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HomeMy WebLinkAboutCouncil Packet - 7/1/2019THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAR OLD E. GETTY CO UNCIL CHAMBERS Monday, July 1, 2019 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. o n the day of the Council Meeting. If not registered with the City Clerk'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. o n 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. o n 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 68 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Bruce Jacobs, Ward 2 Council Member Agenda, as proposed or amended. Minutes of June 24, 2019, Regular Session, as proposed. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving Variance to Noise Ordinance request from Main Street Waterloo in conjunction with the Mayor's Independence Day Extravaganza on July 6, 2019, from 3:30 p.m. to Midnight to be held at the Riverloop Amphitheater, including live music, fireworks and the closure of the Park Avenue bridge during the event. Submitted By: Corbin Payne, Lieutenant 3. Resolution approving request of William Fettkether for a waiver for a concrete driveway located at 1340 Jersey Lane, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted By: Jamie Knutson, PE, City Engineer 4. Resolution setting date of public hearing as July 15, 2019, to authorize the sale and conveyance of property located north of 3488 Wagner Road, to Professional Lawn Care, LLC, in the amount of $1.00, with Development Agreement and Minimum Assessment Agreement for the development of three (3) industrial buildings, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS Page 2 of 68 a. Sergeants Devine and Hewitt, and Officers Fredericksen, Nichols and Watson Class/Meeting: FAA Remote Pilot Certification Testing Destination: Waterloo, IA Dates: June 4, 2019 Amount not to exceed: $750 2. LIQUOR LICENSES a. The American Legion, 728 Commercial Street *Ownership Update* Class: C Liquor w/Outdoor Service New Application Includes Sunday Expiration Date: 6/15/2020 b. Applebee's Neighborhood Grill & Bar, 2780 Crossroads Blvd. Class: C Liquor Renewal Application Includes Sunday Expiration Date: 6/23/2020 c. Dollar General Store #7136, 66 E. Tower Park Drive *Ownership Update* Class: B Wine / C Beer New Application Includes Sunday Expiration Date: 2/29/2020 d. Flirts Gentlemen's Club, 319 Jefferson Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 6/10/2020 e. Kwik Star #715, 1636 W. 4th Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 7/29/2020 f. Kwik Star #732, 324 Fletcher Avenue Class: C Beer Renewal Application Includes Sunday Expiration Date: 7/21/2020 g. UNA Bar & Restaurant, 910 W. 5th Street Class: C Liquor Renewal Application Includes Sunday Expiration Date: 6/30/2020 h. WCA Building and Amphitheatre, 225 Commercial Street Class: Special C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 6/21/2020 i. Yesway Store #10023, 117 E. San Marnan Drive Page 3 of 68 J Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 7/13/2020 Z's Restaurant, 3937 W. Airline Highway Class: C Liquor Renewal Application Does not include Sunday Expiration Date: 7/19/2020 3. APPOINTMENTS a. Rebecca Varnold Board/Commission: Housing Authority Board Expiration Date: June 26, 2021 Re -Appointment b. Lovie Caldwell Board/Commission: Civil Service Commission Expiration Date: April 1, 2023 Re -Appointment 4. Motion to approve application for Fireworks Display at Bamboo Ridge Camp Ground, on Friday, July 5, 2019, beginning at 9:45 p.m. 5. Motion to approve application for Mayor's Fireworks Display at Park Avenue Bridge on July 6, 2019 beginning at 9:45 p.m. 6. Motion approving Cigarette/Tobacco Permit renewal applications as listed in Exhibit A. 7. Bonds. PUBLIC HEARINGS 2. Riverloop Public Market Fire Suppression Project. 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, file and instruct City Clerk to read bids. Resolution awarding bid to Black Hawk Sprinkler of Cedar Falls, Iowa, in the amount of $68,765, and approving the contract, bond and certificate of insurance, in conjunction with the Riverloop Public market Fire Suppression Project, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director 3. Terminal Building Carpet, LED Lighting and Improvements, Project No. 91190A L 0200. 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. Page 4 of 68 Resolution authorizing to proceed. Motion to receive, file and instruct City Clerk to read bids and refer to Airport Director for further review. Submitted By: Keith Kaspari, Airport Director RESOLUTIONS 4. Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $552,248.60, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2019 Jefferson and Commercial Streetscape Improvements, Contract No. 976, and authorizing the Mayor and City Clerk to execute said documents. Submitted By: Matt Schindel, Associate Engineer 5. Resolution approving temporary "No Parking This Side" signs on the east and west sides of the 100 and 200 blocks of North Hackett Road for approximately one (1) week, beginning the week of July 1, 2019, due to tanker trucks navigating from the Hackett Lift Station, in conjunction with the Cattle Congress Sanitary Sewer Force Main Repair Project. Submitted By: Sandie Greco, Traffic Operations Director ORDINANCES 6. Ordinance amending the 2008 Traffic Code by adding Subsection (18a) Casper Avenue to Section 553, No Parking Here to Corner - Casper Avenue from Upland Drive - east side of Casper Avenue in a southerly direction. Motion to receive, file, consider and pass for the third time and adopt an Ordinance amending the 2008 Traffic Code by adding Subsection (18a) Casper Avenue to Section 553, No Parking Here to Corner - Casper Avenue from Upland Drive - east side of Casper Avenue in a southerly direction. Submitted By: Sandie Greco, Traffic Superintendent ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Leisure Services Commission minutes of May 14, 2019. 2. Airport Board Meeting minutes of May 28, 2019. Page 5 of 68 CITY OF WATERLOO Council Communication Minutes of June 24, 2019, Regular Session, as proposed. City Council Meeting: 7/1/2019 Prepared: REVIEWERS: Department Reviewer Clerk 0 lac I igby, Nan cy ATTACHMENTS: Description Minutes of 6/24/19 Submitted by: Submitted By: Action Approve Type 13 chip Material. Date 6/26/2019 10:55 A Page 6 of 68 June 24, 2019 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, June 24, 2019. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Feuss, Klein, Amos, Schmitt, and Juon. Prayer or Moment of Silence. Pledge of Allegiance: 146456 - Juon/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, June 24, 2019 at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146457 - Juon/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, June 17, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS David Dryer, 3145 W. 4th Street, requested an update on All in Grocers, the lawsuit with LK Waterloo, and commented that he has concerns that the city is selling older vehicles with low mileage. Todd Obadal, 124 Amity Drive, commented that he submitted a public records request for all communications required by the consent decree but did not receive anything indicating the EPA was notified and does not believe he received everything he should have. Mr. Morrissey commented that he is hoping there will be another work session on truck embargos and rules of procedure. He shared that he was sad to see that Steve Mager passed away. Mr. Mager was a positive influence in Waterloo. 146458 - Juon/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146459 - Juon/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated June 24, 2019 in the amount of $5,218,298.25 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. 2019-466. 2. Resolution approving request from John Deere Waterloo Operations to hold its annual 5K run on Saturday, August 24, 2019 from 7:00 a.m. to 10:00 a.m., starting and finishing at the John Deere Tractor & Engine Museum, located at 500 Westfield Avenue, with barricades at Westfield Avenue and W. Commercial Street, Westfield Avenue and Fletcher Avenue, River Road/W. Jefferson Street and W. Commercial Street, and W. Jefferson Street and Westfield Avenue. Resolution adopted and upon approval by Mayor assigned No. 2019-467. 3. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $61,000, for property acquisitions in the MidPort area. Page 7 of 68 June 24, 2019 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2019-468. 4. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $3,200, for right-of-way acquisitions and easements located in the East Waterloo Unified Urban Renewal Tax Increment Financing District in the Logan area. Resolution adopted and upon approval by Mayor assigned No. 2019-469. 5. Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $98,200, for design services for Newell Street improvements in the Northeast Industrial Site area. Resolution adopted and upon approval by Mayor assigned No. 2019-470. 6. Resolution approving use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $500,000, for an economic development grant to Central Property Holdings, LLC to develop a grocery store located in the Logan area. Resolution adopted and upon approval by Mayor assigned No. 2019 7. Resolution approving the use of East Waterloo Unified Urban Renewal Area Tax Increment Financing District funds, in an amount not to exceed $13,800, for Airline Highway Sanitary Sewer design in the MidPort area. Resolution adopted and upon approval by Mayor assigned No. 2019-471. 