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June 25, 2012
AMENDED THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, JUNE 25, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tern) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1)time per item for a maximum of three(3)minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Harold Getty, Ward 3 Council Member. June 25, 2012 Page 2 Agenda, as proposed or amended. Minutes of June 18, 2012, Regular Session, as proposed. Swearing-In of the following Police Officer: Adam Liddle. Proclamation recognizing July 13-14, 2012 as the 2012 Promise Keepers National Conference at the UNI Dome titled "Called Out". 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Request of James Schroeder for an asphalt driveway to be located at 122 Lichty Boulevard, together with recommendation of approval of City Engineer. Submitted by Eric Thorson, P.E., City Engineer 3. Request of Nathan Voaklander for a concrete driveway to be located at 1529 Wakonda Drive, together with recommendation of approval of City Engineer. Submitted by Eric Thorson, P.E., City Engineer 4. Authorizing the transfer of $8,787,641.37 from Fund 200, Trust & Agency Fund, to Fund 010, General Fund to reimburse the general fund for eligible employee benefits expenses. (Explanation: The tax levy for the fiscal year ending June 30, 2012 included a portion for employee benefits that is deposited to the trust fund (Fund 200) when collected and is subsequently available for transfer to the general fund to reimburse the general fund for employee benefits. Under state law, amounts received for the employee benefits levy are required to be deposited into the separate Trust & Agency fund and transferred to the general fund for eligible expenses. There is a printout of expenses that qualify to be paid by this levy available in City Clerk/Finance office for review.) 5. Authorize the adjustment of the transfer from Fund 200, Trust & Agency Fund, based on actual benefit costs related to the payroll to be paid June 20, 2012. 6. Authorizing the transfer of$577,936.68 from Fund 200, Trust & Agency Fund, to Fund 010, General Fund to reimburse the general fund for the amount of the emergency levy received. (Explanation: Under state law, amounts received for the emergency levy are required to be deposited into the separate Trust & Agency fund and transferred to the general fund for eligible expenses.) June 25, 2012 Page 3 7. Authorizing the transfer of$46,752.00 from Fund 010, General Fund to Fund 100, Debt Service Fund in payment of debt payments made during FYE12 for the Five Sullivan Brothers Convention Center renovation. (Explanation: This transfer is made in accordance with Council's decision to repay the bonds issued June 2002 for renovations at the Convention Center with hotel/motel taxes.) 8. Authorizing the transfer of$400,480.00 from Fund 010, General Fund to Fund 100, Debt Service Fund in payment of the Vision Iowa portions of general obligation bond principal and interest. (Explanation: This transfer is made in accordance with Council's decision that the annual distributions from the Black Hawk County Solid Waste Commission be used to pay the required matching contribution for the Vision Iowa project.) 9. Authorizing the transfer of $2,478,411.36 from Fund 101, Tax Increment Financing Fund to Fund 100, Debt Service Fund for the TIF portions of general obligation bond principal and interest paid during the fiscal year ending June 30, 2012. (Explanation: Under state law, TIF revenue collected that is used to make debt service payments on general obligation bonds for TIF projects must be received into the TIF fund and transferred to the debt service fund.) 10. Authorizing the transfer of$2,408,823.50 from Fund 520, Sewer Fund to Fund 100, Debt Service Fund. This transfer is for the sewer fund portion of general obligation bond principal and interest paid during the fiscal year ending June 30, 2012. (Explanation: Under state law, sewer revenue collected that is used to make debt service payments on general obligation bonds for sewer projects must be received into the sewer fund and transferred to the debt service fund.) 11. Authorizing the transfer of$942,575.48 from Fund 010, General Fund, to Fund 424, Vision Iowa Projects Fund. This transfers a portion of the distributions from the Black Hawk County Solid Waste Commission to the Vision Iowa Projects Fund to pay for construction and related engineering services for the Riverwalk Loop, Cedar River Plaza and the Amphitheatre. 12. Authorizing additional transfers from Fund 010, General Fund, to Fund 424, Vision Iowa Projects Fund in an amount to cover all additional expenses incurred through June 30, 2012 not previously transferred. 13. Authorizing the transfer of$958,144.31 from Fund 521, Storm Water Fund, to Fund 424, Vision Iowa Projects Fund for the portion of the Cattle Congress Pump Station contract funded with storm water fees. 14. Authorizing additional transfers from Fund 521, Storm Water Fund, to Fund 424, Vision Iowa Projects Fund in an amount to cover all additional expenses incurred through June 30, 2012 not previously transferred. June 25, 2012 Page 4 15. Authorizing the transfer of $1,007,516.83 from Fund 101, Tax Increment Financing Fund to Fund 426, Capital Improvements Fund to reimburse amounts paid for the following projects: 1. L&H Farms land purchase $ 751,943.25 2. San Marnan environmental site assessment 5,999.28 3. Secor Railroad Spur Project 94,776.85 4. 123 Stanley Court land purchase 100,000.00 5. 1823 Black Hawk land purchase 12,237.92 6. Rick McCloud lien release 7,258.75 7. Martin Road sanitary sewer design 1,505.00 8. Failor-Hurley economic development grant 17.00 9. Downtown TIF expansion 1,063.75 10. Government Relations contract 8,000.00 11. CVS Pharmacy site development services 610.10 12. Techworks development services 24,104.93 Total $ 1,007,516.83 (Explanation: Under state law, TIF revenue collected that is used directly for TIF projects must be received into the TIF fund and transferred to the capital projects fund.) 16. Authorizing additional transfers from Fund 101, Tax Increment Financing Fund, to Fund 426, Capital Improvements Fund in an amount to cover all additional expenses incurred through June 30, 2012 for the Secor Railroad Spur and the Martin Road Sanitary Sewer Project. (Explanation: Under state law, TIF revenue collected that is used directly for TIF projects must be received into the TIF fund and transferred to the capital projects fund. This resolution authorizes the transfer for any work completed but not paid for by June 30, 2012.) 17. Authorizing the transfer of$88,500.00 from Fund 101, Tax Increment Financing Fund to the General Fund, Fund 010, to reimburse contract expenses paid by the General Fund for TIF contract expenses. (Explanation: Under state law, project expenses allocated to TIF revenue must be spent from the general fund and the TIF revenue transferred to the general fund as reimbursement for the amounts spent.) June 25, 2012 Page 5 b. Motion to approve the following: Travel Requests Name & Title of Class/Meeting Destination Date(s) Amount not Personnel to Exceed 1. Officer Copp Basic SRO Lyons, July 29- $1,473.00 Certification Class Illinois August 3, 2012 2. Brian Rath, Annual Bob Black Cedar July 30, $135.00 Treatment Wastewater Rapids, 2012 Operator Conference Iowa Supervisor 3. Pat Treloar, Chief Multi Alarm Emmitsburg, July 20- $133.82 of Fire Services Incidents Maryland 28, 2012 4. Steve Jordan, R222-Principals of Emmitsburg, September $240.48 Fire Marshal Fire Protection: Maryland 22- Structures and October 6, Systems 2012 5. Carl Reninger, Communications Emmitsburg, July 8-20, $234.48 Fire Lieutenant for Emergency Maryland 2012 Services Success 6. Forestry Crew ACRT Inc. Line Waterloo, N/A $467.68 Clearance Manual Iowa and certification tests 7. Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re Appointment Kathleen Wernimont Library Board of Trustees June 30, 2018 New Appointment June 25, 2012 Page 6 Class C Liquor License Permit Application 8. XL Bar, 312 W. 4th- Street (Renewal) (Expires 4/30/2012) (Includes Sunday Sales) 9. Southtown Lounge, 2026 Bopp Street (Renewal) (Expires 6/7/2013) (Includes Sunday Sales & Catering Privilege) Outdoor Service Area Application 10. Southtown Lounge, 2026 Bopp Street 11. Bonds PUBLIC HEARINGS 2. 2012 Riverfront Sports Park East & West Exchange Field Lighting Project Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review. Submitted by Rick Curran, Leisure Services Facilities Manager 3. Development Agreement with Residential Development Partners LLC for the sale and conveyance of city-owned properties generally described AMENDED as: portion of Ray Tiller Park, former Lafayette School site, Baltimore field, and Williston Field, for $1.00, for the infill development of housing within the City of Waterloo. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning and Development Director June 25, 2012 Page 7 4. Request of Union Baptist Church for the vacation, sale and conveyance of city-owned portions of Jackson and Merriman Streets to allow for the AMENDED development of mini storage for $1.00, with any necessary easements Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file Motion to close hearing and receive and file oral and written comments and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance vacating portions of Jackson and Merriman Streets. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Resolution authorizing said sale and conveyance; and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director 5. Request of R & M Metals for the vacation and conveyance of city-owned 33 foot by 74 foot portion of alley located in Block 14 of Hayes Addition AMENDED bounded by Commercial and West 18th Streets Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file Motion to table until July 9, 2012. Submitted by Noel Anderson, Community Planning & Development Director 6. F.Y. 2013 Ammunition Needs for Police Department Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid document, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Director of Safety Services for review. Submitted by Dan Trelka, Director of Safety Services 7. Demolition and Site Clearance Services (no regulated asbestos-containing materials)for 320 W. 2nd Street (Iowa Community Credit Union). Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review. Submitted by Noel Anderson, Community Planning & Development Director June 25, 2012 Page 8 8. Demolition and Site Clearance Services (no regulated asbestos-containing materials) for 330 Madison Street (Former Francis Grout School). Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review. Submitted by Noel Anderson, Community Planning & Development Director 9. Ridgeway Towers Storm Sewer Underground Detention Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to Housing Authority Director for review. Submitted by Ethel Washington, Housing Authority Director RESOLUTIONS 10. Resolution approving Contracts, Bonds and Certificates of Insurance to Midwest Irrigation L.L.C. of East Dubuque, Illinois in the amount of $91,380.00 for the 2012 Riverfront Sports Park Irrigation Project; and authorize Mayor and City Clerk to execute said documents. Submitted by Rick Curran, Leisure Services Facilities Manager 11. Resolution approving submission of Black Hawk Gaming grant in the amount of $150,000.00 with a city match of 10 percent to be used for a Central Traffic Signal Control System. Submitted by Sandie Greco, Superintendent of Traffic Operations 12. Resolution approving Hold Harmless Agreement with Peterson DELETE Contractors, Inc. for the F.Y. 2010 River Renaissance Lower Plaza, Contract No. 763; and authorize Mayor and City Clerk to execute said document. Submitted by Jamie Knutson, P.E., Associate Engineer June 25, 2012 Page 9 13. Resolution approving a 5-year Supply Agreement with Permeate Refining L.L.C. for producing, mixing selling and delivering alternative fuel mixture; and authorize Mayor and City Clerk to execute said document. Submitted by Brian Rath, Treatment Operations Supervisor 14. Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds up to $50,000.00 for the TechWorks Campus development. Submitted by Michelle Weidner, Chief Financial Officer 15. Resolution approving the use of Logan Tax Increment Financing funds to be used for the redevelopment of a former church and school site for retail use in an amount not to exceed $5,000.00. Submitted by Michelle Weidner, Chief Financial Officer 16. Resolution approving temporary cash advances from the MidPort TIF to the Northeast Industrial Site TIF in the amount of $291,214.38 and from the MidPort TIF to the Rath TIF in the amount of$13,643.27. Submitted by Michelle Weidner, Chief Financial Officer 17. Resolution directing the sale of $5,205,000.00 General Obligation Bonds, AMENDED Taxable Series 2012C to Hutchinson, Shockey, Erley & Co. at the rate of 2.5382 percent. Submitted by Michelle Weidner, Chief Financial Officer 18. Resolution approving relocation costs in the amount of $20,000.00 for Grady Farms Dairy, Inc., in relation to the Shaulis Road Extension/Ansborough Avenue Improvements Project. Submitted by Noel Anderson, Community Planning & Development Director 19. Resolution establishing a moratorium for a period of 45 days for new alcohol-related drinking and retail establishments (including new licenses and transfers) in the proposed Broadway Avenue Overlay District, Logan Avenue Overlay District, E. 4th Street Overlay District, and Church Row Neighborhood Overlay District. Submitted by Noel Anderson, Community Planning & Development Director 20. Resolution approving renewal of property insurance for a total premium AMENDED of $227,436.00, with Chubb Insurance, together with recommendation of approval of Insurance Committee. Submitted by Suzy Schares, City Clerk 21. Resolution approving renewal of general and auto liability, law AMENDED enforcement, public officials, errors and omissions, and umbrella insurance for a total premium of $768,153.00, with Travelers Insurance together with recommendation of approval of Insurance Committee. Submitted by Suzy Schares, City Clerk 22. Resolution approving renewal of stop Ioss health insurance for a premium of$754,068.00 with Wellmark Blue Cross Blue Shield. Submitted by Suzy Schares, City Clerk June 25, 2012 Page 10 23. Resolution approving F.Y. 2013 Claims Service Contract agreement for Third Party Administration with Alternative Service Concepts at a cost not to exceed $23,670.00, plus bill review, to provide administrative and claims services for self-funded work comp insurance. Submitted by Suzy Schares, City Clerk 24. Resolution approving two-year renewal of contract with First Administrators, Inc. to administer the employee health care benefit plan, including administrative and claim services at a cost of $23.50 per employee per month for two years and a disease management addendum. Submitted by Suzy Schares, City Clerk 25. Resolution approving Enterprise Zone Agreement #12-HEZ-021 with Black Hawk Contracting & Development, Inc. of Waterloo, Iowa for the construction of single family homes at the former Lincoln School Site located within the Enterprise Zone; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director OTHER COUNCIL BUSINESS 26. Request of Robson Homes Inc. for a Site Plan Amendment in the "R-3,R-P" Planned Residence District for property located along Mourning Dove Drive in Crossroads Estates Replat No. 1 to allow for the development of 4-plex buildings. Motion to suspend the rules limiting reconsideration of an item to the same meeting or the one immediately following. Motion to reconsider vote of 5/14/2012 on previous motion to adopt an ordinance approving a Site Plan Amendment on certain property Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment on certain property. Motion to amend said Ordinance to modify the Site Plan Amendment to consider a modified amendment that would substitute duplexes for that portion of the original plan providing for 4-plexes in that part of the Site Plan Amendment area lying westerly of Mourning Dove Drive and Southerly of Hummingbird Circle, and to postpone action to adopt said Ordinance approving said modified Site Plan Amendment until receipt of an additional recommendation of the Planning, Programming and Zoning Commission. Motion to refer the modified Site Plan Amendment to the Planning, Programming and Zoning Commission. Submitted by Aric Schroeder, City Planner 27. Rehabilitate Taxiway "E" at Waterloo Regional Airport Motion to instruct Airport Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. June 25, 2012 Page 11 Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as July 16, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Bradley Hagen, Airport Director 28. F.Y. 2012 Lou Henry Hoover Memorial Sculpture Garden, Contract No. 803 Motion to instruct City Engineer to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications,form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as July 16, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Jeff Bales, Associate Engineer ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, June 25, 2012 4:50 p.m. - Public Works Committee, Council Chambers 4:55 p.m. - Boards and Commissions Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers CONTRACT PAYMENT SCHEDULE 1. F.Y. 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 13 to AECOM in the total amount due of$560.00 2. F.Y. 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 33 to Vieth Construction in the total amount due of$16,328.12 3. F.Y. 2008 Cedar Valley River Renaissance Trail Enhancement, Contract No. 743 Payment to AECOM in the total amount due of$1,396.66 4. F.Y. 2010 Riverfront Renaissance Lower Plaza, Contract No. 763 June 25, 2012 Page 12 Pay estimate No. 20 to AECOM in the total amount due of$21,777.06 5. F.Y. 2010 Riverfront Renaissance Lower Plaza, Contract No. 763 Pay estimate No. 41 to Peterson Contractors in the total amount due of $132,702.92 6. F.Y. 2011 Street Reconstruction, Contract No. 798 Pay estimate No. 20 to Aspro in the total amount due of$145,858.44 7. F.Y. 2012 Asphalt Overlay Program, Contract No. 818 Pay estimate No. 3 to Aspro in the total amount due of$388,941.17 8. Cedar Valley Riverfront Renaissance Waterloo Vision IA Project, etc. Payment to AECOM in the total amount due of$2,417.34 L is June 18, 2012 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m. , on Monday, June 18, 2012. Mayor Pro Tem Ron Welper in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Welper. Moment of Silence. Pledge of Allegiance: Carolyn Cole, Ward 2 Council Member. 139199 - Cole/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, June 18, 2012, 1 at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Six. Motion carried. 139200 - Cole/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, June 11, 2012, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Six. Motion carried. CONSENT AGENDA 139201 - Cole/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 Accounts Payable Invoice Report, pp. 1-39, dated June 18, 2012, in the amount of $2, 384, 705. 62, a copy of which is on file in the City Clerk' s office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012- 587. 2. Request of Cedar Valley Pride Fest Incorporated to hold 1st Annual Cedar Valley Pride Fest event to be held along the 300 block of West 4th Street from 6:00 a.m. Saturday, August 18, 2012 to 4 :00 a.m. Sunday, August 19, 2012 including the closure of street from Jefferson Street northbound to Washington Street-Submitted by Joe Leibold, Captain of Police Services Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012- 588. 3. Request of Cedar Valley Pride Fest Incorporated for a variance to the Noise Ordinance on Saturday, August 18, 2012 from 12:00 p.m. to 12:00 a.m. to hold Cedar Valley 2012 Pride Fest along the 300 block of West 4th Street to include a live DJ and use of PA system. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012- 589. 4 . Resolution authorizing the City Clerk to certify against certain parcels for: unpaid life safety and rental inspection fees; unpaid garbage and sewer fees; unpaid mowing and lot cleanup fees-Submitted by Suzy Schares, City Clerk Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012- 590. 5. Request of BJ' s Bar and Billiards for a variance to the Noise Ordinance on July 7, 2012 to October 31, 2012; July 4, 2012; September 3, 2012 from 6:00 p.m. to 10:00 p.m. in conjunction with Full Throttle Thursdays; Independence Day and Labor Day events that will be held at 110 Ida Street, including live band and use of pa system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012- 591. 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Motion carried. Mr. Schmitt abstained from the bills payments to Schmitt Telecom. OTHER COUNCIL BUSINESS 139202 - Schmitt/Cole that request from Justin C. Junk for an exception to the City of Waterloo Residency of Critical Municipal Employees and City Department Heads Policy, be received, placed on file and approved. Voice vote-Ayes: Six. Motion carried. PUBLIC HEARINGS 139203 - Getty/Schmitt that proof of publication of notice of public hearing on Purchase of Uniforms and Equipment for Police Department, as published in the Waterloo Courier on June 14, 2012, be received and placed on file. Voice vote-Ayes: Six. Motion carried. 139204 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Getty/Schmitt that the hearing be closed. Voice vote-Ayes: Six. Motion carried. 139205 - Getty/Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Uniforms and Equipment for Police Department", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-592. 139206 - Getty/Schmitt that "Resolution authorizing to proceed in conjunction with Purchase of Uniforms and Equipment for Police Department", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-593. 139207 - Getty/Schmitt to receive and file and instruct City Clerk to open and read bids and refer to Director of Safety Services for review: Bidder Bid Amount Carpenter Uniform Co. 5801 Thornton Avenue On file in the Des Moines, IA 50321 City Clerk's office Wertjes Uniforms 219 E. llt° Street On file in the Cedar Falls, IA 50613 City Clerk's office Voice vote-Ayes: Six. Motion carried. 139208 - Greenwood/Schmitt that proof of publication of notice of public hearing on Request by Aaron Olson to rezone 0.63 acres located at 1150 Pleasant Valley Drive, from "R-2" One and Two Family Residence District to "R-2,C-Z" Conditional Zoning One and Two Family Residence District to allow for the establishment of a photography studio within the home, as published in the Waterloo Courier on June 14, 2012, be received and placed on file. Voice vote-Ayes: Six. Motion carried. •paTzzeo uoT3oN •xTs :saA\-a;on aoroA •pano/dde eq 'sMopuTM do-anTzp uo suoT3einbas eq; a;epdn 0; 3 gdezbezed Mau e buTppe Aq 'suor3einbag ssauTsng pue sasuaniq '£ aT3T1 3o 'Toz3uo0 /onbT7 'Z za3deg0 30 9 uoT3oes 'saoueu?pzo ;o epo0 9144 o; ;uawpuawy ue pue :sesseuTsnq pa;eiaz sates ioyoote o; buTuTe3zad suoT;eTnba/ aq3 a3epdn 04 6LOS 'oN eoueu?pao buTuoZ ooiza3eM ;o A3T0 ati; 03 ;uawpuawy gfiM uoT3oun4100 uT ZTOZ '6 ATnr TT311n aT4e3 03 33Tw4os/A33a9 - 9TZ6ET ' 66S-ZTOZ 'oN paubTsse way Old /oAeW Aq ienozdde uodn pue pa3dope voT3niosag •xTs :saAf-a30n TTeo TTog •pa;dope eq '„peAanuoo eq o; ease aq3 3o suoT3/od /ano s3uawasea ssaooe pue A3TTT3n 3o uor;ua;az aq3 o; 3oaCgns '00•T$ 103 sNnez3 Peo/tie/ 0T3Toed uoTun aq3 pue 3aaz3S ,448 3seg pue '3aaz3S azoweoAs pue /anrg zepa0 aq3 Aq papunoq Aiiezaueb eeie aq3 ury;TM bursnoy Airwe; -T3T11w ;o ;uewdoianap ay3 so; A;zadozd Tea/ Aanuoo pue TTas o3 0II saver ATtou 3o 3senbag g3TM uoT3ounCuoo uT AibuTpz000e paap /anriap pue azeda/d o; Aauzo;;y A;TO az?zoyfne pue 'anueAanuoo pue aies pies buTz?