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HomeMy WebLinkAboutCouncil Packet - 3/26/2018 THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, March 26, 2018 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation(if appropriate) and speak clearly into the microphone. 2. You may speak one (1)time per item for a maximum of five(5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Cleric's office you may speak one(1)time per item for a maximum of three (3)minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1)time for a maximum of five (5)minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Page 1 of 137 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Kelley Felchle, City Clerk Agenda, as proposed or amended. Minutes of March 13, 2018, Special Session, as proposed. Minutes of March 19, 2018, Regular Session, as proposed. Minutes of March 19, Special Session, as proposed. ORAL PRESENTATIONS I owa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving preliminary plans, specifications, bid documents, etc. and setting date of bid opening as April 5, 2018 and date of public hearing as April 9, 2018, for FY 2018 Lift Stations Mowing, and instruct City Clerk to publish said notice. Submitted By: Brian Rath, Waste Management Treatment Operations Supervisor 3. Request of the Screaming Eagle American Bar & Grill, 228 East 4th Street, to close the 600 block of Lafayette Street every Thursday between May 3, 2018 and October 25, 2018 from 5:00 p.m. to 11:00 p.m., with use of city barricades, and for a variance to the Noise Ordinance including a band and the use of a PA system. Submitted By: Dave Mohlis, Police Captain 4. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as April 26, 2018 and date of public hearing as April 30, 2018, in conjunction with the replacement of parking lot equipment and the installation of a Parking Access and Revenue Control System (PARCS), and related parking lot improvements at the Waterloo Regional Airport, and instruct City Clerk to publish said notice. Submitted By: Keith Kaspari,Airport Director Page 2 of 137 5. Resolution preliminary approving plans, specifications, bid document, etc. and setting a date of bid opening as April 5, 2018 and date of public hearing as April 9, 2018, for the purchase of one (1) 2017 or newer backhoe loader, and instruct City Clerk to publish said notice. Submitted By: Sandie Greco, Interim Public Works Director 6. Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as April 12, 2018 and date of public hearing as April 16, 2018, for the Ridgeway Towers PTAC (Packaged Terminal Air Conditioner) Project, and authorize City Clerk to publish said notice. Submitted By: Julie Dawson, Housing Authority Director 7. Resolution to approve moving the 4th regular session, 4th meeting in April to April 30, 2018 and cancelling the regular session meeting on April 23, 2018. Submitted By: Mayor Quentin Hart B. Motion to approve the following: 1. TRAVEL REQUESTS a. Greg Ahlhelm, Building Official and Brian Baker, Chief Mechanical Inspector Class/Meeting: 2018 International Residential Code (IRC) and International Business Code (IBC) Significant Changes Seminar Destination: Cedar Rapids, IA Dates: May 16-17, 2018 Amount not to exceed: $550.00 b. Ben Wagner, Draftsperson Class/Meeting: Iowa Technology and Geospatial Conference Destination: West Des Moines, IA Dates: June 13-15, 2018 Amount not to exceed: $534.00 C. Dana Jackson, Housing Maintenance/Interim Inspector Class/Meeting: 40 hour Lead Inspector/Risk Assessor Destination: Des Moines, IA Dates: April 9-13, 2018 Amount not to exceed: $1,785.00 d. Angie Fordyce Class/Meeting: National Community Development Association 49th Annual Conference Destination: Long Beach, CA Dates: June 11-17, 2018 Amount not to exceed: $2,861.00 2. LIQUOR LICENSES a. Cadillac Lanes, 650 La Porte Road Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 3/27/2019 b. Casey's General Store #2880, 1604 LaPorte Road Class: B Native Wine/ C Beer Renewal Application Includes Sunday Page 3 of 137 Expiration Date: 4/18/2019 C. Hometown Foods, 1010 E. Mitchell Avenue Class: B Wine / C Beer/ E Liquor Renewal Application Includes Sunday Expiration Date: 3/9/2019 d. Iry Warren Memorial Golf Course, 1000 Fletcher Avenue Class: Special C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 3/31/2019 e. South Hills Golf Course, 1830 E. Shaulis Road Class: B Beer w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 3/31/2019 f. UNA Bar Restaurant, 910 W. 5th Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 3/9/2019 3. APPOINTMENTS a. Barry Haskins Board/Commission: Civil Service Commission Expiration Date: 4/1/2022 Re-Appointment b. Katie Lansing Board/Commission: Plumbing Board of Licensing, Examiners and Appeals Expiration Date: 3/26/2021 New Appointment 4. Motion to approve Exception to Burning Yard Waste Application by Dennis Clark to burn native prairie grasses, marsh habitats and small shrubs and trees, on approximately 1 acre located at 2204 Ashland Avenue, during March to mid-May and again in September to November. Submitted By: Pat Treloar, Chief of Fire Services 5. Bonds PUBLIC HEARINGS 2. Request by Hope M. Anderson to rezone a total of 129.16 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District for the development of a 210 lot subdivision located next to 5805 Kimball Avenue, between Kimball Avenue and Highway 21, and north of E. Orange Road. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on file. Motion to close public hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Page 4 of 137 Motion to receive, file, consider and pass for the first time an ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the official Zoning Map referred to in Section 10-4-4, approving to rezone a total of 129.16 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District for the development of a 210 lot subdivision next to 5805 Kimball Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director 3. FY 2018 Asphalt Overlay Program, Contract No. 943. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Jamie Knutson, PE,Associate Engineer RESOLUTIONS 4. Resolution authorizing the statement of support for the application of Iowa Cannabis Company, Inc. to the Iowa Department of Public Health for a dispensary license in the City of Waterloo and authorize Mayor to execute necessary documents. Submitted By: Mayor Quentin Hart 5. Resolution approving an agreement with the Iowa Department of Transportation (IDOT)for a Central Traffic Control Center in the amount of$200,000 (80%- $160,000 with City match of 20% - $40,000.00-GO Bond) to purchase and install computer software and hardware to connect the traffic signal communications and the monitoring camera network to the Central Traffic Control Center at the Public Works Building. Submitted By: Sandie Greco, Interim Public Works Director 6. Resolution submitting a Nutrient Reduction study to Iowa Department of Natural Resources, as required by the NPDES Permit. Submitted By: Steve Hoambrecker, Waste Management Services Director 7. Resolution approving Amendment to Development Agreement between Tim Moyer and the City of Waterloo, approved April 24, 2017, for the addition of development grants in accordance with the City 657A sale of property policy, and authorize the Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning and Development Director 8. Resolution approving the request of qualifications from firms to conduct an audit on City owned properties, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning and Development Director 9. Resolution approving Federal Regulation Procurement Requirements for FEMA projects. Page 5 of 137 Submitted By: Michelle Weidner, Chief Financial Officer ORDINANCES 10. An Ordinance amending the 2007 City of Waterloo Code of Ordinances Chapter 3, Electrical Regulations of Title 9 Building Regulations. Motion to receive, file and consider and pass for the first time an ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 3 Electrical Code, Article 1 Electrical Regulations of Title 9, Building Regulations by removing (a)Amendments to 2017 NEC Chapter 2 Amendments: (1) and (2). Motion to suspend the rules. Motion to consider and pass for the second and third time and adopt said ordinance. Submitted By: Greg Ahlhelm, Building Official ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:20 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Leisure Services Commission minutes of February 13, 2018. 2. Planning &Zoning Commission minutes of February 6, 2018. 3. Historic Preservation Commission minutes of January 16, 2018. 4. Community Development Board Meeting minutes January 2018. 5. Community Development Public Hearing minutes of January 2018. 6. Community Development Public Hearing minutes of February 2018. Page 6 of 137 CITY OF WATERLOO Council Communication Minutes of March 13, 2018, Special Session, as proposed. City Council Meeting: 3/26/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 3/20/2018 - 1:11 PM ATTACHMENTS: Description Type ❑ Minutes of 3.13.18 special session Backup Material Submitted by: Submitted By: Page 7 of 137 March 13,2018 The Council of the City of Waterloo, Iowa, met in Special Session on Tuesday, March 13, 2018. Roll Call: Jacobs, Morrissey, Shimp, Klein, Amos, Schmitt, Juon. Mr. Schmitt joined via telephone and arrived at the meeting at 12:38 p.m. 146704- Juon/Shimp that the Agenda, as amended,for the Special Session on Tuesday,March 13,2018,be accepted and approved. Voice vote-Ayes: Seven. Motion carried. RESOLUTION Mayor Hart provided an overview of a new budget option 6 that would reduce property tax askings to$17.47821 and noted that it would include the delay of hiring vacant general fund positions. Council then discussed the changes proposed in budget option six presented by Mayor Hart. The proposal used the levy rate proposed on March 8,2018 as a base for applying additional expense and revenue changes in order to arrive at the levy rate of$17.47821. Mr. Schmitt arrived at 12:38 p.m. Mayor Hart clarified that option six needs to include filling two vacant fire positions. Mr.Jacobs proposed reducing the franchise fee increase from 1%to.5%. 146705- Shimp/Amos To recess for fifteen minutes at 1:01 p.m. Voice vote-Ayes: Seven. Motion carried. 146706- Shimp/Amos To reconvene at 1:40 p.m. Voice vote-Ayes: Seven. Motion carried. 146707- Morrissey/Amos that"Resolution adopting a FYE19 budget with a total tax levy rate of$17.7326 and property and excise tax askings in the amount of$41,095,303",be approved. 146708- Morrissey/Juon To amend by reducing the levy rate to $17.49. Roll call vote-Ayes: Three. Nays: Four (Jacobs, Shimp,Klein,and Schmitt). Motion failed. 146709- Jacobs/Shimp Amend to option 9 with a levy rate of$17.45595. Roll call vote-Ayes:Five.Nays: Two(Morrissey and Schmitt).Motion carried. ADJOURNMENT 146710- Shimp/Amos that the Council adjourn at 1:56 p.m. Voice vote-Ayes: Seven.Motion carried. Kelley Felchle City Clerk Page 8 of 137 CITY OF WATERLOO Council Communication Minutes of March 19, 2018, Regular Session, as proposed. City Council Meeting: 3/26/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 3/20/2018 - 1:10 PM ATTACHMENTS: Description Type ❑ Minutes of 3.19.18 Backup Material Submitted by: Submitted By: Page 9 of 137 March 19,2018 The Council of the City of Waterloo,Iowa,met in Regular Session at Harold E.Getty Council Chambers, Waterloo,Iowa,at 5:30 p.m.,on Monday,March 19,2018 . Mayor Quentin Hart in the Chair. Roll Call: Jacobs,Morrissey,Shimp,Klein,Amos,and Juon. Council member Schmitt joined the meeting by telephone. Prayer or Moment of Silence. Pledge of Allegiance: Kent Shankle,Director of Cultural&Arts Commission 146714- Juon/Amos that the Agenda,as proposed,for the Regular Session on Monday,March 19,at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 146715- Juon/Amos that the Minutes,as proposed,for the Regular Session on Monday,March 12,at 5:30 p.m.,be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Mayor Hart recognized the Orange Neighborhood Association. ORAL PRESENTATIONS Mike Henning, 138 Sidehill Drive,commented he is not in support of the rezone in relation to the Orange neighborhood as a complete plan is not in place. He asked that the council reject the plan until further discussion can be held to develop a comprehensive plan compatible with the Orange Elementary School and neighborhood. Mayor Hart thanked Mr. Henning for the recent meeting and indicated the group was able to discuss many issues. Mrs. Juon stated she would also be meeting with Mr.Henning and Mr.Rodemeyer on March 20, 2018 to hear more of their concerns. Aaron Boshart,400 E. Court Street,Des Moines,Iowa,addressed the council seeking a letter of support in regards to his company's application to the Iowa Department of Public Health for a medical cannabidiol dispensary in Waterloo. Jim Chapman,224 Bertch,questioned the ownership of the Convention Center and Sunnyside South. Dave Zellhoefer,City Attorney,stated a court date was set for March 29,2018 regarding the disposition of Sunnyside South and that the maintenance of the property was a cooperative effort at this point. Bruce Kaesser, 106 E.Third Street,addressed the council regarding gun violence. Todd Obadal, 124 Amity Drive,questioned the compensation received from Nutriject for sludge processed by the City and the unit price charged for waste disposal. Mayor Hart stated these questions have been addressed on numerous occasions and this will be the last time an answer will be provided. Steve Hoambrecker,Waste Management Services Director, commented on the services and the amounts charged to process waste brought in from outside the city limits. Duane Eilers, 1205 '/2 Bishop Street,thanked the Mayor for meeting with him and asked the council to address the charges being assessed to him for replacement of a water shut-off valve. Matt Mahler,General Manager,Water Works,provided Mr.Eilers with his information and indicated his department was meeting on Thursday to discuss the topic and that he would be happy to meet with Mr.Eilers following that meeting. Page 10 of 137 March 19,2018 Page 2 David Dryer,3145 W.4`h Street,commented on the proposed budget amendments where additional revenue is expected or anticipated and asked that the council budget only with money actually available. John Sherbon, 1715 Robin Road,questioned recent events held at the Convention Center and the revenues lost through liquor sales and licensing and also what will happen with the Fire Station on Ansborough when the road construction begins. Pat Treloar,Fire Chief, explained that he is working with the traffic and signs department to minimize issues with traffic flow. Mr.Jacobs recognized Abraham Funchess,Civil Rights Commission and Charles Pearson for their efforts and organization of the Iowa Civil Rights Trail,an upcoming bus tour and marches being held. He further recognized C&S Car Company,Palace Clothiers and the University Avenue Dairy Queen for their efforts as well and in helping to pay for the bus tour. Mr.Morrissey invited everyone to attend Funky Junk-a-Loo on Saturday and Sunday at the Convention Center,thanked Mr.Boshart for bringing information to the council regarding medical cannabidiol dispensaries and asked the council to support his efforts,commented that detour signage on Highway 63 is confusing especially near Allen Hospital and mentioned that in remembrance of the Parkland shooting incident there will be a march on Saturday at 4 pm from the Gateway into downtown Cedar Falls. Mr. Shimp asked if Abraham Funchess could provide infoi7nation on the upcoming events. Abraham Funchess,Human Rights Commission Director,reviewed the schedule of events. 146716- Juon/Amos that the above oral comments be received and placed on file. Voice vote-Ayes: Seven. Motion carried. CONSENT AGENDA 146717- Juon/Morrissey that the following items on the consent agenda be received,placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report,dated March 19,2018, in the amount of$2,224,167.59,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.2018-166. 2. Resolution setting a date of public hearing as April 2,2018 to approve the request by Heinold Hog Markets,LLC for a Site Plan Amendment to the"M-2,P"Planned Industrial District for the construction of a 12,375 square foot livestock processing facility located adjacent to 720 N Elk Run Road, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No.2018-167 3. Resolution approving preliminary plans,specifications and bid documents and setting date of bid openings as April 5,2018 and date of public hearing as April 9,2018 for the 2018 Right of Way Mowing Contract,and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No.2018-168 4. Resolution approving preliminary plans,specifications,form of contract,etc.and setting date of bid opening as April 5,2018 and date of public hearing as April 9,2018,for the FY 2018 Street Reconstruction Program,Contract 944,and instruct City Clerk to publish said notice. Page 11 of 137 March 19,2018 Page 3 Resolution adopted and upon approval by Mayor assigned No.2018-169 5. Resolution setting the date of hearing for April 2,2018 for the request by Wayne Claassen Engineering and Surveying Inc.on the behalf of Friends of Faith Retirement Homes,Inc.to rezone 14.5 acres from"R-2"One and Two Family Residence District and"R-3"Multiple Residence District to"R-4,R-P"Planned Residence District located at 600 Park Lane to allow for the redevelopment of the existing retirement home community with construction of approximately 211,968 square feet of total structures,and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No.2018-170 6. Resolution Electing Classifications and Procedures for proposed Bond Projects as listed in the requested Waterloo Project Allocations 2018 Bond Issue Summary for the FY2019 projects. Resolution adopted and upon approval by Mayor assigned No.2018-171 7. Resolution setting date of public hearing as April 9,2018 on the proposed issuance of the following bonds for project classifications and instruct the City Clerk to publish said notice. (Details on projects covered by each hearing are on file for review.) (a) GCP-2-Not to exceed$700,000 General Obligation Bonds(General Corporate Purpose) (b) GCP-3 -Not to exceed$700,000 General Obligation Bonds(General Corporate Purpose) (c) GCP-4-Not to exceed$700,000 General Obligation Bonds(General Corporate Purpose) (d) GCP-5-Not to exceed$700,000 General Obligation Bonds(General Corporate Purpose) (e) ECP-UR#6-Not to exceed$700,000 General Obligation Urban Renewal Bonds (Essential Corporate Purpose) Resolution adopted and upon approval by Mayor assigned No.2018-172(a-e) b. Motion to approve the following: 1 Travel Requests Name&Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed a. Bobbie Moline- Gallery Talk&Waterloo Woodland March 7-10, $250.00 Kramer,Artist Schools Presentation Hills,CA to 2018 Waterloo, IA b. P.O's.Bovy,Ehlers, K-9 Ding Detection Johnston,IA April 9-12, $1,000.00 Herkelman and Lt. Enhancement Course 2018 Fangman MCTC Mid-West Counter Drug Training Center c. P.O.'s Bovy,Ehlers 2018 Detector Dog Anamosa, April 15-17, $1,370.00 and Herkelman Trials IA 2018 d. Angie Fordcye,Matt 2018 National Lead and Omaha,NE April 30- $3,025.00 Chesmore and Jon Healthy Housing May 3, Mai-tin Conference HUD 2018 Program Managers School e. Maggie Howard- 40 Hour Lead Inspector/ Des Moines, April 9-13, $2,000.00 Heretakis Risk Assessor Training IA 2018 2• Approved Beer,Liquor,and Wine Applications Name&Address of Business Class New or I Expiration Includes Page 12 of 137 March 19,2018 Page 4 Renewal Date Sunda a. Hy-Vee#1 Clubroom,2834 B Wine/C Beer/E Renewal 3/23/2019 x Ansborou h Avenue Liquor b. Tokyo Japanese Steakhouse, C Liquor Renewal 2/13/2019 x 1931 Sears Street c. Wishbone,201 W. 18th C Liquor Renewal 1/31/2019 x Street w/Outdoor Service /Catering 3. Bonds. Roll call vote-Ayes: Seven. Motion carried. RESOLUTIONS 146718- Morrissey/Amos that "Resolution approving award of contract to B & B Lawn Care Inc. of Waterloo, Iowa, for Option A $1,249.49 per occurrence, Option B $1,249.49 per occurrence, Option C $24.49 per man hour, Option D $39.89 per acre, Option E $24.49 per man hour, and approving the bonds and certificate of insurance, in conjunction with the 2018 Complaint Mowing with Complaint Snow Removal Contract,and authorize the Mayor and City Clerk to execute said documents",be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Shimp requested an overview of the proposal pricing. Dave Zellhoefer,City Attorney,reviewed the bidding process and explanation of options A-E. Resolution adopted and upon approval by Mayor assigned No.2018-173 146719- Morrissey/Amos that"Resolution approving the request of Advanced Heat Treat Corporation for Industrial Property tax exemptions on the expansion of property located at 2825 Midport Boulevard and authorize the Mayor to execute said document',be adopted. Roll call vote-Ayes: Seven. Motion carried. Mr. Shimp requested an overview of the tax exemptions. Noel Anderson, Community Planning and Development Director, explained this is a tax exemption offered on industrial property improvements through an expansion of the project. Resolution adopted and upon approval by Mayor assigned No.2018-174 146720- Shimp/Morrissey that"Resolution approving the Business Financial Assistance Application for tax credits through the Iowa Economic Development Authority,including local match commitment through land acquisition,for the expansion of Advanced Heat Treat,located at 2825 Midport Drive,and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Seven. Motion carried. David Dryer,3145 W.4T"Street,questioned the local match and where it comes from. Noel Anderson, Community Planning & Development Director, explained the local match is met through the abatement program through Black Hawk County. Resolution adopted and upon approval by Mayor assigned No.2018-175 146721 - Shimp/Morrissey Page 13 of 137 March 19,2018 Page 5 that"Resolution approving submission of grant application to the U.S. Department of Justice Office of Justice Programs for the Paul Coverdell, Forensic Science Improvement Grant Program", be adopted. Roll call vote-Ayes: Seven. Motion carried. Dan Trelka, Police Chief, stated the grant is for improvements to the crime lab with no matching funds required. Resolution adopted and upon approval by Mayor assigned No.2018-176 ORDINANCES 146722- Amos/Shimp that"an Ordinance amending Ordinance No. 5079,as amended,City of Waterloo Zoning Ordinance, by amending the official Zoning Map referred to in Section 10-4-4,approving a site plan amendment on a certain property located south of 2911 Southland Drive",be received,placed on file,considered and passed for the third time. Roll call vote-Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5444. ADJOURNMENT 146723- Morrissey/Juon that the Council adjourn at 6:23 p.m. Voice vote-Ayes: Seven. Motion carried. LeAnn M.Even,CMC,IaCMC Deputy City Clerk Page 14 of 137 CITY OF WATERLOO Council Communication Minutes of March 19, Special Session, as proposed. City Council Meeting: 3/26/2018 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 3/23/2018 - 5:01 PM ATTACHMENTS: Description Type ❑ Minutes of 3.19.18 Special Session Backup Material Submitted by: Submitted By: Page 15 of 137 March 19,2018 The Council of the City of Waterloo, Iowa, met in Special Session at the Harold E. Getty Council Chambers, Waterloo, Iowa, at 3:30 p.m., on Monday, March 19, 2018. Quentin Hart in the Chair. Roll Call: Morrissey, Klein,Amos,and Juon. Absent: Shimp,and Schmitt. Mr.Jacobs joined the meeting at 3:47 p.m. 146711 - Juon/Amos that the agenda, as proposed,for the Special Session on Monday,March 19,2018 at 3:30 p.m.,be accepted and approved. Voice vote-Ayes: Four. Motion carried. 