-218 West Mullan February 6,2012 Page 2 of 8 4.0 Services by Others The COMPANY utilizes companies which specialize in regulator and historical data searches. The COMPANY will use Iowa certified drilling and laboratory contractors for Phase 11 activities. s,a Client Responsibilities CLIENT will provide-documentation of legal site access to the subject property which allows the COMPANY to enter the property of the purpose of conductive project activities. 6.0 PrOfessienal Services Fee 6.1 Fees The fee for services will be based on COMPANY standard hourly rates current at the time the agreement is signed. These standard hourly rates are subject to change upon 30 days' written notice. Non salary expenses directly attributable to the project such as: (1) living and traveling expenses of employees when away from the home office on business connected with the project; (2) identifiable communication expenses; (3) identifiable reproduction costs applicable to the Work; and (4) outside services will be charged in accordance with the rates current at the time the work is done. 6.2 Invoices Invoices for COMPANY's services shall be submitted, on a monthly basis. Invoices shall be due and payable upon receipt. If any invoice is not paid within 15 days, COMPANY . may, without waiving any claim or right against the CLIENT, and without liability whatsoever:to the CLIENT, suspend or terminate the performance of services. The retainer shall be credited on the final invoice. Accounts unpaid 30 days after the invoice date may be subject to a monthly service charge of 1.5% (or the maximum legal rate) on the unpaid balance. In the event any portion of an account remains unpaid 60 days after the billing, COMPANY may institute collection action and the CLIENT shall pay all costs of collection, including reasonable attorney's fees. 6.3 Extra Work Any work required but not included as part of this contract shall be considered extra work. Extra work will be billed on a Time and Material basis with prior approval of the CLIENT. 6.4 Exclusion This fee does not include attendance at any meetings or public hearings other than those specifically listed in the Scope of Services. These work items are considered extra and are billed separately on an hourly basis. 6.5 Payment The CLIENT AGREES to pay COMPANY on the following basis: Hourly rates with a maximum not-to-exceed sum in the amount of $3.200.00 for Phase I and $4,500 for Phase II Professional Services Agreement Phase I&Phase 11-21 a West Mullan February 6,2012 Page 3 of 8 7.0 Terms and Conditions The following Terms and Conditions are incorporated into this AGREEMENT and made a part of it. 7.1 Standard of Care Services provided by COMPANY under this AGREEMENT will be performed in a manner consistent with that degree of care and skill ordinarily exercised by members of the same profession currently practicing at the same time and In the same or similar locality. 7.2 Entire Agreement This Agreement, and its attachments,constitutes the entire understanding between CLIENT and COMPANY relating to professional engineering services. Any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein are of no effect. Subsequent modifications or amendments to this Agreement shall be in writing and signed by the parties to this Agreement. If the CLIENT, its officers, agents, or employees request COMPANY to perform extra work or services pursuant to this Agreement, CLIENT will pay for the additional services even though an additional written Agreement is not issued or signed. 7.3 Time Limit and Commencement of Work This AGREEMENT must be executed within ninety(90)days to be accepted under the terms set forth herein. The work will be commenced immediately upon receipt of this signed Agreement. 7.4 Suspension of Services If the Project or the COMPANY S services are suspended by the CLIENT for more than thirty (30)calendar days,consecutive or in the aggregate,over the term of this Agreement,the COMPANY shall be compensated for all services performed and reimbursable expenses incurred prior to the receipt of notice of suspension. In addition, upon resumption of services,the CLIENT shall compensate the COMPANY for expenses incurred as a result of the suspension and resumption of its services, and the COMPANY'S schedule and fees for the remainder of the Project shall be equitably adjusted. If the COMPANY'S services are suspended for more than ninety(90)days,consecutive or in the aggregate, the COMPANY may terminate this Agreement upon giving not less than five(5)calendar days'written notice to the CLIENT. If the CLIENT is in breach of this Agreement,the COMPANY may suspend performance of services upon five (5) calendar days' notice to the CLIENT. The COMPANY shall have no liability to the CLIENT, and the CLIENT agrees to make no claim for any delay or damage as a result of such suspension caused by any breach of this Agreement by the CLIENT.Upon receipt of payment in full of all outstanding sums due from the CLIENT, or curing of such other breach which caused the COMPANY to suspend services, the COMPANY shall resume services and there shall be an equitable adjustment to the remaining project schedule and fees as a result of the suspension. 7.5 Book of Account COMPANY will maintain books and accounts of payroll costs, travel, subsistence, field, and incidental expenses for a period of five(5)years. Said books and accounts will be available at all reasonable times for examination by CLIENT at the corporate office of COMPANY during that time. 7.6 Insurance COMPANY will maintain insurance for claims under the Worker's Compensation Laws, and from General Liability and Automobile claims for bodily injury, death, or property damage arising from the negligent performance by COMPANY's employees of the functions and services required under this Agreement. 7.7 TerminationorAbandonment Either party has the option to terminate this Agreement. In the event of failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party, then the obligation to provide further services under this Agreement may be terminated upon seven days written notice. If any portion of the work is terminated or abandoned by CLIENT, the provisions of this Schedule of Fees and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the work not terminated or abandoned. If said termination occurs prior to completion of any phase of the project,the fee for services petformed during such phase shall be based on COMPANYs reasonable estimate of the portion of such Professional Services Agreement Phase I&Phase 11-218 West Mullan February 6,2012 Page 4 of 8 phase completed prior to said termination,plus a reasonable amount to reimburse COMPANY for termination costs. 7.8 Waiver COMPANY's waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term,condition,or covenant,or the breach thereof. 7.9 Severability If any provision of this Agreement Is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect,and no provision shall be deemed dependent upon any other provision unless so expressed herein. 7.10 Successors and Assigns All of the terms,conditions,and provisions hereof shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns, •provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 7.11 Third-Party Beneficiaries Nothing contained in this Agreement shall create a contractual relationship with or a cause of action in favor of a third party against either the CLIENT or the COMPANY. The COMPANY's services under this Agreement are being performed solely for the CLIENT s benefit,and no other party or entity shall have any claim against the COMPANY because of this Agreement or the performance or nonperformance of services hereunder. The CLIENT and COMPANY agree to require a similar provision in all contracts with contractors, subcontractors,subconsultants,vendors and other entities involved in this project to carry out the intent of this provision. 7.12 Governing Law and Jurisdiction The CLIENT and the COMPANY agree that this Agreement and any legal actions concerning its validity, interpretation and performance shall be governed by the laws of the State of Iowa without regard to any conflict of laws provisions,which may apply the laws of other jurisdictions. It is further agreed that any legal action between the CLIENT and the COMPANY arising out of this Agreement or the performance of the services shall be brought in a court of competent jurisdiction in the State of Iowa. 7.13 Dispute Resolution Mediation. in an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the CLIENT and COMPANY agree that all disputes between them arising out of or relating to this Agreement shall be submitted to non-binding mediation unless the parties mutually agree otherwise.The CLIENT and COMPANY further agree to include a similar mediation provision in ail agreements with independent contractors and consultants retained for the project and to require all Independent contractors and consultants also to include a similar Mediation provision in all agreements with subcontractors, sub-consultants, suppliers or fabricators so retained, thereby providing for mediation as the primary method for dispute resolution between the parties to those agreements. Arbitration. In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of the services under this Agreement, Involving an amount of less than$50,000, in Mediation,then such disputes shall be settled by binding arbitration by an arbitrator to be mutually agreed upon by the parties,and shall proceed in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. If the parties cannot agree on a single arbitrator, then the arbitrator(s)shall be selected in accordance with the above-referenced rules. 7.14 Attorney's Fees If litigation arises for purposes of collecting fees or expenses due under this Agreement, the Court in such litigation shall award reasonable costs and expenses, including attorney fees, to the party justly entitled thereto. In awarding attorney fees, the Court shall not be bound by any Court fee schedule, but shall, in the interest of justice,award the full amount of costs,expenses,and attorney fees paid or incurred in good faith. Professional Services Agreement Phase I&Phase Il-218 West Mullan February 6,2012 Page 5 of 8 7.15 Ownership of Instruments of Service AD reports, plans, specifications,field data, field notes,laboratory test data,calculations, estimates and other documents Including all documents on electronic media prepared by COMPANY as Instruments of service shall remain the property of COMPANY. COMPANY shall retain these records for a period of five(5)years following completionlsubmission of the records,during which period they will be made available to the CLIENT at all rezaonable times. 7.16 Reuse of Documents All project documents including,but not limited to,plans and specifications furnished by COMPANY under this project are intended for use on this project only. Any reuse,without specific written verification or adoption by COMPANY, shall be at the CLIENT's sole risk, and CLIENT shall defend, indemnify and hold harmless COMPANY from all claims, damages and expenses including attorney's fees arising out of or resulting therefrom. Under no circumstances shall delivery of electronic files for use by the CLIENT be deemed a sale by the COMPANY,and the COMPANY makes no warranties, either express or implied,of merchantability and fitness for any particular purpose.In no event shall the COMPANY be liable for indirect or consequential damages as a result of the CLIENT's use or reuse of the electronic files. 7.17 Failure to Abide by Design Documents or To Obtain Guidance The CLIENT agrees that it would be unfair to hold COMPANY liable for problems that might occur should COMPANY'S plans, specifications or design Intents not be followed, or for problems resulting from others' failure to obtain andlor follow COMPANY'S guidance with respect to any errors, omissions, inconsistencies, ambiguities or conflicts which are detected or alleged to exist in or as a consequence of implementing COMPANY'S plans, specifications or other instruments of service. Accordingly,the CLIENT waives any claim against COMPANY, and agrees to defend, indemnify and hold COMPANY harmless from any claim for injury or losses that results from failure to follow COMPANY'S plans,specifications or design Intent,or for failure to obtain andlor follow COMPANY'S guidance with respect to any alleged errors, omissions, inconsistencies, ambiguities or conflicts contained within or arising as a result of implementing COMPANY S plans, specifications or other instruments of services. The CLIENT also agrees to compensate COMPANY for any time spent and expenses incurred remedying CLIENT's failures according to COMPANY'S prevailing fee schedule and expense reimbursement policy. 7.18 Opinion of Probable Construction Cost COMPANY shall submit to the CLIENT an opinion of probable cost required to construct work recommended, designed, or specified by COMPANY, if required by CLIENT. COMPANY is not a construction cost estimator or construction contractor, nor should COMPANY'S rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. This requires COMPANY to make a number of assumptions as to actual conditions that will be encountered on site;the specific decisions of other design professionals engaged;the means and methods of construction the contractor will employ;the cost and extent of labor,equipment and materials the contractor will employ-, contractor's techniques in determining prices and market conditions at the time, and other factors over which COMPANY has no control. Given the assumptions which must be made,COMPANY cannot guarantee the accuracy of his or her opinions of cost, and in recognition of that fact, the CLIENT waives any claim against COMPANY relative to the accuracy of COMPANY S opinion of probable construction cost. 7.19 Design Information in Electronic Form Because electronic file lnfonmmat#on can be easily altered, corrupted, or modified by other parties, either intentionally or inadvertently,without notice or indication,COMPANY reserves the right to remove itself from of its ownership andlor involvement in the material from each electronic medium not held in its possession. CLIENT shall retain copies of the work performed by COMPANY In electronic form only for information and use by CLIENT for the specific purpose for which COMPANY was engaged. Said material shall not be used by CLIENT or transferred to any other party, for use in other projects, additions to this project, or any other .purpose for which the material was not strictly intended by COMPANY without COMPANY's expressed written permission. Any unauthorized use or reuse or modifications of this material shall be at CLIENT'S sole risk. Furthermore,the CLIENT agrees to defend, indemnify, and hold COMPANY harmless from all claims,Injuries, damages, losses,expenses,and attomeys fees arising out of the modification or reuse of these materials. Professional Services Agreement Phase I&Phase II-218 West Mullan February 6,2012 Page 6 of 8 The CLIENT recognizes that designs,plans,and data stored on electronic media including, but not limited to computer disk,magnetic tape, or fries transferred via email, may be subject to undetectable alteration and/or uncontrollable deterioration. The CLIENT, therefore, agrees that COMPANY shall not be liable for the completeness or accuracy of any materials provided on electronic media after a 30 day inspection period, during which time COMPANY shall correct any errors detected by the CLIENT to complete the design in accordance with the intent of the contract and specifications. After 40 days, at the request of the CLIENT, COMPANY shall submit a final set of sealed drawings, and any additional services to be performed by COMPANY relative to the submitted electronic materials shall be subject to separate AGREEMENT. The CLIENT is aware that differences may exist between the electronic files delivered and the printed hard-copy construction documents. In the event of a conflict between the signed construction documents prepared by the COMPANY and electronic files,the signed or sealed hard-copy construction documents shall govern. 7.20 Information Provided by Others The CLIENT shall furnish, at the CLIENT's expense,all Information,requirements,reports,data,surveys and instructions required by this AGREEMENT. The COMPANY may use such information,requirements, reports, data, surveys and instructions in performing its services and is entitled to rely upon the accuracy and completeness thereof. The COMPANY shall not be held responsible for any errors or omissions that may arise as a result of erroneous or Incomplete Information provided•by the CLIENT and/or the CLIENT's consultants and contractors. COMPANY is not responsible for accuracy of any plans, surveys or information of any type including electronic media prepared by any other consultants, etc. provided to COMPANY for use in preparation of plans. The CLIENT agrees, to the fullest extent permitted by law, to indemnify and hold harmless the COMPANY from any damages, liabilities, or costs, including reasonable attorneys' fees and defense costs, arising out of or connected in any way with the services performed by other consultants engaged by the CLIENT. COMPANY is not responsible for accuracy of topographic surveys provided by others. A field check of a topographic survey provided by others will not be done under this contract unless indicated In the Scope of Work. 7.21 Force Majeure The CLIENT agrees that the COMPANY is not responsible for damages arising directly or indirectly from any delays for causes beyond the COMPANYs control. CLIENT agrees to defend, indemnify, and hold COMPANY,its consultants,agents,and employees harmless from any and all liability,other than that caused by the negligent acts, errors, or omissions of COMPANY, arising out of or resulting from the same. For purposes of this Agreement,such causes include, but are not limited to,strikes or other labor disputes;severe weather disruptions or other natural disasters or acts of God; fires, riots,war or other emergencies;failure of any government agency to act in timely manner; failure of performance by the CLIENT or the CLIENT'S contractors or consultants; or discovery of any hazardous substances or differing site conditions. Severe weather disruptions include but are not limited to extensive rain,high winds,snow greater than two(2)inches and ice.* in addition,if the delays resulting from any such causes increase the cost or time required by the COMPANY to perform its services in an orderly and efficient manner, the COMPANY shall be entitled to a reasonable adjustment in schedule and compensation. 7.22 Job Site Visits and Safety Neither the professional activities of COMPANY, nor the presence of COMPANY'S employees and subconsultants at a construction site, shall relieve the General Contractor and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods,sequence, techniques or procedures necessary for performing,superintendingor coordinating all portions of the work of construction in accordance with the contract documents and any health or safety precautions required by any regulatory agencies. COMPANY and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. The CLIENT agrees.that the General Contractor is solely responsible for job site safety, and warrants that this intent shall be made evident in the CLIENT's AGREEMENT with the General Contractor. The CLIENT also agrees that the CLIENT,COMPANY and COMPANY'S consultants shall be indemnified and shall be made additional insureds on the General Contractor's and all subcontractor's general liability policies on a primary and non-contributory basis. Professional Services Agreement Phase I&Phase 11-218 West Mullan February 8,2012 Page 7 of 8 7.23 Hazardous Materials CLIENT hereby understands and agrees that COMPANY has not created nor contributed to the creation or existence of any or all types of hazardous or toxic wastes,materials, chemical compounds,or substances,or any other type of environmental hazard or pollution, whether latent or patent, at CLIENT's premises, or In connection with or related to this project with respect to which COMPANY has been retained to provide professional engineering services. The compensation to be paid COMPANY for said professional engineering services is in no way commensurate with, and has not been calculated with reference to,the potential risk of injury or loss which may be caused by the exposure of persons or property to such substances or conditions. Therefore, to the fullest extent permitted by law, CLIENT agrees to defend, indemnify, and hold COMPANY, its officers, directors, employees, and consultants, harmless from and against any and all claims, damages, and expenses,whether direct;indirect,or consequential,including, but not limited to;attorney fees and Court costs, arising out of, or resulting from the discharge, escape, release, or saturation of smoke, vapors, soot, fumes, acid, alkalies, toxic chemicals, liquids gases, or any other materials, irritants, contaminants, or pollutants in or into the atmosphere,or on, onto, upon, in, or into the surface or subsurface of soil,water,or watercourses,objects,or any tangible or intangible matter,whether sudden or not. It is acknowledged by both parties that COMPANY'S scope of services does not include any services related to asbestos or hazardous or toxic materials. In the event COMPANY or any other party encounters asbestos or hazardous or toxic materials at the job site,or should it become known in any way that such materials may be present at the job site or any adjacent areas that may affect the performance of COMPANY'S services, COMPANY may, at its option and without liability for consequential or any other damages, suspend performance of services on the project until the CLIENT retains appropriate specialist consultant(s) or contractor(s)to identify, abate and/or remove the asbestos or hazardous or toxic materials,and warrants that the job site is in full compliance with applicable laws and regulations. Nothing contained within this Agreement shall be construed or interpreted as requiring COMPANY to assume the status of a generator; Storer, transporter, treater, or disposal facility as those terms appear within the Resource Conservation and Recovery Act, 42 U.S.C.A., §6301 et seq., as amended, or within any State statute governing the generation,treatment,storage,and disposal of waste. 7.24 Certificate of Merit The CLIENT shall make no claim for professional negligence, either directly or in a third party claim, against COMPANY unless the CLIENT has first provided COMPANY with a written certification executed by an independent design professional currently practicing in the same discipline as COMPANY and licensed in the State in which the claim arises. This certification shall: a) contain the name and license number of the certifier; b) specify each and every act or omission that the certifier contends is a violation of the standard of care expected of a Design Professional performing professional services under similar circumstances; and c) state In complete detail the basis for the certifier's opinion that each such act or omission constitutes such a violation. This certificate shall be provided to COMPANY not less than thirty(30) calendar days prior to the presentation of any claim or the institution of any judicial proceeding. 7.25 Limitation of Liability The CLIENT agrees,to the fullest extent permitted by law,to limit the liability of COMPANY and COMPANY's officers,directors, partners, employees,shareholders, owners and subconsultants to the CLIENT for any and all claims, losses, costs,damages of any nature whatsoever or claims expenses from any cause or causes, including attorneys' fees and costs and expert witness fees and costs, so that the total aggregate liability of COMPANY and its officers, directors, partners, employees, shareholders, owners and subconsultants to all those named shall not exceed COMPANY S total fee received for services rendered on this project or $50,000.00,whichever is less. It is intended that this limitation apply to any and all liability or cause of action however alleged or arising,unless otherwise prohibited by law. 7.26 Environmental Audits/Site Assessments Environmental Audit/Site Assessment report(s) are prepared for CLIENTs sole use. CLIENT agrees to defend, indemnify, and hold COMPANY, its consultants, agents, and employees harmless against all damages, claims, expenses, and losses arising out of or resulting from any reuse of the Environmental Audit/Site Assessment report(s)without the written authorization of COMPANY. This AGREEMENT is approved and accepted by the CLIENT and COMPANY upon both parties signing and dating the AGREEMENT. Work cannot begin until COMPANY receives a signed agreement. The effective date of the AGREEMENT shall be the last date entered below. Professional Services Agreement Phase.t&Phase II-218 West.Mullan February 6,2012 Page 8 of 8 Sincerely, HR GREEN, INC. Authorized by: Printed/Typed Name: Robin Husman Title: Project Director Date: 2/8/12 City of Waterloo Accepted by: Printed/Typed Name: Ernest Q. Clark Title: Mayor Date: City Clerk Use Only f Finance Committee Approval Date City of Waterloo Expenditure Pre-Authorization Request.Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Building Maint Department to expend $ 17,984.66 plus est.shipping costs of $ to pay for or purchase This purchase or expenditure is being made because: Purchase of tables and mobile buffets for Five Sullivan Brothers Convention Center Vendor selected for this purchase: MITY-LITE ® Bids or written quotes were taken on this purchase, as follows: Mity-Lite (See attached) Edward Don & Company Carroll Swift Company Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: ® General Fund ❑ Road Use Tax 1-1 Sewer ❑ Sanitation EIBonds EI Federal/other grants F—] Other(specify) This expenditure is to be coded to the following budget line-item- 010-22-6860-1371 (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ and the current available balance is $ Respectfully submitted, (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date K_ goodiesWorms\Expenditure Pre-Authorization.As(Mar 2010) QUOTE ACKNOWLEDGMENT` �Ll THIS IS NOT AN INVOICE T�E Quote Number: 343700 Customer Number: 206294 Page: 1 CONTACT NAME SHIP TO DENNIS LAW RAMADA INN/CONVENTION Shipping Terms SHIP VIA ORDERTYPE ORIGIN-PREPAID BEST WAY POSSIBLE Regular RECEIVED DATE SALES REP TERMS 2/22/2012 Robert Jones NET 30 QUANTITY ITEM UNIT PRICE TOTAL PRICE r 4�l RT3096BGB5000 236.38 945.52 30 IN X 8 FT BEIGE TEXTURE RECT.TABLE,29"TALL,BROWN BOTTOM&TRIM; BROWN,MOBILE BUFFET LEGS;CAS 4 RT1896BGB5000 146.39 585.56 18 IN X 8 FT BEIGE TEXTURE RECT.SHELF,BROWN BOTTOM&TRIM;BROWN, MOBILE BUFFET LEGS Ll 2) CT30BEG4031 146.39 1756.68 30 IN BEIGE TEXTURE CIRCULAR TABLE,BROWN TRIM;CHROME,ADJUSTABLE (30",36"AND 42")KNOCKDOWN UPRI , 60D CT60BGB1 213.88 12832.8 5 FT BEIGE TEXTURE CIRCULAR TABLE;29"TALL,BROWN BOTTOM&TRIM; BROWN,WISHBONE LEGS; LCRTCT42-726LK26 372.82 1864.1 CART;HOLDS 42"-72"CIRCULAR TABLE;EDGE;BLACK FRAME;NON-MARRING 6"CASTERS;WIDE The product prices and freight quotes will be honored for 30 days from date of quote. *A Finance Charge of 2%per month(ANNUAL PERCENTAGE RATE 2491.)may be charged on all overdue accounts. *Mity-Lite reserves the right to charge a 20%re-stocking fee plus freight charges on returned merchandise. *Mity-Lite also reserves the right to refuse the return of merchandise that is custom in nature. ,All sales subject to current warranty. *Customer is responsible for offloading order at delivery time unless otherwise prearranged with the sales representative. Mity-Lite,Inc. 1301 West 400 North,Orem, UT 84057 USA http:/vwvw.mitylite.com 800-327-1692 1801-224-0589 Fax 801-224-6191 City of Waterloo Expenditure Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the I Building Maint Department to expend $ 26,412.00 plus est.shipping costs of $ 0.00 to pay for or purchase This purchase or expenditure is being made because: To make repairs to elevator at Center for the Arts to bring into compliance with State regulations. We have 30 days to bring into compliance. Bids or written quotes were taken on this purchase, as follows: M Bids or quotes were not taken on this purchase because: Schumacher is the only one that can work on a Schumacher Elevator Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: EIGeneral Fund ❑ Road Use Tax EI Sewer 1-1 Sanitation ® Bonds F—I Federal/other grants F—] Other(specify) This expenditure is to be coded to the following budget line-item: 411-22-4205-2152 (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ and the current available balance is Respectfully submitted, �LCA �c.l L !�1% 2 " (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date users\shared goodies\forms\pre-auth Schumacher Elevator 2012.xls(Oct 2004) 319-406-1270 03:43:49 p.m. 02-20-2012 213 ' Established In 1,936 Elevator ComPonY )� PROPOSAL Li i 14 February 20, 2012 Quote#20008678 Waterloo Center for the Arts Bill: City of Waterloo 225 Commercial Street 715 Mulberry Street Waterloo, IA 50701 Waterloo, IA 50703 Phone: 319-291-4490 Attn: Joel Fax: 319-291-4262 We propose to furnish labor and material to remove the single-bottom underground hydraulic cylinder assembly on your passenger elevator. We will replace the existing cylinder with a cylinder that will meet all current code requirements, reusing the existing-cylinder head. We will also remove debris and fill from the hole in the ground as needed so the new cylinder can be installed and plumbed. We will install PVC, then install and plumb the new cylinder. We will replace the concrete in the pit floor that we removed. We will perform a full load safety test on this elevator when all work has been completed to ensure there are no leaks in the hydraulic system. Schumacher (Elevator Company will supply containers for any contaminated or excess soil and the owner is responsible for the removal and disposal of any filled containers from the premises. We will replace the concrete that vete have removed from the pit, but we will not guarantee that this will seal the pit off from water. We must have uninterrupted use of the elevator to do this work during regular working hours (Monday- Friday, 8:00 A.M. -4:30 P,M.), Nineteen Thousand Eight Hundred Seventy-Four and N01100 Dollars ($19,874.00) The quoted price is based on 24 hours to remove the existing cylinder, clean debris from the existing hole, increase the depth, straighten and/or enlarge the existing hole, replace and plumb the jack assembly. Should this work require additional time, it will be billed on a time and material basis. The building owner agrees,to pay our normal hourly rate per team hour for this additional time if needed. Any extra materials used will be covered in the price quoted at no extra cost to the owner. Note: If Proposal#20008579(power unit) is accepted at the same time as this proposal Deduct ($539.00) Payment to be made as follows_ A twenty-five percent(25%)down payment with signed.proposal. Balance due upon receipt of invoice. One and one half percent (11/2%) interest per month will be charged on any unpaid balance after thirty days. The undersigned agrees to pay all collection costs in the event of default or failure to pay- All ayAll material Is guaranteed to be as specified. All Work to be completed in a substantial workmanlike manner according to specifications submitted per standard practices. Any alterations or deviation from above specifications involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. All agreements are contingent upon strikes, accidents or delays beyond our control, owner is required to carry tire,tornado and any other necessary insurance. our workers are fully covered by Workmen's Compensation Insurance. This proposal may be withdrawn % by us if not accepted within 60 days. G William Simme ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Date of Acceptance Signature: Signature: One Schumacher Way o P.O.Bqx 393 b Denver, Iowa 50822 o (319) 9B4-5676 o 'FAX(319)40B-1270 wwz ra hutro�acherelevator.com o c--mail:srvc@schumacherelevator.com 379-406-1270 04:39.02 p.m. 02-20-2012 2/2 r o - Established in 9936 Elevator,Company PROPOSAL February 20,2012 Quote#20008679 Waterloo Center for the Arts Bill: City of Waterloo 225 Commercial Street 715 Mulberry Street Waterloo, IA 50701 Waterloo, IA 50703 Phone: 319-291-4490 Attn: Joel Fax: 319-291-4262 We propose to furnish labor and material to replace the power unit with a complete new power unit on your hydraulic passenger elevator, The power unit shall be compactly and neatly designed, with all of the components listed below combined in a self-contained unit inner base for mounting motor and pump assembly, adequate oil reservoir, oil hydraulic pump, an electric motor, and an oil control unit. The pump shall be especially designed and manufactured for oil hydraulic elevator service. It shall be of the positive displacement type, inherently designed for steady discharge with minimum pulsation to give smooth and quiet operation. Output of pump shall not vary more than 10%between no load and full load on the elevator car. The motor shall be especially designed for oil hydraulic elevator service, shall be of standard manufacture, and of duty rating to comply with specified speeds and loads. The oil control unit shall consist of the following components in a single assembly mounted on rubber isolation: a high- pressure relief valve, an upstart valve, a down valve, a down leveling valve, and manual lowering valves on both down valves. If two-way leveling is specified, an up slow down and up stop valve is added. The entire unit shall be mounted on vibration dampeners, isolating the unit from the structure. This unit will replace your old pump unit and obsolete control valves. We must have uninterrupted use of the elevator(s) to do this work during regular working hours (Monday - Friday, 8:00 A.M.-4.:30 P.M.). We propose hereby to furnish material and labor-complete in accordance with above specifications, for the sum of; Seven Thousand Sevent)pSeven and PI0/100 Dollars ($7,077.00) Payment to be made as follows: A twenty-five percent(25%)down payment with signed proposal. Balance due upon receipt of invoice. One and one-half percent (1 1/20%)interest per month will be charged on unpaid balance after 30 days. The undersigned agrees to pay all collection costs in the event of default or failure to pay. All materlal Is guaranteed to be as spcifled, All Work to be completed In a substantial workmanlike manner according to specifications submitted par standard practices, Any alterations or deviation from above speclOcations Involving extra costs will be executed only upon written orders,and will become an extra charge over and above the estimate. All agreements are conlingent upon strikes, accidents or delays beyond our control. Owner is required to carry fire,tomado and any other necessary Insurance, Our workers are fully covered by Workmen's Compens 'on Insurance. This proposal may be withdrawn L�j _ - by us if not accepted within 60 days. William Simmer ACGEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above" Signature: Date of Acceptance Signature: One Schumacher Way & P.O.Box 393 C> Denver, Iowa 50622 0 (319) 9a4-5676 * FAX(319)406-1270 www.schumacherelevator.com a e-mail:srvc@schumacherelevator.com City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre-Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Central Garage Department to expend $ 2,621.16 plus est.shipping costs of $ 0.00 to pay for or purchase Motor Grader Tires This purchase or expenditure is being made because: Motor Grader Tires - Recap for Stock Vendor selected for this purchase: Wingfoot ❑ Bids or written quotes were taken on this purchase, as follows: ® Bids or quotes were not taken on this purchase because: State Bid pricing met Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund ® Road Use Tax 1-1 Sewer ❑ Sanitation ❑ Bonds 1:1 Federal/other grants EI Other(specify) This expenditure is to be coded to the following budget line-item: 010-18-7955-1569 (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ 175,000.00 !X and the current available balance is $ 1-2-,7-9"9 � Respectful[ submitted, (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date KAshared goodiesWorms\Street Dept-Motor Grader Recaps-Stock-Feb 2012.xis(Mar 2010) City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre-Authorization Request Fora The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Community Devel. Department to expend $ up to $2,000.00 plus est. shipping costs of $ to pay for or purchase Lead Grant advertising on billboards This purchase or expenditure is being made because: More eligible applicants are needed for program Vendor selected for this purchase: Lamar Bids or written quotes were taken on this purchase, as follows: ® Bids or quotes were not taken on this purchase because: Lamar's billboards are in the locations we want to advertise. Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund Road Use Tax EI Sewer E] Sanitation Bonds AI Federal/other grants Other(specify) This expenditure is to be coded to the following budget line-item: 224-32-5853-1390 BGLED MARK (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ line item budget=$59,000 and the current available balance is $ 14,539.00 ' Respectfully submitted, 1 L ! U'v �� /� ��� ✓^�1G1I�1✓✓ �'7 f/ /.0 =i �-fu'=v�Clf f� (Signaturepept. Head ortesignee) Date (Signature Finance Dept. Review) Date ,/ Expenditure Pre-Authorization lead billboard 2-16-2012.xis City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre-Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Engineering Department to expend $ 13,555.20 plus est. shipping costs of $ 50.00 to pay for or purchase Autocad Infrastructure Design Suite Software This purchase or expenditure is being made because: Our current road design software is no longer made. Our current Autocad software expires in March 2012 and needs to be upgraded. Vendor selected for this purchase: DLT Solutions Bids or written quotes were taken on this purchase, as follows: Bids or quotes were not taken on this purchase because: DLT Solutions is the only government supplier of AutoCad software. All vendors must go through DLT Solutions for pricing when supplying software to government agencies. AutoCad software is what Engineering has been using for 20 years. Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: EIGeneral Fund EI Road Use Tax EI Sewer EI Sanitation ® Bonds I Federal/other grants EI Other(specify) This expenditure is to be coded to the following budget line-item: 411-07-7830-2106 (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ 45,000.00 and the current available balance is $ 45,000.00 Respectfully submitted, a (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Hutocad 2012 Pre-Authorization(Mar 2010) City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre-Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Engineering Department to expend $ 2,166.00 plus est.shipping costs of $ 0.00 to pay for or purchase Ten (10) Smart Lasers with cases This purchase or expenditure is being made because: Staff needs these levels to easily check grades at ADA ramps and sidewalks to meet the new ADA standards. Vendor selected for this purchase: Transit Works ❑X Bids or written quotes were taken on this purchase, as follows: Transit Works Smart Laser w/case $216.60 ea. Amazon.com Smart Laser w/case $265.90 ea. Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): NA Please check the following box(es) as appropriate to describe the funding for this expense: EIGeneral Fund EI Road Use Tax EI Sewer EI Sanitation EI Bonds EI Federal/other grants ❑X Other(specify) Local Option Sales Tax This expenditure is to be coded to the following budget line-item: 205-07-7830-1555 (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ 4;885-00 4 i cO and the current available balance is $ 4,T7400 'l' Respectfully submitted, HCl f (Signature Dept. Head or Designee) Date (Signature Finance Dept. Review) Date K:\shared goodies\forms\Expenditure Pre-Authorization(Mar 2010) TRANSIT WORKS 6000 S 58th St Suite A Lincoln, NE 68516 10540 Hickman Rd Suite E1 Des Moines, IA 50325 Email: transitworks@windstream.net Date 2/17/2012 Flame: Dennis Gentz Availability Company: City of Waterloo Terms Address: 715 Mulberry Shipped Via Waterloo, IA 50703 Quoted By David Hoffart Phone#: 319-291-4312 Fax#: Email: dennis.gentz(aD_waterloo-ia.orq Subject: Smart Levels&Lasers-Revised Quote We are pleased to offer the following quotation for our consideration: Item Qty Stock# Description Unit New Retail Price Ext Price 1 1 to 5 92296&92924 Smart Level 4' w/Digital Readout&Vinyl Ea $ 218.20 $ 169.85 Padded Case 2 1 to 5 92296 Smart Level 4' w/Digital Readout Ea $ 189.85 $ 147.75 3 1 to 5 92924 Case, Smart Level 4'Vinyl Padded Ea $ 28.35 $ 28.35 4 6+ 92296 Smart Level 4' w/Digital Readout Ea $ 189.85 $ 139.10 5 6+ 92924 Case,Smart Level 4'Vinyl Padded Ea $ 28.35 $ 20.75 6 1 92437 Smart Laser Ea $ 236.00 $ 206.65 8 1 92924 Case, Smart Laser Vinyl Padded Ea $ 28.35 $ 28.35 9 9+ 92437 Smart Laser Ea $ 236.00 $ 195.85 10 9+ 92924 Case,Smart Laser Vinyl Padded Ea $ 28.35 $ 20.75 11 1 40-6522 Johnson Self-Leveling Laser w/Detector& Ea $ 1,456.76 $ 785.00 -� Remote NiMH Batteries(Special Price- New-Only One In Stock) 12 1 LL300 Spectra Precision Self-Leveling Laser Ea $ 895.00 $ 690.00 w/HR450 Detector 13 1 LL500 Spectra Precision LL500 Laser w/HL700 Ea $ 1,350.00 $ 995.00 Detector Sub-Total Shipping Sales Tax Total Thank you for this opportunity to provide a quotation. if you have any questions,please call meat 402-421-6100 or fax me at 402-421-7395. Prepared By: David Hoffart Date: 2/17/2012 Accepted By: Date: Amazon.com M D Building Products 92437 Smartlaser Laser Rail: _.. hfp://www.amaznn_com/M D-BOding-Products-92437-Smartlaser/d__. Today's Deals Gift Cards ' Help Shop by Search Tools&Hone Irrprovement Go Hello.Sigr Department Your Acc Home Improvement Best Sellers Brands Lanps&Light Fixtures Kitchen&Bath Fixtures Building Supplies Power&Hand Tools M-D Building Products 92437 Smartlaser Laser Rail by M-D Building Products Be the first to review this item (p) i ------------------------------------------------------------- --------- List Price:$351.92 i Sian ii Price: $236.95 &this item ships for FREE with I— i � Super Saver Shipping. Details - i You Save: $114.97 (33%) - a In Stock. req Ships from and sold by Amazon.com. Gift-wrap available. Only 2 left in stock--order soon (more on the way). Want it delivered Monday, February 20?Order it in the next 1 hour and 31 minutes,and choose One-Day Shipping at checkout. 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See a problem with these advertisements?Let us know ----------- ------------------------------------ •------------- ---------------------- ------•--- FreguentEy Bought Together Price For All Three: $269.40 Show availability and shipping details of 6 2/17/2012 12:17 PM 1f2f2212012 n:18 3192914297 WATERLDQ LEISURE SER PAGE 02/02 City Clerk Uae Only Finance Committee Approval Date City of Waterloo Expenditure Pre-Authorizati®n Request Form The Finance Committee of the City Council is hereby requested to authorize the'Following purchase or expenditure submitted by the Leisure Services Department to expend $ NTE 25,000 plus est.shipping costs of $ to pay for or purchase Dugout and bleacher pads, sidewalks for Riverfront Sports Park East & West Exchar►ge diamonds This purchase or expenditure is being made because: part of renovation of fields for youth sports programs. Work will need to be completed by May 1, 2012. Vendor selected for this purchase: Bowers Masonry, Waterloo Bids or written quotes were taken on this purchase, as follows: Sowers, Wloo $15,347.00 additional g $3.20 sq ft Quality Concrete, Wloo $16,258.41 additional @._$3.39 sq ft DC Corp $18,224.80 add[ fl $3.80 D&[3 Builders $18,944.20 add) $3.95 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: General Fund Road Use Tax Sewer F1 Sanitation Bonds AI Federal/other grants Other(specify) i3H Gaming Grant This expenditure is to be coded to the following budget line-item: 426-37-4202-2178 37S PT-C RYS (Fund- Department-Activity-Account Number) (Project Code) in which the budgeted amount is and the current available balance is Respectfully submitted (Sighwure D0pt. d or Designee) Da'e (Signature Finance Dept. Review) Date Kashared goodiesVorms\Expenditure Pre-Authorization.xls(Mar 2010) City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre-Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Leisure Services Department to expend $ 12,275.50 plus est.shipping costs of $ to pay for or purchase One 2012 John Deere 1565 mower. This purchase or expenditure is being made because: mower will be used to maintain parks, right of way and various City property. Two older units will be traded in with this purchase. Vendor selected for this purchase: John Deere Company Bids or written quotes were taken on this purchase, as follows: ® Bids or quotes were not taken on this purchase because: Purchase is being made using previously bid State DOT Grounds Care Contract pricing through Waterloo Implement. Prior Committee Actions (Dates): Please check the following box(es)as appropriate to describe the funding for this expense: EIGeneral Fund F1 Road Use Tax EI Sewer EI Sanitation ® Bonds EI Federal/other grants 1-1 Other(specify) This expenditure is to be coded to the following budget line-item: 411-37-4100-2113 (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ 106,000.00 and the current available balance is $ 20,051.00 Respectfully submitted, (signature De'�t. ad or Designee) Date (Signature Finance Dept. Review) Date KAshared goodies\forms\Expenditure Pre-Authorization.xls(Mar 2010) City Clerk Use Only Finance Committee Approval Date City of Waterloo Expenditure Pre-Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Police Department to expend $ 1,876.70 plus est. shipping costs of $ 25.00 to pay for or purchase Pelco camera and microphone system for interview room. This purchase or expenditure is being made because: camera system with installation to record interviews that are conducted by officers of the police department. Vendor selected for this purchase: RC Systems Bids or written quotes were taken on this purchase, as follows: 0 Bids or quotes were not taken on this purchase because: This camera is an addition to the system we already have in place. The camera is proprietary to that system. Prior Committee Actions (Dates): Please check the following box(es)as appropriate to describe the funding for this expense: EIGeneral Fund F—I Road Use Tax EI Sewer EI Sanitation EI Bonds EI Federal/other grants F—xl Other(specify) Black Hawk Gaming GRT This expenditure is to be coded to the following budget line-item: 010-11-1-1-58=9-5-1-2 It i( i;- �: fy 6r,, 11-T-Rf-NtrPDF (!/91&. r z),�6 (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is $ ,<<,0- and the current available balance is $ i f cel 7 ResPectfully submitted, 2- � 7I (Signat e Dept. Head or Designee) Date (Signature Finance Dept. Review) Date KAshared goodies\forms\Expenditure Pre-Authorization(Mar 2010) City Clerk Use Only Finance Committee Approval Date City ®f Waterloo Expenditure Pre-Authorization Request Form The Finance Committee of the City Council is hereby requested to authorize the following purchase or expenditure submitted by the Police Department to expend $ 2,409.06 plus est. shipping costs of $ 0.00 to pay for or purchase Three Dell Laptop computers for LEIN Region 2 Information Sharing office. This purchase or expenditure is being made because: to replace aging computers that are being used by LEIN region 2. Vendor selected for this purchase: Dell Bids or written quotes were taken on this purchase, as follows: Fx Bids or quotes were not taken on this purchase because: The computers that are purchased will be maintained and connected to the police department system. WPD uses Dell exclusively, to cut cost by using existing peripherals and interchangeable replacement parts. Prior Committee Actions (Dates): Please check the following box(es)as appropriate to describe the funding for this expense: General Fund EI Road Use Tax 1-1 Sewer F1 Sanitation 1-1 Bonds 1-1 Federal/other grants n Other(specify) LETPP 09 grant This expenditure is to be coded to the following budget line-item: 010-11-1150-2122 11GRT LEN 6 (Fund - Department-Activity-Account Number) (Project Code) in which the budgeted amount is 1 _7 and the current available balance is Re ectfully submitted, (Sign,igR ,41ure Dept. Head or Designee) Date (SignAture Finance Dept. Review) Date KAshared goodiesWorms\Expenditure Pre-Authorization(Mar 2010) LILY I,ICIK UJC tJllly Finance Committee Approval Date City of Waterloo Expenditure Authorization Request Form The Finance Committee of the City Council is here by requested to authorize the following purchase or expenditure submitted by the WMS Departmant to expend $ 1,620.00 plus ext. shipping cost of $ 0.00 to pay for or purchase sewer cleaning hose This purchase or expenditure is being made because: To replace the high pressure cleaning hose on the Vac Con combination truck the hose is worn out ® Bids or written quotes were taken on this purchase, as follows Apache Hose Co. $2857.14; BDI $2500.95; Municipal Pipe Tool Co. $1620.00 Bids or quotes were not taken on this purchase because: Prior Committee Actions (Dates): Please check the following box(es) as appropriate to describe the funding for this expense: ❑General Fund: ❑Road Use Tax: ®Sewer: Sanitation: ❑Bonds: ❑Federal/other grants: ❑Other(specify): This expenditure is to be coded to the following budget line-item: 520/14/5200/1571 (Fund - Department-Activity -Account Number) (Project Code) in which budgeted amount is $ 201,422.00 and the current available balance is $-42j 02/16/20LZ TE3U 10: 43 FAX 319g883546 Municipal pipe Tool X001/�pl uniciPal Pipe Tool COMPany LLC �i�t��l® Quotati®n 515 Sth Street Quote NUMber: Hudson, IA 50643 1637 Rh M 9-988-4205 Fax 319®988®3506 Quote ®ate: Quoted to: Feb 16, 2092 Page: WATERLOO WATER POLLUTION 1 FLOOD CONTROL 3505 EAST®N ST WATERLOO, IA 50702 Fax: Customer I® Good Thru Payment Terms Sales Rep WATPRLwpfc 3/17/12 Net 30 Days OOPA rr Quantity Description Unit Price Extension TrN: Garr Luck Fax#291-4523 600.00Feet of 9"X 600' Parker sewer cleaning hose, orange 2,500 psi. In stock. 2.70 1,620.00 No freight. if our equipment become lodged during attempts to perform duties specified by customer,all casts for removal and replanemera of equipment will be the customers, Subtotal 1,620.00 Quantities shown are estimated and not guarantGW:they are solely for establishing the initial unit Salsas Tax price for the services listed above.Final charges will be based on actual quantities. ToW 1,620.00 ACCEPTED BY:Signature Title— Date Scheduling Con tact Person: Phone#: -ell Phone: TV Reports-circle one:VHS/DVD _ 02/15/2012 3 : 27 : 01 PM —0500 BDT PAGE 2 OF 2 BDI (061) wuOTATION 1826 Black Hawk Street(50702) Waterloo IA 50702 324273 (319) 234-6845 Fax (319) 232-7329 PLEASE REFERENCE THIS NUMBER WHEN ORDERING Quote Address. Page: 1 Customer No: 0610629 WASTE MANAGEMENT SERVICES DEPT 3505 EASTON AVE WATERLOO IOWA PLANT FAXED QUOTATION " * WATERLOO IA 50702 Handier: Arthur Maring- 061 Contact: GARY Quote Date: 02/15/12 Terms of Delivery: Customer Pays All Freight Terms: Net 30 days I Ship Via: Customer Pick Up Lead Tlrne Quant€y It�LrlptionJ€ Pte ! Etencted Price �n €In1 PRICE VALID THROUGH 03/15/12 1 KUR SPOR-MF16X600 15 2500.950 EA 2500.95 Hose/Fitting/Adaptor-All Other 1" MALE X 1" FEMALE SWIVEL END OF QUOTATION * Are you registered to buy on-line?Go to www.BDfEXPRESS.COM You can compare products, check price and availability even w. �.. 2,500.95 find invoices and track shipments.Sign up today!! All quotations subject to acceptance within 30 days, unless otherwise noted. All items subject to prior sale. Special items not cancellable. 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Bryn � .:•;:: x L=J :: t=J trn LTJ FC m * `� y LJ O 'Id 09rn C 0tn0 o w C Hr�' t4(Iy W x x CD :U: >0 H rd i » F1 ' Z00 » x O ' N x x a x ; •: UQ F3 00 o. y, 0 :cn•: w � -. x Ln -D: O i*• o• x s F1 O N w * » x x R o Fi O * x 0 rt .�:• N � rte' ¢,CD •i?:'�'''�'.':;:;:;';¢?:: .'Y 7� N 01 D1 •.`;: \ ..: Fl to '•' :CSL:: ;:::•t•?:•::•i:•:•: Z 3O Z shad8t:60 ZTOZ/9T/ZO T'O*ti E6ZOT#bsH OOUg3SHM aO 7ulIO EZSf,-T6Z-6T£:OS MILIMI '3 MSOH 3HOVIV:MoS3 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING DECEMBER 20, 2011 The regular meeting of the Community Development Board was held in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa, and called to order by Chairman Eric Johnson at 4:00 p.m. on Tuesday, December 20, 2011. Members present: Mickye Johnson, Gary Rankin, Bob Reisinger, Jeri Thornsberry and Chairman Eric Johnson. Members absent: Amber Boyd. Also present: Rudy Jones, Community Development Director;Nancy Gulick, Community Development Coordinator; Steve Schmitt, Council Liaison; Ann Northey, Administrative Secretary; Michael Coleman, Martha Frazier, Marvin Jenkins, Eastside Ministerial Alliance and Tim Jamison, Waterloo/Cedar Falls Courier. A. APPROVAL OF THE AGENDA. Chairman Johnson indicated Board packets were mailed out and asked for additions or corrections to the agenda. Jeri Thornsberry inquired about an item previously discussed in November concerning the down payment assistance program. It was noted the item was placed on the December agenda under New Business, Item No. 5. It was moved by Mickye Johnson and seconded by Bob Reisinger to approve the Agenda. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON NOVEMBER 8,2011. It was moved by Gary Rankin and seconded by Jeri Thornsberry to approve the minutes for the regular meeting on November 8,2011. Motion carried. C. OLD BUSINESS. 1. Single Family Unit Production—Round 1 Update. Rudy Jones indicated the final three units are substantially complete with a few punch list items remaining. We are still waiting on dates for the final closings. We did receive an extension from the State on this project. Chairman Johnson indicated he drove by the homes and they look very good. Hopefully,they will sell and close soon. Bob Reisinger asked if the developers were finished with Round 2 at Summerland. Rudy Jones stated the Summerland project is very close to completion and Iowa Development will be ready to start Round 3 in January. Minutes December 20, 2011 Page 2 Chairman Johnson mentioned Round 4 may now be a possibility and this is good news. Rudy Jones indicated that all units in Round 4 would have to be at $150,000 or less, so we are estimating 15-20 units. Notices have been sent to developers and we will be getting proposals in January and will make a decision in early February. Bob Reisinger inquired about new construction at the former Van Eaton School site. Rudy Jones stated a meeting is set up with the developers at Summerland to discuss their Round 3 funding. Iowa Development group originally proposed a cul-de-sac for the site and they still can do row houses. They will also be working on their other units in Summerland. Gary Rankin asked about advertising for Round 4 developers and is it possible to build condo or four-plex units. Rudy Jones stated this process is open to anyone who is willing to meet the requirements. Notices were sent to a dozen prospective developers, notice is on our website and information went to the builders association. Mickye Johnson inquired if there was a possibility of Round 5 funding? Rudy Jones indicated this is State government funding and anything is possible. Chairman Johnson asked if Board members would like this item to continue as Old Business, since we have pushed to get through the extensions for the current projects. Gary Rankin indicated he would like to be informed when the new construction homes have been sold and suggested we keep this on the agenda. 2. Neighborhood Stabilization Program—Round 3 Update. Rudy Jones indicated we have initiated Phase 1 on these sites to ensure no potential environmental or contamination hazards are located in those areas. We also have initiated the demolition project with bids coming back in January and are preparing to solicit bids for the rehabilitation of the unit at 1013 Lafayette Street. All this activity will allow for demolition and rehabilitation work beginning in the Spring. We propose to have new construction starting next Spring as well. NSP3 demolition of five to six units will also be identified and the process started. Bob Reisinger inquired if we would be building new construction on these demolition sites and what will be the size of the lots. Rudy Jones indicated we are proposing 50-foot lots, with three units in the 900 block of Lafayette and an existing 50-foot lot in the 1000 block at 1021 Lafayette. Rudy indicated that NSP3 funding would be utilized for these projects. Jeri Thornsberry inquired about the process for demolition and new construction and selling these homes. Rudy Jones stated we would possibly be soliciting a request for professional realtor services to market and sell these units. He noted our down payment assistance component would assist us in getting qualified low- income persons into these homes. The NSP3 project budget is just under$600,000. Minutes December 20, 2011 Page 3 3. Status Update on Analysis of Impediments to Fair Housing Choice. Rudy Jones explained there were approximately 12 items identified through this analysis that needed to be addressed by the Board. He noted a written report would be submitted for review,but stated briefly that work has begun as follows: 1)the hiring of low-moderate income persons was an important issue and through our Lead Grant funding we are going to offer training for 8 hour and 24 hour lead training certifications. 2) Another item being addressed is to add new board members,with two or three changes in the coming months. 3) Improve relationships with landlords of Black Hawk County. Rudy noted he has worked with Sue Schauls of Black Hawk County and there have been training workshops over the past months, so we are making some progress since our last report. Jeri Thornsberry stated that initially we wanted this report quarterly, and now believes every six months would be a sufficient timetable. Other Board members were in agreement. Chairman Johnson indicated Rudy's written report would be forthcoming on the progress being made with the Impediments to Fair Housing in Waterloo. D.NEW BUSINESS. 1. Accept resignation of Board member, Kenneth Adderley. Chairman Johnson noted Dr. Kenneth Adderley submitted his resignation as a member of the Community Development Board on December 7, 2011. It was moved by Jeri Thornsberry and seconded by Bob Reisinger to accept the resignation of Dr. Kenneth Adderley. Motion carried. Chairman Johnson instructed Rudy Jones to forward a request to the Mayor to fill this position on the Board. 2. Appoint new Board Secretary. Chairman Johnson noted since Dr. Adderley was the official Board Secretary, we need to fill this position. Following discussion, Bob Reisinger volunteered to serve in this capacity. It was moved by Gary Rankin and seconded by Jeri Thornsberry to appoint Bob Reisinger to serve as Board Secretary. Motion carried. 3. Endorse Rehabilitation Contracts for November 2011. (Report attached.) Chairman Johnson indicated the November Rehabilitation Contracts report was included in the packet. It was moved by Bob Reisinger and seconded by Gary Rankin to endorse the rehabilitation contracts for the month of November 2011. Motion Carried. 4. Council Work Session on FY2013 CDBG and HOME Funding Cycle. Chairman Johnson indicated this is a brief meeting with the Board and City Council to discuss our funding cycle for FY2013 CDBG and HOME programs. The Chairman inquired if this work session would be scheduled before the subcommittee begins their review. Rudy Jones noted the work session will be on January 9, 2012 and we hope to meet with the subcommittee members prior to that time, during the week of January 4-6, 2012. Rudy indicated the Mayor has appointed Quentin Hart and David Jones to assist as Council Liaison on the subcommittee. Minutes December 20, 2011 Page 4 Rudy noted, in light of all the funding cuts we have recently received, it is very critical to have the council understand how this will impact our programs this year. 5. Report from Coalition Meeting on Down Payment Assistance Program. Bob Reisinger reported the housing coalition met to discuss affordable homeownership opportunities in the Cedar Valley. Lenders, realtors, mayors, INRCOG and city council members make up the Cedar Valley Coalition to keep communications on going on the various grants, programs and assistance offered in the Cedar Valley. Bob reported that some of the lenders are concerned that they are no longer familiar with our programs and commented they have lost touch. Bob stated that Ethel Washington is working to put together some information for their group. He also gave a brief background on how the coalition began and when the realtors got involved. We need to get our guidelines to them and let them know what other programs can be combined to help stabilize a low-income buyer. Bob Reisinger also reported that the Coalition members expressed concerns that our Subordination Fee of $300 was excessive and wondered if there could be any adjustment to this fee. Rudy Jones stated the down payment assistance program is still in place, however, activity has been reduced possibly due to the overall condition of the housing market. Chairman Johnson suggested an education blitz with the realtors and lenders might be required. Bob Reisinger stated this would be a good idea, as we haven't had anyone from Community Development or the Waterloo Housing Authority talk about these programs for some time. The location of the Cedar Valley Housing Coalition meetings will be quarterly at the Waterloo/Cedar Falls Board of Realtors office. Chairman Johnson inquired about the subordination fee. Gary Rankin indicated only those getting an approved subordination must pay the fee. Rudy Jones expressed that we have the same amount of staff time reviewing these request whether they are approved or not and at times it takes several months to finalize the paperwork, with follow up calls, etc. Nancy Gulick explained that the lenders do charge for closing costs and many times when the caller understands the fee situation, the subordination is dropped. Bob Reisinger expressed his concern that we are penalizing the ones who can least afford the fee. Discussion continued on whether to charge a fee for each subordination,whether approved or not and it was recommended the staff review the matter and provide a recommendation at the next meeting. 6. CHDO Request—Eastside Ministerial Alliance. Rudy Jones reviewed background information for the Community Housing Development Organization (CHDO)previously initiated with Operation Threshold and currently the status with Habitat for Humanity. Rudy noted that Eastside Ministerial Alliance (EMA)representatives have been working with staff for over two years to certify their organization as a CHDO. Current information has been reviewed and there are staff concerns based upon the requirements necessary to determine CHDO status. One major concern is Minutes December 20, 2011 Page 5 whether EMA has capacity for this designation. Chairman Johnson asked for an explanation of the CHDO designation for newer Board members. Rudy Jones indicated that Nancy Gulick on staff is HOME certified and directly handles the review of this activity. Nancy Gulick explained that CHDO stands for Community Housing Development Organization, and as an entitlement community we are required to allocate 15% of our HOME funds to a certified CHDO. Each CHDO must meet certain regulations; i.e.: their Board must be comprised of certain percentages; Board members can be a developer, sponsor or an owner of a property. They must be financially sound and have the capacity and experience to complete a project. We have a HUD worksheet to follow to confirm these factors. Chairman Johnson stated 15% of HOME funds must go toward a CHDO, so if we have two CHDO's, do we split the funds evenly between them? Nancy Gulick responded no. The Board can award CHDO status to one or both entities. Chairman Johnson asked if there were other advantages to becoming a CHDO in the HOME program. Nancy Gulick stated she did not know of any specific advantages. She did mention that HOME funds this year have dropped by 20% over our last funding cycle, with an estimated allocation of approximately $454,000 expected. Chairman Johnson indicated Wells Fargo has provided a housing unit for Eastside Ministerial Alliance (EMA)to rehabilitate. He inquired if Community Development was providing funds for this rehabilitation. Rudy Jones indicated there is no guarantee, but EMA is in the process of applying for additional funds through our FY2013 funding cycle process. All project designations come through the subcommittee that reviews the applications, and this won't be confirmed until after the public hearing process. Chairman Johnson indicated CHDO certification comes through the Board. He asked Rudy Jones if it was his recommendation to certify them as a CHDO today? Rudy stated no. He indicated he hopes that with the property EMA is going to receive,they provide a plan of action to rehabilitate it and submit a funding request through our normal funding cycle process to show us they have capacity to do this work, apart from the official CHDO status. Rudy stated if the subcommittee reviews their application and builds confidence in their ability to perform through the full regulatory process, then consideration could be given for CHDO status. We must reimburse funds spent, so they must be able to finance their project. If they successfully do this process it would provide greater confidence they have the capacity to perform as a CHDO. Mickye Johnson indicated if they meet these qualifications, how does this status become a reality. Rudy Jones stated everything must be in order to qualify. Minutes December 20, 2011 Page 6 After considerable discussion Chairman Johnson opened the floor to EMA representatives. Rev. Michael Coleman indicated a house has been given to them to rehabilitate and they will apply for funding to complete this house. Mr. Coleman stated the only way they can do this is to be certified as a CHDO, as they see the restrictions differently than the Community Development staff. Mr. Coleman related their capacity and experience on other projects. Pastor Marvin Jenkins, a Board member for EMA stated two things were pertinent, their financial ability and reserves. They are in a$2 million dollar building and they have credibility and leverage to go after any project. Mr. Jenkins explained they have financial ability to do what needs to be done and they are capable, as he is a founding member of Habitat for Humanity from Webster County. He stated he has been rehabilitating houses for the last 25 years, and many multi-family complexes have been successfully completed. He noted there is much blight in Waterloo, and we have many eyesores that EMA would like to expedite the rehabilitation of these homes to bring them back up to standard. This is their goal and he indicated the resumes of Board members already prove them well capable of directing the rehabilitation of houses. Rudy Jones stated we have not called into question your ability to rehabilitate homes. Our concern involves the stringent criteria in meeting the HOME certifications, both for contractors with lead abatement experience and time lines for completing the processes. We questioned Board experience with the resumes that came in to us. Rudy Jones asked for 30 days to revisit this matter. Chairman Johnson indicated the staff would make a recommendation and if EMA were given funds and the project does not go well, then the staff will de-certify them. If staff recommends denial, we would give EMA time to respond. Further comments were made by Pastor Jenkins concerning the need for additional time when this process has already taken two years. He reiterated their abilities to meet the time lines required by the program. Rudy Jones asked for this additional time to reconvene and review this matter with staff. We asked for information and it was 6-12 months before we heard back,we are only asking for 30 more days and you will have a definitive answer. Martha Frazier indicated they have provided all the information that was asked for to complete this process. They also worked with the Housing Authority staff and provided the resume information required. She noted they streamlined the resumes and sent them back in. Chairman Johnson stated he would like to briefly deescalate the discussion. He noted as a Board we lean on our staff and value their opinions, so it is hard for us to unilaterally decide to do something without staff approval. He directed his comments to staff and asked if we wait 30 days will EMA be jeopardized in this next funding cycle. Rudy Jones replied no. He explained the first public hearing is on January 10, 2012 and we will have a recommendation, one way or the other by that time. -- Minutes December 20, 2011 Page 7 Nancy Gulick stated to Rev. Coleman that you could certainly make application to use HOME funds for your project as Eastside Ministerial Alliance. You do not have to be a CHDO to apply for those funds; however, your application must be submitted by December 30, 2011 by Noon. Rev. Michael Coleman stated we are just asking for the CHDO status because the distinction does carry some weight and helps us collaborate with other sources to leverage funding for our projects. Nancy Gulick stated even if tonight the Board awarded you CHDO status,there are no funds available. The Board has to make that allocation through our process of reviewing all the applications, and still no funding is available until July 1, 2012. Rev. Jenkins stated they were aware of this fact, however,they are puzzled why additional time is required since they have met all the requirements asked of them. Pastor Jenkins noted they want to be recognized as a CHDO so we can do what we have to do for the community. Rev. Michael Coleman stated all our information should be turned in. Our goal is to become a CHDO, not just apply for rehabilitation assistance. Mickye Johnson spoke to their financial resources and asked if this could be utilized to confirm financial stability. They have indicated several homes have been rehabilitated and both churches have indicated their capacity. The other thing is the federal regulations concerning lead training. Mr. Johnson noted EMA representatives stated they have been trained on the lead based paint issues. Rudy Jones inquired as to the lead certifications. Rev. Michael Coleman stated Christopher Leach gave initial certification. Pastor Jenkins stated if there is anything else needed there is no problem in obtaining the information and this lead to further discussion among EMA representatives and members of the Board concerning certifications and other designations. Rudy asked them to provide copies of their 24-hour certifications for Lead Abatement. Chairman Johnson addressed the EMA representatives and indicated he appreciated their presence, and if we have dropped the ball we apologize and hope to get to the bottom of this and make a recommendation at the next meeting. If staff needs more information they will be in contact with you. You must understand we cannot make a recommendation as a Board if we do not have input from the staff. Pastor Jenkins asked whom the Chairman was referring to as staff, and Chairman Johnson responded it was Rudy Jones,Nancy Gulick and other paid staff members that work within the Community Development office. Rev. Michael Coleman asked that before the Board comes back in January, that they review the minutes of record from EMA's last visit, noting this dialogue sounds the same as their last meeting with the Board. E. DISCUSSION ITEMS. Councilman Steve Schmitt expressed gratitude to the Board, as this would be his last meeting as liaison and advised that Carolyn Cole would be taking his place. Minutes December 20, 2011 Page 8 Jeri Thornsberry inquired if there was a document listing all Board policies. Chairman Johnson indicated there are certain formal policies that have been adopted by the Board and we will put together that information for new Board members. F. ADJOURN MEETING. With no further business to come before the Board,the Chairman adjourned the meeting. Respectfully submitted, Robert J. 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Members present: Amber Boyd, Gary Rankin, Bob Reisinger, Jeri Thornsberry and Chairman Eric Johnson. Members absent: Mickye Johnson. Also present: Rudy Jones, Community Development Director;Nancy Gulick, Community Development Coordinator; Carolyn Cole and Quentin Hart, Council Liaison; Ann Northey, Administrative Secretary; Michael Coleman, Martha Frazier, Lovie Caldwell of Eastside Ministerial Alliance; Patricia King, Eye of the Needle; and Tim Jamison, Waterloo/Cedar Falls Courier. A. APPROVAL OF THE AGENDA. Chairman Johnson indicated Board packets were delivered and asked for additions or corrections to the agenda. It was moved by Bob Reisinger and seconded by Jeri Thornsberry to approve the Agenda. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON DECEMBER 20,2011. The Chairman noted the December minutes were not available for review and will be approved at the next regular meeting. C. OLD BUSINESS. 1. Single Family Unit Production—Round 1 Update. Rudy Jones anticipates these units will be closed by the end of the month so we can finalize our reports and move both of our developers into Round 2. We are in the process of preparing proposals for Round 4 and we should have at least four proposals for Round 4 funding. Bob Reisinger questioned if we would use all four contract developers for Round 4 or would we select the developers by the type of project they are proposing. Rudy Jones indicated we would review the projects being proposed and select the best ones for our needs. He stated several of the contractors have indicated they could utilize the entire award for their project. This may not allow for development throughout the community, so we will also take this into consideration. 2. Neighborhood Stabilization Program—Round 3 Update. Rudy Jones indicated the weather might allow us to break ground for demolition, unless we get bad weather in the next two weeks. We are ready to cut off utilities and can proceed with demolition within the next 30-45 days. Minutes ` January 10, 2012 Page 2 3. CHDO Request—Eastside Ministerial Alliance. Rudy Jones indicated that after Board deliberations last month and meeting with staff, we requested additional information from Eastside Ministerial Alliance (EMA), which has been provided to us. We are in a position to accept the information and will work toward a successful process. We will forward our recommendation to the Mayor and request certification of Eastside Ministerial Alliance as a Community Housing Development Organization(CHDO). Once we complete the initial certification we will proceed to obtain a thorough work write-up, inspection and budget for the property they wish to develop. It was moved by Jeri Thornsberry and seconded by Gary Rankin to authorize staff to move forward in the certification process for Eastside Ministerial Alliance to become a CHDO with the City of Waterloo. Motion carried. Rudy Jones indicated the Mayor would sign off on the official certification. 4. Multi-Family Rental Housing Funds Update—Round 2. Chairman Johnson confirmed the Multi-Family Rental Housing project, originally endorsed by the Board and submitted by Ben and Brad Stroh, has been withdrawn. Rudy Jones stated the developer indicated they could not make the project go because of land issues and other items that made it infeasible. The Planning Department thought the proposal could be amended and still go forward, however in the final communications with the developer, we learned they were canceling the project. Unfortunately, this is also at the end of our contract period. Chairman Johnson inquired if we could submit other projects for these funds or have we lost the ability to utilize these funds altogether. Rudy Jones stated he believes we have lost the ability to use these funds. That is why we tried to get information on the project before the end of the contract period. Jeri Thornsberry inquired if the timeline was December 31, 2011 for Round 2 Multi-family funding. Nancy Gulick stated that we actually extended those contract dates for Round 1 and Round 2 and the rental project was included in that grant. Rudy Jones indicated that he had sent correspondence that this would not be extended. Nancy Gulick stated the other project originally submitted for review was from Duane Wessels. Chairman Johnson said he was interested in verifying the fact that this money cannot be reallocated and whether we can do another Request for Proposals. He noted if the money is gone, it's gone, but if it can be reallocated to another project he would like to see that happen, noting it was disappointing that the project did not go forward. Rudy Jones indicated he would contact Julie Lunn with the Iowa Economic Development Authority to see if those options are still available to us. Chairman Johnson asked that the Board be informed via email of his findings and then we will place this item on our next agenda. Minutes January 10, 2012 Page 3 Gary Rankin stated the other project submitted was too small. He asked, if the funds are still available to submit to a project, would we have to take in new proposals or could we go back to original proposals. Rudy Jones stated he didn't know, but he will ask Ms. Lunn if there is a possibility for another project and what will be the parameters for solicitation. Do we go back to the first applicants or can it be opened up for potential new projects. Rudy asked the Board if they had a preference. Chairman Johnson stated if the funds are still available we should open it up for new RFPs. D. NEW BUSINESS. 1. Endorse Rehabilitation Contracts for December 2011. (Report attached.) Chairman Johnson indicated the December Rehabilitation Contracts report was included in the packet. Nancy Gulick indicated some of the rehabilitation projects were not included this time so they could be counted toward lead grant totals. It was moved by Bob Reisinger and seconded by Jeri Thornsberry to endorse the rehabilitation contracts for the month of December 2011. Motion Carried. 2. Set date of public hearing—February 21, 2012 for FY2013 Subcommittee recommendation for CDBG and HOME Program Funds. It was moved by Gary Rankin and seconded by Jeri Thornsberry to set the date of public hearing for 5:00 p.m. on February 21,2012 for FY2013 CDBG and HOME Program funds and public recommendation in the Waterloo/Cedar Falls Courier. Motion carried. Chairman Johnson indicated Board members on the subcommittee are Jeri Thornsberry, Gary Rankin and Bob Reisinger. The subcommittee has met once to review initial applications. E. DISCUSSION ITEMS. None. The Chairman indicated the block grant public hearing begins at 5:00 p.m. this evening. F. ADJOURN MEETING. With no further business to come before the Board, the Chairman adjourned the meeting. Respectfully submitted, Robert J. Reisinger, Board Secretary Minutes January 10, 2012 Page 4 December2011 Contractssigned ............................. ................................................................................................................................................................... ........................................................................... ... ....................................................................... ................ .. .... ........ ............. ......................................................................................................................................... ......................................................................................e................. .».......... ................................ 