/oq;ne uoT3niosag„ 3e1.13 pooMuselD/33Twg0s - STZ6£T •pa?zseo uoT3ow 'xis :seAV-a3on aoroA •pasoTo eq buTseeq ay3 3e1.13 pooMuaazg/33Twyos •auou azaM aseg3 pue suoT3oaCgo Te/0 pue ua33TSM /03 PaTTeo way cud zoAeW 9143 'buT/eay oTignd 3o aoeid pue awT3 aq3 buTaq sTML - b1Z6ET •peT1/e0 uo?3oW •xrg :seAV-a3on aoroA 'a-ET; uo paoeid pue peATaoaz eq 'ZTOZ '6i aunr uo zaT/no0 ooiza3eM ay3 uT pageTignd ee 'peAanuoe eq o3 eaze ay3 3o suoT;zod /ano s3uawasea ssaooe pue A3TTT3n 3o uoT;ua;az ay3 o; ;eeCgns '00'T$ zo3 s)foes; peo/TTez 0T3Toed uoTun ay3 PPP 3aaz3S ,448 3se2 pue '3aaz3s a/oweeAs pue sanTg zepa0 ay3 Aq papunoq Aiiezaueb eaze egg uTy3TM bu?snoq ATTwe;-T;Tnw 3o ;uawdotanap aq3 zo3 A;zadozd Teal AeAuoo pue TTas o3 DTI saver ATT00 3o ;senbag uo buizeay oTignd 3o aoT;ou 3o uoi;eoTTgnd 3o 3oozd 3ey3 pooMuaazg/33Twyos - ETZ6ET 'mg 'oN peub?sse way old zoAeW Aq ienozdde uodn pue pa3dope eeueurp/o 'xis :seAV-a3on TTeo TTog •pa3dope pue sewT3 pzrg3 pue puo3as ay3 /03 passed pue pazapisuoo eq '„ewoq ay3 uTy3TM orpn3s Aydezboiogd e 3o ;uawysTige;se aq3 z03 MOTTO 03 30i/3sTQ aouep?sag ATTwe3 oMy pue auo buTuoZ ieuoT3Tpuo0 „Z-n'Z-g, 04 3oTz4sTQ eouepTsag ATTwe3 oMy pue euo „Z-g„ w0z3 'eATaa AaTTeA 3ueseaTd OSii 3e pa;eoot s9z0e £9.0 euoza/ o; uosTO uozey Aq gsenbag g3TM uoT;aunCuoo uT A3zadozd uTe3zan uo euozag e bu?nozddy 'b-6 -o1 uoT3oaS uT o; pasta;az deW buTuoZ TeToT330 aq3 buTpuawe Aq 'aoueurpao buTuoZ ooiza3eM 3o AvT0 'papuawe se '6LOS •oN aoueuTplo buTpuawe aoueu?pso ue„ 3ey3 ;3?wgos/pooMuaa15 - ZTZ6£T •par/zeo uor;oW •xTs :seAJ-a3on Tien TTog •papuadsns eq sbuT,aaw /oTzd 0M; ;e abessed /o; pe;on pue pazapTsuoo eq o; seoueu?pzo buT/Tnbaz saint Teti; 33Twyos/pooMuaazo - TTZ6£T 'paTaa ee uoT3oW •xTs :sa, -a;on TTeo TTog •awT3 4s1T3 ag3 zo3 passed pue pazapTsuoo 'eTT3 uo paoeid 'peATe el eq '„awoy aq3 uTy3TM oTpngs Agdezbo3ogd e ;o ;uewgsrige;sa ay; zo3 MoTTe 03 43Tl4sTQ aouepTsag ATTwe3 oMy pue euo buTuoZ teuoT4Tpuo0 „2-0'Z-g, 03 30Tz4sTQ eoueprsag ATTwe3 oMy Pie euo „Z-g„ w03; 'anTlQ AaTTeA ;ueseaTd OSIT 3e pe;eooi sazoe £9 .0 euozas o; vosio uozey Aq ;senbag g;TM uoT;OunCuoo uT A;/ado/d uTe3za0 uo euozag e bu?nozddy 'p-6 -0T u0T30aS uT o3 pasta;a/ deW buTuoZ TeTOT330 ay3 buTpuawe Aq 'eoueu?pao buTuoZ ooiza3eM 3o A3?0 'papuawe se 6LOS • ON aDueurpzo buTpuawe aoueu?pzo ue„ 3eg3 33Twgos/pooMuaaaD - 0TZ6£T 'pail/en uoT3oW 'xis :seAy-a3on aoroA •aiT; uo paoeid pue pan?aoaz eq uo?seiwwop buTuoZ pue buTwwezbozd 'buruveTd 3o Teno/dde ;o uoT;epuawwooaz pue s;uawwoo ua33TZM pue Tezo pue pasoTo eq buTseay aq3 3eg3 33Twg0S/pooMueaaD •auou azaM azaq; pue suoT3oaCgo Tezo pue ua43T1M z03 paTTeo way old zoAeW ay; 'burzeeq DTTgnd 30 aoeid pue awT3 aq3 buraq sTgy - 60Z6£T 6 abed ZTOZ '8T aunr • June 18, 2012 Page 5 139217 - Cole/Greenwood that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Approving a Site Plan Amendment on Certain Property in conjunction with Request by Cedar Valley Tech Works Inc. for a "M-2, P" Planned Industrial District site plan amendment for approximately 27 acres of land for the Tech Works Campus redevelopment project, The Green at Tech Works Project, and the Deere Museum Project", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Motion carried. 139218 - Cole/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Six. Motion carried. 139219 - Cole/Greenwood that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Approving a Site Plan Amendment on Certain Property in conjunction with Request by Cedar Valley Tech Works Inc. for a "M-2,P" Planned Industrial District site plan amendment for approximately 27 acres of land for the Tech Works Campus redevelopment project, The Green 'at Tech Works Project, and the Deere Museum Project", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Six. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 5121. 139220 - Jones/Greenwood that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Approving a Site Plan Amendment on Certain Property in conjunction with Request by Kal Sundaram for a "B-P" Business Park District site plan amendment for property generally described as the southwest corner of Greyhound Drive and Ridgeway Avenue for the purpose of developing a new 4, 000 sq. ft. office building", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Motion carried. 139221 - Jones/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Six. Motion carried. 139222 - Jones/Greenwood that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Approving a Site Plan Amendment on Certain Property in conjunction with Request by Kal Sundaram for a "B-P" Business Park District site plan amendment for property generally described as the southwest corner of Greyhound Drive and Ridgeway Avenue for the purpose of developing a new 4, 000 sq. ft. office building", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Six. Ordinance adopted and upon approval by Mayor Pro Tem assigned No. 5122. 139223 - Getty/Greenwood that proof of publication of notice of public hearing on Parking Cashier Services for West 5th Street/Convention Center Ramp, as published in the Waterloo Courier on June 14, 2012, be received and placed on file. Voice vote-Ayes: Six. Motion carried. 139224 - This being the time and place of public hearing, the Mayor Pro Tem called for written and oral objections and there were none. Getty/Greenwood that the hearing be closed. Voice vote-Ayes: Six. Motion carried. 139225 - Getty/Greenwood that "Resolution confirming approval of specifications, bid document, etc in conjunction with Parking Cashier Services for West 5th Street/Convention Center Ramp", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-595. '009-ZTOZ 'oN paubTsse was, ozd zoAew Aq Tenozdde uodn pus pa;dope uoT;niosag •xTg :saAy-a;on TIeo TT0 •pa;dops aq '„za0T330 TaTousuTA ;aTgD 'zaupTaM aTTayoTw Aq pa33Twgns-suoT4eTag ;uawuzanoo y;TM panozdde ATsnoTnazd ;aez;uoa ay; y;TM sa3Tnzas 1o3 00'000 '8$ o; dn spun; buToueuT,i ;uawazauT xey earl TeMeuag ueboq ;o asn ay; buTnozdds uoT;nTosag„ ;sy; pooMuaazo/;;Twyag - T£26£T '66S-ZTOZ 'oN paubTsse may old zoAew Aq Tenozdde uodn pus pa;dops uoT;nTosag .xTS :seAy-a;on TTeo TTog •pa;dope aq '„za0T330 ieToueuT3 ;ar140 'zaupTaM aTTayarw Aq pa44Twgns-4oTz4sTO 3I,L y;eH ay; uT pa;saoT ATTe.zauab A;zadozd ;o uoT;TsTnbou ay; zo; spun; buToueuTg ;uawazaul xey uT s;soa buTsoTD zo3 papaau spun; 103 00'000'OTS o; dn snTd 00'000 'SS$ o; dn jo asn buTnozdds uoT;nTosall„ ;eq; ;;Twyag/pooMuaazo - OEZ6ET '86S-ZTOZ 'ON paubTsse may old zoAew Aq Tenozdde uodn pue pa;dop€ uoT;nTosad 'xTg :saAy-a;on TTeo TTog •pa;dope aq '„zazT330 TeToueuT3 ;aTyO 'lauPTeM aTTayoTw Aq pa;;Twgns-spuog Te;uawuzano0 4dwar3 -xey z0; A3TT0d uoT;ua;ag pzooag pus aoueTTdwoo xey buT;dope uoT;nTosag„ ;ey; ;;Twyag/pooMuaazg - 6ZZ6ET 'L6S-ZTOZ 'oN paubTsse way old zoAew Aq Tenozdde uodn pus pa;dops uoT;nTosag .pTq e pa;;rwgns auo ATuo ;nq spTq ;no Noo; saTuedwoo uay -swoon ueid aazy; o; ;vas ss TTeM se sTsuznoC apes; pue zaded ay; uT pasT;zanpe seM ;oaCozd ay; ;ey; pa;ou 'zo;aaaTu ;zodhTV 'uab€g pezg .pTq ;,uprp Aag3 AIM use o; pa4ae;UO3 auoAue seM azay; 3T pue pTq o; pa;TnuT azaM saTuedwoo azaM Auew Moy pauoT;sanb savor •zw • (savor) auo :sAeN •9nr,3 :saAJ-a;on TTeo TTog •pa;dope eq '„zo;oalTG ;zodlTV 'uabeg AeTpezg Aq pa;;Twgns-;uszb yyg ;o ;dTaaaz uodn ;uabuT;uoo ';zodzry TeuoTbag ooTza;eM zo; ;Tnen Te0Tz40aT3 pTaT;lTy 3o uoT;e;TTTgeyag z03 00'S06 'S98S 30 ;unows ay; uT €MOT 'sTT€3 zepa0 jo 'Dui 'oTa4aaT3 M R x o; ;aez;voo ;o pzsMe ;o uoT;epuawwoaaz buTnozdds uoT;nTosag„ ;eq; ;;Twyag/pooMuaazg - 8ZZ6£T s1Olynriossx •perzze0 uoT;ow •xrg :saAJ-a;on aoToA ;soa Tenuue pa;ewT;se 00'00£'6i$ ET9OS VI 'GTTa3 z€pa0 ATa;€wrxozdd€ enuany A;Tszanrun 0096 ;P 00'£T$ saoTnzag buT;;s;s suopas ;soa Tenuue oo za e pa;ewr;se 00'LLS '9T$ TOLOS yI T 3 M enuany zegeTy 6EOT ATemTxozdde ;P LO'ST$ bUT33e3S ;uabTTTa;uI Apawag ;unowy pTg zappTg :Mamas 1O; xzaTO A3T0 o; za;az pus spTq psaz pus uado 0; xzaTO A;TO ;anz;suT pus aTT; pue anTaoaz o; aToO/A;;aO - LZZ6ET '96S-ZTOZ 'oN paubTsse way old zoAew Aq Tenozdde uodn pus pe;dops uoT;nTosag •xrs :seAv-e;on TTPO TTog •pa;dops eq '„dwsg za;ua0 uoT;uenuo0/;aaz;5 azS ;saM zo3 saDTnzaS zaTyse3 buTxzsd y;TM uor;nunCuoo UT paa3ozd o; burzTzoy;ns uoT;nTosay„ ;sq; pooMuaazo/A;;aO - 9ZZ6ET 9 an-ea ZTOZ '8T aunr June 18, 2012 Page 7 139232 - Schmitt/Greenwood that "Resolution approving the use of Northeast Site Urban Renewal Area Tax Increment Financing funds in the amount of $7, 000.00 for a lien release on property previously grant to Ricky McCloud and $1, 000.00 for related legal costs-Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-601. 139233 - Schmitt/Greenwood that "Resolution approving use of San Marnan Tax Increment Financing funds in the amount of $750, 000.00 plus up to $10,000.00 in funds needed for closing costs in Tax Increment Financing funds for the acquisition of property generally located in the San Marnan TIF District-Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-602. 139234 - Getty/Schmitt that "Resolution approving the use of Downtown Urban Renewal Area Tax Increment Financing funds up to $10,000.00 for the expansion of the Downtown Urban Renewal Area-Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-603. 139235 - Getty/Schmitt that "Resolution approving the use of Martin Road Tax Increment Financing funds to make an economic development grant not to exceed $2, 500, 000.00 to Deer Creek Development, LLC in the Martin Road Urban Renewal Tax Increment Financing District-Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-604. 139236 - Getty/Schmitt that "Resolution approving the use of Northeast Industrial Site Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $42, 500.00 for the year ended June 30, 2012 to finance the contract with the Greater Cedar Valley Alliance-Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote-Ayes: Six. Mr. Schmitt clarified that historically we have used money out of the TIF Districts to pay for the Cedar Valley Alliance contract. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-605. 139237 - Jones/Schmitt that "Resolution approving the use of San Marnan Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $42, 500.00 for the year ended June 30, 2012 to finance the contract with the Greater Cedar Valley Alliance-Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-606. 139238 - Jones/Schmitt that "Resolution approving the use of Midport Urban Renewal Area Tax Increment Financing funds in an amount not to exceed $42,500.00 for the year ended June 30, 2012 to finance the contract with the Greater Cedar Valley Alliance- Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-607. 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Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-616. 139248 - Cole/Getty that "Resolution approving recommendation of award of contract to Prairie Construction Services, Inc. of Waterloo, Iowa in the amount of $97, 800.00; and approving the Contract, Bonds and Certificates of Insurance for the City of Waterloo Clerk's Office Remodel; and authorize execution of said contract- Submitted by Craig Clark, Building Official/Maintenance Administrator", be adopted. Roll call vote-Ayes: Four. Nays: Two (Jones, Greenwood) . Mr. Jones spoke is opposition due to the lack of estimate and bids. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-617. 139249 - Cole/Getty that "Resolution setting date of hearing as July 9, 2012 to approve Request of David Dreyer, Terry Kocher and Beth McGilvrey to rezone 1.14 acres located at 3145 W. 4th Street and 2817 Ansborough Avenue, from "R-1" One and Two Family Residence District to "C-1" Commercial District, to allow for the construction of a new gas station/convenience store on the property; and instruct City Clerk to publish notice-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-618. ORDINANCES 139250 - Getty/Cole that "an Ordinance amending the 2007 Code of Ordinance of the City of Waterloo, Iowa, by adding a new Article B, Housing Protections for Victims of Domestic Violence, of Chapter 3, Human Rights, of Title 5, Police Regulations in conjunction with Housing Protections for Victims of Domestic Violence", be received, placed on file, considered and passed for the first time. 139251 - Greenwood/Schmitt Motion to table for 30 days to allow for further discussion with the Landlord Association. Voice vote-Ayes: Six. Motion carried. OTHER COUNCIL BUSINESS 139252 - Schmitt/Greenwood that "Resolution to appoint Wells Fargo Bank, National Association, of Des Moin'es, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent; approve the Paying Agent and Bond Registrar and Transfer Agent Agreement; and Authorizing the Execution of the Agreement in conjunction with 8, 040, 000.00 General Obligation Bonds, Series 2012A", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-619. 139253 - Schmitt/Greenwood that "Resolution to authorize and provide for issuance of said bonds and levying a tax to pay said bonds in conjunction with $8, 040, 000.00 General Obligation Bonds, Series 2012A", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-620. 139254 - Schmitt/Greenwood to approve the Tax Exemption Certificate in conjunction with $8, 040, 000.00 General Obligation Bonds, Series 2012A, be received, placed on file and approved. Voice vote-Ayes: Six. 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Voice vote-Ayes: Six. Motion carried. 139266 - Greenwood/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Demolition and Site Clearance Services (no regulated asbestos-containing materials) for 320 W. 2nd Street (Iowa Community Credit Union) ", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-625. 139267 - Greenwood/Schmitt that "Resolution setting date of hearing and bid opening as June 25, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Demolition and Site Clearance Services (no regulated asbestos-containing materials) for 320 W. 2"d Street (Iowa Community Credit Union) ", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-626. 139268 - Schmitt/Greenwood to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. in conjunction with Demolition and Site Clearance Services (no regulated asbestos-containing materials) for 330 Madison Street (Former Francis Grout School) , be approved. Voice vote-Ayes: Six. Motion carried. 139269 - Schmitt/Greenwood to receive and file plans, specifications, form of contract, etc. in conjunction with Demolition and Site Clearance Services (no regulated asbestos-containing materials) for 330 Madison Street (Former Francis Grout School) , be received and placed on file. Voice vote-Ayes: Six. Motion carried. 139270 - Schmitt/Greenwood that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Demolition and Site Clearance Services (no regulated asbestos-containing materials) for 330 Madison Street (Former Francis Grout School) ", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-627. 139271 - Schmitt/Greenwood that "Resolution setting date of hearing and bid opening as June 25, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Demolition and Site Clearance Services (no regulated asbestos-containing materials) for 330 Madison Street (Former Francis Grout School) ", be adopted. Roll call vote-Ayes: Six. Resolution adopted and upon approval by Mayor Pro Tem assigned No. 2012-628 . 139272 - Getty/Greenwood to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. in conjunction with 2012 Riverfront Sports Park Water Well Project, be approved. Voice vote-Ayes: Six. Motion carried. 139273 - Getty/Greenwood to receive and file plans, specifications, form of contract, etc. in conjunction with 2012 Riverfront Sports Park Water Well Project, be received and placed on file. Voice vote-Ayes: Six. Motion carried. Paul Huting, Leisure Services Director, reported that grant funding will be used to add irrigation and the well is more feasible and affordable than using City treated water. ' b£9-ZTOZ '0N paubTsse way old zoAew Aq Tenozdde uodn pue pa;dope uoT;nTosag •xTS :seAV-a;oA TTeo TTog •pa;dope aq '„uoT;ua;ac punozbzapun zaMas w1O;s SzaMOy APMabpTg g;rM uoT;oun[uo0 UT •O;a '40ez;U00 3o w4o3 'SuoT;eDT;Toads 'sueTd ;o aeT;ou gsTTqnd o; ){zaTO A;TD ;onz;suT pue :ZTOZ 'SZ aunr se buTuado pTq pue buTzeaq ;o a;ep bur;;as uoT;nTosag„ ;eq; 44Tw19S/s9u0P - E8Z6ET '£E9-ZTOZ 'oN paubTsse way ozd zoAew Aq Tenozdde uodn pue pa;dope uoT;nTosag •xTS :saAy-a;oA TTeo TTog •pa;dope aq '„uoT;ua;ac punozbzapun zaMas wzo;s SzaMoy AeMabpTg g;TM uoT;OunCuoo uT •O;a ';oez;uoo 3o mpg 'suoT4e3T3Toads 'sueTd buTAozdde ATTzeuTwTTazd uoT;nTosag„ ;eg; ;;Twgos/sauoP - Z8Z6ET •paTzzeo uoT;ow •xTs :saI -a;oA aoToA aTT; uo paoeTd pue paATaOaz aq 'uoT;ua;aQ punozbzapun zaMas wzo;s szamoy AeMabprg q;Tm uoT;OunCuo3 uT •O;a ';oez;uoo go wzo; 'suor;eDTJToads 'sueTd err; pue 2ATaDa4 o; ;;Twgos/sauoP - TBZ6ET •paTzzeo uoT;ow •xTs aoTOA •panozdde aq 'uoT;ua;aQ punozbzapun zaMas wzo;s szaMoy AeMabpTg q;TM uoT;Ouncuoo uT •O;a ';Oez;uo3 ;o wzo; 'suoT;8OT3TOads 'sueTd azedazd o; zo;Oa1TQ A;Tzoq;n\ buTsnog ;Onz;suT o; ;;Twgos/sauoP - 08Z6ET 'ZE9-ZTOZ 'ON paubTsse way old zoAew Aq Tenozdde uodn pue pa;dope uoT;nTosag •xTs :saAV-a;oA TTeo TTog •pa;dope 99 '„ZZ8 'oN ;aez;uop 'II R I asegd - s;uawanozdwi abeureic ){zed sauzAg ZTOZ 'A'3 q4TM uoT;ounCuoo uT •a;a ';oez;uoo 3o wz0; 'suoT;e3T;TOads 'sueTd ;o aor;ou gsTTqnd o; ){4aT3 A;TD ;anz;suT Pup !ZTOZ '6 ATnr se buTuado pTq pue buTzeaq 3o a;ep buT;;as uoT;nTosag„ ;eq; pooMuaazg/aTo3 - 6LZ6ET 'TE9-ZTOZ 'oN paubTsse way aid zoAew Aq TeAozdde uodn pue pa;dope uoT;nTosag 'TTe; sTg; pa;aTdwoo aq pue zawwns sTg; ;ze;s ITT/4 ;oaCozd aq; ;eq; padog sT ;T ;eq; pa;zodaz 'zo;OalTQ saOTAzas aznsTaq 'buT;nq Tned •xTS :saAV-a;oA TT89 TTog •pa;dope aq ' ZZ8 •oN ;oez;uon 'II 1 I asegd - s;uawanozdwi abeureaa ){zed sauzAg ZTOZ 'A d q;rM uoT;OunCuo3 uT •04a ';oez;uo3 3o wzo; 'SuoT;e3T3Toads 'sueTd burnozdde ATTzeurwTTazd uoT;nTosag„ ;eq; pooMuaa49/aTop - 8LZ6CT •paTzzeo uoT;ow •xTS :seAF{-a;oA aoToA •aTT3 uo peDeTd pue panraaaz eq ZZ8 •oN ;Oez;uoD 'II 1 I asegd - s;uawanozdwi ebeuTeiu ){zed sauzAg ZTOZ •A'3 94TM uoT;OunCuoO uT •O;a ';oez;uoo 3o mac); 'suoT;eOT3Toeds 'sueTd aTT3 pue anTeDaz o; pooMuaa4D/aTon - LLZ6£T •paTzzeo uo-pow •xTS :seANd-a;on eoroA •panozdde eq 'ZZ8 •oN ;oez;uoD 'ii 9 i asegd - s;uawanozdwi ebeurelu Nzed sauzAg ZTOZ •A•3 q;TM uoT;ounCuoo uT •O;a ';oe4;uo3 3o wz03 'SUOT;e3T;TOadS 'sueTd azedazd o; zo4Oa1TQ saoTA1eS aznsTaq ;Onz;suT o; pooMuaa49/aTon - 9LZ6ET '0£9-ZTOZ 'oN paubTsse way old zoAew Aq Tenozdde uodn pue pa;dope uoT;nTosag •xTS :seAV-a;on TTeo TTog •pa;dope eq '„;OaCozd TTaM za;eM ){zed s;zodg ;uoz;zeArg ZTOZ g;TM U0T;OunCuoo uT •o;a ';oez;uoo ;o w4o3 'suoT;eDT;Toads 'sueTd 3o aoT;ou gsTTqnd o; )(zaT) A;TD ;Onza.suT Pup !ZTOZ '6 ATnr se buTuado pTq pue buTzeaq ;o a;ep buT;;as uoT;nTosag„ ;eq; pooMuaaa9/A;439 - ELZ6£T '6Z9-ZTOZ •ON paubTsse way cud zoAew Aq Tenozdde uodn pue pa;dope uoT;nTosag •xTS :SeAy-e;oA 'Teo TTog •pa;dope eq '„;OaCozd TTaM za;eM ){zed s;zodg ;uoz;zanrg ZTOZ M;TM uoT;ounCuoo uT •o;a ';Oez;uoo 3o wzo; 'suoT;eDT3Toads 'sueTd burnozdde ATTzeuTwlTazd uoT;nTosag„ ;eq; pooMuaaas/A;;ag - ILZ6ET ZT abed ZTOZ 'BT aunr June 18, 2012 Page 13 ORAL PRESENTATIONS Jim Glaspie, 533 Riehl Street, received a violation for liter and garbage in his yard. He expressed concern with the violation being taped to his fence and the amount trash being thrown in his yard from the neighboring businesses. He noted that he usually picks up the trash daily but left it for 8 days and then he received the violation. He noted that the trash is due to the type of businesses that in his neighborhood. He disapproves of Code Enforcement taping the notice in a place that can blow away. He requested it be mailed to the residence. Mr. Welper reported that the City will be looking into his complaints. Charles, 327 Madison, thanked the City for taking down Francis Grout. He expressed concern with the way the nearby developer is treating people due to the lack of sidewalk, the functioning of the new homes. Noel Anderson, Community Planning and Development Director, reported that the plan will be for single family homes. He will look into the complaints about the current developer. Charles Peyton, 220 Linwood Ave. , expressed concern with the large number of delinquent taxes. He asked Council to put up red-light cameras and speed cameras. Forest Dillavou, 1725 Huntington Road, expressed concern with the lack of bids being received on projects for the City of Waterloo. He suggested using UNI students to study the issue. 139284 - Cole/Schmitt that the above oral comments be received and placed on file. Voice vote-Ayes: Six. Motion carried. ADJOURNMENT 139285 - Cole/Schmitt that the Council adjourn at 6:42 p.m. Voice vote-Ayes: Six. Motion carried. Suzy Schares City Clerk • CITY OF WATERLOO Council Communication City Council Meeting: June 25, 2012 Prepared: June 13, 2012 Dept. Head Signature: Aj/J�""' # of Attachments: 1 C : " SUBJECT: Proclamation: Promise Keepers National Conference Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: \cli_D) CITY OF WATERLOO, I014A PROCLAMATION WHEREAS, since its founding in 1990, Promise Keepers' mission has been to ignite and unite men to become warriors to change their world through living out the Seven Promises; and II$EREAS, Promise Keepers is a Christ-centered organization dedicated to motivating men to keep their promises in the context of their family, church and community; and HEREM, God kept all the promises that He made to mankind and Promise Keepers comes from that covenant-keeping nature of the Father; and lOtiLEtEAS, Promise Keepers encourages men to be transformed and to live godly lives; thereby enhancing the lives of those they come into contact with including family, friends,co-workers, and neighbors. NOW, TORE, I, Buck Clark, Mayor, with this proclamation do hereby recognize the 2012 Promise Keepers National Conference, July 13 — 14, 2012, at the UNI Dome titled "Called Out". IN'WITNESS'W'HREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 25th day of June 2012. ATTEST: ` it 11. 14 It II i I UN A. ,I, re 0 „ Suzy Scharer uck Clark City Clerk Mayor OCO) CITY OF WATERLOO , IOWA \ Vis CITY HALL • 715 Mulberry Street • Waterloo. IA 50703 • (319)291-4301 Fax(319)291-4286 erloo\o OATH OF OFFICE , �9ava BUCK CLARK STATE OF IOWA ) COUNCIL ) SS MEMBERS BLACK HAWK COUNTY ) DAVID I, Adam Liddle, do solemnly swear I will support the Constitution of the United JONES Ward 1 States and the Constitution of the State of Iowa, and I will faithfully and impartially, to the CAROLYN COLE best of my ability, discharge all the duties of the position of Police Officer in the City of Ward 2 HAROLD Waterloo, Black Hawk County, Iowa, as now or hereafter required by law. GETTY Ward 3 QUENTIN M. HART 417/149/111 Ward Adam Liddle RON WELPER 14'ard 5 BOB Subscribed and sworn to me this 25th day of June, 2. GREENWOOD At-Large STEVE SCHMITT 4t-Large Ernest G. Clark, Mayor WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer / 7 > M 2 .11 ƒ a , §' k / / k -w \ S $ °\ \ A =z§ § ` / \ y= pi , 4 o ƒ m § § § / z •■ ■' N § -n _ / 7 \ / z I. 0 ƒ /. E N .0 R k §. / O CD N ' ? 0 v -N O / ƒ ƒ J ƒ C) J §o $ § t ' • kC Nall fi•\ CD .... © ) o *.' z ^ r -aL} ' =2 D NI ct n n o z § v 2 0 \ )' z k -' o c g c w 2 0' I « § % ƒ S i g CD .0 7 n 2 § k ot q w S § \ 2 k 5 7 0 0• 0 * z ' e C CA) to co �In _N) . e % � co ƒ NI � / 01 / K � » » # 901 COK.) e a L.) E a u c c o & CO 01 01 e CO 0.) CITY OF WATERLOO Council Communication City Council Meeting: Tune 25, 2012 Prepared: lune 20, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: REQUEST BY JAMES SCHROEDER FOR AN ASPHALT DRIVEWAY TO BE LOCATED AT 122 LICHTY BOULEVARD Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Summary Statement Attached is a request from JAMES SCHROEDER for construction of an asphalt driveway with the elimination of the sidewalk section, to be located at 122 LICHTY BOULEVARD. Expenditure Required None Source of Funds None Policy Issue N/A Alternative None Background Information: This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Description: LICHTY SECOND ORANGE ADDITION LOT 33 WAIVER Date: 12 LI ! 