146712- Juon/Amos that "Resolution approving submission of an Opportunity Zone application to Iowa Economic Development Authority and authorize Mayor to execute all necessary documents"be adopted. Roll call vote-Ayes: Five. Motion carried. Noel Anderson, Community Development Director, provided an overview of the Opportunity Zones. Mrs.Juon questioned if this was for commercial and residential,the maximum amount of the grant and if matching funds were required. Noel Anderson explained that usage is mixed and the maximum amount of the grant is driven by the investor. He further explained that he is unaware of a match requirement. Mr. Morrissey questioned if the council could get street by street mapping, what other counties have been deemed economically distressed,and what criteria is being considered. Noel Anderson confirmed that the requested information will be forwarded to council, noted that unemployment is a criterion for the grant, and explained that incentives to the investors are provided at a federal level through a federal temporary tax deferral. Mr. Morrissey commented that many community members are alarmed at the number rental properties owned by absentee landlords where properties are degraded over time and asked if this opportunity would be available in the future to help in the church row area. Noel Anderson explained the opportunity would not likely be available as it is a ten year designation and noted that the church row area is in census tracks 2 and 3 which are eligible as well. He noted that future discussion should take place with potential investors in the church row area to determine what is needed to gain their interest. Mr. Morrissey commented that the city should consider doing something about the absentee landlord issue and the degradation of properties through ordinance changes,including an additional tax to absentee landlords not caring for their properties. Mrs.Juon questioned how soon a decision would be made. Mayor Hart commented on the Governor's timeline. Resolution adopted and upon approval by Mayor assigned No.2017-165. ADJOURNMENT 146713 - Juon/Jacobs that the Council adjourn at 3:48 p.m. Voice vote-Ayes: Five. Motion carried. LeAnn M.Even,CMC,IaCMC Deputy City Clerk Page 16 of 137 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications,bid documents, etc. and setting date of bid opening as April 5, 2018 and date of public hearing as April 9, 2018, for FY 2018 Lift Stations Mowing, and instruct City Clerk to publish said notice. City Council Meeting: 3/26/2018 Prepared: 3/19/2016 REVIEWERS: Department Reviewer Action Date Waste Management Rath, Brian Rejected 3/19/2018 - 4:19 PM Waste Management Henrich, Julianna Approved 3/19/2018 - 4:25 PM Waste Management Rath, Brian Approved 3/19/2018 - 4:26 PM Clerk Office Higby, Nancy Approved 3/20/2018 - 12:27 PM ATTACHMENTS: Description Type D 2018/ Lift Station Mowing Notice Cover Memo Resolution approving 12reliminary plans, specifications; bid documents, etc. SUBJECT: and setting date of bid opening as April 5, 2018 and date of public hearing as April 99, 2018, for FY 2018 Lift Stations Mowing and instruct City Clerk to publish said notice. Submitted by: Submitted By: Brian Rath, Waste Management Treatment Operations Supervisor Recommended Action: Approve the specifications, etc., and taking of bids, and set the date of bid opening and hearing. Page 17 of 137 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES NOTICE OF PUBLIC HEARING On Proposed Specifications and the NOTICE TO BIDDERS for 2018 WWTP & LIFT STATIONS MOWING RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in City Hall, 715 Mulberry St, Waterloo, Iowa, on or before Thursday, April 5, 2018, until 12:00 NOON, for the 2018 Wastewater Treatment Plant (WWTP) & LIFT STATIONS MOWING as described in the plans and specifications now on file in the City Clerk's office, Waste Management Services. OPENING OF BIDS All proposals received for the 2018 WWTP & LIFT STATIONS MOWING will be opened in the City Clerk's Office in City Hall, Waterloo, Iowa, on Thursday, April 5, 2018, at 1:00 p.m., and the proposals will be referred to the Waste Management Services for recommendation of award. PUBLIC HEARING Notice is hereby given that the Waterloo City Council will conduct a public hearing on the proposed specifications and form of contract for the 2018 WWTP &LIFT STATIONS MOWING at the City Council Meeting, Monday, April 9, 2018. The hearing will be held in the City Council Chambers in Waterloo City Hall. The contract documents are on file in the City Clerk's office, 715 Mulberry St., Waste Management Services, 3505 Easton Ave., Waterloo, Iowa, for public examination. Any person interested may file written objection with the City Clerk before the date set for the hearing or appear and make objection at the meeting. SCOPE OF WORK The Contractor shall provide all labor, equipment and materials necessary for mowing and weed control spraying the designated areas in accordance with these specifications. CONTRACT PERIOD The period of time covered under this proposed contract shall be approximately April 17, 2018, through October 15, 2018. Page 18 of 137 NOTICE TO BIDDERS Pagel of 3 PROPOSALS SUBMITTED All bids must be submitted on forms supplied by Waste Management Services. The bidder shall bid on a per unit price (WITH EACH "Option" treated as a separate unit) as shown on the Bid Form. Each unit should be bid as a stand-alone item and not merely as a component of a total bid package that includes all options together. BID SECURITY REQUIRED All bids must be accompanied, in a separate envelope, by a certified or cashier's check drawn on an Iowa bank chartered under the laws of the United States or the State of Iowa, a certified share draft drawn on a Credit Union in Iowa chartered under the laws of the United States or the State of Iowa, or a bid bond payable to the City of Waterloo, Iowa, in the sum of Fifteen Hundred Dollars ($1,500.00), which certified check, certified share draft, or bid bond will be held as security that the Bidder will enter into a Contract for the mowing work and will furnish the required bonds, and in case the successful bidder shall fail or refuse to enter into the Contract and furnish the required bonds, the bid security may be retained by said City as agreed liquidated damages. If a bid bond is used, it must be signed by both the bidder and the surety or the surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. CONTRACT AWARD Waste Management Services has divided the mowing contract into three (3) areas as indicated on the Bid Form. Each is severable from the others and may be the subject of a separate contract. The City shall award the Contract to the responsible Bidder whose bid, conforming to the Specifications and without regard to whether the bid is made on a per-option or a total basis, is most advantageous to the City, Waste Management price and other factors considered. The City reserves the right to award a contract for any single Option, any combination of Options, or all Options together. The intention is not to award the contract at the time of bid opening, but to award the contract after review of bids and bidder information by the City and Waste Management Services such that the award is made within thirty (30) days after bid opening. The City reserves the right to waive any and all parts of a specific bid. BOND The successful Bidder shall furnish a Performance Bond, within ten (10) days after notification of acceptance of the bid, in the amount of Thirty Thousand Dollars ($30,000.00). The Bond is to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operation of the Contractor. AFFIRMATIVE ACTION PROGRAM The successful Bidder and any subcontractors will be required to execute and have approved an Affirmative Actions Program or Update before beginning work on the project, if they have been awarded an aggregate of$10,000 in city projects during the current calendar year. Page 19 of 137 NOTICE TO BIDDERS Page 2 of 3 METHOD OF PAYMENT TO CONTRACTOR Payment to the contractor for services performed shall be paid on a monthly basis. Payments shall be based on the actual number of acres mowed during the previous period. A detailed bill of completed work must be received and approved by the Waste Management Services Department for WWTP & Lift Station Mowing at their office located at 3505 Easton Ave., Waterloo, Iowa before payments will be made. The billing shall include: • Address of properties • Area or time billed for(depending on bid proposals) Published by order of the City Council of said City of Waterloo, Iowa, on the day of 12018 City of Waterloo, Iowa, Kelly Felchle, City Clerk Page 20 of 137 NOTICE TO BIDDERS Page 3 of 3 CITY OF WATERLOO Council Communication Request of the Screaming Eagle American Bar& Grill, 228 East 4th Street, to close the 600 block of Lafayette Street every Thursday between May 3, 2018 and October 25, 2018 from 5:00 p.m. to 11:00 p.m., with use of city barricades, and for a variance to the Noise Ordinance including a band and the use of a PA system. City Council Meeting: 3/26/2018 Prepared: 3/20/2018 ATTACHMENTS: Description Type ❑ Screaming Eagle Request Cover Memo Request of the Screaming Eagle American Bar& Grill, 228 East 4th Street to close the 600 block of Lafayette Street every Thursday between May 3, SUBJECT: 2018 and October 25, 2018 from 5:0012.m. to 11:00 p.m., with use of city barricades, and for a variance to the Noise Ordinance including a band and the use of a PA system. Submitted by: Submitted By: Dave Mohlis. Police Captain Recommended Action: Approve Request This is the 10th year of this event. It brings live music and many visitors to Summary Statement: downtown Waterloo. The event is weather dependent. In addition to the street closing the Screaming Eagle will extend their outdoor patio area and request a noise variance. Expenditure Required: Cost with placing and retrieving barricades. Source of Funds: General Policy Issue: None Background Information: This will be the 10th year of this event with very few if any incidents. Page 21 of 137 March 13, 2018 f Waterloo City Council, The Screaming Eagle would like to thank the Waterloo City Council for allowing 228 E. 4th St. the closing of Lafayette between 4th and 5th Streets the past nine years. This joint Waterloo, Iowa 50701 cooperation between the Council and The Screaming Eagle has been a very good 319-235-8865 Thursday night attraction for the City of Waterloo during the summer months. theeaglestalon.com This trouble free event typically brings up to 1500 people downtown Waterloo. Again we would like to ask the 2018 Waterloo City Council to grant The Screaming Eagle permission to place an aluminum fence border as we have in the past to border the event. This border shall be placed as indicated on the attached map and include the daily patio area along our building adjacent to 4tn Street with the same dimensions as in the past. This request should include the same noise variance the Council has granted us in the past from 5pm-11pm every Thursday night. This request is for every Thursday night May 3, 2018 through October 25, 2018. 2512 Whitetail Dr. Thank you for your support. Cedar Falls, Iowa 50613 319-277-4273 getawildhare.com -- Sincerely, I r T Ivan i and, President Screaming Eagle American Bar & Grill Waterloo, IA 1016 W. Bremer Waverly, Iowa 50677 319-352-8819 dirtvdoewaverlv.com +I 0 B 204 E. Main St. Cedar Falls, Iowa 50614 319-266-3507 hornvtoadcedarfalls.com Page 22 of 137 41p L2A .00 f _I ♦ 7� ���yiq� 1J r - x:. r t" 4R tit AL k.: r Page 23 of 137 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as April 26, 2018 and date of public hearing as April 30, 2018, in conjunction with the replacement of parking lot equipment and the installation of a Parking Access and Revenue Control System(PARCS), and related parking lot improvements at the Waterloo Regional Airport, and instruct City Clerk to publish said notice. City Council Meeting: 3/26/2018 Prepared: 3/20/2018 REVIEWERS: Department Reviewer Action Date Airport Kaspari, Keith Approved 3/20/2018 - 6:18 PM Clerk Office Even, LeAnn Approved 3/21/2018 - 12:22 PM ATTACHMENTS: Description Type D ALO - Waterloo -NPH -NTB - PARCS Cover Memo D ALO - Waterloo -Novus - Parking Lot Aerials X 2 Cover Memo Resolution approving 12reliminary plans, specifications; form of contract, etc. and setting date of bid opening as April 26, 2018 and date of public hearing SUBJECT: as April 30. 2018, in conjunction with the replacement of parking lot equipment and the installation of a P arking Access and Revenue Control System PARC S), and related parking lot improvements at the Waterloo Regional Airport. and instruct City Clerk to publish said notice. Submitted by: Submitted By: Keith Kaspari, Airport Director Approve of Airport Staff s ability to bid the replacement of parking lot Recommended Action: dispensing and revenue generation equipment(PARCS) and pending bids for the physical parking lot improvements. This project, once completed, will, with a steady pace of current and future passenger traffic using the airport, will showcase an increase in parking lot revenue for the benefit of the airport's day-to-day operation. The last two calendar years, we will have averaged approximately $120,000 Summary Statement: in parking revenue. Lastly, the current equipment is literally on it's last leg. Parts to keep the system operating much longer is no longer available due to the age of the current equipment, and the company is no longer in business. Expenditure Required: Current Staff estimate, without Additive Bid Items (ABI's) is approximately $180,000. Page 24 of 137 This project was approved as a FY-2018 Capital Project with the issuance of Source of Funds: General Obligation bonds as requested by Senior City Leadership and approved by the City Council in preparation for the FY-2018 budget season. This project complies with the City of Waterloo's Strategic Plan, as follows: Policy Issue: Goal No: 2, and Strategy No:2.2. Goal No: 3, and Strategy No: 3.1, 3.3, 3.4 and 3.5. Goal No:4, and Strategy No:4.5 and 4.7. Any remaining funds, outside of the initial equipment, would be used as follows: 1. Complete as many purchases of the Additive Bid Items as possible; Alternative: 2• Complete, once the project has been completed and formally accepted by the City, the Sweeping, Crack-Seal, Application of Pavement Rejuvenation Coating(to extend Life-Cycle of this section of Pavement) and Re-Striping of all parking lot spaces, including the Surface Painted Handicapped Signs, Dedicated Walk-Ways, and possibly signage. This project, has been a priority of Airport Staff for many years. Current system has been significantly problematic for many years, and a problem since the current equipment was installed many years ago. We have spent thousands of dollars each year to troubleshoot and make repairs to antiquated equipment. We have recently purchased the final three circuit boards to continue its daily operation until the equipment is replaced as a result of this project. This project will be much more user and passenger friendly then the current system. If all options are realized with this replacement project, it will: 1. Provide an enhance revenue generation; 2. Provide a total of three(3) current entrances to the north and south areas of the parking lot; 3. Provide for the current Southside entrance and exits, to serve as a dedicated PIL(Pay In Lane) for accepting Credit and Debit cards on the left, and Cash, Credit and Debit cards on the right side. Background Information: Staff is optimistic that a future IDOT C S VI project will allow for an approved Canopy, Signage and Lighting project to protect the equipment long-term from extreme winter and wet weather elements throughout the calendar year. Additionally, this project will be only one part of a larger landside development project, that will be of significant benefit to the users of the airport, as Staff will be replacing the current outdated parking lot light pole (head fixtures or lamps)with energy efficient LED fixtures such as what was installed along Airport Blvd. by the Traffic Division(Significant Benefit!) Over time, staff will be, and pending funds, completing additional and Page 25 of 137 phased improvements as follows: 1. Pavement rejuvenation as noted earlier and above in the Project Alternative section; and, 2. Installation of parking lot perimeter fencing to prohibit parking lot users to "skirt" the system and pay less then they actually do. Legal Descriptions: Not Applicable for this request by Airport Staff Page 26 of 137 CITE'OF WATERLOO,IOWA DBA WATERLOO REGIONAL AIRPORT RFC —RFP for an Airport Parking Lot Equipment Replacement Project RFQ-RFP, CONTRACT DOCUMENTS AND SPECIFICATIONS FOR THE REPLACEMENT OF PARKING LOT EQUIPMENT AND THE INSTALLATION OF A PARKING ACCESS AND REVENUE CONTROL SYSTEM (PARCS) AND RELATED IMPROVEMENTS AT THE WATERLOO,IOWA, REGIONAL AIRPORT WATERLOO REGIONAL AIRPORT CRUISE A NEW ALTITUDE CITY OF WATERLOO, IOWA dba WATERLOO REGIONAL AIRPORT April, 2018 CITY OF WATERLOO —CITY COUNCIL MAYOR QUENTIN HART Jerome Amos —Pat Morrissey—Sharon Juon —Margaret Klein Chris Shimp —Steve Schmitt—Bruce Jacobs WATERLOO AIRPORT BOARD Hugh Field —Arlene Humble—Steve Dust Charles Needham—Scott Voigt—Gwenne Berry—Dr. Linda Allen PREPARED BY: Keith Kaspari, MPA, C.M. Airport Director Waterloo Regional Airport City of Waterloo, Iowa 1 Page 27 of 137 CITY OF WATERLOO,IOWA DBA WATERLOO REGIONAL AIRPORT RFQ—RFP for an Airport Parking Lot Equipment Replacement Project NOTICE OF PUBLIC HEARING On Proposed Contract Documents,Form of Contract and Specifications for the Replacement of Parking Lot Equipment and the Installation of a Parking Access and Revenue Control System(PARCS),and Related Parking Lot Improvements in the City of Waterloo at the Waterloo Regional Airport RECEIVING OF BIDS Sealed proposals will be received by the Office of the City Clerk of Waterloo,Iowa, at City Hall on the 26`h day of April, 2018, until 1:00 p.m. for the PARKING ACCESS AND REVENUE CONTROL SYSTEM (PARCS) FOR THE WATERLOO REGIONAL AIRPORT, AND RELATED PARKING LOT IMPROVEMENTS, as described in detail in the RFQ-RFP and Contract Documents now on file with the Office of the City Clerk. OPENING OF BIDS The submittals of all proposals will be opened in the First Floor Conference room in City Hall,in Waterloo, Iowa, on the 26th day of April 2018 at 1:00 p.m., and the proposals will be acted upon at such a time and place whereby the bids will be fixed and acted upon by the City Council. PUBLIC HEARING Notice is hereby given that the City Council of Waterloo, Iowa, will conduct a public hearing on the proposed Contract Documents, form of contract, and estimate of project cost for the purchase and installation / construction of the above-described improvement project at 5:30 p.m. on the 30th day of April, 2018, with said hearing to be held in the Harold E. Getty Council Chambers, Second Floor of City Hall in said City. The proposed Contract Documents, form of contract, and estimate of cost for said improvements heretofore prepared by the Director of Aviation for the City of Waterloo, and where they are now on file in the Office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. The NOTICE TO BIDDERS can be viewed at the following locations: 1. City of Waterloo, Iowa website,at: http://ci.waterloo.ia.us/ 2. Waterloo Regional Airport website,at: www.flyalo.com SCOPE OF WORK The project consists for the phased removal of the existing, and installation of a new PARKING ACCESS AND REVENUE CONTROL SYSTEM (PARCS) and related parking lot improvements for the paid- passenger parking lot at the Waterloo(Iowa)Regional Airport. Published pursuant to the provisions of Chapter 26 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the 26`h day of March,2018. 1 Page 28 of 137 CITY OF WATERLOO, IOWA DBA WA 7 ERLOO REGIONAL AIRPORT RFQ—RFP for an Airport Parking Lot Equipment Replacement Project NOTICE TO BIDDERS For the Purchase and Installation of a Parkine Access and Revenue Control System(PARCS),and Related Parkin L� of Improvements in the City of Waterloo,Iowa,at the Waterloo Repiona0_AiUort RECEIVING OF BIDS Sealed proposals will be received by the Office of the City Clerk of Waterloo, Iowa, at City Hall on the 261h day of April, 2018, until 1:00 p.m. for the PARKING ACCESS AND REVENUE CONTROL SYSTEM (PARCS) AND RELATED PARKING LOT IMPROVEMENTS FOR THE WATERLOO REGIONAL AIRPORT, as described in detail in the RFQ-RFP documents now on file with the Office of the City Clerk. OPENING OF BIDS The submittals of all proposals will be opened in the First Floor Concrence room in City Hall, in Waterloo, Iowa, on the 26th day of April,2018 at 1:00 p.m., and the proposals will bk ;-C'W,l upon at such a time and place whereby the bids will be fixed and acted upon by the City Council. PRE-BID MEETING A pre-bid meeting will not be held,but parking lot equipment providers and installers are encouraged to make a site visit at the sole expense of the provider/installer to familiarize their company and their personnel with the existing conditions,and to discuss the overall Scope of Work with the Director of Aviation. PUBLIC HEARING Notice is hereby given tha +:1h Council of said City will conduct a public hearing on the proposed Contract Documents, form of contract, a id estimate of cost for the purchase and installation / construction of the above- described improvement project at 5:30 p.m. on the 30th day of April,2018,said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The project consists for the removal of the existing, and installation of a new PARKING ACCESS AND REVENUE CONTROL SYSTEM(PARCS)and related parking lot improvements for the paid-passenger parking lot at the Waterloo(Iowa)Regional Airport. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten(10)calendar days after receipt of the "Notice to Proceed"(and pending adverse seasonal weather, on a date agreed upon by the installer and the Director of Aviation),whereby any and all construction shall be completed on or before Sunday,July 1",2018. METHOD OF PAYMENT TO SUCCESSFUL BIDDER The work under the proposed cc+, ,r„t shall be commenced within ten(10)calendar days after receipt of the "Notice to Proceed”and all items be completed on or before July 1,2018. Due to the short duration of the prJect, and according to the bid schedule, this will be discussed and accepted in v r ti r both parties prior to the Lcginning of work. vv itis the submittal of a Bid Bond, equivalent to five (5) percent of the project total, the City of Waterloo shall consider an initial progress payment, with subsequent future payments of the project scheduled along with a final payment for project retainage. 2 Page 29 of 137 i z .' LU ❑W ag 0Wa w CSF ao cc w ZZ ao Ye o° C7 22 Gm LLQdF� d— a LuCyLLJ w� Ll l H� LLZ WW W � o U O M r � 3 Q R Q V• 3 WLO r Q Q .fir - Li 1 e w w „ a 1 ca 1. w _ Ad CO IOPOIW'NOO'Ino6elo-l&pjed110l6uleyedleledl:0 apd u5poo IVA uogelSaalyp wml MUM Z- F-. z LLJ ❑W z a OW aE LLI Y w C) Qn."r d5 14 LLJO w *, HW 7� W W ti3 W r U C - M I s X Q O w J � � E _ C. Q j q W O O Of U) w r u „z � t� W w� Ok a/z P,aQo 0 LU LLI W l�� Q z W -..- LLJ 1 ` w. cc a E N:d bE:9S:Z'L LOZIbZ1DL:Pallold VO laPOA'NEJO,None-po-jfiulWedµo76ul�Jed�eleCR:O DIH udisaa 18A uogelSololry wool Paluud ernol`aopeleM �I CITY OF WATERLOO Council Communication Resolution preliminary approving plans, specifications,bid document, etc. and setting a date of bid opening as April 5, 2018 and date of public hearing as April 9, 2018, for the purchase of one (1) 2017 or newer backhoe loader, and instruct City Clerk to publish said notice. City Council Meeting: 3/26/2018 Prepared: 3/20/2018 REVIEWERS: Department Reviewer Action Date Traffic Operations Higby, Nancy Approved 3/21/2018 - 11:58 AM Resolution preliminary approving plans, specifications, bid document, etc. SUBJECT: and setting a date of bid opening as April 5, 2018 and date of public hearing as April 9, 2018, for the purchase of one(1) 2017 or newer backhoe loader, and instruct City Clerk to publish said notice. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Recommend Approval Request council adopt resolution to set date of bid opening and public Summary Statement: hearing for the purchase of one(1) Backhoe Loader for the Sewer Department. Expenditure Required: $156,000.00 Source of Funds: 520-14-5200-2117 (motor vehicles and equipment) Policy Issue: Strategy 4.5: Maintain and develop community services and city facilities that support quality of place. Waste Management has developed a 5 vehicle replacement program based primarily upon vehicle age and ongoing maintenance costs. The proposed Background Information: backhoe is the next vehicle scheduled to be replaced. The new backhoe will improve production while providing additional capabilities that the existing backhoe does not provide. Page 32 of 137 CITY OF WATERLOO Council Communication Resolution approving preliminary plans, specifications, form of contract, etc. and setting date of bid opening as April 12, 2018 and date of public hearing as April 16, 2018, for the Ridgeway Towers PTAC (Packaged Terminal Air Conditioner) Project, and authorize City Clerk to publish said notice. City Council Meeting: 3/26/2018 Prepared: 3/20/2018 REVIEWERS: Department Reviewer Action Date Housing Authority Mayer, Sonia Approved 3/20/2018 - 2:37 PM Clerk Office Higby, Nancy Approved 3/21/2018 - 11:18 AM ATTACHMENTS: Description Type ❑ Request for Bid Cover Memo ❑ Form of Contract Cover Memo ❑ Davis-Bacon Wage Rate Cover Memo a Davis-Bacon Information and Requirements for Cover Memo C ontractor Resolution approving 42reliminaryplans, specifications; form of contract. etc. SUBJECT: and setting date of bid opening as April 12, 2018 and date of public hearing as April 16, 2018, for the Ridgeway Towers PTAC (Packaged Terminal Air Conditioner) Project, and authorize City Clerk to publish said notice. Submitted by: Submitted By: Julie Dawson, Housing Authority Director Replacing all 60 PTAC cooling units at Ridgeway Towers due to age, and Summary Statement: constant need for repair. Additionally, replacing the old units with energy- efficient models will save on energy costs. Expenditure Required: Approximately $72,000, and MidAmerican Energy rebates of approximately $15,535. Source of Funds: Capital Fund Grants 2017 and 2018 Alternative: Not replacing the units will result in further costly repairs and high energy costs. Page 33 of 137 REQUEST FOR BID The City of Waterloo Housing Authority is requesting bids for the purchase and installation of 60 replacement PTAC (Packaged Terminal Air Conditioner) cooling units at Ridgeway Towers Apartments (225 W. Ridgeway Avenue, Waterloo, Iowa) to meet the following specifications: • Cooling capacity of 15,000 btu/hr. • EER (Energy Efficiency Rating) of 10.9 or higher (to qualify for MidAmerican Energy rebates). • 30 units to be purchased and installed in April/May of 2018; the other 30 units to be purchased and installed in August/September of 2018. 0 Installation of all 60 units. Davis-Bacon wage rates will apply. (See the attached information, and General Decision.) 0 Removal and purchase/disposal of old units. SCOPE OF WORK There are 50 apartments at Ridgeway Towers—48 1-bedroom units and 2 2-bedroom units. The 11311 apartments each have one (1) PTAC cooling unit. The 2BR apartments each have 2 PTAC cooling units. The remaining 6 PTAC cooling units are in common areas of the building, including the Community Room, Office, and front entry. All 60 units will be replaced with energy efficient models meeting the above specifications. The old units are to be removed from the premises. If the bidder would like to purchase the old units to use for parts, etc., please indicate such on the attached bid form. ALL BIDDERS ARE ENCOURAGED TO LOOK AT THE CURRENT UNITS PRIOR TO SUBMITTING THEIR BID. PLEASE CONTACT DANA JACKSON, RIDGEWAY TOWERS HOUSING MAINTENANCE, AT 319-230-5619, TO SCHEDULE AN APPOINTMENT. RECEIVING AND OPENING OF BIDS Sealed bids will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of said City until the 121h day of April 2018 at 1:00 p.m. for the RIDGEWAY TOWERS PTAC COOLING UNIT PROJECT, Contract No. 2018-1, as described in detail above, and now on file in the Office of the City Clerk. Bids should be submitted on the attached form only. Bids will be opened in the first Floor Conference Room at City Hall, in the City of Waterloo, Iowa on April 12, 2018 at 1:00 p.m. and the proposals will be acted upon at such later time and place as may then be fixed by the City Council. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit Union in Iowa or chartered under the laws of the United States, or bid bod, (on the form furnished by the City) payable to the City of Waterloo, Iowa in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid RIDGEWAY TOWERS PTAC UNITS Contract#2018-1 Page 1 Page 34 of 137 bond will be held as security that the Bidder will enter into a Contract for purchase and installation, and in case the successful Bidder shall fail or refuse to enter into the Contract, his bid security may be retained by said City as agree upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. Bidders must meet or exceed the above specifications for the total price quoted. Bids that do not meet or exceed the minimum specifications, as determined by the City of Waterloo Housing Authority, will not be considered. All bid prices, upon submission by the Bidder, are recognized by the Authority as irrevocable for a minimum of thirty (30) calendar days following the date of bid opening. The procurement policy for the City of Waterloo dictates that the Housing Authority accept the lowest responsible bid that meets or exceeds the minimum specifications, and whose contract proposal offers the greatest value to the Authority considering price, technical, or other factors. The Bidder understands that the Waterloo Housing Authority reserves the right to reject any bid that is either not considered responsible, or not most advantageous to the Authority. MBE/WBE CONTRACT COMPLIANCE PROGRAM The purpose of the Contract Compliance Program (hereinafter called Program) is to act as an impetus for increasing the participation of minority and women disadvantaged business enterprise (MBE/WBE) in City awarded construction contracts. The Program does not propose to eliminate any bonafide contractor or subcontractor from bidding on City contracts, but it will hopefully serve as a needed stimulus to help local MBE/WBE's grow and eventually become mainstream contractors and subcontractors. This Contract Compliance Program does not propose to include any set-aside or quotas, but only flexible goals where "good-faith efforts" are required by the contractor to use MBE/WBE subcontractors. This Program shall not eliminate the need for contractors to continue their "good-faith efforts" in using MBE/WBE subcontractors on City contracts estimated at less than $50,000. The City of Waterloo will make every effort to reduce in-house construction and maintenance work that would be more cost effectively performed by the private sector and, thus, would allow additional bidding opportunities for MBE/WBE firms. The City Contract Compliance Officer shall be advised of all City of Waterloo awarded construction contracts. RIDGEWAY TOWERS PTAC UNITS Contract#2018-1 Page 2 Page 35 of 137 BEGINNING AND COMPLETION DATES The contract for purchase and installation must be signed no more than ten (10) days following award of bid by the City Council. The initial 30 units must be installed by no later than May 31St, 2018. The other 30 units must be installed by no later than September 30th, 2018. The successful bidder understands that the City of Waterloo Housing Authority shall cancel this arrangement with thirty (30) day notice if all conditions as stated in this bid request have not been fulfilled. If you have any questions regarding this request, please contact Julie Dawson, City of Waterloo Housing Authority Director, at 319-233-0201 or at iulie.dawson@waterloo-ia.org. RIDGEWAY TOWERS PTAC UNITS Contract#2018-1 Page 3 Page 36 of 137 BID FORM Unit Cost: $ X 60 units = Extended Price: $ Installation Cost: $ X 60 units = Extended Price: $ TOTAL BID AMOUNT: $ **If the bidder is interested in purchasing the old units for parts, etc., please complete the following. If not bidding on purchase of the old units, it is understood that the successful bidder will remove all of the old PTAC units from Ridgeway Towers, and dispose of them, as part of the above bid amount. Purchase of old PTAC units: $ X 60 units = Extended Price: $ Submitted by: Company Name: By: Printed Name Signature Date: RIDGEWAY TOWERS PTAC UNITS Contract#2018-1 Page 4 Page 37 of 137 Attachments: • Davis-Bacon Wage Rate Determination (see highlighted wage rate on page 3) • Davis-Bacon Information and Requirements for the Contractor • Form of Contract RIDGEWAY TOWERS PTAC UNITS Contract#2018-1 Page 5 Page 38 of 137 CONSTRUCTION CONTRACT FORM OF CONTRACT FOR THE PURCHASE AND INSTALLATION OF PTAC Cooling Units at Ridgeway Towers CITY OF WATERLOO,IOWA CONTRACT NO. 2018-1 This contract made and entered into this day of April—, 2018 by and between the City of Waterloo Housing Authority, Waterloo,Iowa, a(Non)Profit Corporation, (hereinafter referred to as Agency), and of , Iowa, (hereinafter referred to as Contractor), WITNESSETH: Article 1: Scope of Work Contractor agrees to provide and install the following at Ridgeway Towers Apartments (225 W. Ridgeway Avenue): 60 PTAC (Packaged Terminal Air Conditioner) cooling units with a cooling capacity of 15,000 btu/hr and an EER (Energy Efficiency Rating) of 10.9 or higher. Contractor also agrees to remove all of the old PTAC units from the premises, and either use of them for parts, or dispose of them. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the Owner. The CONTRACTOR further agrees that all work will be done in full compliance with the work description, the City of Waterloo Building Code, the Black Hawk County building codes, and Federal and State specifications currently in effect and the work standards of the building trades utilized. Page 39 of 137 Article 2: Contract Price 2.1 Contract Price_ The total Contract Price to be paid to the Contractor for their performance of all construction work on the locations required by this Contract is: 2.2. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the Agency agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the Agency. No additions or subtractions to the Contract Price may be made without signed written change orders between the Contractor and the Agency. Payment will be made by city warrant following completion of the project. 2.3. The Contractor shall not take advantage of any discrepancies in the drawings or specifications. If any discrepancies are found, they shall be referred to the Agency prior to corrections being made. The Contractor may request changes, alterations, additions, or deletions from work specified in the Contract Document. Article 3: Contract Documents 3.1. Contract Documents. It is understood and agreed that the resolution adopted by the Agency ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. In addition the Contract documents shall include the following: 1. Working Drawings,Plans, and Specifications. 2. Davis-Bacon Wage Decision. 3. Contractor's Bid. 4. Lien Waiver/Anti-Kickback Statement 5. Federal Circular,Notices and Regulations specified in Attachment"A" The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the Agency which has been accepted by the Agency and which is by reference made a part of this contract. Page 40 of 137 Article 4: Commencement of Work 4.1 Commencement of Work. The Contractor agrees to commence said work within thirty (30) days following contract signing, and complete it the installation of the first 30 units on or before May 31, 2018, unless an extension of time is granted in writing by the Agency. The Contractor also agrees to install the remaining 30 units in August/September of 2018 with completion of the entire project by no later than September 30, 2018, unless an extension of time is granted in writing by the Agency. In no event shall the Contractor begin the work before the designated start date, nor prior to the posting of the required "Davis-Bacon" or Federal "5 in 1 Labor Law Poster" (or similar materials) in a visible place together with other pertinent information including the Contractors AA program and emergency contact numbers. 4.2. As of the start date, the Contractor shall promptly and diligently commence work and shall continuously perform the work through its completion as required herein. 4.3. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications promptly by the date herein specified, the Agency may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. Article 5: Completion of Work The Contractor must complete all work required under this Contract by the dates detailed as follows: 5.2. All required work shall be fully completed in a satisfactory, professional and workmanlike manner. 5.3. The contractor shall provide a Code Compliance Certificate from Inspections Department of the work, location's jurisdiction and any other sign-off or completion certificates upon completion of all work, when so required. 5.4. If the Contractor fails to complete any of the required work by the dates and manner as established in this Contract, then the Contractor and the Contractor's sureties shall be assessed a penalty and be liable to the Agency for the sum of ten dollars ($10.00)per day, per each one-thousand dollars ($1,000.00) of the Contract Price for each calendar day of delay, in completing the required work by its required completion date. If the Contractor or contractor's sureties fail to pay the assessed penalty within the thirty (30) days after the date the written notice of penalty assessment has been sent to the Contractor, then the Contract Price shall be reduced accordingly to reflect the off-set against the assessed penalty. Page 41 of 137 Article 6. Lien Waivers The Contractor shall project defend, indemnify and hold harmless, the Agency from any and all lien claims for unpaid work, labor, materials or equipment for which a lien could be filed against the property arising from this Contract. The Contractor shall not be entitled to any payment until the Contractor has delivered to Title all required lien waivers, releases or satisfactions, or a bond satisfactory to Title indemnifying the Agency from any mechanic's liens against the construction site or buildings thereon. Article 7: Indemnity and Hold Harmless 7.1. Indemnity and Hold Harmless. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. 7.2. The Contractor agrees that in the event a law suit is brought against the Owner/Agency for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any act or omission by the Contractor, or the Contractor's subcontractors, or its employees, agents or delegates, in the doing of the work herein contracted for, that it will defend said suit and save the Agency harmless therein, and in case judgment is rendered against the Agency the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the Agency. 7.3. The Contractor shall maintain no cause of action against the Agency on account of delays and prosecution of work, but if said work is delayed by the Agency, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the Agency. 7.4. The Contractor shall be responsible to the Agency for the acts and omissions of the Contractor's employees, subcontractors and their agents and employees, and other person performing any of the work under a contract with the Contractor. Article 8: Construction Defects and Warranties 8.1. Construction Defects. The Contractor shall furnish the Agency with all manufacturers' and suppliers' written guarantees and warranties covering the materials and equipment furnished pursuant to this Contract. The Contractor shall abide by the statutory warranties provisions. Page 42 of 137 8.2. The Agency shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer/Building Inspections Department. Article 9: ALency Compliance Inspections 9.1. Compliance Inspections. During the course of work, and before process of payment, the Agency shall make periodic inspections of the work to monitor work progress and completion of work in compliance with the contract. The Agency in no way warrants the structural soundness of any improvements, the quality of work or materials, or the fitness of the improvements for their intended use. The City's Building Officials shall inspect work, improvements, and materials for compliance, as necessary, with the recently adopted International Building Code. Article 10: Insurance 10.1. Insurance. The Contractor shall provide and maintain with responsible insurance companies licensed to do business in Iowa, in amounts appropriate to provide adequate coverage under this Contract, and naming the Agency as additional insured, liability insurance, builder's risk insurance, and worker's compensation insurance. Certificates of such insurance shall be provided to the Agency prior to the commencement of the work. Article 11: Contractual Disputes 11.1. Governing Authority. In accordance with federal regulations and OMB Circular A- 110, and 24 CFR Part 85, and related regulations, the Contractor, its subcontractors and the Agency agree to arbitration (binding or otherwise)in the event of a contractual dispute prior to any commencement of litigation under this Contract. 11.2. Definition. A claim is a demand or assertion by one of the parties seeking, as a matter of right, adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term "Claim" also includes other disputes and matters in question between the Agency and Contractor arising out of or relating to the Contract. Claims must be initiated by written notice. The responsibility to substantiate the Claims rest with the party making the Claim. 11.3. Time Limits on Claims. Claims by either party must be initiated within 21 days after occurrence of the event giving rise to such Claim or within 21 days after the claimant first Page 43 of 137 recognizes the condition giving rise to the Claim, whichever is later. Claims must be initiated by written notice to the Agency or its designee. 11.4. Continuing Contract Performance. Pending final resolution of a Claim except as otherwise agreed in writing, the Contractor shall proceed diligently with performance of the Contract and the Agency shall continue to make payments in accordance with the Contract Documents. 11.5. Claims for Additional Cost. If the Contractor wishes to make a claim for an increase in the Contract Sum, written notice as provided herein shall be given before proceeding to execute the Work. Prior Notice is not required for Claims relating to an emergency endangering life or property. 11.6 Types of Claims. Claims shall be filed in accordance with this Section if the Contractor believes additional cost is involved for reasons including but not limited to (1) a written interpretation from the Agency or its designee, (2) an order by the Agency to stop Work where the Contractor was not at fault, (3) a written order for a minor change in the Work issued by the Agency or its designee, (4) failure of payment by the Agency, (5) termination of the Contract by the Agency, (6) Agency's suspension or, (7) other reasonable grounds. 11.7 Claims Approval/Rejection Procedure. The Agency or its designee will approve or reject claims by written decision, which shall state the reasons therefore and which shall notify the parties of any change in the Contract Sum or Contract Time or both. The approval or rejection of a Claim by the Agency or its designee shall be final and binding on the parties but subject to mediation and arbitration. 11.8 Initiating Mediation. A demand for mediation/arbitration must be made within 30 days after the date on which the party making the demand receives the final written decision. The failure to demand mediation/arbitration within said 30 days period shall result in the Agency or its designee's decision becoming final and binding upon the Agency and Contractor. Claims are subject to mediation as a condition precedent to arbitration or the institution of legal or equitable proceedings by either party. The mediation shall be in accordance with the Construction Industry Mediation Rules of the American Arbitration Association. The request for mediation may be made concurrently with the demand for arbitration, but in such event mediation shall proceed in advance of arbitration or legal or equitable proceedings, which shall be stayed pending mediation for a period of 60 days from the date of filing, unless stayed for a longer period by agreement of the parties or court order. 11.9 Cost of Mediation. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in the place where the Project is located, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. Page 44 of 137 11.10. Arbitration. Any Claim arising out of or related to the Contract, except Claims relating to aesthetic effect, shall, after decision by the Agency or its designee or 30 days after submission of the Claim to the Agency or its designee, is subject to arbitration. Prior to arbitration the parties shall endeavor to resolve disputes by mediation in accordance with the provisions herein. 10.11. Demand for Arbitration. A demand for arbitration shall be made within 30 days after the date on which the party making the demand receives the final written decision. In no event shall the demand for arbitration be made after the date when institution of legal or equitable proceedings based on such Claim would be barred by the applicable statute of limitation. 11.12. Arbitration. Claims shall be made in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association currently in effect. The demand for arbitration shall be filed in writing with the other party to the Contract and with the American Arbitration Association, and a copy to the Agency or its designee. 11.13. Judgment and Final Award. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof Article 12: Payments/Disbursements The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the Owner/Agency need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. Before payment in full is tendered, the Contractor shall provide the Owner/Agency with appropriate lien waivers. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. No payment shall be made until the project has been completed by the Contractor and inspected for contract compliance by the Agency. All required full or partial mechanic's and lien waivers,releases or satisfactions or receipts for all labor, materials or equipment are attached to the draw request; and the Contractor is in full compliance with all of the Page 45 of 137 provisions of this Contract. No payment made under this Contract shall act as a waiver of the Contractor's obligation to fully perform and comply with all of the terms and conditions of this Contract. Payment in full will be made subject to satisfactory completion of all work under the Contract Documents. After the completion of said work, the Contractor agrees to remove any debris and clean up said building and grounds, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the building and grounds back in proper condition for use. 12.1 This contract is not divisible, but in the event of a conflict between this contract and various instruments incorporated by reference, this contract shall govern. 12.2 Before the Contractor shall be entitled to receive payment for work done under this contract, the Agency, or its representative shall conduct an inspection following completion. Article 13: Conflicts of Interest 13.1. Conflicts of Interest. No member of the governing body of the Agency, officer, employees, or agents of the Agency, public official, city employee, or Waterloo Housing Authority Board member of the City of Waterloo, Iowa shall participate in the award, administration, and/or enforcement of the terms and conditions of this Contract if a conflict of interest, real or apparent, would be involved. In addition, no public official, city employee, or Waterloo Housing Authority Board member of the City of Waterloo, Iowa, nor the Owner/Agency's officers, employees or agents will solicit or accept gratuities, favors or anything of monetary value from contractors or subcontractors. All of the aforementioned persons or entities shall also avoid any appearance of conflict or impropriety relating to the bid process, contract administration, and/or enforcement of the terms and conditions of the Contract. Article 14: Equal Employment, Civil Rights, and HUD Section 3 Requirements The Contractor and its subcontractors agree to 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). Page 46 of 137 Article 15: Record Keeping Access and Requirements The Contractor and its subcontractors agrees to grant access to the City of Waterloo, the Agency/Owner, the Dept. of Housing and Urban Development, the Comptroller General of the United States, or any of their duly authorized representatives access to any books, documents,papers, and records of the Contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. The Contractor and its subcontractors agree to maintain such books, documents, papers, and records for a minimum of three years from the date of the completion of the project. Article 16: Utilization of Out-of-State Contractors The provisions of Iowa Code Section xxxxx do not apply to this procurement, unless applicable Federal statutes expressly mandate or encourage geographic preference. Out of state contractors are bound to HUD Section 3 preferences and OMB Circular A-110 Affirmative Action requirements in the same manner as in-state contractors. Article 17: Governing Law This Contract and all its incorporated agreements are to be construed and enforced to and by the laws of the State of Iowa. IN WITNESS THEREOF, the parties have caused this Agreement to be executed as of the day and year first written above. FOR THE CONTRACTOR FOR THE AGENCY Signature Signature Quentin Hart,Mayor,City of Waterloo Name and Title Name and Title Date Date Signature Julie Dawson,Director, City of Waterloo Housing Authority Date Page 47 of 137 Attachment A: HUD-5370-EZ, General Contract Conditions for Small Construction/Development Contracts Attachment B: Davis-Bacon Wage Rate Schedule for Residential Construction in Black Hawk, Bremer, and Grundy counties in Iowa (General Decision Number: IA 201400, dated 8/14/15) - Common or General Laborer in Black Hawk County Page 48 of 137 NON-COLLUSION AFFIDAVIT OF PRIME BIDDER State of Iowa ) )ss County of Black Hawk ) Ken Samek being first duly sworn, deposes and says that: 1. He is Representative of Hawkeye Alarm & Signal Company the Bidder that has submitted the attached Bid; 2. He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid; 3. Such Bid is genuine and is not a collusive or sham Bid; 4. Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other Bidder, firm or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement or collusion or communication or conference with any other Bidder, firm or person to fix the price or prices in the attached Bid or of any other Bidder, or, to fix any overhead, profit or cost element of the bid price or the bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Waterloo, Iowa, or any person interested in the Proposed Contract; and S. The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant. (Signed) Title Subscribed and sworn to before me this day of , 200 Title My commission expires Page 49 of 137 Page 50 of 137 3/19/2018 https://www.wdol.gov/wdol/scafiles/davisbacon/]Al 33.dvb7v=1 General Decision Number: IA180133 01/12/2018 IA133 Superseded General Decision Number: IA20170133 State: Iowa Construction Type: Building County: Black Hawk County in Iowa. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories). Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.35 for calendar year 2018 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. If this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.35 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2018. The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a)(2)-(60). Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/05/2016 1 01/12/2018 BOIL0083-009 01/01/2017 Rates Fringes BOILERMAKER... . . . . . . . . . . . ... . . . ..$ 36.56 29.05 ---------------------------------------------------------------- BRIA0003-006 10/18/2016 Rates Fringes TILE SETTER. .. ........... . . . . . . . .$ 32.85 1.90 ---------------------------------------------------------------- BRIA0003-026 05/01/2016 BLACK HAWK, BREMER, BUCHANAN, BUTLER, GRUNDY, HARDIN, MARSHALL AND TAMA COUNTIES Rates Fringes BRICKLAYER.. .. .. .. . . ..... .. . ... . .$ 26.00 11.83 ---------------------------------------------------------------- ELECO288-002 06/01/2015 Rates Fringes ELECTRICIAN. .. . . . . . . . . . . .... . . . . .$ 28.06 5.5%+8.80 ---------------------------------------------------------------- ELEV0033-002 01/01/2018 Rates Fringes https://www.wdol.gov/wdol/scafiles/davisbacon/[Al33.dvb?v=1 Page 51 of 137;'i 3/19/2018 https://www.wdol.govtwdol/scathes/davisbacon/iAl 33.dvb?v=1 ELEVATOR MECHANIC. .. .... ... .. . ...$ 43.44 32.645+a+b FOOTNOTES: A. Employer contributes 8% of regular basic hourly rate as vacation pay credit for employees with more than 5 years of service, and 6% for employees with less than 5 years of service. B. PAID HOLIDAYS: New Year's Day; Memorial Day; Independence Day; Labor Day; Veteran's Day; Thanksgiving Day; Day after Thanksgiving; & Christmas Day. ---------------------------------------------------------------- ENGI0150-048 06/01/2016 Rates Fringes POWER EQUIPMENT OPERATOR Backhoe/Excavator/Trackhoe..$ 32.50 29.95 Bobcat/Skid Steer/Skid Loader. .. ....... .... ..... ...$ 28.80 29.95 Loader... ....... .... . .... ...$ 32.50 29.95 Paver- All Types. .... .... ...$ 32.50 29.95 Roller... ....... .... . .... ...$ 32.50 29.95 ---------------------------------------------------------------- IRON0089-002 08/01/2017 Rates Fringes IRONWORKER (Ornamental and Structural). .. . . .. .. ... .... .... . .$ 26.00 22.10 ---------------------------------------------------------------- IRON0111-002 07/01/2017 Rates Fringes IRONWORKER (Reinforcing).. .... . ..$ 31.20 24.44 ---------------------------------------------------------------- LAB00309-010 06/01/2016 Rates Fringes LABORER (Pipelayer).. .... . . . .. . ..$ 24.63 17.91 ---------------------------------------------------------------- PAIN0447-001 05/01/2017 Rates Fringes PAINTER (Brush and Roller). .. ....$ 23.45 9.70 ---------------------------------------------------------------- SFIA0669-002 04/01/2017 Rates Fringes SPRINKLER FITTER (Fire Sprinklers). .. ....... .... . .... ...$ 34.91 15.84 ---------------------------------------------------------------- SUTA2016-037 07/19/2016 Rates Fringes BRICKLAYER.. .. .. .. .. .... . . .. .....$ 24.90 9.60 CARPENTER... .. . . .. . . . ... . ... . .. ..$ 20.51 8.12 CEMENT MASON/CONCRETE FINISHER. . .$ 20.74 4.16 https://www.wdol.gov/wdol/scafiiles/davisbacon/IAI33.dvb?v=i Page 52 of 1317+5 3/19/2018 https.//www.wdol.gov/wdol/scafiles/davisbacon/lAl 33.dvb?v=1 INSULATOR: Mechanical (Duct, Pipe and Mechanical System Insulation). . . . . . . . . . . . . . . . ... . . .$ 23.28 8.91 LABORER: Common or General... . . .$ 14.68 2.51 LABORER: Mason Tender - Brick. ..$ 19.39 8.17 OPERATOR: Bulldozer. . .. ...... . . .$ 26.13 13.56 OPERATOR: Crane. . . .. ........ . . ..$ 24.15 8.10 OPERATOR: Forklift. . ....... . . . ..$ 22.96 7.49 PAINTER: Spray. . . . . . ....... . . . ..$ 19.76 9.05 PIPEFITTER, Includes HVAC Pipe Installation. .. . ....... . . . ..$ 20.95 9.00 PLUMBER. . . ........ .. . ....... . .. . .$ 25.05 8.97 ROOFER...... ........ .. ..... . . . . ..$ 21.92 5.07 SHEET METAL WORKER, Includes HVAC Duct and Unit Installation. . . . . ..... .. ... . . . . . .