8. Resolution authorizing the fund transfers outlined below to comply with state law: TO FROM AMOUNT PURPOSE General Fund Trust & Agency Fund $5,679,796.08 Employee benefits General Fund Trust & Agency Fund $634,150.80 Emergency levy Debt Service Fund Tax Increment Financing Fund $3,352,337.76 TIF share of General Obligation principal and Interest Debt Service Fund Sewer Fund $3,080,117.76 Sewer share of General Obligation principal and interest Debt Service Fund Iowa Reinvestment District Fund $129,504.11 Reimburse Debt Service Fund for reinvestment grant funds received planned to be used to pay principal : 2017C bond issue General Fund Tax Increment Financing Fund $40,000.00 Reimburse General Fund for servicc provided by Main Street General Fund Tax Increment Financing Fund $109,370.16 Reimburse General Fund for administrative expenses provided fo TIF projects General Fund Tax Increment Financing Fund $24,250.00 Reimburse General Fund for servicc provided by the Greater Cedar Valk Alliance Capital Projects Fund Tax Increment Financing Fund $558,241.58 San Maman Ansborough Avenue improvements Capital rojects Fund Tax Increment Financing Fund $890.99 San Maman administrative expense: Capital Projects Fund Tax Increment Financing Fund $285,362.00 Northeast Site property acquisitions Capital Projects Fund Tax Increment Financing Fund $30,306.20 Northeast Site Newell Street improvements Capital Projects Fund Tax Increment Financing Fund $15,901.47 Northeast Site land development expenses (surveying, wetlands delineation) Page 8 of 68 June 24, 2019 Page 3 Capital Projects Fund Tax Increment Financing Fund $98,333.50 Northeast Site sanitary sewer construction Capital Projects Fund Tax Increment Financing fund $109,755.55 Northeast Site grading project Capital Projects Fund Tax Increment Financing Fund $427.00 Northeast Site administrative expen Capital Projects Fund Tax Increment Financing Fund $42,161.85 Martin Road sanitary sewer easemei acquisition Capital Projects Fund Tax Increment Financing Fund $572,733.51 Martin Road sanitary sewer and wat main construction Capital Projects Fund Tax Increment Financing Fund $30,000.00 Rath property acquisition Capital Projects Fund Tax Increment Financing Fund $966.00 Rath administrative expenses Capital Projects Fund Tax Increment Financing Fund $89,974.00 East Waterloo Unified - MidPort property acquisitions Capital Projects Fund Tax Increment Financing Fund $117,065.11 East Waterloo Unified - MidPort Leversee area development project Capital Projects Fund Tax Increment Financing Fund $27,368.74 East Waterloo Unified - MldPort Wagner Road sanitary sewer extens. and grading Capital Projects Fund Tax Increment Financing Fund $4,221.00 East Waterloo Unified - MidPort Airline Highway sanitary sewer extension Capital Projects Fund Tax Increment Financing Fund $18,321.99 East Waterloo Unified - MidPort lar development expenses (surveying, platting and Letter of Map Revision Capital Projects Fund Tax Increment Financing Fund $10,185.00 East Waterloo Unified - MidPort administrative expenses Capital Projects Fund Tax Increment Financing Fund $109,952.00 East Waterloo Unified - Logan KW development consulting expense Capital Projects Fund Tax increment Financing Fund $11,951.12 East Waterloo Unified - Logan Historical Survey Capital Projects Fund Tax increment Financing Fund $18,046.10 East Waterloo Unified - Logan Via Rail Yard Public Safety Improveme Capital Improvements Fund Tax Increment Financing Fund $1,000,210.00 East Waterloo Unified - Logan Nort Crossing property acquisition Capital Projects Fund Tax Increment Financing Fund $5,560.77 East Waterloo Unified - Logan prop acquisition Capital Projects Fund Tax Increment Financing fund $50,000.00 East Waterloo Unified - Logan consulting services Capital Projects Fund Tax Increment Financing Fund $150,000.00 East Waterloo Unified - Logan All-] Grocers development incentive payment Capital Projects Fund Tax Increment Financing Fund $2,289.70 East Waterloo Unified - Logan administrative expenses Capital Projects Fund Tax Increment Financing Fund $630.67 Downtown Single Speed project Capital Projects Fund Tax Increment Financing Fund $150,000.00 Downtown Cedar Valley Real Estat development incentive payment Resolution adopted and upon approval by Mayor assigned No. 2019-472. 9. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $78,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Main Street Waterloo. Resolution adopted and upon approval by Mayor assigned No. 2019-473. Page 9 of 68 June 24, 2019 Page 4 10. Resolution approving the use of East Waterloo Unified (Logan Area) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $15,000 for the year ending June 30, 2019 to finance administrative expenses. Resolution adopted and upon approval by Mayor assigned No. 2019-474. 11. Resolution approving the use of Martin Road Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $12,000 for the year ending June 30, 2019 to finance administrative expenses. Resolution adopted and upon approval by Mayor assigned No. 2019-475. 12. Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $42,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). Resolution adopted and upon approval by Mayor assigned No. 2019-476. 13. Resolution approving the use of Rath Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $12,000 for the year ending June 30, 2019 to finance administrative expenses. Resolution adopted and upon approval by Mayor assigned No. 2019-477. 14. Resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $35,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). Resolution adopted and upon approval by Mayor assigned No. 2019-478. 15. Resolution approving the use of East Waterloo Unified (Midport) Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $59,000 for the year ending June 30, 2019 to finance administrative expenses and the contract with Grow Cedar Valley (formerly the Greater Cedar Valley Alliance). Resolution adopted and upon approval by Mayor assigned No. 2019-479. 16. Resolution setting date of public hearing as July 15, 2019, to authorize the sale and conveyance of property located east of 1994 Newell Street, to OFI Properties, LLC, (Con- Trol), in the amount of $1.00, and to approve a Development Agreement with grant funds and tax rebates, and Minimum Assessment Agreement, for the development of a 203,953 square foot building, and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2019-480. 17. Resolution setting date of public hearing as July 8, 2019 to approve the request by DGOGWaterlooia10032018 LLC (Dollar General) of West Plains, Missouri, for a Site Plan Amendment to the "C -P" Planned Commercial District to allow for the construction of a 9,100 square foot Dollar General retail store located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, instructing the City Clerk to publish notice, and rescinding Ordinance No. 5496 in its entirety. Resolution adopted and upon approval by Mayor assigned No. 2019-481. 18. Resolution setting date of public hearing as July 8, 2019 to approve the request by DGOGWaterlooial0032018, LLC, (Dollar General) of West Plains, Missouri, to vacate 1.47 acres of City right-of-way located northeast of the Martin Luther King, Jr. Drive and Idaho Street Intersection, instructing the City Clerk to publish notice, and rescinding Ordinance No. 5497 in its entirety. Resolution adopted and upon approval by Mayor assigned No. 2019-482. Page 10 of 68 June 24, 2019 1. 2. b. Motion to approve the following: a. b. c. a. b. c. d. e. f. g. Page 5 Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Lt. Bose and Sgt. Richter SWAT Command Decision Making and Leadership I School Ames, IA July 22-26, 2019 $2,375 Lt. Duncan Advanced Polygraph School Cape Coral, FL July 21-27, 2019 $2,915 Airport Maintenance/ARFF Staff Airport Wildlife Training Waterloo Regional Airport July 12, 2019 $500 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday The American Legion, 728 Commercial Street C Liquor w/Outdoor Service Renewal 6/14/2020 x Benevolent & Protective Order of Elks #290, 407 E. Park Avenue C Liquor w/Outdoor Service and Catering Renewal 6/30/2020 x Black Hawk Tennis Club, 1005 Black Hawk Road B Beer w/Outdoor Service Renewal 5/31/2020 x Dollar General Store #7136, 66 E. Tower Park Drive B Wine / C Beer Renewal 2/29/2020 x Metro Fuel #4, 2332 Falls Avenue C Beer / E Liquor Renewal 6/30/2020 x Old Skool Lounge, 120 Sumner Street C Liquor w/Outdoor Service Renewal 7/5/2020 x Yesway Store #10022, 1976 Franklin Street C Beer / E Liquor Renewal 7/12/2020 x 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re -Appointment Rosalyn Middleton MET Transit Board June 30, 2022 Re -Appointment Arlene Humble Airport Board June 30, 2022 Re -Appointment Motion approving Cigarette/Tobacco Permit renewal applications as listed in Exhibit A. Bonds. Roll call vote -Ayes: Seven. Motion carried. 146460 - Schmitt/Feuss Resolution approving use of East Waterloo Unified Urban Renewal Area Tax Increment Financing funds, in an amount not to exceed $500,000, for an economic development grant to Central Property Holdings, LLC to develop a grocery store located in the Logan area. Roll call vote -Ayes: Six. Abstain: One (Jacobs due to business reasons). Motion carried. Mr. Schmitt commented that he received several questions over the weekend about the project and requested an overview. Page 11 of 68 June 24, 2019 Page 6 Michelle Weidner, Chief Financial Officer, explained that this action is formalizing the funding mechanism that council approved several months ago and instead of using the general fund or bond money, the project will be funded through TIF. Resolution adopted and upon approval by Mayor assigned No. 2019-483. RESOLUTIONS 146461 - Juon/Feuss that "Resolution approving a 2.5 percent salary increase for non -bargaining employees, effective July 1, 2019", be adopted. Roll call vote -Ayes: Six. Nays: One (Schmitt). Motion carried. Mr. Schmitt questioned who was in the room for negotiating bargaining contracts. Lance Dunn, Human Resources Director, explained that there is no bargaining for this particular item, since it addresses non -bargaining employees. He further explained that the intent was to eliminate wage compression and since most bargaining employees received at least a 2.5 percent increase, if the non -bargaining employees do not receive the same increase, it can create a wage compression issue. Mr. Schmitt commented that the changes at the state level for bargaining employees hasn't really changed anything at this point and he would like to see job reviews and other ways to be more efficient and control spending. He further commented that he is disappointed that the city is dipping into ATE revenue. Lance Dunn explained that council would be receiving a proposed salary schedule and performance appraisals. Mr. Morrissey commented that last year, the proposed salary increase for non -bargaining employees was reduced from 2.5% and created compression issues. Now that the bargaining contracts are approved the bargaining employees need to receive the recommended pay increase. Mrs. Juon commented that the city has great non -bargaining staff and wants to treat them equitably to the union. Mrs. Klein commented on the imbalance that has happened over time in the government union contract process and that the action of state legislature was to help correct that. Mayor Hart commented that the change at the state level separated public safety union employees from the rest of the bargaining employees. He stated that this created gaps in departments among employees. Mr. Morrissey commented that bargaining was delayed due to not having a full council. Resolution adopted and upon approval by Mayor assigned No. 2019-484. 