2O)2 Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a ,S pkci \-\— driveway or sidewalk located at (cdncrete or asphalt) /22 L c ti-.y (Address) This waiver is needed because of: special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick)to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. Xasphalt driveway with the elimination of the sidewalk section. placing a driveway or sidewalk on City right of way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner Si ature of Property Owner PAYMENT DATE City of Waterloo BATCH NO. `06/26/2012 715 Mulberry St 2012-12000356 • -COLLECTION STATION Waterloo, IA 50703 RECEIPT NO. COUNTER 1 (319) 291-4323 2012-00001597 RECEIVED FROM CASHIER JAMES SCHROEDER Ella Ellis DESCRIPTION ;DRIVEWAY @ 122 LICHTY BOULEVARD PAYMENT CODE RECEIPT DESCRIPTION TRANSACTION AMOUNT C492 CLERK RECORDING&PUBLICATN 3492 $7.00 DRIVEWAY@122 LICHTY BOULEVARD 010-03-8400 3492 RECORDING/PUBLICATION FEE$7.00 Total Cash $7.00 Total Check $0.00 Total Charge $0.00 Total Other $0.00 Total Remitted $7.00 Change $0.00 Total Received $7.00 I j Total Amount: $7.00 Printed by: Ella Ellis Page 1 of 1 06/25/2012 10:08:35 AM 1 CITY OF WATERLOO Council Communication City Council Meeting:June 25, 2012 Prepared:June 20, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: REQUEST BY JAMES SCHROEDER FOR AN ASPHALT DRIVEWAY TO BE LOCATED AT 122 LICHTY BOULEVARD Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Summary Statement Attached is a request from JAMES SCHROEDER for construction of an asphalt driveway with the elimination of the sidewalk section, to be located at 122 LICHTY BOULEVARD. Expenditure Required None Source of Funds None Policy Issue N/A Alternative None Background Information: This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Description: LICHTY SECOND ORANGE ADDITION LOT 33 WAIVER Date: 5-/2 9 Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a ;45 p q \-}— driveway or sidewalk located at (cdncrete or asphalt) /2Z L + (Address) This waiver is needed because of: special surface texture(i.e., exposed aggregate, brick stamped pattern, paving brick)to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. x asphalt driveway with the elimination of the sidewalk section. placing a driveway or sidewalk on City right of way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner S' attire of Property Owner CITY OF WATERLOO Council Communication City Council Meeting:June 25, 2012 Prepared:June 20, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: REQUEST BY NATHAN VOAKLANDER FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 1529 WAKONDA DRIVE Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Summary Statement Attached is a request from NATHAN VOAKLANDER for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, to be located at 1529 WAKONDA DRIVE. Expenditure Required None Source of Funds None Policy Issue N/A Alternative None Background Information: This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Description: GREENBRIER LOT 79 WAIVER Date: Jut46 1'4 , 2012 Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a Coacg.-rC driveway or sidewalk located at (concrete or asphalt) 1529. LJAKoaOPr P .V6 (Dtiv&u.ew 'To DoNwt.D S-r.. • (Address) This waiver is needed because of: special surface texture(i.e.,exposed aggregate,brick stamped pattern, paving brick)to be used on the concrete approach. X elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy,paragraph 1. asphalt driveway with the elimination of the sidewalk section. placing a driveway or sidewalk on City right of way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, NA"THAni VDAKI.ANora hil/G�- `— Printed Name of Property Owner Signature of Property Owner PAYMENT DATE City of Waterloo BATCH NO. 0,6/28/2012 715 Mulberry St 2012-12000377 ;COLLECTION STATION Waterloo, IA 50703 RECEIPT NO. ,COUNTER 1 (319) 291-4323 2012-00001740 RECEIVED FROM CASHIER NATHAN VOAKLANDER Ella Ellis 'DESCRIPTION ;DRIVEWAY/1529 WAKONDA DR. { PAYMENT CODE RECEIPT DESCRIPTION TRANSACTION AMOUNT C492 CLERK RECORDING&PUBLICATN 3492 $7.00 DRIVEWAY/1529 WAKONDA DR. 010-03-8400 3492 RECORDING/PUBLICATION FEE$7.00 Total Cash $7.00 Total Check $0.00 Total Charge $0.00 Total Other $0.00 Total Remitted $7.00 Change $0.00 Total Received $7.00 Total Amount: $7.00 I • printed by: Ella Ellis Page 1 of 1 06/28/2012 09:23:28 AM it Ai...Lk— . titla& CITY OF WATERLOO i ((- Council Communication City Council Meeting:June 25, 2012 Prepared: lune 20, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: REQUEST BY NATHAN VOAKLANDER FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 1529 WAKONDA DRIVE Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Summary Statement Attached is a request from NATHAN VOAKLANDER for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, to be located at 1529 WAKONDA DRIVE. Expenditure Required None Source of Funds None Policy Issue N/A Alternative None Background Information: This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Description: GREENBRIER LOT 79 WAIVER Date: Jur4E 1`( , 2012 Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a Co'.sc�t.-rt driveway or sidewalk located at (concrete or asphalt) \5Z9 LJA K.oatfr PR V (DRw&W# ro DowM LD s-r. • (Address) This waiver is needed because of: special surface texture(i.e.,exposed aggregate,brick stamped pattern, paving brick)to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. asphalt driveway with the elimination of the sidewalk section. placing a driveway or sidewalk on City right of way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expanses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully` i4 submitted,/ N �� THAN VOAANOro �(/,G. Printed Name of Property Owner Signature of Property Owner ,71Fgo CITY OF WATERLOO , IOWA ��5r'�%///► CITY CLERK AND FINANCE DEPARTMENT m 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4323 Fax(319)291-4571 SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer terloo � Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: June 25, 2012 MEMBERS Prepared: June 19, 2012 Dept. Head Signature: /y eftca-UW.-L DAVID Number of Attachments: None JONES Ward I CAROLYN SUBJECT: Year-end Transfer Resolutions COLE Ward2 Submitted by: Michelle Weidner, Chief Financial Officer HAROLD GETTY Recommended City Council Action: I recommend the adoption of the Ward3 following resolutions to comply with state law: QUENTINM. 1. Authorizing the transfer of $8,787,641.37 from Fund 200, Trust & Agency HRT Ward Fund, to Fund 010, General Fund to reimburse the general fund for eligible employee benefits expenses. RON WELPER The tax levy for the fiscal year ending June 30, 2012 included a portion for Wards employee benefits that is deposited to the trust fund (Fund 200) when collected and is subsequently available for transfer to the general fund to BOB reimburse the general fund for employee benefits. Under state law, GREENWOOD amounts received for the employee benefits levy are required to be At-Large deposited into the separate Trust & Agency fund and transferred to the STEVE general fund for eligible expenses. There is a printout of expenses that SCHMITT qualify to be paid by this levy available in my office for your review. At-Large 2. Authorize the adjustment of the transfer from Fund 200, Trust & Agency Fund, based on actual benefit costs related to the payroll to be paid June 20, 2012. 3. Authorizing the transfer of $577,936.68 from Fund 200, Trust & Agency Fund, to Fund 010, General Fund to reimburse the general fund for the amount of the emergency levy received. Under state law, amounts received for the emergency levy are required to be deposited into the separate Trust & Agency fund and transferred to the general fund for eligible expenses. CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Transfer Resolutions Council Communication Page 2 4. Authorizing the transfer of $46,752.00 from Fund 010, General Fund to Fund 100, Debt Service Fund in payment of debt payments made during FYE12 for the Five Sullivan Brothers Convention Center renovation. This transfer is made in accordance with Council's decision to repay the bonds issued June 2002 for renovations at the Convention Center with hotel/motel taxes. 5. Authorizing the transfer of $400,480.00 from Fund 010, General Fund to Fund 100, Debt Service Fund in payment of the Vision Iowa portions of general obligation bond principal and interest. This transfer is made in accordance with Council's decision that the annual distributions from the Black Hawk County Solid Waste Commission be used to pay the required matching contribution for the Vision Iowa project. 6. Authorizing the transfer of $2,478,411.36 from Fund 101 , Tax Increment Financing Fund to Fund 100, Debt Service Fund for the TIF portions of general obligation bond principal and interest paid during the fiscal year ending June 30, 2012. Under state law, TIF revenue collected that is used to make debt service payments on general obligation bonds for TIF projects must be received into the TIF fund and transferred to the debt service fund. 7. Authorizing the transfer of $2,408,823.50 from Fund 520, Sewer Fund to Fund 100, Debt Service Fund. This transfer is for the sewer fund portion of general obligation bond principal and interest paid during the fiscal year ending June 30, 2012. Under state law, sewer revenue collected that is used to make debt service payments on general obligation bonds for sewer projects must be received into the sewer fund and transferred to the debt service fund. 8. Authorizing the transfer of $942,575.48 from Fund 010, General Fund, to Fund 424, Vision Iowa Projects Fund. This transfers a portion of the distributions from the Black Hawk County Solid Waste Commission to the Vision Iowa Projects Fund to pay for construction and related engineering services for the Riverwalk Loop, Cedar River Plaza and the Amphitheatre. 9. Authorizing additional transfers from Fund 010, General Fund, to Fund 424, Vision Iowa Projects Fund in an amount to cover all additional expenses incurred through June 30, 2012 not previously transferred. 10.Authorizing the transfer of $958,144.31 from Fund 521, Storm Water Fund, to Fund 424, Vision Iowa Projects Fund for the portion of the Cattle Congress Pump Station contract funded with storm water fees. 11.Authorizing additional transfers from Fund 521, Storm Water Fund, to Fund 424, Vision Iowa Projects Fund in an amount to cover all additional expenses incurred through June 30, 2012 not previously transferred. Transfer Resolutions Council Communication Page 3 12.Authorizing the transfer of $1,007,516.83 from Fund 101, Tax Increment Financing Fund to Fund 426, Capital Improvements Fund to reimburse amounts paid for the following projects: a. L&H Farms land purchase $ 751,943.25 b. San Marnan environmental site assessment 5,999.28 c. Secor Railroad Spur Project 94,776.85 d. 123 Stanley Court land purchase 100,000.00 e. 1823 Black Hawk land purchase 12,237.92 f. Rick McCloud lien release 7,258.75 g. Martin Road sanitary sewer design 1,505.00 h. Failor-Hurley economic development grant 17.00 i. Downtown TIF expansion 1,063.75 j. Government Relations contract 8,000.00 k. CVS Pharmacy site development services 610.10 I. Techworks development services 24,104.93 Total $ 1,007,516.83 Under state law, TIF revenue collected that is used directly for TIF projects must be received into the TIF fund and transferred to the capital projects fund. 13.Authorizing additional transfers from Fund 101, Tax Increment Financing Fund, to Fund 426, Capital Improvements Fund in an amount to cover all additional expenses incurred through June 30, 2012 for the Secor Railroad Spur and the Martin Road Sanitary Sewer Project. Under state law, TIF revenue collected that is used directly for TlF projects must be received into the TIF fund and transferred to the capital projects fund. This resolution authorizes the transfer for any work completed but not paid for by June 30, 2012. 14.Authorizing the transfer of $88,500 from Fund 101, Tax Increment Financing Fund to the General Fund, Fund 010, to reimburse contract expenses paid by the General Fund for TIF contract expenses. Under state law, project expenses allocated to TIF revenue must be spent from the general fund and the TIF revenue transferred to the general fund as reimbursement for the amounts spent. Summary Statement: See explanations provided above with each resolution. Expenditure Required: Various as noted above. Source of Funds: Various as noted above. Policy Issue: These transfers are made to comply with state law and council's direction regarding sources of payment for various expenses. Alternative: None. FINANCE DEPT. STAFF ONLY 010-11-1160-1532 TRAVEL REQUEST 11PRO-DARE & CITY OF WATERLOO LINE ITEM USED 010-11-1100-1346 FY_13_ BUDGETED 4., ,341E /53 L 4U EXPENDED YTD - THIS REQUEST /,F73.do LEFT AFTER THIS REQUEST 46: yv DATC h 7dfY NAME(S) AND POSITION(S): DATE: Ori inal-Clerk/Finance Copy-Department Officer Jeremy Copp Jur- 7,20 f2 NAME OF CLASS / MEETING: DESTINATION: Lyons, Illinois. Basic SRO Certification Class DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: July 29,2012 August 3, 2012 July 30-Aug 3,2012 PURPOSE OF TRAVEL: This course will certify Officer Copp as a School Resource Officer and train him in three major areas: functioning as a police officer in a school setting, working as a resource and problem solver and the development of teaching skills. Attendees will be given a working knowledge of the school resource officer concept and how to establish a lasting partnership with their schools. A city vehicle will be needed for transportation to the training Center. The funds for this training will be paid out of the Dare Fund and the travel training line. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: Waterloo ESTIMATE OF COST: BUDGET LINE ITEM: 010-11-1100-1346 625.00 LODGING TAXI x GRANT REIMBURSABLE 248.00 MEALS PARKING YES NO 500.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION 100.00 MILEAGE/FUEL MISCITOLLS YES NO TOTAL FOR ALL: $ 1473.00 TOTAL: $ 1473.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD YOR L --t - � �-,� �''�� 6-0 (9 DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 22L) /41 52)1) TRAVEL REQUEST FYv<G_i' BUDGETED ,;?Cov.ov CITY OF WATERLOO EXPENDED YTD 7,{-7 0') THIS REQUEST LEFT AFTER THIS REQUEST /Wj V DATE Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Brian Rath— Treatment Operator Supervisor 6/11/2012 NAME OF CLASS/MEETING: DESTINATION: DEPARTURE POINT Annual Bob Black Wastewater Conference IF NOT WATERLOO: Kirkwood Community College Cedar Rapids, IA 52406 DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: Monday July 30fh 2012 PURPOSE OF TRAVEL: Ceu's Waste Water Operator certification WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: COST$ YES NO METHOD OF TRAVEL: x CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: Waterloo ESTIMATE OF COST: BUDGET LINE ITEM: 520 14 5200 1346 LODGING TAXI GRANT REIMBURSABLE MEALS PARKING YES NO $135.00 REGISTRATION AIRFARE REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 135.00 TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO & Z< /1 PARTHEAD MAYOR e4/), 7 Zi DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED 'ie la I s oo I34 ' TRAVEL REQUEST FY BUDGETED a70.0,0o CITY OF WATERLOO EXPENDED YTD THIS REQUEST /33.82 LEFT AFTER THIS REQUEST ,26(p(p, a DATE 1/4., 6-/3-3r!/R- NAME(S) AND POSITION(S): DATE: a c ;y„•I cir,�Ir, ,�,�r tiNY Pat Treloar, Chief of Fire Services June 12, 2012 NAME OF CLASS/ MEETING: DESTINATION: Emmitsburg, MD MULTI ALARM INCIDENTS DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: July 20, 2012 July 28, 2012 July 22-27, 2012 PURPOSE OF TRAVEL: Attend R297: CMD/CTRL.DCSN.MKG MULTI ALARM 1NCD CLASS IN EMMITSBURG, MD. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: x CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: Waterloo, Iowa ESTIMATE OF COST: BUDGET LINE ITEM: LODGING TAXI x GRANT REIMBURSABLE $133.82 MEALS PARKING YES NO REGISTRATION AIRFARE x REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ $133.82 TOTAL: $ PER PERSON �J.BE1 tEVE-THFS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLO -e4/ DEPARTMENT HEA43 MAYOR l)C_ / Oss 19 0- DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED { %) /,2 NOD /3 I , TRAVEL REQUEST FY ;1- '> BUDGETED 700.00 CITY OF WATERLOO EXPENDED YTD THIS REQUEST 0744).44251 LEFT AFTER THIS REQUEST ,?;alp 70 DATE )4,, 6.. r 3-5u/ti Original- Clerk/Finance 'Copy- Department NAME(S) AND POSITION(S): Date: Steve Jordan, Fire Marshal June 12, 2012 NAME OF CLASS / MEETING: DESTINATION: Emmitsburg, MA R222- Principals of Fire Protection: Structures and Systems DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: September 22, 2012 October 6, 2012 Sept. 24 to Oct. 5, 2012 PURPOSE OF TRAVEL: Attend Principals of Fire Protection: Structures and Systems Class. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE x PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: LODGING TAXI x GRANT REIMBURSABLE 240.48 MEALS PARKING YES NO REGISTRATION AIRFARE x REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 240.48 TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST ANp FS NECESSARY AND BENEFI JAL TO THE CITY OF VY)AT O DEPA TMENT D MAYOR tA) Lq5/149- iZi tired Goodies\Forms\Travel Request Form January 2010 DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED I/p / Z Afee) oetto TRAVEL REQUEST FY. / BUDGETED CITY OF WATERLOO EXPENDED YTD THIS REQUEST a?34, LEFT AFTER THIS REQUEST „2411o6. NAME(S) AND POSITION(S): DATE: DA I t � G ihv Y Original-Clerk/Finance Copy-Department Carl Reninger June 14, 2012 NAME OF CLASS / MEETING: DESTINATION: Emmitsburg, MD Communications for Emergency Services Success DEPARTURE POINT IF NOT WATERLOO: Cedar Rapids Airport DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: July 8, 2012 July 20, 2012 July 9-19, 2012 PURPOSE OF TRAVEL: Attend R107 Communications for Emergency Services Success class in Emmitsburg, MA at the National Emergency Training Center. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: 2013 Budget BUDGET LINE ITEM: 010-12-1400-1346 LODGING TAXI x GRANT REIMBURSABLE 234.48 MEALS PARKING YES NO REGISTRATION AIRFARE x REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 234.48 TOTAL: $ 0 PER PERSON All other cost covered by Stipend monies. I BELIEVE THIS TRIP SERVES A PUBLIC-PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECES ARY. AND N IAL TO THE CITY OF WAT LCal dgl E THE D MAYOR q,05(per2--. DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED ON 0)O /MO TRAVEL REQUEST FY,2 C/.BUDGETED 46/4 .G r N(p CITY OF WATERLOO EXPENDED YTD 1/0g5"-O3 THIS REQUEST 46'Zf$ LEFT AFTER THIS REQUEST DATE 7 /6..` G'-/S ,1i'02 Original-Clerk/Finance Copy-Department NAME(S)AND POSITION(S): DATE: Forestry Crew 6/13/2012 NAME OF CLASS/MEETING: DESTINATION: 1101 Campbell Avenue ACRT Inc. Line Clearance Manual and certification tests DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: N/A N/A N/A PURPOSE OF TRAVEL/TRAINING: Forestry is required to be certified to trim trees within the 10-foot safety zone of power lines. The training manual is purchased for employees to learn and study. The certification tests are also purchased. This is OSHA required training. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-37-4100-1346 LODGING TAXI X GRANT REIMBURSABLE MEALS PARKING YES NO REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO $467.68 for 1 manual, 5 tests and TOTAL FOR ALL: $ freight TOTAL: $ 93.54 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY O WA ERLOO 1‘04J T NT MAYOR (1/9154i a-- R!� .red Goodies\Forrns\Travel Request Form January 2010 DATE CITY OF WATERLOO Council/Committee Communication O, Council Meeting: June J.8', 2012 Prepared: J ne 13, 20 2 Dept. Head Signature: # of Attachments: / SUBJECT: Appointment of Kathleen Wernimont to her first, six-year term to the Library Board of Trustees. Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: • Mrs. Wernimont's term will run 7/1/12 through 6/30/18. CITY OF WA TERLOO Iltat oipd,z,62-- Council Communication City Council Meeting:June 11, 2012 Prepared: May 31, 2012 Dept.Head Signature: PH # of Attachments: SUBJECT: 2012 RIVERFRONT SPORTS PARK EAST&WEST EXCHANGE FIELD LIGHTING PROJECT Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action:Approve Specifications and Form of Contract for the 2012 RIVERFRONT SPORTS PARK EAST&WEST EXCHANGE FIELD LIGHTING PROTECT at Cedar River/Exchange Park and set the date of Public Hearing and Bid Opening as June 25, 2012. Summary Statement: This project is to replace East Exchange lights with poles and new lights with poles on West Exchange Diamonds. Above-referenced project documents will be available for review in the office of the City Clerk, 715 Mulberry St. and Leisure Services, 1101 Campbell Ave, Waterloo, Iowa. Expenditure Required: No expenditure at this time. Source of Funds: Project cost will be funded by Leisure Services-Sports Improvement and Black Hawk Gaming Grant. Policy Issue: NA Alternative: NA Background Information: o East Exchange poles have been in place over 20 years, which exceeds normal life expectancies. o West Exchange needs lighting with the expansion of youth programming in baseball/softball and flag football. o MODUS is under contract for lighting design for Riverfront Sports Park. w 2012 Riverfront Sports Park East & West Exchange Field Lighting Project June 25, 2012 Bid Tab Estimate: $ /C 5/, OC-O . ' Bid Security Required Bidder Bid Security Bid Amount KW Electric Inc. C$ 9C"-6 ei P.O. Box 967 C :af/ l Cedar Falls, Iowa 50613 I' !�/G� CITY OF WATERLOO , IOWA 11Ra, wT�/�� COMMUNITY PLANNING AND DEVELOPMENT ........S�tD 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 °rerloo NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO b)5126 -- Mayor BUCK CLARK L, V1G( Council Communication �( N . G2 5 COUNCIL City Council Meeting: June 11, 2012 qU,56 21?> MEMBERS Prepared: June 8, 2012 Dept. Head Signature: Noel Anderson, Community Planning & Development Director DAVID # of Attachments: 0 JONES Ward SUBJECT: Set a date of hearing for approval of a Development Agreement CAROLYN between the City of Waterloo and Residential Development Partners LLC for the COLE sale and conveyance of city-owned properties generally described as: portion of the Ward2 former Van Eaton School site, former Lafayette School site, Baltimore field, and HAROLD Williston Field, for $1.00, for the infill development of housing within the City of GETTY Waterloo Ward 3 QUENTIN Submitted by: Noel Anderson, Community Planning & Development Director HART Ward 4 Recommended City Council Action: Resolution approving Development Agreement RON WEL Ward PER Summary Statement: As you may recall from the previous Work Session, Residential Development Partners LLC would like to work to bring new infill housing BOB development to the City of Waterloo. This would be a multi-year development GREENWOOD agreement with the City of Waterloo for several city-owned properties: At-Large STEVE - Land of and near former Van Eaton School site SCHMITF - Baltimore Field At-Large - Williston Field - Land of and near former Lafayette School site This agreement would represent a slightly different approach, as it would lock up the land for a number of years for one development group. At the same time, it would present a larger redevelopment effort, contain reversion wording, etc. to try and keep the land on the forefront of development. The summary of agreement: 1. Land conveyed by City to Company for $1.00 2. Company to build homes in $150,000 to $200,000 range 3. Company has a timeframe to build 5 plus homes per year throughout sites CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! WAf E RLCC An Equal Opportunity/Affirmative Action Employer 4. Company has timeframe to construct necessary infrastructure to create and develop portions of sites 5. Inability of Company to meet timeframe will start reversion process of land back to City 6. City agrees to demolish Lafayette School within 4 years 7. City agrees to review options in and around Van Eaton site with other parties Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development Alternative: NA Background Information: The City of Waterloo has been working to redevelop infill sites, and has taken ownership of some larger parcels of land to stimulate that effort, both from the Waterloo Community Schools and from private developers in the near past. This is a positive effort towards working on the infill development of these sites. y r ..,.� y a .yf .. e i b .wa ,•iG+ �'ar .. ,� li , s DEAR84RN AVE t x r ! v,,. ,` . y��y 4 e L� s ,# !Y� {� rAli• Y • r S.d • iSY 5.. • _ Cj+'�`- 1 H t.t `k ,� AY i yI S i . rk 6 ay .q " $" t yG a°t i ....i c "!'r ,� 1 , s 9 k �i h,{, tr _ ny 11 �y`-wl xt zy ¢ 1 it G ; J 'Wt:LI 74s ;' 6 e .. .- iCi193 G1iGait9nc:. 1 '1ft ._.q . fe 94 F1.=3 r I 3b",4 iiiiii ,3 aA y S mx �g � •�i 9T �[ 111161114... 4,*444 .444 ��rvw ^li+ ^aP.riM6.Jm *}'�am .>� rNa y' F s a^Ya ♦ "'�` - 9Art FOREST AVE µ Y It, L. ' i"a tel: # ;. , r a; ." *., z HAWTM©RNEAVE 1 " t r; $ 4 n .,+Mc` °*fi"s.x`. .N e z#5.0., )- ,. ¢. ++� ,,i. p r-s.a ems' 5 .aa' 7- �S`,`�`f t ki0"`r as , tc...ifzI ," 1 h NNN1 ` 'g n A t ta a.