$ 22.95 9.66 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the E0, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii)). ---------------------------------------------------------------- The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of "identifiers" that indicate whether the particular rate is a union rate (current union negotiated rate for local), a survey rate (weighted average rate) or a union average rate (weighted union average rate). https:/lwww.wdol.gov/wdol/scafileslday.sbaconliAl33.dvb?v=1 Page 53 of 137 3/19/2018 hUps://www.wdol.gov/wdol/scariiles/davisbacon/lAl33.dvb?v=1 Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than "SU" or "UAVG" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the "SU" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 100% of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. ---------------------------------------------------------------- WAG£ DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination hitps://www.wdol.gov/Wdol/scaflies/davisbacon/IAI Page 54 of 13T., 3119/2018 https://www.wdol.gov/wdol/scafiiles/davisbaconliAl33.dvb?v=i * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7). Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board). Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION https:l/www.wdol.gov/wdoVscafiles/davisbacon/lAl33.dvb?v=1 Page 55 of 137:,, General Conditions for Non-Construction U.S. Department of Housing and Urban Development Contracts Office of Public and Indian Mousing Section II — (With Maintenance Work) Office of Labor Relations OMB Approval No.2577-0157(exp. 1/3112017) Public Reporting Burden for this collection of information is estimated to average 0.08 hours per response,including the time for reviewing instructions, searching existing data sources,gathering and maintaining the data needed, and completing and reviewing the collection of information.Send comments regarding this burden estimate or any other aspect of this collection of information,including suggestions for reducing this burden,to the Reports Management Officer,Office of Information Policies and Systems, U.S.Department of Housing and Urban Development,Washington,D.0 20410-3600;and to the Office of Management and Budget,Paperwork Reduction Project(2577-0157),Washington,D.C.20503. Do not send this completed form to either of these addressees. Applicability.This form HUD-5370C has 2 Sections.These in the classification under this Contract from the first Sections must be inserted into non-construction contracts as day on which work is performed in the classification. described below: 2. Withholding of funds 1) Non-construction contracts(without maintenance)greater The Contracting Officer,upon his/her own action or upon than$1 -use Section i; request of HUD,shall withhold or cause to be withheld from the 2}Maintenanncece contracts{including nonroutine maintenance Contractor under this Contract or any other contract subject to more than$1000,000-use as defined at CFR greater than$2,000 but not HUD-determined wage rales,with the same prime Contractor se SSectection II;and 3}Maintenance contracts(including nonroutine maintenance), so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics employed greater than$100,000—use Sections I and II. by the Contractor or any subcontractor the full amount of wages required by this clause. In the event of failure to pay any laborer Section 11--Labor Standard Provisions for all Maintenance or mechanic employed under this Contract all or part of the Contracts greater than$2,000 wages required under this Contract,the Contracting Officer or HUD may,after written notice to the Contractor, take such action 1. Minimum Wages as may be necessary to cause the suspension of any further (a)All maintenance laborers and mechanics employed under payment or advance until such violations have ceased.The this Contract in the operation of the project(s)shall be paid Public Housing Agency or HUD may,after written notice to the unconditionally and not less often than semi-monthly, and Contractor, disburse such amounts withheld for and on account without subsequent deduction(except as otherwise of the Contractor or subcontractor to the respective employees provided by law or regulations),the full amount of wages to whom they are due. due at time of payment computed at rales not less than those contained in the wage determination of the Secretary 3. Records of Housing and Urban Development which is attached hereto and made a part hereof. Such laborers and (a)The Contractor and each subcontractor shall make and mechanics shall be paid the appropriate wage rate on the maintain for three(3)years from the completion of the work wage determination for the classification of work actually records containing the following for each laborer and performed,without regard to skill. Laborers or mechanics mechania performing work in more than one classification may be (i) Name,address and Social Security Number, compensated at the rate specified for each classification for (ii) Correct work classification or classifications; the time actually worked therein;provided,that the (iii) Hourly rate or rates of monetary wages paid; employer's payroll records accurately set forth the time (iv) Rate or rates of any fringe benefits provided; spent in each classification in which work is performed.The (v) Number of daily and weekly hours worked; wage determination,including any additional classifications (vi) Gross wages eamed; and wage rates approved by HUD under subparagraph (vii) Any deductions made;and 1(b),shall be posted at all times by the Contractor and its (viii)Actual wages paid. subcontractors at the site of the work in a prominent and (b)The Contractor and each subcontractor shall make the accessible place where it can be easily records required under paragraph 3(a)available for seen by the workers. inspection,copying,or transcription by authorized (b) (i)Any class of laborers or mechanics which is not listed in representatives of HUD or the HA and shall permit such the wage determination and which is to be employed under representatives to interview employees during working the Contract shall be classified in conformance with the hours on the job. If the Contractor or any subcontractor wage determination. HUD shall approve an additional fails to make the required records available, HUD or its classification and wage rate only when the following criteria designee may, after written notice to the Contractor,take have been met such action as may be necessary to cause the suspension (1)The work to be performed by the classification of any further payment,advance or guarantee of funds required is not performed by a classification in the 4. Apprentices and Trainees wage determination; (2)The classification is utilized in the area by the industry;and (a)Apprentices and trainees will be permitted to work at less (3}The proposed wage rate bears a reasonable than the predetermined rate for the work they perform relationship to the wage rates contained in the when they are employed pursuant to and individually wage determination. registered in: 01 The wage rate determined pursuant to this {i) A bona fide apprenticeship program registered paragraph shall be paid to all workers performing work with the U.S. Department of Labor, Employment and Training Administration (ETA), Office of Section II-Page 1 of 3 form HUD-5370-C(1/2014) Page 56 of 137 Apprenticeship Training, Employer and Labor forth those findings that are in dispute and the Services(OATELS),or with a state apprenticeship reasons, including any affirmative defenses,with agency recognized by OATELS,or if a person is respect to the violations,The request shall be employed in his/her first 90 days of probationary directed to the appropriate HA or HUD official in employment as an apprentice in such an accordance with instructions contained in the apprenticeship program,who is not individually notice of findings or, if the notice does not specify registered in the program, but who has been to whom a request should be made,to the certified by OATELS or a state apprenticeship Regional Labor Relations Officer(HUD).The HA agency(where appropriate)to be eligible for or HUD official shall,within 60 days(unless probationary employment as an apprentice;A otherwise indicated in the notice of findings)after 0 trainee program which has received prior approval, receipt of a timely request for reconsideration, evidenced by formal certification by the issue a written decision on the findings of violation U.S. Department of tabor, ETA;or The written decision on reconsideration shall n A training/trainee program that has received prior contain instructions that any appeal of the decision approval by HUD. shall be addressed to the Regional Labor (b)Each apprentice or trainee must be paid at not less than Relations Officer by letter postmarked within 30 the rate specified in the registered or approved program for calendar days after the date of the decision. In the the apprentice's/trainee's level of progress,expressed as a event that the Regional Labor Relations Officer percentage of the journeyman hourly rate specified in the was the deciding official on reconsideration,the applicable wage determination.Apprentices and trainees appeal shall be directed to the Director, Office of shall be paid fringe benefits in accordance with the Labor Relations(HUD). Any appeal must set forth provisions of the registered or approved program. If the the aspects of the decision that are in dispute and program does not specify fringe benefits, the reasons, including any affirmative defenses, apprentices/trainees must be paid the full amount of fringe with respect to the violations.The Regional Labor benefits listed on the wage determination for the applicable Co} Relations Officer shall,within 60 days(unless classification. otherwise indicated in the decision on (c) The allowable ratio of apprentices or trainees to reconsideration)after receipt of a timely appeal, journeyman on the job site in any craft classification shall issue a written decision on the findings.A decision not be greater than the ratio permitted to the employer as of the Regional Labor Relations Officer may be to the entire work force under the approved program. appealed to the Director, Office of Labor Relations, (d)Any worker employed at an apprentice or trainee wage rate by letter postmarked within 30 days of the who is not registered in an approved program,and any Regional Labor Relations Officer's decision.Any apprentice or trainee performing work on the job site in appeal to the Director must set forth the aspects of excess of the ratio permitted under the approved program, the prior decision(s)that are in dispute and the shall be paid not less than the applicable wage rate on the reasons.The decision of the Director,Office of wage determination for the classification of work actually Labor Relations, shall be per . final. (e)In the event OATELS, a state apprenticeship agency (b) Disputes arising out of the labor standards provisions of recognized by OATELS or ETA, or HUD,withdraws paragraph 6 shall not be subject to paragraph 5(a)of this approval of an apprenticeship or trainee program, the form HUD-5370C. Such disputes shall be resolved in employer will no longer be permitted to utilize accordance with the procedures of the U.S. Department of apprentices/trainees at less than the applicable Labor set forth in 29 CFR Parts 5, 6 and 7. Disputes within predetermined rate for the work performed until an the meaning of this paragraph 5(b)include disputes acceptable program is approved. between the Contractor(or any of its subcontractors)and the HA, HUD,the U.S. Department of Labor, or the 5. Disputes concerning labor standards employees or their representatives. (a) Disputes arising out of the labor standards provisions S. Contract Work Hours and Safety Standards Act contained in Section 11 of this form HUD-5370-C,other than those in Paragraph 6, shall be subject to the following The provisions of this paragraph 6 are applicable only where the procedures. Disputes within the meaning of this paragraph amount of the prime contract exceeds$100,000.As used in this include disputes between the Contractor(or any of its paragraph, the terms"laborers"and"mechanics"includes subcontractors)and the HA,or HUD,or the employees or watchmen and guards. their representatives, concerning payment of prevailing (a)Overtime requirements.No Contractor or subcontractor wage rates or proper classification.The procedures in this contracting for any part of the Contract work which may section may be initiated upon HUD's own motion,upon require or involve the employment of laborers or mechanics referral of the HA,or upon request of the Contractor or shall require or permit any such laborer or mechanic in any subcontractor(s). workweek in which he or she is employed on such work to 01 A Contractor and/or subcontractor or other work in excess of 40 hours in such workweek unless such interested party desiring reconsideration of laborer or mechanic receives compensation at a rate not findings of violation by the HA or HUD relating to less than one and one-half times the basic rate of pay for all the payment of straight-time prevailing wages or hours worked in excess of classification of work shall request such 40 hours in such workweek. reconsideration by letter postmarked within 30 (b)Violation; liability for unpaid wages; liquidated calendar days of the dale of notice of findings damages. In the event of any violation of the provisions issued by the HA or HUD.The request shall set set forth in paragraph 6(a),the Contractor and any Section II-Page 2 of 3 form HUD-5370-C(1/2014) Page 57 of 137 subcontractor responsible therefor shall be liable for the unpaid wages. In addition,such Contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to the District or to such temtory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards. employed in violation of the provisions set forth in paragraph(a)of this clause, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of 40 hours without payment of the overtime wages required by provisions set forth in paragraph(a)of this clause (c)Withholding for unpaid wages and liquidated damages. HUD or its designee shall upon its own action or upon written request of an authorized representative of the U S Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or subcontractor under any such Contract or any federal contract with the same prime Contractor,or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the provisions set forth in paragraph(b) of this clause. 7. Subcontracts The Contractor or subcontractor shall insert in any subcontracts all the provisions contained in this Section II and also a clause requiring the subcontractors to include these provisions in any lower tier subcontracts.The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all the provisions contained in these clauses. B. Non-Federal Prevailing Wage Rates Any prevailing wage rate(including basic hourly rate and any fringe benefits), determined under state law to be prevailing, with respect to any employee in any trade or position employed under the Contract, is inapplicable to the contract and shall not be enforced against the Contractor or any subcontractor,with respect to employees engaged under the contract whenever such non-Federal prevailing wage rate, exclusive of any fringe benefits, exceeds the applicable wage rate determined by the Secretary of HUD to be prevailing in the locality with respect to such trade or position. 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CD m O w m am L Page 60 of 137 CITY OF WATERLOO Council Communication Resolution to approve moving the 4th regular session, 4th meeting in April to April 30, 2018 and cancelling the regular session meeting on April 23, 2018. City Council Meeting: 3/26/2018 Prepared: 3/21/2018 REVIEWERS: Department Reviewer Action Date Clerk Office Even, LeAnn Approved 3/21/2018 - 4:25 PM SUBJECT: Resolution to approve moving the 4th regular session, 4th meeting in April to April 30, 2018 and cancelling the regular session meeting on April 23, 2018. Submitted by: Submitted By: Mayor Quentin Hart Recommended Action: Approve moving council meeting to April 30, 2018. Page 61 of 137 CITY OF WATERLOO Council Communication Motion to approve Exception to Burning Yard Waste Application by Dennis Clark to burn native prairie grasses, marsh habitats and small shrubs and trees, on approximately 1 acre located at 2204 Ashland Avenue, during March to mid-May and again in September to November. City Council Meeting: 3/26/2018 Prepared: 3/22/2018 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 3/22/2018 - 11:16 AM Motion to approve Exception to Burning Yard Waste Application by Dennis SUBJECT: Clark to burn native prairie grasses, marsh habitats and small shrubs and trees, on approximately 1 acre located at 2204 Ashland Avenue, during March to mid-May and again in September to November. Submitted by: Submitted By: Pat Treloar. Chief of Fire Services Page 62 of 137 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 3/26/2018 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 3/21/2018 - 10:14 AM ATTACHMENTS: Description Type D Bonds for council approval 3.26.18 Backup Material SUBJECT: Bonds Page 63 of 137 BONDS FOR COUNCIL APPROVAL MARCH 26, 2018 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA 566225 B & B BUILDERS &SUPPLY WATERLOO, IA 2255027 BAKER ENTERPRISES, INC. dba BAKER CONCRETE & EXCAVATING WAVERLY, IA 7900452170 BENTON SAND & GRAVEL, INC. CEDAR FALLS, IA IA 601517 BRADLEY COLVIN WATERLOO, IA IA 537158 CEDAR VALLEY CORP, LLC WATERLOO, IA RSS0076801 FRICKSON BROTHERS EXCAVATING EVANSDALE, IA 55-207658 KOELKER EXCAVATING INC. MARION, IA 95 00 2526 8 LUBBERT'S MASONRY, INC. WATERLOO, IA SY81320 MATT NOLT ORCHARD, IA 95 CC 8149 2 STEVE MILLER CONSTRUCTION LLC CEDAR FALLS, IA 7900452199 TOM GIBERSON dba TOTAL MASONRY CEDAR FALLS, IA 55-212303 TRUEG CUSTOM CONCRETE LLC JESUP, IA 2130539 VIETH CONSTRUCTION CORPORATION CEDAR FALLS, IA IA 571754 WATCO CONSTRUCTION INC. WATERLOO, IA Page 64 of 137 CITY OF WATERLOO Council Communication Request by Hope M. Anderson to rezone a total of 129.16 acres from"A-1"Agricultural District to "R-1" One and Two Family Residence District for the development of a 210 lot subdivision located next to 5805 Kimball Avenue, between Kimball Avenue and Highway 21, and north of E. Orange Road. City Council Meeting: 3/26/2018 Prepared: 3/21/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 3/21/2018 - 10:15 AM Clerk Office Even, LeAnn Approved 3/21/2018 - 12:07 PM ATTACHMENTS: Description Type D Rezone A-I to R-I Cover Memo D Waterworks Memo Cover Memo Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No Comments on file. Motion to close public hearing and receive and file oral and written comments and recommendation of approval of the Planning; Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an ordinance SUBJECT: amending Ordinance No. 5079, as amended. City of Waterloo Zoning Ordinance, by amending the official Zoning Map referred to in Section 10-4- 4, approving to rezone a total of 129.16 acres from"A-1"Agricultural District to "R-1" One and Two Family Residence District for the development of a 210 lot subdivision next to 5805 Kimball Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted by: Submitted By:Noel Anderson, Community Planning& Development Director Recommended Action: Approval Transmitted herewith is a request to set the date of public hearing as March 26, 2018, to approve a request by Hope M. Anderson to rezone approximately 129.16 acres from"A-1"Agricultural District to "R-1" One and Two Family Residence District, located next to 5805 Kimball Avenue between Kimball Avenue and Highway 21, and north of E Orange Road. The request for the rezone would not appear to have a negative impact upon Summary Statement: the surrounding area. It would appear that the proposed residential uses would blend in well with the surrounding neighborhood which consists of Page 65 of 137 single family homes, vacant land, and Orange Elementary School. Staff recommended approval of the request submit to a condition that a traffic study will be required for the area prior to the submittal of a final plat. At their March 6, 2018 meeting, the Planning and Zoning Commission unanimously recommended approval of the rezoning request, subject to the condition that a traffic study be submitted prior to submittal of a final plat. Expenditure Required: None Source of Funds: N/A Goal 1: Support the creation of new, livable wage jobs though a balanced Policy Issue: economic development approach of assisting existing businesses, foster start-ups, attracting new employs and cultivating an adequate workforce. Alternative: N/A Legal Descriptions: See Attached Page 66 of 137 March 6,2018 REQUEST: Request by Hope M. Anderson to rezone a total of 129.16 acres from "A-1"Agricultural District to "R-1" One and Two Family Residence District for the development of a 210 lot subdivision. The proposed rezone area is located next to 5805 Kimball Avenue, between Kimball Avenue and Highway 21, and north of E. Orange Road. APPLICANT: Hope M. Anderson, 100 Anderson Drive, Waterloo, IA 50701 GENERAL The applicant is requesting to rezone the 129.16 acre property in DESCRIPTION: question for the purpose of creating a 210 lot subdivision with 3 land tracts known as the Paradise Estates Addition. IMPACT ON The request for the rezone would not appear to have a negative NEIGHBORHOOD & impact upon the surrounding area. It would appear that the SURROUNDING proposed residential use would blend in well with the surrounding LAND USE: neighborhood which consists of single family homes, vacant land, and Orange Elementary School. VEHICULAR & The proposed rezone area would appear to have some impact on PEDESTRIAN the surrounding pedestrian and traffic conditions in the area. TRAFFIC Mohammad Elahi with the City of Waterloo Traffic Operations CONDITIONS: indicated the need for a traffic study for the proposed rezone area. The proposed development would be served by Kimball Avenue which consists of (6.5" (PCC) Portland Cement Concrete on a 6" granular base with a 4.5" (ACC)Asphalt Cement Concrete overlay for a total of 11" of pavement) and E. Orange Road which contains (9" ACC on an asphalt treated base with 3"ACC overlay for a total of 12" pavement) which are classified as Collector Streets which means they were designed and constructed for higher volumes of traffic, and Highway 21, which is classified as a Minor Arterial. Kimball Avenue has an average annual daily traffic count of 1,730 vehicles and E Orange Road has an average annual daily traffic count of 630 vehicles. The development shall also be served by local roads which include Lichty Boulevard, Paradise Boulevard, Moonlight Ridge, Road A, Road B, Road C, Road D, Road E, and Road F. The proposed rezone area will consist of sidewalks throughout the development and there has been a discussion regarding having a pedestrian access that connects the proposed development to Orange Elementary School. RELATIONSHIP TO The Shaulis Road trail is approximately 2,500 feet to the north of RECREATIONAL the proposed rezone area and will not be connected to the TRAIL PLAN AND proposed rezone area at this time. The proposed development will COMPLETE STREETS be connected by sidewalks. POLICY: ZONING HISTORY The proposed rezone area has been zoned "A-1"Agricultural FOR SITE AND District since the adoption of the Zoning Ordinance in 1969. IMMEDIATE VICINITY: Surrounding land uses and their zoning designations are as follows: Next to 5805 Kimball Avenue—A-1 to R-1 P;EFgLF67f 6f 137 2 March 6,2018 North — Vacant land, zoned "A-1 Agricultural District. South — Vacant land, zoned "A-1 Agricultural District. East — Vacant land, zoned "A-1"Agricultural District. West — Single family homes and Orange Elementary School, zoned "R-1" One and Two Family Residence District. DEVELOPMENT The surrounding area consists predominantly of vacant land and HISTORY: single family homes, with a few homes being built along A-B Avenue. BUFFERS/ No buffers are required for the rezone area. SCREENING REQUIRED: DRAINAGE: The rezone request would appear to have some impact on drainage in the area, especially considering approximately 6 lots and 3 tracts that are partially in the 100-year floodplain for the 129.16 acre development. However, a draft of the preliminary plat for the Paradise Estates Addition does denote three storm water detention areas with a tract on the southwest side, a tract on the northeast side, and a tract on the southeast side of the proposed development. In addition 15' and 20' storm water drainage easements are identified in the rear and side yards for various lots. The area would likely be able to be removed from floodplain status after the area is graded. The applicant has indicated that they will work with the Iowa Department of Natural Resources to ensure the Special Flood Hazard Area does not contain any floodway. FLOODPLAIN: Approximately 97% of the rezone area in question is not located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map Community Number 19013C and Panel Number 0311 F dated July 18, 2011. However, portions of tracts and lots are located in the 100-year floodplain, as part of a Zone A unstudied stream. PUBLIC /OPEN Orange Elementary is directly adjacent to the proposed rezone SPACES/ SCHOOLS: area. The area is also served by Hover Middle School and West High School. Lichty Park is also located approximately 1,300 feet to the west of the proposed subdivision. There also has been a discussion regarding having a pedestrian connection between the school and the proposed development. UTILITIES: WATER, There is an existing 8" sanitary sewer main, 12" water main, and a SANITARY SEWER, 15" storm sewer located underneath Kimball Avenue. In addition STORM SEWER, ETC: there is an existing 10" sanitary sewer main, 6" drain tile, and a 12" inch water main underneath E. Orange Road. A 15" sewer main that transitions to an 8" sewer line crosses HWY 21 to serve the development. Matt Mahler with Waterworks indicated that there is enough water capacity to serve the rezone area, but adequate water pressure may be an issue in some areas. The developer's engineer has suggested placing in-home booster pumps for Next to 5805 Kimball Avenue—A-1 to R-1 Pc1dw88f bf 137 3 March 6,2018 properties that lack adequate water pressure. There were concerns regarding the 10" sanitary sewer in E. Orange Street about it being too shallow to service the area. So, options will have to be analyzed to determine the best