146462 - Juon/Feuss that "Resolution approving partial release of $241,049 in net revenue earned from automated traffic enforcement cameras to be used in the FYE2020 budget", be adopted. Roll call vote -Ayes: Six. Nays: One (Schmitt). Motion carried. David Dryer, 3145 W. 4th Street, commented on the city's use of funds and that if these monies are going to be used for staffing, that should have been planned for in the budgeting process. Michelle Weidner, Chief Financial Officer, explained that it was requested to place this item on the agenda to fund a gap in the budget and approve staffing that was already approved. Forrest Dillavou, 1715 Huntington Road, explained that he does not believe that the funds should be used to cover a gap in the budget and should be used for tax relief. Page 12 of 68 June 24, 2019 Page 7 Todd Obadal, 124 Amity Drive, questioned if the budget shortfall is for FY2019 or FY2020 and if FY2020, does it need to be done right now or could the action take place in FY2020 with further discussion of the purpose of the camera revenue. Michelle Weidner confirmed the funds are for FY2020 and explained the reason it is on the agenda at this time. Mrs. Klein commented that she is disappointed that the city is dipping into the funds but does not want to see layoffs and other repercussion that may follow if the request is not approved, and will therefore support it. Mr. Feuss commented that he hopes that the proposed amount is the high point and that departments will be looking for cost savings to help control costs. Mr. Jacobs commented that it is difficult when setting a budget that you do not know where the contracts will settle and there were increases in health insurance. He explained that the city has to react to unforeseen changes. Resolution adopted and upon approval by Mayor assigned No. 2019-485. 146463 - Juon/Feuss that "Resolution approving renewal of general, automobile, public official's errors & omissions, law enforcement and employment practices liability coverage with Travelers Insurance; excess liability coverage with Allied World; umbrella liability coverage with Brit, and property insurance coverage with Chubb, for a total premium of $1,680,461, with recommendation of approval from the Insurance Committee", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-486. 146464 - Schmitt/Amos that "Resolution approving an agreement between the Waterloo Regional Airport and Livingston Aviation, Inc., for a five (5) year Non -Signatory Air Cargo -Only Aircraft Landing Fee Agreement, for the period July 1, 2019 through June 30, 2024, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-487. 146465 - Schmitt/Amos that "Resolution approving Supplemental Agreement No. 1 to a Lease Agreement with the Federal Aviation Administration, extending the term to lease the general office and storage space located in the Airline Passenger Terminal Building, effective July 1, 2019 through June 30, 2020, and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-488. 146466 - Schmitt/Amos that "Resolution approving an Acquisition Contract with Cedar Valley Tech Works, Inc., in the amount of $1.00, to acquire 2,725 square feet of right-of-way and 582 square feet of temporary easement for the Jefferson Street and Commercial Street Streetscape Improvements Project, located on Lot 4 and Tract G of TechWorks Addition, between Westfield Avenue and Commercial Street, and authorize the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-489. 146467 - Morrissey/Amos that "Resolution approving an Acquisition Contract with Metropolitan Transit Authority, in the amount of $4,970.80, to acquire 1,140 square feet of right-of-way and 1,027 square feet of Page 13 of 68 June 24, 2019 Page 8 temporary easement for the Jefferson Street and Commercial Street Streetscape Improvements Project, located on Lot 28 of Auditor's Falls Avenue and Mullan Avenue Plat, between Westfield Avenue and W. Mullan Avenue, and authorize the Mayor to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-490. 146468 - Morrissey/Amos that "Resolution approving the payment to Grow Cedar Valley (formerly Greater Cedar Valley Alliance) in the amount of $60,750, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-491. 146469 - Morrissey/Amos that "Resolution approving an Amendment to a Development Agreement between CJE Properties, Green Development, and the City of Waterloo, Iowa, changing the completion date of homes to be renovated, and deeding back a lot to the City of Waterloo that was not used for new construction, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote - Ayes: Seven. Motion carried. Noel Anderson provided an overview of the item. Resolution adopted and upon approval by Mayor assigned No. 2019-492. 146470 - Klein/Amos that "Resolution approving an Early Access Agreement with Professional Lawn Care, LLC, of Waterloo, Iowa, to allow earth -moving activities in preparation of development of the site north of 3488 Wagner Road, and authorize the Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4th Street, commented that he believes that early access agreements seem to have a poor track record and questioned the city continuing to enter into them. Resolution adopted and upon approval by Mayor assigned No. 2019-493. 146471 - Klein/Amos that "Resolution approving an Affidavit for release of property sale for an approved project in the Development Agreement with Residential Development Partners, LLC, and authorize the Community Planning and Development Director to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-494. 146472 - Klein/Amos that "Resolution approving Amendment No. 1 to the Professional Services Agreement with Ritland+Kuiper Landscape Architects for final design documents and construction related services for Jefferson and Commercial Streets (River Road to 3rd Street) in Downtown Waterloo, and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2019-495. ORDINANCES 146473 - Amos/Feuss Page 14 of 68 June 24, 2019 Page 9 that "an Ordinance amending the Traffic Code by adding Subsection (18a) Casper Avenue to Section 553, No Parking Here to Corner - Casper Avenue from Upland Drive - east side of Casper Avenue in a southerly direction", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. 146474 - Amos/Feuss that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Nays: Two (Klein and Schmitt). Motion failed. OTHER COUNCIL BUSINESS 146475 - Schmitt/Feuss that a motion approving denial of a Recycling Yard License application for Kevin's Auto & Truck, 953 Fulton Street, expiration April 30, 2019, for failure to provide a bond and failure to allow access for a site inspection, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 146476 - Schmitt/Feuss that a motion approving denial of a Recycling Yard License application for Litzkow Auto Recyclers, 1720 Black Hawk Road, expiration April 30, 2019, for failure to provide a bond, application fee, and access for a site inspection, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Council had a number of questions about the businesses, the current application process and what the next steps would be if denial is approved. Noel Anderson provided some background and explained that Mr. Litzkow has been in the community for a number of years and operates both sites, and that this is not the first time he has failed to meet the annual renewal deadline. He further explained that if the motion to deny is approved, a letter will be sent to Mr. Litzkow notifying him that he is in violation of the city code of ordinance and has 30 days to respond. If there is a continued failure to comply, legal action will be taken. He stated that staff does however, try to work with the businesses to meet the requirements before any legal action would be taken. Council questioned if the ordinance could be changed to include a penalty fee for failure to renew in a timely manner. Noel Anderson confirmed he would work to put those changes together for council review and approval. ADJOURNMENT 146477 - Feuss/Klein that the Council adjourn at 6:28 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk Page 15 of 68 CITY OF WATERLOO Council Communication Resolution approving Variance to Noise Ordinance request from Main Street Waterloo in conjunction with the Mayor's Independence Day Extravaganza on July 6, 2019, from 3:30 p.m. to Midnight to be held at the R iverlo o p Amphitheater, including live music, fireworks and the closure of the Park Avenue bridge during the event. City Council Meeting: 7/1/2019 Prepared: 6/24/2019 REVIEWERS: Department P o ice 1 epa.rt lent Clerk Office Reviewer Payne.„ Co� . Rby, 'Nancy ATTACHMENTS: Description .1x1.4 6th. Mayor's Firm( - s SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Action p p roved. pproved. Type Cover .M._��.. Date .. a p 6 5/ , 19 ,,,,,,, 0:12 AM 6/2 2, . 1 ,,,,,,, 10:17 .AM Resolution approving Variance to Noise Ordinance request from Main Street Waterloo in conjunction with the Mayor's Independence Day Extravaganza on July 6, 2019, from 3:30 p.m. to Midnight to be held at the R iverlo o p Amphitheater, including live music, fireworks and the closure of the Park Avenue bridge during the event. Submitted By: Corbin Payne, Lieutenant Request variance and event approval. Event will be held on the Cedar River, Riverloop Amphitheater, and the Park Ave bridge. This event includes live bands from 4:00 p.m. to midnight and fireworks show from 10 to 10:15 p.m. delivery and pick up of barricades, and police security, fire rescue boat for water control. General fund Page 16 of 68 APPLIC APPLICATION FOR CE TO NOISE ORDIN, fCE APRUCANT'SADORE S APPLICANTS PHO ANTICIPATED D, E OF V of OF DAY OF V GEO( CE: LOCATION OF V CE OF FROM CE: PROPER PLEA E EXPLAIN EVENT INCL E GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL NOISEORDINANCE, SUCH AS A P EXCEED THE CrEY COUNCIL ACTION: A2PROVAL: Police Dept, Re o rtox APPROVAL: DENIAL: DEC BY, Page 17 of 68 CITY OF WATERLOO Council Communication Resolution approving request of William F ettkether for a waiver for a concrete driveway located at 1340 Jersey Lane, and authorize the construction of a concrete driveway and placing a driveway or s id ewaik on city right- of-way on an unimproved street. City Council Meeting: 7/1/2019 Prepared: 6/25/2019 REVIEWERS: Department Reviewer Action Date Engineering Knutson, Jamie Approved 6/25/ .. 