-."F.7( i y '�y�[+ ... � 12=v1 '^�r'4w ".w. : i ass s �'l " - . _ 3 — •gyp) V . I 1.hyt r.,O t Id wilh Ar .S ICnpyngAi 4C11992.2Ktl "! �, .. x - Y 7^a ,. 4 PLEASANT ST - `, a R "'�:xti ~ d ti'rm, - F 'fit ...i.+.�. s ti -'R { • • P .'v r i }M .A tkf' i ^ ^"1 ` .vR+ ... da mrR Yeg- 'i / x Ctt1 } . [ ar .M.r,w a . N AVE r.n. . t:` NILL1STt*` ` '.' • ii 0 '1CYs � � MM ci x : "Y t` a . 104ft� x. �er.c pri � � o..a d-7 -- Preparer Information.. Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319)234.5701 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2012 by and between Residential Development Partners, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). Jim D. Ellis is a principal of Company and executes the personal guaranty at the end of this Agreement for the purposes stated therein. RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct single-family homes and related improvements on property located throughout the territory of the City on lands formerly owned by the school district, and legally described on Exhibit "A" attached hereto (the "Properties"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Properties; Title. Subject to the terms hereof, City shall convey the Properties 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, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (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 Properties; and (d) restrictions imposed by the City zoning ordinances and other applicable law. No less than fourteen (14) days prior to the anticipated date of conveyance, City shall, at its own expense, DEVELOPMENT AGREEMENT Page 2 deliver to Company 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. 2. Improvements by Company. Company shall plat the Properties for development and construction of single-family homes having a value in the range of $150,000 to $200,000 each[ch 1sw>>. Each separate lot upon which a home will be constructed shall be completed to a finished state, including installation of driveways and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (home construction and finishing as so described are referred to as the "Housing Improvements"). The Housing Improvements and the Infrastructure Improvements (defined below) 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. The Properties, the Housing Improvements, the Infrastructure Improvements and all site preparation and development-related work to make the Properties usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". The Project shall be divided into the phases described as Baltimore, Burton, Lafayette and Williston, and the Burton and Lafayette phases may be further divided as described in Section 6. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Properties to Company and that without said commitment City would not do so. Company must undertake the actions described on Exhibit "B" attached hereto (the "Infrastructure Improvements"), within the time stated on said Exhibit "B" with respect to each separate phase. The timely commencement of Infrastructure Improvements (including completed platting) for a given phase, or for a portion thereof, is referred to the "Release Event" for such phase or phase portion. If Company has not, in good faith, begun the construction of any phase of the Infrastructure Improvements on the schedule stated in Exhibit "B" attached hereto, then title to the Properties lying within such phase shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun at the end of any phase commencement period but the development of such phase 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 Infrastructure Improvements, and if an extension is granted but construction of the Infrastructure Improvements has not begun within such extended period, then the title to the Properties lying within such phase shall revert to the City after the end of said extended period. If Company determines at any time that a phase of the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Properties lying within such phase to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If DEVELOPMENT AGREEMENT Page 3 development has commenced within the required period 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 of any phase or of the entire Project 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 then title to the Properties or, as applicable, to a given phase of the Properties or to a portion of a phase of the Properties as described in Section 6, shall revert to the City. 4. Reverter of Title; Buyout Option. Title shall not revert to City as to any Project phase, or portion thereof as described in Section 6, for which the Release Event has occurred. 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 Properties that is free and clear of any lien, claim, or encumbrance arising by or through Company. Concurrently with the deed, Company shall deliver to City the abstracts of title for Properties conveyed. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Properties. If Company fails to deliver such documents, including but not limited to a special warranty deed and related abstracts of title, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on 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. In lieu of any reverter of title, Company shall have an option to purchase the Properties subject to reverter for a sum equal to the value of such Properties determined by appraisal, minus documented expenses actually incurred by Company with respect to such Properties (the "Reversion Buyout Price"). Said option shall be exercised by delivering written notice to City no later than the last day for commence- ment of Infrastructure Improvements pursuant to Section 3. Company shall deliver the Reversion Buyout Price to City within thirty (30) days of the date that notice of option exercise is delivered to the City. After receipt of the Reversion Buyout Price, the City shall execute and deliver to Company a written instrument evidencing release and termination of the City's reversion rights. 5. Indemnity. 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, claim, charge, or encumbrance on or against the Properties of any type or nature whatsoever that attaches to the Properties 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. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. DEVELOPMENT AGREEMENT Page 4 6. City Activities in Aid of Development. A. Demolition. The parties acknowledge that the Lafayette phase property consists of lots in Blocks 18 and 19, in Linden Place subdivision, separated by Indiana Street, and that the lots in Block 19 are clear of structures but a former school building remains on the lots in Block 18. Within four (4) years[chr1sw2] from the date this Agreement is approved by city council, City shall demolish and clear the Block 18 site and thereafter convey same to Company. At Company's request, City shall convey the Block 19 lots to Company at any time after this Agreement is approved by city council. B. Assembly of Burton phase area. The parties acknowledge that the Burton phase property consists of 2.2 acres already under City ownership and approx- imately 4.38 acres under ownership by the Waterloo Board of Park Commissioners. City shall exercise reasonable diligence and good faith efforts to acquire ownership of the parkland, or cause the parkland to be conveyed to Company. At Company's request, City shall convey the smaller, City-owned parcel to Company at any time after this Agreement is approved by city council. C. Property maintenance. Until the city council approves final platting for a phase area or portion thereof, City shall be responsible, at its own expense, for necessary mowing, snow removal and maintenance of existing sidewalks. As to any Properties under Company ownership, Company agrees to permit City employees or agents reasonable access for these purposes. 7. No Encumbrances; Limited Exception. Until the Release Event for a phase of Infrastructure Improvements has occurred, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Properties lying within any such phase, other than such mortgage or mortgages as may be reasonably necessary to finance Company's undertaking of the Infrastructure Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Properties or any part thereof for any purpose except in connection with financing of the Infrastructure Improvements. 8. Water and Sewer. Company will be responsible for extending water and sewer service to any location on the Properties and for payment of any associated connection fees. 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. DEVELOPMENT AGREEMENT Page 5 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. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company 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. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 11. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in any phase area of the Properties prior to commencement of the Infrastructure Improvements for such phase area, 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. 12. 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. 13. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: DEVELOPMENT AGREEMENT Page 6 (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Residential Development Partners, LLC, 402 E. 4th Street, suite 101, Waterloo, IA, 50703, Attention: Jim D. Ellis. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 14. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 16. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 17. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. DEVELOPMENT AGREEMENT Page 7 18. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 19. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 20. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 21. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA RESIDENTIAL DEVELOPMENT PARTNERS, LLC By: By: Ernest G. Clark, Mayor Jim D. Ellis, Manager Attest: Suzy Schares, City Clerk PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member 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. Liability of guarantors hereunder is joint and several. Jim D. Ellis EXHIBIT "B" Project Phases Within the periods stated below with respect to each separate phase of Improvements, Company will have taken all actions necessary to plat the phase area, including but not limited to recording plat documents, and will have begun construction of infrastructure improvements, including but not limited to sanitary sewer, storm sewer, and water main. All of such actions, including the completion of platting, are referred to as the "Infra- structure Improvements." 1. Baltimore. Within five (5) years from date this Agreement is approved by the Waterloo City Council. 2. Burton. With respect to each part of the phase area, within five (5) years from the date of deed for such part, including property currently titled in the Waterloo Board of Park Commissioners. 3. Lafayette. Within five (5) years from the date this Agreement is approved by the Waterloo City Council. 4. Williston. Within five (5) years from the date that the phase area is released from flood plain designation. Project Phases Within the periods stated below with respect to each separate phase of Improvements, Company will have taken all actions necessary to plat the phase area, including but not limited to recording plat documents, and will have begun construction of infrastructure improvements, including but not limited to sanitary sewer, storm sewer, and water main. All of such actions, including the completion of platting, are referred to as the "Infrastructure Improvements." 1. Baltimore. Within five (5)years from date this Agreement is approved by the Waterloo City Council. 2. Burton. With respect to each part of the phase area, within five (5) years from the date of deed for such part, including property currently titled in the Waterloo Board of Park Commissioners. 3. Lafayette. Block 19: Within five (5) years from the date this Agreement is approved by the Waterloo City Council. Block 18: Within three (3) years from the date the City demolishes and clears Block 18 for development. 4. Williston. Within five (5) years from the date that the phase area is released from flood plain designation House Building Schedule The Company agrees to build the following number of homes on the sites mentioned above. The home count shall be collective, and not limited to one site: Year 1-4 homes Year 2 -8 homes Year 3 -6 homes Year 4-6 homes Year 5 -8 homes Total number of homes built by the end of year 5: 32 homes. Company and City will have a progress meeting regarding the above described improvement on July 1st of each year following approval of this agreement by the City Council. The City agrees to allow development on the sites to continue if development is imminent. Registered Speakers 6/25/2012 Charles Howlett 327 Madison Street Waterloo, Iowa 50703 319-233-4197 RE: Item number 3 — Development Agreement with Residential Development Partners LLC for the sale and conveyance of city-owned properties generally described as: portion of the former Van Eaton School site, former Lafayette School site, Baltimore field and Williston field for $1.00 for the infill development of housing within the City of Waterloo Charels Peyton 220 Linwood Avenue Waterloo, Iowa 50702 319-232-2371 RE: Item number 3 — Development Agreement with Residential Development Partners LLC for the sale and conveyance of city-owned properties generally described as: portion of the former Van Eaton School site, former Lafayette School site, Baltimore field and Williston field for $1.00 for the infill development of housing within the City of Waterloo RESIDENTIAL DEVELOPMENT PARTNERS, LLC Talking Points for Waterloo City Council 6/25/12 Meeting 1. The parcels include: Baltimore Field. Williston Field, Former Van Eaton School Site, Old Lafayette School Site. 2. Baltimore Field: This is intended for single family homes only with 70'-80' Lots. There will be no multi-family construction. These homes will be Market Rate with 2 car garages. Because all parcels are Zoned RP, all plans must be reviewed by City Council in a public meeting. Excess dirt will be moved to Miller Park. Under the guidance of the Waterloo Park Dept Staff, the intent is to improve Miller Park and reshape the hill for better use. We feel that it is critical to enlist the City's help in improving the neighborhood, removing any blight, and enlisting the support of the neighbors to ensure that any further deterioration is stopped. 3. Williston Field: There can be no activity until FEMA rules on the site. While planning will be done for the development, there can be no action until the City receives the decision. 4. Lafayette School: The school site can't begin until the demolition of the school. We are talking with commercial prospects and will bring to Council any possibilities for commercial and/or residential development. RESIDENTIAL DEVELOPMENT PARTNERS, LLC 5. Van Eaton School: This site will require discussion with Leisure Services and Black Hawk County in order to come up with a plan for infill housing. We will want to keep Allen Hospital involved in our discussions as they have a significant investment, as does the City, in that area. 6. General Action: No parcels will be "cherry picked" by placing only one or two homes on a site just for sales. It is important that all planning be done, to include a build out schedule and RP review, before beginning infrastructure and construction. Planning and Zoning has requested that we begin the pricing at $150,000.00. We will have professional appraisals done to insure that we are Market Rate and able to get the appraisal price in order to start construction. We plan on creating 65 single family home lots with various home styles in keeping with the look of each neighborhood on both the East and West side of our City. We have agreed to a schedule of single family home construction each year and will provide updates and an annual review with the Council. We will provide infrastructure on all four parcels. RDP,LLC RESIDENTIAL DEVELOPMENT PARTNERS, LLC Council Notes RDP,LLC Page 3 Project Phases Within the periods stated below with respect to each separate phase of Improvements, Company will have taken all actions necessary to plat the phase area, including but not limited to recording plat documents, and will have begun construction of infrastructure improvements, including but not limited to sanitary sewer, storm sewer, and water main. All of such actions, including the completion of platting, are referred to as the "Infrastructure Improvements." 1. Baltimore. Within five (5)years from date this Agreement is approved by the Waterloo City Council. 2. Burton. With respect to each part of the phase area, within five (5) years from the date of deed for such part, including property currently titled in the Waterloo Board of Park Commissioners. 3. Lafayette. Block 19: Within five (5) years from the date this Agreement is approved by the Waterloo City Council. Block 18: Within three (3) years from the date the City demolishes and clears Block 18 for development. 4. Williston. Within five (5) years from the date that the phase area is released from flood plain designation House Building Schedule The Company agrees to build the following number of homes on the sites mentioned above. The home count shall be collective, and not limited to one site: Year 1 -4 homes Year 2 - 8 homes Year 3 - 6 homes Year 4-6 homes Year 5 -8 homes Total number of homes built by the end of year 5: 32 homes. Company and City will have a progress meeting regarding the above described improvement on July 1st of each year following approval of this agreement by the City Council. The City agrees to allow development on the sites to continue if development is imminent. Registered Speakers 6/25/2012 Charles Howlett 327 Madison Street Waterloo, Iowa 50703 319-233-4197 RE: Item number 3 — Development Agreement with Residential Development Partners LLC for the sale and conveyance of city-owned properties generally described as: portion of the former Van Eaton School site, former Lafayette School site, Baltimore field and Williston field for $1.00 for the infill development of housing within the City of Waterloo Charels Peyton 220 Linwood Avenue Waterloo, Iowa 50702 319-232-2371 RE: Item number 3 — Development Agreement with Residential Development Partners LLC for the sale and conveyance of city-owned properties generally described as: portion of the former Van Eaton School site, former Lafayette School site, Baltimore field and Williston field for $1.00 for the infill development of housing within the City of Waterloo CITY OF WATERLOO , IOWA L101 I•lk �w. wger COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 drerloo %° NOEL C.ANDERSON,Community Planning&Development Director Council Communication � W9d(2"City Council Meeting: une 11 20 / G 1 "`Prepared:June 5, 2012 Mayor � Dept. Head Signature: ,� tfP, / o u v2Lc 74 I BUCK CLARK # of Attachments: G' I1a-1 Np , `O (I2Slp O ft linp.,lnbc No. 12 SUBJECT: Request by Union Baptist Church to vacate portions of Jackson and COUNCIL Merriman Streets to allow for the development of mini storage. MEMBERS Submitted by:Noel Anderson, Community Planning&Development Director DAVID Recommended City Council Action: That the City Council set a date of public JONES hearing and publish an official notice pertinent to the request to vacate, sell and Ward Ward 1 convey, and have the Mayor and City Clerk execute the same. CAROLYN COLE Summary Statement:The proposed vacate would comprise of a 60' x 500' or Ward 2 30,000 sq. ft. of portions of Jackson and Merriman Streets.The purpose for the HAROLD request to vacate is to allow for orderly development of a 79-unit mini storage GETTY Ward 3 facility. The portions of right of way to be vacated are considered to be very lightly traveled therefore,vacating this portion of street will not have a negative impact on QUENTIN traffic in the area. HART Ward 4 There is a 6"waterline with the area to be relocated that will be relocated at the RON owner's expense.The applicant has been working with the Waterloo Water Works WELPER to develop a plan to do so. Ward S BOB The asking price of$9,600 was calculated by using adjoining assessed values and GREENWOOD calculating and average per sq ft price,which is .32 cents. However, the Sale of At-Large Property Policy allows for 70% of the assessed value ($6,720) as a legitimate offer STEVE price.Applicants can also offer less than the assessed value when there are costs SCHMITT associated with the vacate such as surveying or in this case the relocation of the 6" At-Large waterline that is estimated to cost$20,000 to relocate. Although the amount is not known at this time, there will be future taxes paid on structures themselves, as mini storage structures are for profit therefore taxes will be paid to the county.The offer price for the streets submitted by Union Baptist Church is $1.00. Considering the factors mentioned above it would appear that the offer price of$1.00 meets the Sale of Property Policy. Expenditure Required:N/A Source of Funds:N/A Policy Issue: Un-needed excess right-of-way CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 11* An Equal Opportunity/Affirmative Action Employer City of Waterloo Planning & Zoning Department 715 Mulberry Street,Waterloo,Iowa 50703 ��{{ (319) 291-4366 Offer to Vacate and Purchase City Right-of-Way ❑ Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement U Sale of City-Owned Property Applicant: dress: ' C.VCo-N . Phone No.:-In— t�-V3 General Description of Property to Vacated(i.e.-alley between A St. &B St., South of C St.): Legal description of area to be conveyed, vacated,or encroached: 1. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo): • Right-of-way vacation—One Hundred Seventy Five Dollar($175.00)Filing Fee • Easement or sidewalk vacation—Seventy Five Dollar($75.00)Filing Fee • Encroachment—One Hundred Dollar($100.00) Filling Fee • Sale of city-owned property not required to be vacated—No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc., demolition, remove of curbs,etc): aa,wD woo Asking price—Deductions=Value of Property: 24locx ) � Offer Price for Entire Area: /d DC? Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. Applica Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Request to Vacate Portions of Jackson Street and 7:. Merriman Street by Union Baptist Church at 130 Jackson St F a J � � e ... "xS - y `w•,'1` Fp mow.- ., ein 4 .:_ .. � , '''''' 7-47: 4 „- - - Shilliam Street '` ff 130>.:. A, —,- 1 ,� 1 Jackson Street €. -k : y �/`�bh�3 MAC+-F. 1�t Yn r- 'fit .."+ g,_, tb- xm. <, y. Area Requested to be Vacated _ �� 4. ' '� y ,.k 44 Canadian National Rail Yard " - t ,, N 100 50 0 100 Feet u __fix- ':..r ♦,"„tA ♦a� .x r R A. y 'a. . , s r ., an t l 6 .p Af 4X ' 0 ail , - * ' v efi 4 #.F P-ix it 3 y � - s + - a - q F .jilt' S X T a edk AC1n . vE l .- ^ :. M �a , Y l'� _ _ ^ :. s & ! , r r Y ' ^ r MSnt - ._.. -f • mx e .,'^. 