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TI ....... ........................................... MINUTES COMMUNITY DEVELOPMENT BOARD PUBLIC HEARING FOR CITIZEN INPUT FY2013 CDBG and HOME PROGRAM January 10,2012 Chairman Eric Johnson called the public hearing to order at 5:00 p.m. in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa. The Chairman stated the purpose of the hearing is to gain citizen input into the application process for FY2013 CDBG and HOME Program funding. The Chairman welcomed participants to the meeting, and indicated the Board members have copies of all applications before them. Board Members present: Amber Boyd, Gary Rankin, Bob Reisinger, Jeri Thornsberry and Chairman Eric Johnson. Board Members absent: Mickye Johnson. Also present: Carolyn Cole and Quentin Hart, City Council Liaison; Rudy Jones, Community Development Director;Nancy Gulick, Community Development Coordinator; Ann Northey, Administrative Secretary; Patricia King, Eye of the Needle; Barb Prather,Northeast Iowa Food Bank; Barb Grant, Operation Threshold; Martha Frazier, Michael Coleman and Lovie Caldwell, Eastside Ministerial Alliance; Mark Pregler, Budget Services; and Tim Jamison, Waterloo/Cedar Falls Courier. A. APPROVAL OF AGENDA The Chairman called for.a motion to approve the public hearing agenda as mailed. It was moved by Bob Reisinger and seconded by Amber Boyd to approve the agenda as mailed. Motion carried. B. RECEIVE AND PLACE ON FILE AFFIDAVIT FOR PROOF OF PUBLICATION FOR NOTICE OF PUBLIC HEARING Chairman Johnson indicated a copy of the display ad published in the Waterloo/Cedar Falls Courier on Sunday, January 1, 2012 announcing the public hearing. It was moved by Bob Reisinger and seconded by Gary Rankin to approve and place on file the affidavit for the notice published in the Waterloo Courier. Motion carried. Chairman Johnson noted the hearing process was advertised in many different formats during the past few months in order to gain citizen input, and he asked Rudy Jones to explain. Rudy Jones noted advertisements were submitted to the Waterloo Courier numerous times. We also posted on the City of Waterloo's website and the Community Development website. Notices were sent in the Neighborhood Services newsletters. Notice was published on the cable Minutes January 10, 2012 Page 2 website, and news releases sent to all media connections. We also held a public forum to kick off the process early November. C. OPEN PUBLIC HEARING Chairman Johnson called for a motion to open the hearing. It was moved by Jeri Thornsberry and seconded by Bob Reisinger to open the public hearing. Motion carried. Chairman Johnson gave a few introductory comments,noting the Board received requests that total approximately$1.4 million in requests for CDBG funds and we estimate that there will be approximately$1.1 in funds available, so there will be a shortfall. On HOME funds we have approximately $516,000 in requests and we estimate available funds will only be $472,000, so once again another shortfall this year. Chairman Johnson addressed the audience and stated if anyone would like to speak and provide additional information for their request,they will be given an opportunity to ask questions of the Board and subcommittee. Two council members also serve as liaison for the subcommittee, David Jones and Quentin Hart. Chairman Johnson stated the Board does have each application in front of them for this hearing. He noted when the subcommittee begins their review of each application,they may require additional documentation and will be in contact with applicants if this is the case. At this time the Chairman opened the hearing for comments and asked participants to identify themselves at the microphone, stating their name, address and project request. Patricia King, representing Eye of the Needle, asked if there were any questions regarding her application. She noted their program has doubled the population they serve over the last three years. Jeri Thornsberry questioned the number of clients vs. number of families served. Ms. King explained that some of the clients vary all the way from one person to ten people in a family. Some families have no children and some have anywhere from eight or nine children. Mark Pregler with Budget Services, Inc. asked about the Dun and Bradstreet Number that was required on the application. He inquired as to why it was necessary and informed the Board he was getting charged in excess of$69.00 to obtain the number and has had other solicitations concerning it. Nancy Gulick informed Mr. Pregler that if his project was funded, we would have to enter his Dun and Bradstreet number on the HUD website. Nancy informed Mr. Pregler that this number should be obtained at no charge to him, and the solicitation is probably to sell you a service only. Minutes January 10, 2012 Page 3 Barb Prather,Northeast Iowa Food Bank indicated their project is now in its 4th year of their Capital Campaign. Ms. Prather asked the board to favorably support their request for $50,000. Barb Grant, Operation Threshold indicated they have.applied for Tenant-Based Rental Assistance and also funding for their Weatherization Plus Program. Council member Quentin Hart asked the Board to consider funding the Boys and Girls Club project as a worthwhile project for the community. Chairman Johnson asked for further comments and there were none. D. CLOSE PUBLIC HEARING The Chairman called for a motion to close the hearing. It was moved by Jeri Thornsberry and seconded by Gary Rankin to close the public hearing. Motion carried. E. MOTION TO PUBLISH INITIAL SUBCOMMITTEE RECOMMENDATIONS ON FEBRUARY 5,2012 PRIOR TO NEXT HEARING ON FEBRUARY 21,2012. It was moved by Bob Reisinger and seconded by Gary Rankin to publish the subcommittee recommendation for the use of CDBG and HOME Program funding on February 5,2012 prior to the next hearing scheduled for February 21,2012. Chairman Johnson then advised the subcommittee will make an initial recommendation to the full Board. This recommendation will be published, and the Chairman asked that this information be emailed to all Board members prior to publication in the Courier. All applicants that have applied for funding will also be notified. The Chairman noted there would be a second public hearing on February 21St, so if your project has not been funded and you wish to address the Board with your comments you will have another opportunity to do so. Ultimately, at the end of that meeting the full Board will then make a recommendation to the City Council. The Council will have the final say at their public hearing scheduled for April 16, 2012. The Chairman called for a voice vote and received five Ayes. The motion carried unanimously. F. ADJOURN Chairman Johnson thanked everyone for attending and with no further business adjourned the meeting. Respectfully submitted, Robert J. Reisinger, Board Secretary A February 20, 2012 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m. , on Monday, February 20, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Rudy Jones, Community Development Director. 137446 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 20, 2012, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 137447 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 13, 2012, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 137448 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-69, dated February 20, 2012, in the amount of $753, 810. 99, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2012-150. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $1,500.00 with Walgreens 7455 of 111 W. Ridgeway Avenue, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age- Submitted by David R. Zellhoefer, Assistant City Attorney. Resolution adopted and upon approval by Mayor assigned No. 2012-151. b. Motion to approve the following: Travel Requests Name & Title Amount not of Personnel Class/Meeting Destination Date (s) to Exceed 1. Steve Carey; Confined Space Albert February $582.50 one instructor Rescue Class (24 City, Iowa 14-16, hour) 2012 2. Nancy Gulick, Program Austin, April $3, 040.00 i Community Manager's School Texas 15-18, Development 2012 j Coordinator; Mark Boesen, Rehab Manager 3. Wayne Castle, Iowa Water Ames, Iowa March 6- $490.00 Associate Conference 7, 2012 Engineer; Phillip Schuppert, Storm Water Specialist 4. 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Roll call vote-Ayes: Seven. Motion carried. 137453 - Hart/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 424 to Section 2A-5, Rezoning Certain Property in conjunction with Request of FEPH-Acquisitions Fund II, LLC to rezone 4.58 acres from "C-2" Commercial District and "R-3" Multiple Residence District to "C-P" Planned Commercial District, to allow for the construction of a new 13,225 square foot CVS Pharmacy Store, as well as a future 18, 761 square foot retail building, for property generally located at the northeast corner of East lst Street and Franklin Street, more commonly known as the Immanuel, Lutheran Church and School site", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Ordinance adopted p and upon approval by Mayor assigned No. 5093. 137454 - Schmitt/Hart that proof of publication of notice of public hearing on Request of FEPH- Acquisitions Fund II, LLC to vacate portions of Walnut Street and Almond Street right-of-way to allow for the construction of a new CVS Pharmacy, as published in the Waterloo Courier on February 15, 2012, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137455 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Hart i that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote- Ayes: Seven. Motion carried. 137456 - Schmitt/Hart that "an Ordinance vacating portions of Walnut Street and Almond Street right- of-way in conjunction with Request of FEPH-Acquisitions Fund II, LLC to vacate portions of Walnut Street and Almond Street right-of-way to allow for the construction of a new CVS Pharmacy", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 137457 - Schmitt/Hart I ' that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 137458 - Schmitt/Hart that "an Ordinance vacating portions of Walnut Street and Almond Street right- of-way in conjunction with Request of FEPH-Acquisit ions Fund II, LLC to vacate portions of Walnut Street and Almond Street right-of-way to allow for the construction of a new CVS Pharmacy", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5094 . 137459 - Schmitt/Hart that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Request of FEPH-Acquisit ions Fund II, LLC to vacate portions of Walnut Street and Almond Street right-of-way to allow for the construction of a new CVS Pharmacy", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-152. 137460 - Cole/Hart that proof of publication of notice of public hearing on Development Agreement with FEPH-Acquisitions Fund II, LLC for the sale and conveyance of city-owned property for $1.00, generally located at the northeast corner of Franklin Street and Highway 63, for the construction of a 13,225 square foot CVS Pharmacy with a minimum assessed value of $1,500, 000.00 and tax rebates for 6 years at 100 percent, as published in the Waterloo Courier on February 15, 2012, be received and placed on file. Voice vote-Ayes: Seven. 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Motion carried. 137469 - Schmitt/Greenwood that proof of publication of notice of public hearing on 2012 Sullivan Park Shelter Project, as published in the Waterloo Courier on February 7, 2012, be received and placed on file. Voice vote-Ayes: Seven. Motion carried, 137470 - This being the time and place of public hearing, the Mayor called for written and oral objections. Maxine Tisdale, 438 Cottage St. , spoke in support of the project. Schmitt/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137471 - Schmitt/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2012 Sullivan Park Shelter Project", be adopted. Roll call vote-Ayes: Seven. I Resolution adopted and upon approval by Mayor assigned No. 2012-157. 137472 - Schmitt/Greenwood that "Resolution ordering construction in conjunction with 2012 Sullivan Park Shelter Project", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-158. 137473 - Schmitt/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Paul Huting noted that the project will replace the existing shelter and should start this spring. Bidder Bid Bid Amount Security B & B Builders & Supply 5728 Sierra Drive 5% $51, 956.00 Waterloo, Iowa 50701 Voice vote-Ayes: Seven. Motion carried. 137474 - Jones/Hart that proof of publication of notice of public hearing on F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784, as published in the Waterloo Courier on February 7, 2012, be received and placed on file. Voice vote-Ayes: Seven. 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PO Box 2620 5% $89, 075.00 Waterloo, Iowa 50704 Voice vote-Ayes: Seven. Motion carried. 137483 - Getty/Hart that proof of publication of notice of public hearing on Request for Proposals I for Asbestos Survey Services for the following properties: 320 West 2nd Street and 218 West Mullan Avenue, as published in the Waterloo Courier on February 15, 2012, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137484 - This being the time and place of public hearing, the Mayor called for written and oral objections. Getty/Hart that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 137485 - Getty/Hart that "Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Asbestos Survey Services for the following properties: 320 West 2nd Street and 218 West Mullan Avenue", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-163. 137486 - Getty/Hart that "Resolution authorizing to proceed in conjunction with Request for Proposals for Asbestos Survey Services for the following properties: 320 West 2nd Street and 218 West Mullan Avenue", be adopted. Roll call vote-Ayes: Seven, Resolution adopted and upon approval by Mayor assigned No. 2012-164. 137487 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Bidder Bid Bid Security Amount ATC Associates Inc. 223 E. 4 t Street, Suite D 5% $1, 195.00 Waterloo, Iowa 50703 Hawkeye Environmental LLC 814 Wood Lily Road $80.00 $1, 600.00 Solon, Iowa 52333 Voice vote-Ayes: Seven. Motion carried. 137488 - Hart/Welper that proof of publication of notice of public hearing on Request for Proposals for . Demolition and Site Clearance Services (no regulated asbestos-containing materials) for the following properties: 212, 302, 306-308 and 312 Jefferson Streets; 319 West 2nd Street (Sports-Plex Area) , as published in the Waterloo Courier on February 15, 2012, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137489 - This being the time and place of public hearing, the Mayor called for written and oral objections. Hart/Welper that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 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Jones, Community Development Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-169. 137496 - Greenwood/Schmitt that "Resolution approving Second Amendment to Option and Lease Agreement with New Cingular Wireless, PCS, LLC for the lease of a cellular tower near the Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said document-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-170. 137497 - Greenwood/Schmitt that "Resolution approving request for a variance to the requirements of the Subdivision Ordinance in Section 2.3 (1) Final Plat Submittal, Section 5.1 Preliminary Plat requirements, and Section 5.2 Final Plat requirements for Preliminary and Final Plat of Waterloo Rx First and Franklin Subdivision- Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-171. 137498 - Greenwood/Schmitt that "Resolution approving the Preliminary and Final Plats, together with staff report, aerial photo of the area, Preliminary and Final Plats, Deed of Dedication and Report of the City Engineer in conjunction with Waterloo Rx First and Franklin Subdivision-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-172. 137499 - Schmitt/Welper that "Resolution approving Right-of-Way License Agreement with Cedar Falls Utilities to utilize public right-of-ways for the installation, operation and maintenance of a fiber optic network; and authorize Mayor to execute said document-Submitted by Eric Thorson, PE, City Engineer", be adopted. Roll call vote-Ayes: Seven. Mr. Jones disclosed that one of the businesses requesting is his employer but he has conferred with the City Attorney and does not have a conflict of interest. Resolution adopted and upon approval by Mayor assigned No. 2012-173. 137500 - Schmitt/Welper that "Resolution approving amended purchase price for the Purchase of a New Fire Truck from Marion Body Works of Marion, Wisconsin in the amount of $457, 167.00; and authorize Mayor and City Clerk to execute any necessary documents-Submitted by Pat Treloar, Chief of Fire Services", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-174 . 137501 - Schmitt/Welper that "Resolution approving and accepting certain acquisition contracts and certain deeds to sell real property to the City of Waterloo for the partial acquisition of right-of-way and temporary easements in conjunction with related to the East Donald Street reconstruction project between Logan Avenue (Highway 63) , eastward to Mildred Avenue from the following: Robert Shelburg in the amount of $165.95; Waltrust Properties, Inc. in the amount of $3, 070.07; David and Patricia Yossi in the amount of $100.00; Thompson Rental Holdings III, LLC in the amount of $218. 61; Avita Developments, LLC (Donated) ; and Stokes Development, LLC in the amount of $129.50; and authorize Mayor and City Clerk to execute any necessary documents-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-175. 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Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-181. 137510 - Hart/Welper to instruct Leisure Services Director to prepare plans, specifications, bid documents, etc. in conjunction with 2012 Right-of-Way Mowing, be approved. Voice vote-Ayes: Seven. Motion carried. I 137511 - Hart/Welper I i that plans, specifications, bid documents, etc. in conjunction with 2012 Right- of-Way Mowing, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137512 - Hart/Welper that "Resolution preliminarily approving plans, specifications, bid documents, etc. in conjunction with 2012 Right-of-Way Mowing", be adopted. Roll call vote- Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-182. 137513 - Hart/Welper that "Resolution setting date of hearing and bid opening as March 5, 2012; and instruct City Clerk to publish notice of plans, specifications, bid documents, etc. in conjunction with 2012 Right-of-Way Mowing", be adopted. Roll call vote- Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-183. ORAL PRESENTATIONS Lawrence Wheeler, 433 Bratnober, reported that his previous statements regarding crime activity were not .intended to be racial comments. He asked that the City make more of an effort to hire minorities. 137514 - Hart/Welper that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137515 - Hart/Welper that the council adjourn to Executive Session at 6.27 p.m. Roll call vote-Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of strategy in matters in litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (c) (2011) . E X E C U T I V E S E S S I O N 137516 - Hart/Jones that the council adjourn Executive Session at 6:51 p.m. Voice vote-Ayes: Seven. Motion carried. ADJOURNMENT 137517 - Hart/Welper that the Council adjourn at 6:51 p.m. Voice vote-Ayes: Seven. Motion carried. Suzy Schares City Clerk CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES s 3505 EASTON AVE. WATERLOO,1A 50702 (319)291-4553 FAX(319)291-4523 • s LARRY N.SMITH SUPERINTENDENT Council Communication ,gra},or City Council Meeting: 1/30/2012 J BUCK Prepared: 1/23/2012 CLARK Dept. Head Signature: J/�/ s # of Attachments: d� COUNCIL MEMBERS SUBJECT: Security Services ................... DAVID JONES Ward 1 Submitted by: Larry N. Smith CAROLYN COLE Recommended City Council Action: Requesting permission to seek bids to provide Ward 2 security services for the Waste Management Services Department. HAROLD GETTY Ward 3 QUENTIN Summary Statement: HART Ward 4 RON WELPER Expenditure Required: R'ard 5 BOB GREENWOOD Source of Funds: At-Large STEVE Policy Issue: SCHMITT Ai-Large Alternative: Background Information: Security services to be provided from 3:00pm- 7:00am daily. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319)291-4553 FAX(319)291-4523 + + LARRY N.SMITH SUPERINTENDENT Ma,,or TO WHOM IT MAY CONCERN: BUCK CLARK The Waste Management Services Department Waterloo, Iowa is seeking bids on security services for the Waterloo Waste Water Plant, Yard Waste site and surrounding areas. Please COUNCIL refer to the enclosed bid proposal document for the scope of services. Bids are due in the City MEMBERS Clerks office by 4:00 pm Monday February 27, 2012 and will be opened at the City Council """""` meeting at 5:30 pm in City Hall 715 Mulberry,Waterloo,Iowa 50703. DAVID ,TONES If you have any questions on the bid document,please contact my office at 291-4553. Ward 1 CAROLYN Sincerely, COLE w'ard 2 HAROLD Larry N. Smith, Superintendent GETTY Waste Management Services Dept. PVard 3 City of Waterloo,Iowa QUENTIN HART f4'ard 4 RON WELPER i4ard 5 BOB GREENWOOD At-Large STEVE SCHMITT Ar-Large 6 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer PROPOSAL TO PROVIDE SECURITY SERVICES FOR THE WASTE MANAGEMENT SERVICES DEPARTMENT, CITY OF WATERLOO,IOWA REQUEST FOR BID PROPOSALS The undersigned being a corporation existing under the laws of the State of Iowa;a partnership consisting of the following partners , or an individual doing business as ,being fully familiar with the specifications affecting the cost of this service, (hereinafter"Contractor")hereby offers to furnish said service to the Waste Management Services City of Waterloo Iowa SUBMISSION OF BID PROPOSALS Sealed bid proposals shall be received by Waterloo City Clerk 715 Mulberry St. Waterloo, Iowa 50703 by 4:00 PM Monday February 27th 2012, any proposal submitted after the specified time shall be rejected. SCOPE OF SERVICES 1. General Contractor shall be responsible for providing security at the Waterloo Waste Water Plant, Yard Waste site and surrounding areas. 2. Hours of(fin .ration Contractor shall provide one (1) person with one (1)mobile phone, said person attired in a uniform style shirt with security officer patches/badges and dark trousers primary work area will be the guardhouse located within the parameter of the Waste Water Plant. Additional seasonal work maybe required at the yard waste site located within view of the guardhouse. Normal hours of operation for security purposes will be 2:30 pm until 7:00 am the following day 365 days per year. Contractor shall keep a daily,the purpose being for City's reference and billing purposes,among others. The daily log shall be submitted upon the end of the shift. 3. Duties, Contractor's duties shall include,but not to be limited to the following: A. Will report to shift operator prior to 1500 hours. B. Note any suspicious activity and take action, as deemed appropriate and necessary. C. Make a round of the plant facilities by 1800 hours to insure doors are locked in appropriate buildings. D. Immediately report to appropriate law enforcement, including the Waterloo Police Department any crime occurring in the areas for which Contractor is responsible. Contractor shall further report to the Superintendent of Waste Manage Services or their designee by the next business day after the occurrence of said crime(s) about any crimes occurring in the area for which it is providing security. 1 E. Contractor will be responsible answer after hour calls and call appropriate on call person F. Contactor will monitor the alarm SCADA system for Waste Management Services Department and take appropriate action. 4. Financial Resj)onsibili Contractor shall provide to City proof of certificate of insurance naming the city of Waterloo as additional insured, including liability coverage in an amount not less than Five Million Dollars($5,000,000)and Worker's Compensation as required by law. 5. Sul ervision Contractor shall have a supervisor accessible to City at all times of operation. Contractor shall also designate an administrative contact person who shall be the one responsible for all communication and correspondence. 6. Contract Length This Agreement shall be valid for one year, renewable for an additional year if the parties can reach mutual agreement on the terms. Services are to commence on July 1, 2010. Waste Management Services Department reserves the right to adjust the contract hours by providing at least seven (7) days written notice to Contractor of said intent. If this right is exercised,the remaining portion of this Agreement shall remain in full force and effect until the termination of this Agreement,which shall be 7. Communication All written communication shall be to Larry Smith, Superintendent Waste Management Services Department City of Waterloo Iowa or by phone 319-291-4553. 8. Cancellation Waste Management Services Department City of Waterloo Iowa may cancel this Agreement by providing written notice of said intent at least thirty (30) days prior to said cancellation. This Agreement may also be canceled in the event any of the provisions of this Agreement are unfulfilled by Contractor. 9. Modification No provision of this Agreement may be modified unless there is written mutual agreement between the parties. 10. Assig ment There shall be no assignment of this Agreement without prior written approval of the City Council City of Waterloo,Iowa. 2 GENERAL REQUIREMENTS FOR SUBMISSION OF BID PROPOSALS All bid proposals must be submitted to the City Clerk of Waterloo Iowa in a sealed envelope clearly marked as follows: "BID PROPOSAL FOR SECURITY SERVICES AT THE WASTE MANAGEMENT SERVICES DEPARTMENT CITY OF WATERLOO,IOWA". The name of the business submitting the bid proposal must also be clearly marked on the envelope. All bid proposals must meet or exceed minimum specifications as previously defined. Bid proposals that do not meet or exceed the minimum specifications, as determined by Waste Management Services, shall be rejected. All bid proposal prices, upon submission by bidder, are recognized by the Waste Management Services Department and vendor to be irrevocable for thirty(30)days. The bidder shall specify any deviations that he/she proposes from the above specifications in the same sequence as stated in said specifications. By attachment, the listed deviations become a part of this bid. The Waste Management Services Department reserves the right to reject any and all bid proposals, or any and all parts of a bid proposal. Upon acceptance of the bid proposal by the Waterloo City Council notification will made to contractor a copy of this proposal bearing the Mayor and City Clerk of Waterloo, Iowa, signature shall constitute acceptance of the bid proposal and,therefore,be a legal binding agreement. OPENING AND ACCEPTANCE OF BID PROPOSALS Sealed bid proposals will be opened and read at the City Council Meeting Monday February 27th in the City Hall Council Chambers at 715 Mulberry St. Waterloo, Iowa, and all bidders understand that they may be in attendance at the bid ro osal opening. P p Bid proposals will be acted on by the Waterloo City Council at their next regularly scheduled meeting. PAYMENT PROCEDURE Payments to the Contractor shall be made on a monthly basis. Payments will be made within fifteen(15)days of the submittal of an invoice for the actual hours provided by the Contractor. The statement s her of hour,-,being billed and hourly rate. Invoices shall be mailed to: Waste Management Services Department City of Waterloo Iowa, 3505 Easton Ave Waterloo Iowa.50702 3 PROPOSAL PRICE Hourly Est.Yearly Total Annual Cost Hours �t Security Services (Per person hour) This bidder, having fully read this document, hereby acknowledges that this bid proposal completely reflects the total bid as contained herein. Name of Company By: Title Address City, State&zip code Telephone No. 4 CITY OF WATERLOO Council Communication City Council Meeting: 2/27/12 Prepared: 2/17/12 Dept. Head Signature: PH # of Attachments: 1 SUBJECT: Resolution-to approve fee for sports and aquatics programs for Spring 2012-Winter 2013. A copy of the proposed fees is attached Submitted by: Mark Gallagher, Sports Manager Recommended City Council Action: Pass said Resolution Summary Statement: Fees are recommended to the Leisure Services Commission for approval. The Leisure Services Commission approved the recommendations at their meeting on 2/14/12. Expenditure Required NA Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: The Leisure Services Commission approved the recommendations at their meeting on 2/14/12. WATERLOO LEISURE SERVICES SPORTS FEES PROPOSAL -- SPRING 2012-WINTER 2013 Miscellaneous Spring/Summer Programs 11-12 actual 12-13 proposed Sports Sampler $35 $35 Adult Kickball League $50/team $50/team Cheerleading Camp $15 $15 Katoski/Kiwanis Pee Wee Golf Classic $12 $12 Elks Youth Golf Classic $5 $5 Hershey Track Meet(sponsored by Gates Park Optimist Club) FREE FREE Summer Slam Basketball Tourney $40/team $40/team Diamond Reservations $5/hour $5/hour Outdoor Adventurers I----- need for increased staffing $30 $35 Outdoor Adventurers II ----need for increased staffing $30 $35 Cedar Valley Track Meet $6 $6 Summer Hoops League(W/YES+) $20 $20 Outdoor Soccer League (P/K& 1 st/2nd) $30 $30 Baseball/Softball Programs 11-12 actual 12-13 proposed Pitching/Catching Clinic $30 $30 Pre-K Tee-Ball--- Rookie League (sponsored by Waterloo Rotary Club) $30 $30 1st Grade Beginning Baseball/Softball---A League(sponsored by Waterloo Rotary Club) $30 $30 2nd-3rd Grade Baseball/Softball---AA League(sponsored by Waterloo Optimist Club) $55 $55 4th-5th Grade Baseball/Softball---AAA League(sponsored by Waterloo Optimist Club) $55 $55 6th-8th Grade Baseball/Softball---Major League(sponsored by Waterloo Optimist Club) $60 $60 Aquatics Programs 11-12 actual 12-13 proposed Daily Admissions (4 Years and above) $3.00 $3.00 Daily Admissions (under 4 years) $0.50 $1.00 Family Night Admission $7.00/family $7.00/family Pre-School Swim $2.00 $2.00 Doggie Swim $5/dog $5/dog *Family Season Pass(up to five family members) $99 $99 Fee for additional Family member $10 $10 *Individual Season Pass $44 $44 *Senior Season Pass (over 62 years) $10 $10 10 Punch Pass $25 $25 Pre-Paid Pass (used by youth serving agencies and day cares) $2 $2 Replacement Pass $7.50 $7.50 Gates Pool Rental (under 100 swimmers) $175 $175 Gates Pool Rental (over 100 swimmers) $200 $200 Learn to Swim Program ---- increassed staff costs $30 $35 Learn to Swim Program -Infant&Toddler---- increased staff costs $15 $20 Learn to Swim Program -Pre School ----increased staff costs $25 $30 American Red Cross Guard Start $25 $25 American Red Cross Junior Lifeguarding Program $30 $30 Tennis Programs 11-12 actual 12.13 proposed Net Stars $25 $25 National Junior Tennis League (NJTL) (sponsored by Metropolitan Tennis Association) $30 $30 Junior Team Tennis $35 $35 Tournament Group $45 $45 Evening Youth Tennis Lessons $25 $25 August Tennis Camp $20 $20 Miscellaneous Fall/Winter Programs 11-12 actual 12-13 proposed 1st-6th Flag Football (spons.Waterloo Optimist Club)--increased uniform costs+ additional games $40 $45 Pee Wee Football Camp $25 $25 Adult Volleyball League(single season) $95 $95 Adult Volleyball League(both seasons) $160 $160 Adult Basketball League $325/team $325 Adult Dodgeball Leagues $75/team $75/team High School Co-Ed Volleyball League $40/team $40/team Junior High Volleyball League $40/team $40/team Holiday Open Gyms $1/visit $1/visit 3rd-6th Grade Youth Volleyball ----increased meetings $20 $25 Pre-2nd Indoor Soccer $25 $25 Pre-K Jr. NBA/WNBA Youth Basketball (sponsored by Waterloo Optimist Club) $25 $25 1st Jr. NBA/WNBA Youth Basketball (sponsored by Waterloo Optimist Club) $25 $25 2rd-3rd Jr. NBA/WNBA Youth Basketball (spons. by Waterloo Optimist Club)--increased meetings $30 $35 4th-6th Jr. NBA/WNBA Youth Basketball (sponsored by Waterloo Optimist Club) $45 $45 Whiffle Ball League $30/team $30/team Jr. Olympics Skills Competitions FREE FREE Start Smart $25 $25 Start Smart Indoor Tee-Ball $25 $25 Turkey Shoot(sponsored by Waterloo Optimist Club) FREE FREE 3 on 3 Basketball Tourney $25/team $25/TEAM Wrestling Clinic $20 $20 IPRA Spot Shot $5 $5 High School Dodgeball Tournament $20/team $20/team Spring Break Sports Camps (K-2nd) $25 $25 Spring Break Sports Camps (3rd-5th) $30 $30 *Season pool passes are proposed to be sold with a 10%discount if purchased by April 30 CITY OF WATERLOO Council Communication City Council Meeting: February ►, 2012 Prepared: February 10, 2012 Signature: Daniel Trelka ' # of Attachments: 7 SUBJECT: Automobile Lease Agreement between Waterloo Police Department/City of Waterloo and C & S Car Company Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Adopt a resolution authorizing Mayor Clark and City Clerk Suzy Shares to sign the attached lease from C & S Car Company Summary Statement: On September 12, 2011, City Council approved a six- month lease between Waterloo Police Department/City of Waterloo and C & S Car Company. On February 8, 2012, we were informed that C & S Car Company sold the vehicle and is replacing it with another vehicle. We are requesting that City Council approve the new Automobile Lease Agreement between C & S Car Company and the City of Waterloo, allowing Mayor Clark and Suzy Schares to sign said agreement. The lease will run from February 20, 2012 to August 20, 2012. Expenditure Required: No financial contribution is needed by the City of Waterloo Source of Funds: N/A Policy Issues: N/A Alternative: N/A Background Information: AUTOMOBILE LEASE AGREEMENT This Agreement is made and entered into this day of February, 2012, by and between C & S Car Company Hyundai Mazda Subaru, with its principal place of business at 812 Washington Street, Waterloo, Iowa (the Lessor) and the City of Waterloo, Iowa, a municipal corporation duly organized under the laws of the State of Iowa, (the Lessee), whose address for purposes of this Lease Agreement is 715 Mulberry Street, Waterloo, Iowa, 50703. RECITALS WHEREAS, C & S Car Company Hyundai Mazda Subaru is in the business of selling motor vehicles; and WHEREAS, C & S Car Company Hyundai Mazda Subaru is desirous of leasing to the City's Police Department, a white 2012 Hyundai Santa Fe; VIN 5XYZG3AB9CG122939 and WHEREAS, City is in need of a vehicle for the purposes of its Life Skills Program. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: TERMS 1. LEASE. The Lessor leases to the Lessee the motor vehicle described above from February 20th, 2012, to August 20th, 2012, unless the Lessor shall extend this Lease Agreement. 2. VEHICLE USE. (a) The Lessee shall not use or permit any leased vehicle to be used for any illegal purpose or for the transportation of any material deemed extra hazardous by reason of being explosive or flammable. The Lessee shall reimburse the Lessor for all damages sustained by the Lessor as a result of such use. The Lessee shall also reimburse the Lessor for any vehicle confiscated by any governmental agency, or other expense incurred as a result thereof, whenever such confiscation or expense is caused by the illegal use of such vehicle by the Lessee. (b) Without the permission of the Lessor, the Lessee shall not leave the State of Iowa with the leased vehicle. (c) The Lessee shall not overload the leased vehicle beyond its specified carrying capacity nor operate the vehicle on flat or insufficiently inflated tires. - 1 - (d) The Lessor shall not be responsible for loss or damage to any goods or other property placed or carried in any leased vehicle arising from any cause whatsoever. (e) The Lessee shall not accrue more than 4,000 miles on.the vehicle in any six (6) month period. 3. OPERATION. (a) The leased vehicle shall be operated by a safe, competent, and duly licensed driver selected, employed, and under the supervision of, and paid by the Lessee. Upon the Lessor's complaint specifying any reckless, careless, or abusive handling of any vehicle by a driver, the Lessee shall investigate the complaint, and if warranted, remove the driver and replace him or her with a competent substitute. (b) The Lessee and its drivers shall be solely responsible for individual fines and penalties for parking or traffic violations. If the Lessor is required to pay any fine or summons, it may bill the Lessee for them. 4. MAINTENANCE OF THE VEHICLE. The Lessee will bear all expense of maintaining the leased vehicle in good and operating condition. If the necessary repairs exceed the amount of $100.00 in any one given month, the Lessee will first consult the Lessor whose written instructions with regard to repair will be followed. 5. LIABILITY. The Lessee shall be liable for all damages caused by collision, upset, or overturn of the leased vehicle and all damaged caused by each instance of a hazard covered under standard comprehensive fire and theft coverage. 6. INSURANCE. (a) The Lessee, at its own expense shall insure the leased vehicle against all loss and carry liability insurance in limits of not less that $1,000,000 for any one person injured or killed, not less than $1,000,000 for more than one person in any one accident and not less than $100,000 for damage to property of others in any one accident. (b) The Lessee shall comply with all the terms and conditions of the insurance policies covering the leased vehicle and give the Lessor and the appropriate insurance carrier, within 24 hours of any accident involving a leased vehicle, a written report of such accident. The Lessee shall cooperate with the insurance carrier and the Lessor in the prosecution and defense of any and all claims arising out of the use of the leased vehicle. (c) The parties agree that the comprehensive coverage of the policy as to collision and other damages may be provided by the Lessee through its own self- insured program. -2 - 7. THE LESSEE'S DUTIES. At its own expense, the Lessee shall: (a) Notify the Lessor immediately as to any damage caused to the leased vehicle; (b) Periodically wash the leased vehicle, and keep it clean, both inside and out; (c) Supply the necessary gasoline, oil, with Hyundai oil filter and lubricants for its operation; (d) Check the leased vehicle for antifreeze and oil and add, if necessary; the Lessee will be solely responsible for damages caused by lack of oil, lubricants, or antifreeze; (e) Check the tires of the vehicle for proper inflation; the Lessee will be solely responsible for tire damage due to improper inflation; (f) Carry sufficient Workers' Compensation or other work-related injury/disability insurance coverage for the Lessee's drivers and other employees operating the leased vehicle. 8. LICENSE AND REGISTRATION. The leased vehicle shall bear a license plate, and title to it shall be registered in the name of the Lessor. All expenses incurred in licensing and registering the leased vehicle shall be borne by the Lessee. Lessor shall license the vehicle in its name, and Lessee shall furnish a copy of the title, lease agreement, application for registration, and state plates to the Iowa Department of Transportation. 9. OWNERSHIP. This is a lease contract only and the Lessee acquires no ownership, title, property rights, or interest in or to the leased vehicle, except that which is consistent with the provisions of this Lease Agreement. 10. RETURN. Upon the termination of this lease, the leased vehicle, at the expense of the Lessee shall be returned to the Lessor's place of business in good condition, reasonable wear and tear excepted. Lessee will be responsible for removal of any logos added to the vehicle. 