1 Q 2:11 t . r C �� �:� � ��,.� f f ice 111 i .�.h Nancy Approved 6 6/2 1 e ,,,,,, 10:418 AM ATTACHMENTS: Description .. Waiver 3l() „J ,m _ fan SUBJECT: Type Cover ]IVB er Resolution approving request of William F ettkether for a waiver for a concrete driveway located at 1340 Jersey Lane, and authorize the construction of a concrete driveway and placing a driveway or sidewalk on city right-of-way on an unimproved street. Submitted by: Submitted By: Jamie Knutson, PE, City Engineer Recommend for approval by the City Engineer. This waiver is needed due to the placement of a driveway or sidewalk on Recommended Action: City right-of-way on an unimproved street. Summary Statement: I have reviewed this request and recommend its approval subject to the following provisions. 1. Work to be performed by an approved and bonded contractor. 2.A permit is to be obtained from the office of the City Engineer prior to construction. 3 . A ll work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: GUERNSEYS ORANGE VIEW PLAT LOT 3 E 1/2 LOT 4 Page 18 of 68 Date: Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: WAIVER, hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk locate. at (concrete or asphalt) v Address) This waiver is needed because of: special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick star ped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade re.uirements, elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: !agree to t e following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2, To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment i the amount of seven dollars ($7.01) for the purpose of recording this agreement. Respectfully submitted, ; ka4 rE- TT 1,„,4 Printed Name of Property Owner Signature of roperty Owner Page 19 of 68 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as July 15, 2019, to authorize the sale and conveyance of property located north of 3488 Wagner Road, to Professional Lawn Care, LLC, in the amount of $1.00, with Development Agreement and Minimum Assessment Agreement for the development of three (3) industrial buildings, and instruct City Clerk to publish said notice. City Council Meeting: 7/1/2019 Prepared: 6/26/2019 REVIEWERS: Department Reviewer Action Date P rov d 6/26/ , 1 9 ....., 0:49 AM ,: F ri�rr� Yy y Approved 6/)/20i19 ....., 10:54 M. ATTACHMENTS: Description eve op_ e..g)re( rit SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Legal Descriptions: Type I ackUp M Resolution setting date of public hearing as July 15, 2019, to authorize the sale and conveyance of property located north of 3488 Wagner Road, to Professional Lawn Care, LLC, in the amount of $1.00, with Development Agreement and Minimum Assessment Agreement for the development of three (3) industrial buildings, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director Set date of hearing The City has owned the land since 2016. Agreement allows for three light industrial buildings to be built. The buildings will be complete by the end of the year and have a minimum assessment of $723,920.00. None NA Policies 1, 3, and 4 in the Strategic Plan dealing with economic development. Not sell Lot 3 & 4, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 20 of 68 Preparer: Christopher S. Wendland, P.O. Box 596, Waterloo, Iowa 50704 (319) 234-5701 After recording, return to Community Planning & Development, 715 Mulberry Street, Waterloo, IA 50703. DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2019, by and between Professional Lawn Care, LLC ("Company"), and the City of Waterloo, Iowa ("City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal, and the City further believes that the project is in the vital and best interests of the City and that the project and such incentives are in accordance with the public purposes and provisions of applicable State and local laws and requirements under which the project has been undertaken and is being assisted. B. Company is willing and able to finance and construct three buildings and related improvements on property located in the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan area, and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, servitudes, conditions and restrictions of record; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) Page 21 of 68 restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title review. 2. Improvements by Company. Company shall construct on the Property three new commercial buildings, in size to be substantially as depicted on the site plan attached hereto as Exhibit "C," and related parking, landscaping, and other improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. Parking shall meet City's minimum requirements based on building use, occupancy, and future intended development on the Property. Company shall submit specific building designs and site plans for City review and approval, as provided in Section 4 below. Company will use its best efforts to obtain, or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Improvements may be lawfully constructed. The Property, the Improvements, and all site preparation and development -related work to make the Property usable as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. Company must obtain a building permit and begin construction within six (6) months from the date of this Agreement (the "Project Start Date") and substantially complete construction within twelve (12) months thereafter (the "Project Completion Date"). If Company has not, in good faith, begun the construction of the Improvements by the Project Start Date, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun by the Project Start Date but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, free and clear of Liens (defined below), and thereupon neither party shall have any further obligation under this Agreement except as expressly stated, 2 Page 22 of 68 provided that Company shall indemnify and hold harmless City as set forth in Section 4. If development has commenced by the Project Start Date or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. 4. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, charge, security interest, mortgage or encumbrance (collectively, "Liens") arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all Liens on or against the Property. Appointment of Attorney in Fact: If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney- in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any Lien or Liens on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees, incurred by City. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any Liens on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City before Company executes any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electricity, gas and other utility services to any location on the Property and for payment of any associated connection fees. 3 Page 23 of 68 7. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of the Minimum Assessment Agreement (the "MAA") attached hereto as Exhibit "B", it will not seek or cause a reduction in the assessed valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $723,920.00 ("Minimum Actual Value"), through: (1) willful destruction of the Property (other than the demolition authorized herein), Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign and deliver the MAA to City concurrently with execution and delivery of this Agreement. 8. Additional Covenants of Company. In addition to the other promises, covenants and agreements of Company as provided elsewhere in this Agreement, Company agrees as follows: A. The Property will have a taxable value as set forth in the MAA, and Company agrees that the minimum actual value of the Property and completed Improvements as stated in the MAA will be a reasonable estimate of the actual value of the Property and Improvements for ad valorem property tax purposes. Company agrees that it will spend enough in construction of the Improvements that, when combined with the value of the Property and related site improvements, will equal or exceed the assessor's minimum actual value for the Property and Improvements as set forth in the MAA. B. Until termination of the MAA, Company will maintain, preserve and keep the Property, including but not limited to the Improvements, in good repair and working order, ordinary wear and tear excepted, and from time to time will make all necessary repairs, replacements, renewals and additions. C. Company shall pay, or cause to be paid, when due, all real property taxes and assessments payable with respect to any and all parts of the Property. Company agrees that (1) it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a 4 Page 24 of 68 defense in any proceedings of any type or nature, including but not limited to delinquent tax proceedings, and (2) it will not seek any tax deferral, credit or abatement, either presently or prospectively authorized under Iowa Code Chapter 403 or 404, or any other state law, of the taxation of real property included within the Property. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. It is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. B. It has all requisite power and authority to own and operate its properties, to carry on its business as now conducted and as presently proposed to be conducted, and to enter into and perform its obligations under this Agreement. C. This Agreement has been duly and validly authorized, executed and delivered by Company and, assuming due authorization, execution and delivery by the other parties hereto, is in full force and effect and is a valid and legally binding instrument of Company that is enforceable in accordance with its terms, except as the same may be limited by bankruptcy, insolvency, reorganization or other laws relating to or affecting creditors' rights generally. D. The execution and delivery of this Agreement, the consummation of the transactions contemplated hereby, and the fulfillment of or compliance with the terms and conditions of this Agreement are not prevented by, limited by, in conflict with, or result in a violation or breach of, the terms, conditions or provisions of the articles of organization or operating agreement of Company or of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which Company is now a party or by which it or its property is bound, nor do they constitute a default under any of the foregoing. E. There are no actions, suits or proceedings pending or threatened against or affecting Company in any court or before any arbitrator or before or by 5 Page 25 of 68 any governmental body in which there is a reasonable possibility of an adverse decision which could materially adversely affect the business (present or prospective), financial position, or results of operations of Company or which in any manner raises any questions affecting the validity of the Agreement or Company's ability to perform its obligations under this Agreement. 11. Indemnification and Releases. A. Company hereby releases City, its elected officials, officers, employees, and agents (collectively, the "indemnified parties") from, covenants and agrees that the indemnified parties shall not be liable for, and agrees to indemnify, defend and hold harmless the indemnified parties against, any loss or damage to property or any injury to or death of any person occurring at or about the Property or resulting from any defect in the Improvements. The indemnified parties shall not be liable for any damage or injury to the persons or property of Company or its directors, officers, employees, contractors or agents, or any other person who may be about the Property or the Improvements, due to any act of negligence or willful misconduct of any person, other than any act of negligence or willful misconduct on the part of any such indemnified party or its officers, employees or agents. B. Except for any willful misrepresentation, any willful misconduct, or any unlawful act of the indemnified parties, Company agrees to protect and defend the indemnified parties, now or forever, and further agrees to hold the indemnified parties harmless, from any claim, demand, suit, action or other proceedings or any type or nature whatsoever by any person or entity whatsoever that arises or purportedly arises from (1) any violation of any agreement or condition of this Agreement (except with respect to any suit, action, demand or other proceeding brought by Company against the City to enforce its rights under this Agreement), or (2) the acquisition and condition of the Property and the construction, installation, ownership, and operation of the Improvements, or (3) any hazardous substance or environmental contamination located in or on the Property, but only to the extent such liability has not been previously transferred to and accepted by the City in writing. C. The provisions of this Section shall survive the expiration or termination of this Agreement. 12. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then any conveyance, benefit or incentive of any type provided by City hereunder within said 180 -day period is subject to reverter of title, revocation, repayment or other appropriate action to restore such 6 Page 26 of 68 property, benefit or incentive to City, and Company agrees to cooperate diligently and in good faith with any reasonable request by City to effectuate the restoration of same, or failing such restoration Company agrees to be liable for same or for the fair value thereof, plus interest on any sums owing at the rate of 10% per annum commencing with the date of demand for payment, if said payment is not remitted to City within 30 days. 13. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 14. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 15. Performance by City. Company acknowledges and agrees that all of the obligations of City under this Agreement shall be subject to, and performed by City in accordance with, all applicable statutory, common law or constitutional provisions and procedures consistent with City's lawful authority. All covenants, stipulations, promises, agreements and obligations of City contained in this Agreement shall be deemed to be the covenants, stipulations, promises, agreements and obligations of City and not of any governing body member, officer, employee or agent of City in the individual capacity of such person. 16. No Third -Party Beneficiaries. No rights or privileges of any party hereto shall inure to the benefit of any contractor, subcontractor, material supplier, or any other person or entity, and no such contractor, subcontractor, material supplier, or other person or entity shall be deemed to be a third -party beneficiary of any of the provisions of this Agreement. 17. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: 7 Page 27 of 68 (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, fax number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, at Attention: Managing Member. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this Section. 18. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 19. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 20. Severability; Reformation. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 21. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 8 Page 28 of 68 22. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 23. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 24. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 25. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA PROFESSIONAL LAWN CARE, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk Managing Member PERSONAL GUARANTY. The undersigned members and/or managers of Company hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein, if any. Liability of guarantors hereunder is joint and several. Dennis Lickteig Andrew Lickteig 9 Page 29 of 68 EXHIBIT "A" Legal Description of Property: Lots 3 and 4, Wagner Road Subdivision, City of Waterloo, Black Hawk County, Iowa. Page 30 of 68 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2019, by and among the CITY OF WATERLOO, IOWA ("City"), PROFESSIONAL LAWN CARE, LLC ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the East Waterloo Unified Urban Renewal and Redevelopment Plan Area, formerly known as the Airport Area Development Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $723,920.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed before December 31, 2020. If they are not, then the parties agree to execute an amendment to this Agreement that will extend the dates specified in Section 2 below. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, Page 31 of 68 2030. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. Nothing herein shall limit the discretion of the Assessor to assign at any time an actual value to the land and Improvements in excess of the Minimum Actual Value. 3. Company agrees that it will not seek administrative review or judicial review of the applicability or constitutionality of any Iowa tax statute or regulation relating to the taxation of real property included within the Property that is determined by any tax official to be applicable to the Property or to Company, or raise the inapplicability or constitutionality of any such tax statute or regulation as a defense in any proceedings. 4. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 5. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 6. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA PROFESSIONAL LAWN CARE, LLC By: By: Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA COUNTY OF BLACK HAWK) ) ss. Managing Member On this day of , 2019, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me 2 Page 32 of 68 personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) LLC. Notary Public Subscribed and sworn to before me on , 2019, by as Managing Member of Professional Lawn Care, Notary Public 3 Page 33 of 68 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than Seven Hundred Twenty -Three Thousand Nine Hundred Twenty Dollars ($723,920.00) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 34 of 68 EXHIBIT "C" Site Plan See attached. Page 35 of 68 CITY OF WATERLOO Council Communication Motion approving Cigarette/Tobacco Permit renewal applications as listed in Exhibit A. City Council Meeting: 7/1/2019 Prepared: REVIEWERS: Department Reviewer Action Date :a.cM Clerk : 0 Mc I hg b , N.ancy Approved 6/28/2( ,./10 AM ATTACHMENTS: Description Type v r n t A ck:up WIaterial SUBJECT: Motion approving Cigarette/Tobacco Permit renewal applications as listed in Exhibit A. Page 36 of 68 KWIK STOP 3 1104 WASHINGTON STREET KWIK STOP 4 515 BROADWAY STREET PRIME MART #1 3535 MARIGOLD DRIVE SHWE NYIKO MARKET 911 COMMERCIAL STREET Page 37 of 68 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 7/1/2019 Prepared: REVIEWERS: Department Reviewer Action Date Clerk 017fice igby, -Nancy- Approve 6/26/2( ;:4 PM ATTACHMENTS: Description Type i1 onds .for c approval 7. . 9 13 cku SUBJECT: Bonds. t Page 38 of 68 BONDS FOR COUNCIL APPROVAL July 1, 2019 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 3399051 DENNIS EVEN GILBERTVILLE, IA Page 39 of 68 CITY OF WATERLOO Council Communication Riverloop Public Market Fire Suppression Project. City Council Meeting: 7/1/2019 Prepared: 6/12/2019 REVIEWERS: Department Reviewer Action Date Planning & : fling .g S chroec er, A is p:l. ro v e 6/. :49 Clerk . llic1: eAn . Approved 6/ "6/ ' ATTACHMENTS: Description Type notice or l ro o ed. l ub he 1,. Cover e, o n. tice o. Public 1....1 earl g Cover . 1 �. UldtR.of BackupMate ei.a SUBJECT: Submitted by: 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, file and instruct City Clerk to read bids. Resolution awarding bid to Black Hawk Sprinkler of Cedar Falls, Iowa, in the amount of S68,765, and approving the contract, bond and certificate of insurance, in conjunction with the Riverloop Public market Fire Suppression Project, and authorize the Mayor and City Clerk to execute said documents. Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approval Expenditure Required: Unknown S ource of Funds : Building Maintenance Page 40 of 68 NOTICE OF PROPOSED PUBLIC IMPROVEMENTS Notice is hereby given, in accordance with Section 26.12 of the 2016 Code of Iowa, applicable to the City Council of the CITY OF WATERLOO. The said City Council proposes to construct RIVERLOOP PUBLIC MARKET FIRE SUPPRESSION FOR THE CITY OF WATERLOO, IOWA. Work of project includes the installation of a fire suppression sprinkler and fire alarm systems at the RiverLoop Public Market located at 327 W. 3rd St., Waterloo, IA 50701, with a cost estimate of $65,000.00. Proposed Drawings and Specifications, as well as proposed form of contract have been adopted therefore by the said Council, and copies of said construction contract documents are now on file and available for inspection at CITY OF WATERLOO. A public hearing at which any and all interested persons may appear and file objection to said proposed Drawings, Specifications, Form of Contract for, or cost of such improvements will be held as provided by law in the CITY OF WATERLOO, 715 MULBERRY STREET, WATERLOO, IA 50703. The time of the public hearing is hereby set at . M. (Local Time) on July 1, 2019. DATED AT: WATERLOO, IA 50703, this day of 2019. BY ORDER OF: CITY OF WATERLOO BY: KELLEY FELCHLE, CITY CLERK Page 41 of 68 NOTICE OF PUBLIC HEARING On Specifications and Form of Contract NOTICE TO BIDDERS For the Taking of Request for Proposals For the RIVERLOOP PUBLIC MARKET FIRE SUPPRESSION PROJECT In the City of Waterloo, Iowa RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on June 27, 2019, until 1:00 p.m. for the RIVERLOOP PUBLIC MARKET FIRE SUPPRESSION project, as described in detail in the specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall in the City of Waterloo, Iowa, on June 27, 2019, at 1:00 p.m., local time, and the proposals will be acted upon at such later time and place as may then be fixed. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed specifications and form of contract for the Riverloop Public Market Fire Suppression project at 5:30 p.m. on July 1, 2019, said hearing to be held in the Harold E. Getty Council Chambers in the City Hall in said City. The proposed specifications and form of contract for 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 with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK Bidder is to provide a scope of work as to what they will provide with their proposals. This scope of work should include and not be limited to just what is provided under their proposal, but what items if any are to be excluded from the proposal. Work of project includes the installation of a fire suppression sprinkler and fire alarm systems at the RiverLoop Public Market located at 327 W. 3rd St., Waterloo, IA 50701, with a cost estimate of $65,000.00. Proposed Drawings and Specifications, as well as proposed form of contract have been adopted therefore by the said Council, and copies of said construction contract documents are now on file and available for inspection at CITY OF WATERLOO. If items are to be excluded, they should be listed under an exclusion section of the Bidders proposal. Tests on equipment should follow manufacturer and State of Iowa requirements and should be included with this proposal. Bidder to include pricing for after-hours service calls. Bidder to note anticipated response time from initial contact to service work. (Speed of Service) Bidder shall include in their proposal any price adjustment provisions that may be needed down the road. Page 42 of 68 CONTRACT/PROJECT TO COMMENCE: Contract shall commence on or after July 2, 2019, and signing of the contract. Two (2) original signed contracts to be furnished by the successful bidder to be approved by the City Council and signed by the Mayor. By virtue of statutory authority, the company shall give preference to Iowa Domestic Labor, and products produced within the State of Iowa according to the provisions of the Code of Iowa as amended. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED Each bidder shall accompany the bid with a bid security by a bid bond, cash deposit, Cashier's Check or Certified Check on a solvent bank chartered under the laws of the United States and in accordance with the requirements of Section 384.97 of the Iowa Code as amended, in the amount of not less than 5%of the total first year of the proposed project. Bid security shall be made payable to the City of Waterloo. Bid security shall be submitted in a separate sealed envelope and be affixed to the bid. The envelope shall have the company name and address clearly stated along with being labeled as "Bid Security". Bid Security shall be returned to the bidders who were not awarded the contract, upon signing of the Contract. NO FAXED BIDS WILL BE ACCEPTED UNDER ANY CIRCUMSTANCES. 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 14th day of May 2018. CITY OF WATERLOO, IOWA Kelley Felchle City Clerk Page 43 of 68 Intentionally Left blank Page 44 of 68 Riverloop Public Market Fire Suppression Project Bid Tab: June 27, 2019 Estimate: $65,000.00 Bidder Bid Security Bid Amount Blackhawk Sprinklers, Inc. Cedar Falls, IA 5% $68,765.00 Continental Fire Sprinkler Company Davenport, IA 5% $85,000.00 Elite Fire Sprinkler Systems Hiawatha, IA 5% $45,900.00 Page 45 of 68 CITY OF WATERLOO Council Communication Terminal Building Carpet, LED Lighting and Improvements, Project No. 9I190ALO200. City Council Meeting: 7/1/2019 Prepared: 6/26/2019 REVIEWERS: Department Aimort Reviewer i ven, i.:.,c mmmm. Action Date Approved d 6/2 2f „ ATTACHMENTS: Description Type N otUcce to B i.• ,..erCover � a CI Notice to H� m.d �:.em ,,,,,,, Lighting mgh tm:m.�m C. ov(r .Me ma o SUBJECT: 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, file and instruct City Clerk to read bids and refer to Airport Director for further review. Submitted by: Submitted By: Keith Kaspari, Airport Director Recommended Action: Award bids to contractors. Expenditure Required: $$ Page 46 of 68 NOTICE TO BIDDERS For the Taking of Construction Bids For the Terminal Building Carpet - TERMINAL IMPROVEMENTS WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa IDOT CSVI PROJECT NO. 91190AL0200 IDOT CONTRACT NO. 20601 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 27th of June, 2019, until 1:00 p.m. for the construction of the Terminal Building Carpet - TERMINAL IMPROVEMENTS, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 27th day of June, 2019, 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. PRE-BID MEETING A pre-bid meeting for this project will NOT be held, but contractors are urged to make a site visit and familiarize themselves with existing conditions. Bidders shall arrange an individual site visit prior to Bidding by contacting the Airport Director at (319)291-4483. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on July 1, 2019, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The project is to replace carpet in the first floor area of the Terminal Building. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before November 1, 2019. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. NOTICE TO BIDDERS AECOM 60600098 CSVI 91109AL0200 Terminal Bldg Carpet -Terminal Img CONTRACT NO. 20601 ar#7 of 68 PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, which plans and specifications, and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from AECOM upon receipt of a $25.00 refundable deposit (CHECK ONLY). Deposits will be refunded if the plans are returned in usable condition (i.e. free of highlights, ink markings, tears, stickers, water stains and soiling) to the AECOM Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. The deposit policy shall apply to the prime contractor awarded the project for all plans and specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned. Upon award of project, the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest total bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. 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 bond, (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 bond will be held as security that the Bidder will enter into a Contract for the construction of the 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, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be NOTICE TO BIDDERS AECOM 60600098 CSVI 91109AL0200 Terminal Bldg Carpet-TerminalIm K4I: CONTRACT NO. 20601 ritp of 68 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. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond 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 operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. PREDETERMINED WAGE RATE Predetermined wage rates do not apply to work on this project. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. NOTICE TO BIDDERS AECOM 60600098 CSVI 91109AL0200 Terminal Bldg Carpet -Terminal Img CONTRACT NO. 20601 rii 9of68 PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. BIDDER STATUS Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. 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. NOTICE TO BIDDERS AECOM 60600098 CITY OF WATERLOO, IOWA CSVI 91109AL0200 Terminal Bldg Carpet -Terminal Im CONTRACT NO. 20601 p ;gip Of 68 NOTICE TO BIDDERS For the Taking of Construction Bids For the Terminal Building LED Lighting - TERMINAL IMPROVEMENTS WATERLOO REGIONAL AIRPORT In the City of Waterloo, Iowa IDOT CSVI PROJECT NO. 91190AL0200 IDOT CONTRACT NO. 20601 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 27th of June, 2019, until 1:00 p.m. for the construction of the Terminal Building LED Lighting - TERMINAL IMPROVEMENTS, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in the First Floor Conference Room at City Hall, in the City of Waterloo, Iowa, on the 27th day of June, 2019, 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. PRE-BID MEETING A pre-bid meeting for this project will NOT be held, but contractors are urged to make a site visit and familiarize themselves with existing conditions. Bidders shall arrange an individual site visit prior to Bidding by contacting the Airport Director at (319)291-4483. PUBLIC HEARING The Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on July 1, 2019, said hearing to be held in the Harold E. Getty Council Chambers in City Hall in said City. SCOPE OF WORK The project is to convert existing florescent tube type area fixtures on the first floor of the Terminal Building to LED type fixtures. The project also includes installation of an interior door on the first floor of the Terminal Building. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before November 1, 2019. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. NOTICE TO BIDDERS CSVI 91109AL0200 Terminal Bldg LED Lighting -Terminal AECOM 60600098 CONTRACT NO. 20601 u •4 plot g1 of 68 The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, which plans and specifications, and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from AECOM upon receipt of a $25.00 refundable deposit (CHECK ONLY). Deposits will be refunded if the plans are returned in usable condition (i.e. free of highlights, ink markings, tears, stickers, water stains and soiling) to the AECOM Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any plans received after the 14thconsecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. The deposit policy shall apply to the prime contractor awarded the project for all plans and specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned. Upon award of project, the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest total bid. The City reserves the right to reject any or all bids, re -advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. 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 bond, (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 bond will be held as security that the Bidder NOTICE TO BIDDERS CSVI 91109AL0200 Terminal Bldg LED Lighting -Terminal AECOM 60600098 CONTRACT NO. 20601 LI •4 • rg-' of 68 will enter into a Contract for the construction of the 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, his bid security may be retained by said City as agreed 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. PERFORMANCE & PAYMENT BONDS The successful bidder will be required to furnish a "Performance Bond" and a "Payment Bond" within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bond 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 operations of the contractor. MAINTENANCE BOND Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. CONTRACT COMPLIANCE PROGRAM / SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good -faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. PREDETERMINED WAGE RATE Predetermined wage rates do not apply to work on this project. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. NOTICE TO BIDDERS CSVI 91109AL0200 Terminal Bldg LED Lighting -Terminal AECOM 60600098 CONTRACT NO. 20601 LI •4 • Ai of 68 This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE -CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. BIDDER STATUS Attention of bidders is called to compliance with the provisions of the Resident Bidder/Non-Resident Bidder requirements. Each bidder submitting a bid shall execute and include with the bid, a Bidder Status Form in the form herein provided. Failure to submit a fully completed Bidder Status Form with the bid may result in the bid being deemed nonresponsive and rejected. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. 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. NOTICE TO BIDDERS CITY OF WATERLOO, IOWA CSVI 91109AL0200 Terminal Bldg LED Lighting -Terminal AECOM 60600098 CONTRACT NO. 20601 u-_:'04 of 68 CITY OF WATERLOO Council Communication Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $552,248.60, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2019 Jefferson and Commercial Streetscape Improvements, Contract No. 976, and authorizing the Mayor and City Clerk to execute said documents. City Council Meeting: 7/1/2019 Prepared: 6/25/2019 REVIEWERS: Department Reviewer Action Date E ,,,, neeri Knutson., Jamie . pprov d. 6/25/ 19 ;:11 P Y. r Clerk Olfi tm;vem , I...,A�.rm. . prove d. 6/)5/2: 9 „ 5:03 PM ATTACHMENTS: Description id Tabulation. SUBJECT: Type ackap M Resolution approving award of bid to Lodge Construction, Inc., of Clarksville, Iowa, in the amount of $552,248.60, and approving the contract, bonds, and certificate of insurance in conjunction with the FY 2019 Jefferson and Commercial Streetscape Improvements, Contract No. 976, and authorizing the Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Matt Schindel, Associate Engineer S ource of Funds : Black Hawk County Gaming funds Page 55 of 68 FY2019 Jefferson and Commercial Streetscape Cont. No. 976 Bid Tab: May 30, 2019 Estimate: $651,528 Bidder Bid Security Bid Amount Vieth Construction Corporation Cedar Falls, Iowa 5/0 o $618,959.40 Lodge Construction Clarksville, IA 5% $533.226.60 Mintum, Inc. Brooklyn, IA 5 $619,219.90 Page 56 of 68 CITY OF WATERLOO Council Communication Resolution approving temporary "No Parking This Side" signs on the east and west sides of the 100 and 200 blocks of North Hackett Road for approximately one (1) week, beginning the week of July 1, 2019, due to tanker trucks navigating from the Hackett Lift Station, in conjunction with the Cattle Congress Sanitary S ewer Force Main Repair Project. City Council Meeting: 7/1/2019 Prepared: 6/27/2019 REVIEWERS: Department Traffic c Opena , ns SUBJECT: Reviewer �fvcri,][.....n Action Date A pprov (1 6/2//20 9 ,,,,,, 9 1: Resolution approving temporary "No Parking This Side" signs on the east and west sides of the 100 and 200 blocks of North Hackett Road for approximately one (1) week, beginning the week of July 1, 2019, due to tanker trucks navigating from the Hackett Lift Station, in conjunction with the Cattle Congress Sanitary Sewer Force Main Repair Project. Submitted by: Submitted By: Sandie Greco, Traffic Operations Director Recommended Action: Approve Resolution Summary Statement: Tanker Trucks need the clearance to safely drive from the Hackett Lift Station to Rainbow Drive on N. Hackett Road Page 57 of 68 CITY OF WATERLOO Council Communication Ordinance amending the 2008 Traffic Code by adding Subsection (18a) Casper Avenue to Section 553, No Parking Here to Corner -Casper Avenue from Upland Drive - east side of Casper Avenue in a southerly direction. City Council Meeting: 7/1/2019 Prepared: 6/11/2019 REVIEWERS: Department �f .. :ba Mc Operations ATTACHMENTS: Description Ordinance Cha ige SUBJECT: Submitted by: Recommended Action: Summary Statement: Policy Issue: Reviewer Even, 1.:. eAnn Action .Approved Type Cover .M �..o Date 6/12/2 : ,„ Motion to receive, file, consider and pass for the third time and adopt an Ordinance amending the 2008 Traffic Code by adding Subsection (18a) Casper Avenue to Section 553, N o Parking Here to Corner - Casper Avenue from Upland Drive - east side of Casper Avenue in a southerly direction. Submitted By: Sandie Greco, Traffic Superintendent Adopt Ordinance A safety issue for turning traffic from Upland Drive onto Casper Avenue while vehicles are parked on the east side of the street. Concerned citizens and Sanitation employees have brought this safety issue to our attention. Strategy 2.2: Enlist all City departments and staff members in efforts to promote a safer community. Page 58 of 68 ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY ADDING SUBSECTION (18a) GASPER AVENUE TO SECTION 553, NO PARKING HERE TO CORNER, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (18a) Casper Avenue of Section 553, No Parking Here to Corner, of the 2008 Traffic Code, is hereby added as follows: (18a) Casper Avenue From Upland Drive --East side of Casper Avenue in a Southerly direction. PASSED AND ADOPTED by the City Council this day of June, 2019, and approved by the Mayor this day of June, 2019. Quentin Hart, Mayor ATTEST: Kelley Felchle, City Clerk Page 59 of 68 CITY OF WATERLOO Council Communication Leisure Services Commission minutes of May 14, 2019. City Council Meeting: 7/1/2019 Prepared: REVIEWERS: Department 11....deisure Services Clerk .iffice Reviewer Action Date uting, P aul Approved 6/2 /2019 ...... 12, :30 P M Even, 11....deArm .Approved 6/»1/2019 ...... 12:48 PM_ ATTACHMENTS: Description Type 0 05/14-/201.9 .minutes Cover 'Memo SUBJECT: Leisure Services Commission minutes of May 14, 2019. Submitted by: Submitted By: Page 60 of 68 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, May 14, 2019 Waterloo City Council Chambers City Hall Second Floor 715 Mulberry Street Brenda Durbahn called the meeting to order at 7:32am. Present: Brenda Durbahn, Jaclyn Spencer, Tom Powers, Sharon Samec, Xavier Leonard, Tom Christensen, Bob Bamsey, Council Liaison Steve Schmitt, Council Persons Pat Morrissey and Margaret Klein, Tim Jamison WCF Courier Staff: Paul Huting, JE3 Bolger, Chris Dolan, Travis Nichols, Bill Bachman, Mark Gallagher Brenda Durbahn called for approval of the agenda. Motion to approve agenda by Sharon Samec second by Tom Powers. Ayes: All. Nays: None Brenda Durbahn called for motion for approval of the 04/12/2019 meeting minutes. Motion by Tom Christensen to approve minutes, second by Tom Powers Ayes: All Nays: None Brenda Durbahn called for approval of the bills. Motion by Sharon Samec to approve bilis, second by Tom Christensen Ayes: All Nays: None PLANNING AND ZONING DEPARTMENT PARK LAND SALE PROPOSALS Noel Anderson, Community Planning and Development Director presented a work session to City Council about potential property sales for residential developments. Three of the proposed sites are park properties or open spaces managed by Leisure Services. Director Paul Huting, Chairperson Durbahn, Council Liaison Schmitt, and Chair Ramsey have toured the sites in questions with planning and engineering staff and some Council members. Leisure Staff has received much communication from residents expressing their concern with selling park land. Many residents were present at the meeting to voice their concerns over selling parks and green space properties. Many approached the podium to verbally share their concerns. Petitions were presented to the commission. The Park Committee will meet Tuesday, May 21 t to tour the parks and green space areas under consideration. They will bring back a recommendation to the full Leisure Services Commission. STAFF UPDATES Brenda left the meeting at 9:00. Vice Chair Forestry — Todd Derifield Signs were placed in the Katoski