3 77 f ; i • tAirAl z" • - . a_° May 1, 2012 REQUEST: Request By Union Baptist Church to vacate portions of Jackson and Merriman Streets to allow for the development of mini storage. APPLICANT: Union Baptist Church — 209 Jackson Street GENERAL The applicant is requesting to vacate the portions of Jackson and DESCRIPTION: Merriman Streets located adjacent to Block 7 of Shilliams 3rd Addition to allow for mini storage. IMPACT ON The area in question is principally residential in nature. Union NEIGHBORHOOD & Baptist Church is located directly to the north. The Canadian SURROUNDING Northern Railroad switching yard is located to the south and west. LAND USE: There is a home at 118 Shilliam that is immediately adjacent to the west of the area to be rezoned, however, it is fire damaged and vacant. The church owns the vacant lots to directly to the east, which were recently approved for mini-storage development. VEHICULAR & Jackson, Merriman, Shilliam, and Halstead Streets, which are PEDESTRIAN considered local streets, serve the proposed vacate area. There TRAFFIC are sidewalks along Jackson and Shilliam Streets. CONDITIONS: RELATIONSHIP TO There are no trails near the area to be vacated. RECREATIONAL TRAIL PLAN: ZONING HISTORY The proposed area to be vacated is currently zoned "R-2" One and FOR SITE AND Two Family Residence District and has been zoned as such since IMMEDIATE VICINITY: the adoption on the zoning ordinance in 1969. Properties in the immediate vicinity are also zoned as such with the exception of the switching yard to the south which is zoned "M-1" Light Industrial and the area to the east that was rezoned to "C-2, C-Z" by Union Baptist Church for mini-storage development. DEVELOPMENT The majority of the surrounding area is comprised of one and two HISTORY: family dwellings. In December 2010, the applicant purchased vacant lots and vacated an alley to east of the area to be vacated and rezoned the property from "R-2" to "C-2, C-Z". FLOODPLAIN: The area to be vacated is in the Zone X, which is not a special flood hazard area as established by the Federal Emergency Management Association (FEMA) Flood Insurance Rate Map dated July 3, 1985. PUBLIC /OPEN East High School is located 950 ft south of the site, and SPACES/ SCHOOLS: Cunningham School for excellence is located 5 blocks north of the site. UTILITIES: WATER, There is an 8" sanitary sewer line runs along Jackson, Merriman, SANITARY SEWER, and Halstead Street. There is a 21" storm sewer line that runs STORM SEWER down Halstead Street. There is also a 6" waterline in the area to be vacated that will need to be relocated at the applicant's expense. RELATIONSHIP TO The Future Land Use Map designates this area as Low Density COMPREHENSIVE Residential. The Comprehensive Plan promotes the highest and Alley Vacate for Mini Storage Page 1 of 2 May 1,2012 LAND USE PLAN: best use of land as well as Smart Growth. If the street is not needed for future and present city needs this request would be in conformance with the goals and objectives of the Comprehensive Plan STAFF ANALYSIS — The proposed vacate would be comprised of an approximately 60' ZONING x 500' or 30,000 sq. ft. portion of Jackson and Merriman Streets. ORDINANCE: The purpose for the request to vacate is to allow for orderly development of a 79-unit mini storage facility. The portions of right of way to be vacated are considered to be very lightly traveled therefore, vacating this portion of street will not have a negative impact on traffic in the area. There is a 6" waterline with the area to be relocated that will be relocated at the owner's expense. The applicant has been working with the Waterloo Water Works to develop a plan to do so. STAFF ANALYSIS — SUBDIVISION There is no platting required for this request. ORDINANCE: STAFF Therefore, staff recommends the request to vacate the 60' x RECOMMENDATION: 500' sq. ft portions of Jackson and Merriman Streets for the purpose of constructing a mini-storage facility, be approved for the following reasons: 1.The request to vacate would not appear to have an adverse affect on the neighborhood. 2.The request would dispose of right-of-way that is not heavily used and not needed for present or future public purposes. Subject to the following: 1. That the applicant shall be responsible for removal and disposal of the street and sidewalk located within the area to be vacated. 2. The City will not transfer ownership to the applicant until a contract is in place with the Waterloo Water Works to relocate the water line in Jackson and Merriman or that an easement is put in place over the entire area in question. Alley Vacate for Mini Storage Page 2 of 2 For the church vacate, please use this for publication purposes: That part of Jackson Street lying southerly of the southerly right of way line of Shilliam Avenue, that part of Merriam Street lying westerly of the westerly right of way line of Halstead Street, and the unplatted southeasterly extension of Jackson Street and the unplatted northwesterly extension of Merriam Street which connect on a curve crossing Lots 5 and 6 in Block 7, Shilliam's 31-d Subdivision, City of Waterloo, Iowa. ,_"' �.��y CITY OF WATERLOO , IOWA m COMMUNITY PLANNING AND DEVELOPMENT ,�S� 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dtOflOO `O NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: une 11 2 / (2- CLARK BUCK Mayor Prepared: Tune6, 2012 ( �s9r)De t. Head �` ' 4IJ�p Signature: # of Attachments: (tctk , L with I ` /�,� COUNCIL '� ( I MEMBERS SUBJECT: Request by R&M Metals to vacate a 33'x 74' portion of alley located in Block 14 of Hayes Addition bounded by Commercial and W. 18th Streets. DAVID JONES Submitted by: Aric Schroeder, City Planner Ward I CAROLYN Recommended City Council Action:That the City Council set a date of public COLE hearing and publish an official notice pertinent to the request to vacate, and have Ward 2 the Mayor and City Clerk execute the same. HAROLD GETTY Summary Statement: Staff feels that the request to vacate the 33'x 74' dead-end Ward 3 portion of alley would not appear to be a negative impact. The applicant has been QUENTIN using the area for a number of years for storage of various items. Code Enforcement HART brought the matter to staffs attention. Staff feels that the area is not needed for city Ward 4 purposes and will not appear to negatively impact the area in question. The RON vacation of a portion of the alley that is currently being utilized will continue to WELPER allow an existing business to continue it's operations in the City of Waterloo. The Wards current city policy does not allow for the creation of dead-end segments of right-of- BOB way, but the alley in question is already a dead-end and the request will only GREENWOOD shorten the length of the of the dead-end alley. At-Large STEVE Expenditure Required: N/A SCHMITT At-Large Source of Funds:N/A Policy Issue: Un-needed excess right-of-way Alternative: N/A Background Information: N/A cc: Noel Anderson,Community Planning&Development Director CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! ' An Equal Opportunity/Affirmative Action Employer February 7,2012 REQUEST: Request by R&M Metals to vacate a 33' x 74' portion of alley located in Block 14 of Hayes Addition bounded by Commercial and W. 18th Streets. APPLICANT(S): Rodger Tompkins, 1728 Valley High Drive, Cedar Falls, Iowa, 50613 GENERAL Request to vacate the 2,442 SF portion of dead-end alley DESCRIPTION: bounded by W. 18th and Commercial Streets for the purpose of using the area for storage. IMPACT ON The request to vacate the 33' x 74' dead-end portion of alley NEIGHBORHOOD & would not appear to have a negative impact on the SURROUNDING surrounding neighborhood as it dead ends at the applicant's LAND USE: property and has been used by the applicant as storage for a number of years. VEHICULAR & The request to vacate the 33' x 74' portion of alley would not PEDESTRIAN appear to have a negative impact on vehicular or pedestrian TRAFFIC traffic as this portion of alley dead-ends at the applicant's CONDITIONS: property. RELATIONSHIP TO There is the Cedar River Loop bike trail that runs along the RECREATIONAL levee to north. TRAIL PLAN: ZONING HISTORY The site has been zoned "M-1" Light Industrial District since FOR SITE AND adoption of Zoning Ordinance No. 2479 in 1969. IMMEDIATE VICINITY: BUFFERS The request would not require any buffering by ordinance REQUIRED/ NEEDED: standards. DRAINAGE: The proposed vacate of the alley would not have an adverse impact on drainage in the area. DEVELOPMENT The area consists of primarily industrial uses and it appears HISTORY: that the alley was originally platted as a dead-end. FLOODPLAIN: This area is not located within a special flood hazard area according to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map. PUBLIC /OPEN There are no schools located near the site in question. SPACES/ SCHOOLS: Lafayette Park is located to the north on the north side of the Cedar River. UTILITIES: WATER, No utilities are known to be within the are requested to be SANITARY SEWER, vacated. STORM SEWER, Vacate-Ailey-R&M Metals Page 1 of 2 February 7,2012 ETC. RELATIONSHIP TO The Future Land Use Map designates the area as Industrial, COMPREHENSIVE and this request would be in compliance with such LAND USE PLAN: designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. STAFF ANALYSIS — Staff feels that the request to vacate the 33' x 74' dead-end ZONING portion of alley would not appear to be a negative impact. The ORDINANCE: applicant has been using the area for a number of years for storage of various items. Code Enforcement brought the matter to staffs attention. Staff feels that the area is not needed for city purposes and will not appear to negatively impact the area in question. The vacation of a portion of the alley that is currently being utilized will continue to allow an existing business to continue it's operations in the City of Waterloo. The current city policy does not allow for the creation of dead-end segments of right-of-way, but the alley in question is already a dead-end and the request will only shorten the length of the of the dead-end alley. STAFF ANALYSIS — SUBDIVISION There would be no platting required in relation to the request. ORDINANCE: STAFF RECOMMENDATION: Therefore, staff recommends the request to vacate 2,442 SF of the unused platted alley be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The request to vacate is in accordance with the Comprehensive Plan and Future Land Use Map for this area 4. The request would appear to meet the requirements of the Zoning Ordinance. 5. The request to vacate will allow an existing business to continue it's operations in an efficient manner in the City of Waterloo, and the existing dead-end alley would just be shortened. Vacate-Alley-R&M Metals Page 2 of 2 For the R&M metals vacate, please use this for publication purposes: That part of the alley as platted in Block 14 of Hayes Addition lying Southeasterly of a Southwesterly extension of a line drawn parallel and 46 feet Southeast of the Northwesterly line of Lot 2 in said Block 14, City of Waterloo, Iowa. CITY OF WATERLOO Council Communication (J,6 ( 6/9 7(201V' City Council Meeting: June 18, 2012 j Prepared:June 12, 2012 Dept. Head Signature: # of Attachments: SUBJECT: Permission to bid and set date of hearing for F.Y. 2013 Ammunition Needs for Police Department Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action:Approve permission to bid and set date of hearing to receive and file bids for F.Y. 2013 Ammunition Needs for Police Department Summary Statement: We would like to set the date of hearing for June 25, 2012 Expenditure Required: Yes Source of Funds: Policy Issue: Alternative: Background Information: COT ATE , 1 ie ifr4.I WATERLOO POLICE DEPARTMENT 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4339 Fax(319)291-4332 f �p DANIEL J.TRELKA • Director of Safety Services er/o a Friday, June 08, 2012Mayor BUCK Ultramax Ammunition ` - BUCK CLARK 2112 Elk Vale Rd Rapid City, SD 57709 c k WAS COUNCIL MEMBERS Dear Sir or Madam: The Waterloo Iowa Police Depart/IA' 3 for DAVID ammunition supplies for fiscal ye. r „/�5 '� !� ne 30, JONES 2013. L Ward 1 I have attached a bid packet that to the CA OLYN Waterloo City Clerks Office by t byre ese Ward 2 sealed bids will opened and read ' to 25th, 2012 at 5:30 PM. HAROLD GET j Bids should be submitted to the address listed below and should sealed and clearly Wardmarked, FY 13 Ammunition Bids. QUENTIN M. HART City of Waterloo, City Clerks Office Ward 4 715 Mulberry Street RON Waterloo, IA 50703 WELPER Wards If you have any question, please contact Capt. Dave Mohlis at 319-291-4400. BOB GREENWOOD At-Large Dave Mohlis Captain STEVE Waterloo Police SCHrge mohlisd(a,waterloopolice.com At-Large CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer • TY vie F ATERLOO pLim WATERLOO POLICE DEPARTMENT Trp 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4339 Fax(319)291-4332 DANIEL J.TRELKA • Director of Safety Services rerloo Friday, June 8, 2012 BUCK Streichers Police Equipment CLARK 10911 West Highway 55 Minneapolis, MN 55411 COUNCIL Dear Sir or Madam: MEMBERS The Waterloo Iowa Police Department is in the process of accepting sealed bids for DAVID ammunition supplies for fiscal year 2013, which runs from July 1, 2012 and June 30, JONES 2013. Ward I I have attached a bid packet that we are asking you to complete and submit back to the CAROLYN Waterloo City Clerks Office by the deadline of June 25th,2012 at Noon. These War d2 sealed bids will opened and read at the Waterloo City Council Meeting on June 25th, 2012 at 5:30 PM. HAROLD GETTYWar Bids should be submitted to the address listed below and should sealed and clearly marked, FY 13 Ammunition Bids. QUENTIN M. HART City of Waterloo, City Clerks Office Ward 4 715 Mulberry Street RON Waterloo, IA 50703 WELPER Ward 5 If you have any question,please contact Capt. Dave Mohlis at 319-291-4400. BOB GREENWOOD At-Large Dave Mohlis Captain STEVE Waterloo Police SCHMITT At-Large mohlisdwaterloopolice.com 1v CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer • WATERLOO , IOWA ,tUlik_r 4 WATERLOO POLICE DEPARTMENT ______ 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4339 Fax(319)291-4332 vi O DANIEL J.TRELKA • Director of Safety Services cYloo Friday, June 8, 2012 Mayor BUCK Sunset Distributors LTD CLARK 303 Sherman Ave Ackley, Iowa 50601 COUNCIL MEMBERS Dear Sir or Madam: The Waterloo Iowa Police Department is in the process of accepting sealed bids for ammunition supplies for fiscal year 2013, which runs from July 1, 2012 and June 30, DAVID 2013. JONES Ward 1 I have attached a bid packet that we are asking you to complete and submit back to the CAROLYN Waterloo City Clerks Office by the deadline of June 25th,2012 at Noon. These Ward a sealed bids will opened and read at the Waterloo City Council Meeting o n June 25th, 2012 at 5:30 PM. HAROLD GE� Bids should be submitted to the address listed below and should sealed and clearly Wamarked, FY 13 Ammunition Bids. QUENTIN M. HART City of Waterloo, City Clerks Office Ward 4 715 Mulberry Street RON Waterloo, IA 50703 WELPER Ward 5 If you have any question, please contact Capt. Dave Mohlis at 319-291-4400. BOB GREENWOOD At-Large Dave Mohlis Captain STEVE Waterloo Police scFarge mohlisd(a waterloopolice.com At-Large A,p rr<40e ; CITY WEBSITE: www.cityofwaterlooiowa.corn 1 t WE'RE WORKING FOR YOU! An Equal OpportunIty/Affirmative Action Employer ' n �i►. rWATERLOO9MINA WATERLOO POLICE DEPARTMENT g T� p 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4339 Fax(319)291-4332 q� . . o DANIEL J.TRELKA • Director of Safety Services 1'rioo �. Friday, June 8, 2012 Mayor Harris Firearms BUCK CLARK 1214 Western Ave Waterloo, Iowa 50702 COUNCIL Dear Sir or Madam: MEMBERS The Waterloo Iowa Police Department is in the process of accepting sealed bids for ammunition supplies for fiscal year 2013, which runs from July 1, 2012 and June 30, DAVID 2013. JONES Ward 1 I have attached a bid packet that we are asking you to complete and submit back to the CAROLYN Waterloo City Clerks Office by the deadline of June 25th,2012 at Noon. These w az sealed bids will opened and read at the Waterloo City Council Meeting on June 25th, 2012 at 5:30 PM. HAROLD GETTY Bids should be submitted to the address listed below and should sealed and clearly Ward 3 marked, FY 13 Ammunition Bids. QUENTIN M. HART City of Waterloo, City Clerks Office Ward 4 715 Mulberry Street RON Waterloo, IA 50703 WELPER Wards If you have any question, please contact Capt. Dave Mohlis at 319-291-4400. BOB GREENWOOD At-Large Dave Mohlis Captain STEVE Waterloo Police SCHMITT mohlisdna,waterloopolice.com At-Large CITY WEBSITE:www.cityofwaterlooiowa.com a' WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO , IOWA op�511,7 WATERLOO POLICE DEPARTMENT 1 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4339 Fax(319)291-4332 —. p DANIEL J.TRELKA • Director of Safety Services ferl0o Friday, June 08, 2012 Mayor Guns N More BUCK CLARK 9 5th Street N Humbolt, IA 50548-1731 COUNCIL Dear Sir or Madam: MEMBERS The Waterloo Iowa Police Department is in the process of accepting sealed bids for ammunition supplies for fiscal year 2013, which runs from July 1, 2012 and June 30, DAVID 2013. JONES Ward I I have attached a bid packet that we are asking you to complete and submit back to the CAROLYN Waterloo City Clerks Office by the deadline of June 25th,2012 at Noon. These w�dz sealed bids will opened and read at the Waterloo City Council Meeting on June 25th, 2012 at 5:30 PM. • HAROLD GETTY Bids should be submitted to the address listed below and should sealed and clearly Ward 3 marked, FY 13 Ammunition Bids. QUENTIN M. HART City of Waterloo, City Clerks Office Ward 4 715 Mulberry Street RON Waterloo, IA 50703 WELPER Ward 5 If you have any question,please contact Capt. Dave Mohlis at 319-291-4400. BOB GREENWOOD At-Large Dave Mohlis Captain STEVE Waterloo Police SCHMITT mohlisd(a,waterloopolice.com At-Large CITY WEBSITE:www.cityofwaterlooiowa.com z�n °_gib WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 1 WATERLOO ,, IOWA d7i4gry � WATERLOO POLICE DEPARTMENT m 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4339 Fax(319)291-4332 DANIEL J.TRELKA • Director of Safety Services r0tloo; p� Friday, June 08, 2012 Mayor BUCK Black Hills Ammunition CLARK P.O. Box 3090 Rapid City, SD 57709 COUNCIL MEMBERS Dear Sir or Madam: The Waterloo Iowa Police Department is in the process of accepting sealed bids for DAVID ammunition supplies for fiscal year 2013, which runs from July 1, 2012 and June 30, JONES 2013. Ward I I have attached a bid packet that we are asking you to complete and submit back to the CAROLYN Waterloo City Clerks Office by the deadline of June 25th, 2012 at Noon. These Ward2 sealed bids will opened and read at the Waterloo City Council Meeting on June 25th, 2012 at 5:30 PM. HAROLD GE d Y Bids should be submitted to the address listed below and should sealed and clearly Wamarked, FY 13 Ammunition Bids. QUENTIN M. HART City of Waterloo, City Clerks Office Ward 4 715 Mulberry Street RON Waterloo, IA 50703 WELPER Wards If you have any question,please contact Capt. Dave Mohlis at 319-291-4400. BOB GREENWOOD At-Large Dave Mohlis Captain STEVE Waterloo Police scHIvuTr mohlisd@waterloopolice.com At-Large A/PP ti- CITY WEBSITE:www.cityofwaterlooiowa.corn WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Y OF A �,�i.., I °. mT WATERLOO , I O W �*.Nr�,,� WATERLOO POLICE DEPARTMENT ' —1T �// Grp - 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4339 Fax(319)291-4332 d DANIEL J.TRELKA • Director of Safety Services 0100 Friday, June 8, 2012 Mayor BUCK T. J. Conevera's Inc. CLARK P.O. Box 1316 Rockford, Ill 61105 COUNCIL Dear Sir or Madam: MEMBERS The Waterloo Iowa Police Department is in the process of accepting sealed bids for ammunition supplies for fiscal year 2013, which runs from July 1, 2012 and June 30, DAVID 2013. JONES Ward I I have attached a bid packet that we are asking you to complete and submit back to the CAROLYN Waterloo City Clerks Office by the deadline of June 25th,2012 at Noon. These W°a 2 sealed bids will opened and read at the Waterloo City Council Meeting on June 25th, 2012 at 5:30 PM. HAROLD GETTY Bids should be submitted to the address listed below and should sealed and clearly Ward 3 marked, FY 13 Ammunition Bids. QUENTIN M. HART City of Waterloo, City Clerks Office Ward 4 715 Mulberry Street RON Waterloo, IA 50703 WELPER Ward 5 If you have any question, please contact Capt. Dave Mohlis at 319-291-4400. BOB GREENWOOD At-Large Dave Mohlis Captain STEVE Waterloo Police SCH mohlisd@waterloopolice.com At-Large . -+ CITY WEBSITE:www.cityofwaterlooiowa.corn it t " WE'RE WORKING FOR YOU! An Equal Opportunity/AffirmativeAction Employer BID PROPOSAL AMMUNITION CITY OF WATERLOO, IOWA POLICE DEPARTMENT PREAMBLE The undersigned being a corporation under the laws of the State of ; a partnership consisting of the following partners: , or an individual doing business as , being familiar with the specifications affecting the cost of this commodity, hereby offers to furnish said commodity to the City of Waterloo, Police Department, 715 Mulberry Street, Waterloo, Iowa, 50703. SUBMISSION OF BIDS Sealed bid proposals will be received by the City of Waterloo, City Clerk's Office, 715 Mulberry Street, Waterloo, Iowa, 50703, no later than Noon on the 25th of June 2012. Any bid submitted after the specified time shall be rejected. Bids should be clearly marked FY 13 Ammunition Bids. SPECIFICATIONS The bidder proposes to deliver to the City of Waterloo Police Department, 715 Mulberry Street, Waterloo, Iowa, 50703, the below specified items during fiscal year FYE 2013 beginning July 1, 2012 through June 30, 2013, after notification that he/she is the successful bidder by issuance of a purchase order mailed, telegraphed or delivered to the undersigned vendor, accompanied by a copy of this proposal bearing the City Clerk's signature. Factory New Service Ammunition 1. 10,000 rounds of.40 S&W, 180 grain,jacketed hollow point, Federal HST, (P4OHST1). 2. 75,000 rounds of Federal American Eagle .40 S&W, 180 grain, full metal jacket (AE40R1). 3. 3,000 rounds of Federal 12 gauge 2 % inch shot shell, 00 Buckshot, 9 pellet, low recoil (LEF132-00). 4. 3,000 rounds of Federal 12 gauge 2 % inch shot shell 1 ounce low recoil slug. (LEF127-RS). 5. 30,000 rounds of Federal .223 caliber, 64 grain, Sierra boat tail hollow point Tactical Rifle Urban. (P223E). 6. 14,000 rounds of Federal American Eagle .223 caliber, 55 grain FMJ(AE223). 7. 6,000 rounds of Federal .308 Winchester caliber, 168 grain Sierra MatchKing boat tail hollow point. (FC308MC). List any deviations from the specifications included herein: • Any and all warranty information or provisions shall be in writing and submitted with the bid proposal. Failure to submit warranty information may warrant rejection of bid. The bidder shall have, on a separate sheet, the terms of this warranty. By attachment, the Term of the Warranty becomes part of this bid. The seller must have $1,000,000.00 Product Liability Insurance for each occurrence of bodily injury and each occurrence of property damage. (Submit a certified copy of insurance coverage with bid.) Bidders shall provide the City of Waterloo, in writing, with any and all deviations from the attached specifications. The bidder shall specify any deviations that he/she proposes from the above specifications in the same sequence as stated in said specifications. By attachment, the listed deviations become part of this bid. Any questions regarding the equipment or specifications should be directed to Capt. Dave Mohlis at 319- 291-4400. GENERAL REQUIREMENTS FOR SUBMISSION OF BIDS All bids must be submitted to the City Clerk's Office in a sealed envelope clearly marked as follows: "BID PROPOSAL FYE 13 AMMUNITION" The name of the business submitting the bid must be clearly marked on the envelope. Faxed or electronic bids will not be accepted. All bids must meet or exceed minimum specifications as previously defined. Bids that do not meet or exceed the minimum specifications, as determined by the City, shall be rejected. The vendor bid prices shall include all shipping costs. The City is tax exempt from federal excise and state taxes. Taxes should be excluded from the bid cost. All bid prices, upon submission by the bidder, are recognized by the City and vendor to be irrevocable for one year commencing from the deadline date for bids to be received by the City of Waterloo, Iowa. Standard procedure dictates that the City of Waterloo will accept the lowest responsible bid. However, the bidder understands that the City reserves the right to reject any bid that is either considered not to be responsible or not most advantageous to the City. The City will award the contract to the responsible bidder whose bid meets or exceeds the minimum specifications. The City of Waterloo, Iowa, reserves the right to reject any and all bids, or any or all parts of a bid. Upon acceptance of the bid, a purchase order mailed, telegraphed or delivered to the undersigned vendor which is accompanied by a copy of this proposal bearing the City Clerk's signature shall constitute acceptance of the bid and, therefore,be legal and binding agreement. Of applicable, the bidder guarantees that title conveyed shall be good and goods shall be delivered free from security interest or other lien or encumbrances of which the City at the time of purchase had no knowledge. • OPENING AND ACCEPTANCE OF BIDS Sealed bid proposals will be opened and read at 5:30 P.M. on the 25th of June 2012, during the Waterloo City Council Meeting at Waterloo City Hall, 715 Mulberry Street, Waterloo, Iowa. All bidders understand that they may be in attendance at the bid opening. Bids will be acted upon at that time or at a later time, which shall then be established. CANCELLATION The successful bidder understands that the City of Waterloo shall cancel this agreement within thirty days notice, if the City has knowledge that all conditions as stated in this bid proposal have not been fulfilled. PAYMENT PROCEDURES The City of Waterloo Police Department, 715 Mulberry Street, Waterloo, Iowa, 50703, shall make a lump sum payment within thirty days of receipt of billing from the vendor and acceptance of commodity by the City. The bidder, having read this document, hereby acknowledges that bid proposal completely reflects the total bid as contained herein. By Title Date ATTEST: , City Clerk Date Proof of Insurance Coverage Company Name Address Telephone Policy Number *Attach Certified Copy of Insurance Coverage BID PRICES Factory New Service Ammunition 1. 