way to serve the southern portion of the development. RELATIONSHIP TO The Future Land Use Map designates the majority of the rezone COMPREHENSIVE area as Low Density Residential and Agricultural Residential LAND USE PLAN: Potential. Along Highway 21 is Mixed Residential: Low, Medium, High Density Residential, Professional Offices, and Compatible Commercial. STAFF ANALYSIS — The applicant is requesting to rezone a total of 129.16 acres from ZONING "A-1"Agricultural District to "R-1" One and Two Family Residence ORDINANCE: District as part of a 210 lot subdivision. Lot sizes will range from 12,632 SF to 56,628 SF in size. The rezone area is also adjacent to Orange Elementary School which will give parents the option of walking or biking their children to school. The area is also adequately served transportation wise by Highway 21, Kimball Avenue, and E. Orange Road. The proposed development will also meet the setback and lot size requirements for the R-1 district. The applicant at a previous Planning and Zoning Commission meeting on February 6, 2018, requested to rezone a total of 129.16 acres including 105.33 acres from "A-1"Agricultural District to "R-1" One and Two Family Residence District (Tract B), 10.85 acres from "A-1"Agricultural District to "R-3" Multiple Residence District Tract D), 3.51 acres from "A-1"Agricultural District to "R-4" Multiple Residence District (Tract A), and 9.47 acres from "A-1"Agricultural District to "C-1" Neighborhood Commercial District (Tract C). It was moved by Hall, seconded by Flynn to recommend that Tracts A, C, and D be rezoned to "R-1,C-Z" and Tract B rezoned to "R-1". Motion carried unanimously. In order to better address concerns raised by neighbors. The applicant is now requesting to rezone the entire 129.16 acres from "A-1"Agricultural District to "R-1" One and Two Family Residence District with no "C-Z" conditional zoning or other zoning classifications being requested at this time. At the meeting neighbors had concerns regarding increased traffic, water pressure, drainage, impacts to the character of the Orange Township neighborhood, urban sprawl, protecting existing agricultural ground, housing covenants, land uses other than R-1, home prices, etc. The applicant will be meeting with the neighborhood prior to the Planning and Zoning meeting on March 6, 2018. STAFF ANALYSIS — The applicant will be submitting a subdivision plat for Paradise SUBDIVISION Estates Addition that coincides with this rezoning request, but will ORDINANCE: be submitted to the Planning and Zoning Commission at a future date. Next to 5805 Kimball Avenue—A-1 to R-1 Pc1gLWhf bf 137 4 March 6,2018 TECHNICAL REVIEW Lori Glover with Black Hawk County Office of Emergency COMMITTEE Management questioned whether Orange Elementary had enough student capacity for the proposed rezone area/210 lot and 3 tracts development. The Waterloo School District indicated the Orange Elementary has adequate student capacity to address existing students and the new development. Mohammad Elahi with the City of Waterloo Traffic Operations indicated the need for a traffic study for the proposed rezone area. Staff has indicated in the conditions section that a traffic study will need to be performed prior to the submittal of the final plat. Hyberger noted a neighbor did have concerns regarding average lot size. Bowers indicated lot sizes are based on marketing and current infrastructure prices. The engineering department had concerns regarding only having one through road to the north and would like to see one more of the proposed cul-de-sacs pushed through to create an additional exit. STAFF Therefore, staff recommends that the request to rezone a total of RECOMMENDATION: 129.15 acres from "A-1"Agricultural District to "R-1" One and Two Family Residence District be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request does not appear to have an impact pedestrian and traffic conditions within the surrounding area. And subject to the following conditions: 1. A traffic study will be required for the proposed rezone area prior to the submittal of the final plat. Next to 5805 Kimball Avenue—A-1 to R-1 P Ergw hf bf 137 City bf Waterloo Planning, Programming and Zoning Commission March 6, 2018 B-P W. SHAULIS RD E. SHA ULIS RD j Q A-1 w °z Y � � FF2 Z rs..sMsess FFR--1 SIDEHILL DR LICHTYBLVD FW. ORA GE RDE. ORANGE RD i7 R-4, pR L_jR-P N° sc Orange School Location BLAINE RD s ssssaus+aaaiasus.+ssaasas�.a:.ss.>rsssssrssssaaa N E of 5805 Kimball Avenue w E Rezone A-1 to R-1 s Hope M. Anderson .................. 800 400 0 Boa . . Feet Page �1 of 137 City�)f Waterloo Planning, Programming and Zoning Commission March 6, 2018 ° !' t;. =71 Proposed Rezone Area M > f'k; a Y N i n.Y. c Iola hi Drive �) no / Q / _ Lichty Boulevard E Orange Road n ,n i N E of 5805 Kimball Avenue w E Rezone A-1 to R-1 s Hope M Anderson .................. 753 375 3 751 Page f2 of 137 Feet City7of Waterloo Planning, Programming and Zoning Commission March 6, 2oi8 v v v v vYv v : v v v v v v v Y v v v v v v v vYvYv v Y v Y v Current Zoning Map vYv vvvv vvvvvvvY vvvvvvvvv V v v vvvvvvvvvvv - ., . vvvv . v v v v v vYv v vY+'A+Yv - v v v v v v v v v V . v v v v v v v v •. _ v L 4 - v v v v ., v v v v v v v v v _ v v - .v Y Y Y Y Y - v v. v. .v v ..+ v .: .. ,. _ v .� .: v v .v v v v v .. ..v., v .v v r. v v v v v v v T V V V V VYYYV V Proposed Rezone Area Y.. v v v v v v v v v „ - „ v v v . v v v v v _ • �, _ v v Y`%�`.Y v - 4 v v v v v v v v v v v . v v v v Y r+ N Y v Y Y v Y v . _ _ _ _ _ %%%- _ v _ v v v v v v v v v v v v v c Side ill Drive Y Y v v v v v v v v v % Q vYv Y..Yv v vY..Yv v v v mv v v v v v v v v v v v 06 v Y Y v v.Y v Y v %%-"%%%% v Yv Yv Yv Y Q _Licht Boulevard v v v v v v v v vYv vYv Y v v R-1 Y E;Orange;Road Y v v v v v v v v v v v v v v . v v v v v .. v v v v v v v Y v v v v v . . v v v v v v v v v v v v v v v v v. _ v v v L v v - v v . v v - - VY --- k � - - . v v v v v v v v • • v v - - 4 v v v v v Y _ v v v v v v YV V !v Y V V. .�•V v Y..Y v•f vYv v Y v Y v Y v ' Y v V v .. _ _ _ _ _ _ _ _ d v v v v v v - �• v v � v v v v v v v N E of 58o5 Kimball Avenue W E Rezone A-1 to R-1- Hope -iHope M Anderson .................. 755 375 0 75F Page �3 of 137 Feet City$f Waterloo Planning, Programming and Zoning Commission March 6, 2018 71 t:. Proposed Rezone Area _ a i 4t n.Y. s.' c Sidehill Drive �) Q �Lichty Boulevard" i E Orange Road r. N E of 5805 Kimball Avenue w E Floodplain Map, Rezone A-1 to R-1 s Hope M Anderson .................. 753 375 3 750 Feet L Page f4 of 137 9 FEHRGRAIIIII-11111,'�M ENGINEERING&ENVIRONMENTAL February 13, 2018 City of Waterloo Planning and Zoning Aric Schroeder, City Planner 715 Mulberry Street Waterloo, IA 50703 RE: Paradise Estates Addition Rezoning Kimball Ave. and Orange Rd. Waterloo, Iowa Dear Mr. Schroeder, On Behalf of Hope M. Anderson, we hereby request to revise the rezoning for the entire Paradise Estates site to R-1. It is our understanding that due to the nature of this request being a lower classification of zoning than that in the recommendation of the Planning Commission, that this request may go back through the Planning Commission under the previously filed Rezoning Application and fee. Please indicate if any of the above information was misunderstood. Sincerely, Alexander J. Bower Associate Engineering Technician 0:\Fred Rose, LLC\17-511 Hope Anderson Subdivision\Rezoning\17-511 Rezoning_RevisiontoPZ_2018_0213.docx 2005 th Avenue SE I Suite 100 1 Cedar Rapids, IA 52401 1 p:319.294.6909 I f:319.294.5133 I www.fehr-graham.com Insight. Experience. Results. Page Of 137 10 I uN T sL lrlg IF �rb N 89'0214"F 2646.46' I I E W , I I LP THE o ^ a ALP°�1EF O Is \ i to \ \ 2 I I P➢E�WLLNu�W/wASNEF / �\T / � I � I I I - I � � I h N 13 - h I I I , � I , I , I I S 89,13,0"W 890.16' I � I PPRGE`6 rff _ � I 3 IQ r�pjp10, = E \ I J TPACN^ m S 69 '0723'W 1326.54' p o Q oo Of _ N _ I I Of Y WE R1 ONE AND TWO FAMILY RESIDENCE I Lil I 3 I I a P1. 200' 100' 0 200' I GRAPHIC SCALE IN FEET o = SCALE: 1"-200' 2 , , I M � I w N 89'12'08'F 889.98' ]t T o II N I u , I { R S 89'1230"W 1J28.67' — — — — — — — — — — — -I - E.ORFNOE�26AD �P LONNER SEG 3-BS-I] N.NAL TrEG N uNP1A' °/� I �� PE I I SE ]31SFN/FIJW SNE=Zv ,PI]W II I I FEHR GR/''• ILLINOIS N1 REVISION DESCRIPTION DATE PROJECT DRAWING: OB NUMBER ,n' REZONE To A R-1 2/u/1e REZONING EXHIBIT REZONING 7-511 IOWA FOR ENGINEERING&ENVIRONMENTAL PARADISE ESTATES ADDITION sHEET NUMBER: ®2017 FEHR GRAHAM WISCONSIN TO THE CIN OF WATERLOO,BLACK HAWK COUNTY,IOWA SET TYPE: PRELIM RO.1 PLOT DATE:2/13/18 G:C3G 17\17-511 IJ-511 R... parcNs R..d ,RG.1 Page1�6 of 137 I 11 Legal Description of Property to be Rezoned: The North half of the Southwest Quarter and the Southwest Quarter of the Southwest Quarter in Section 15, Township 88 North, Range 13 West of the 5th P.M., except the following Parcels: That parcel conveyed to Black Hawk County, Iowa for road purposes in 109 LD 313; That parcel conveyed to the State of Iowa in 415 Deeds 71; That parcel conveyed to the City of Waterloo in 550 LD 516; Parcel A in the Southwest Quarter of Section 15, Township 88 North, Range 13 West, in file 2012-1682; and Parcel B in the Southwest Quarter of Section 15, Township 88 North, Range 13 West, in file 2017-12437 AND The South 40 Acres of the Northwest Quarter in Section 15, Township 88 North, Range 13 West of the 51h P.M., Black Hawk County, Iowa, except the West 65 feet thereof; and further except that part conveyed to the State of Iowa in 415 Deeds 71. Said property being generally described as follows: Beginning at the West Quarter Corner of Section 15, Township 88 North, Range 13 West of the 5t" P.M., City of Waterloo, Black Hawk County, Iowa; thence bearing N 00009'12" W a distance of 661.76 feet; thence bearing N 89°02'14" E a distance of 2646.48 feet; thence bearing S 00121'06" E a distance of 661.76 feet; thence bearing S 00121'15" E a distance of 1329.81 feet; thence bearing S 89°07'23" W a distance of 1326.54 feet; thence bearing S 00°15'35" E a distance of 1327.89 feet; thence bearing S 89°12'30"W a distance of 1328.67 feet; thence bearing N 00°09'59" W a distance of 624.98 feet; thence bearing N 89012'08" E a distance of 889.98 feet; thence bearing N 001109'24" W a distance of 1100.06 feet; thence bearing S 89013'08" W a distance of 890.16 feet; thence bearing N 00110'00" W a distance of 926.57 feet to the point of beginning. Described area contains 129.16 acres and excludes existing right of way. f r Page 1 of 1 l Page1717 of 137 12 WATERLOO WA MEMO Matthew L. Mahler, P.E. General Manager WATERLOO WATER WORKS Box 27, Waterloo, IA 50704 (319)232-6280 matt.m ah ler@waterloo-ia.org January 30, 2018 To City of Waterloo Planning and Zoning Department: This memo is regarding the proposed Paradise Estates Addition residential subdivision proposed to be constructed adjacent to Orange Elementary School between Kimball Avenue and Hawkeye Road. The Waterloo Water Works currently operates its water system within the City of Waterloo as a single pressure zone. This results in a system that is simple to operate, energy efficient, cost effective and provides reliable water service to customers throughout the City. However, the highest elevation areas of the City can, and do, experience aesthetically low water pressure under normal operating conditions. The proposed development is located at one of the highest elevations in our water system. We have pressure and flow tested existing fire hydrants in the area of the proposed development, results are below. For reference, the average operating pressure of our water system is approximately 80 psi. Location Static Flow Result Flow Pressure Kimball Ave. and Sidehill Dr. 42 psi 2,294 gpm 32 psi Kimball Ave. and E. Orange Rd. 58 psi 2,319 gpm 44 psi The hydrant at Kimball Avenue and Sidehill Drive is in the middle of the development's north-south length. The hydrant at Kimball Avenue and East Orange Road is on the southerly end of the development. These results verify that there should not be a concern about flows within the development from a fire supply perspective, and that pressures are high enough to maintain positive pressures above current regulatory health and safety requirements. However, a sustained static pressure of 40 psi to 50 psi is relatively low for aesthetic purposes. Particularly considering that this development will likely have many properties with irrigation. Page'-?8 of 137 13 There are multiple large diameter water supply mains to this development, so these low pressures are not water delivery issues, but are caused solely by the elevation of the area relative to the rest of our distribution system. The Water Works' master plan includes development of a boosted pressure zone in south-west Waterloo consisting of a booster station, elevated storage tank and pressure reducing valves. The estimated cost of the improvements is up to $3,000,000. This development will benefit from this project. However, no stage of the project is currently in our approved 10-year capital improvements plan. An interim solution would be to note the low system pressures on the lot purchase agreements, and recommend that residents preferring more aesthetically typical water pressures install in-home booster pumps. Residential booster pumping systems can cost $300.00 to $500.00 each before installation, and have a useful life of 5 to 10 years. The Waterloo Water Works looks forward to working with the City of Waterloo to make this exciting project a success for all stakeholders. This memo has been prepared to make sure reasonable expectations for the performance of our water system are clear, well before any final decisions are made. Please feel free to call or email me with any questions or comments. is Respectfully, Matthew L. Mahler, P.E. General Manager 7 3 F Page'h of 137 14 Rezone from A-1 to R-1, R-4, and C-1 East of 5624 Kimball Avenue Hope M. Anderson a� r- Looking east from Kimball Avenue on the north Looking east from Kimball Avenue with Orange side of the rezone area. Road to the right. A Y }i , i �i YNY y Win ,.qY kB9+ p, Looking north along Kimball Avenue toward Looking west from Iowa Highway 21. Orange school which is on the left. Page% of 137 15 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1.APPLICATION INFORMATION: a. Applicant's name(please print): Hope M. Anderson Address:100 Anderson Drive Phone:319.234.1715 Fax:319.234.1716 City:Waterloo State: Iowa Zip: 50701 b. Status of applicant: (a)Owner X (b)Other (CHECK ONE): If other explain: c. Property owner's name if different than above(please print): Address: Phone: Fax: City: State: Zip: 2.PROPERTY INFORMATION: a. General location of property to be rezoned: Between Kimball Avenue and Hawkeye Road, north of Orange Road b, Legal description of property to be rezoned: See Exhibit A Attached c. Dimensions of Proposed Zoning Boundary(Excluding Right of Way): Irregular, 3,275' x 2,517' d. Area of Proposed Zoning Boundary (Excluding Right of Way): 5,626,069 5F / 129.16 Acres e. Current zoning: A Requested zoning: R-1, � f. Reason(s)for rezoning and proposed use(s)of property:_Preliminary Plat for Future Subdivision g. Conditions(if any) agreed to: h. Other pertinent information(use reverse side if necessary): Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go tluough a platting process(separate from rezone request). The filing fee of$300+$10 per acre($750 max)(payable to the City of Waterloo)is required(round amount down to nearest$10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. 1f the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming, and Zoning Commission until four(4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of per jury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. ell Signature f Applicant Da Signature o Owner atd Page1A of 137 WATERLOO WWORKS WXI :WX<> Matthew L. Mahler, P.E. General Manager WATERLOO WATER WORKS P.O. Box 27,Waterloo,IA 50704 (319)232-6280 matt.mahler(i�waterloo-ia.org March 6, 2018 To City of Waterloo Planning and Zoning Department: This memo is supplement to the January 30, 2018 memo which was previously furnished regarding the Paradise Estates Addition residential development. The January 30 memo identifies two solutions to the low pressures in Orange Township. The long-term solution involves construction of a $3.5M multi- project improvement sequence that creates a large boosted pressure zone in south- west Waterloo. The interim solution recommends home-owners desiring higher water pressure install in-home residential booster pump systems. After further review, a mid-term solution may be for the Water Works to construct improvements that create a smaller-scale boosted pressure zone focusing on improving pressure in Orange Township and the immediately adjacent area. The first step in exploring the feasibility of a smaller-scale boosted pressure zone is to contract an engineering firm to conduct a study to evaluate our existing water system, elevation maps and sources of water demand. The goal of the study would be to identify a location for a booster pumping station and establish the extents of a pressure zone that would address the pressure concerns of existing customers and customers in immediately impending developments. The Board of Water Works Trustees will be considering securing an engineering firm to perform this Boosted Pressure Zone Study at its Regular March Board Meeting. Please feel free to call or email me with any questions or comments. Respectfully, Matthew L. Mahler, P.E. General Manager Page 82 of 137 CITY OF WATERLOO Council Communication FY 2018 Asphalt Overlay Program, Contract No. 943. City Council Meeting: 3/26/2018 Prepared: 3/21/2018 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 3/21/2018 - 10:45 AM Clerk Office Even, LeAnn Approved 3/21/2018 - 11:54 AM ATTACHMENTS: Description Type D Bid Tab Backup Material Motion to receive and file proof of publication of notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. SUBJECT: Resolution confirming approval of plans, specifications, form of contract; etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. _ Submitted by: Submitted By: Jamie Knutson, PE, Associate Engineer Expenditure Required: TBD Source of Funds: Local Option Sales Tax Page 83 of 137 FY18 Asphalt Overlay Program Contract No. 943 Bid Tab: March 22, 2018 Estimate $ 1,131,278.19 Bidder Bid Security Bid Amount ASPRO, Inc. Waterloo, Iowa 5% $1,226,902.06 Page 84 of 137 CITY OF WATERLOO Council Communication Resolution authorizing the statement of support for the application of Iowa Cannabis Company, Inc. to the Iowa Department of Public Health for a dispensary license in the City of Waterloo and authorize Mayor to execute necessary documents. City Council Meeting: 3/26/2018 Prepared: 3/21/2018 REVIEWERS: Department Reviewer Action Date Mayor Office Felchle, Kelley Approved 3/21/2018 - 5:17 PM ATTACHMENTS: Description Type D Certificate of City Acknowledgement and Support Backup Material Resolution authorizing the statement of support for the application of Iowa SUBJECT: Cannabis Company. Inc. to the Iowa Department of Public Health for a dispensary license in the City of Waterloo and authorize Mayor to execute necessary documents. Submitted by: Submitted By: Mayor Quentin Hart Recommended Action: Approval. Page 85 of 137 Certificate of City Acknowledgement and Support Date: Dispensary Applicant: Iowa Cannabis Company, Inc City Authority Completing Form: Iowa Cannabis Company, Inc. is currently in the process of applying for a dispensary license in Iowa, for which the Iowa Department of Public Health has been granted the authority to issue licenses for five (5) locations within Iowa. In the Request for Proposal, the Department of Public Health is requiring the applicants to identify the locations in which they will be applying and provide indication that the city would be open/supportive of having a dispensary in their community. A license will not be issued to a community that does not want it. Iowa Cannabis Company, Inc. is requesting a statement from the City to support its application for a license to open a dispensary in the City. Statement of Support acknowledge that Iowa Cannabis Company, Inc. will be applying for a medical cannabidiol dispensary license, for which a dispensary would be located in the City. This City of hereby supports the use of a medical cannabidiol dispensary, provided state and local licensing requirements are met. City Authority Printed: City Authority Signed: Page 86 of 137 CITY OF WATERLOO Council Communication Resolution approving an agreement with the Iowa Department of Transportation(IDOT)for a Central Traffic Control Center in the amount of$200,000 (80% - $160,000 with City match of 20% - $40,000.00-GO Bond) to purchase and install computer software and hardware to connect the traffic signal communications and the monitoring camera network to the Central Traffic Control Center at the Public Works Building. City Council Meeting: 3/26/2018 Prepared: 1/9/2018 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 1/10/2018 - 12:01 PM Resolution approving an agreement with the Iowa Department of Transportation(IDOT) for a Central Traffic Control Center in the amount of SUBJECT: $200,000(80% - $160,000 with City match of 20% - $40.000.00-GO Bond) to purchase and install computer software and hardware to connect the traffic signal communications and the monitoring camera network to the Central Traffic Control Center at the Public Works Building. Submitted by: Submitted By: Sandie Greco, Interim Public Works Director Recommended Action: Approve Resolution Up dating our central control center by installing video wall servers and Summary Statement: connecting to cameras and traffic signals and installing advance traffic management system, so all can be managed efficiently. Expenditure Required: $200,000 Source of Funds: $160,000- IDOT funding $ 40,000- City match(GO Bond funding) Policy Issue: Strategy 2.2 - enlist all City department and staff members in efforts to promote a safer community. Background Information: The need to efficiently monitor traffic movements and traffic operations and record occurring events. Page 87 of 137 CITY OF WATERLOO Council Communication Resolution submitting a Nutrient Reduction study to Iowa Department of Natural Resources, as required by the NPDES Permit. City Council Meeting: 3/26/2018 Prepared: 3/20/2018 REVIEWERS: Department Reviewer Action Date Waste Management Hoambrecker, Steven Approved 3/21/2018 - 10:41 AM Clerk Office Even, LeAnn Approved 3/21/2018 - 12:09 PM ATTACHMENTS: Description Type ❑ Support Resolution Memo Cover Memo SUBJECT: Resolution submitting a Nutrient Reduction study to Iowa Department of Natural Resources, as required by the NPDES Permit. Submitted by: Submitted By: Steve Hoambrecker, Waste Management Services Director It is recommended that the city council support the associated resolution on Recommended Action: the March 26, 2018 city council agenda recommending approval and submittal of the Nutrient Reduction Plan to IDNR complying as required by our NPDES permit. Page 88 of 137 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319)291-4553 • • Steve Hoambrecker, Director March 20, 2018 Memo to Waterloo Mayor and City Council: RE: Support Resolution, submittal of Nutrient Reduction plan to IDNR Background Discussion Stipulated conditions of the city's current NPDES permit, effective April 1, 2016 require submittal of a Nutrient Reduction evaluation of our wastewater facilities to be submitted no later than April 1, 2108. A contract with Strand Engineering was approved by the city council on April 17, 2017 to prepare that plan. Presentation of the proposed improvements prior to submittal was presented to the city council on March 19tH Recommended Action It is recommended that the city council support the associated resolution on the March 26, 2017, city council agenda recommending approval and submittal of the Nutrient Reduction Plan to IDNR complying as required by our NPDES permit. Page 89 of 137 CITY OF WATERLOO Council Communication Resolution approving Amendment to Development Agreement between Tim Moyer and the City of Waterloo, approved April 24, 2017, for the addition of development grants in accordance with the City 657A sale of property policy, and authorize the Mayor and City Clerk to execute all necessary documents. City Council Meeting: 3/26/2018 Prepared: 3/21/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 3/21/2018 - 1:03 PM Clerk Office Even, LeAnn Approved 3/21/2018 - 1:18 PM ATTACHMENTS: Description Type D Detailed Property Report/Aerial Photo Cover Memo D Amendment to Development Agreement Backup Material Resolution approving Amendment to Development Agreement between Tim Moyer and the City of Waterloo approved April 24; 2017, for the addition SUBJECT: of development grants in accordance with the City 657A sale ofproperty policy, and authorize the Mayor and City Clerk to execute all necessary documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Recommendation of approval. The property at 1330 Scott Avenue was acquired through Iowa Code 657A in 2016. The property is in reasonably good shape considering it was vacant for approximately five years. In April of 2017 the City of Waterloo entered into a development agreement with Tim Moyer to rehabilitate the property. The amendment to the original development agreement will include development Summary Statement: grants for the property in accordance with the city's policy for disposition and development or rehabilitation of properties initially acquired by the City via Iowa Code 657A. The City will make a $5,000 grant to Company within 30 days after the date of the Amendment to this Agreement and will make a further grant of$5,000 within 30 days after substantial completion of the Project to City's reasonable satisfaction. Expenditure Required: $10,000 Policy Issue: Sale of City owned Property/Dilapidated Housing. Alternative: Demolish and maintain. Page 90 of 137 Legal Descriptions: Black Hawk Subdivision Lot 19 Page 91 of 137 4/5/2017 Printable Map Output Black Hawk County Parcel Map Parcel ID: 913-28-151-020 Deed Holder: ITY OF WATERLOO Parcel Address: 1330 SCOTT AV, WATERLOO, IA 50701 ----------- Legend 5.4.1bid pameldim " roadnam•_ �I hos Pill Aerial Photos ailpat Black Ha eA Co. parks_ parks rr a a y,/I� twpm9 Rall—ds TFU9hmol.Way 7} w.ds. �• ownship t CRY floes f+ 'i •f-. / ollroatldlm lnt•mam•_ -_ --� t�' ._ I :ham':, ? I I I L? v I I . i Mopererej Wnh dre161S•�aRYn3ht tCl 1932.2991 CSfil Inc. Quo tt [ lack Hawk County, Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 16 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, aterloo,Iowa 50703.4774 he Black Hawk County Assessor or their employees.This map is compiled from official hone:(319)833-3002 -ecords,including plats,surveys,recorded deeds,and contracts,and only contains ax:(319)833-3070 nformation required for local government purposes.See the recorded documents for more -mail:auditor&co.black-liawk.ia.us.orr4 Jetailodjeal information. Page 92 of 1371 4/512017 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel E�— Deed Holder Tax Mail to Address CITY OF WATERLOO CITY OF WATERLOO 8913-28-151-020 715 MULBERRY ST PDF No. Map Area Eo—ntract Buye ATTN: FINANCE DEPARTMENT 3 WWTLO-12 —]WATERLOO, 1A 50703-0000 Pro !jy Address Current Recorded Transfer 1330 SCOTT AV Date Drawn Date Filed Recorded Document e WATERLOO, IA 50701-5398 1/1812017 11/2012017 R017 013231 SALES IF- BUILDING PERMIT None Date Number Amount Reason 10/6/2003 WA 3003 1,876 Porch 6/25/2003 WA 1049 1,300 Roof 4/1/1999 430 2,148 Deck/Patio ASSESSED VALUES/CREDITS Year Class 2017 Values pending Board of Review Action E 100% Land Multi-Residential Land Dwelling Building a res; Value 17,970 95,690 13,660 ITaxable Land Multi-Residential Land 113we Building I alue 17,970 P51690 10 1113,660 Year s 2016 100% Land Multi-Residential Land Dwelling Building otal cres Value 17,970 190,900 0 108,870 0 0 C 10 ota 'we"i n Buildin L00 9: 1 Relief Military Homestead Disabled Veteran Property Tax Relief gricul ural Family Farm p tul t C Credits E�tl�on relit Credit Credit Credit Credit Y Taxable Land Multi-Residential Land 113welling IBuilding otal E!Iue 10,232 1,758 1,990 Year Class 2015 100% Land ---TM—ulti-Residential Land Dwelling Building otal cres Value 17,970 190,900 0 108,870 Military Homestead Disabled Veteran Property Tax Relief lAgricultural Family Farm Credits Exemption Credit relit lCredit Credit Credit Y Taxable Land Multi-Residential Land 113welling Buildi- otal - alTuel,--996 7.71 50-564 0,560 ear Class 2014 IR 100% Land IM ult!