11. INSPECTION. The Lessee shall permit the Lessor and/or its agents at all times to inspect and examine the leased vehicles and permit the Lessor at any time to replace any such vehicle with one of like make and body. 12. EXTENSION OF THE LEASE TERM. On August 20th, 2012, the Lessor may opt to extend the lease by an express written amendment to this Lease Agreement. If the Lessor does not exercise the option, the lease will terminate and the City shall return to the Lessor the vehicle excluding ordinary wear and tear for the -3 - purpose which it is used. The Lessor agrees that the City may affix the SRO (School Resource Officer) logo by paint or otherwise and any other body and paint modifications approved by the Lessor at the time of the initiation of this lease agreement. 13. Without the prior permission of the Lessor, the Lessee shall not be permitted to assign or sublet the vehicle. 14. WAIVER. The failure of either party in any one or more instance to insist upon the performance of any of the terms, covenants, or conditions of this lease, or to exercise any right or privilege in this lease conferred, or the waiver of any breach of any of the terms, covenants, or conditions of this lease, shall not be construed as thereafter waiving any such terms, covenants, conditions, rights, or privileges, all of which shall continue and remain in full force and effect, as if no such forbearance or waiver had occurred. 15. INDEMNITY. The Lessor does not assume any liability for any acts or omissions of the Lessee or the Lessee's drivers, agents, or employees. The Lessee hereby releases the Lessor and agrees to indemnify the Lessor and hold it harmless from any and all claims against the Lessor of any kind or nature whatsoever, arising out of or resulting from the use and/or operation of the leased vehicle by the Lessee, including any expenses and attorney's fees which the Lessor may incur in defending any such claims, except such claims or portions thereof as are covered by applicable insurance as otherwise herein provided. 16. BINDING EFFECT. This lease shall be binding upon and inure to the benefit of the parties hereto, their successors, legal representatives, and assigns. The Lessee may not assign, pledge, or otherwise encumber this lease or any interest therein or sublet the leased vehicle without the Lessor's written consent, nor shall the Lessee encumber or otherwise cause any lien to be placed against the leased vehicles, or abandon or conceal the leased vehicles. 17. ENTIRE AGREEMENT. This lease together with Schedule A represents the entire agreement between the parties. All prior negotiations have been merged into this lease and there are no understandings, representations, or agreements, oral or written, express or implied, other than those set forth herein. This lease shall not be modified or amended except by an agreement in writing signed by the parties. 18. NOTICES. All notices required to be given under the terms of this lease shall be in writing and shall be sent by United States registered mail or certified mail addressed to the party to be notified at its address as above stated. For the Lessee, Chief of Police or Captain Pillack, Waterloo Police Department, 715 Mulberry Street, Waterloo, Iowa, 50703, telephone number (319) 291-4339. For the Lessor, George Cooley or his designee, C & S Car Company Hyundai Mazda Subaru, 812 Washington Street, Waterloo, Iowa, 50702, telephone number (319) 291-7321. -4- 19. GOVERNING LAW. This lease shall in all respects be governed by and construed in accordance with the laws of the State of Iowa. 20. HEADINGS. Headings in this lease are for convenience only and shall not be used to interpret or construe its provisions. 21. COUNTERPARTS. This lease may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first written above. DATED this day of February, 2012. CITY OF WATERLOO, IOWA The Lessee By: Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk STATE OF IOWA ) ss: BLACK HAWK COUNTY ) On this day of February, 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa; and that the seal affixed to the foregoing instrument is the corporate sale of the corporation, and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council as contained in the Resolution adopted by the City Council, under Council Action No. of the City Council on the day of February, 2012, and that Ernest G. Clark and Suzy Schares acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and for the State of Iowa - 5 - C & S CAR COMPANY HYUNDAI MAZDA SUBARU The Lessor By: STATE OF IOWA ) ss: BLACK HAWK COUNTY ) On this day of February, 2012, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa -6 - SCHEDULE A 2012 Hyundai Santa Fe, VIN # 5XYZG3AB9CG122939 CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT • 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 . • NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: 2/27/12 BUCK ' CLARK Prepared: 2/21/12 Dept. Head Signature: (� f # of Attachments: 8 COUNCIL MEMBERS "' SUBJECT: Request to approve First Amendment to Contract for Demolition DAVID and Site Clearance Services (no RACK Group 2 dated November 14, 2011 for ,TONES demolition and site clearance services pertaining to the City of Waterloo's Hazard Ward r Mitigation Grant Program (HM.GP) to authorize Change Order No. 1 for a net CAROLYN decrease of$9,845.25 for work performed by McClain& Co., Inc. under the COLE Contract, with a revised contract limit and total actual expenses allowed by the Ward z Contract not to exceed $53,405.25. HAROLD GETTY Submitted by: Aric Schroeder, City Planner Ward 3 Recommended City Council Action:Approve the First Amendment to Contract, HARTHand authorize the Mayor and City Clerk to sign said Amendment. ART Ward 4 Summary Statement: This Contract provides demolition and site clearance services RON for properties acquired as part of the HMGP Property Acquisition Project. On of the WELDER properties included in this Contract was 180 Sans Souci Drive. The Contractor Ward 5 included a bid of$16,500.25 to complete all demolition and site clearance work for BOB that property. After acceptance of the bid and award of the Contract, the property in GREENWOOD question was destroyed by fire, eliminating much of the work that would have been At-Large required under the Contract. FEMA representatives, who oversee the project and STEVE because the project is primarily funded by FEMA required that the Contractor SCHMITT submit a revised bid for the property in question, and staff and the FEMA At-Large representatives have reviewed the revised bid for the property in question and have determined that the revised costs, which are decreased by$9,845.25, were acceptable. Expenditure Required: Total not to exceed Contract amount is being decreased $9,845.25 from $63,250.50 to$53,405.25. Source of Funds: FEMA Public Assistance (PA) Project Worksheet02RJD73 Policy Issue: Contract amendment/change order for a decrease in the contract limits. Alternative: N/A CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Background Information: On 1/20/09 the City Council authorized the submittal of an application to apply for Hazard Mitigation Grant Program (HMGP) 1763 Structural Acquisition (Buy Out) funds through the Iowa Homeland Security and Emergency Management Division (HSEMD). On 7/17/09 the City of Waterloo received official notice that the City was awarded funding under the program in accordance with the scope of work and budget that was included in our application that was submitted and approved by HSEMD and FEMA. On 8/3/09 the City Council authorized the agreement between HSEMD and the City of Waterloo, which has subsequently been executed. The total HMGP Property Acquisition (Buy Out) budget is $4,859,419.00 (based on recent de- obligation), with funding from HSEMD for up to 75% of the total project budget, and funding from the Iowa Department of Economic Development (IDED) through a Supplemental Community Development Block Grant (CDBG) for 25% of the total project, including the 10% State portion and the required 15% local match. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. X5121- 5207 provides for the FEMA Public Assistance (PA) Program. The PA Program funds multiple disaster recovery activities, such as asbestos abatement. Sections 403 Essential Assistance and 404 Hazard Mitigation provide funding for demolitions associated with a HMGP Property Acquisition (Buy Out) Program. With this disaster (DR-1763) the program is funded 90% Federal share and 10% State share, with no required local match. Unlike the HMGP Program, with the PA Program communities are not issued an award, but all eligible expenses will be reimbursed through Project Worksheets (PW's). Therefore expenses related to the demolition of acquired properties, including administration and contractual expense (which would include a demolition contract) will be eligible for reimbursement through the FEMA PA Program. On 11/14/11 the City Council awarded a contract for demolition and site clearance services (no RACM) group 2 in connection with the HMGP Project to McClain& Co., Inc. The RFP that was used to solicit bids included a detailed scope of work, and provided wording on the ability to submit a request for change order if the scope of work is to be changed. Staff has reviewed the proposed change order and amendment to the contract with officials from the State of Iowa Homeland Security and Emergency management Division, which oversees the project and funds paying for the project, and they have concluded that the City has provided sufficient justification for the change order. If you have any questions or need any additional information on this matter, please contact our office. CC: Noel Anderson,Community Planning&Development Director Path: K:\USERS\ARIGS\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Services\02.21-12 Council Communication for First Amendment to Contract for Demolition Services no-RACM Group 2 for HMGP.doc FIRST AMENDMENT TO CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES (NO RACM) GROUP 2 This First Amendment to Contract for Demolition and Site Clearance Services (No RACM) Group 2 is made as of the latest date set forth below by and between the City of Waterloo, Iowa ("City") and McClain& Co., Inc. ("Contractor"). WITNESSETH: WHEREAS, the City and the Contractor have heretofore entered into a certain Contract for Demolition and Site Clearance Services [no Regulated Asbestos Containing Materials (no RACM) Group 2] dated November 14, 2011 (the "Contract") for the Contractor to provide demolition and site clearance services to the City pertaining to the City of Waterloo's Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and, WHEREAS, pursuant to the Contract, the Contract may not be modified or amended except pursuant to the mutual written agreement of the parties; and, WHEREAS, the Contract Limit (as defined in the Contract) was tabulated from individual bid tabs for each of the ten (10) properties included in the Contract, including $16,500.25 for 180 Sans Souci Drive; and, WHEREAS, on or about November 28, 2011 180 Sans Souci Drive was significantly fire damaged, essentially completely burning to the ground leaving minimal amounts of construction and demolition(C&D) debris needing to be removed by the Contractor; and, WHEREAS, the Contractor has provided a revised bid tab for 180 Sans Souci Drive for Change Order No. 1, as set forth on Exhibit "A" attached hereto, with a revised total for said property of $6,655.00 a net decrease of$9,845.25 for work performed under the Contract. NOW, THEREFORE, the parties hereby amend the Contract to approve Change Order No. 1 with a next decrease of $9,845.25 for work performed under the Contract, for a revised Contract Limit and total actual expenses allowed by the Agreement not to exceed $53,405.25. All other terms and conditions of the Contract shall remain in full force and effect, without modification. IN WITNESS WHEREOF, the parties have caused this First Amendment to Contract for Demolition and Site Clearance Services (no RACM) Group 2 to be executed by their duly authorized representatives. CITY OF WATERLOO, IOWA MCCLAIN& CO., INC. By: By: r _ Ernest G. Clark, Mayor Ken Huntley, Authorized Representative Date: Date: -=?Ziezl Attest: Suzy Schares, City Clerk OO 2 co eo :-1 p to a w ro 0 0 COo n w Z -{ O O O O O. 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N (n Z O N C _ w .�+ zr 'gym iD Q QN Or 0 (N C LO ' <N y m O- Q fv C ^' 'U 'U Z �D O =rO Q. C o s o �, -{ 0 o m mm 0 CD m m 6 m 0 O 0 0 0 � n m°' n m N Z m CD a m m m '� O C 6 0 0 a O CL f }�. r 3 0 fn QCD N 0 �3p0o _. CCL D _• e n ' m m m �m m cfl CD m m m rn m CD o Q m n ci m Cl < w -1 0 no asC o E m F+N x fi3 b3 {i3 fA 4A C O L* Q.O CD O m 'U to C 3 m m O- ID m m v� Cl 3 O CD tD O N n ;� ; o ; 1 --m m-i c '^ �o o Q r .4 �v in 0a o- m m -o N. N 63 (a fp 14 H3 V3 fA 6% (f3 m m O N s CD m N O N < m C 0 to CF jF M Cm m m N i CD --1 < m 3<m.. c ED 10, `\ \ mm a m W C7 m �! O m m CD o CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES GROUP 2 [no Regulated Asbestos Containing Materials(no RACM)] This Contract for Demolition and Site Clearance Services(no RACM)Group 2(the "Contract")is entered into as of November 14,2011,by and between the City of Waterloo,Iowa ("City")and McClain&Co.,Inc. ("Contractor"). In consideration of the mutual promises exchanged herein,the parties agree as follows: 1. Services. For a period of five(5)months after the date of this Contract, subject to extension upon the mutual written agreement of the parties,the Contractor agrees to furnish all supervision,technical personnel,labor,materials,tools,machinery, services,and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents(defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFP response. Contractor will be paid separately for each property for which services are performed and accepted. Contractor's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within sixty(60) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed,for all permits, licenses, inspections,for complying with all laws,rules,regulations and ordinances, including safety, and for furnishing all materials,equipment and labor to complete the work,in accordance with the specifications. 2. Contract Documents. The following documents(collectively,the"Contract Documents")are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response(Proposal)from the Contractor,including Bid Tabulation d. Specifications for Demolition and Site Clearance e. Signature Page f. Building Demolition Insurance Requirements In the event of conflict between the provisions of the Contract Documents and this Contract,the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed$63,250.50 as provided in the Bid Tabulation that is part of Contractor's RFP Response referenced in Section 2.c above, except by written amendment as provided herein.. 3. AApMval;Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed with respect to any particular property or set of properties. The work shall commence within seven(7)days after the City has issued a Notice to Proceed with respect to any particular property or set of properties,and all work shall be completed and delivered within thirty(30)days after issuance of the Notice to Proceed. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent(100%)of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained,shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 4.1 Payment Bond. Contractor will be required to firrnish a payment bond in an amount equal to one hundred percent(100%)of the contract price, said bond to be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. 5. Reporting;Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project,including but not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor sha11 maintain all project records for a minimum period of three(3)years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record-retention period,Contractor shall make any or all project records available upon reasonable request, and in any event within two(2)business days of request,to City,Iowa Homeland Security and Emergency Management Division(HSEMD),the Federal Emergency Management Agency(FEMA),the Comptroller General of the United States,and any other agency of state or federal government, or the duly authorized representatives of any of the foregoing,that has provided funding or oversight for the HMGP property acquisition project, for the purpose of making audit,examination,excerpts and/or transcriptions. For purposes of this section,"records"means any and all books,documents,papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish,upon termination of this Contract and upon demand by the City,copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract,without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract.In such event,the Contractor shall not be liable for the City's use of such documents on other projects. 6. Government-Mandated Provisions. Because the project activity is funded by the federal government, federal law requires that the City's contracts relating to the project include certain provisions. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i). A. Remedies. See Section 8 below. 2 B. Termination for Cause and for Convenience. See Sections 8 and 9 below. C. Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled"Equal Employment Opportunity,"as amended by Executive Order 11375 of October 13, 1967,and as supplemented in Department of Labor regulations(41 CFR Chapter 60). (applies to all construction contracts awarded in excess of$10,000 by grantees and their contractors or subgrantees) D. Contractor shall comply with the Copeland"Anti-Kickback"Act(18 U.S.C. 874)as supplemented in Department of Labor regulations(29 CFR Part 3). (applies to all contracts and subcontracts for construction or repair) E. Contractor shall comply with the Davis-Bacon Act(40 U.S.C. 276a to 276A-7) as supplemented by Department of Labor regulations(29 CFR Part 5). (applies to construction contracts in excess of$2,000 awarded by grantees and subgrantees when required by federal grant program legislation,but does not apply to projects paid for with disaster funding) F. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-330)as supplemented by Department of Labor regulations(29 CFR Part 5). (applies to construction contracts awarded by grantees and subgrantees in excess of$2,000, and in excess of$2,500 for other contracts which involve the employment of mechanics or laborers) G. City's Reporting Regulations and Requirements. See Section 5 above. H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under this Contract,the Contractor is responsible for complying with requirements pertaining to patent rights, as defined by the awarding agency. With respect to any publication,documents, or data that arises or is developed in the course of or under this Contract,the Contractor is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. I. Access to Documents. See Section 5 above. I Retention of Documents. See Section 5 above. K. Contractor shall comply with all applicable standards,orders,or requirements issued under Section 306 of the Clean Air Act(42 U.S.C. 1857(h)), Section 508 of the Clean Water Act(33 U.S.C. 1368),Executive Order 11738,and Environmental Protection Agency regulations(40 CFR Part 15). (applies to contracts,subcontracts,and subgrants of amounts in excess of$100,000) L. Energy Efficiency Standards. Contractor shall comply with mandatory standards and policies relaxing to energy efficiency that are contained in the State Energy . Conservation Plan issued pursuant to the Energy Policy and Conservation Act(Pub.L. 94-163, 3 89 Stat. 871). [53 FR 8078, 8087,Mar. 11, 1988,as amended at 60 FR 19639, 19645,Apr. 19, 1995]. 7. Indemni . Except as to any negligence of City,its officials,officers,employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify US Government, FEMA,State of Iowa,and City,the officials,officers,employees,agencies and agents of each, and to hold same harmless,from and against any and all claims,demands,causes of action, losses,costs,or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury,including death, or property damage rising out of or resulting from the Contractor's operation under this Contract,whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 7.1 Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City,City has the option of having the damage repaired at the Contractor's expense,to be reimbursed to the City or withheld from future payments to Contractor hereunder. 8. Default;Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant,agreement or obligation set forth in this Contract,and if such default remains uncured for a period of seven(7)days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14)days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature,cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps,at its option: a. by mandamus or other suit,action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder,or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder,or obtain damages caused to the City by any such default; b. have access to and inspect,examine and make copies of all books and records of Contractor which pertain to the project; C. declare a default of this Contract,make no further disbursements,and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination;and/or 4 e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder,including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair,damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder,Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time,in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an, employee, servant,agent,partner,or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor,but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold,FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation,unemployment compensation,medical insurance, life insurance,pension,or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees,if any. 12. Anti-Discrimination. During the performance of this Contract,Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa,as contained in Sections 19B,551.4 of the Code of Iowa,which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract,together with the Contract Documents, is held invalid, illegal,or unenforceable,whether in whole or in part,the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If,for any reason,a court finds that any provision of this Contract is invalid, illegal,or unenforceable as written,but that by limiting such provision it would become valid, legal,and enforceable,then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract,together with the Contract Documents,constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs,personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. 5 IN WITNESS WHEREOF,the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY WATERLOO,IOWA MCCLAIN&CO.INC. By: �--- Ernest G. Clark,Mayor Ken H ley,St perintendemr" Attest: Scha s, City Clerk 6 CITY OF WATERLOO Council Communication City Council Meeting: February 27, 2012 Prepared: Daniel J. Trelka Dept. Head Signature: # of Attachments: 0 SUBJECT: Byrne JAG Grant Application for SFY 2013 Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Seeking approval to apply for SFY 2013 Byrne JAG grant funds that will be used to support the Tri-County Drug Enforcement Task Force. The application deadline is April 2, 2012. Summary Statement: The Governor's Office of Drug Control Policy has announced the deadline for application of funds under the Byrne Justice Assistance Grant Program that provides financial assistance to support a broad range of activities to prevent and control crime and to improve the criminal justice system with an emphasis on violent crime, drug offenses and serious offenders. As in the past, funding from this grant will be used to provide salary and benefits for members of the Tri-County Drug Enforcement Task Force. While no exact total dollar amount has been indicated for funding, it is anticipated that there will continue to be a 75/25 match. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO Committee Communication Committee Meeting: February 27, 2012 Prepared.. February 22, 2012 Dept. Head Signature: S.G. # of Attachments: 1 SUBJECT: San Marnan Traffic Monitoring System Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Adopt a resolution to accept the Radio Communication Systems of Waterloo, Iowa bid in the amount of$37,709.00 and award the contract for the project to Radio Communication Systems and authorize the Mayor to sign the contract. Summary Statement This bid was obtained through a sealed bid process and was opened during February 13, 2002 Council Meeting. One bid was received. The bid was below but close to the estimated cost. Expenditure Required $37,709.00 Source of Funds G.O. Bonds Policy Issue Alternative Background Information: This is part of Waterloo's traffic monitoring system that uses the Traffic Operation Department's wireless backbone network. Monitoring cameras will be installed on San Marnan at three intersections of LaPorte Rd., Sears Dr., and Penney's Dr. CITY OF WATERL009 IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 • : NOEL C.ANDERSON,Community Planning&Developmert Director Council Communication City Council Meeting: February 27, 2Y2"_ Mayor Prepared: February 22, 2012 BUCK CLARK Dept. Head Signature: # of Attachments: COUNCIL SUBJECT:Approval of Sports Plex demolition contract with Lavern Lehman Trucking and MEMBERS Excavation Inc for demolition services Of 212> 302 306.308, 312 Jefferson Street and 319 W. 2nd Street in the amount of$44,850. DAVID JONES Submitted by: Noel Anderson-Community Planning&Development Director Ward I CAROLYN Recommended: City Council Action:Approval of demolition contract with Lehman COLE Trucking and Excavating, Inc, for demolition services of 212,. 302, 306-308, 312 Jefferson Ward 2 Street, and 319 W. 2nd Streets in the amount of$44,850.00. HAROLD GETTY Ward3 Summary Statement: The City of Waterloo will be demolishing these structures in QUENTIN preparation of the future Sports Complex. HART Ward 4 Expenditure Required: $44,850.00 RON WEEPER Source of Funds: The demolition activities of this site will be undertaken by the City of TVard 5 Waterloo using G.O. funds, for nuisance abatement. BOB olicy Issue: New development-Sports Complex GREENWOOD' At-Large Alternative: N/A STEVE S CHMITT At-Large Background Information: The City of Waterloo purchased these properties to demolish in preparation of the Downtown Sports Complex. cc:NOEL C.ANDERSON,Community Planning&Development Director CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Request for Proposals for Demolition and Site Clearance Services (no regulated asbestos-containing materials) for the following properties: 212, 3421 306-309 and 312 Jefferson Streets; 319 West 2nd Street (Sports-Plex Arca) February 20, 2012 Bid Tab No r-stimate Bid-Security Required Bidder Bid Security Bid Amount Baker Concrete & Excavating 2203 E. Bremer Avenue PO Box 277 Waverly, Iowa 50677 Benton's Sand & Gravel, Inc. 905 Center Street e C dar Falls, Iowa 50613 f Frickson Bros. Excavating 737 Colleen Avenue ��� Evansdale, Iowa 50707 Kelly Demolition LLC 1100 W. Mt. Vernon Road `- `7 %C Mount Vernon, Iowa 52314 Lehman Trucking & Excavating, Inc. 1422 Ashland Avenue ' Waterloo, Iowa 50703 f � McClain & Co., Inc. 520 Charles Street Waterloo, Iowa 50703 _7 z1 Peterson Contractors Inc. Box A 4 Reinbeck, Iowa 50669 EXHIBIT"A" SIGNATURE PAGE 212 Jefferson, 302 Jefferson, 306-308 Jefferson, and 312 Jefferson Streets and 319 W. 2nd Street The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms,conditions,and specifications set forth; and that they will furnish all required services and pay all incidental costs In strict conformity with these documents for the stated process as payment in full. Our bid,for demolition and site clearance of the site is, not to exceed: $ 44,850.00 Amount in written form, not to exceed: $ Forty Four Thousand - Eight hundred Fifty dollars Submitting Firm: Lehman Trucking and Excavating, Inc. Address: 1422 Ashland Avenue City: Waterloo State: Iowa dip; 50703 Authorized Representative(print) L r'A-t— nzS Authorized Representative Signature Date : Feb. 17, 2012 Email: jddigger(c gmail.com Phone: 319) 235-6163 Fax; 319) 235-6163. EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: X our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any,shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty(50)days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA(It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following'addenda: Addenda Number Date Addenda Number Date Addenda Number Date Addenda Number Date ❑ We choose not to bid at this time but would like to be considered for future requests for bi. THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A310 Bid Bond Bond No.: 176142 KNOW ALL MEN BY THESE PRESENTS, that we Lehman Trucking&Excavating Inc. 1422 Ashland Ave,Waterloo,IA 50703 as Principal, hereinafter call the Principal, and Merchants Bonding Company(Mutual) 2100 Fleur Drive Des Moines,1A 50321-1158 a corporation duly organized under the laws of the State of Iowa as Surety, hereinafter called the Surety, are held and firmly bound unto City of Waterloo 715 Mulberry St.,WaterlooIA 50703 as Obligee, hereinafter cabled the Obligee, in the sum of Five Percent of Bid Amount Dollars ($ 5% ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has submitted a bid for Demolition and Site Clearance Services-Sports Complex Area NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in accordance with the terms of such bid,and give such bond or bonds as may be specified in the bidding or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and materials furnished in the prosecution thereof,or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid,then this obligation shall be null and void,otherwise to remain in full force and effect. Signed and sealed this 20th day of February 2012 X( Lehman cking&Excavating ��� (Principal) (Seal) (Witness) !+t p de,%'t (Title) Merchants Bonding Company(Mutual) (Surety) (Seal) (Witness) J C (Title) Janet Willard Attorney-in-tact AIA DOCUMENT A310-BID BOND•AIA®*FEBRUARY 1970 ED.OTHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y.AVE.,N.W.,WASHINGTON D.C.20006 I MERCHANTS Bond#: 176142 BONDING COMPANY POWER OF ATTORNEY Know All Persons By These Presents,that MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.,both being corporations duly organized under the laws of the State of Iowa(herein collectively called the"Companies"), and that the Companies do hereby make,constitute and appoint,individually, Janet Willard of Waterloo and State of IA their true and lawful Attorney-in-Fact,with full power and authority hereby conferred in their name, place and stead,to sign,execute,acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: Twenty Million($20,000,000.00)Dollars and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies,and all the acts of said Attorney-in-Fact, pursuant to the authority herein given,are hereby ratified and confirmed. This Power-of-Attorney is made and executed pursuant to and by authority of the following By-Laws adopted by the Board of Directors of the Merchants Bonding Company(Mutual)on April 23,2011 and adopted by the Board of Directors of Merchants National Bonding,Inc.,on October 24,2011. "The President,Secretary,Treasurer,or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys-in-Fact,and to authorize them to execute on behalf of the Company,and attach the seal of the Company thereto,bonds and undertakings,recognizances,contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond,undertaking,recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof,the Companies have caused this instrument to be signed and sealed this 28th day of September, 2010. ,wolf+" •� O�O��PCo !kA •• MERCHANTS BONDING COMPANY(MUTUAL) m! G� .4xa,p�,_ :�.v0 9q..yam MERCHANTS NATIONAL BONDING,INC. _~r'. 1933 _ By STATE OF IOWA ' s''•.�.•�s'E�• '�,••` ••.� �`r �.• COUNTY OF POLK ss. +"'�+++•r"" 5 ...... President On this 28thday of September, 2010,before me appeared Larry Taylor,to me personally known,who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING, INC.;and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof,I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa,the day and year first above written. EOWPI MARANDA GREENWALT Commission Number 770312My Commission Expires October 28,2014 Notary Public,Polk County,Iowa STATE OF IOWA COUNTY OF POLK ss. I, William Warner,Jr.,Secretary of the MERCHANTS BONDING COMPANY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof,I have hereunto set my hand and affixed the seal of the Companies on this 20th day of February 2012 [lO t14 p\ItkG Cpiy% •p�• PO �O•• 6�/ //_ �f/ V 05 1933 c:c• Secretary POA 0014 (11/11) ........:,` ,�. .V.... •`1d•. .� �, ,. •. CITY OF WATERLOOl IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 . . NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: Meeting Dat BUCK Prepared: Date prepared CLARK Dept. Head Signature: N of Attachments: COUNCIL MEMBERS SUBJECT: Request to name a portion of vacated Lowell Avenue in the 900 block as Private Lowell Avenue DAVID JONES Submitted by: Noel Anderson, Community Planning & Development Director Ward 1 CAROLYN Recommended City Council Action:Approval COLE Ward 2 Summary Statement: Transmitted herewith is a request by the City of Waterloo to HAROLD name the Private Street serving the 900 block of vacated Lowell Avenue between East GETTY Mitchell Avenue and Regal Avenue as private "Lowell Avenue". Ward 3 As you may recall,the City of Waterloo recently vacated and conveyed this portion of QUENTIN Lowell Avenue to Patrick. B Rooff, which he has incorporated with his nearby auto HART recycling operation. Currently'there are 7 addressed properties {916, 921' 924' 935,4 941, 945 and 946) along this stretch of former right-of-way. Since the street has been RON vacated and conveyed,there is no longer a street,private or public,to attach those WELPER addresses to. It is necessary to authorize this street naming so that emergency Wards personnel have addresses on record in case of an emergency at I of these properties BOB occurs. GREENWOOD At-Large The City of Waterloo Engineering Department has reviewed the proposed naming, and found there to be no conflicts with the proposed name of"Lowell Avenue", and STEVE recommends that the proposed name be approved. SCHMITT At-Large At their December 6,2011 meeting, the Planning, Programming and Zoning Commission unanimously recommended approval of the request to name the Private Street as "Lowell Avenue". Expenditure Required: None Source of Funds: n/a Policy Issue: Transportation Alternative: CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Background Information: The City of Waterloo recently sold this portion of vacated Lowell Avenue to Patrick B. Rooff. cc: Aric Schroeder,City Planner Eric Thorson,City Engineer Steve Walker,Draftsperson --file-- December 6,2011 REQUEST. Request to name former Lowell Avenue between Regal Avenue and East Mitchell Avenue as Private "Lowell Avenue". APPLICANT(S)-. City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The City of Waterloo is requesting to name the former portion DESCRIPTION: of Lowell Avenue serving the properties at 916, 921, 924, 935, 941, 945 and 946. IMPACT ON The request would not appear to have a negative impact upon NEIGHBORHOOD: the surrounding neighborhood. VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN traffic conditions, as well as pedestrian condition in the area. TRAFFIC The area in question has already been vacated and conveyed CONDITIONS: to the business located at 924 Lowell Avenue, which operates as Pat's Auto Salvage. There are no sidewalk within the immediate area. RELATIONSHIP TO RECREATIONAL The Cedar Valley Lakes Trail is located approximately a 1/2 TRAIL PLAN: mile to the north along the north side of the Cedar River. SURROUNDING The surrounding land use consists of some single-family LAND USE: residences, however, the majority of the area is comprised of vehicle and metal salvaging yards. North — One and Two Family Residences, zoned "M-1" Light Industrial District. South —Auto recycling operations, zoned " -1" Light Industrial District. East— Flood control levee and Riverview Recreational Area, zoned "A-V Agricultural District. West—Auto recycling operations, zoned "M-1" Light Industrial District. ZONING HISTORY The land in question is zoned "M-1" Light Industrial District, FOR SITE AND and has been zoned as such since the adoption of the Zoning IMMEDIATE VICINITY: Ordinance. BUFFERS This request would not require any additional buffers and REQUIRED/ NEEDED: screening. DRAINAGE: The request for street naming would not appear to have a negative impact upon drainage in the area. DEVELOPMENT The area was primarily developed and platted for residential HISTORY: purposes in the 1940s, however, due to significant flooding issues before the flood control system was installed, the uses began to become more industrial in nature. Currently, the majority of the area consists of vehicle and metal recycling facilities. 12.06,11 —Name Private Lowell Ave between Regal and E Mitchell Page 1 of 2 December 6,2011 FLOODPLAIN: The land in question is located within the Zone-X, 500-year floodplain, and is protected by the flood control levee as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011 PUBLIC /OPEN The Cedar River is located 1 mile to the east, and Rooff Park SPACES/ SCHOOLS: is located 3 blocks to the north near the intersection of Hawthorne Avenue and James Street. There are no schools within the nearby vicinity. UTILITIES: WATER, An 8" sanitary sewer line runs down the former portion of SANITARY SEWER, Lowell Avenue from Regal Avenue, southward and ends STORM SEWER, approximately 100' north of East Mitchell Avenue. When ETC.- Lowell Avenue was previously vacated, an easement was retained over the sanitary sewer. RELATIONSHIP TO The Future Land Use Map (February 3, 2003) designates the COMPREHENSIVE area as Industrial. The proposed street naming would be LAND USE PLAN: consistent with that designation. The area in question is located within the Primary Growth Area. STAFF ANALYSIS — The City is requesting to name the former portion of Lowell ZONING Avenue that serves the properties at 916, 921, 924, 935, 941, ORDINANCE: 945 and 946 Lowell Avenue as Private "Lowell Avenue". In July of 2009, the street was vacated and conveyed to Patrick B. Rooff, who owns the majority of the property along the street, with the exception of 2 other property owners. Consent was obtained from the 2 other property owners to vacate the street. Due to the properties still being addressed off of Lowell Avenue, which is no longer a public street, it would be necessary to dedicate it as private so the properties are still correctly addressed off of Lowell Avenue. When the former right-of-way is renamed as a private street, it will still gain access to both Regal Avenue and East Mitchell Avenue. The Engineering Department has reviewed the naming of the private street, and found there to be no conflicts with proposed name of"Elm Street" and recommends that the name be approved. STAFF ANALYSIS — SUBDIVISION No subdividing of land is required for this request. ORDINANCE: STAFF Therefore, it is staff's recommendation that the street naming RECOMMENDATION: be approved for the following reason(s)- 1. The Engineering Department has reviewed the request and concurs with the naming of Private "Lowell Avenue" to serve the properties at 916, 921, 924, 935, 941, 945 and 946 Lowell Avenue, as the name does not conflict with any other street names. AV 12.06.11 —Name Private Lowell Ave between Regal and E Mitchell Page 2 of 2 Request to Name a Portion of Vacated ; Lowell Avenue as Private Lowell Avenueoil me qy 3 Regal Ave . Vacated Lowell Ave to be Named Private Lowell = X ftZ l R � 3 4 �'k ate- f,.r `� E Mitchell A .a s - f t r t r s 0 75 150 300 Feet b a off Properties o a along Vacated Lowell Avenue rr 4 V4 _ c 5 %FP w d#c � $ ISI� ; ,fib �„� " ,, �'. ° ?' ✓ IFTI 41 Vacated Y • u d 4 9 • 'H tW' i §;s i " , Lowells be � ^ e Named Private Lowell � ` to 150 300 WAS yam, a,, �..rn�" ,.. � �•,«7 � r s. r N � w . { x AF 4 a a a'�t• x+t s �' r AUDITOR'S CO�� MINUTES COMMUNITY DEVELOPMENT BOARD MEETING JANUARY 109 2012 he Community Development Board was held in the CityCouncil 4L30 p mh amberson Tuesday, The regular meeting of t Eric Johnson Mulberry Street, Waterloo,Iowa, and called to order by Chairman January 10,2012. Members present: Amber Boyd, Gary Rankin,Bob Reisinger, Jeri Thornsberry and Chairman Eric Johnson. Members absent: Mickye Johnson. , Community Also present- Rudy Jones, Community Development Director;Nancy o heckAdmin Administrative Secretary;lDevelopment Coordinator; Carolyn Cole Frazier,Quentin Lovie Caldwell of Eastside Ministerial Alliance; Patricia King, Eye of Michael Coleman,Martha F , the Needle; and Tim Jamison,Waterloo/Cedar Falls Courier. A. APPROVAL OF THE AGENDA. Chairman Johnson indicated Board packets were delivered and asked for additions or corrections to the agenda. d seconded by Jeri Thornsberry to approve the Agenda.Motion It was moved by Bob Reisinger an carried. ES FOR THE REGULAR Mev ew and wNG ill 1 be approved aDECEMBER�he n 11. B. APPROVAL OF THE MINUText The Chairman noted the December minutes were not available for regular meeting. C. OLD BUSINESS. 