10,000 rounds of.40 S&W, 180 grain,jacketed hollow point, Federal HST, (P4OHST1). $ per 500 rounds 2. 75,000 rounds of Federal American Eagle .40 S&W, 180 grain, full metal jacket(AE4OR1). $ per 500 rounds 3. 3,000 rounds of Federal 12 gauge 2 '/ inch shot shell, 00 Buckshot, 9 pellet, low recoil (LEF132-00). $ per 250 rounds 4. 3,000 rounds of Federal 12 gauge 2 % inch shot shell 1 ounce low recoil slug. (LEF127-RS). per 250 rounds 5. 30,000 rounds of Federal .223 caliber, 64 grain, Sierra boat- tail hollow point Tactical Rifle Urban. (P223E). $ per 500 rounds 6. 14,000 rounds of Federal American Eagle .223 caliber, 55 grain FMJ (AE223). $ per 500 rounds 7. 6,000 rounds of Federal .308 Winchester caliber, 168 grain Sierra MatchKing boat tail hollow point. (FC308MC). $ per 500 rounds F.Y. 2013 Ammunition Needs for Police Department June 25, 2012 Bid Tab Estimate: $ Bid Security Not Required Bidder Bid Amount Guns N More, LLC b 73 j 0, 9� 9 5th Street N Humboldt, Iowa 50548 - ' 67 a S-7, Co 3,6,2-1 7‘S c'c' Ultramax Ammunition 2112 Elk Vale Road Rapid City, South Dakota 57701 - v r �,,� jig, CITY OF WATERLOO , IOWA �Tm COMMUNITY PLANNING AND DEVELOPMENT �d O� 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 rer100 \ NOEL C.ANDERSON,Community Planning&Development Director Council Communication 4,60/• u12,5 bt , MayorBUCK City Council Meeting: June 18, 2012 CLARK Prepared: June 13, 2012 Dept. Head Signature: / ( , # of Attachments: COUNCIL MEMBERS SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., set a date of public hearing, and publish an official notice pertinent to the DAVID JONES taking of bids and request to receive and open the proposals for the Request for Ward 1 Proposal for Demolition and Site Clearance Services (no regulated asbestos- containing materials) for 320 W. 2"d Street(Iowa Community Credit Union). CAROLYN COLE Ward 2 Submitted by: Noel Anderson, Community Planning& Development Director HAROLD Recommended City Council Action:Preliminary approval of the plans, GETTY Ward3 specifications, forms of contract, etc. and set a date of hearing and bid opening as June 25, 2012. QUENTIN HART Ward 4 Summary Statement: The Iowa Community Credit Union is located in the area of where the Cedar Valley Sport-Plex is to be built. There is an asbestos abatement RON contract with Advanced Environmental, Waterloo, Iowa.Advanced Environmental WELPER wards who has the contract to abate the property will complete the work immediately following the bank moving to its new location. BOB GREENWOOD At-LargeExpenditure Required: to be determined STEVE Source of Funds: G.O. SCHMITT At-Large Policy Issue: Cedar Valley Sports-Plex/Slum and Blight Alternative: N/A Background Information: cc:Aric Schroeder,City Planner CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! �"' • An Equal Opportunity/Affirmative Action Employer ATERL L` \ .. �. / . Demoliton of 320 W 2nd Street (Iowa Community Credit Union) ,_ 'y -'„,:l.: '--,-:„ . "<, Y � s" ,:,, ,411*/ .:'-_.:-•-,:i4.1, ' ' ''1'-- N1/21- ,.... . 40t,,. , - ,.. ,,,, , it „ 11 '74,.*\.. - -- .. I Bank Building to be Demolished k .4 . . #. .:::: ." a . .• —. „-.... : > , .'M. -av vY -,s.4 - -ti M. yA " v„ t r _- .ri L•'" obmflneftlath�em emmmeY epal aMpa.x aleepM¢oaufiUrt aMNwree.ss6usssMBMl ae bu p4 a eMunveaakrx lb YC.oatwow.yro ,orrme .. $ 46\1.\.-- : --:',--'.-- . 'N-- d •ueaoxa n. nu..Me - E &d. wntI ..t,9^mxoya. M \ _ '�„ PP TMleMm.rrovM 17.,naam . . 25 50 100 -,.• I ' -.. ' ae x ^«ore onw rormmpm Fee i .,g, m Y_^ EXHIBIT"A" SIGNATURE PAGE 320 W. 2nd Street (Iowa Community Credit Union) The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for demolition and site clearance of the sites are, not to exceed: Amount in written form, not to exceed: $ Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA (It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid CITY OF WATERLOO , IOWA %00 `t° Tm Request for Bid June 2012 DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos-containing materials (no RACM)] 320 W. 2nd Street (Iowa Community Credit Union) City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the demolition, removal and disposal 320 W. 2nd Street. All bids must be received in a sealed envelope in City Hall (date and time stamped) by Monday, June 25, 2012 at 4:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR DEMOLITION AND SITE CLEARANCE SERVICES — 320 W. 2nd Street and the name of the company submitting the bid. 1.1 RFP Timeline Name of the Bid: DEMOLITION AND SITE CLEARANCE SERVICES- disposal 320 W. 2"d Street. Date of Issuance: Tuesday June 12, 2012 Deadline for Bid Submittal: Monday, June 25, 2012 at 4:00 p.m., Central Time Walk Thru Date: Monday, June 18, 2012 at 10:00 a.m. Central Time Submit Sealed Bid to: SEALED RFP FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Address exactly as stated—> —> -* City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner/Project Manager E-mail Address: chris.westernwaterloo-ia.orq Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Monday June 25, 2012 at 5:30 pm (our clock) Central Time in City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the awarded bid(s). RFP FOR DEMOLITION SERVICES(no RACM)—2012 Page 2 of 11 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bid results will not be given over the telephone. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject property. Any questions about the meaning or intent of the specifications must be submitted by the Deadline for Questions listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as an additional insured with respect to all casualty insurance policies. RFP FOR DEMOLITION SERVICES(no RACM)—2012 Page 3 of 11 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty-day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents -The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, including references, and/or additional information as indicated, may result in disqualification by reason of"non responsiveness". SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for Thirty (30) Days, anticipated to be from (July 16, 2012) to (August 24. 2012). 3.0.2 3.0.2 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.3 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable RFP FOR DEMOLITION SERVICES(no RACM)—2012 Page 4 of 11 terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.4 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys'fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted. 3.2.2 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including RFP FOR DEMOLITION SERVICES(no RACM)—2012 Page 5 of 11 any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.3 All work is to be done in strict compliance with this RFP and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services 320 W. 2❑d Street 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structure and clear the site. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFP to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its ding and performance under the contract. Important note: The structures are currently being abated of asbestos, and upon notice to proceed the property will be deemed to be clear of, or have been abated for, asbestos containing materials (ACM) and may be handled as such. 4.2 Silence of Specifications— Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. SECTION V METHOD OF EVALUATION 5.0 Contract Award -Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. RFP FOR DEMOLITION SERVICES(no RACM)—2012 Page 6 of 11 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. RFP FOR DEMOLITION SERVICES(no RACM)—2012 Page 7 of 11 EXHIBIT"B" CITY OF WATERLOO SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE OF THE IOWA COMMUNITY CREDIT UNION AT 320 W. 2ND Street [no asbestos-containing materials (ACM)J PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Chris Western, Planner II/Project Manager. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall: A. Remove and properly dispose of all structures, cement slabs, and driveways, trash, rubbish, basement walls, floors, foundations, steps, planters, retaining walls, fences, wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks, driveways, and the like from the specified property. B. Remove any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells. As to cisterns, section 2.14 also applies. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury-containing materials including fluorescent, high- pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB-containing materials include capacitors, ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance. H. Complete the demolition work in accordance with the plans and these technical specifications. 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to acquire the necessary obstruction permits and to place adequate barricades and warning signs as required by the City. 2. Street or lane closures shall be coordinated with the appropriate City authority. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s)to prevent access to the public unless the City's Project Manager determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal openings wider than two inches. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water or chemicals for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open-bodied trucks transporting materials likely to give rise to airborne dusts. 2 F. Requirements for the Reduction of Fire Hazards 1. Removal of Material: Before demolition of any part of any building,the Contractor shall remove all volatile or flammable materials, such as gasoline,kerosene, benzene, cleaning fluids,paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires: No fires of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Public Utilities: The Contractor shall not damage existing fire hydrants, streetlights, traffic signals,power poles, telephone poles, fire alarm boxes, wire cables,pole guys, underground utilities, or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities, which are relocated at the Contractor's request for his convenience. All below-ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures,parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition whether or not the property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or removed, including drainable backfill, to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility. for the condition of existing buildings, structures, and other property within the 3 demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal, removal,transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property address will be included in the Contract Documents. Following execution of the contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights, title, and interest of the City in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights, title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated,the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. 4 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings, building materials, contents of buildings, appliances, trash, rubbish, basements, foundations, and steps from the site; disconnection of utilities; grading of disturbed areas; placing and removing safety fencing; removal of septic tanks and cisterns; removal or capping of wells; and other work as necessary to complete the project. B. Incidental Items: The Contractor shall provide and pay for all materials, labor,tools, equipment,transportation,temporary construction, charges, levies, fees, permits and other expenses necessary to complete this work according to the plans and specifications. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work within ten(10) days after being notified by the City with a Notice to Proceed on the project (excluding any Limited Notice to Proceed). It is anticipated that the City will issue a Notice to Proceed immediately for purposes of completing required utility disconnect work. The site shall be completely fenced and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and, thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material break of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall be allowed to salvage materials from any property on this project. No salvaging shall occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging, the Contractor shall only do so after obtaining from the third-party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor and the City of Waterloo, Iowa, its officers and employees, shall be named as additional insured on the third-party salvager's general liability insurance policies and certificates of insurance 5 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. If basements or crawl spaces are present they must be completely removed and backfilled. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property or the items noted above. Where such Landscape structures or signs are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of any tree or brush removal due to the removal and grading out of any landscape structures or signs will be considered incidental and shall be included in the lump-sum bid for demolition. E. Fences: Fences, guardrails, and similar facilities shall be completely removed from the site. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping,posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other trees, stumps, bushes, vegetation, brush and weeds, whether standing or fallen. H. Fuel Tanks: If applicable, Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene, benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas-free when checked with a"Explosimeter" or another equally efficient instrument, 6 before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources,Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all applicable guidelines,requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal, transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials, rubbish, and trash shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under this contract. C. Tires,Household Hazardous Waste,White Goods and Electronics: Tires, household hazardous waste (HHW) (which includes propane tanks,paint,pesticides and other materials that are restricted items for disposal in municipal landfills),white goods (which include household appliances such as washers, dryers, refrigerators, stoves, dishwashers, heaters, hot water heaters, etc.) and electronics (e-waste) will be first segregated from the structures and transported to an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site prior to commencing demolition activity,the Contractor shall immediately notify the City's Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. D. Disposal of Demolition Debris and Solid Waste: 1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for 7 entire project. The cost of all disposal fees shall be considered incidental to the demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public, private property and public infrastructure. E. Reserved F. Freon Removal and Disposal: The handling of Freon-containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. 2.06 Final Cleaning Up: a. Before acceptance of the demolition work,the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control that meets applicable standards and regulations. b. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises on a weekly basis. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be securely fenced. c. Backfilling of the site is not apart of this contract. The General Contractor for the Cedar Valley Sports-Plex project shall provide all backfilling, excluding backfilling for utility disconnects in city-right-of-way, which is apart of this contract. 8 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with private utility companies for disconnection of services, including, but not limited to, electricity, natural gas, cable television,phone and internet. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may contact the Waterloo Building Inspections Department for requirements to comply with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. C. Backfill and Compaction within City Right-of-Way: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets. The Contractor shall pay the cost. 2. Public Right-of-Way: All areas within the public right-of-way (including parking and sidewalk areas) shall be compacted. 3. Basements: 820 and 910 Sycamore Streets, will require 98%compaction and will be supervised by Terracon. 2.08 EROSION CONTROL Erosion control is not apart of this contract. The General Contractor for the Cedar Valley Sports- Plex project shall provide erosion control. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site adequate enough to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The safety fence shall remain in place until temporary chain link fence is installed by General Contractor for the Cedar Valley Sports-Plex. C. Demolition Techniques: The Contractor shall employ good demolition techniques, which includes, but is not limited to: 1. Using demolition techniques that minimize ground disturbance. All trees and shrubs shall be removed from entire site. 9 2. Maintaining the practice of keeping personnel at a safe distance from demolition activities. 3. Loading the materials with techniques to maintain a sufficient distance from personnel to reduce excessive exposure to airborne material. 4. Tarping loads and otherwise preventing material from becoming airborne during hauling. 5. Manual cleaning of the demolition site to remove all materials from the site. Contractor shall be responsible for providing protective gear and equipment to its agents and employees and for ensuring its proper utilization. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pickup any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies the disposal site (Black Hawk County Landfill—refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste)to which the materials were delivered. Such tickets shall be required to process billing statements by the Contractor. 10 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns,privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the Project Planner who will in turn notify the City. The City will then inform the State Historical Society of Iowa(SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI. 2.15 PRICING This is a lump sum contract; all bids bid components are on a"not to exceed"basis. Change orders, additions, deletions and any other changes in the scope of work, will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 11 Demolition and Site Clearance Services (no regulated asbestos-containing materials) for 320 W. 2nd Street (Iowa Community Credit Union) June 25, 2012 Bid Tab Estimate: $ �C�a c�ZrD, cK7 Bid Security Required Bidder Bid Security Bid Amount Benton's Sand & Gravel, Inc 905 Center Street / � Y 0-0 Cedar Falls, Iowa 50613 J Kelly Demolition, LLC 1100 W. Mt. Vernon Road / 6) �7 3j0-0 Mount Vernon, Iowa 52314 Lehman Trucking & Excavating, Inc. / // 1422 Ashland Avenue 5'7 / b� � Waterloo, Iowa 50703 Peterson Contractors Inc. Box A / 1 7 r0-0 Reinbeck, Iowa 50669 / f 4,„so ry CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT TS�� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 °rer700 NOEL C.ANDERSON,Community Planning&Development Director Council Communication /J City Council Meeting: Tune 18. 2012 �.J ({/Ids'. /9495/17 BUCKMayor Prepared: June 13, 2012 I l V CLARK Dept. Head Signature: # of Attachments: COUNCIL MEMBERS SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., set a date of public hearing, and publish an official notice pertinent to the taking of bids and request to receive and open the proposals for the Request for DAVID JONES Proposal for Demolition and Site Clearance Services (no regulated asbestos- Ward l containing materials) for 330 Madison Street(Former Francis Grout School). CAROLYN Submitted by: Noel Anderson, Community Planning& Development Director COLE Ward 2 Recommended City Council Action:Preliminary approval of the plans, GETTY HAROLD specifications, forms of contract, etc. and set a date of hearing and bid opening as Ward3 June 25, 2012. QUENTIN Summary Statement: The City of Waterloo will be demolishing this structure in HART Ward 4 preparation of further Residential Development. The asbestos abatement has been completed at the former Francis Grout School and is ready for demolition.After RON demolition of the school, the city plans to sell the property to a developer to WELPER Wards continue with infill housing as there have been approximately 7 homes built there over the past 3 to 4 years. BOB GREENWOOD At-Large Expenditure Required: to be determined STEVE Source of Funds: G.O. SCHMITT At-Large Policy Issue: Slum and Blight/Residential in-fill development Alternative: N/A Background Information: The City of Waterloo purchased the Former Francis Grout School due to its deteriorating condition and it's potential for additional new home construction. cc:Ark Schroeder,City Planner CITY WEBSITE: www.ci.waterloo.ia.us �� WE'RE WORKING FOR YOU! \M1,A r e A L•C.o An Equal Opportunity/Affirmative Action Employer . _ .r am r • Demoliton of 330 Madison Street (Former Francis Grout School) affi , ,: „ a ' 7 Igi - r x 1,.. . '� 101110L lio ' 4 4 0111 oitt i a c # School Building to be demolished ' . L tiV7 71:, , I Asphault Parking to be removed ,, '' , � ,_1 I y ale' a ° 4, +1, v1,it 7 At ; iL r r ...‘a ' .- . wt r ''st.v.." 4w n .�' • . ! i- 7 --- li 7,_ - 4 i to _ a : j fri s ■■ :li T T e» ,.> m pem wtIeVe*uH w..n my. - 4 4 - iM1brropWaenNrepew 1 Y N dat. _ tlM lM1e.wmp JM dr b' EM1 .. . Irl'ad eMB nq.[itlor Ynpllatl Cy&aA WxkG IyM \f j &erAHmt Ce My Aa va IMi m(1on 9. _ irrCIlYMN17 7, rM P a: ryaM ' 1 25 50 100 oeN •p M ipessytlhGof to iybr pe wM a!U sM1 MMet olf'I /'\�' pYl n. raea a.