-Residential Land Dwelling Building rotal lAcres Value 17,970 LO 190,900 10 1108,870 Military Homestead Disabled Veteran Property Tax Relief Agricultural Family Farm Credits Ex�tion Credit redit Credit Credit lGredit y http://www2.co.black-hawk.ia.us/websitetbhmaptbhRepDet.asp?apn=891328151020 Page 93 of 1313 4/5/2017 Black Hawk County Detailed Parcel Report j axable Land Multi-Residential Land Dweliin Buiidin otal 4 alue 10,015 50,662 0,677 l TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017 Tax District 40001 -WATERLOO toss WDisabled7eteran ablee Military Exemption Levy Rate toss Tax Net Tax Corp108,870 11,852 0.78414 $2,394.36 2,196.00 Nocor 0 0.00 HomesProperty Tax Relief g Business Property Tax redit Credit Credit redit197.80,00 $0.00 0.00 Nocorp0,00 LEGAL BLACK HAWK SUBDIVISION LOT 19 LAND Basis Front Rear Side 1 Side 0 Harea Cres Front Foot 6 6 135 135 910 0.205 Totals, 8910 P.205 DWELLING CHARACTERISTICS ------------ e S le otal Living Area Sin le-Famil /Owner Occu ied 1 Stoa Frame 1912 Year Built jArea Heat C ttic 1966 1912 es es lNone Total Rooms Above ITotal Rooms Below Bedrooms Above 113edrooms Below 2 Basement lBasement Finished Area No Basement Floor Full 10 Foundation Flooring C Blk Carp 1 Vinyl Exterior Walls Interior Finish Alum Drwl Roof s h 1 Gable Non-Base Flaor/Wall Pi Bless pace Heaters Heating Plumbing1 Full Bath 1 Shower Stall Bath le rea Porch 1S Frame Open 184 GARAGES BASEMENT STALLS Fear Built 5 le idEh Len Eh tea Basement trs Over rea C None 1969 Det Frame4 4 76 0 None10 YARD EXTRAS Description ear Built lQuantlity [Plot No. lExtended Description CONC PATIO 10 X 16 1966 1 Quantity=160.00, Units=Square Feet, Height=0 1 FBGLS/MTL RF 10 X 16 1966 1 Quantit =160.00, Units=5 care Feet, Hei ht=0 Ent Status: Ins ected I http://www2.co.black-hawk.ie.us/website/bhmaplbhRepDet.asp?apn=891328151020 Page 94 of 13 3 4/5/2017 Black Hawk County Detailed Parcel Report R l , �� --:_ dew-- �I f�lll�l�l���l�liIIIII��ILIIIIII IIIIIIIIII,,,,,+,IYII��1► IS B FR(MAIN) 24 [912] 38 8 IS FR OR 23 [184) (Date Website Last Updated: 04/04/2017 W F---- — - -- ---- --------.-. ----- -- — ---- http://www2.co.black-hawk.la.us/websitelbhmapA)hRepDot.asp?apn=891328151020 Page 95 of 137/3 Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319)234.5701 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2018, by and between Tim Moyer (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. Company and City are parties to that certain Development Agreement dated April 24, 2017 (the "DA"), concerning the development of land (the "Property") described on Exhibit "A" to the DA. The DA has been filed in the land records of Black Hawk County, Iowa, as Doc. No. 2017-19312. B. The parties desire to amend the DA to modify the terms thereof as set forth in this Amendment. NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. The DA lacks a Section 4, and the DA is hereby amended to add the following new Section 4: 'A. Development Grants. In accordance with City's policy for disposition and development or rehabilitation of properties initially acquired by City pursuant to Iowa Code Chapter 657A, the City will make a $5,000 grant to Company within 30 days after the date of the Amendment to this Agreement and will make a further grant of$5,000 within 30 days after substantial completion of the Project to City's reasonable satisfaction." 2. Except as modified herein, the DA shall continue unmodified in full force and effect. Terms in this Amendment that are capitalized but not defined will have the same meanings herein that are ascribed to them in the DA. The DA and this Page 96 of 137 Page 2 Amendment shall inure to the benefit of and be binding upon the parties and their respective successors and assigns. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Tim Moyer Attest: Kelley Felchle, City Clerk Page 97 of 137 CITY OF WATERLOO Council Communication Resolution approving the request of qualifications from firms to conduct an audit on City owned properties, and authorize the Mayor and City Clerk to execute said documents. City Council Meeting: 3/26/2018 Prepared: 3/21/2018 REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 3/21/2018 - 1:06 PM Clerk Office Even, LeAnn Approved 3/21/2018 - 1:19 PM ATTACHMENTS: Description Type D RFQ for Audit of City Owned Properties Backup Material Resolution approving the request of qualifications from firms to conduct an SUBJECT: audit on City owned properties; and authorize the Mayor and City Clerk to execute said documents. Submitted by: Submitted By:Noel Anderson, Community Planning and Development Director Recommended Action: Approval for request for qualifications due April 16, 2018. The intent is to survey the buildings listed below, and to prepare a comprehensive report identifying needed or recommended equipment and systems repairs and replacements, along with an anticipated timeline for their replacement and/or repair. Provide a cost opinion identifying replacement and/or repair costs for each item. The components of the building to be reviewed are: S ite Parking and Drives S idewalks Landscaping Site and Building Exterior Lighting Site Utilities Exterior Envelope Roof(including flashing) Walls Windows Doors Building Interiors Floor Finishes Walls C eilings Page 98 of 137 Doors/Hardware Heating/Cooling/Ventilation Systems Plumbing Systems Fire Suppression Systems Power Distribution and Devices Lighting Technology Infrastructure Energy Efficiency Review the energy efficiency of each building and make recommendations as to how to make a building more energy efficient. Evaluate whether solar energy panels could be used on a building's roof to help reduce the City's overall energy costs. Buildings to be included in the survey are: Summary Statement: Black Hawk Sprinkler Building(Building Maintenance; PD; Storage for American Legion— 1100-1112 Sycamore Boathouse— 707 Park Road Byrnes Park Pool— 801 Campbell Carnegie Annex(Human Rights, Housing Authority, Community Development)— 620 Mulberry Cedar Valley Sportsplex(Leisure Services)— 300 Jefferson Waterloo Center for the Arts —225 Commercial Street City Hall(Police, City Departments)— 715 Mulberry Street Fire Station#1 (Fire Department)—425 East Third Street Fire Station#2(Fire Department)— 1812 LaPorte Road Fire Station#3 (Fire Department)— 222 West Donald Street Fire Station#4(Fire Department)— 1200 Ansborough Avenue Fire Station#5 (Fire Department)— 617 Nevada Street Fire Station#6 (Fire Department)— 3233 Ansborough Avenue Gates Park Clubhouse(Leisure Services)— 820 East Donald Street Gates Park Pool(Leisure Services)— Hazardous Materials Training Center(Fire Department)— 1925 Newell Street Iry Warren Clubhouse (Leisure Services)— 1000 Fletcher Avenue Leisure Services Office (Leisure Services)— 1101 Campbell Avenue Library— 415 Commercial Street Police Evidence Storage Building(Police Department)— 408 East Sixth Street Police Shooting Range(Police Department)— 348 North Elk Run Road Public Market(Leisure Services)— 327 West Third Street Public Works— 625 Glenwood South Hills Clubhouse(Leisure Services)— 1830 East Shaulis Road UNICUE (UNI Lease)— 800 Sycamore Street Veterans Memorial Hall(Veterans Memorial Commission)— 655 Cedar Street Waste Management— 3505 Easton Avenue Young Arena(Leisure Services)— 125 Commercial Street Page 99 of 137 DELIVERABLES Develop a bound report booklet, in 8 '/z x II inch format, with detailed information for each property assessment. Information is to include a listing of recommended property improvements/replacements, anticipated date for improvements/replacements and a summary of costs for each property. Provide three copies of the report booklet. Also provide information in electronic format, in Microsoft Word and Excel format. Source of Funds: Bonds/ General Fund Policy Issue: Building Maintenance Alternative: Deny The City of Waterloo owns and maintains a number of structures. In an effort to plan for capital expenditures, the City wishes to assess the condition Background Information: of several properties, and to quantify maintenance and component replacement requirements. These assessments will be used to develop preventative maintenance plans and to identify annual expenditures required to maintain the City building stock. Page 100 of 137 Request for Qualifications — City of Waterloo Buildings Survey Date of Release March 27, 2018 INTRODUCTION The City of Waterloo owns and maintains a number of structures. In an effort to plan for capital expenditures,the City wishes to assess the condition of several properties, and to quantify maintenance and component replacement requirements.These assessments will be used to develop preventative maintenance plans and to identify annual expenditures required to maintain the City building stock. PROJECT DESCRIPTION AND SCOPE The intent is to survey the buildings listed below, and to prepare a comprehensive report identifying needed or recommended equipment and systems repairs and replacements, along with an anticipated timeline for their replacement and/or repair. Provide a cost opinion identifying replacement and/or repair costs for each item. The components of the building to be reviewed are: Site Parking and Drives Sidewalks Landscaping Site and Building Exterior Lighting Site Utilities Exterior Envelope Roof(including flashing) Walls Windows Doors Building Interiors Floor Finishes Walls Ceilings Doors/Hardware Heating/Cooling/Ventilation Systems Plumbing Systems Fire Suppression Systems Power Distribution and Devices Lighting Technology Infrastructure Page 101 of 137 Energy Efficiency Review the energy efficiency of each building and make recommendations as to how to make a building more energy efficient. Evaluate whether solar energy panels could be used on a building's roof to help reduce the City's overall energy costs. Buildings to be included in the survey are: Black Hawk Sprinkler Building (Building Maintenance; PD; Storage for American Legion—1100-1112 Sycamore Boathouse—707 Park Road Byrnes Park Pool—801 Campbell Carnegie Annex(Human Rights, Housing Authority, Community Development)—620 Mulberry Cedar Valley Sportsplex(Leisure Services)—300 Jefferson Waterloo Center for the Arts—225 Commercial Street City Hall (Police, City Departments)—715 Mulberry Street Fire Station #1 (Fire Department)—425 East Third Street Fire Station #2 (Fire Department)—1812 LaPorte Road Fire Station #3 (Fire Department)—222 West Donald Street Fire Station #4(Fire Department)—1200 Ansborough Avenue Fire Station #5 (Fire Department)—617 Nevada Street Fire Station #6 (Fire Department)—3233 Ansborough Avenue Gates Park Clubhouse (Leisure Services)—820 East Donald Street Gates Park Pool (Leisure Services)— Hazardous Materials Training Center(Fire Department)—1925 Newell Street Iry Warren Clubhouse (Leisure Services)—1000 Fletcher Avenue Leisure Services Office (Leisure Services)—1101 Campbell Avenue Library-415 Commercial Street Police Evidence Storage Building(Police Department)—408 East Sixth Street Police Shooting Range (Police Department)—348 North Elk Run Road Public Market(Leisure Services)—327 West Third Street Public Works—625 Glenwood South Hills Clubhouse (Leisure Services)—1830 East Shaulis Road UNICUE (UNI Lease)—800 Sycamore Street Veterans Memorial Hall (Veterans Memorial Commission)—655 Cedar Street Waste Management-3505 Easton Avenue Young Arena (Leisure Services)—125 Commercial Street DELIVERABLES Develop a bound report booklet, in 8%x 11 inch format, with detailed information for each property assessment. Information is to include a listing of recommended property improvements/replacements, anticipated date for improvements/replacements and a summary of costs for each property. Provide three copies of the report booklet. Also provide information in electronic format, in Microsoft Word and Excel format. Page 102 of 137 PRELIMINARY SCHEDULE a. March 27,2018 —Release RFQ b. April 16,2018 1:30pm—RFQ responses due c. April 23,2018—Final selection made d. May, 2018—Begin work e. October,2018-Complete work PROPOSAL FORMAT The team's initial submittal materials should include the following, clearly labeled and organized accordingly. Responses shall not exceed 30 pages,front and back, excluding covers and dividers. Letter of Interest 1. Firm Profile Include information about firm history, location, size and design philosophy. 2. Team Qualifications Include roles and responsibilities of the specific team proposed for this project, along with resumes for each team member. 3. Relevant Project Experience Please include information on the proposed project team's experience in completing a project of this type and scope. Indicate the role of each proposed team member who worked on the project. Project experience in this section should be limited to projects completed by individuals on the project team only. Do not include firm experience that is not associated with any of the proposed team members. Provide a list of at similar projects completed by April 16, 2018. 4. Proposed Process Briefly describe the methodology that your firm would use to lead the City through this process. Please comment on your ability to promptly start the work and provide services to meet the anticipated completion date, identifying key milestones in the process. Preliminary scheduling goals are noted above. PROPOSAL SUBMISSION Please send 2 hard copies and one electronic copy of your response to: Noel Anderson Community Planning and Development Director 715 Mulberry Street Waterloo, IA, 50703 noel.anderson@waterloo-ia.org 319.291.4366 Page 103 of 137 EVALUATION CRITERIA Each qualification proposal will be evaluated according to the quality of the product, the qualifications and experience of the proposed team, response to the City's requirements, and the ability of the project team to work in a manner compatible with City representatives. Fees for services will be negotiated with the selected firm. The City reserves the right to accept or reject any and all qualifications submitted, waive any and all formalities, and select the qualified firmed deemed to be in the best interest of the City.After the City has reviewed all of the qualifications, a shortlist of two firms may be invited for interviews if necessary or deemed beneficial. PROJECT INQUIRIES If you wish to walk thru any City Building on the list above you will need to contact the City's Maintenance Foreman to schedule the walk thru. Please provide any questions via email or phone to the following contact by April 2, 2018. Ed Abben City Maintenance Foreman ed.abben@waterloo-ia.org Cell -319-269-4688 Page 104 of 137 CITY OF WATERLOO Council Communication Resolution approving Federal Regulation Procurement Requirements for FEMA projects. City Council Meeting: 3/26/2018 Prepared: 3/21/2018 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 3/21/2018 - 10:25 AM Clerk Office Even, LeAnn Approved 3/21/2018 - 1:20 PM ATTACHMENTS: Description Type D Procurement Requirements FEMA Projects Cover Memo SUBJECT: Resolution approving Federal Regulation Procurement Requirements for F EMA projects. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer The Iowa Department of Homeland Security Federal requested that City expand the previously approved document containing the regulations for procurements so that's it's more apparent that this applies to all forms of FEMA funding and not only to Public Assistance grants. As stated in a prior communication, the procedures required for items to be reimbursed by the federal government have undergone major changes Summary Statement: recently. The regulations are now becoming effective for local governments. The attached document has been designed to compile those requirements in a single document for staff to follow when working on federally funded projects, specifically those that may be reimbursed by FEMA(the Federal Emergency Management Agency). This document has been reviewed by the City Attorney and the City's Contract Compliance Officer. Expenditure Required: None Alternative: Procurements that do not comply with these provisions may not be eligible for reimbursement by FEMA and other federal agencies. Page 105 of 137 PROCUREMENT REQUIREMENTS FEDERAL REGULATIONS(FEMA) Contract Attachment NOTICE: THIS IS A FEDERALLY FUNDED PROJECT AWARDING AGENCY: Federal Emergency Management Agency(FEMA), Department of Homeland Security. Federal funding is being used, in whole or in part, for this Project and therefore all provisions of 2 CFR §§ 200.317 through 200.326 under the Uniform Administrative Requirements("Uniform Rules") apply to this Project. Federal Law requires that contracts relating to the Project include certain provisions of 2 CFR §§ 200.317 through 200.326 under the Uniform Administrative Requirements. Depending upon the type of work or services provided and the dollar value of the Project,some of the provisions set forth in 2 CFR§§200.317 through 200.326 may not apply to the Contractor or to the work or services to be provided hereunder; however, the provisions are nonetheless set forth to cause this Project to comply with Federal Law. This Project will be in strict compliance with program requirements of the Awarding Agency and of 2 CFR §§ 200.317 through 200.326. The contractor hereby certifies that they will comply with all applicable federal laws, regulations, and any additional policies, procedures and directives required by the funding agency. (1) Remedies. Administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. (Contracts more than the simplified acquisition threshold) (2) Termination for Cause and Convenience. Termination for cause and for convenience by the recipient or sub- recipient including the manner by which it will be affected and the basis for settlement(Applies to all contracts in excess of$10,000). (3) Not to Exceed —Contract Amendments. The Contractor shall not exceed the maximum fees, as noted in the Section titled Compensation,without a prior written request to the City of Waterloo, Iowa and authorization by written amendment to the Contract, including a change to the Scope of Work/Services. The written request shall include documentation and justification for such request including a detailed cost and schedule impact to the Project. (4) Retention of all required records. Records shall be retained for three years after recipients or sub-recipients make final payments and all other pending matters are closed. (5) Access to Records. a) The Contractor agrees to provide the City of Waterloo, Iowa, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits,examinations,excerpts,and transcriptions. b) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. c) The Contractor agrees to provide the FEMA Administrator or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. (6) Small and minority businesses,women's business enterprises and labor surplus area firms. a) Qualified small and minority businesses and women's business enterprises will be included on solicitation lists developed by the Contract Compliance Officer. b) Small and minority businesses and women's business enterprises will be solicited when they are potential sources for services. c) When economically feasible, total project requirements will be divided into smaller tasks or quantities to permit maximum participation by small and minority businesses and women's business enterprises. d) Delivery schedules will be established that encourage participation by small and minority businesses and women's business enterprises,where requirements permit. e) Services provided by organizations such as the Small Business Administration and Minority Business Development Agency of the Department of Commerce will be used,as appropriate. Federal Regulations—FEMA Projects Contract Attachment City Council Approval(3/5/2018) _PagpagJ9§s°f 137 f) Prime contractors are required to use the affirmative steps listed in items (6) (a) through (6) (e) above, if subcontracts are let. (7) Equal Employment Opportunity. Compliance 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). During the performance of this contract,the Contractor agrees as follows: a) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex,or national origin.The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. b) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race,color, religion, sex, or national origin. c) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers' representatives of the Contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. d) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, as amended and supplemented, and of the rules, regulations,and relevant orders of the Secretary of Labor. e) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,as amended and supplemented, and by rules, regulations,and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations,and orders. f) In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965 as amended and supplemented, and such other sanctions as may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. g) The Contractor will include the portion of the sentence immediately preceding paragraph (a) of this section and the provisions of paragraphs (a) through (g) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, as amended and supplemented, so that such provisions will be binding upon each Subcontractor or vendor.The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, That in the event a Contractor becomes involved in, or is threatened with, litigation with a Subcontractor or vendor as a result of such direction by the administering agency the Contractor may request the United States to enter into such litigation to protect the interests of the United States." (8) Compliance with the Davis-Bacon Act and the Copeland"Anti-Kickback"Act. a) Applicability of Davis-Bacon Act. The Davis-Bacon Act only applies to the Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program, and Transit Security Grant Program. It does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program. Federal Regulations—FEMA Projects Contract Attachment City Council Approval(3/5/2018) �agpag2�bff 137 b) All prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. §§ 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations at 29 C.F.R. Part 5 (Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). See 2 C.F.R. Part 200, Appendix II,¶ D. c) In accordance with the statute, Contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,Contractors must be required to pay wages not less than once a week. d) The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The non-Federal entity must report all suspected or reported violations to the Federal awarding agency. e) In contracts subject to the Davis-Bacon Act, the contracts must also include a provision for compliance with the Copeland "Anti-Kickback" Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations at 29 C.F.R. Part 3 (Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States). The Copeland Anti-Kickback Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The non-Federal entity must report all suspected or reported violations to FEMA. f) In situations where the Davis-Bacon Act does not apply, neither does the Copeland "Anti-Kickback" Act. However,for purposes of grant programs where both clauses do apply, FEMA requires the following: i. Contractor. The Contractor shall comply with 18 USC§ 874, 40 USC§ 3145 and the requirements of 29 CFR pt. 3 as may be applicable,which are incorporated by reference into this contract. ii. Subcontracts. The Contractor or Subcontractor shall insert in any subcontract the clause above and other such clauses as the FEMA may by appropriate instructions require, and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any Subcontractor or lower tier Subcontractor with all of these contract clauses. iii. Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and Subcontractor as provided in 29 CFR§512. (9) Compliance with the Contract Work Hours and Safety Standards Act.Applicable for all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 USC §§ 3702 and 3704, as supplemented by Department of Labor regulations at 29 CFR Part 5. a) Overtime requirements. No Contractor or Subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. b) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (a) of this section the Contractor and any Subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (a) of this section. c) Withholding for unpaid wages and liquidated damages. The City of Waterloo, Iowa shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Contractor or Subcontractor under any such contract or any other Federal contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be necessary to satisfy Federal Regulations—FEMA Projects Contract Attachment City Council Approval(3/5/2018) ag�ag9s°f 137 any liabilities of such Contractor or Subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (b)of this section. d) Subcontracts. The Contractor or Subcontractor shall insert in any subcontracts the clauses set forth in paragraph (a) through (d) of this section and also a clause requiring the Subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any Subcontractor or lower tier Subcontractor with the clauses set forth in paragraphs (a)through (d) of this section." (10) Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Contractors who apply or bid for an award of$100,000 or more must file the required certification. (11) Procurement of Recovered Materials. a) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired: • Competitively within a timeframe providing for compliance with the contract performance schedule; • Meeting contract performance requirements; or • At a reasonable price. b) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, http://www.epa.gov/cpg/. The list of EPA-designate items is available at httP://www.epa.gov/cpg/products.htm. (12) Compliance with the Clean Air Act. Applicable for contracts of amounts in excess of$150,000. a) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C. §7401 et seq. b) The Contractor agrees to report each violation to the City of Waterloo, Iowa and understands and agrees that the City of Waterloo, Iowa will, in turn, report each violation as required to assure notification to the State of Iowa, the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c) The Contractor agrees to include these requirements in each subcontract exceeding$100,000 financed in whole or in part with Federal assistance provided by FEMA. (13) Compliance with the Federal Water Pollution Control Act. Applicable for contracts of amounts in excess of $150,000. a) The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended,33 U.S.C. 1251 et seq. b) The Contractor agrees to report each violation to the City of Waterloo, Iowa and understands and agrees that the City of Waterloo, Iowa will, in turn, report each violation as required to assure notification to the (name of recipient), Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. c) The Contractor agrees to include these requirements in each subcontract exceeding$100,000 financed in whole or in part with Federal assistance provided by FEMA. (14) Suspension and Debarment. Applicable to all FEMA grant and cooperative agreement programs. a) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R.§ 180.940) or disqualified (defined at 2 C.F.R. § 180.935). b) The Contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. c) This certification is a material representation of fact relied upon by the City of Waterloo, Iowa. If it is later determined that the Contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the State of Iowa and the City of Waterloo, Iowa, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Federal Regulations—FEMA Projects Contract Attachment City Council Approval(3/5/2018) — Pag�agOf 137 d) The Contractor agrees to comply with the requirements of 2C.F.R. pt. 180,subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Contractor further agrees to include a provision requiring such compliance in its lower tier covered transactions. (15) No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligation or liabilities to the non-Federal entity, Contractor or any other party pertaining to any matter resulting from the contract. (16) Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 USC Chap 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to the contract. (17) Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act(42 USC 6201). (18) Notice of awarding agency requirements and regulations pertaining to reporting. (19) Notice of awarding agency requirements and regulations pertaining to patent rights with respect to any discovery or invention which arises or is developed in the course of or under such contract. (20) Awarding agency requirements and regulations pertaining to copyrights and rights in data. (21) Contractors shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. See DHS Standard Terms and Conditions, v 3.0, Paragraph XXV (2013) (22) Bonding Requirements. Applicable for construction or facility improvement contracts or subcontracts exceeding the simplified acquisition threshold ($150,000),the awarding agency may accept the bonding policy and requirements of the recipient (State of Iowa) or sub-recipient (City of Waterloo) provided the awarding agency has made a determination that the awarding agency's interest is adequately protected. If such a determination has not been made,the minimum requirements shall be as follows: a) A bid guarantee from each Contractor equivalent to five percent (5%) of the bid price. The "bid guarantee" shall consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the Contractor will, upon acceptance of its bid, execute such contractual documents as may be required within the time specified. b) A performance bond on the part of the Contractor for 100 percent (100%) of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the Contractor's obligations under such contract. c) A payment bond on the part of the Contractor for 100 percent of the contract price.A" payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract. Federal Regulations—FEMA Projects Contract Attachment City Council Approval(3/5/2018) agPagJ S g pf 137 CITY OF WATERLOO Council Communication An Ordinance amending the 2007 City of Waterloo Code of Ordinances Chapter 3, Electrical Regulations of Title 9 Building Regulations. City Council Meeting: 3/26/2018 Prepared: 3/20/2018 REVIEWERS: Department Reviewer Action Date Building Department Even, LeAnn Approved 3/21/2018 - 11:53 AM ATTACHMENTS: Description Type ❑ Amendment to Ordinance No. 5392 Cover Memo Motion to receive; file and consider and pass for the first time an ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 3 Electrical Code,Article I Electrical Regulations of Title SUBJECT: 9, Building Regulations by removing(a)Amendments to 2017 NEC Chapter 2 Amendments: (1and(22 Motion to suspend the rules. Motion to consider and pass for the second and thud time and adopt said ordinance. Submitted by: Submitted By: Greg Ahlhelm, Building Official Recommended Action: Approve ordinance. With the adoption of the 2017 National Electrical Code the state of Summary Statement: Iowa chose to eliminate sections (a) and (b) of Section 9-3-6. We to have to amend our ordinance to match the state as we cannot be less strict than what the state has adopted. Page 111 of 137 Ordinance No.5392 Page 3 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. (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 2014 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 2014 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 2014 NEC Chapter 2 Amendments: (1) 210.8(A)(2) Add the following exceptions to section 210.8, paragraph (A), subparagraph(2): a. Exception No.I to(2): Receptacles not readily accessible. b. Exception No-2 to (2): A single receptacle or a duplex receptacle for two appliances located within dedicated space for each appliance that, in normal use,is not easily moved from one place to another and that is cord-and-plug connected in accordance with 400.7(A)(6), (A)(7), or(A)(8). c. Receptacles installed under the exceptions to 210.8(A)(2)shall not be considered as meeting the requirements of 210.52(G). Where readily accessible,receptacle shall be labeled as being non-GFCI". (2) 210.8(A)(5) Add the following exceptions to section 210.8, paragraph (A), subparagraph(5): a. Exception No.2 to(5):Receptacles that are not readily accessible. b. Exception No.3 to(5):A single receptacle or a duplex receptacle for two appliances located within dedicated space for each appliance that, in normal use, is not easily moved from one place to another and that is cord-and-plug connected in accordance with 400.7(A)(6),(A)(7),or(A)(8). c. Receptacles installed under the exceptions to 210.8(A)(5) shall not be considered as meeting the requirements of 210.52(G). Where readily accessible,receptacle shall be labeled as being non-GFCI". Page 112 of 137 CITY OF WATERLOO Council Communication Leisure Services Commission minutes of February 13, 2018. City Council Meeting: 3/26/2018 Prepared: REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 3/16/2018 - 12:28 PM Clerk Office Higby, Nancy Approved 3/20/2018 - 12:25 PM ATTACHMENTS: Description Type D minutes of Feb 13, 2018 Cover Memo SUBJECT: Leisure Services Commission minutes of February 13, 2018. Submitted by: Submitted By: Page 113 of 137 i. f C MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, February 13, 2018 Waterloo Leisure Services 1101 Campbell Avenue i Megan Hannam called the meeting to order at 7:35am. I Present: Megan Hannam, Brenda Durbahn, Sharon Samec, Don Huff, Marvin Spencer, Staff: Paul Huting, Todd Derifield, JB Bolger, Chris Dolan, Travis Nichols, Bill Bachman, Councilman Pat Morrissey. Absent: Nancy Bamsey, Brenton Shavers, Mark Gallagher and Council Liaison Steve Schmitt. Megan Hannam called for approval of the agenda. Motion to approve agenda by Sharon Samec second by Brenda Durbahn. Ayes: All. Nays: None Megan Hannam called for approval of the 1/09/2018 meeting minutes. Motion by Don Huff second by Sharon Samec to approve the minutes. Ayes: All. Nays: None. Megan Hannam called for approval of the bills. Questions were answered. Motion by Sharon Samec, second by Don Huff to approve the bills. Ayes: All. Nays: None COMMITTEE MEETING No committee meetings were held. UPDATE ON FYE2019 BUDGET PROCESS Paul Huting provided information on the budget presentation that was given to City Council. The department has provided budget numbers to City Hall. The Council and department will continue to work toward finalizing the budget. EDISON SCHOOL PARK UPDATE Paul Huting and Councilman Pat Morrissey attended the January 21st Edison Neighborhood Association meeting. A rough sketch and list of desired park features was presented by the group. Funding has yet to be identified. LINCOLN PARK PLAN UPDATE A meeting will be held February 12 at the Cedar Valley SportsPlex to discuss plans for the park. STAFF UPDATES Young Arena — Chris Dolan The suites are now complete. The suites were used at the recent Black Hawk game. The Waverly wrestling tournament will be held soon. This is one of the bigger events held at the Arena. Page 114 of 137 I I Construction — Travis Nichols Crews worked on snow removal, removing the rubber surface at Mark's Park in preparation for the new surface to be installed, shop inventory and general maintenance. The netting at Riverfront Stadium should be installed in February. Forestry — Todd Derifield Crews continue to work on ash tree removals. 28 trees left to remove in the Kingsley neighborhood, 1,400 left to remove citywide. Bids are being accepted for stump removal, 687 stumps. Todd thanked Marvin Spencer and Megan Hannam for their service on the Leisure Services board. The term for Marvin will expire March 1st. Megan is moving out of Waterloo. Golf and Downtown Area — JB Bolger Working on snow removal, grooming for cross country skiing. Many people have been using the cross country courses. The dredging project at Gates was cut short, due to heavy rain that filled the ponds. Sports and SportsPlex — Mark Gallagher Absent. The next regular Leisure Services Commission Meeting will be held Tuesday, March 13, 2018 at the 1101 Campbell office. Megan Hannam asked for motion to adjourn. Motion by Sharon Samec to adjourn, second by Marvin Spencer. Adjourned at 8:40am. iL, �N Sha on Samec, S cr 4ta Signed this Date Page 115 of 137 CITY OF WATERLOO Council Communication Planning& Zoning Commission minutes of February 6, 2018. City Council Meeting: 3/26/2018 Prepared: REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 3/21/2018 - 9:54 AM Clerk Office Higby, Nancy Approved 3/21/2018 - 10:44 AM ATTACHMENTS: Description Type D P&Z 2/6/18 minutes Cover Memo SUBJECT: Planning& Zoning Commission minutes of February 6, 2018. Submitted by: Submitted By: Page 116 of 137 MINUTES CITY OF WATERLOO, IOWA PLANNING, PROGRAMMING AND ZONING COMMISSION REGULAR MEETING-4:00 P.M. February 6, 2018 The regular meeting of the Waterloo Planning, Programming, and Zoning Commission was called to order by Chairperson Holdiman at 4:03 p.m. in the Harold E. Getty Council Chambers at Waterloo City Hall. Members present were: Donat (by phone), Flynn, Holdiman, Buttgen, Miehe, Hall, Tyson and Wilber. Members absent were: Castle. Others present: Noel Anderson, Aric Schroeder, Chris Western, Tim Andera, John Domoff and Seth Hyberger—Planning Department, and 30 citizens. I.Approval of the Agenda It was moved by Buttgen, seconded by Tyson to approve the agenda. Motion carried unanimously. II. Approval of the Minutes from the Regular Meeting on January 9, 2018 Regular Meeting It was moved by Tyson, seconded by Flynn to approve the minutes of the January 9, 2018 meeting. Motion carried unanimously. 11I. Financial Report: December 2017 Anderson reviewed the financial report indicating that the budget looks to be on track for this particular time of the year. IV.Oral Presentations No Oral Presentations V.New Business A. Hearings/Rezone 1. Request by Hope M. Anderson to rezone a total of 129.16 acres including 105.33 acres from"A-1" Agricultural District to "R-1" One and Two Family Residence District, 10.85 acres from"A-1" Agricultural District to "R-3"Multiple Residence District, 3.51 acres from "A-1"Agricultural District to "R-4"Multiple Residence District, and 9.47 acres and from "A-1"Agricultural District to "C-1" Neighborhood Commercial District, located next to 5805 Kimball Avenue,between Kimball Avenue and Highway 21, and north of E. Orange Road It was moved by Hall and seconded by Miehe to receive and place on file the statement of verification at 4:05 p.m. Motion carried unanimously and Holdiman declared the hearing open. Hyberger gave the staff report recommending approval subject to the following conditions 1) that the request meets all applicable city codes,regulations, etc. including but not limited to parking, landscaping, traffic plan, screening, drainage, etc.; 2) a traffic study will be required for the proposed rezone area prior to the submittal of the final plat; 3) a condition placed on the 3.62 acres being rezoned to "R-4" that limits the uses to what was identified in a memo submitted by the applicant dated 1/30/2018; 4) a condition for the 10.85 acres being rezoned to "R-3"Multiple Residence District that limits the uses to what was identified in a memo submitted by the applicant dated 1/30/201 S. Page 117 of 137 Planning and Zoning Commission February 6,2018 Donat asked if the concerns expressed during tech review were resolved to which Hyberger responded that the concerns expressed during tech review concerned the Preliminary Plat which was withdrawn from this month's agenda and will be brought back in the future. Donat asked if the concerns about the floodplain were taken care of, Wilber asked if a map was included of the lots that were in the floodplain to which Hyberger responded that there was not a map at this time and Holdiman interjected that the floodplain would be a concern when the plat is presented. Flynn asked for clarification from the memo that says that "group homes shall not be permitted beyond that used for physical or mental disability, illness or disease. This shall strictly prohibit use for substance abuse or rehabilitation". Hyberger responded that they were looking at a retirement home or assisted living type use. Donat asked if the development was going to include pedestrian pathways to which Hyberger said that the preliminary plat would include some pedestrian facilities. Holdiman asked if the applicant or someone representing the applicant wanted to speak, but none were not present. George Walters, 5404 Kimball Avenue, who farms to the north of the site and lives across Kimball from the proposed rezone asked what the square plot on the north was, if the drainage ditch along Iowa 21 will take their drainage tiles, and how they plan to connect to the Shaulis Road Trail. Noel Anderson noted the applicant is planning to build a house for himself on the large square plot, that as part of the preliminary plans drainage issues will be address and Hyberger noted that the Shaulis Road is mentioned as informational point of reference for possible trail connections but they are not planned at this time but Anderson also noted that a sidewalk was put in as part of the Orange School project and the long range goal would be to have sidewalk going north along Kimball. Gary Sadler, 6122 Kimball Avenue said that the former Orange School site should be developed first and asked what is the size of lots being proposed, what is the price range for the homes, who is planned for a developer, criticized the homes behind Hy-vee built by Skogman, how wide are the streets going to be, is there going to be on street parking, traffic control onto Kimball and Orange, is there going to be a snow emergency route? Sadler stated that he was against anything larger than a two family home, that water control and water pressure are problems in the area along with traffic from Orange. Barbara Henning, 138 Sidehill Drive, indicated that the area is close knit and would like to see the east side of the road match up with the west side of the road. Questioned who the housing is supposed to be for, if it's going to be speculation housing, or restrictions on the housing. Henning sees this as nothing but sprawl. Hall asked Anderson to explain the difference between the actions being taken today and when the preliminary plat comes up and try to answer some of the questions. Anderson stated that today the commission is discussing the zoning and what the land can be used for. It does not determine the size or layout of the lots but the applicant did include a sample one to show what it may look like. Anderson also noted that the"R-1" designation has minimum lot size, lot widths, setbacks, with the other designations have other size requirements. Anderson explained that the city traded the former central garage for the Orange School so that the school district could move the bus barn closer to downtown. The city will look to develop the site most likely with single family homes but some documents still need to be finalized before possession of the land is taken by the city. The lots sizes would vary with smaller lots on the south and larger lots as you moved north in order to offer different price ranges, that the applicant would like to have multiple contractors not just one, width of the streets is part of the subdivision process but generally 28 to 31' feet wide, traffic operations has asked for a traffic study which would determine traffic control for the development, snow emergency routes are also determined in the subdivision process, noted that the "R-I"would allow single family homes or duplexes, with the "R-3", "R-4", and commercial toward Iowa Highway 21 which would allow more intensive uses, it was noted by a memo from Waterworks that - 2 - Page 118 of 137 Planning and Zoning Commission February 6,2018 some type of pressure booster will be needed in the area but that is a long-term plan, that some of the lots on the southern section would be smaller compared to the rest of Orange, and that the applicants plan is to have homes ranging in price from $200,000 up to $600,000. Schroeder noted that the "R-3" and"R-4" would allow higher densities but as noted from the applicant they are looking to put restrictions on what can be built and they are agreeing not to allow multi-family housing. Holdiman read the memo from the applicant concerning the proposed restrictions on the development. Trudie Friedley, 145 West Orange Road, indicated that to be compatible with the area it should all be "R- 1" Terry Sandberg, 230 West Orange Road, asked what the number of stories allowed in an "R-3" or"R-4" zone to which Schroeder responds 3-stories in "R-3" and 4-stories in "R-4" to which Sandberg responds that he feels they don't fit out there. Kim Camarata 824 West Orange Road, family founded Orange Township, more comfortable with it being all "R-1", doesn't want sprawl and can see problems down the road for Orange School. Tony Geerts, 230 Lichty Boulevard, homes along Kimball flood, Lichty Park has water percolate out of the ground, and it is unreasonable to make existing homeowners buy$500 water pressure tanks, it should be the cities responsibility because the water pressure has gone down in the last couple of years. Also Cul-de-sacs do not work especially for snow removal and emergencies. Dianne Sittig, 816 West Orange Road, staff report said no negative impacts on the community but that is wrong. Traffic, noise, lack of sidewalks, and water pressure are already issues in the neighborhood. Don't see a need for apartment complexes and there should be no commercial. Monique Walters, 5404 Kimball Avenue, asked how big of a house that the applicant can build for himself and Noel Anderson noted that the tract is 10 acres and he can build a house as big as he wants so long as he meets setbacks and it's a maximum of 35% of the lot size. Walters went on to say that when people think if Iowa they think of agriculture not houses. Don't need the city coming to Orange Township. Also asked if the applicant is allowed to live that close to a school. Don't think of commercial and multi-family as paradise. People who want convenience don't need to move there. Mary Halverson, 178 Sidehill Drive, live there for 38 years and it is a great place to live and development does not mirror what is on the west side of Kimball Avenue, plus there is no access to Orange School. Want the country to be in the country, don't bring the city to us. Joe McGovern, 6150 Kimball Avenue, asked if booster pumps are at owner's expense which Anderson confirms, McGovern says he agrees with what everyone else has said. Mike Henning, 138 Sidehill Drive, asked about water pressure and asked if the residents have to deal with it. Schroeder responds that Waterworks which is separate from the city does have a long term plan to solve the water pressure issues but it is not currently funded and will cost several million dollars. If individual property owners are unhappy with the pressure then it would be up to them to install boosters. Henning asks about traffic issues and other problems and if they will be dealt with before the rezone is taken care of or will they just compound them. Karen Hoppes, 145 Lichty Boulevard, this will just create more traffic problems and will cause more 4- way stops. Have problems with water in basement and in back yard. Been trying to get sidewalks for years but new development will have them so it is a slap in the face to existing owners. Son lives on Orange cannot afford a pressure booster. Arthur Muller, 320 West Orange Road, retired police officer who wanted to stay in city and support it. Many residents in Orange built their homes and still live in them. Traffic is going to be a problem and the traffic engineer is going to want to put 4-way stops everywhere. It is a nice community right now,people - 3 - Page 119 of 137 Planning and Zoning Commission February 6,2018 don't park on the streets, and it's going to change. Wants home consistent with what's out there now. Was going to move to Jessup but moved to Orange instead. Gary Sadler, 6122 Kimball Avenue, asked if residential lots were just approved near East Shaulis Road to which Anderson answered yes. Then asks about an area being plotted out in that area south of Shaulis east of Highway 218 to which development is going to occur as a road is being put in. Schroeder responds that a single house is being built there on a 4-acre tract that Kalsam split off and that the developer has not finalized any other lots. Sadler then asked what property Water Works owns in the area and if they were planning to build a water tower in the area. Anderson said they would have to check with Water Works about ownership but their memo dated January 30, 2018 states that there long range plan includes boosting the pressure and a water tank in the area. Sadler also states that he is against a strip malls. Sadler suggest making it a park or a cemetery to which Anderson responded that the city does not want any more park land at this time. Dusty Greiman, 6002 Eldora Road Hudson, heir to the Tannreuther estate that farms the 35 acres at the northwest corner of Orange and Iowa Highway 21 said he is not interested in developing that land, wants to farm it. Buttgen read the memo from Water Works noting that the booster pumps cost between $300 and $500 not including installation and have a life of 5 to 10 years. Tony Geerts, 230 Lichty Boulevard, asked if they will have to take care of drainage to which Schroeder responded that the preliminary plat did include detention. Geerts reponded that water will run off these homes across the street to the older homes and Schroeder explained what the development will have to do for storm water detention and how it works. Geerts said that communicating by memo is dysfunctional to which Anderson explains about Tech Review and noted not all communication is by memo. Barbara Henning, 138 Sidehill Drive, said that we need to be doing planning in the city, and do something about empty commercial and the mall. George Walters, 5404 Kimball Avenue asked if they could try to stop him from farming the area and putting down such things as manure to which Anderson responded no. Arthur Muller, 320 West Orange Road, said that they should go develop other areas instead. It was moved by Hall, seconded by Miehe, to close the hearing. Motion passed unanimously. Donat asked of the Complete Streets policy would apply to this request to which Anderson responded that it would be looked at in the preliminary plat process. Flynn said that she is a member of the school board and their representative on the Commission. Orange school was built for 650 students and currently has 496 students and Orange was built larger than other elementary schools in anticipation of growth in the area as most elementary schools are designed for 500. She also noted that schools do create a problem with traffic but that disruption is typically limited to two short periods during school days. Orange is the number#2 elementary school for busing with 8 buses, and if development doesn't happen out there then they