1. Single Family Unit Production—Round 1 Update. by the end of the mor Rudy Jones anticipates these units will be closed so e ropols for Round 4 add move both of our developes into Round 2. We are in Round 4 funhe process o preparing p we should have at least fourproposals g. Bob Reisinger questioned if we would use all four contract developers for Round 4 or would we select the developers by the type of project they are proposing. Rudy Jones indicated we would review the projects being proposed utilize he entire award for thein pour our This He stated several of the contractors have indicated they could may not allow for development throughout the community, so we will also take this into consideration. 2. Neighborhood Stabilization Program—Round 3 Update. Rudy Jones indicated the weather might allow us to break ground and can proceed litiowli ss we git bad within the weather in the next two weeks. We are ready to cut offutilities next 30-45 days. January 10, 2012 - Page 2 3, CHDO Request—Eastside Ministerial Alliance. Rudy Jones indicated that after Board deliberations last month and meeting additional information from Eastside Ministerial Alliance E g With staff, we requested in a position to accept the information and will work toward(EM ), which has o been provided to us. We are recommendation to the Mayor and request certification of Eastside Ministerial Alliance as Housing Development Organization (CHDO), process. We will forward our to obtain a thorough work write-up, inspection and budget for the property a Community Once we complete the initial certification we will proceed P perty they wish to develop. It was moved by Jeri Thornsberry and seconded by Gary Rankin to authorize staff in the certification process for Eastside Ministerial Alliance to become a CHDO with move forward Waterloo. Motion carried. the City of Rudy Jones indicated the Mayor would sign off on the official certification. 4. Multi-Family Rental Housing Funds Update—Round 2. Chairman Johnson confirmed the Multi-Family Rental Housing project, originally endorsed b the B and submitted by Ben and Brad Stroh, has been withdrawn. Y pard Rudy Jones stated the developer indicated they could not make the project go because of land issues and other items that made it infeasible. The Planning Department thought the proposal could be amended and still go forward, however in the final communications with the developer, we learned they were cancelin the project. Unfortunately, this is also at the end of our contract period. g Chairman Johnson inquired if we could submit other projects for these funds or have we lost the ability to utilize these funds altogether. y Rudy Jones stated he believes we have lost the ability to use these funds. That is why we tried toet information on the project before the end of the contract period. g Jeri Thornsberry inquired if the timeline was December 31, 2011 for Round 2 Multi-family funding. Nancy Gulick stated that we actually extended those contract dates for Round 1 and Round 2 and the rental project was included in that grant. Rudy Jones indicated that he had sent correspondence that this would not be extended. Nancy Gulick stated the other project originally submitted for review was from Duane Wessels. Chairman Johnson said he was interested in verifying the fact that this money cannot be reallocated and whether we can do another Request for Proposals. He noted if the money is gone, it's gone, but if it can be reallocated to another project he would like to see that happen, noting it was disappointing that the project did not go forward. Rudy Jones indicated he would contact Julie Lunn with the Iowa Economic Development Authority to see if those options are still available to us. Chairman Johnson asked that the Board be informed via email of his findings and then we will place this item on our next agenda. Minutes January 10, 2012 Page 3 Gary Rankin stated the other project submitted was too small. He asked, if the funds are still available to submit to a project, would we have to take in new proposals or could we go back to original proposals. Rudy Jones stated he didn't know, but he will ask Ms. Lunn if there is a possibility for another project and what will be the parameters for solicitation. Do we go back to the first applicants or can it be opened up for potential new projects. Rudy asked the Board if they had a preference. Chairman Johnson stated if the funds are still available we should open it up for new RFPs. D. NEW BUSINESS. 1. Endorse Rehabilitation Contracts for December 2011. (Report attached.) Chairman Johnson indicated the December Rehabilitation Contracts report was included in the packet. Nancy Gulick indicated some of the rehabilitation projects were not included this time so they could be counted toward lead grant totals. It was moved by Bob Reisinger and seconded by Jeri Thornsberry to endorse the rehabilitation contracts for the month of December 2011. Motion Carried. 2. Set date of public hearing—February 21, 2012 for FY2013 Subcommittee recommendation for CDBG and HOME Program Funds. It was moved by Gary Rankin and seconded by Jeri Thornsberry to set the date of public hearing for 5:00 p.m. on February 21,2012 for FY2013 CDBG and HOME Program funds and public recommendation in the Waterloo/Cedar Falls Courier. Motion carried. Chairman Johnson indicated Board members on the subcommittee are Jeri Thornsberry, Gary Rankin and Bob Reisinger. The subcommittee has met once to review initial applications. E. DISCUSSION ITEMS. None. The Chairman indicated the block grant public hearing begins at 5:00 p.m. this evening. F. ADJOURN MEETING. With no further business to come before the Board, the Chairman adjourned the meeting. Respectfully submitted, Robert J. 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AUDITOR'S COPY MINUTES COMMUNITY DEVELOPMENT BOARD PUBLIC HEARING FOR CITIZEN INPUT FY2013 CDBG and HOME PROGRAM January 10,2012 Chairman Eric Johnson called the public hearing to order at 5:00 p.m. in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa. The Chairman stated the purpose of the hearing is to gain citizen input into the application process for FY2013 CDBG and HOME Program funding. The Chairman welcomed participants to the meeting, and indicated the Board members have copies of all applications before them. Board Members present: Amber Boyd, Gary Rankin, Bob Reisinger, Jeri Thornsberry and Chairman Eric Johnson. Board Members absent: Mickye Johnson. Also present: Carolyn Cole and Quentin Hart, City Council Liaison; Rudy Jones, Community Development Director;Nancy Gulick, Community Development Coordinator; Ann Northey, Administrative Secretary; Patricia King, Eye of the Needle; Barb Prather,Northeast Iowa Food Bank; Barb Grant, Operation Threshold; Martha Frazier, Michael Coleman and Lovie Caldwell, Eastside Ministerial Alliance; Mark Pregler, Budget Services; and Tim Jamison, Waterloo/Cedar Falls Courier. A. APPROVAL OF AGENDA The Chairman called for a motion to approve the public hearing agenda as mailed. It was moved by Bob Reisinger and seconded by Amber Boyd to approve the agenda as mailed. Motion carried. B. RECEIVE AND PLACE ON FILE AFFIDAVIT FOR PROOF OF PUBLICATION FOR NOTICE OF PUBLIC HEARING Chairman Johnson indicated a copy of the display ad published in the Waterloo/Cedar Falls Courier on Sunday, January 1, 2012 announcing the public hearing. It was moved by Bob Reisinger and seconded by Gary Rankin to approve and place on file the affidavit for the notice published in the Waterloo Courier. Motion carried. Chairman Johnson noted the hearing process was advertised in many different formats during the past few months in order to gain citizen input, and he asked Rudy Jones to explain. Rudy Jones noted advertisements were submitted to the Waterloo Courier numerous times. We also posted on the City of Waterloo's website and the Community Development website. Notices were sent in the Neighborhood Services newsletters. Notice was published on the cable Minutes January 10, 2012 Page 2 website, and news releases sent to all media connections. We also held a public forum to kick off the process early November. C. OPEN PUBLIC HEARING Chairman Johnson called for a motion to open the hearing. It was moved by Jeri Thornsberry and seconded by Bob Reisinger to open the public hearing. Motion carried. Chairman Johnson gave a few introductory comments, noting the Board received requests that total approximately$1.4 million in requests for CDBG funds and we estimate that there will be approximately $1.1 in funds available, so there will be a shortfall. On HOME funds we have approximately $516,000 in requests and we estimate available funds will only be $472,000, so once again another shortfall this year. Chairman Johnson addressed the audience and stated if anyone would like to speak and provide additional information for their request, they will be given an opportunity to ask questions of the Board and subcommittee. Two council members also serve as liaison for the subcommittee, David Jones and Quentin Hart. Chairman Johnson stated the Board does have each application in front of them for this hearing. He noted when the subcommittee begins their review of each application, they may require additional documentation and will be in contact with applicants if this is the case. At this time the Chairman opened the hearing for comments and asked participants to identify themselves at the microphone, stating their name, address and project request. Patricia King, representing Eye of the Needle, asked if there were any questions regarding her application. She noted their program has doubled the population they serve over the last three years. Jeri Thornsberry questioned the number of clients vs. number of families served. Ms. King explained that some of the clients vary all the way from one person to ten people in a family. Some families have no children and some have anywhere from eight or nine children. Mark Pregler with Budget Services, Inc. asked about the Dun and Bradstreet Number that was required on the application. He inquired as to why it was necessary and informed the Board he was getting charged in excess of$69.00 to obtain the number and has had other solicitations concerning it. Nancy Gulick informed Mr. Pregler that if his project wasfunded, we would have to enter his Dun and Bradstreet number on the HUD website. Nancy informed Mr. Pregler that this number should be obtained at no charge to him, and the solicitation is probably to sell you a service only. Minutes January 10, 2012 Page 3 Barb Prather,Northeast Iowa Food Bank indicated their project is now in its 4th year of their Capital Campaign. Ms. Prather asked the board to favorably support their request for$50,000. Barb Grant, Operation Threshold indicated they have applied for Tenant-Based Rental Assistance and also funding for their Weatherization Plus Program. Council member Quentin Hart asked the Board to consider funding the Boys and Girls Club project as a worthwhile project for the community. Chairman Johnson asked for further comments and there were none. D. CLOSE PUBLIC HEARING The Chairman called for a motion to close the hearing. It was moved by Jeri Thornsberry and seconded by Gary Rankin to close the public hearing. Motion carried. E. MOTION TO PUBLISH INITIAL SUBCOMMITTEE RECOMMENDATIONS ON FEBRUARY 5,2012 PRIOR TO NEXT HEARING ON FEBRUARY 21,2012. It was moved by Bob Reisinger and seconded by Gary Rankin to publish the subcommittee recommendation for the use of CDBG and HOME Program funding on February 5,2012 prior to the next hearing scheduled for February 21,2012. Chairman Johnson then advised the subcommittee will make an initial recommendation to the full Board. This recommendation will be published, and the Chairman asked that this information be emailed to all Board members prior to publication in the Courier. All applicants that have applied for funding will also be notified. The Chairman noted there would be a second public hearing on February 21St, so if your project has not been funded and you wish to address the Board with your comments you will have another opportunity to do so. 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MONDAY, FEBRUARY 27, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three(3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion,you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1)time per item for a maximum of three(3)minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Craig Clark, Building Official/Maintenance Administrator. February 27, 2012 Page 2 Agenda, as proposed or amended. Minutes of February 17, 2012, Special Session and February 20, 2012, Regular Session, as proposed. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. b. Motion to approve the following: Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed 1. Captain Pillack, FBI-National Cedar April 24- $326.00 Lieutenant Payne Academy Spring Rapids, 26, 2012 Training Conference Iowa 2. Mark Rice, Public APWA-EVT Training Waterloo, February $175.00 Works Director for Fleets Iowa 23, 2012 3. Eric Thorson, 2012 American West Des April 4-6, $442.00 City Engineer Public Works Moines, 2012 Association/ISOSWO Iowa Joint Spring Conference 4. Steve Jordan, Arson Investigation Ames, March 5- $1,182.20 Fire Marshal Iowa 9, 2012 & March 12- 16, 2012 5. Pat Treloar, Chief Final inspection of Marion, Week of $445.00 of Fire Services; new fire truck Wisconsin February Darryl Hartema, 20, 2012 Mechanic; Carl or Reninger, February Lieutenant 27, 2012 6. Mike Bown, Air Air Service meetings, Waterloo, Various $800.00 Service Airport Board Iowa from date from Consultant with meetings, meet with Elkader, October 1, Trillion Aviation Mayor& other city Iowa 2011 to officials September 30, 2012 February 27, 2012 Page 3 7. Wayne Castle, Society of Land Ames, March 8- $'340.00 Associate Surveyors of Iowa Iowa 9, 2012 Engineer 75th Annual Con erence 8. Sergeant Richter, Suarez International Searsboro, April 21- $1,220.00 Officer Girsch Point Shooting Iowa 22, 2012 Progressions Course 9. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re- A ointment Cultural &Arts Tom Langlas December 31, 2013 Re Appointment Commission Class B Beer License Permit Application 10. Jim Lind Standard Service, 230 E. Ridgeway Avenue (Renewal) (Expires 4/6/13) (Includes Sunday Sales) 11. Casey's General Store #2879, 3260 University Avenue (Renewal) (Expires 4/18/13) (Includes Sunday Sales) 12. Casey's General Store #2880, 1604 LaPorte Road (Renewal) (Expires 4/18/13) (Includes Sunday Sales) Class C Liquor License Permit Application 13. Buzz's Bar, 1016 Maynard Avenue (Renewal) (Expires 3/14/13) (Includes Sunday Sales) 14. Lone Star Steakhouse and Saloon, 4045 Hammond Avenue (Renewal) (Expires 3/11/13) (Includes Sunday Sales) 15. Amalgamated Local 838 UAW, 2615 Washington Street (Renewal) (Expires 2/28/13) 16. Blue River, 315 W. 4th Street (Renewal) (Expires 2/14/13) (Includes Sunday Sales) 17. El Senor Tequila Nightclub, 118-120 E. 11th Street (Renewal) (Expires 2/18/13) (Includes Sunday Sales) 18. Maple Lanes, 2608 University Avenue (New) (Expires 1/4/13) (Includes Sunday Sales) Class B Native Wine License Permit Application 19. Casey's General Store #2879, 3260 University Avenue (Renewal) (Expires 4/18/13) (Includes Sunday Sales) 20. Casey's General Store #2880, 1604 LaPorte Road (Renewal) (Expires 4/18/13) (Includes Sunday Sales) February 27, 2012 Page 4 Outdoor Service Area Application 21. Buzz's Bar, 1016 Maynard Avenue 22. Lone Star Steakhouse and Saloon, 4045 Hammond Avenue 23. Blue River, 315 W. 4th Street 24. Bonds PUBLIC HEARINGS 2. Request_for Proposals for Security Services at Waste Management Services Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of Request for Proposals,form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Waste Management Services Superintendent for review. Submitted by Larry N. Smith, Waste Management Services Superintendent RESOLUTIONS 3. Resolution approving fee for sports and aquatics programs for Spring 2012-Winter 2013. Submitted by Mark Gallagher, Sports Manager 4. Resolution approving Six Month Automobile Lease Agreement with C & S Car Company for School Resource Officer Program at no cost to the City; and authorize Mayor and City Clerk to execute said document. Submitted by Daniel J. Trelka, Director of Safety Services 5. Resolution approving First Amendment to Contract for Demolition and Site Clearance Services (no RACM) Group 2 for demolition and site clearance services pertaining to the City of Waterloo's Hazard Mitigation Grant Program (HMGP) to authorize Change Order No. 1 for a net decrease of $9,845.25 for work performed by McClain & Co., Inc. with a revised contract limit and total actual expenses allowed by the contract not to exceed $53,405.25; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner February 27, 2012 Page 5 6. Resolution approving submission of application to the Governor's Office of Drug Control Policy for SFY 2013 Byrne-JAG grant funds, with a 25 percent required cash match, to be used for funding the Tri-County Drug Enforcement Task Force. Submitted by Daniel J. Trelka, Director of Safety Services 7. Resolution approving award of contract to Radio Communication Systems of Waterloo, Iowa in the amount of $37,709.00, and approving the Contract, Bonds and Certificates of Insurance for the San Marnan Traffic Monitoring System Project; and authorize Mayor and City Clerk to execute said documents. Submitted by Sandie Greco, Traffic Operations Superintendent 8. Resolution approving award of contract to Lehman Trucking & Excavating Inc. of Waterloo, Iowa in the amount of $44,850.00, and approving the Contract, Bonds and Certificates of Insurance for the Demolition and Site Clearance Services (no regulated asbestos-containing materials) for the following properties: 212, 302, 306-308 and 312 Jefferson Streets; 319 West 2nd Street (Sports-Plea Area); and authorize Mayor and City Clerk to execute said documents. Submitted by Noel Anderson, Community Planning& Development Director 9. Resolution approving the naming of a private street generally located in the 900 block of vacated Lowell Avenue between East Mitchell Avenue and Regal Avenue as Lowell Avenue. Submitted by Noel Anderson, Community Planning & Development Director 10. Resolution approving and accepting certain acquisition contracts and certain deeds to sell real property to the City of Waterloo for the partial acquisition of right-of-way and temporary easements in conjunction with the F.Y. 2011 East Donald Street Improvements between Logan Avenue (Highway 63), eastward to Mildred Avenue from the following: Cassie Pearson in the amount of$100.00; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning & Development Director 11. Resolution rescinding Resolution No. 2011-877; and approving an agreement in the acceptance of a Black Hawk County Gaming Grant in the amount of $642,000.00 to be used for the Byrnes Park Drainage Project; and authorize Mayor to execute said document. Submitted by JB Bolger, Golf& Downtown Area Maintenance Manager 12. Resolution approving agreement with Hellman Associates, Inc. of Waterloo, Iowa in the amount of $12,000.00 to provide services as part of Phase 1 of a Marketing and Public Relations Plan for the Cedar Valley SportsPlex; and authorize Mayor to execute said document. Submitted by Mark Gallagher, Sports Manager February 27, 2012 Page 6 ORDINANCES 13. Ordinance Change—No Parking Here To Corner in a easterly direction from Logan Avenue and a westerly direction _from the alley way in the 200 block of Harrison St Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by Adding a New Subsection (50b) Harrison Street to Section 553, No Parking Here to Corner. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Sandie Greco, Traffic Operations Superintendent 14. Adoption of 2011 National Electrical Code Motion to receive, file, consider and pass for the first time an Ordinance amending Title 9: Building Regulations, Chapter 3: Electrical Regulations. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Craig Clark, Building Official/Maintenance Administrator ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Mondani, February 27, 2012 4:50 p.m. - Ordinance Committee, Council Chambers 4:55 p.m. - Boards & Commissions Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers February 27, 2012 Page 7 PUBLIC INFORMATION 1. Community Development Board meeting minutes of December 20, 2011 and January 10, 2012 on file in the City Clerk's office. 2. Community Development Board Public Hearing for Citizen Input on the FY2013 CDBG and HOME Program meeting minutes of January 10, 2012 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. Waterloo Dam Rehabilitation and Riverwall Reconstruction Contract No. 713 Pay estimate No. 73 to Peterson Contractors, Inc in the total amount due of $186,157.52. 2. F.Y. 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 27 to Vieth Construction in the total amount due of$36,416.02. .. a _- � � Alb • � � i Ica Owl, 171 ML �t c�< � E Ia3 P, .*. F e p":k Imi x Y+ 1 N � v e s t > a , 11 A CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 NOEL C.ANDERSON,Community Planning&Development Director 0\0NO"�0V Council Communication Mayor City Council Meeting: February 27, 201 BUCK Prepared: February 22, 2012 CLARK Dept. Head Signature: ✓ # of Attachments: 1�1 — COUNCIL MEMBERS """""""..... SUBJECT: Request to approve and accept certain acquisition contracts and DAVID accepting and approving certain deeds to sell real property to the City of Waterloo JONES for the partial acquisition of right-of-way and temporary easements from Cassie Ward 1 Pearson($100.00), related to the East Donald Street reconstruction project CAROLYN between Logan Avenue (Highway 63), eastward to Mildred Avenue. COLE Ward 2 Submitted by: Noel Anderson, Community Planning & Development Director HAROLD Recommended City Council Action:Approval GETTY Ward 3 Summary Statement: Transmitted herewith is a request by the City of Waterloo to QUENTIN accept certain acquisition contracts and accepting and approving certain deeds to HART sell real property to the City and temporary easements in conjunction with the East Ward 4 Donald Street reconstruction project between Logan Avenue (Highway 63), RON eastward to Mildred Avenue (IDOT# STP-U-8155(714)-70-07). Currently, City WELPER staff is in the process of working with all property owners that would be impacted Ward 5 by the roadway project to obtain necessary documents to receive temporary BOB easements. At this time, staff has received a signature of approval from Cassie GREENWOOD Pearson At-Large STEVE The property owners in questions will be compensated the following amounts for SCHMITT the acquisition of right-of-way, permanent easements and temporary easements: At-Large ■ Cassie Pearson $ 100.00 Please see the temporary easement contract, which breaks down into more detail on what the property owner was compensated for. The Federal Highway Administration has approved the proposed acquisition contracts and amounts. Expenditure Required: Source of Funds: Local Option Funds Policy Issue: Transportation, Economic Development, Land Use CITY WEBSITE: wwwximaterloo.iams WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Alternative: n/a Background Information: This portion of East Donald Street sees a high amount of traffic on a daily basis, much of it coming from individuals traveling to and from the Northeast Industrial Area, as well as Allen Hospital and Logan Plaza. Reconstruction of the street will add a center turn-lane for traffic turning left. Expansion of the road will also make for a better transportation network in the area, which could foster new development at Logan Plaza. Legal Description: See attached legal descriptions ta:NA cc: Aric Schroeder,City Planner Eric Thorson,City Engineer Jeff Bales,Associate Engineer Chris Wendland,Legal --file-- TEMPORARY EASEMENT F.Y. 2011 EAST DONALD STREET IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA STP-U-81577(714)-70-07 The undersigned does hereby grant and convey unto the City of Waterloo in Black Hawk County, Iowa, a temporary construction easement for the property shown in Exhibit'A'. Owner: Cassie Pearson 433 Sherman Avenue Waterloo, IA 50703 LEGAL DESCRIPTION TEMPORARY CONSTRUCTION EASEMENT (SEE EXHIBIT'A') Said temporary easement to terminate upon completion and acceptance of contract documents per project identified in Exhibit'A'. For the purpose of a construction easement for sidewalk construction, together with a right-of-ingress and egress thereon. Access to said property will be gained through a new curb-cut off of East Donald Street, with said curb-cut being located 20 feet west of the PTR Point at the southwest corner of the intersection of East Donald Street and East 4th Street. SAID TEMPORARY EASEMENT WILL RELEASE UPON THE COMPLETION OF CONSTRUCTION. IN WITNESS WHEREOF, we have hereunto set our,,hands this _".._0 day of f ,�� 12012. State of Iowa ) Black Hawk County) On this day of 2012, before me the undersigned, a Notary Public in and for Black Hawk County, State of Iowa, persons representing Cassie Pearson to me known to be the persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. IN WITNESS WHEREOF, I have hereunto signed my name and affixed my Notary Seal the day and year last above,writtem /1 . Notary Public 3 • (� SHEET 2 OF 2 ',to L:\work\project\60186260\eng\DonaldStreetTempEsmnts.docx EXHIBIT 'A' TEMPORARY EASEMENT F.Y. 2011 EAST DONALD STREET IMPROVEMENTS CITY OF WATERLOO,BLACK HAWK COUNTY, IOWA PROJECT NO. STP-U-8155(714)-70-07 W W H ;Q '° v ui i I E. DONALD STREET 53.11` 5.48' .- ---- 37.00' --�.,.....:' . ; -28.27 Z 24 /fI ` y 27.92' J Z w O a r- F- V) ha m 10 A F w N LEGEND FEE TITLE ACQUISITION LINE ■■a■■u■■■■■ TEMPORARY EASEMENT LINE 0 25 50 75 100 —1 ADDRESS OF SURVEY SCALE 2857 E.4TH STREET WATERLOO, IOWA 50703 AREA OF TEMPORARY EASEMENT = 474 SQUARE FEET OR 0.09 ACRES COUNTY PARCEL NO. 8913-13-104-002 REVISED 1-12-12 SHEET 1 OF 2 A:COM TEMPORARY EASEMENT 501 SYCAMORE STREET CASSIE PEARSON 433 SHERMAN AVENUE SUITE 222 WATERLOO, IOWA 50703 WATERLOO, IOWA 50703 =�3d0 r ' d aea � � " t 3 oe e3�eaa� r o n 4Av g} AL c a _ M r m 1 0 u O mk* , Hope Ave ue, _ Q . .. , CD n Sherman Avenue O 0 0 o C. N nmi 5i -. D oCD C: O O v COL O �. :3 CD -n o •Boston Avenue m CD 71 e O r East 4t hRStreet v ue Mildred"Aven �6 CITY OF WATERLOO Council Communication City Council Meeting: 2/27/12 Prepared: 2/22/12 Dept. Head Signatur� ���`� # of Attachments: 1 SUBJECT: Black Hawk County Gaming Association Contract for Byrnes Park Drainage Project Submitted by: JB Bolger- Golf& Downtown Area Maintenance Manager Recommended City Council Action: Request Council approve and authorize Mayor to sign agreement with Black Hawk County Gaming Association in the amended amount of$642,000. Summary Statement Expenditure Required $100,000 Golf CIP Improvements Funds Match Source of Funds G.O. Bond Funds-Golf Improvements Policy Issue NA Alternative NA Background Information: Council approved agreement with BHCGA September 12, 2011 to receive $400,000 in funding for this project. The BHCGA revisited the request for funds after their August awards meeting and revised their commitment to $642,000 while nullifying the original $400,000 award. BLACK HAWK COUNTY GAMING ASSOCIATION,__u HLPING THE CEDJ�R VALLEY PROSPER RGANIZATION : City of Waterloo Grant#: FYI 1-88 PROJECT NAME: Byrnes Park Drainage Project Amount: $642,000 Upon acceptance of this grant the grantee agrees to the following: GENERAL PROVISIONS: 1. Funds granted by the Black Hawk County Gaming Association shall be used by the grantee within i2 months of the official public announcement,unless otherwise specified or agreed to at the time of the grant award,or by subsequent action of the Black Hawk County Gaming Association. Projects must be started and completed on time and completed as presented. Failure to do so may be cause for the Board to suspend future payments and demand refund of f payments rendered. A requested for extension must be submitted to the Black Hawk County Gaming Association in writing prior to the expiration date specifying valid reasons. Payments will match the percentage of BHCGA's commitment to the total project budget. 2. This award is to be used exclusively for the purposes specified in the grant,which may represent all,or an of f the projects(s)specified in the grant application Print Name: INITIAL(1) The grant may be subject to special conditions listed below: SPECIAL CONDITIONS: The following special conditions are required in order to receive payment and shall become part of this agreement: i 3. Billing must be submitted to Black Hawk County Gaming Association within 6o days of the completion of the i2 month grant period or sooner if the grant funds have been spent. Please send requests for payment which must include vendor invoice(s)or contract(s)signed by both parties to: t Black Hawk County Gaming Association 229 East Park Avenue Waterloo, IA 50703 4. The Grantee will acknowledge the contribution of Black Hawk County Gaming Association to the program or project wherever and whenever appropriate. This will include,but not be limited to news releases,construction signage, plaques for project sites,decals,brochure or programs,etc.(For example:This program project made possible by funds contributed by the Black Hawk County Gaming Association). Please submit copies of these acknowledgements to the Black Hawk County Gaming Association—for more information please refer to the Publicity Guide 5. The grantee shall be a tax exempt entity at the time the award is paid. I PAYMENT OF GRANT AWARD: To receive payment,documentation of the expenditure of the funds,acceptable to Black Hawk County Gaming Association must be submitted. If the grant is for capital or other purchased services,invoices or signed accepted bids/contracts, acceptable to Black Hawk County Gaming Association must be submitted to obtain payment. If the grant covers consultant andor/contracted services,submit a statement,acceptable to Black Hawk County Gaming Association,verifying that the services were provided and itemize the expense incurred. The billing must be signed by an authorized agent of the organization and contain the grant number listed above. 229 ebue,Materlbo, • t ® Phone •.433.1153 Fox 319.235.2891 • s • CITY OF WATERLOO Committee Communication Finance Committee Meeting: 2/27/12 Prepared: 2Z22/12 Dept. Head Signature: PH # of Attachments: 1 SUBJECT: Approval of agreement with Hellman for Phase 1 of a Marketing and Public Relations Plan for the Cedar Valley SportsPlex. Submitted by: Mark Gallagher, Sports Manager Recommended City Council Action:NA Summary Statement Hellman would provide the following services as part of Phase 1 of the project. 1) Branding Strategy Development 2) Marketing and Pr Awareness Strategy Development 3) Membership Strategy Development Expenditure Required $12,000.00 Source of Funds $10,000.00 in Hotel/Motel Discretionary Funds $2,000.00 in Sports Operating Budget Policy Issue NA Alternative Na Background Information: Construction of the Cedar Valley SportsPlex will begin this Spring with a projected opening date of Fall of 2013. A solid marketing/public relations strategy is crucial in reaching membership goals. H elirnarl Estimate Especially for: Mark Gallagher Prepared by: Bob Hellman/Ann DeBerg, Hellman Date: 2/21/2012 i Cedar Valley Sports Plex Overview: The new Cedar Valley Sports Plex is set to begin construction in downtown Waterloo in early 2012. As a first-of-its-kind facility in the area, developers need to consider an aggressive marketing communications plan to help guarantee the success of this new venue. An extensive marketing plan will need to address overall awareness of the Cedar Valley Sports Plex, as well as brand identity and membership retention. Hellman has provided an estimate for strategic development and projected execution, beginning six months from date of launch. Estimate: (Phase 1) Strategic Development: $10,000— $12,000 (overall costs of all three sub strategies) Hellman will provide a comprehensive strategy for the Cedar Valley Sports Plex that includes: a. Branding Strategy Development Includes logo development and recommendations for optimizing your brand throughout all elements and phases of facility development and opening. b. Marketing and PR Awareness Strategy Development Includes development of all communication tactics to generate awareness and excitement for the opening of the facility. c. Membership Strategy Development Includes initial membership driven tactics and promotions designed to secure members prior to and immediately after facility opening. *Thank you for the opportunity to provide you with this estimate. This estimate is valid for 30 days from the date above. To accept the estimate and initiate work,please sign and return at your earliest convenience. The numbers represented above are to be used as an estimate for the projects discussed. The above cost summary in no way constitutes a warranty of final price. Estimates are subject to change if project specifications are changed or costs for outsourced services change before being locked in by a binding contract. On behalf of Cedar Valley SportsPlex, I hereby agree to retain the services of Hellman to provide Strategic Development for the new Cedar Valley Sports Plex as defined above. Client Approval Hellman Approval E 0 c� Approved By Date Authorized By Date Copyright©2012 Hellman Associates, Inc.All rights reserved. 3 1225 West Fourth Street • Waterloo, Iowa 50702 - 313.234.7055 • fax: 319.234.2089 CITY OF WATERLOO C6'tC i( Council Communication �� � *56q5 City Council Meeting: February 27, 2012 Prepared: February 22, 2012 Dept. Head Signature: S.G. # of Attachments: 1 SUBJECT: Ordinance Change — No Parking Here To Corner in a easterly direction from Logan Ave. and a westerly direction from the alley way in the 200 block of Harrison St. Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Adopt Ordinance Summary Statement: To allow 2 to 3 parking spaces in mid-block. Expenditure Required: Source of Funds: Policy Issue Alternative Background Information: Working with residents and Code Enforcement, to add 2 to 3 parking spaces across from the apartment building, which only has on-street parking for residents. ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY ADDING A NEW SUBSECTION (50b) HARRISON STREET SECTION 553, NO PARKING HERE TO CORNER. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That a new Subsection (50b) Harrison Street of Section 553, No Parking Here to Corner, of the 2008 Traffic Code, is hereby added as follows: (50b) Harrison Street Easterly direction from Logan Avenue and a westerly direction from the alley way in the 200 block of Harrison Street. PASSED AND ADOPTED by the City Council this day of , 2012, and approved by the Mayor this day of ' 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk CITY OF WATERLOO �W)l Committee Communication 0I' j j UyE �d` 56q(P City Council Meeting: February 27, 2012 Prepared: February 23, 2012 Dept. Head Signature: cc # Of Attachments: 1 SUBJECT: Adoption of the 2011 National Electrical Code Submitted by: Craig Clark Building Official Recommended City Council Action: Approval to adopt the 2011 NEC Summary Statement The City Of Waterloo Electrical Board has met and has made the recommendation to adopt the 2011 NEC with the same amendments as the 2009 NEC. This will keep the City of Waterloo parallel with the City of Cedar Falls as to the same code and code amendment. Expenditure Required Source of Funds Policy Issue Alternative Background Information: To be in compliance with the State of Iowa Electrical requirement we need to adopt the most current code. The State requires we have a minimum adoption of the 2011 NEC and can only make amendments that are more restrictive than the State code. CHAPTER 3. ELECTRICAL CODE ARTICLE 1 . ELECTRICAL REGULATIONS, GENERALLY Sec. 9-3-1. Title. This ordinance shall be known as the Waterloo Electrical Code, may be so cited and may be referred to hereinafter as the "Code". Sec. 9-3-2 . Purpose and scope. It is the purpose of this ordinance to adopt an electrical code by reference, including provisions for the inspection and regulation of electrical installation, issuance of permits, the collection of fees, and to provide penalties for violations of this ordinance in order to protect the public health, safety and welfare. The provisions of this code shall apply to and govern all uses, installations, alterations, repairs, removals, renewals, replacements, connections, disconnections, and maintenance of all electrical equipment within the City of Waterloo, Iowa. Sec. 9-3-3 , Definitions . The following words, terms and phrases, when used in this Code, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: (a) Appeal board means the board created in section 11-31 . (b) Approved by the electrical inspector means found by the inspector to comply with the requirements of this ordinance and, in the absence of such requirements, found by the inspector to be safe in respect to life and property as measured by the standards established in this ordinance and the National Electrical Code and National Fire Protection Association Standards. (c) Electrical contracting means undertaking, or offering to undertake, the planning and installation of electrical systems and equipment and the employment, management, supervision and control of electricians and apprentice electricians doing electrical work. (d) Electrical contractor means any person responsible for the activity of planning, or supervising electricians and apprentices doing electrical wiring, work, or Ordinance No. Page 2 equipment installations and connections to apparatus, which is or will be connected to an electric light and power source. (e) Electrical equipment means all electrical materials, wiring, conductors, fitting, conduits, devices, appliances, fixtures, signs and apparatus or parts thereof comprising an electrical system or control of such system. (f) Electrical maintenance work shall mean the repair of the existing electrical equipment, or limited replacement and extensions of branch circuits as determined by the Chief Electrical Inspector. (g) Electrical work means all installations, alterations, repairs, removals, replacements, disturbances, connections, disconnections and maintenance of wiring and electrical equipment, or control of any of the above, over 25 volts, and wiring systems through or by which is conveyed or intended to be conveyed, electrical current in, above, or under any building, structure, tent or premises, public or privately owned, in the City of Waterloo, Iowa. (h) Electrician means any person doing electrical work for an electrical contractor. (i) Examining board means the board created in section 11- 31 . (j ) Licensed or qualified person means any person who has been examined and licensed by the examining board and has its approval to install, remove, alter or make additions to any electrical work in the city. (k) Shall means that the act to be performed is mandatory. Sec. 9-3-4 . Rules of construction. In this ordinance certain terms shall be construed as follows : (a) Electrical terms are definitions relating to electrical equipment, wiring methods and special wiring locations and conditions shall be those accepted by the trade and listed in the National Electrical Code or other recognized safe wiring manuals or tests. Ordinance No. Page 3 (b) Building classification and occupancy shall be determined from the city building code and the city zoning ordinance. Sec. 9-3-5. National Electrical Code adoption. a The 2011 Edition of the National Electrical Code including Article 90, Chapters 1 through 9, and Annex A, B, C, D and H, inclusive, as published by the National Electrical Code Committee, and adopted by the National Fire Protection Association, is hereby adopted by reference and is effective as if fully set forth in this article. Where, in any specific case, different sections of this article specify different materials, methods of construction or requirements, the most restrictive shall govern. Sec. 9-3-6. National Electric Code Amendments . The provisions of this section specify certain amendments, by deletion, addition or substitution of the 2008 edition of the National Electrical Code. Where this section states that an article, subsection, enumeration or exception is deleted, only the specific article, subsection, enumeration or exception is deleted. Where this section states that an article or subsection is deleted in its entirety, all references listed thereafter associated with the specific article (with subsections, enumerations and exceptions) or subsection (with enumerations and i exceptions) are deleted. i (a) Amendments to 2011 NEC Chapter 2 Amendments : (1) 210 . 