� .e Im. mp.1. Feel EXHIBIT "A" SIGNATURE PAGE 330 Madison Street (Former Francis Grout) The undersigned Proposer/Bidder, having examined these documents and having full knowledge of the condition under which the work described herein must be performed, hereby proposes that they will fulfill the obligations contained herein in accordance with all instructions, terms, conditions, and specifications set forth; and that they will furnish all required services and pay all incidental costs in strict conformity with these documents for the stated process as payment in full. Our bid, for demolition and site clearance of the sites are, not to exceed: Amount in written form, not to exceed: $ Submitting Firm: Address: City: State: Zip: Authorized Representative (print) Authorized Representative Signature Date : Email: Phone: Fax: EXCEPTIONS/DEVIATIONS to this Request for Proposal shall be listed in writing on an attached document provided by the Bidder. Please be as specific as possible. Please check one: Our company has no exceptions/deviations. Our company does have exceptions/deviations which are listed on an attached document. GENERAL INFORMATION. Freight and/or delivery charges, if any, shall be included in the price. FIRM PRICING. Offered prices shall remain firm for a minimum of sixty (60) days after the due date of this solicitation unless indicated otherwise. Accepted prices shall remain firm for the duration of the contract. ADDENDA(It is the Bidder's responsibility to check for issuance of any addenda). The authorized representative herby acknowledges receipt of the following addenda: Addenda Number Date Addenda Number Date Addenda Number Date Addenda Number Date We choose not to bid at this time but would like to be considered for future requests for bid CITY OF WATERLOO , IOWA oority T_ `m drer!00 `o Request for Bid June 2012 DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos-containing materials (no RACM)] 330 Madison Street (Former Francis Grout School) City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department SECTION I NOTICE OF REQUEST FOR BID 1.0 Receipt and Opening of Bid The City of Waterloo is seeking sealed bids for the demolition, removal and 330 Madison Street. All bids must be received in a sealed envelope in City Hall (date and time stamped) by Monday, June 25, 2012 at 4:00 p.m. (our clock), Central Time, in order to be considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Bids sent electronically or via facsimile will not be accepted. The mailing container or envelope shall be plainly marked on the outside with the notation `SEALED RFP FOR DEMOLITION AND SITE CLEARANCE SERVICES —330 Madison Street, and the name of the company submitting the bid. 1.1 RFP Timeline Name of the Bid: DEMOLITION AND SITE CLEARANCE SERVICES- disposal 330 Madison Street. Date of Issuance: Tuesday June 12, 2012 Deadline for Bid Submittal: Monday, June 25, 2012 at 4:00 p.m., Central Time Walk Thru Date: Monday, June 18, 2012 at 10:00 a.m. Central Time Submit Sealed Bid to: SEALED RFP FOR DEMOLITION AND SITE CLEARANCE SERVICES (no RACM) Address exactly as stated —> -4 City Hall City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals) Contact Person, Title: Chris Western, Planner/Project Manager E-mail Address: chris.western(c�waterloo-ia.orq Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262 1.2 The City reserves the right to accept or reject any or all bids and to waive any informalities or irregularities in bids if such waiver does not substantially change the offer or provide a competitive advantage to any Bidder. The City reserves the right to defer acceptance of any bid for a period not to exceed sixty (60) calendar days from the date of the deadline for receiving bids. 1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail delivery system of the City, or any other means of delivery employed by the Bidder. Similarly, the City is not responsible for, and will not open, any bid responses that are received later than the date and time stated above. Late bids will be retained in the RFP file, unopened. No responsibility will be attached to any person for premature opening of a bid not properly identified. 1.4 Bids will be opened on Monday June 25, 2012 at 5:30 pm (our clock) Central Time in City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the name(s) of the Bidder(s), not to serve as a forum for determining the awarded bid(s). 1.5 Bids will be evaluated promptly after opening. After an award is made, a bid summary will be sent to all companies who submitted a bid. Bid results will not be given over the telephone. Bids may be withdrawn anytime prior to the scheduled closing time for receipt of bids; no bid may be modified or withdrawn for a period of sixty (60) calendar days thereafter. SECTION II INSTRUCTIONS TO BIDDERS 2.0 The Bid shall include the attached Exhibit "A" signature page, properly completed. A company representative who is authorized to bind the company will sign on behalf of the company to indicate to the City that you have read all provisions of the RFP and agree to all terms and conditions, except as provided in paragraph 2.4 below. By making a Bid, the Bidder represents that they have examined the subject property. Any questions about the meaning or intent of the specifications must be submitted by the Deadline for Questions listed above. The City of Waterloo reserves the right to reject any or all bids, and to accept in whole or in part, the bid, which, in the judgment of the bid evaluators, is the most responsive and responsible bid. 2.1 General Liability Insurance with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. At a minimum, coverage for Premises, Operations, Products and Completed Operations shall be included. This coverage shall protect the public or any person from injury or property damages sustained by reason of the contractor or its employees carrying out their work. 2.1.1 The City reserves the right to require increased liability limits, not to exceed Fifteen Million Dollars ($15,000,000) from bidders, should the project represent an elevated hazard level to the City as determined by the Insurance Committee. 2.1.2 Commercial General Liability Insurance Policy, including but not limited to, insurance for premises construction operations (when applicable), contractual liability, completed operations with respect to liability arising out of the ownership, use, occupancy or maintenance of the premises and all areas appurtenant thereto, to afford protection with respect to bodily injury, personal injury, death or property damage of not less than One Million Dollars ($1,000,000) per occurrence combined single limit/Two Million Dollars ($2,000,000) general aggregate. 2.1.3 Comprehensive Automobile Liability Insurance Policy with limits for each occurrence of not less than One Million Dollars ($1,000,000) Combined Single Limit with respect to bodily injury, property damage or death. 2.1.4 Workers Compensation Insurance Policy or similar insurance in form and amounts required by law. 2.1.5 Coverage must be maintained by a financially stable carrier with a minimum AM Best rating of A- or above. It will be the outside party's responsibility to provide proof of their carriers rating. 2.1.6 The City of Waterloo, Iowa will be named as an additional insured with respect to all casualty insurance policies. 2.1.7 Certificate of insurance will be submitted to the City Clerk prior to commencement of the contract/agreement and shall include a thirty-day notice of cancellation provision. 2.1.8 If the outside party fails to perform any of its obligations under the City's Insurance and Policy Requirements, Waterloo reserves the right to either purchase the required insurance coverage and assess the cost directly to the outside party, or to declare the outside party's bid invalid. 2.2 Bonds 2.2.1 A guarantee from each Bidder equivalent to five percent (5%) of the price is required. The guarantee shall consist of a firm commitment, such as a bond, certified check, or other negotiable instrument acceptable to the City, as assurance that the Bidder will, upon acceptance of its, execute such contractual documents as may be required within the time specified. 2.2.2 Successful Bidder will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 2.3 This Request for Bid does not commit the City to make an award, nor will the City pay any costs incurred in the preparation and submission of bids, or costs incurred in making necessary studies for the preparation of bids. 2.4 Important Exceptions to Contract Documents -The Bidder shall clearly state in the submitted bid any exceptions to, or deviations from, the minimum bid requirements, and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will be considered in evaluating the bids. Any exceptions should be noted on the Signature Page. Companies are cautioned that exceptions taken to this RFP may cause their bid to be rejected. No additional exceptions shall be allowed after submittal of a bid. 2.5 Incomplete Information - Failure to complete or provide any of the information requested in this RFP, including references, and/or additional information as indicated, may result in disqualification by reason of"non responsiveness". SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for Thirty (30) Days, anticipated to be from (July 16, 2012) to (August 24. 2012). 3.0.2 3.0.2 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Bid) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.3 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.4 The total actual expenses shall not exceed the amount allowed by the project Contract, including any renewal extensions thereof, unless amended by written agreement. 3.1 Agreement Forms 3.1.1 After award, the Bidder will be required to enter into a written contract with the City. 3.1.2. Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in the Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor(or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14-day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14-day period), then City may declare that Contractor is in default under the Contract. 3.1.3 Termination for Convenience. The Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate the Contract at any time by delivering to Contractor 10-days' advance written notice of intent to terminate. 3.1.4 Remedies. If Contractor is in default of the Contract and has not cured said default as set forth in Section 3.1.2 above, the City may take any one or more of the following steps, at its option: 3.1.4.1 by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants under the Contract, or enjoin any acts or things which may be unlawful or in violation of the rights of the City under the Contract, or obtain damages caused to the City by any such default; 3.1.4.2 have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; 3.1.4.3 declare a default of the Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under the Contract; 3.1.4.4 terminate the Contract by delivering to Contractor a written notice of termination; and/or 3.1.4.5 take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor under the Contract, including but not limited to the recovery of funds. 3.1.4.6 No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action under the Contract, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted as "lump sum" after services are delivered and accepted. 3.2.2 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses exceed the amount allowed by the project Contract, including any renewal extensions thereof. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the Contract is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual expense allowed. 3.2.3 All work is to be done in strict compliance with this RFP and Demolition Specifications attached as Exhibit "B". The City may withhold payment for reasons including, but not limited to, the following: unsatisfactory job performance or progress, defective work, disputed work, failure to comply with material provisions of the Contract, third party claims filed or reasonable evidence that a claim will be filed or other reasonable cause. SECTION IV SERVICE REQUIREMENTS 4.0 Background The City of Waterloo, Iowa, is seeking bids for demolition and site clearance services 330 Madison Street 4.1 Scope of Work The City of Waterloo is seeking a qualified demolition contractor to demolish the structure and clear the site. The Bidder understands and agrees that demolition and debris removal in the most expeditious manner possible is of the utmost importance and it will make every effort to complete all requirements of the Contract in the shortest time possible. The services to be performed under this Contract shall consist of the work described in the separate "Demolition Specifications" document (attached Exhibit "B") and shall be performed according to the standards set forth therein and herein. Any reference in this RFP to "this specification" shall include such Demolition Specifications. Bidder shall be responsible to familiarize itself with the specifications and to make a personal examination of the job site(s) and the physical conditions that may affect its ding and performance under the contract. Important note: The structures are currently being abated of asbestos, and upon notice to proceed the property will be deemed to be clear of, or have been abated for, asbestos containing materials (ACM) and may be handled as such. 4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not covered in this specification and to any omission of this specification. Any omission or question of interpretation of the specification that affects the performance or integrity of the service being offered shall be addressed in writing and submitted with the Bid. SECTION V METHOD OF EVALUATION 5.0 Contract Award -Any Contract award(s) made by the City of Waterloo is subject to prior approval by the City of Waterloo City Council. 5.0.1 Award of Contract shall be made to the most responsible and responsive bid from a Company whose bid offers the greatest value to the City with regard to the criteria detailed and the specifications set forth herein. The City may select a Bidder based on an "all or none" bid, on individual responses, or as is otherwise deemed to be in the best interest of the City. 5.1 Financial Terms will not be the sole determining factor in the award. To determine the award, the City will award a contract to the Bidder offering services and experience that best represents the overall value to the City. 5.2 Bid Evaluation Procedures 5.3.1 Each bid will be evaluated based on experience and the evaluators judgment of how well the bid addresses the City's requirements. Each prospective company is assured that any bid submitted will be evaluated using the best available information and without any forgone conclusions. 5.3.2 Consideration will also be given to solicited written clarification provided during the evaluation process and input from staff or other persons judged to have useful expertise that should be considered in a responsible, fair assessment of the relative merits of each bid. 5.3 A Bidder's submission of a bid constitutes its acceptance of this evaluation technique and its recognition and acceptance that subjective judgments will be used by the evaluators in the evaluation. 5.4 Following the evaluation process, the award process is as follows: 5.5.1 The evaluators shall determine which bidder has submitted the best bid using the criteria set forth above, and make its recommendation to the City Council. 5.5.2 The City Council considers a resolution awarding the Contract and authorizing the Mayor to execute the Contract on behalf of the City. Note, no Contract shall be deemed to be created and exist unless and until the City Council adopts a resolution awarding the Contract and authorizes the Mayor to sign the Contract. 5.5.3 The Mayor executes the Contract. EXHIBIT`B" CITY OF WATERLOO SPECIFICATIONS FOR DEMOLITION AND SITE CLEARANCE OF THE FORMER FRANCIS GROUT SCHOOL AT 330 MADISON STREET [no asbestos-containing materials (ACM)] PART 1 - GENERAL 1.01 CITY REPRESENTATIVES The City's Representative for this project is: Chris Western, Planner II/Project Manager. 1.02 DESCRIPTION OF WORK Unless directed otherwise in the Contract Documents or by the Project Manager, the Contractor shall: A. Remove and properly dispose of all structures, cement slabs, and driveways, trash, rubbish, basement walls, floors, foundations, steps, planters, retaining walls, fences, wells, cisterns, landscape features such as pools and waterers and concrete or asphalt flatwork such as sidewalks, driveways, and the like from the specified property. B. Remove any fuel tanks, outdoor toilets and septic tanks, cisterns, meter pits, and plug or abandon wells. As to cisterns, section 2.14 also applies. C. Remove the materials from the demolition site in accordance with federal, state and local regulations. D. Remove and dispose of appliances and other items that may contain refrigerants in accordance with 40 CFR, Part 82. Appliances and other items that may contain refrigerants include, but are not limited to, refrigerators, freezers, dehumidifiers and portable or central air conditioners. E. Remove and legally dispose of mercury-containing materials including fluorescent, high- pressure sodium, mercury vapor, metal halide light bulbs, and thermostats containing a liquid filled capsule. PCB-containing materials include capacitors, ballasts, and transformers where the component is contained within a metal jacket and does not have a specific, legible label stating no PCBs are present. F. Disconnect all utility services before demolition per Section 2.07. G. Perform site clearance. H. Complete the demolition work in accordance with the plans and these technical specifications. 1.03 PROTECTION OF THE PUBLIC AND PROPERTIES A. Littering Streets 1. The Contractor shall be responsible for removing any demolition debris or mud from any street, alley or right-of-way resulting from the execution of the demolition work. Any cost incurred by the City in cleaning up any litter or mud shall be charged to the Contractor and be deducted from funds due for the work. 2. Littering of the site shall not be permitted. 3. All waste materials shall be promptly removed from the site. B. Street Closure 1. If it should become necessary to close any traffic lanes, it shall be the Contractor's responsibility to acquire the necessary obstruction permits and to place adequate barricades and warning signs as required by the City. 2. Street or lane closures shall be coordinated with the appropriate City authority. C. Protection of the Public by the Contractor. A temporary fence shall be erected around all excavation, dangerous building(s) or structure(s)to prevent access to the public unless the City's Project Manager determines that the site is sufficiently secure without fencing. Such fence shall be at least four feet high, consistently restrictive from top to grade, and without horizontal openings wider than two inches. The fence shall be erected before demolition and shall not be removed until the hazard is removed. D. Noise Pollution: All construction equipment used in conjunction with this project shall be in good repair and adequately muffled. The Contractor shall comply with any noise pollution requirements of the City. E. Dust Control: The Contractor shall comply with applicable air pollution control requirements of the City's Representative. The Contractor shall take appropriate actions to minimize atmospheric pollution, and toward that objective the City's Representative shall have the authority to require that reasonable precautions be taken to prevent particulate matter from becoming airborne. Such reasonable precautions shall include, but not be limited to: 1. The use of water or chemicals for control of dusts in the demolition of existing buildings or structures, construction operations, the grading of roads, or the clearing of land. 2. Covering, at all times when in motion, open-bodied trucks transporting materials likely to give rise to airborne dusts. 2 F. Requirements for the Reduction of Fire Hazards 1. Removal of Material: Before demolition of any part of any building,the Contractor shall remove all volatile or flammable materials, such as gasoline, kerosene,benzene, cleaning fluids,paints or thinners in containers, and similar substances. 2. Fire Extinguishing Equipment: The Contractor shall be responsible for having and maintaining the correct type and class of fire extinguisher on site. When a cutting torch or other equipment that might cause a fire is being used, a fire extinguisher shall be placed close at hand for instant use. 3. Fires: No fires of any kinds will be permitted in the demolition work area. 4. Hydrants: No material obstructions or debris shall be placed or allowed to accumulate within fifteen feet of any fire hydrant. All fire hydrants shall be accessible at all times. 5. Debris: Debris shall not be allowed to accumulate on roofs, floors, or in areas outside of and around any structure being demolished. Excess debris and materials shall be removed from the site as the work progresses. G. Protection of Public Utilities: The Contractor shall not damage existing fire hydrants, streetlights,traffic signals,power poles,telephone poles, fire alarm boxes,wire cables,pole guys,underground utilities, or other appurtenances in the vicinity of the demolition sites. The Contractor shall pay to repair or replace any damaged utilities. The Contractor shall pay for temporary relocation of utilities,which are relocated at the Contractor's request for his convenience. All below-ground utilities that are abandoned as a result of demolition shall be terminated at least two (2) feet below the finish grade of the site. H. Protection of Adjacent Property 1. The Contractor shall not damage or cause to be damaged any public right-of-way, structures, parking lots, drives, streets, sidewalks, utilities, lawns or any other property adjacent to parcels released for demolition whether or not the property is scheduled for future demolition. The Contractor shall pay to repair or replace any such damage. The Contractor shall provide such sheeting and shoring as required to protect adjacent property during demolition. Care must also be taken to prevent the spread of dust and flying particles. 2. The Contractor shall restore existing agricultural drain tiles or roadway sub drains that are cut or removed, including drainable backfill,to original condition. Repairs shall be subject to approval by the property owner where applicable, and by the City's Representative. 1.04 RISK OF LOSS A. The Contractor shall accept the site in its present condition and shall inspect the site for its character and type of structures to be demolished. The City assumes no responsibility for the condition of existing buildings, structures, and other property within the 3 demolition area, or the condition of the property before or after the solicitation for proposals. No adjustment of proposal price or allowance for any change in conditions that occur after the acceptance of the lowest responsible, responsive proposal will be allowed. B. The Contractor acknowledges and understands that any disposal,removal, transportation or pick-up of any materials not covered under the scope of work shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc. which may arise from its handling of materials not covered by the scope of the work. 1.05 PROPERTY OWNERSHIP A. Title: The property address will be included in the Contract Documents. Following execution of the contract, and upon issuance of Notice to Proceed with respect to a given property, for the work of demolition and site clearance on all or any part of the demolition area referenced in the Notice to Proceed, all rights,title, and interest of the City in and to buildings, structures, fixtures and other personal property to be demolished and/or removed by the Contractor on part or all of said project area as described in the Contract Documents and contract addenda thereto, shall be deemed to be vested in the Contractor. All materials are to be removed and disposed of or salvaged in conformance with these specifications. B. Land: No property rights,title, or interest of any kind whatsoever, in or to the land or premises upon which such buildings or structures stand, is created, assigned, conveyed, granted, or transferred to the Contractor, or any other person or persons, except only the license and right of entry to remove such buildings and structures in strict accordance with the Contract Documents. Contractor shall not use the land or premises, or allow any other party to use the land or premises, for any purpose other than activities in direct support of the demolition. 