Greenbelt concerning equestrian use of the area. Mowing the parks and city rights of way has started. Crews are working on tree maintenance. The PLANT Waterloo Tree program distributed 250 trees made possible by a donation from the Young Family Foundation. Multiple tree planting projects have started, planting 252 trees in city parks. A controlled prairie burn took place in the Greenbelt Area. Page 61 of 68 Construction — Travis Nichols Docks are in. The seating project at Riverfront Stadium is nearing completions. Rip Rap was replaced behind the boathouse. Summer garbage and shelter routes are being run. The agility feature at the Dog Park has been well received. Signed contracts are in place fort e improvements at Lincoln Park. Golf and Downtown Area B Bolger Mowing is taking place at all iodations. The Splash Pad will open Memorial Day. controlled prairie burn took place at South Hills. Young Arena — Chris Dolan The Black Hawks will hold a camp June 6-8 for 50 to 60 players up for draft. Working on various projects at the arena; roof repair, cold zone repair, ventilation in the compressor room, ice plant relief valves, outdoor landscaping and replacing lights above the ice. Sports and SportsPlex — Mark Gallagher SportsPlex continues to be busy. Summer sports programs have started. Updates at Sullivan Park ball diamond are scheduled to be done by mid-June. Preparing pools for opening. The next regular Leisure Services Commission Meeting will be held Tuesday, June 11, 2019 at the 1101 Campbell office. Bob Garnsey will not be at the meeting. Jaclyn Spencer asked for motion to adjourn. Motion by Sharon Samec to adjourn, second by Tom Po i- rs. Adjourned at 9:1 Gam. 44 Sharon Samec, Secretary 1 - 1 Signed this Date Page 62 of 68 CITY OF WATERLOO Council Communication Airport Board Meeting minutes of May 28, 2019. City Council Meeting: 7/1/2019 Prepared: 6/25/2019 REVIEWERS: Department Reviewer Action Date Airport K...aspari, Keith Approved 6/25/2019 ...... 543 "PM1 Clerk iffice 11 by N [Icy- Approved 6/26/2019 ...... 10:48 AM ATTACHMENTS: Description Type 0 .Airport _Board. "Meeting 'Minutes, May 28, 2019 Cover 'Memo SUBJECT: Airport Board Meeting minutes of May 28, 2019. Submitted by: Submitted By: Keith Kaspari, Airport Director Page 63 of 68 MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday, M 28, 2019 L ROLL CALL Chairman Hugh Field called the meeting to order at 12:02 p.m. Board Members Present: Scott Voigt, Chuck Needham and Hugh Field. Cary Darrah joined the meeting at 12:30. Board Members Absent: Arlene Humble, Gwenne Berry and Dr. Linda Allen. City Officials Present: Councilmember Margaret Klein. Airport Staff Present: Keith Kaspari, Airport Director and Sheila Combs, Airport Bookkeeper. Other Attendees: Doug Schindel, A C M; Lyra Moller, David Deeds. H. AGENDA AS RECEIVED OR AMENDED M. PUBLIC COMMENTS None. Iv. REPORTS A. Airport Director Mr. Field asked about the removal of trees and whether those were ash trees. Mr. Kaspari confirmed that they were. Mr. Field asked if there would be extra funding through the IDOT CSVI program. Mr. Kaspari confirmed that the Governor has signed the bill, providing an additional $400,000 to Iowa' s Commercial Service Airports, and as a result, ALO would receive approximately $129,000, or an estimated $27,000 additional for -2020, Mr. Field asked for an update on the possible FAA TRACON realignment. Mr. Kaspari stated that we likely will not hear anything from the FAA until late summer, yet if the FAA do decide to keep Waterloo in their realignment plan it could be a 2, 3 or 4 -year transition. Mr. Field asked Mr. Kaspari to reach out to our legislators again to ask if they have, or if they will, take additional action other than the letters of support previously provided. 1 Page 64 of 68 Mr. Field asked where we stand with United Airlines. Mr. Kaspari stated that he has left voicemails and numerous emails requesting a meeting, yet there has been no response. Mr. Field suggested that Mayor Hart should place a call to request a meeting, as he may have better luck getting a response. B. Monthly Planning & Development Report — N/A C. Legislative Information N/A D. Misc. Monthly Airport Reports In reviewing the YTD udget, Mr. Field asked if we were going to finish the year in the red. Mrs. Combs pointed out the Year End Projections report and that it shows a projected surplus of $15,000, however she stated that we are making year-end purchases to get as to get as close to breaking -even as possible. Mr. Voigt moved that reports be received and placed on file, seconded by Mr. Needham. Ayes: 3. Motion carried. V. BOARD APPROVAL A. Approval of Minutes of the March h 2 , 2019 Regular Meeting Moved by Mr. Needham, seconded by Mr. Voigt, that the minutes of the March 26, 2019 meeting be approved. Ayes: 3. Motion carried. B. Approval of Minutes of the March 29, 2019 Special Meeting Moved by Mr. Needham, seconded by Mr. Voigt, that the minutes of the March 29, 2019 meeting be approved. Ayes: 3. Motion carried. C. Motion to Receive and File March 2019 Expenses Moved by Mr. Needham, seconded by Mr. Voigt, that. the March 2019 expenses be received and filed. Ayes: 3. Motion carried. D. Motion to Receive and File April 2019 Expenses Moved by Mr. Needham, seconded by Mr. Voigt, that the April 2019 expenses be received and filed. Ayes: 3. Motion carried. Page 65 of 68 E. Approval of T -Hangar Lease Agreement with Brett Taake Moved by Mr. Voigt to approve agreement; seconded by Mr. Needham. Ayes: 3. Motion carried. VL OLD BUSINESS A. Scheduled Air Service: Frequent Delays (General Discussion) Mr. Kaspari detailed numerous examples of extended delays and members discussed American's YTD On-time Performance. David Deeds stated that the 75% of flights on-time this year is pretty standard industry -wide. Mr. Deeds pointed out that it would be nice to be able to compare the percent of cancellations here to American's flights out of 'Mare. B. Hangar No: 4 Update: General Discussion. Mr. Kaspari stated that additional mold and asbestos has been found in Hangar 4. He would not feel comfortable leasing the hangar with these environmental concerns. Staff will likely need to dedicate FY 2020, and FY -2021 IDOT CSVI funds to mitigate the mold and asbestos in addition to other physical improvements such as tuck pointing the exterior concrete block on the west, north and east faces of the building, significant interior painting and wall repair, floor repair, replace the main aircraft door, and misc. others. Cary Darrah joined the meeting at 12:30 and Mr. Field asked that votes taken earlier be re -done, pith a quorum. All votes were ratified (and minutes to reflect these ratified votes). C. New Hangar Development Agreement — A -Line ALO, LLC (General Discussion) Mr. Kaspari stated that the project, as approved by City Council, not just meets all FAA requirements — but the setback location of the hangar exceeds the requirements by the FAA Advisory Circular. Mr. Kaspari continued that Staff will be meeting with engineering staff from. Mid - American Energy to discuss electrical service needs and the future replacement of very old electrical service equipment located on the landside area of the airport complex. 3 Page 66 of 68 D. Capital Improvement Program — Department Update Mr. Kaspari reviewed handouts showing Airport C.IP requests to the City and amounts approved for FY -2020. of the $605,000 requested, $130,000 was approved, including $80,000 for Terminal Area Parking Lot Pavement Rehab. AECOM estimates for the rehab of the Employee, Livingston and Hangar 4/Fire Station parking lots, at $1,133,505, were reviewed. Discussion. followed. VII. NEW BUSINESS A. Review of Third Quarter and FYTD Parking Revenue No discussion. B. Aircraft/Airfield Mechanic — General Discussion Mr. Kaspari stated that he plans to reach out to Livingston Aviation owners to see whether they will be hiring a full-time mechanic to replace the one they recently lost. Lynn Moller stated that, in his opinion, there is likely not enough business . ALO to support a full-time mechanic. C. Discussion of Future Parking Lot Rehabilitation — Employee F Hangar 4 & Fire Station. Previously discussed. D. Update: General Discussion of Bidding Airline Passenger Terminal Custodial Services Mr. Kaspari recounted Gwenne Berry's bad experience with janitorial service and lack of products in the secure area restrooms during an extended delay recently. Mr. Kaspari stated that he would like to take bids for janitorial, as this has been on a year-to-year basis with Marsden Custodial Services for many years. Mr. Field requested that Mr. Kaspari prepare an RFP and bring it back to the Board to review. E. Future Date to Hold Broad Based Strategic Planning Meeting (General Discussion) Mr. Kaspari stated that we may have new Board members, pending Arlene Humble's decision on a second four-year tern, and with Linda Alien' s upcoming retirement she will likely resign from the Airport Board but would like her successor at Hawke re Community College to take over her spot. A future fall meeting is the earliest this meeting could be scheduled. Page 67 of 68 F. Board Recognition of Grow Cedar Valley — Air Service Working Group Mr. Kaspari stated that the Air Service Working Group, introduced to the Board during the March meeting, would like to be formally recognized by the Airport Board. Mr. Deeds explained the group came together as Cedar Valley business persons with a mission to improve eorr ercial air service in the Cedar Valle . They are currently meeting bi-weekly and would welcome any Airport Board members who would like to attend. Mrs. Farrah stated that they have been in touch with representatives from Sioux City, who have been very helpful with sharing information on what worked for them to be able to expand their air service from two daily flights to Chicago under the EAS Program to three flights per day to Chicago — in addition to one daily flight to Dallas/Fort Worth currently, with no EAS Subsidy. They may also be expanding to add a second airline soon (expected to be United for service to Denver), as a 2018 recipient of USDOT SCASD grant funds at. $600,000 VIM STAFF AND OA I MEMBER COMMENT None. IX. ADJOURNMENT Hearing no objections, Mr. Field adjourned the meeting at 1:20 p.m. Respectfully submitted, 5 Page 68 of 68