8 (A) , Dwelling Units, of the 2005 edition of the National Electrical Code with any appropriate editing for cross-references. (2) 210-11 (C) (3) , Bathroom Branch Circuits, is amended by deleting the italicized paragraph entitled "Exception" in its entirety. (3) 220-61 (C) Prohibited Reductions, is amended by adding the following subparagraph: (3) Reduction of neutral or grounded conductor is allowed only under the direct supervision of an electrical engineer. (4) 230-30 Insulation, is amended by deleting the italicized paragraph entitled "Exception" (1) Ordinance No. Page 4 through (4) in its entirety, and adding the following new unnumbered exception: Exception: A grounded conductor shall be permitted to be uninsulated if it is part of a service entrance cable assembly. (5) "230-43 . Wiring Methods for 600 Volts, Nominal, or Less, is amended by deleting items (1) and ( 6) , and by adding the following as a new unnumbered paragraph at the end of the enumerated paragraphs : "Only items (3) Rigid metal conduit and (4) Intermediate metal conduit may be concealed. " (6) 230-50 (A) Underground Service Entrance Conductors is deleted in its entirety and the following sentence is substituted therefore: "Service lateral conductors shall be installed in a raceway not less than two feet underground. " (7) 250 . 4 General Requirements for Grounding and Bonding, is amended by adding the following item: " (C) . Raceway and Cable Grounding. All raceways and cables shall have an equipment-grounding conductor. Exceptions : service cable and raceways, rigid metal conduit, intermediate metal conduit and electrical metallic tubing. " (8) 250 . 52 (a) (5) Rod and Pipe Electrodes, is deleted in its entirety and the following is substituted therefore: "Rod electrodes shall be not less than 2 . 5 m (8 ft) in length, not less than 15 . 87 mm (5/8 in. ) in diameter, and shall be copper clad or equivalent. " (9) 250 . 70 Methods of Grounding and Bonding Conductor Connection to Electrodes, is amended by deleting item (1) , deleting from item (2) the words, "or plain or malleable iron, " and renumbering the remaining items as items (1) through (4) . 2008 NEC Chapter 3 Amendments (1) 300 . 13 (B) Device Removal, is deleted in its entirety and the following is substituted therefore: Ordinance No. Page 5 " (B) Device Removal. In all circuits the continuity of conductors shall not be dependent upon device connections where the removal of such devices would interrupt continuity. " (2) 310 . 106 (B) Conductor Material, is amended by adding the following sentence at the end: "Service Grounding conductors shall be of copper and shall be insulated. " (3) Table 310 . 15 (b) (7 ) 120/240-Volt, 3-Wire, Single- Phase Dwelling Services and Feeders) , is deleted in its entirety. 2011 NEC Annex H AMENDMENTS Sec. 9-3-7 . 80. 9 (C) Additions, Alterations, or Repairs is amended by adding the following: It is prohibited by this ordinance to perform any repair, add to, or revamp any residential service less than 60 ampere electrical service. 80 . 13 Authority, subparagraph (13) , is amended by Inserting a period after the words "ready for inspection", and deleting the words, "and shall conduct the inspection within days . " 80 . 15 Electrical Board, is deleted in its entirety and the following is substituted therefore: ARTICLE 2 . BOARD OF ELECTRICAL EXAMINERS AND APPEALS Membership; appointment of members; term of office. (a) Establishment of the Board. There is hereby established a Board of Electrical Examiners and Appeals, hereinafter referred to as the "Board, " with authority and responsibility as follows : (1) To act as a Board of Appeals as provided in the Waterloo Electrical Code. (2) To periodically review the provisions of the Waterloo Electrical Code and make recommendations to the Building Official for improving and updating said documents. Ordinance No. Page 6 (b) Composition of the Board. The Board shall consist of five (5) members, all of whose place of business, residence, or work is located in the City of Waterloo. All members shall be qualified by experience and training to pass judgement upon matters pertaining to electrical construction. The membership shall be as follows : Two licensed electrical contractors, one licensed, working electrician, a representative from a public utility company furnishing electrical power to the City, one electrical engineer capable of designing systems governed by this code. The electrical inspector shall serve as secretary to the Board. Said Board shall serve without compensation. (c) Appointment of Members and Terms of Office. The members of the Board of Electrical Examiners and Appeals shall be appointed by the Mayor with the approval of the City Council. After initial appointment of the Board the terms of the members shall be for three years except that the initial terms shall be so arranged and staggered so that the terms of no more that two members shall expire any one year. A vacancy within any term shall be filled by appointment of the Mayor with the approval of the City Council for the unexpired portion of that term only. Powers and duties of the Board. The Board of Electrical Examiners and Appeals shall have the following powers and duties : (a) To act upon reports of violations by licensed master electricians and journeyman electricians as filed by the electrical inspector with the Board. (b) To keep a complete record of the official proceedings of the Board; to preserve all documents, books and papers relating to appeals and hearing of complaints and charges for at least three years . (c) To hear appeals from the decision of the electrical inspector and to rule on interpretations of the provisions of the Waterloo Electrical Code, and to determine the suitability of alternate materials and methods of construction consistent with the provisions of the Waterloo Electrical Code. Meetings; records . Ordinance No. Page 7 (a) All meetings of the Board of Electrical Examiners and Appeals shall be held in the council chambers, or other location indicated in a public notice posted 24 hours prior to any meeting. (b) Three members of the board shall constitute a quorum for the transacting of all business, but any action taken by the Board shall require a majority vote of all members of the Board. (c) The Board shall annually elect one of its members as chairperson of the Board. (d) The secretary of the Board shall keep a record of the Board meetings and register the names and residences of all persons examined by the Board and the kind of electrical license issued to each, if any. Right of appeals. Any person shall have the right to appeal any decision of the electrical inspector to the Electrical Board of Examiners and Appeals by filing a written notice of such appeal with the electrical inspector within ten (10) days from the date of the inspector' s decision. The Board shall forthwith fix a time and place of hearing such appeal which shall not be less than five (5) days nor more than fifteen (15) days after the date of filing of the notice of such appeal, and the electrical inspector shall notify the appellant in writing by registered mail of the time and place of such hearing. After the hearing of said appeal, the Board may sustain or overrule the decision of the electrical inspector. Decision of the Board shall be final unless appealed to the courts as by law provides. 80 . 19 (a) is amended by adding the following line item #3: Permit for installation by homeowner. 3. A permit application may be submitted by the homeowner and, upon approval and payment of required fees, an electrical permit shall be issued. Such permit authorizes the owner only to install electrical equipment in the dwelling owned and occupied by the owner, without license or certificate of insurance, and without help from persons other than family members . 80 . 19 (c 1) is amended by adding the following sentence at the end of the section: Ordinance No. Page 8 A permit is not required for these repairs if the cost of the repairs does not exceed $300 . 00 . 80 . 19 (e) is amended by adding the following: Fees . (a) Payment of fees for electrical permits shall be made on or before the tenth day of the month following the date of application for the permit or the date of the statement from the electrical inspector. All fees shall be payable to the City of Waterloo. All accounts over 60 days due will be put on a "hold" status until brought current . (b) Inspection fees shall be paid in such amounts as established by Resolution by the city council. Inspections . 80 . 19 (f) Inspections and Approvals, subparagraph (3) , is amended by deleting the words "or until days have elapsed from the time of such notification". 80 . 23 (b) Penalties, subparagraph (3) , is deleted in its entirety. 80 . 25 (c) Notification, is deleted in its entirety. 80 . 27 Inspector' s Qualifications is amended by deleting said section in its entirety and substituting the following therefore: 80 . 27 Inspector' s Qualifications . ARTICLE 3 . ELECTRICAL INSPECTOR Appointment; qualifications . (a) The electrical inspector is hereby authorized, directed and empowered to inspect any and all buildings, structures, tents and premises, public and private, and, as provided in this ordinance, to condemn and order removed or remodeled and put into proper and safe condition for the prevention of fire and for safety to life and property, all electrical equipment installations and connections of electrical current for light, heat and power purposes, and to control the Ordinance No. Page 9 disposition and arrangement of such equipment so that persons and property shall not be in danger therefrom. (b) The electrical inspector shall have successfully passed any and all examinations administered by the Civil Service Commission, have been recommended to said position by the Building Official, appointed by the Mayor, and confirmed by the majority of all members of the City Council. (c) The appointee shall : (1) Be a qualified electrician and shall have at least five years of practical experience in the electrical trade or five years of experience as an electrical inspector, or, in lieu of such experience, shall be a graduate in electrical or mechanical engineering of a college or university considered by the Personnel Director as having suitable requirements for graduation and shall have had two years of practical electrical experience; (2) Be possessed of such executive ability as requisite for the performance of required duties and have thorough knowledge of the standard material and methods used in the installation of electrical equipment; and (3) Be well versed in improved methods of construction for safety to persons and property, the statutes of the state relating to electrical work and any orders, rules and regulations issued by authority thereof, and in the National Electrical Code. (d) The electrical inspector shall hold a current master or journeyman electrical license with the State of Iowa or shall be required to pass an examination prior to his/her appointment. (e) He/she shall hold membership in the International Association of Electrical Inspectors . NEW Section 80. 28 Licensing, is added as follows : (a) License Required Ordinance No. Page 10 1 . Electrical licenses shall be governed by Iowa Code Chapter 103, Electricians and Electrical Contractors (2008) . (b) No NEW master electrician, journeyman or appliance wireman licenses will be issued after January 1, 2009. Only existing Waterloo licenses or State of Iowa Class A licenses will be accepted by the City of Waterloo. A State of Iowa Class B license will be accepted by the City of Waterloo if the electrician has held a Waterloo license after January 1, 1990 . Existing City of Waterloo licenses will be re-issued to the electrician if the electrician chooses not to get a State of Iowa electrical license. (c) Existing license fees will apply for electricians choosing to renew current City of Waterloo electrical licenses . If you have a new State of Iowa electrical contractor' s license and wish to pull a permit in the City of Waterloo, a one-time registration fee of $150 . 00 will be charged if you have never held a City of Waterloo license. Conditions of certificates of insurance. (a) Any firm or corporation who holds solely a City of Waterloo electrical contractor' s license, who is installing, removing, altering, or making addition to any electrical equipment in the City of Waterloo shall execute and file with the Waterloo Building Official (or a specified inter-governmental agency if so designated by the Building Official) a Certificate of Insurance written by a company authorized to transact business in the State of Iowa, in limits of no less than Three Hundred Thousand Dollars ($300, 000 . 00) combined single limit to any person and One Hundred Thousand Dollars ($100, 000 . 00) property damage; said Certificate to be written on a standard form and carrying an endorsement naming the City of Waterloo, Iowa, and its employees (or the inter-governmental agency designated by the Building Official) as additional insureds as its interest may appear and conditioned upon the faithful performance of all duties required of such contract by any ordinances, rules and regulations of the City of Waterloo, Iowa. It shall be a further condition of said Certificate of Insurance that the obligator will hold the City (through the specified inter-governmental agency if so designed) harmless from any and all damages sustained by reason i Ordinance No. Page 11 of neglect or incompetency on the part of such contractor, his/her agents or employees in the performance of the work done under a license or permit issued upon the filing of said Certificate. (b) Said Certificate of Insurance shall be issued by the 31st day of December of each year, and shall be refiled on or before said date for each subsequent year and shall be in continuous full force and effect. That it is the intent and purpose of said Certificate of Insurance to also bind the individual, company, firm, association or partnership, whether it be trade name, corporation, or other business association or arrangement with which the principal is associated. Expiration and renewal of license; display; transfer. (a) All licenses issued under this ordinance shall expire on December 31 of each year and may be renewed by the holder upon application and payment of the required fee, and certificate of insurance where applicable, at any time within the 30-day period prior to December 31 . Any license not renewed prior to December 31 shall expire 30 calendar days thereafter and shall not be renewed without examination, except on the recommenda- tion of the Board of Electrical Examiners and Appeals . If the Board approves the renewal of the license without re-examination, the license shall be renewed after payment of a double fee. (b) Code update certificate - Renewal of a Waterloo Master Electrician license and a Journeyman Electrician license shall require each applicant to attend and complete an approved eight-hour National Electrical Code (N. E.C. ) update class within twelve months of January 1st of the date on the latest N.E. C. book. A certificate of completion must be submitted to the Electrical Inspection Office before licenses will be renewed. (c) The validity and right of renewal shall be dependent upon strict compliance by the licensee with all city ordinances, and upon the payment of all fines and penalties which are required as a consequence of violations of city ordinances . (d) Every holder of a Waterloo electrical contractor' s li- cense shall keep his/her license displayed in a Ordinance No. Page 12 conspicuous place in his/her places of business at all times. (e) Licenses are not transferable, nor shall they be loaned or rented. Sec. 9-3-8 . Penalty, abatement of violations . (a) Any person violating any provision of this ordinance shall be deemed guilty of a municipal infraction and, upon conviction thereof, shall be punished accordingly. (b) If any electrical work, including construction or repair, is performed within the city contrary to the provisions of this ordinance, it shall be deemed a municipal infraction and, in addition to penalties described, shall be abated in accordance with this ordinance. (c) The doing of any act prohibited or declared to be unlawful, an offense or a municipal infraction by this ordinance or the National Electrical Code, or the omission or failure to perform any act or duty required by this ordinance or the National Electrical Code, is, unless another penalty is specified, punishable as provided in sections 1-15 through 1-17 of the Waterloo code. Sec. 9-3-9. Applicability of ordinance to existing buildings . (a) If any existing building is damaged due to fire, natural disaster or otherwise, the areas that are damaged shall be brought up to current city and national codes . If other areas of the building are altered or repaired due to damages that occurred, these areas must also be brought up to the current codes . (b) If the type of occupancy of an existing building is partially or entirely changed, the electrical wiring shall be made to conform to the requirements of the current city and national codes for the new type of occupancy. Sec. 9-3-10 . Moved buildings . (a) Residential moved buildings shall be brought into compliance with the electrical requirements of new residential-type buildings. Ordinance No. Page 13 Exception: Parts of an electrical system which were not damaged and had been installed in compliance with the electrical code which was in effect at the time of installation may be retained in said electrical systems . (b) Electrical systems in any other moved buildings shall be brought into compliance with the provisions of this Code the same as for new construction. (c) The permanent service connection shall not be made by the power company until the electrical system is completely installed, and is approved by the inspector. (d) The existing service on the moved building shall not be connected to the electrical power source unless specifically approved by an inspector. Sec. 9-3-11 . Disclaimer. This ordinance shall not be construed to affect the responsibility or liability of any party owning, operating, controlling or installing any electrical equipment for damages to persons or property caused by any defect therein, nor shall the city be held as assuming such liability by reason of the inspection or reinspection authorized in this ordinance or the certificates of approval issued as provided in this ordinance, or by reason of the approval or disapproval of any equipment authorized in this ordinance. Sec. 9-3-12 . Liability of electrical inspector. The electrical inspector, acting in good faith and without malice in the discharge of his/her duties, shall not thereby render himself/herself liable personally and he/she hereby is relieved from all personal liability for any damage that may accrue to person or property as a result of any act required or by reason of any act of omission in the discharge of his/her duties. Any suit brought against the city because of such act or omission performed by him/her in the enforcement of any provisions of this ordinance shall be defended by the city. Sec. 9-3-13 . Reserved. Sec. 9-3-14 . Unlawful connections . It shall be unlawful for any person to make connection from a supply of electricity to any electric equipment that has been installed or which has been disconnected or ordered to be Ordinance No. Page 14 disconnected by the electrical inspector, until inspected and approved by the electrical inspector. Sec. 9-3-15. Inspection of wiring required prior to installation of meter. It shall be unlawful for any person to set a meter for electric purposes to any building or premises, wiring of which has not been inspected and approved by the electrical inspector. A violation of this section will cause the electrical inspector to give written notice and immediately cause the removal of such conditions and the discontinuance of such current . Sec. 9-3-16. Alteration of identification or rating markings . It shall be unlawful to cover, remove, alter, change or deface the maker' s name or identification mark or any of the rating markings on electrical equipment. Sec. 9-3-52 . Conflict of interest. It shall be unlawful for the electrical inspector or assistant electrical inspectors to engage in the business of the sales, installation or maintenance of electrical equipment, either directly or indirectly, and they shall have no financial interest in any concern engaged in such business in the city of Waterloo, at any time, while holding said offices. The City Council of the City of Waterloo now hereby establishes licensing fees for electrical licenses as follows : ELECTRICAL LICENSE FEES FOR CITY OF WATERLOO Electrical Contractor License . . . . . . . . . . . . . . . . . . . . . . . . . . . . $150 . 00 The City Council of the City of Waterloo now hereby establishes permit fees for electrical permits as follows : Ordinance No. Page 15 SCHEDULE OF ELECTRICAL INSPECTION FEES CITY OF WATERLOO FEES BASEFEE . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 ROUGH WIRING - OPENINGS: 1 to 14, inclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 15 to 30, inclusive, additional . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7 . 00 Over 30, per additional opening . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 . 20 LIGHTING FIXTURES - INCANDESCENT/FLUORESCENT/PORCELAIN BASES: 1 to 14, inclusive . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 15 to 30, inclusive, additional . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7 . 00 Over 30, per additional fixture . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 . 20 ELECTRICAL SERVICES - TEMPORARY/PERMANENT: Up to 100-ampere capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15 . 00 To 225-ampere capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20 . 00 Over 225-ampere capacity . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30 . 00 Replacement services, additional . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 Subpanels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7 . 00 MOTORS, PER UNIT: 0 to 10 hp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8 . 00 10 to 25 hp . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 Over 25 hp, additional, per hp . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 0 . 50 Residential fan units, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4 . 00 DISHWASHERS, DISPOSALS, ELECTRIC DRYERS, SUMP PUMPS, DOOR OPENERS, WATER HEATERS, COOKING EQUIPMENT: Eachunit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5. 00 Other units requiring an inspection . . . . . . . . . . . . . . . . . . . . . . $ 5 . 00 HEATING AND COOLING UNITS : Each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8 . 00 Cooling unit and air handling units . . . . . . . . . . . . . . . . . . . . . . $ 12 . 00 PTACUnit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12 . 00 ELECTRIC HEATERS, WALL HEATERS, BASEBOARD UNITS: Firstunit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5 . 00 Each additional unit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3 . 00 ILLUMINATED SIGNS AND OUTLINE LIGHTING: Persign . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 Outline lighting, first circuit . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 Ordinance No. Page 16 Each additional circuit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4 . 00 NEON AND ALL SIGNS USING SECONDARY VOLTAGE OF 600 VOLTS AND MORE: First transformer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 Each additional transformer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5 . 00 GENERATORS, X-RAY EQUIPMENT TRANSFORMER, CONVERTERS, PROJECTION EQUIPMENT AND WELDERS AND SPECIALIZED UNITS: Perunit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10 . 00 RE-INSPECTION FEE DUE TO WRONG ADDRESS, NO ADDRESS POSTED, INCOMPLETE WORK, INSUFFICIENT INFORMATION, UNABLE TO ENTER OR FOR CORRECTIONS, EACH TRIP . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50 . 00 WORK WITHOUT A PERMIT . . . . . . . . . . . . . . . double the permit fee or an additional $50 . 00 added to the permit fee which ever is greater AUDITOR'S COPY - MINUTES COMMUNITY DEVELOPMENT BOARD MEETING DECEMBER 209 2011 The regular meeting of the Community Development Board was held in the City Council Chambers, 715 Mulberry Street, Waterloo, Iowa, and called to order by Chairman Eric Johnson at 4:00 p.m. on Tuesday, December 20, 2011. Members present: Mickye Johnson, Gary Rankin, Bob Reisinger, Jeri Thornsberry and Chairman Eric Johnson. Members absent: Amber Boyd. Also present: Rudy Jones, Community Development Director;Nancy Gulick, Community Development Coordinator; Steve Schmitt, Council Liaison; Ann Northey, Administrative Secretary; Michael Coleman, Martha Frazier, Marvin Jenkins, Eastside Ministerial Alliance and Tim Jamison, Waterloo/Cedar Falls Courier. A. APPROVAL OF THE AGENDA. Chairman Johnson indicated Board packets were mailed out and asked for additions or corrections to the agenda. Jeri Thomsberry inquired about an item previously discussed in November concerning the down payment assistance program. It was noted the item was placed on the December agenda under New Business, Item No. 5. It was moved by Mickye Johnson and seconded by Bob Reisinger to approve the Agenda. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON NOVEMBER 8, 2011. It was moved by Gary Rankin and seconded by Jeri Thornsberry to approve the minutes for the regular meeting on November 8, 2011. Motion carried. C. OLD BUSINESS. 1. Single Family Unit Production—Round 1 Update. Rudy Jones indicated the final three units are substantially complete with a few punch list items remaining. We are still waiting on dates for the final closings. We did receive an extension from the State on this proj ect. Chairman Johnson indicated he drove by the homes and they look very good. Hopefully, they will sell and close soon. Bob Reisinger asked if the developers were finished with Round 2 at Summerland. Rudy Jones stated the Summerland project is very close to completion and Iowa Development will be ready to start Round 3 in January. Minutes December 20, 2011 Page 2 Chairman Johnson mentioned Round 4 may now be a possibility and this is good news. Rudy Jones indicated that all units in Round 4 would have to be at$150,000 or less, so we are estimating 15-20 units. Notices have been sent to developers and we will be getting proposals in January and will make a decision in early February. Bob Reisinger inquired about new construction at the former Van Eaton School site. Rudy Jones stated a meeting is set up with the developers at Summerland to discuss their Round 3 funding. Iowa Development group originally proposed a cul-de-sac for the site and they still can do row houses. They will also be working on their other units in Summerland. Gary Rankin asked about advertising for Round 4 developers and is it possible to build condo or four-plex units. Rudy Jones stated this process is open to anyone who is willing to meet the requirements. Notices were sent to a dozen prospective developers,notice is on our website and information went to the builders association. Mickye Johnson inquired if there was a possibility of Round 5 funding? Rudy Jones indicated this is State government funding and anything is possible. Chairman Johnson asked if Board members would like this item to continue as Old Business, since we have pushed to get through the extensions for the current projects. Gary Rankin indicated he would like to be informed when the new construction homes have been sold and suggested we keep this on the agenda. 2. Neighborhood Stabilization Program—Round 3 Update. Rudy Jones indicated we have initiated Phase 1 on these sites to ensure no potential environmental or contamination hazards are located in those areas. We also have initiated the demolition project with bids coming back in January and are preparing to solicit bids for the rehabilitation of the unit at 1013 Lafayette Street. All this activity will allow for demolition and rehabilitation work beginning in the Spring. We propose to have new construction starting next Spring as well. NSP3 demolition of five to six units will also be identified and the process started. Bob Reisinger inquired if we would be building new construction on these demolition sites and what will be the size of the lots. Rudy Jones indicated we are proposing 50-foot lots, with three units in the 900 block of Lafayette and an existing 50-foot lot in the 1000 block at 1021 Lafayette. Rudy indicated that NSP3 funding would be utilized for these projects. Jeri Thornsberry inquired about the process for demolition and new construction and selling these homes. Rudy Jones stated we would possibly be soliciting a request for professional realtor services to market and sell these units. He noted our down payment assistance component would assist us in getting qualified low- income persons into these homes. The NSP3 project budget is just under $600,000. Minutes December 20, 2011 Page 3 3. Status Update on Analysis of Impediments to Fair Housing Choice. Rudy Jones explained there were approximately 12 items identified through this analysis that needed to be addressed by the Board. He noted a written report would be submitted for review, but stated briefly that work has begun as follows: 1)the hiring of low-moderate income persons was an important issue and through our Lead Grant funding we are going to offer training for 8 hour and 24 hour lead training certifications. 2) Another item being addressed is to add new board members, with two or three changes in the coming months. 3) Improve relationships with landlords of Black Hawk County. Rudy noted he has worked with Sue Schauls of Black Hawk County and there have been training workshops over the past months, so we are making some progress since our last report. Jeri Thornsberry stated that initially we wanted this report quarterly, and now believes every six months would be a sufficient timetable. Other Board members were in agreement. Chairman Johnson indicated Rudy's written report would be forthcoming on the progress being made with the Impediments to Fair Housing in Waterloo. D. NEW BUSINESS. 1. Accept resignation of Board member, Kenneth Adderley. Chairman Johnson noted Dr. Kenneth Adderley submitted his resignation as a member of the Community Development Board on December 7, 2011. It was moved by Jeri Thornsberry and seconded by Bob Reisinger to accept the resignation of Dr. Kenneth Adderley. Motion carried. Chairman Johnson instructed Rudy Jones to forward a request to the Mayor to fill this position on the Board. 2. Appoint new Board Secretary. Chairman Johnson noted since Dr. Adderley was the official Board Secretary, we need to fill this position. Following discussion, Bob Reisinger volunteered to serve in this capacity. It was moved by Gary Rankin and seconded by Jeri Thornsberry to appoint Bob Reisinger to serve as Board Secretary. Motion carried. 3. Endorse Rehabilitation Contracts for November 2011. (Report attached.) Chairman Johnson indicated the November Rehabilitation Contracts report was included in the packet. It was moved by Bob Reisinger and seconded by Gary Rankin to endorse the rehabilitation contracts for the month of November 2011. Motion Carried. 4. Council Work Session on FY2013 CDBG and HOME Funding Cycle. Chairman Johnson indicated this is a brief meeting with the Board and City Council to discuss our funding cycle for FY2013 CDBG and HOME programs. The Chairman inquired if this work session would be scheduled before the subcommittee begins their review. Rudy Jones noted the work session will be on January 9, 2012 and we hope to meet with the subcommittee members prior to that time, during the week of January 4-6, 2012. Rudy indicated the Mayor has appointed Quentin Hart and David Jones to assist as Council Liaison on the subcommittee. Minutes December 20, 2011 Page 4 Rudy noted, in light of all the funding cuts we have recently received, it is very critical to have the council understand how this will impact our programs this year. 5. Report from Coalition Meeting on Down Payment Assistance Program. Bob Reisinger reported the housing coalition met to discuss affordable homeownership opportunities in the Cedar Valley. Lenders, realtors, mayors, INRCOG and city council members make up the Cedar Valley Coalition to keep communications on going on the various grants,programs and assistance offered in the Cedar Valley. Bob reported that some of the lenders are concerned that they are no longer familiar with our programs and commented they have lost touch. Bob stated that Ethel Washington is working to put together some information for their group. He also gave a brief background on how the coalition began and when the realtors got involved. We need to get our guidelines to them and let them know what other programs can be combined to help stabilize a low-income buyer. Bob Reisinger also reported that the Coalition members expressed concerns that our Subordination Fee of $300 was excessive and wondered if there could be any adjustment to this fee. Rudy Jones stated the down payment assistance program is still in place, however, activity has been reduced possibly due to the overall condition of the housing market. Chairman Johnson suggested an education blitz with the realtors and lenders might be required. Bob Reisinger stated this would be a good idea, as we haven't had anyone from Community Development or the Waterloo Housing Authority talk about these programs for some time. The location of the Cedar Valley Housing Coalition meetings will be quarterly at the Waterloo/Cedar Falls Board of Realtors office. Chairman Johnson inquired about the subordination fee. Gary Rankin indicated only those getting an approved subordination must pay the fee. Rudy Jones expressed that we have the same amount of staff time reviewing these request whether they are approved or not and at times it takes several months to finalize the paperwork, with follow up calls, etc. Nancy Gulick explained that the lenders do charge for closing costs and many times when the caller understands the fee situation, the subordination is dropped. Bob Reisinger expressed his concern that we are penalizing the ones who can least afford the fee. Discussion continued on whether to charge a fee for each subordination,whether approved or not and it was recommended the staff review the matter and provide a recommendation at the next meeting. 