overbuilt Orange. She also noted that the relocated bus barn also help the Orange area. Flynn was also unhappy with the assumption that the size of lot determines the quality of the house, size of lot has nothing to do with quality of the house. Also, the commission is only deciding on the zoning not on what the applicant builds out there. Holdiman noted that when he was on the school board about 15 years ago when Orange was being planned there was talk of a large subdivision in the area. He also noted that yes traffic is bad around Orange before and after school but he passed Kingsley and Irving Elementary on the way to the Commission meeting and traffic was bad then, and that is something that happens around schools. - 4 - Page 120 of 137 Planning and Zoning Commission February 6,2018 Wilber who noted she lives in the neighborhood thought that the traffic study needed to be expanded to look at streets such as Ansborough and that the water issues need to be looked at before it goes any farther. Buttgen said she does not feel comfortable approving anything more out in the area until the water issues are addressed. Hall stated that he is also concerned about the water issues and sprawl in the area, and wondered if it was possible to change the "R-3" and "R-4" to "R-1" and in addition allow specific uses such as professional offices in those areas. Schroeder said that they would need to be zoned"R-1, C-Z" Conditional Zoning. Holdiman stated that he feels that if the city is going to grow it will likely grow to this area. Hall said he understands the concerns but wants to ensure that there is not 3 and 4 story buildings in the area and wished that the applicant was here to answer what the intentions of the commercial space were. The commission has the opportunity to ensure compatibility with the existing neighborhood. Hall will support Tracts A and D being zoned"R-1,C-Z" but would table Tract C. That way Tract B is approved and the applicant can start moving ahead and work out the water and other issues in the area. Schroeder said it is difficult to table a request in part, could create procedural issues. Would be better to deny the entire rezone or recommend approval of all tracts except Tract C and recommend denial of that one. There was discussion on how Tract C would be handled if it were recommended for denial or do it as "R- 1, C-Z". Flynn asked what options the applicant would have under the different scenarios. Buttgen said she still has concerns about water pressure and drainage and if it's possible to require the applicant to rectify those problems with Water Works before coming back with the preliminary plat. Schroeder responds that the water pressure is a known issue and the drainage issue is addressed in the preliminary plat process. Tyson said that he wants to see the process proceed, but notes that there have been a lot of issues brought up and the applicant is not here to answer those questions. Hall clarified that it is during the preliminary plat process that the applicant needs to come up with answers to the water and drainage issues. Hall amends his motion to deny Tract C. Miehe asks Hall is there a reason to deny Tract C or just make it"R-1, C-Z" also. Schroeder notes that a Site Plan Amendment process will need to be done when they do anything with the tracts zoned"C-Z". Hall changed the motion to recommend Tract C be rezoned to "R-1, C-Z" Buttgen asks would he be allowed to do multi-family with this change to which Schroeder responds that it would require approval through a Site Plan Amendment but it would not be prohibited. Monique Walters, 5404 Kimball Avenue, stated if the "C-Z" is developed then the developer comes back and requests a Site Plan Amendment then they wouldn't get notice and asked if that was code about the 250-feet. Schroeder confirms the 250-feet is code. Schroeder says that notice is published in the paper to which Walters says that no one reads the paper anymore. Miehe offers clarification on what would be allowed if the motion passes. It was moved by Hall, seconded by Flynn to recommend that Tracts A, C, and D be rezoned "R-I,C-Z" and Tract B rezoned "R-1". Motion carried unanimously. Buttgen and Hall leave at 5:50pm. B. Site Plan Amendment - 5 - Page 121 of 137 Planning and Zoning Commission February 6,2018 1. Request by CRF Rentals for a site plan amendment to the "C-P"Planned Commercial District for construction of a 36' X 144' 5,184 Square Foot Commercial Building located south of 2911 Southland Drive. It was moved by Flynn and seconded by Tyson to receive and place on file the statement of verification at 5:52 p.m. Motion carried unanimously and Holdiman declared the hearing open. Dornoff read the staff report recommending approval with the following conditions: 1) that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to,parking, landscaping, screening, drainage, etc. and 2) that a sidewalk be constructed along Charm Drive. Marilyn Wagner, 4805 Ponderosa Drive, representing the condominium association, asked if the detention requirements are the same for commercial, where the curb cuts will be, how the second unit will be accessed, what kind of businesses will be in the building, what kind of traffic it will generate and has concerns about traffic in the area. Schroeder responded that the commercial requirements for drainage was the same, that the curb cut will be on Charm Drive, the second unit will be accessed from the same curb cut on Charm and differed to the applicant for the remaining questions. Chris Fischels, 4736 Yellowstone, stated that he does have one possible tenant for one of the units which would be a one person operation that does core samples that does business throughout Iowa and has a main location in Mason City, Iowa and would use this when he is in the area which is about twice a week. Looking to have a nice building that would create less traffic than the condominiums and using the same stone that is on his personal house. Schroeder asked Fischels what kind of tenant he was looking for in the other unit to which Fischels responded that he was possibly looking to use the unit himself for this various projects that require storage space. He also stated that he does not want heavy trucks on the concrete that he puts down and that he could put a pole building up but instead wants to put a building up with a foundation that will last a long time. Flynn asked if heavy trucks would use the building and Fischels answered that he is not looking to heavy duty use. Marilyn Wagner, 4805 Ponderosa Drive, wanted to know if a curb cut could be done on Southland, who maintains the detention pond, what the difference is between a retention and detention pond, and where will the water go. Schroeder responds that the applicant does not own any property on Southland, the landowner maintains the detention pond, a retention pond holds water permanently while a detention pond holds it and slowly releases it and the water from this site will be released to the ditch along US Highway 63/Sergeant Road. Wagner and Schroeder discuss water issues in the overall area. Holdiman asked if the detention basis are designed so that they will capture the amount of water as if there was no development to which Schroeder confirms up to a 100-year flood. It was moved by Tyson, seconded by Flynn, to close the hearing. Motion passed unanimously. It was moved by Tyson, seconded by Wilber to recommend approval of the site plan amendment subject to the following conditions: 1) that the final site plan meets all applicable city codes, regulations, etc. including, but not limited to,parking, landscaping, screening, drainage, etc. and 2) that a sidewalk be constructed along Charm Drive. Motion carried unanimously. C. Plats 1. Request by CGA Engineers on the behalf of BCS Properties for the preliminary and final plats of Village West 2nd Addition, a three lot commercial subdivision located West of 1850 West Ridgeway Avenue. - 6 - Page 122 of 137 Planning and Zoning Commission February 6,2018 Andera gave the staff report recommending approval of the preliminary plat subject to the condition that it is updated as required by staff and approval of the final plat subject to final plat and deed of dedication is updated as required by staff with Holdiman noting that the commissioners except Donat received a revised version of the plats and deed of dedication. Donat asked if there was concerns from the residents along Jane street to which Andera responded that staff has not received any complaints and noted that it is some distance to the south from those residents. Wilber asked if the concerns about the Deed of Dedication been addressed to which Andera confirmed. It was moved by Flynn, seconded by Donat to recommend approval of the preliminary and final plats of Village West 2nd Addition subject to the condition that it is updated as required by staff and approval of the final plat subject to final plat and deed of dedication is updated as required by staff Motion carried 5-0 with Miehe abstaining. D. Vacates 1. Request by Michael Crane to vacate a platted 20' easement located along the southerly property line for construction of a 12' X 16' 192 Square Feet shed located at 235 Niagara Drive. Dornoff read the staff report recommending approval. Flynn asked the applicant if the neighbor to the south who is located close to the easement has any concerns to which the applicant said no. It was moved by Miehe, seconded by Flynn to recommend approval of the vacate request. Motion carried unanimously. E. Street Namings 1. Request by City of Waterloo to name a private street Marigold Drive, generally located south of 3520 Marigold Drive. Schroeder read the staff report recommending approval. Flynn asked if the homeowners are responsible for snow plowing and parking to which Schroeder said the landowners will be responsible and that parking could be developed so long as it met city codes. Donat asked about the Sanitary Sewer to which Schroeder responded that a easement was maintained. It was moved by Donat, seconded by Miehe to recommend approval of the street naming. Motion carried unanimously. F. Discussion Donat referred back to item D-1 asking if there were any concerns about the shed materials or colors to which Dornoff noted the shed is made of wood and appropriate colors. It was moved by Donat, seconded by Buttgen to adjourn the meeting at 6:34pm. Motion carried unanimously. Respectfully submitted, - 7 - Page 123 of 137 Planning and Zoning Commission February 6,2018 John Dornoff, Planner I - 8 - Page 124 of 137 CITY OF WATERLOO Council Communication Historic Preservation Commission minutes of January 16, 2018. City Council Meeting: 3/26/2018 Prepared: REVIEWERS: Department Reviewer Action Date Planning& Zoning Schroeder,Aric Approved 3/21/2018 - 9:54 AM Clerk Office Higby, Nancy Approved 3/21/2018 - 10:44 AM ATTACHMENTS: Description Type D HP 1/16/18 minutes Cover Memo SUBJECT: Historic Preservation Commission minutes of January 16; 2018. Submitted by: Submitted By: Page 125 of 137 WATERLOO HISTORIC PRESERVATION COMMISSION REGULAR MEETING—January 16, 2018—4:30 P.M. First Floor Conference Room, City Hall Ottesen called the regular meeting of the City of Waterloo Historic Preservation Commission meeting to order at 4:30 p.m. Commission Members in attendance were: Ottesen, Price,Jenson,Jaacks and Miller. Commission Member(s)absent were: Stevens and Orlando. Others Present: E.J. Gallagher—Grout Museum, and John Dornoff—Planning Staff Approval ofAgenda Motion made by Jaacks,seconded by Price to approve the agenda of the January 16,2018 regular meeting. Motion carried unanimously. Approval of Minutes Motion made by Jaacks seconded by Miller to approve the minutes of the December 19, 2017 regular meeting as amended.Motion carried unanimously. Hearings No Hearings Reports 1. Main Street Ottesen noted that the Christmas decorations have come down and there have been a couple of sign reviews over the last month. Jaacks said that he is now on the Main Street board and that the Executive Director position should be filled soon. 2. Silos and Smokestacks. No Report 3. Grout Museum Gallagher had no report for this month. 4. Rath Administration Update Dornoff said that there has been interest in the building including from a group out of California which is run by a Waterloo native and referred to the planning office by Commission member Rick Jaacks. 5. Walnut Survey Dornoff noted that Louis-Berger should have some initial results by the end of month. Ottesen asked if a meeting will be held to which Dornoff responded that there is a plan for one. -1- Page 126 of 137 6. Smokey Row Dornoff stated that he sent off the signed documents for the grant to the state offices today and is hoping that the city will do some matching funds. 7. Highland The Highland Neighborhood Association sent letters to the Mayor,Noel Anderson, and Jerome Amos in support of the CIP request for improvements to the Highland Neighborhood. Dornoff said that he has received calls from the resident at 1212 Independence who wants to change his siding to vinyl or some other type of siding and also wants to be removed from the historic district so he can do it. Discussion Items/Possible Actin Items 1. CLG Annual Report Domoff told the commission that the Annual report to the State and Federal Governments for Certified Local Government needs to be in by February 28'. Domoff needs to know of any training sessions that commissioners have gone to or watched during the 2017 calendar year. 2. Presentation at Iowa State University Domoff discussed more of the presentation that he attended at Iowa State University. One lesson learned was that in Detroit they had experts come in and talk about what home owners can do to keep their homes historical character but still keep cost down. Often time contractors will come in and just say replace them when they can be repaired because they can make more money or it is easier for them. Look at possibility of having a workshop for builders that can demonstrate what can be done. 3. Grants Domoff showed a list of possible items to include in a grant application to the Community Foundation adding a possible historic survey of the Highland Neighborhood. 4. Design Guidelines Miller asked why not just use the Secretary of the Interior standards. Ottesen stated that the previous guidelines were based on them but were tailored for the needs of the city and climate. 5. CIP 2019-2023 Domoff noted that the CIP process is currently underway,will probably be a few months before anything is finalized. 6. Most Endangered Building List 2018 Domoff showed a list of possible buildings that could be included on this coming year's list including two that are in the Smokey Row area where the new survey will take place. He also noted that banks have been bulldozing buildings they have taken over including a 1890's home in the Home Park area. -2- Page 127 of 137 7. City owned properties/Demo List Dornoff noted that Walnut Baptist Church was sold at a tax sale to an investor group out of Le Mars, Iowa. 8. Action Plan Ottesen requested that everyone look at dates on the Action Plan and look at updating it at the next meeting. 9. Banquet 2018 Commission talked about the banquet hopefully having it in May like last year and possibly at the Center for the Arts again. Will check for Thursdays in May but not the night of Girls Night Out. 10. School Art Proiect Commission requested that Dornoff check with Orlando on the status. 11. Survey form filing and Data Entry Update Dornoff noted that he has gone through all of the Named streets from the 1994 survey leaving just the numbered streets. 1994 survey appeared to look for properties that were individually eligible for the national register of historic places. 12. Discussion Jenson passed out a letter for commissioners to sign thanking someone who has fixed up a home with significant historical value. Dornoff also mentioned that he received an email from Jessica Hartman at KWWL looking for information about the Smokey Row grant. Arliournment Ottesen adjourned the meeting at 5:28 p.m. Respectfully submitted, V John Dornoff Planner I -3- Page 128 of 137 CITY OF WATERLOO Council Communication Community Development Board Meeting minutes January 2018. City Council Meeting: 3/26/2018 Prepared: 3/19/2018 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 3/21/2018 - 10:43 AM Clerk Office Higby, Nancy Approved 3/21/2018 - 10:45 AM ATTACHMENTS: Description Type a Community Development January Board meeting Cover Memo minutes SUBJECT: Community Development Board Meeting minutes January 2018. Submitted by: Submitted By:Rudy D. Jones; Community Development Director Recommended Action: approval Page 129 of 137 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING January 9,2018 The regular meeting of the Community Development Board was held in the Mollenhoff Room at City Hall at 715 Mulberry Street,Waterloo, Iowa at 4:00 p.m. on Tuesday, January 9, 2018. Members present: Maxine Tisdale, Precious Clark, Robert Tyson, Lisa Munoz and John Chiles Members absent: Jason Verbraken and Philip Nash Also present; Anita Merfeld, Community Development Administrative Secretary; Angie Fordyce, Community Development Coordinator; Maggie Howard-Heretakis, Project Specialist; Rudy D. Jones, Community Development Director; Matt Chesmore,Rehabilitation Specialist; Felicia Smith-Neighborhood Services Coordinator and Jerome Amos, City Council Liaison A.APPROVAL OF THE AGENDA Chairperson Robert Tyson asked for a motion to approve the agenda. It was moved by Munoz,and seconded by Tisdale to approve the Agenda. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON DECEMBER 12,2017. Chairperson Tyson requested additions or corrections to the minutes for the meeting on Tuesday, December 12,2017. There were none. It was moved by Tisdale,and seconded by Chiles to approve the minutes of the regular meeting on December 12,2017 as presented. Motion carried. C. OLD BUSINESS 1.Update on Staff Since the critical position of Coordinator has been filled, a financial review of the department has been done. At this time we are financially unable to fill the positions that we had previously interviewed for. A discussion of reorganization has been initiated. 3. Lead Grant Award Staff is still in the preliminary stages of work write ups, procurement and other administrative duties required for the lead grant. D. NEW BUSINESS 1. Endorse Rehabilitation Contracts for December 2017. It was moved by Tisdale and seconded by Clark to endorse the rehabilitation contracts for December 2017. Motion carried. 2. Set Date for 2°d Public Hearing on February 20,2018 for the FY2019 Subcommittee Recommendation It was moved by Munoz,and seconded by Tisdale to set the date of the 2nd Public Hearing for February 20, 2018 at 5:00 in City Council Chambers.Motion carried. 3. National Community Development Audrey Nelson Achievement Award This National Conference will be held in January 2018. Community Development's Grand Crossing project was chosen to win The Audrey Nelson Award for its outstanding use of CDBG funds. Rudy Jones and Mayor Hart will be on hand to accept the award. 5.Neighborhood Services Report Felicia reported on the events that were held in November and December. Page 130 of 137 Minutes January 9, 2018 Page 2 E. DISCUSSION ITEMS 1.Down Payment Assistance/Affordable Housing/5 Year Plan/Walnut Coalition Jones touched on some of the programs and happenings that will continue in 2018. ADJOURN MEETING. With no further business it was moved by Tisdale,and seconded by Chiles to adjourn the meeting. Motion carried. The Chair declared the meeting adjourned. Rc.specttiffly submitted Maxine is1l e Board Secretary Page 131 of 137 CITY OF WATERLOO Council Communication Community Development Public Hearing minutes of January 2018. City Council Meeting: 3/26/2018 Prepared: 3/19/2018 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 3/21/2018 - 10:44 AM Clerk Office Higby, Nancy Approved 3/21/2018 - 10:51 AM ATTACHMENTS: Description Type Community Development Public Hearing Minutes Cover Memo January 2018 SUBJECT: Comb unity Development Public Hearing minutes of January 2018. Submitted by: Submitted By:Rudy D. Jones,Community Development Director Recommended Action: approval Page 132 of 137 MINUTES PUBLIC HEARING COMMUNITY DEVELOPMENT BOARD January 9, 2018 This Public Hearing of the Community Development Board was held in the Mollenhoff Room, 715 Mulberry Street, Waterloo, Iowa, and called to order by Chairperson Robert Tyson at 5:00 p.m. on Tuesday, January 9, 2018. Members present: Maxine Tisdale, Lisa Munoz, Precious Clark, John Chiles and Chairperson Robert Tyson Members absent: Jason Verbraken and Philip Nash Also present: Rudy Jones, Community Development Director; Angie Fordyce, Community Development Coordinator; Anita Merfeld, Community Development Administrative Secretary; Matt Chesmore, Rehabilitation Specialist; Felicia Smith-Nalls,Neighborhood Services Coordinator; Maggie Howard- Heretakis, Project Specialist; Jerome Amos, Councilperson; Mike Knipp,Northeast Iowa Food Bank; Patricia King, Eye of the Needle, William Kay, Swingkat Trading Company LLC A. APPROVAL OF THE AGENDA. Chairperson Tyson explained that the purpose of this public hearing is to receive Citizen Input into the CDBG and HOME application funding process for the FY2019 Consolidated Plan One-Year Action Plan. It was moved by Chiles, and seconded by Tisdale, to approve the Agenda for the Public Hearing to receive Citizen Input on the application process for CDBG and HOME program funding for the FY2019 Consolidated Plan One-Year Action Plan. Motion carried. B. MOTION TO RECEIVE AND PLACE ON FILE AFFIDAVIT FOR PROOF OF PUBLICATION FOR NOTICE OF PUBLIC HEARING It was moved by Clark, and seconded by Tisdale,to receive and place on file the affidavit for proof of publication for Notice of Public Hearing that was a display advertisement published in the Courier on Sunday,December 31,2017. Motion carried. C. MOTION TO OPEN THE PUBLIC HEARING It was moved by Clark, and seconded by Tisdale, to open the Public Hearing. Motion carried. Patricia King, Director of Eye of the Needle spoke on behalf of her organization stating that now more than ever funds are needed for her clients. She has seen an increase in the needs in the Waterloo/Cedar Falls area. Mike Knipp, from Northeast Iowa Food Bank explained that they see over 6000 people a month and handle 7-8 million pounds of food annually. They are in need of funding which will be used to help purchase an Electric Pallet Jack to pull orders from the warehouse and to move inventory. William Kay, Director of Swingkat Trading Company L.L.C. asked for funding for his project at 211-213 Clay Street in the Walnut Neighborhood. Page 133 of 137 Minutes January 9, 2018 Page 2 D. MOTION TO CLOSE THE PUBLIC HEARING It was moved by Tisdale, and seconded by Clark, to close the Public Hearing. Motion carried. E. MOTION TO PUBLISH INITIAL SUBCOMMITTEE RECOMMENDATIONS ON FEBRUARY 11,2018 BEFORE THE HEARING ON FEBRAURY 20, 2018. It was so moved by Tisdale, and seconded by Chiles. Motion carried. F. MOTION TO ADJOURN Motion was made by Tisdale, and seconded by Chiles to adjourn the meeting. Motion carried. Meeting adjourned. Respectfully submitted, W4�(�o C4-;?e Zzk__' Maxine Tisdale Board Secretary Page 134 of 137 CITY OF WATERLOO Council Communication Community Development Public Hearing minutes of February 2018. City Council Meeting: 3/26/2018 Prepared: 3/19/2018 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 3/21/2018 - 10:44 AM Clerk Office Higby, Nancy Approved 3/21/2018 - 10:52 AM ATTACHMENTS: Description Type a Community Development Public Hearing Minutes Cover Memo February 2018 SUBJECT: Comb unity Development Public Hearing minutes of February 2018. Submitted by: Submitted By:Rudy D. Jones; Community Development Director Recommended Action: approval Page 135 of 137 MINUTES PUBLIC HEARING COMMUNITY DEVELOPMENT BOARD FEBRUARY 20, 2018 This Public Hearing of the Community Development Board was held in the Mollenhoff Room, 715 Mulberry Street, Waterloo, Iowa, and called to order by Chairperson Robert Tyson at 5:00 p.m. on Tuesday, February 20, 2018. Members present: Maxine Tisdale, Lisa Munoz by phone, John Chiles and Chairperson Robert Tyson Members absent: Jason Verbraken and Precious Clark, Philip Nash has resigned due to work scheduling conflicts Also present: Rudy Jones, Community Development Director; Angie Fordyce, Community Development Coordinator; Anita Merfeld, Community Development Administrative Secretary; Patricia King, Eye of the Needle, Clarissa Nicholson; Operation Threshold A. APPROVAL OF THE AGENDA. Chairperson Tyson explained that the purpose of this 2nd public hearing is to receive Citizen Input into the CDBG and HOME application funding process for the FY2019 Consolidated Plan One-Year Action Plan. It was moved by Tisdale, and seconded by Chiles,to approve the Agenda for the 2nd Public Hearing to receive Citizen Input on the application process for CDBG and HOME program funding for the FY2019 Consolidated Plan One-Year Action Plan. Motion carried. B. MOTION TO RECEIVE AND PLACE ON FILE AFFIDAVIT FOR PROOF OF PUBLICATION FOR NOTICE OF PUBLIC HEARING It was moved by Chiles and seconded by Tisdale to receive and place on file the affidavit for proof of publication for Notice of 2nd Public Hearing that was a display advertisement published in the Courier on Sunday February 11,2018. Motion carried. C. MOTION TO OPEN THE PUBLIC HEARING It was moved by Chiles, and seconded by Tisdale,to open the Public Hearing. Motion carried. Patricia King, Director of Eye of the Needle spoke of her continuing need for funds. She spoke of the percentage of clients who have become more self-sufficient with the help her organization provides. She feels that 30%-40% of her clients have become more self-sufficient. Clarissa Nicholson spoke about Operation Threshold's Weatherization Plus and TBRA programs and the continual need for funds. D. MOTION TO CLOSE THE PUBLIC HEARING It was moved by Tyson, and seconded by Tisdale, to close the Public Hearing. Motion carried. Page 136 of 137 Minutes February 20, 2018 Page 2 E. MOTION TO AUTHORIZE PUBLICATION OF 30 DAY COMMENT PERIOD MARCH 1-31, 2018 AND SUBMIT RECCOMENDATION TO THE CITY COUNCIL FOR A PUBLIC HEARING ON APRIL 16,2018 It was so moved by Tisdale, and seconded by Munoz. Motion carried. F. MOTION TO ADJOURN Motion was made by Tisdale, and seconded by Tyson to adjourn the meeting. Motion carried. Meeting adjourned. Respectfully submitted, E Maxine Tisdale Board Secretary Page 137 of 137