6. CHDO Request—Eastside Ministerial Alliance. Rudy Jones reviewed background information for the Community Housing Development Organization (CHDO)previously initiated with Operation Threshold and currently the status with Habitat for Humanity. Rudy noted that Eastside Ministerial Alliance (EMA)representatives have been working with staff for over two years to certify their organization as a CHDO. Current information has been reviewed and there are staff concerns based upon the requirements necessary to determine CHDO status. One major concern is Minutes December 20, 2011 Page 5 whether EMA has capacity for this designation. Chairman Johnson asked for an explanation of the CHDO designation for newer Board members. Rudy Jones indicated that Nancy Gulick on staff is HOME certified and directly handles the review of this activity. Nancy Gulick explained that CHDO stands for Community Housing Development Organization, and as an entitlement community we are required to allocate 15% of our HOME funds to a certified CHDO. Each CHDO must meet certain regulations; i.e.: their Board must be comprised of certain percentages; Board members can be a developer, sponsor or an owner of a property. They must be financially sound and have the capacity and experience to complete a project. We have a HUD worksheet to follow to confirm these factors. Chairman Johnson stated 15% of HOME funds must go toward a CHDO, so if we have two CHDO's, do we split the funds evenly between them? Nancy Gulick responded no. The Board can award CHDO status to one or both entities. Chairman Johnson asked if there were other advantages to becoming a CHDO in the HOME program. Nancy Gulick stated she did not know of any specific advantages. She did mention that HOME funds this year have dropped by 20% over our last funding cycle, with an estimated allocation of approximately $454,000 expected. Chairman Johnson indicated Wells Fargo has provided a housing unit for Eastside Ministerial Alliance (EMA)to rehabilitate. He inquired if Community Development was providing funds for this rehabilitation. Rudy Jones indicated there is no guarantee,but EMA is in the process of applying for additional funds through our FY2013 funding cycle process. All project designations come through the subcommittee that reviews the applications, and this won't be confirmed until after the public hearing process. Chairman Johnson indicated CHDO certification comes through the Board. He asked Rudy Jones if it was his recommendation to certify them as a CHDO today? Rudy stated no. He indicated he hopes that with the property EMA is going to receive,they provide a plan of action to rehabilitate it and submit a funding request through our normal funding cycle process to show us they have capacity to do this work, apart from the official CHDO status. Rudy stated if the subcommittee reviews their application and builds confidence in their ability to perform through the full regulatory process, then consideration could be given for CHDO status. We must reimburse funds spent, so they must be able to finance their project. If they successfully do this process it would provide greater confidence they have the capacity to perform as a CHDO. Mickye Johnson indicated if they meet these qualifications,how does this status become a reality. Rudy Jones stated everything must be in order to qualify. Minutes December 20, 201.1 Page 6 After considerable discussion Chairman Johnson opened the floor to EMA representatives. Rev. Michael Coleman indicated a house has been given to them to rehabilitate and they will apply for funding to complete this house. Mr. Coleman stated the only way they can do this is to be certified as a CHDO, as they see the restrictions differently than the Community Development staff. Mr. Coleman related their capacity and experience on other projects. Pastor Marvin Jenkins, a Board member for EMA stated two things were pertinent, their financial ability and reserves. They are in a$2 million dollar building and they have credibility and leverage to go after any project. Mr. Jenkins explained they have financial ability to do what needs to be done and they are capable, as he is a founding member of Habitat for Humanity from Webster County. He stated he has been rehabilitating houses for the last 25 years, and many multi-family complexes have been successfully completed. He noted there is much blight in Waterloo, and we have many eyesores that EMA would like to expedite the rehabilitation of these homes to bring them back up to standard. This is their goal and he indicated the resumes of Board members already prove them well capable of directing the rehabilitation of houses. Rudy Jones stated we have not called into question your ability to rehabilitate homes. Our concern involves the stringent criteria in meeting the HOME certifications, both for contractors with lead abatement experience and time lines for completing the processes. We questioned Board experience with the resumes that came in to us. Rudy Jones asked for 30 days to revisit this matter. Chairman Johnson indicated the staff would make a recommendation and if EMA were given funds and the project does not go well, then the staff will de-certify them. If staff recommends denial,we would give EMA time to respond. Further comments were made by Pastor Jenkins concerning the need for additional time when this process has already taken two years. He reiterated their abilities to meet the time lines required by the program. Rudy Jones asked for this additional time to reconvene and review this matter with staff. We asked for information and it was 6-12 months before we heard back, we are only asking for 30 more days and you will have a definitive answer. Martha Frazier indicated they have provided all the information that was asked for to complete this process. They also worked with the Housing Authority staff and provided the resume information required. She noted they streamlined the resumes and sent them back in. Chairman Johnson stated he would like to briefly deescalate the discussion. He noted as a Board we lean on our staff and value their opinions, so it is hard for us to unilaterally decide to do something without staff approval. He directed his comments to staff and asked if we wait 30 days will EMA be jeopardized in this next funding cycle. Rudy Jones replied no. He explained the first public hearing is on January 10, 2012 and we will have a recommendation, one way or the other by that time. Minutes December 20, 2011 Page 7 Nancy Gulick stated to Rev. Coleman that you could certainly make application to use HOME funds for your project as Eastside Ministerial Alliance. You do not have to be a CHDO to apply for those funds; however, your application must be submitted by December 30, 2011 by Noon. Rev. Michael Coleman stated we are just asking for the CHDO status because the distinction does carry some weight and helps us collaborate with other sources to leverage funding for our projects. Nancy Gulick stated even if tonight the Board awarded you CHDO status,there are no funds available. The Board has to make that allocation through our process of reviewing all the applications, and still no funding is available until July 1, 2012. Rev. Jenkins stated they were aware of this fact, however, they are puzzled why additional time is required since they have met all the requirements asked of them. Pastor Jenkins noted they want to be recognized as a CHDO so we can do what we have to do for the community. Rev. Michael Coleman stated all our information should be turned in. Our goal is to become a CHDO, not just apply for rehabilitation assistance. Mickye Johnson spoke to their financial resources and asked if this could be utilized to confirm financial stability. They have indicated several homes have been rehabilitated and both churches have indicated their capacity. The other thing is the federal regulations concerning lead training. Mr. Johnson noted EMA representatives stated they have been trained on the lead based paint issues. Rudy Jones inquired as to the lead certifications. Rev. Michael Coleman stated Christopher Leach gave initial certification. Pastor Jenkins stated if there is anything else needed there is no problem in obtaining the information and this lead to further discussion among EMA representatives and members of the Board concerning certifications and other designations. Rudy asked them to provide copies of their 24-hour certifications for Lead Abatement. Chairman Johnson addressed the EMA representatives and indicated he appreciated their presence, and if we have dropped the ball we apologize and hope to get to the bottom of this and make a recommendation at the next meeting. If staff needs more information they will be in contact with you. You must understand we cannot make a recommendation as a Board if we do not have input from the staff. Pastor Jenkins asked whom the Chairman was referring to as staff, and Chairman Johnson responded it was Rudy Jones,Nancy Gulick and other paid staff members that work within the Community Development office. Rev. Michael Coleman asked that before the Board comes back in January, that they review the minutes of record from EMA's last visit, noting this dialogue sounds the same as their last meeting with the Board. E. DISCUSSION ITEMS. Councilman Steve Schmitt expressed gratitude to the Board, as this would be his last meeting as liaison and advised that Carolyn Cole would be taking his place. Minutes December 20, 2011 Page 8 Jeri Thornsberry inquired if there was a document listing all Board policies. Chairman Johnson indicated there are certain formal policies that have been adopted by the Board and we will put together that information for new Board members. F. ADJOURN MEETING. With no further business to come before the Board, the Chairman adjourned the meeting. Respectfully submitted, Robert J. Reisinger, Board Secretary Minutes December 20, 2011 Page 9 Nov ember 2011 Contracts sign ed ........... ........................................ ........................................................................................................................................................................................................................................ .............................................................. ............... ...................................................................................................................... --------------------- ......................................... 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WATERLOO, IA 50702 (319)291-4553 FAX(319)291-4523 _ _ LARRY N.SMITH SUPERINTENDENT Council Communication -�`IJIa Mayor City Council Meeting: 1/30/2012 BUCK Prepared: 1/23/2012 CLARK Dept. Head Signature: Akz # of Attachments: COUNCIL MEMBERS SUBJECT: Security Services ................... DAVID JONES Ward t Submitted by: Larry N. Smith CAROLYN COLE Recommended City Council Action: Requesting permission to seek bids to provide Ward 2 security services for the Waste Management Services Department. HAROLD GETTY Ward 3 QUENTIN Summary Statement: HART Ward 4 RON WELPER Expenditure Required: Ward S BOB GREENWOOD Source of Funds: At-Large STEVE Policy Issue: SCHMITT At-Large Alternative: Background Information: Security services to be provided from 3:00pm - 7:00am daily. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319)291-4553 FAX(319)291-4523 O • • LARRY N.SMITH SUPERINTENDENT Mayor TO WHOM IT MAY CONCERN: BUCK CLARK The Waste Management Services Department Waterloo, Iowa is seeking bids on security services for the Waterloo Waste Water Plant, Yard Waste site and surrounding areas. Please COUNCIL refer to the enclosed bid proposal document for the scope of services. Bids are due in the City MEMBERS Clerks office by 4:00 pm Monday February 27, 2012 and will be opened at the City Council "' meeting at 5:30 pm in City Hall 715 Mulberry,Waterloo,Iowa 50703. DAVID JONES If you have any questions on the bid document,please contact my office at 291-4553. Ward I CAROLYN Sincerely, COLE Ward 2 HAROLD Larry N. Smith, Superintendent GETWard 3 Dept. gWaste Management Services Ward 3 City of Waterloo,Iowa QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At-Large STEVE SCHMITT At-Large h WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer PROPOSAL TO PROVIDE SECURITY SERVICES FOR THE WASTE MANAGEMENT SERVICES DEPARTMENT,CITY OF WATERLOO, IOWA REQUEST FOR BID PROPOSALS The undersigned being a corporation existing under the laws of the State of Iowa; a partnership consisting of the following partners ' or an individual doing business as , being fully familiar with the specifications affecting the cost of this service, (hereinafter"Contractor")hereby offers to furnish said service to the Waste Management Services City of Waterloo Iowa SUBMISSION OF BID PROPOSALS Sealed bid proposals shall be received by Waterloo City Clerk 715 Mulberry St. Waterloo, Iowa 50703 by 4:00 PM Monday February 27t` 2012, any proposal submitted after the specified time shall be rejected. SCOPE OF SERVICES 1. Greneral Contractor shall be responsible for providing security at the Waterloo Waste Water Plant, Yard Waste site and surrounding areas. 2. Hours of Operation Contractor shall provide one (1) person with one (1) mobile phone, said person attired in a uniform style shirt with security officer patches/badges and dark trousers primary work area will be the guardhouse located within the parameter of the Waste Water Plant. Additional seasonal work maybe required at the yard waste site located within view of the guardhouse. Normal hours of operation for security purposes will be 2:30 pm until 7:00 am the following day 365 days per year. Contractor shall keep a daily,the purpose being for City's reference and billing purposes,among others. The daily log shall be submitted upon the end of the shift. 3. Duties Contractor's duties shall include,but not to be limited to the following: A. Will report to shift operator prior to 1500 hours. B. Note any suspicious activity and take action,as deemed appropriate and necessary. C. Make a round of the plant facilities by 1800 hours to insure doors are locked in appropriate buildings. D. Immediately report to appropriate law enforcement, including the Waterloo Police Department any crime occurring in the areas for which Contractor is responsible. Contractor shall further report to the Superintendent of Waste Manage Services or their designee by the next business day after the occurrence of said crime(s) about any crimes occurring in the area for which it is providing security. 1 E. Contractor will be responsible answer after hour calls and call appropriate on call person F. Contactor will monitor the alarm SCADA system for Waste Management Services Department and take appropriate action. 4. Financial Res»ons_ ihilitT Contractor shall provide to City proof of certificate of insurance naming the city of Waterloo as additional insured, including liability coverage in an amount not less than Five Million Dollars($5,000,000)and Worker's Compensation as required by law. 5. Supervision Contractor shall have a supervisor accessible to City at all times of operation. Contractor shall also designate an administrative contact person who shall be the one responsible for all communication and correspondence. 6. Contract Length This Agreement shall be valid for one year, renewable for an additional year if the parties can reach mutual agreement on the terms. Services are to commence on July 1, 2010. Waste Management Services Department reserves the right to adjust the contract hours by providing at least seven (7) days written notice to Contractor of said intent. If this right is exercised,the remaining portion of this Agreement shall remain in full force and effect until the termination of this Agreement, which shall be 7. Communication All written communication shall be to Larry Smith, Superintendent Waste Management Services Department City of Waterloo Iowa or by phone 319-291-4553. 8. Cancellation Waste Management Services Department City of Waterloo Iowa may cancel this Agreement by providing written notice of said intent at least thirty (30) days prior to said cancellation. This Agreement may also be canceled in the event any of the provisions of this Agreement are unfulfilled by Contractor. 9. Modification No provision of this Agreement may be modified unless there is written mutual agreement between the parties. 10. Assignment There shall be no assignment of this Agreement without prior written approval of the City Council City of Waterloo, Iowa. 2 GENERAL REQUIREMENTS FOR SUBMISSION OF BID PROPOSALS All bid proposals must be submitted to the City Clerk of Waterloo Iowa in a sealed envelope clearly marked as follows: "BID PROPOSAL FOR SECURITY SERVICES AT THE WASTE MANAGEMENT SERVICES DEPARTMENT CITY OF WATERLOO,IOWA". The name of the business submitting the bid proposal must also be clearly marked on the envelope. All bid proposals must meet or exceed minimum specifications as previously defined. Bid proposals that do not meet or exceed the minimum specifications, as determined by Waste Management Services, shall be rejected. All bid proposal prices, upon submission by bidder, are recognized by the Waste Management Services Department and vendor to be irrevocable for thirty(30)days. The bidder shall specify any deviations that he/she proposes from the above specifications in the same sequence as stated in said specifications. By attachment, the listed deviations become a part of this bid. The Waste Management Services Department reserves the right to reject any and all bid proposals, or any and all parts of a bid proposal. Upon acceptance of the bid proposal by the Waterloo City Council notification will made to contractor a copy of this proposal bearing the Mayor and City Clerk of Waterloo, Iowa, signature shall constitute acceptance of the bid proposal and,therefore, be a legal binding agreement. OPENING AND ACCEPTANCE OF BID PROPOSALS Sealed bid proposals will be opened and read at the City Council Meeting Monday February 27th in the City Hall Council Chambers at 715 Mulberry St. Waterloo, Iowa, and all bidders understand that they may be in attendance at the bid proposal opening. Bid proposals will be acted on by the Waterloo City Council at their next regularly scheduled meeting. PAYMENT PROCEDURE Payments to the Contractor shall be made on a monthly basis. Payments will be made within fifteen(15) days of the submittal of an invoice for the actual hours provided by the Contractor. The statement should inelucle number of hours being billed and hourly rate. Invoices shall be mailed to: Waste Management Services Department City of Waterloo Iowa, 3505 Easton Ave Waterloo Iowa.50702 3 PROPOSAL PRICE Hourly Est. Yearly Total Annual Cost Hours l�St Security Services (Per person hour) This bidder, having fully read this document, hereby acknowledges that this bid proposal completely reflects the total bid as contained herein. Name of Company By: Title Address City, State&zip code Telephone No. 4 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1375108 NOTICE OF PUBLIC HEARING AND NOTICE notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/09/2012 , in the issues of 02/09/2012 of said newspaper, and that the annexed rate of adverti7ing is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice . NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the of bids for Printer' s Bill $18 . 71 SECURITY SERVICES f RVICESFOR THE WASTE MANAGEMENT SERVICES DEPARTMENT Sealed proposals will be received by the City Clerk of the City of Waterloo,Iowa, at her office in the City Hall of said City on the 27th day of February,2012,until 4:00 p.m.,for Security Services for the Waste MaDagementServices Department. Signed All proposals received will be opened in the Council Chambers in the City Hall in the City of Waterloo,Iowa,on the 27th day of February,2012 at 5:30 p.m.Bid proposals will be acted upon at that time Subscri ed and sworn to before me this or at such time as may then be fixed. Notice is hereby given that the Council of the City of Waterloo will conduct a public day of r (O I hearing on Request for Proposals,form of contract,etc.for Security Services for the Waste Management Services De- partment at 5:30 p.m.on February 27, 2012 in the Council Chambers in the City n?V0 1,73 Hall in the City of Waterloo,Iowa. The M f XPif ES proposed bid form is on file in the office 1 of the City Clerk for public examination. ARequest for Proposals document may be obtained from the Waste Manage- ment Office,3505 Easton Avenue,Wa- ary Pub! terloo,Iowa,50702. Anyone who is interested may appear at said time and place and be heard or may file written objections with the City Clerk, City Hall,Waterloo,Iowa,before the Received of date set for said hearing. By order of the Council of the City of We- terloo this 30th day of January,2012. Suzy Schares the sum_of Dollars City Clerk__ in full for publication of the above invoice . Notary Seal : Security Services at Waste Management Services February 27, 2012 Bid Tab Bid Security Not Required Bidder Bid Amount Per Mar Security 510 1St Street SW $77,986.290 Cedar Rapids, IA 52404 Premier Security 1207 G Avenue NE $80,701.50 Cedar Rapids, IA 52402 Superior Security Services P.O. Box 132 $72,657.81 Waterloo, IA 50704 I do solemnly swear that the annexed copy of legal STATE OF IOWA, } City of waterloo Public Hearing—Asbestos Abatement/Sycamore Black Hawk County SS Notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 23rd day of February, 2012 in the name of said newspaper, and that the annexed rate of advertised is the regular NOTICE OF PUBLIC HEARING legal rate of said newspaper, and that the following is AND NOTICE TO BIDDERS for the taking of a correct bill for publishing said notice. Request for Proposals for ASBESTOS ABATEMENT SERVICES FOR THE FOLLOWING PROPERTIES: 820 AND 910 SYCAMORE STREETS; Printer's Bill $21.83 626-628 WEST 9TH STREET; 1518 WEST 4TH STREET;AND 625 GLENWOOD STREET Sealed Request for Proposals will be re- ceived by the City Clerk of the City of Waterloo,Iowa,at her office in the City Hall of said City on the 27th day of Feb- ruary,2012,until 4:00 p.m.,for Asbestos Abatement Services for the following properties: 820 and 910 Sycamore Streets;626-628 West 9th Street;1518 Signed West 4th Street;and 625 Glenwood Street. Notice is hereby given that the Council of the City of Waterloo,Iowa will conduct public hearing on the Request for Pro- posal document,plans,specifications, Subscribed and sworn to before me this Pro- form of contract,etc.for Asbestos Abate- ment Services for the fallowing proper- y ties:820 and 910 Sycamore Streets; 626-628 West 9th Street;1518 West 4th Street;and 625 Glenwood Street at 5:30 Day of ^^ /� 'A,,D c 20. p.m.on February 27,2012,in the Coun- cil Chambers in the City Hall in the City of � e u e 7Waterloo,Iowa.The proposed Request - ` for Proposal document,plans,specifica- t Ivl ON EXP4LSS tions,form of contract,etc.is on file in the office of the City Clerk for public - " examination.A Request for Proposal document,plans,specifications,form of Notary Public contract,etc.may be obtained from the Planning and Zoning Officg,715 Mulber- ry Street,Waterloo,Iowa,50703. Anyone who is interested may appear at Received of said time and place and be heard or may file written objection with the City Clerk, City Hall,Waterloo,Iowa,before the date set for said hearing. By order of the Council of the City of Wa- terloo this 20th day of February,2012. Suzy Schares City Clerk the sum of Dollars. In full for publication of the above notice. CITY OF WATERLOO Council Communication City Council Meeting: February-4, 2012 Prepared: February 10, 2012 Signature: Daniel Trelka,,--_ # of Attachments: 7 SUBJECT: Automobile Lease Agreement between Waterloo Police Department/City of Waterloo and C & S Car Company Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Adopt a resolution authorizing Mayor Clark and City Clerk Suzy Shares to sign the attached lease from C & S Car Company Summary Statement: On September 12, 2011, City Council approved a six- month lease between Waterloo Police Department/City of Waterloo and C & S Car Company. On February 8, 2012, we were informed that C & S Car Company sold the vehicle and is replacing it with another vehicle. We are requesting that City Council approve the new Automobile Lease Agreement between C & S Car Company and the City of Waterloo, allowing Mayor Clark and Suzy Schares to sign said agreement. The lease will run from February 20, 2012 to August 20, 2012. Expenditure Required: No financial contribution is needed by the City of Waterloo Source of Funds: N/A Policy Issues: N/A Alternative: N/A Background Information: CITY OF WATERLOO i Council Communication City Council Meeting: 2/27/12 Prepared: 2/17/12 Dept. Head Signature: PH # of Attachments: 1 i SUBJECT: Resolution-to approve fee for sports and aquatics programs for Spring 2012-Winter 2013. A copy of the proposed fees is attached j Submitted by: Mark Gallagher, Sports Manager i Recommended City Council Action: Pass said Resolution Summary Statement: Fees are recommended to the Leisure Services Commission for approval. The Leisure Services Commission approved the recommendations at their meeting on 2/14/12. l Expenditure Required NA Source of Funds: NA Policy Issue: NA I Alternative: NA i Background Information: The Leisure Services Commission approved the recommendations at their meeting on 2/14/12. WATERLOO LEISURE SERVICES SPORTS FEES PROPOSAL -- SPRING 2012-WINTER 2013 Miscellaneous Spring/Summer Programs 11-12 actual 12-13 proposed Sports Sampler $35 $35 Adult Kickball League $50/team $50/team Cheerleading Camp $15 $15 Katoski/Kiwanis Pee Wee Golf Classic $12 $12 Elks Youth Golf Classic $5 $5 Hershey Track Meet(sponsored by Gates Park Optimist Club) FREE FREE Summer Slam Basketball Tourney $40/team $40/team Diamond Reservations $5/hour $5/hour Outdoor Adventurers I ----- need for increased staffing $30 $35 Outdoor Adventurers II ---- need for increased staffing $30 $35 Cedar Valley Track Meet $6 $6 Summer Hoops League (W/YES+) $20 $20 Outdoor Soccer League(P/K& 1st/2nd) $30 $30 Baseball/Softball Programs 11-12 actual 12.13 proposed Pitching/Catching Clinic $30 $30 Pre-K Tee-Ball--- Rookie League (sponsored by Waterloo Rotary Club) $30 $30 1st Grade Beginning Baseball/Softball---A League (sponsored by Waterloo Rotary Club) $30 $30 2nd-3rd Grade Baseball/Softball---AA League (sponsored by Waterloo Optimist Club) $55 $55 4th-5th Grade Baseball/Softball---AAA League (sponsored by Waterloo Optimist Club) $55 $55 6th-8th Grade Baseball/Softball---Major League(sponsored by Waterloo Optimist Club) $60 $60 Aquatics Programs 11-12 actual 12-13 proposed Daily Admissions (4 Years and above) $3.00 $3.00 Daily Admissions (under 4 years) $0.50 $1.00 Family Night Admission $7.00/family $7.00/family Pre-School Swim $2.00 $2.00 Doggie Swim $5/dog $5/dog *Family Season Pass(up to five family members) $gg $gg Fee for additional Family member $10 $10 *Individual Season Pass $44 $44 *Senior Season Pass(over 62 years) $10 $10 10 Punch Pass $25 $25 Pre-Paid Pass(used by youth serving agencies and day cares) $2 $2 Replacement Pass $7.50 $7.50 Gates Pool Rental (under 100 swimmers) $175 $175 Gates Pool Rental (over 100 swimmers) $200 $200 Learn to Swim Program---- increassed staff costs $30 $35 Learn to Swim Program -Infant&Toddler----increased staff costs $15 $20 Learn to Swim Program -Pre School ----increased staff costs $25 $30 American Red Cross Guard Start $25 $25 American Red Cross Junior Lifeguarding Program $30 $30 Tennis Programs 11-12 actual 12-13 proposed Net Stars $25 $25 National Junior Tennis League (NJTL) (sponsored by Metropolitan Tennis Association) $30 $30 Junior Team Tennis $35 $35 Tournament Group $45 $45 Evening Youth Tennis Lessons $25 $25 August Tennis Camp $20 $20 Miscellaneous FallOinter Programs 11-12 actual 12-13 proposed 1st-6th Flag Football (spons.Waterloo Optimist Club)--increased uniform costs+ additional games $40 $45 Pee Wee Football Camp $25 $25 Adult Volleyball League (single season) $95 $95 Adult Volleyball League (both seasons) $160 $160 Adult Basketball League $325/team $325 Adult Dodgeball Leagues $75/team $75/team High School Co-Ed Volleyball League $40/team $40/team Junior High Volleyball League $40/team $40/team Holiday Open Gyms $1/visit $1/visit 3rd-6th Grade Youth Volleyball ---- increased meetings $20 $25 Pre-2nd Indoor Soccer $25 $25 Pre-K Jr. NBA/WNBA Youth Basketball (sponsored by Waterloo Optimist Club) $25 $25 1st Jr. NBA/WNBA Youth Basketball (sponsored by Waterloo Optimist Club) $25 $25 2rd-3rd Jr. NBA/WNBA Youth Basketball (spons. by Waterloo Optimist Club)--increased meetings $30 $35 4th-6th Jr. NBA/WNBA Youth Basketball (sponsored by Waterloo Optimist Club) $45 $45 Whiffle Ball League $30/team $30/team Jr. Olympics Skills Competitions FREE FREE Start Smart $25 $25 Start Smart Indoor Tee-Ball $25 $25 Turkey Shoot(sponsored by Waterloo Optimist Club) FREE FREE 3 on 3 Basketball Tourney $25/team $25/TEAM Wrestling Clinic $20 $20 IPRA Spot Shot $5 $5 High School Dodgeball Tournament $20/team $20/team Spring Break Sports Camps (K-2nd) $25 $25 Spring Break Sports Camps (3rd-5th) $30 $30 *Season pool passes are proposed to be sold with a 10%discount if purchased by April 30 CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 • • NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: BUCK Prepared: 2/21/12 CLARK Dept. Head Signature: g # of Attachments: 8 COUNCIL MEMBERS "' SUBJECT: Request to approve First Amendment to Contract for Demolition DAVID and Site Clearance Services (no RACK Group 2 dated November 14, 2011 for JONES demolition and site clearance services pertaining to the City of Waterloo's Hazard Ward l Mitigation Grant Program (HMGP) to authorize Change Order No. 1 for a net CAROLYN decrease of$9,845.25 for work performed by McClain & Co., Inc. under the COLE Contract, with a revised contract limit and total actual expenses allowed by the Ward 2 Contract not to exceed $53,405.25. HAROLD GETTY Submitted by: Aric Schroeder, City Planner Ward 3 Recommended City Council Action:Approve the First Amendment to Contract, QUENTIN and authorize the Mayor and City Clerk to sign said Amendment. HART Ward 4 Summary Statement: This Contract provides demolition and site clearance services RON for properties acquired as part of the HMGP Property Acquisition Project. On of the WELPER properties included in this Contract was 180 Sans Souci Drive. The Contractor Ward 5 included a bid of$16,500.25 to complete all demolition and site clearance work for BOB that property. After acceptance of the bid and award of the Contract, the property in GREENWOOD question was destroyed by fire, eliminating much of the work that would have been At-Large required under the Contract. FEMA representatives, who oversee the project and STEVE because the project is primarily funded by FEMA required that the Contractor SCHMITT submit a revised bid for the property in question, and staff and the FEMA At-Large representatives have reviewed the revised bid for the property in question and have determined that the revised costs, which are decreased by$9,845.25, were acceptable. Expenditure Required: Total not to exceed Contract amount is being decreased $9,845.25 from $63,250.50 to $53,405.25. Source of Funds: FEMA Public Assistance (PA) Project Worksheet02RJD73 Policy Issue: Contract amendment/change order for a decrease in the contract limits. Alternative: N/A CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Background Information: On 1/20/09 the City Council authorized the submittal of an application to apply for Hazard Mitigation Grant Program (HMGP) 1763 Structural Acquisition (Buy Out) funds through the Iowa Homeland Security and Emergency Management Division (HSEMD). On 7/17/09 the City of Waterloo received official notice that the City was awarded funding under the program in accordance with the scope of work and budget that was included in our application that was submitted and approved by HSEMD and FEMA. On 8/3/09 the City Council authorized the agreement between HSEMD and the City of Waterloo, which has subsequently been executed. The total HMGP Property Acquisition (Buy Out) budget is $4,859,419.00 (based on recent de, obligation), with funding from HSEMD for up to 75% of the total project budget, and funding from the Iowa Department of Economic Development (IDED) through a Supplemental Community Development Block Grant (CDBG) for 25% of the total project, including the 10% State portion and the required 15% local match. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. X5121- 5207 provides for the FEMA Public Assistance (PA) Program. The PA Program funds multiple disaster recovery activities, such as asbestos abatement. Sections 403 Essential Assistance and 404 Hazard Mitigation provide funding for demolitions associated with a HMGP Property Acquisition (Buy Out) Program. With this disaster (DR-1763) the program is funded 90% Federal share and 10% State share, with no required local match. Unlike the HMGP Program, with the PA Program communities are not issued an award, but all eligible expenses will be reimbursed through Project Worksheets (PW's). Therefore expenses related to the demolition of acquired properties, including administration and contractual expense (which would include a demolition contract) will be eligible for reimbursement through the FEMA PA Program. On 11/14/11 the City Council awarded a contract for demolition and site clearance services (no RACM) group 2 in connection with the HMGP Project to McClain & Co., Inc. The RFP that was used to solicit bids included a detailed scope of work, and provided wording on the ability to submit a request for change order if the scope of work is to be changed. Staff has reviewed the proposed change order and amendment to the contract with officials from the State of Iowa Homeland Security and Emergency management Division, which oversees the project and funds paying for the project, and they have concluded that the City has provided sufficient justification for the change order. If you have any questions or need any additional information on this matter, please contact our office. CC: Noel Anderson,Community Planning&Development Director Path: K:\USERS\ARIC-S\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Services\02-21-12 Council Communication for First Amendment to Contract for Demolition Services no-RACM Group 2 for HMGP.doc FIRST AMENDMENT TO CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES (NO RACM) GROUP 2 This First Amendment to Contract for Demolition and Site Clearance Services (No RACM) Group 2 is made as of the latest date set forth below by and between the City of Waterloo, Iowa ("City") and McClain& Co., Inc. ("Contractor"). WITNESSETH: WHEREAS, the City and the Contractor have heretofore entered into a certain Contract for Demolition and Site Clearance Services [no Regulated Asbestos Containing Materials (no RACM) Group 2] dated November 14, 2011 (the "Contract") for the Contractor to provide demolition and site clearance services to the City pertaining to the City of Waterloo's Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and, WHEREAS, pursuant to the Contract, the Contract may not be modified or amended except pursuant to the mutual written agreement of the parties; and, WHEREAS, the Contract Limit (as defined in the Contract) was tabulated from individual bid tabs for each of the ten (10) properties included in the Contract, including $16,500.25 for 180 Sans Souci Drive; and, WHEREAS, on or about November 28, 2011 180 Sans Souci Drive was significantly fire damaged, essentially completely burning to the ground leaving minimal amounts of construction and demolition(C&D) debris needing to be removed by the Contractor; and, WHEREAS, the Contractor has provided a revised bid tab for 180 Sans Souci Drive for Change Order No. 1, as set forth on Exhibit "A" attached hereto, with a revised total for said property of $6,655.00 a net decrease of$9,845.25 for work performed under the Contract. NOW, THEREFORE, the parties hereby amend the Contract to approve Change Order No. 1 with a next decrease of $9,845.25 for work performed under the Contract, for a revised Contract Limit and total actual expenses allowed by the Agreement not to exceed $53,405.25. All other terms and conditions of the Contract shall remain in full force and effect, without modification. IN WITNESS WHEREOF, the parties have caused this First Amendment to Contract for Demolition and Site Clearance Services (no RACM) Group 2 to be executed by their duly authorized representatives. CITY OF WATERLOO, IOWA MCCLAIN & CO., INC. By: By: �Z Ernest G. 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Q ' t�i1 ii CyCD 3oomom i t m y < 2,a -o n c• - --1r K w •-••p1 N 0 0 � arm o '@ @ EA fFJ (fi {fl 4f3 {f) Hi fPr y} Q j w C w•�- -z (D DI .'y 0 N n fA�G O N C 0 �, g m age, 0 :3�l Z @ a n X a 3@HW�< 1 03 @CCv l VCD M�v ;-0o CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES GROUP 2 [no Regulated Asbestos Containing Materials(no RACM)] This Contract for Demolition and Site Clearance Services(no RACM)Group 2(the "Contract")is entered into as of November 14, 2011,by and between the City of Waterloo,Iowa ("City")and McClain&Co.,Inc. ("Contractor"). In consideration of the mutual promises exchanged herein,the parties agree as follows: 1. Services. For a period of five(5)months after the date of this Contract, subject to extension upon the mutual written agreement of the parties,the Contractor agrees to furnish all supervision,technical personnel,labor,materials,tools,machinery, services,and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents(defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFP response, Contractor will be paid separately for each property for which services are performed and accepted. Contractor's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within sixty(60)days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections,for complying with all laws,rules,regulations and ordinances, including safety, and for furnishing all materials,equipment and labor to complete the work,in accordance with the specifications. 2. Contract Documents. The following documents(collectively,the"Contract Documents")are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response(Proposal)from the Contractor,including Bid Tabulation d. Specifications for Demolition and Site Clearance e. Signature Page f. Building Demolition Insurance Requirements In the event of conflict between the provisions of the Contract Documents and this Contract,the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed$63,250.50 as provided in the Bid Tabulation that is part of Contractor's RFP Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval;Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed with respect to any particular property or set of properties. The work shall commence within seven(7)days after the City has issued a Notice to Proceed with respect to any particular property or set of properties,and all work shall be completed and delivered within thirty(30)days after issuance of the Notice to Proceed. 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent(100%)of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind. arising out of the performance of this contract. 4.1 Payment Bond. Contractor will be required to furnish a payment bond in an amount equal to one hundred percent(100%)of the contract price, said bond to be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful payment as required by law of all persons supplying labor and material in the execution of the work provided for in the Contract. 5. Reporting;Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project,including but not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three(3)years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record-retention period,Contractor shall make any or all project records available upon reasonable request, and in any event within two(2)business days of request,to City,Iowa Homeland Security and Emergency Management Division(HSEMD),the Federal Emergency Management Agency(FEMA),the Comptroller General of the United States,and any other agency of state or federal government,or the duly authorized representatives of any of the foregoing,that has provided funding or oversight for the HMGP property acquisition project, for the purpose of making audit,examination,excerpts and/or transcriptions. For purposes of this section,"records"means any and all books,documents,papers and records of any type or nature that are directly pertinent to this Contract. Contractor agrees to furnish,upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract,without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract.In such event,the Contractor shall not be liable for the City's use of such documents on other projects. 6. Government-Mandated Provisions. Because the project activity is funded by the federal government, federal law requires that the City's contracts relating to the project include certain provisions. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(1). A. Remedies. See Section 8 below. 2 B. Termination for Cause and for Convenience. See Sections 8 and 9 below. C. Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled"Equal Employment Opportunity,"as amended by Executive Order 11375 of October 13, 1967,and as supplemented in Department of Labor regulations(41 CFR Chapter 60). (applies to all construction contracts awarded in excess of$10,000 by grantees and their contractors or subgrantees) D. Contractor shall comply with the Copeland"Anti-Kickback"Act(18 U.S.C. 874)as supplemented in Department of Labor regulations(29 CFR Part 3). (applies to all contracts and subcontracts for construction or repair) E. Contractor shall comply with the Davis-Bacon Act(40 U.S.C.276a to 276A-7)as supplemented by Department of Labor regulations(29 CFR Part 5). (applies to construction contracts in excess of$2,000 awarded by grantees and subgrantees when required by federal grant program legislation,but does not apply to projects paid for with disaster funding) F. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-330)as supplemented by Department of Labor regulations(29 CFR Part 5). (applies to construction contracts awarded by grantees and subgrantees in excess of$2,000, and in excess of$2,500 for other contracts which involve the employment of mechanics or laborers) G. City's Reporting Regulations and Requirements. See Section 5 above. H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under this Contract,the Contractor is responsible for complying with requirements pertaining to patent rights, as defined by the awarding agency. With respect to any publication,documents,or data that arises or is developed in the course of or under this Contract,the Contractor is responsible for complying with requirements pertaining to copyright,as defined by the awarding agency. 1. Access to Documents. See Section 5 above. I Retention of Documents. See Section 5 above. K. Contractor shall comply with all applicable standards,orders,or requirements issued under Section 306 of the Clean Air Act(42 U.S.C. 1857(h)), Section 508 of the Clean Water Act(33 U.S.C. 1368),Executive Order 11738,and Environmental Protection Agency regulations(40 CFR Part 15). (applies to contracts,subcontracts,and subgrants of amounts in excess of$100,000) L. Energy Efficiency Standards. Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act(Pub.L. 94-163, 3 89 Stat. 871). [53 FR 8078, 8087,Mar. 11, 1988,as amended at 60 FR 19639, 19645,Apr. 19, 1995]. 7. Indemni . Except as to any negligence of City,its officials,officers,employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify US Government, FEMA, State of Iowa,and City,the officials,officers,employees,agencies and agents of each, and to hold same harmless,from and against any and all claims,demands,causes of action, losses,costs,or liabilities whatsoever,including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury,including death, or property damage rising out of or resulting from the Contractor's operation under this Contract,whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 7.1 Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City,City has the option of having the damage repaired at the Contractor's expense,to be reimbursed to the City or withheld from future payments to Contractor hereunder. 8. Default;Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant,agreement or obligation set forth in this Contract,and if such default remains uncured for a period of seven(7)days after notice thereof shall have been given by City to Contractor(or for a period of fourteen(14)days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature,cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period),then City may declare that Contractor is in default hereunder and may take any one or more of the following steps,at its option: a. by mandamus or other suit,action or proceeding at law or in equity,require Contractor to perform its obligations and covenants hereunder,or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder,or obtain damages caused to the City by any such default; b. have access to and inspect,examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract,make no further disbursements,and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination;and/or 4 e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair,damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder,Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time,in whole or in part,upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 10. Non-Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an. employee, servant,agent,partner,or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor,but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold,FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation,unemployment compensation,medical insurance, life insurance,pension,or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees,if any. 12. Anti-Discrimination. During the performance of this Contract,Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti-discrimination laws of the State of Iowa,as contained in Sections 19B,551.4 of the Code of Iowa,which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract,together with the Contract Documents, is held invalid, illegal,or unenforceable,whether in whole or in part,the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If,for any reason,a court finds that any provision of this Contract is invalid, illegal,or unenforceable as written,but that by limiting such provision it would become valid, legal,and enforceable,then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract,together with the Contract Documents,constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs,personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. 5 IN WITNESS WHEREOF,the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY WATERLOO,IOWA MCCLAIN&CO. INC. By: Lew A,4 zci;P �-- Ernest G. Clark, Mayor Ken Huntley, perintende Attest: Scha s, City Clerk 6 CITY OF WATERLOO Council Communication City Council Meeting:,Maf^h ^� ^ ., �� ?-C 1A Prepared: Daniel J. Trelka Dept. Head Signatures # of Attachments: 0 SUBJECT: Byrne-JAG Grant Application for SFY 2013 Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Seeking approval to apply for SFY 2013 Byrne- JAG Grant funds that will be used to support the Tri-County Drug Enforcement Task Force. The application deadline is April 2, 2012. Summary Statement: The Governor's Office of Drug Control Policy has announced the deadline for application of funds under the Byrne-Justice Assistance Grant Program that provides financial assistance to support a broad range of activities to prevent and control crime and to improve the criminal justice system with an emphasis on violent crime, drug offenses and serious offenders. As in the past, funding from this grant will be used to provide salary and benefits for the members of the Tri-County Drug Enforcement Task Force. The requested dollar amount is $509,755•oo, however the State will determine the final monetary outcome. It is also anticipated that there will continue to be a 75/25 match. Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO Council Communication ( City Council Meeting: February 27, 2012 Prepared: Daniel J. Trelka Dept. Head Signature: # of Attachments: 0 SUBJECT: Byrne-JAG Grant Application for SFY 2013 Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Seeking approval to apply for SFY 2013 Byrne JAG grant funds that will be used to support the Tri-County Drug Enforcement Task Force. The application deadline is April 2, 2012. Summary Statement: The Governor's Office of Drug Control Policy has announced the deadline for application of funds under the Byrne Justice Assistance Grant Program that provides financial assistance to support a broad range of activities to prevent and control crime and to improve the criminal justice system with an emphasis on violent crime, drug offenses and serious offenders. As in the past, funding from this grant will be used to provide salary and benefits for members of the Tri-County Drug Enforcement Task Force. While no exact total dollar amount has been indicated for funding, it is anticipated that there will continue to be a 75/25 match. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO Committee Communication Committee Meeting: February 27, 2012 Prepared: February 22, 2012 Dept. Head Signature: S.G. # of Attachments: 1 SUBJECT: San Marnan Traffic Monitoring System Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Adopt a resolution to accept the Radio Communication Systems of Waterloo, Iowa bid in the amount of $37,709.00 and award the contract for the project to Radio Communication Systems and authorize the Mayor to sign the contract. Summary Statement This bid was obtained through a sealed bid process and was opened during February 13, 2002 Council Meeting. One bid was received. The bid was below but close to the estimated cost. Expenditure Required $37,709.00 Source of Funds G.O. Bonds Policy Issue Alternative Background Information: This is part of Waterloo's traffic monitoring system that uses the Traffic Operation Department's wireless backbone network. Monitoring cameras will be installed on San Marnan at three intersections of LaPorte Rd., Sears Dr., and Penney's Dr. awCITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: February 27 2 Mayor Prepared: February 22, 2012 LARK Dept. Head Signature: # of Attachments: COUNCIL SUBJECT:Approval of Sports Plex demolition contract with Lavern Lehman Trucking and MEMBERS Excavation Inc for demolition services of 212> 302 306-308, 312 Jefferson Street and 319 W. 2nd Street in the amount of$44,850. DAVID ,TONES Submitted by: Noel Anderson-Community Planning& Development Director Ward 1 CAROLYN Recommended: City Council Action: Approval of demolition contract with Lehman COLE Trucking and Excavating, Inc, for demolition services of 212, 302, 306-308, 312 Jefferson Ward 2 Street, and 319 W. 2nd Streets in the amount of$44,850.00. HAROLD GETTY Ward 3 Summary Statement: The City of Waterloo will be demolishing these structures in QUENTIN preparation of the future Sports Complex. HART Ward 4 Expenditure Required: $44,850.00 RON WEEPER Source of Funds: The demolition activities of this site will be undertaken by the City of Ward s Waterloo using G.O. funds, for nuisance abatement. BOB Policy Issue: New development-Sports Complex GREENWOOD At-Large Alternative: N/A STEVE SCHMITT At-Large Background Information: The City of Waterloo purchased these properties to demolish in preparation of the Downtown Sports Complex. cc:NOEL C.ANDERSON,Community Planning&Development Director CITY WEBSITE: www.d.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Request for Proposals for Demolition and Site Clearance Services (no regulated asbestos-containing materials) for the following properties: 212, 302, 306-308 and 312 Jefferson Streets; 319 West 2nd Street (Sports-Plex Area) February 20, 2012 Bid Tab No tstimate Bid Security Required Bidder Bid Security Bid Amount Baker Concrete & Excavating 2203 E. Bremer Avenue PO Box 277 Waverly, Iowa 50677 Benton's Sand & Gravel, Inc. 905 Center Street f t—1 VZ1, c Cedar Falls, Iowa 50613 Frickson Bros. Excavating 737 Colleen Avenue rLf �cre1, � J Evansdale, Iowa 50707 ` `` ��� Kelly Demolition LLC t 1100 W. Mt. Vernon Road '7 c 3 Mount Vernon, Iowa 52314 Lehman Trucking & Excavating, Inc. 4- 1422 Ashland Avenue Waterloo, Iowa 50703 r �6 McClain & Co., Inc. 520 Charles Street Waterloo, Iowa 50703 ' Peterson Contractors Inc. Box A Z J s Reinbeck, Iowa 50669 / CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 • • NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: Meetin Da BUCK Prepared: Date prepared CLARK Dept. Head Signature: _ # of Attachments: COUNCIL MEMBERS SUBJECT: Request to name a portion of vacated Lowell Avenue in the 900 ................... block as Private Lowell Avenue DAVID JONES Submitted by: Noel Anderson, Community Planning & Development Director Ward 1 CAROLYN Recommended City Council Action:Approval COLE Ward 2 Summary Statement: Transmitted herewith is a request by the City of Waterloo to HAROLD name the Private Street serving the 900 block of vacated Lowell Avenue between East GETTY Mitchell Avenue and Regal Avenue as private "Lowell Avenue". Ward 3 As you may recall,the City of Waterloo recently vacated and conveyed this portion of QUENTIN Lowell Avenue to Patrick. B Rooff, which he has incorporated with his nearby auto HART recycling operation. Currently,there are 7 addressed properties (916, 921, 924, 935, Ward 4 941, 945 and 946) along this stretch of former right-of-way. Since the street has been RON vacated and conveyed, there is no longer a street, private or public,to attach those WELPER addresses to. It is necessary to authorize this street naming so that emergency Ward 5 personnel have addresses on record in case of an emergency at 1 of these properties BOB occurs. GREENWOOD At-Large The City of Waterloo Engineering Department has reviewed the proposed naming, and found there to be no conflicts with the proposed name of"Lowell Avenue", and STEVE recommends that the proposed name be approved. SCHMITT At-Large At their December 6, 2011 meeting,the Planning,Programming and Zoning Commission unanimously recommended approval of the request to name the Private Street as "Lowell Avenue". Expenditure Required: None Source of Funds: n/a Policy Issue: Transportation Alternative: CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Background Information: The City of Waterloo recently sold this portion of vacated Lowell Avenue to Patrick B. Rooff. cc: Aric Schroeder,City Planner Eric Thorson,City Engineer Steve Walker,Draftsperson --file-- December 6,2011 REQUEST: Request to name former Lowell Avenue between Regal Avenue and East Mitchell Avenue as Private "Lowell Avenue". APPLICANT(S): City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The City of Waterloo is requesting to name the former portion DESCRIPTION: of Lowell Avenue serving the properties at 916, 921, 924, 935, 941, 945 and 946. IMPACT ON The request would not appear to have a negative impact upon NEIGHBORHOOD: the surrounding neighborhood. VEHICULAR & The request would not appear to have a negative impact on PEDESTRIAN traffic conditions, as well as pedestrian condition in the area. TRAFFIC The area in question has already been vacated and conveyed CONDITIONS: to the business located at 924 Lowell Avenue, which operates as Pat's Auto Salvage. There are no sidewalk within the immediate area. RELATIONSHIP TO RECREATIONAL The Cedar Valley Lakes Trail is located approximately a '/2 (RAIL PLAN: mile to the north along the north side of the Cedar River. SURROUNDING The surrounding land use consists of some single-family LAND USE: residences, however, the majority of the area is comprised of vehicle and metal salvaging yards. North — One and Two Family Residences, zoned "M-1" Light Industrial District. South —Auto recycling operations, zoned "M-1" Light Industrial District. East — Flood control levee and Riverview Recreational Area, zoned "A-1"Agricultural District. West —Auto recycling operations, zoned "M-1" Light Industrial District. ZONING HISTORY The land in question is zoned "M-1" Light Industrial District, FOR SITE AND and has been zoned as such since the adoption of the Zoning IMMEDIATE VICINITY: Ordinance. 13UFFERS This request would not require any additional buffers and REQUIRED/ NEEDED: screening. DRAINAGE: The request for street naming would not appear to have a negative impact upon drainage in the area. DEVELOPMENT The area was primarily developed and platted for residential HISTORY: purposes in the 1940s, however, due to significant flooding issues before the flood control system was installed, the uses began to become more industrial in nature. Currently, the majority of the area consists of vehicle and metal recycling facilities. 12.06.11 —Name Private Lowell Ave between Regal and E Mitchell Page 1 of 2 December 6,2011 FLOODPLAIN: The land in question is located within the Zone-X, 500-year floodplain, and is protected by the flood control levee as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0302F, dated July 18, 2011 PUBLIC /OPEN The Cedar River is located 1 mile to the east, and Rooff Park SPACES/ SCHOOLS: is located 3 blocks to the north near the intersection of Hawthorne Avenue and James Street. There are no schools within the nearby vicinity. UTILITIES: WATER, An 8" sanitary sewer line runs down the former portion of SANITARY SEWER, Lowell Avenue from Regal Avenue, southward and ends STORM SEWER, approximately 100' north of East Mitchell Avenue. When ETC: Lowell Avenue was previously vacated, an easement was retained over the sanitary sewer. RELATIONSHIP TO The Future Land Use Map (February 3, 2003) designates the COMPREHENSIVE area as Industrial. The proposed street naming would be LAND USE PLAN: consistent with that designation. The area in question is located within the Primary Growth Area. STAFF ANALYSIS — The City is requesting to name the former portion of Lowell ZONING Avenue that serves the properties at 916, 921, 924, 935, 941, ORDINANCE: 945 and 946 Lowell Avenue as Private "Lowell Avenue". In July of 2009, the street was vacated and conveyed to Patrick B. Rooff, who owns the majority of the property along the street, with the exception of 2 other property owners. Consent was obtained from the 2 other property owners to vacate the street. Due to the properties still being addressed off of Lowell Avenue, which is no longer a public street, it would be necessary to dedicate it as private so the properties are still correctly addressed off of Lowell Avenue. When the former right-of-way is renamed as a private street, it will still gain access to both Regal Avenue and East Mitchell Avenue. The Engineering Department has reviewed the naming of the private street, and found there to be no conflicts with proposed name of "Elm Street" and recommends that the name be approved. STAFF ANALYSIS — SUBDIVISION No subdividing of land is required for this request. ORDINANCE: STAFF Therefore, it is staff's recommendation that the street naming RECOMMENDATION: be approved for the following reason(s): 1. The Engineering Department has reviewed the request and concurs with the naming of Private "Lowell Avenue" to serve the properties at 916, 921, 924, 935, 941, 945 and 946 Lowell Avenue, as the name does not conflict with any other street names. 12.06.11 —Name Private Lowell Ave between Regal and E Mitchell Page 2 of 2 Request to Name a Portion of Vacated Lowell Avenue as Private Lowell Avenue ,.k Regal Ave Vacated Lowell Ave to be Named Private Lowell Ave cow... 111, 9i Miq N r I c �T; ..... r . > � •�-gyp.. �< t .: '. f �. E Mitchell Ave _ r 0 75 150 300 Feet ; _� _, AM � s February 20, 2012 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m. , on Monday, February 20, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Rudy Jones, Community Development Director. 137446 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 20, 2012, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 137447 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 13, 2012, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 137448 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-69, dated February 20, 2012, in the amount of $753, 810. 99, a copy of which is on file in the City Clerk' s office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2012-150. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $1,500.00 with Walgreens 7455 of 111 W. Ridgeway Avenue, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age- Submitted by David R. Zellhoefer, Assistant City Attorney. Resolution adopted and upon approval by Mayor assigned No. 2012-151. b. Motion to approve the following: Travel Requests Name & Title Amount not of Personnel Class/Meeting Destination Date (s) to Exceed 1. Steve Carey; Confined Space Albert February $582.50 . one instructor Rescue Class (24 City, Iowa 14-16, hour) 2012 2. Nancy Gulick, Program Austin, April $3,040.00 Community Manager's School Texas 15-18, Development 2012 Coordinator; Mark Boesen, Rehab Manager 3. Wayne Castle, Iowa Water Ames, Iowa March 6- $490.00 Associate Conference 7, 2012 Engineer; Phillip Schuppert, Storm Water Specialist 4 . 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Roll call vote-Ayes: Seven. Motion carried. 137453 - Hart/Schmitt that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning . Ordinance by adding Subsection No. 424 to Section 2A-5, Rezoning Certain Property in conjunction with Request of FEPH-Acquisitions Fund II, LLC to rezone 4.58 acres from 11C-2" Commercial District and "R-3" Multiple Residence District to "C-P" Planned Commercial District, to allow for the construction of a new 13,225 square foot CVS Pharmacy Store, as well as a future 18,761 square foot retail building, for property generally located at the northeast corner of East 1St Street and Franklin Street, more commonly known as the Immanuel Lutheran Church and School site", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5093. 137454 - Schmitt/Hart that proof of publication of notice of public hearing on Request of FEPH- Acquisitions Fund II, LLC to vacate portions of Walnut Street and Almond Street right-of-way to allow for the construction of a new CVS Pharmacy, as published in the Waterloo Courier on February 15, 2012, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137455 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Hart that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission be received and placed on file. Voice vote- Ayes: Seven. Motion carried. 137456 - Schmitt/Hart that "an Ordinance vacating portions of Walnut Street and Almond Street right- of-way in conjunction with Request of FEPH-Acquisitions Fund II, LLC to vacate portions of Walnut Street and Almond Street right-of-way to allow for the construction of a new CVS Pharmacy", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Seven. Motion carried. 137457 - Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 137458 - Schmitt/Hart ithat "an Ordinance vacating portions of Walnut Street and Almond Street right- of-way in conjunction with Request of FEPH-Acquisit ions Fund II, LLC to vacate portions of Walnut Street and Almond Street right-of-way to allow for the construction of a new CVS Pharmacy", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5094. 137459 - Schmitt/Hart that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Request of FEPH-Acquisitions Fund II, LLC to vacate portions of Walnut Street and Almond Street right-of-way to allow for the construction of a new CVS Pharmacy", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-152. 137460 - Cole/Hart that proof of publication of notice of public hearing on Development Agreement with FEPH-Acquisitions Fund II, LLC for the sale and conveyance of city-owned property for $1.00, generally located at the northeast corner of Franklin Street and Highway 63, for the construction of a 13,225 square foot CVS Pharmacy with a minimum assessed value of $1,500,000.00 and tax rebates for 6 years at 100 percent, as published in the Waterloo Courier on February 15, 2012, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 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Motion carried. 137469 - Schmitt/Greenwood that proof of publication of notice of public hearing on 2012 Sullivan Park Shelter Project, as published in the Waterloo Courier on February 7, 2012, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137470 - This being the time and place of public hearing, the Mayor called for written and oral objections. Maxine Tisdale, 438 Cottage St. , spoke in support of the project. Schmitt/Greenwood that the hearing be closed and oral and written comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137471 - Schmitt/Greenwood that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2012 Sullivan Park Shelter Project", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-157. 137472 - Schmitt/Greenwood that "Resolution ordering construction in conjunction with 2012 Sullivan Park Shelter Project", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-158. 137473 - Schmitt/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Paul Huting noted that the project will replace the existing shelter and should start this spring. Bidder Bid Bid Amount Security B & B Builders & Supply 5728 Sierra Drive 5% $51, 956.00 Waterloo, Iowa 50701 Voice vote-Ayes: Seven. Motion carried. 137474 - Jones/Hart that proof of publication of notice of public hearing on F.Y. 2012 West Shaulis Road/Ansborough Avenue, Contract No. 784, as published in the Waterloo Courier on February 7, 2012, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. I. 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PO Box 2620 5% $89, 075.00 Waterloo, Iowa 50704 Voice vote-Ayes: Seven. Motion carried. 137483 - Getty/Hart that proof of publication of notice of public hearing on Request for Proposals for Asbestos Survey Services for the following properties: 320 West 2 Street and 218 West Mullan Avenue, as published in the Waterloo Courier on February 15, 2012, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137484 - This being the time and place of public hearing, the Mayor called for written and oral objections. Getty/Hart that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 137485 - Getty/Hart that "Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Request for Proposals for Asbestos Survey Services for the following properties: 320 West 2nd Street and 218 West Mullan Avenue", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-163 137486 — Getty/Hart that "Resolution authorizing to proceed in conjunction with Request for Proposals for Asbestos Survey Services for the following properties: 320 West 2nd Street and 218 West Mullan Avenue", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-164. 137487 - Getty/Hart i to receive, file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Bidder Bid Bid Security Amount ATC Associates Inc. 223 E. 4 t Street, Suite D 5% $1, 195.00 Waterloo, Iowa 50703 Hawkeye Environmental LLC 814 Wood Lily Road $80.00 $1, 600.00 Solon, Iowa 52333 Voice vote-Ayes: Seven. Motion carried. 137488 - Hart/Welper that proof of publication of notice of public hearing on Request for Proposals for .Demolition and Site Clearance Services (no regulated asbestos-containing materials) for the following properties: 212, 302, 306-308 and 312 Jefferson Streets; 319 West 2nd Street (Sports-Plex Area) , as published in the Waterloo Courier on February 15, 2012, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137489 - This being the time and place of public hearing, the Mayor called for written and oral objections. Hart/Welper that the hearing be closed. Voice vote-Ayes: Seven. 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Jones, Community Development Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-169. 137496 - Greenwood/Schmitt that "Resolution approving Second Amendment to Option and Lease Agreement with New Cingular Wireless, PCS, LLC for the lease of a cellular tower near the Waterloo Regional Airport; and authorize Mayor and City Clerk to execute said document-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-170. 137497 - Greenwood/Schmitt that "Resolution approving request for a variance to the requirements of the Subdivision Ordinance in Section 2.3 (1) Final Plat Submittal, Section 5.1 Preliminary Plat requirements, and Section 5.2 Final Plat requirements for Preliminary and Final Plat of Waterloo Rx First and Franklin Subdivision- Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-171. 137498 - Greenwood/Schmitt that "Resolution approving the Preliminary and Final Plats, together with staff report, aerial photo of the area, Preliminary and Final Plats, Deed of Dedication and Report of the City Engineer in conjunction with Waterloo Rx First and Franklin Subdivision-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-172. 137499 - Schmitt/Welper that "Resolution approving Right-of-Way License Agreement with Cedar Falls Utilities to utilize public right-of-ways for the installation, operation and maintenance of a fiber optic network; and authorize Mayor to execute said document-Submitted by Eric Thorson, PE, City Engineer", be adopted. Roll call vote-Ayes: Seven. Mr. Jones disclosed that one of the businesses requesting is his employer but he has conferred with the City Attorney and does not have a conflict of interest. Resolution adopted and upon approval by Mayor assigned No. 2012-173. 137500 - Schmitt/Welper that "Resolution approving amended purchase price for the Purchase of a New Fire Truck from Marion Body Works of Marion, Wisconsin in the amount of $457, 167.00; and authorize Mayor and City Clerk to execute any necessary documents-Submitted by Pat Treloar, Chief of Fire Services", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-174. 137501 - Schmitt/Welper that "Resolution approving and accepting certain acquisition contracts and certain deeds to sell real property to the City of Waterloo for the partial acquisition of right-of-way and temporary easements in conjunction with related to the East Donald Street reconstruction project between Logan Avenue (Highway 63) , eastward to Mildred Avenue from the following: Robert Shelburg in the amount of $165. 95; Waltrust Properties, Inc. in the amount of $3,070.07; David and Patricia Yossi in the amount of $100.00; Thompson Rental Holdings III, LLC in the amount of $218.61; Avita Developments, LLC (Donated) ; and Stokes Development, LLC in the amount of $129.50; and authorize Mayor ano City Clerk to execute any necessary documents-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. 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Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-181. 137510 - Hart/Welper to instruct Leisure Services Director to prepare plans, specifications, bid documents, etc. in conjunction with 2012 Right-of-Way Mowing, be approved. Voice vote-Ayes: Seven. Motion carried. 137511 - Hart/Welper that plans, specifications, bid documents, etc. in conjunction with 2012 Right- of-Way Mowing, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137512 - Hart/Welper that "Resolution preliminarily approving plans, specifications, bid documents, etc. in conjunction with 2012 Right-of-Way Mowing", be adopted. Roll call vote- Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-182. 137513 - Hart/Welper that "Resolution setting date of hearing and bid opening as March 5, 2012; and instruct City Clerk to publish notice of plans, specifications, bid documents, etc. in conjunction with 2012 Right-of-Way Mowing", be adopted. Roll call vote- Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-183. ORAL PRESENTATIONS Lawrence Wheeler, 433 Bratnober, reported that his previous statements regarding crime activity were not intended to be racial comments. He asked that the City make more of an effort to hire minorities. 137514 - Hart/Welper that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137515 - Hart/Welper that the council adjourn to Executive Session at 6:27 p.m. Roll call vote-Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of strategy in matters in litigation is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (c) (2011) . E X E C U T I V E S E S S I O N 137516 - Hart/Jones that the council adjourn Executive Session at 6:51 p.m. Voice vote-Ayes: Seven. Motion carried. ADJOURNMENT 137517 - Hart/Welper that the Council adjourn at 6:51 p.m. Voice vote-Ayes: Seven. Motion carried. Suzy Schares City Clerk FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY_2012_ BUDGETED S/171'61 UU CITY OF WATERLOO EXPENDED YTD ;r/ 3 /738' THIS REQUEST LEFT AFTER THIS REQUEST DATES%c. Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Captain Tim Pillack& Lt. Corbin Payne February 13,2012 NAME OF CLASS/ MEETING: DESTINATION: Cedar Rapids, Iowa FBI-National Academy Spring Training Conference DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: April 24,2012 April 26,2012 April 24-26,2012 PURPOSE OF TRAVEL: Director Trelka is requesting authorization to send Captain Tim Pillack and Lt. Corbin Payne to the FBI-National Academy Spring Training Conference on April 24-26,2012, in Cedar Rapids, Iowa. Both Officers have graduated from the FBI National Academy and are members of the Iowa Chapter of the FBI National Academy. This annual conference will train the Officers in topics such as leadership, social media, and minority recruiting. This conference also allows the officers to network with other command staff personnel who have attended the FBI National Academy and find out current trends across the state and nation. The cost of registration is$100.00 per officer, which includes some meals. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: XX CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $300..00 LODGING TAXI x GRANT REIMBURSABLE $76.00 MEALS PARKING YES NO $200.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $50.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 626:19 TOTAL: $ 31300 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR DATE DATE FINANCE DEPT, STAFF ONLY TRAVEL REQUEST LINE ITEM USED FY ' '`' BUDGETED CITY OF WATERLOO EXPENDED YTD _. THIS REQUEST X75 U� LEFT AFTER THIS REQUEST DATE ,-/ 'v�d/� Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Mark Rice, Public Works Director February 23, 2012 NAME OF CLASS/MEETING: DESTINATION: Waterloo, IA APWA - EVT Training for Fleets DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: N/A N/A February 23, 2012 PURPOSE OF TRAVEL/TRAINING: WEBINAR: APWA training on Understanding the Required EVT(Emergency Vehicle Training) for Fleets WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: LODGING TAXI BUDGET LINE ITEM: 010-18-7950-1315 GRANT REIMBURSABLE MEALS PARKING YES NO $175 REGISTRATION AIRFARE REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ $175 TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO �4---e—, DEPARTMENT HEAD MAYOR DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED (l�Cy �� YS36 /3q& TRAVEL REQUEST FY L�i)-SUDGETED CITY OF WATERLOO EXPENDED YTD THIS REQUESTdd LEFT AFTER THIS REQUEST DATE 942W Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Eric Thorson February 9, 2012 City Engineer NAME OF CLASS/ MEETING: DESTINATION: West Des Moines, IA 2012 American Public Works Association/ISOSWO Joint Spring Conference DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: April 4, 2012 April 6, 2012 April 5— 6, 2012 PURPOSE OF TRAVEL/TRAINING: To attend 2012 American Public Works Association/ISOSWO Join Spring Conference WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 266-07-7830-1346 207.00 LODGING TAXI X GRANT REIMBURSABLE 50.00 MEALS PARKING YES NO 185.00 REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISCITOLLS YES NO TOTAL FOR ALL: $ 442.00 TOTAL: $ 442.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD AYOR February 9, 2012 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED `/U / Z lg6G 6) %3 41(,, TRAVEL REQUEST FY� / BUDGETED CITY OF WATERLOO EXPENDED YTD /d5 7 $, - THIS REQUEST LEFT AFTER THIS REQUEST DATE NAME(S) AND POSITION(S): DATE: Steve Jordan, Fire Marshal February 7, 2012 NAME OF CLASS/ MEETING: DESTINATION: Ames, Iowa Arson Investigation DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 030512 030912 (return on weekend) March 5-9, 2012 031212 031612 March 12-16-2012 PURPOSE OF TRAVEL: Attend ten day Arson Investigation Training. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: x CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: Waterloo, Iowa ESTIMATE OF COST: BUDGET LINE ITEM: 010-12-1400-1346 627.20 LODGING TAXI x GRANT REIMBURSABLE 250.00 MEALS PARKING YES NO 225.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION 80.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 1,182.20 TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND-IS NEC SA ND BENEF�CIAL TO THE -CITY OF WAT LOO DEPAR MENT JAD 'MAYORr DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED L36(& TRAVEL REQUEST FY BUDGETED G16)1 hU CITY OF WATERLOO EXPENDED YTD m6 I- z THIS REQUEST LEFT AFTER THIS REQUEST DATE NAME(S) AND POSITION(S): DATE: Pat Treloar, Chief of Fire Services Darryl Hartema, Mechanic February 10, 2012 Carl Reninger, Lt. NAME OF CLASS/ MEETING: DESTINATION: Marion, Wisconsin Final Inspection of new fire truck. DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: Week of Feb. 20 or Feb. 27 Travel dependent on completion of truck. PURPOSE OF TRAVEL: Pick up new fire truck. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: x CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: Waterloo, Iowa ESTIMATE OF COST: 010-12-1400-1346 BUDGET LINE ITEM: 010-12-1400-1533 LODGING TAXI x GRANT REIMBURSABLE 45.00 MEALS PARKING YES NO REGISTRATION AIRFARE x REQUIRED CERTIFICATION 400.00 MILEAGE/FUEL MISCITOLLS YES NO TOTAL FOR ALL: $ $445.00 TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND ISS-N£C1E� Y AND NEFICIAL TO THE CITY OF WA ERL01 O J DEPARTMENT HEAD M0(0 R K:\Shared Goodies\Forms\Travel Request Form January 2010 DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED .-YQ 94/7-/700 /3�16 TRAVEL REQUEST FY BUDGETEDicnt CITY OF WATERLOO EXPENDED YTD THIS REQUESTfs LEFT AFTER THIS REQUEST �w2 DATE Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Mike Bown, Air Service Consultant 2/13/12 Trillion Aviation NAME OF CLASS/MEETING: DESTINATION: Waterloo, IA Air Service Meetings, Airport Board Meetings, Meet with Mayor& other city officials DEPARTURE POINT IF NOT WATERLOO: Elkader, IA DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: October 1, 2011 September 30, 2012 Scheduled as needed PURPOSE OF TRAVEL: To attend meetings, as needed, throughout the year. Mike attends meetings with Airport Board, Mayor, GCVA or as needed by Airport. Travel request is tied directly to our contract with Trillion Aviation, which is effective from October 1, 2011 — September 30, 2012. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE X PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010 29 7700 1346 LODGING TAXI GRANT REIMBURSABLE MEALS PARKING YES NO REGISTRATION AIRFARE REQUIRED CERTIFICATION 800 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 800 TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO ZEP�ARTMENT HOD MA gZ DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED fi ,(�(p G�'T �J�3 d l TRAVEL REQUEST FY '--BUDGETED 11?6z ,610 CITY OF WATERLOO EXPENDED YTD la36),85 THIS REQUEST 3`10,00 LEFT AFTER THIS REQUEST DATE 7;''7r✓ ,2--✓ /�- Original-Clerk/FinanceCopy-Department NAME(S) AND POSITION(S): DATE: Wayne Castle February 9, 2012 Associate Engineer NAME OF CLASS/MEETING: DESTINATION: Ames, IA Society of Land Surveyors of Iowa 75th Annual Conference DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: March 8, 2012 March 9, 2012 March 8—9, 2012 PURPOSE OF TRAVEL/TRAINING: To attend Society of Land Surveyors of Iowa 75th Annual Conference WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 266-07-7830-1346 100.00 LODGING TAXI X GRANT REIMBURSABLE 10.00 MEALS PARKING YES NO 230.00 REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 340.00 TOTAL: $ 340.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO z?4 r r � . W/Ag DEPARTMENT HEAD MAYOR February 9, 2012 DATE DATE / 4 K:\Shared Goodies\Forms\Travel Request Form January 2010 4w'1qQ6C) FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY _2012_ BUDGETED j CITY OF WATERLOO EXPENDED YTD e1�3c/f 3Yj THIS REQUEST LEFT AFTER THIS REQUEST DATE 2L2,0 Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Sergeant Kye Richter& Officer Michael Girsch February 22, 2012 NAME OF CLASS/ MEETING: DESTINATION: Searsboro, Iowa Suarez International Point Shooting Progressions Course DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: April 21,2012 April 22,2012 April 21-22,2012 PURPOSE OF TRAVEL: Lt Frana is requesting authorization to send Sergeant Kye Richter and Officer Michael Girsch to the Suarez International Point Shooting Progressions Course in Searsboro, Iowa. This 2-day course focuses on reactive gun fighting, sighted and unsighted shooting that officers find themselves in when they are in close gun battles. Sgt Richter and Officer Girsch are firearms instructors who would gain knowledge from this type of course which will provide new and improved training for the rest of the Waterloo Police Department. The cost of registration is 450.00 per officer and would require one night of lodging and meals. A city vehicle will be needed for travel to the training facility. This training was approved on 2/13/2012 but has to be amended as the registration has now been increased by$50.00 per officer. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: XX CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $ 125.00 LODGING TAXI x GRANT REIMBURSABLE $120.00 MEALS PARKING YES NO $900.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $75.00 MILEAGE/FUEL MISCITOLLS YES NO TOTAL FOR ALL: $ 1220.00 TOTAL: $ 610.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO rZA—/ DEPART-MEW HEAD mAYZ5R DATE DATE CITY OF WATERLOO , IOWA CITY ATTORNEY'S OFFICE 715 Mulberry St. Waterloo, IA 50703 ($19)291-4327 Fax (319)291-4571 JAMES E.WALSH,JR.,City Attorney • DAVID R ZELLHOEFER,Assistant City Attorney Mayor BUCK CLARK COUNCIL March 2, 2012 MEMBERS .............. DAVID JONES Mayor Buck Clark and Ward I City Council City Hall COLE CLE Waterloo, IA 50703 Ward 2 Dear Mayor Clark and Council Members: HAROLD GEM I have examined the bonds filed with the City Clerk/Auditor's Office up to the Ward 3 close of business on March 2, 2012. QUENTIN M. HART Of the bonds submitted, A were approved and C) rejected, as Ward 4 shown on the attached (2) lists. RON WELPER Very truly yours, Ward 5 1 BOB ' GREENWOOD / At-Large i R. ellhoefer STEVE Assistant City Attorney SCHMITT At-Large DRZ:sda CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal QppodunityJAlTirr M&O Action Employer BONDS FOR COUNCIL APPROVAL FEBRUARY 27, 2012 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/13) AMOUNT: $5, 000 . 00 ` IA 594686 BURT CONSTRUCTION WATERLOO, IA - IA 564241 CARL SCHULER MASONRY CONSTR. WATERLOO, IA --IA 537837 DON GARDNER CONSTRUCTION CO. WATERLOO, IA _ IA 572115 HURST & SONS CONSTRACTORS INC WATERLOO, IA -BD704511 JB PLUMBING, LLC DBA JB PLUMBING CEDAR FALLS, IA IA 577627 LES SPEARE DBA SPEA1:,E CONSTRUCTION WATERLOO, IA .-IA 550121 MAGEE CONSTRUCTION CEDAR FALLS, IA -1A 594846 MANATT' S, INC. BROOKLYN, IA ,IA 537826 MARTINSON CONSTRUCTION CO INC. WATERLOO, IA -95 CC 8149 2 STEVEN MILLER DBA MILLER' S CONSTRUCTION CEDAR FALLS, IA -IA 571754 WATCO CONSTRUCTION INC WATERLOO, IA I -SY56900 WEST UNION TRENCHING, LLC WEST UNION, IA i I I I I I i I i