1.06 VACATING OF BUILDINGS The structures identified in the Contract Documents shall be vacated before a Notice to Proceed is issued and the Contractor begins work. In case the Contractor finds that any structure is not vacated, the Contractor shall immediately notify the City's Representative and shall not begin demolition or site clearance operations on such property until further directed by the City's Representative. The Contractor's responsibility for such buildings will not begin until the City's Representative issues a subsequent Notice to Proceed with Demolition Order. No claim for extension of time or increase in price will be considered because of occupancy of any buildings. In case such occupancy is prolonged, the City reserves the right to delete the structure from the work. 1.07 PERMITS AND FEES The Contractor shall obtain all the necessary permits and pay all permit fees that are required by the City or any other governmental authority in conjunction with the demolition work. 4 1.08 MEASUREMENT AND PAYMENT A. Demolition Work: The Contractor shall be paid the lump sum price for demolition as indicated in the proposal and as approved by the City, and this payment will be full compensation for removal of buildings,building materials, contents of buildings, appliances, trash,rubbish, basements, foundations, and steps from the site; disconnection of utilities; grading of disturbed areas;placing and removing safety fencing; removal of septic tanks and cisterns; removal or capping of wells; and other work as necessary to complete the project. B. Incidental Items: The Contractor shall provide and pay for all materials, labor,tools, equipment, transportation, temporary construction, charges, levies, fees,permits and other expenses necessary to complete this work according to the plans and specifications. PART 2 -EXECUTION 2.01 DEMOLITION SCHEDULE The Contractor shall complete the Project in an expeditious manner and shall commence work within ten(10) days after being notified by the City with a Notice to Proceed on the project (excluding any Limited Notice to Proceed). It is anticipated that the City will issue a Notice to Proceed immediately for purposes of completing required utility disconnect work. The site shall be completely fenced and secured when left unattended. If Contractor is prevented from timely completing the work because of circumstances beyond the Contractor's reasonable control as determined by the City, the time for completion of the work will be tolled for a period of time equivalent to the stoppage resulting from such circumstances. The Contractor does hereby expressly acknowledge and agree that time is of the essence of this Contract, and,thus, failure by the Contractor to timely render and perform services hereunder shall constitute a material break of the Contract. 2.02 SALVAGE OF DEMOLITION MATERIALS The Contractor shall be allowed to salvage materials from any property on this project. No salvaging shall occur on the property until after the City of Waterloo has issued a Notice to Proceed for the property. The Contractor shall assume all expense, risk, and liability for salvaging. It is preferred that the Contractor remove items to be salvaged from the premises to the Contractor's premises or other private lands for pick up by other individuals or entities. If the Contractor intends to allow any other individuals or entities to enter the property on this project to perform salvaging,the Contractor shall only do so after obtaining from the third-party salvager a certificate of insurance for general liability with limits of liability of at least $1,000,000 per occurrence for Bodily Injury and Property Damage. For entities with employees, it shall include Workers Compensation and Employers Liability Insurance meeting the requirements of the Iowa Workers Compensation Law covering all of the entity's employees carrying out their work. The Contractor and the City of Waterloo, Iowa, its officers and employees, shall be named as additional insured on the third-party salvager's general liability insurance policies and certificates of insurance 5 2.03 DEMOLITION AND REMOVALS A. Structural Parts of Buildings 1. No wall or part thereof shall be permitted to fall outwardly from any building except through chutes or by other controlled means or methods, which will ensure safety and minimize dust, noise and other nuisance. 2. Any part of a building, whether structural, collateral, or accessory, which has become unstable through removal of other parts, shall be removed as soon as practicable and no such unstable part shall be left free-standing or inadequately braced against all reasonably possible causes of collapse at the end of any day's work. B. Basements and Foundation Walls: Cement slabs and footings or foundations of structures without basements are to be completely removed. If basements or crawl spaces are present they must be completely removed and backfilled. C. Concrete Slabs: The Contractor shall remove all concrete slabs, asphalt, surface obstructions, masonry slabs and appurtenances, unless otherwise directed. D. Signs and Landscape Structures: Landscape structures or signs must be removed with the project. The Contractor shall employ hand labor or other suitable tools and equipment necessary to complete the work without damage to adjacent public or private property or the items noted above. Where such Landscape structures or signs are removed, the area shall be graded to match adjacent natural grade levels or as directed by the City's Representative. The cost of any tree or brush removal due to the removal and grading out of any landscape structures or signs will be considered incidental and shall be included in the lump-sum bid for demolition. E. Fences: Fences, guardrails, and similar facilities shall be completely removed from the site. All posts for support shall be pulled out or dug up so as to be entirely removed. F. Partially Buried Objects: All piping, posts, reinforcing bars, anchor bolts, railings and all other partly buried objects protruding from the ground shall be removed. The remaining void shall be filled with soil and compacted in accordance with these specifications. G. Vegetation: The Contractor shall remove all trees, and such other trees, stumps, bushes, vegetation, brush and weeds, whether standing or fallen. H. Fuel Tanks: If applicable, Fuel tanks, above or below ground, shall be carefully removed and disposed of in a safe manner in accordance with the State Fire Marshal's regulations and those of the Iowa Department of Natural Resources. 1. Fuel tanks, above or below the ground, or tanks which have been used for storage of gasoline, kerosene, benzene, oils or similar volatile materials shall be carefully removed and disposed of in a safe manner. 2. All other tanks or receptacles shall be pumped out or emptied in a safe manner, and then shall be flushed out immediately with water, carbon dioxide or nitrogen gas until they are gas-free when checked with a"Explosimeter" or another equally efficient instrument, 6 before the work of removal is begun. Checking with the "Explosimeter" shall be done in the presence of the City's Representative by competent personnel. 2.04 WELL PLUGGING AND ABANDONMENT If applicable, all drilled wells shall be plugged and abandoned in accordance with Iowa Code § 455B.190 and Iowa Administrative Code title 567, chapter 39. An Iowa Department of Natural Resources,Abandoned Water Well Plugging Record shall be filed upon completion of the well abandonment. All sand point wells shall be pulled out of the ground, or if unable to be pulled, shall be plugged in accordance with Iowa Code. 2.05 DISPOSAL OF DEMOLITION DEBRIS AND SOLID WASTE A. Acknowledgement: The Contractor acknowledges, represents and warrants to the City that it is familiar with all laws relating to disposal of the materials as stated herein and is familiar with and will comply with all applicable guidelines,requirements, laws, regulations, of any federal, state or local agencies or authorities. The Contractor acknowledges and understands that any disposal, removal,transportation or pick-up of any materials not covered under the scope of work or not in compliance with these specifications shall be at the sole risk of the Contractor. The Contractor understands that it will be solely responsible for any liability, fees, fines, claims, etc., which may arise from its handling of materials not covered by the scope of work or not in compliance with these specifications. B. Debris: All materials, rubbish, and trash shall be removed from the demolition area leaving the demolition area free of debris. Any cost incurred by the City in cleaning up such materials and debris left behind shall be deducted from funds due the Contractor under this contract. C. Tires, Household Hazardous Waste,White Goods and Electronics: Tires, household hazardous waste (HHW) (which includes propane tanks, paint, pesticides and other materials that are restricted items for disposal in municipal landfills), white goods (which include household appliances such as washers, dryers,refrigerators, stoves, dishwashers, heaters, hot water heaters, etc.) and electronics (e-waste)will be first segregated from the structures and transported to an appropriate disposal site. The Black Hawk County Landfill will not accept HHW, so an alternative disposal site must be proposed. These wastes may be segregated in the field and hauled in concentrated loads. The Contractor shall visit the site to determine the number of tires that have been abandoned on site. If any additional tires are deposited on site prior to commencing demolition activity,the Contractor shall immediately notify the City's Representative of the quantity of additional tires so a change order can be prepared for additional removal. A change order will only be considered if the Contractor identified the number of abandoned tires on the site in the bid tabulation. D. Disposal of Demolition Debris and Solid Waste: 1. All debris and solid waste shall be delivered by the Contractor to the Black Hawk County Landfill. The Contractor shall be responsible to pay all fees for waste disposal. The Contractor shall submit to the City's Representative copies of all disposal tickets for 7 entire project. The cost of all disposal fees shall be considered incidental to the demolition. 2. All loads shall be secured while in transit, and all trucks used for disposal shall have a solid metal tailgate. Tarps and netting shall be used to prevent loss or dispersal of debris during transit and to minimize the threat of harm to the general public, private property and public infrastructure. E. Reserved F. Freon Removal and Disposal: The handling of Freon-containing appliances is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the identification and removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. G. PCB and Mercury Removal and Disposal: The handling of any fluorescent lighting fixtures and ballasts containing PCB or mercury is subject to all applicable state and federal mandates and regulations. The Contractor shall be responsible for the removal and disposal of the material in accordance with applicable regulations. All costs associated with said removal and disposal shall be considered incidental and shall be included in the lump sum bid for demolition. 2.06 Final Cleaning Up: a. Before acceptance of the demolition work, the Contractor shall remove all unused material and rubbish from the site of the work, remedy any objectionable conditions the Contractor may have created on private property, and leave the right-of-way in a neat and presentable condition. The Contractor shall not make agreements that allow salvaged or unused material to remain on public or private property at or adjacent to the project area. All ground occupied by the Contractor in connection with the work shall be restored. Restoration shall include grading and erosion control that meets applicable standards and regulations. b. Final cleaning up shall be subject to approval of the City's Representative and in accordance with applicable regulations. All pieces, parts, scraps, debris, rubbish, wood or organic materials from demolition activities shall be cleaned up and removed from the premises on a weekly basis. Final cleanup after a structure is demolished shall include complete and thorough removal from the premises of all parts or pieces of the building, its contents and its furnishings, including all debris, organic materials, rubbish, wood, concrete and masonry rubble. All hazardous open pits and recesses shall be securely fenced. c. Backfilling of the site is not apart of this contract. The General Contractor for the Cedar Valley Sports-Plex project shall provide all backfilling, excluding backfilling for utility disconnects in city-right-of-way, which is apart of this contract. 8 2.07 UTILITY DISCONNECTIONS The Contractor shall be responsible for coordinating with private utility companies for disconnection of services, including, but not limited to, electricity, natural gas, cable television, phone and internet. A. Sanitary Sewer Service Disconnection: All sanitary sewer services shall be disconnected before demolition work begins and plugged in conformance with requirements of the City. The Contractor shall not backfill the area prior to inspection by the Waterloo Building Inspections Department. Contractor may contact the Waterloo Building Inspections Department for requirements to comply with this specification. B. Water Service Disconnection: All water services and stubs for the buildings or properties within the demolition work shall be disconnected before demolition work begins in conformance with the requirements of the City. The Contractor shall not backfill the area prior to inspection by Waterloo Water Works. Contractor may contact the Waterloo Water Works for requirements to comply with this specification. C. Backfill and Compaction within City Right-of-Way: 1. Streets: The Contractor shall backfill, compact as specified and patch the surface of all excavations made in streets. The Contractor shall pay the cost. 2. Public Right-of-Way: All areas within the public right-of-way(including parking and sidewalk areas) shall be compacted. 3. Basements: 820 and 910 Sycamore Streets, will require 98% compaction and will be supervised by Terracon. 2.08 EROSION CONTROL Erosion control is not apart of this contract. The General Contractor for the Cedar Valley Sports- Plex project shall provide erosion control. 2.09 SAFETY AND FENCING A. Safety: The Contractor shall comply with all applicable current federal, state and local safety and health regulations. B. Safety Fencing: The Contractor shall furnish and place a safety fence around the site adequate enough to secure the demolition site, including any resulting debris or excavation, and to prevent pedestrian access. The safety fence shall remain in place until temporary chain link fence is installed by General Contractor for the Cedar Valley Sports-Plex. C. Demolition Techniques: The Contractor shall employ good demolition techniques, which includes, but is not limited to: 1. Using demolition techniques that minimize ground disturbance. All trees and shrubs shall be removed from entire site. 9 2. Maintaining the practice of keeping personnel at a safe distance from demolition activities. 3. Loading the materials with techniques to maintain a sufficient distance from personnel to reduce excessive exposure to airborne material. 4. Tarping loads and otherwise preventing material from becoming airborne during hauling. 5. Manual cleaning of the demolition site to remove all materials from the site. Contractor shall be responsible for providing protective gear and equipment to its agents and employees and for ensuring its proper utilization. 2.10 AUTHORIZED WORKERS Only the Contractor and its employees are allowed to demolish, dismantle, detach or dispose of any part of the demolition structure or its contents. Other individuals or entities that the Contractor intends to allow to salvage materials shall only be allowed on the premises after fully satisfying the insurance requirements specified in Section 2.02 above. 2.11 DAILY CLEAN UP OF RIGHT-OF-WAY AND PRIVATE PROPERTY At the end of each workday, the Contractor shall clean sidewalks, streets, and private property of any debris caused by the demolition operation. 2.12 RESERVED 2.13 EQUIPMENT 1. The Contractor shall be equipped with the normal tools of the trade and shall furnish all labor, tools, and other items necessary for and incidental to executing and completing all required work. 2. All equipment and vehicles utilized by the Contractor shall meet all the requirements of federal, state and local regulations, including, without limitation, all US DOT, Iowa DOT and safety regulations, and are subject to approval of the City. All loads must be secured and tailgates must be used on all loads. Sideboards must be sturdy and may not extend more than two feet above the metal sides of the truck or trailer. Trucks shall carry a supply of absorbent to be used to pickup any oil spilled from loading or hauling vehicles. 3. Contractor shall submit copies of the landfill tickets generated during project to the Project Manager that identifies the disposal site (Black Hawk County Landfill—refer to 2.05 (D) Disposal of Demolition Debris and Solid Waste) to which the materials were delivered. Such tickets shall be required to process billing statements by the Contractor. 10 2.14 ARCHAEOLOGY In the event that archaeological deposits (soils, artifacts and features, including cisterns,privies and the like), or other remnants of human activity are uncovered, or if archaeological deposits are found during demolition, the project will be halted immediately in the vicinity of the discovery, and the Contractor will take reasonable measures to avoid or minimize harm to finds. The Contractor will inform the Project Planner who will in turn notify the City. The City will then inform the State Historical Society of Iowa(SHSI) immediately. Work in the sensitive area cannot resume until a qualified archaeologist determines the extent of the discovery, consultations between SHSI are complete, and the City has been notified by SHSI. 2.15 PRICING This is a lump stun contract; all bids bid components are on a"not to exceed"basis. Change orders, additions, deletions and any other changes in the scope of work,will take the form of written amendments mutually agreed to by Contractor and City. In the case of mathematical errors, transposition of figures and the like, actual bid tabulation totals will take precedence over summary bid figures. 2.16 PROPERTY DAMAGE The Contractor shall be responsible for all damages to public and private property. The Contractor shall be responsible for having at least one person of authority and responsibility at the job site, and shall keep a report of all damage. If public or private property is damaged by the Contractor and is not repaired in a timely manner as determined by the City, the City has the option of having the damage repaired at the Contractor's expense to be reimbursed to the City, withheld from future payments of the Contractor, or paid from the performance bond. 11 Demolition and Site Clearance Services (no regulated asbestos-containing materials) for 330 Madison Street (Former Francis Grout School) June 25, 2012 Bid Tab Estimate: $ /e ©, c'00 0-0 Bid Security Required Bidder Bid Security Bid Amount Benton's Sand & Gravel, Inc 905 Center Street /G' //9 / g 69 c Cedar Falls, Iowa 50613 Kelly Demolition, LLC 1100 W. Mt. Vernon Road <Z) -' 79a G)'C) Mount Vernon, Iowa 52314 '?' Peterson Contractors Inc. Box A //car C.r l Reinbeck, Iowa 50669 L� F S/e) 3 Oc2, eine CITY OF WA I ERLOO 14 k f2/2i Council Communication City Council Meeting: Meeting Date Monday June 25h , 2012 Prepared: Date prepared 06/11/12 Dept. Head Signature: Signature or initials of Dept. Head # of Attachments: EW SUBJECT: Install an underground Detention pond to alleviate water from Ridgeway Towers Parking lot . Submitted by: Ethel Washington Recommended City Council Action: preliminary hearing and bid opening for June 25`i', 2012. Summary Statement: Install an underground Detention pond to alleviate water from the Ridgeway Towers Parking lot . Expenditure Required Source of Funds Capital Funds and reserves from Public Housing program. Policy Issue Alternative Background Information:Need a Detention pond for the heavy rainfall events in the parking lot at Ridgeway towers it floods, and a detention pond should alleviate most of the flooding in the lot. NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the RIDGEWAY TOWERS STORM SEWER UNDERGROUND DETENTION 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 the 25th Day of June 2012, until 4:00 p.m. for the construction of the RIDGEWAY TOWERS STORM SEWER UNDERGROUND DETENTION, as described in detail in the plans and specifications now available from Robinson Engineering Company. OPENING OF BIDS All proposals received will be opened in open Council meeting to be held in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the 25th of June 2012, at 5:30 p.m., 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 plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on 25th of June 2012 said hearing to be held in the Council Chambers in the City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by Robinson Engineering 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 The extent of the work involved the installation of an underground detention system at the Ridgeway Towers housing complex and any other work needed to complete the installation. NOTICE OF HEARING CONTRACT NO. 818 Page 1 of 5 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 August 31, 2012. 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. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by Robinson Engineering, 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 Robinson Engineering Company (5751 Westminster Drive, Suite B, Cedar Falls, Iowa) upon receipt of a $25.00 refundable deposit. 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 Robinson Engineering's 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 14 h consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. This deposit policy shall also 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 for each division of the contract to the qualified bidder submitting the lowest bid. NOTICE OF HEARING CONTRACT NO. 818 Page 2 of 5 • 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 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. NOTICE OF HEARING CONTRACT NO. 818 Page 3 of 5 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) and Section 3 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/Section 3 goals. The MBE/WBE/Section 3 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. 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 OF HEARING CONTRACT NO. 818 Page 4 of 5 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 design engineer. RESIDENT BIDDER/NON-RESIDENT BIDDER 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 Resident Bidder Certification or a Non-Resident Bidder Certification in the form(s) herein provided. 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 Division VI of Chapter 384 of the City Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the 14th day of June 2012. CITY OF WATERLOO, IOWA BY: Suzy Schares City Clerk NOTICE OF HEARING CONTRACT NO. 818 Page 5 of 5 Ridgeway Towers Storm Sewer Underground Detention June 25, 2012 Bid Tab Estimate: $ f 9�5, ovC2. c*� Bid Security Required Bidder Bid Security Bid Amount Benton's Sand & Gravel, Inc 905 Center Street c7C) 1 b 'l / 7 4 Cedar Falls, Iowa 50613 Peterson Contractors Inc. Box A Reinbeck, Iowa 50669 1--ag� v o Vieth Construction Corporation 6419 Nordic Drive 4 ! / 97 0 y/, 0 Cedar Falls, Iowa 50613 CITY OF WATERLOO I `6s Council Communication City Council Meeting:June 18, 2012 Prepared: Tune 25, 2012 Dept. Head Signature: PH # of Attachments: SUBJECT: 2012 RIVERFRONT SPORlb PARK IRRIGATION PROJECT Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: Request Council adopt resolution transmitting contracts, bonds and certificates of insurance from Midwest Irrigation L.L.C. of East Dubuque, Illinois for the 2012 RIVERFRONT SPORTS PARK IRRIGATION PROJECI at Cedar River/Exchange Park, 500 Block of Burton Avenue,Waterloo, Iowa, and approve and authorize the Mayor to sign Contract between the City of Waterloo and Midwest Irrigation. Summary Statement: This project consists of labor and material to irrigate six(6)ball fields at Riverfront Sports Park with alternate to irrigate the shelter area between South Annex and tee ball fields. Well to be provided by Leisure Services. Expenditure Required: $91,380.00 Source of Funds: Project cost will be funded by a Black Hawk County Gaming Grant (37SPT-CRYS). Policy Issue: NA Alternative: NA Background Information: Waterloo Leisure Services, Build Our Ballpark and Black Hawk County Gaming has committed $500,000.00 plus for improvements at Riverfront Sports Park at Cedar River/Exchange Park. Finance Committee approved AHTS Architect for design and construction oversight on January 3, 2012. Council awarded project May 14, 2012. CITY OF WATERLOO Council Communication City Council Meeting: June 25, 2012 Prepared: June19, 2012 Dept. Head Signature: Sandie Greco # of Attachments: SUBJECT: Gaming Grant Application Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve and authorize applying for a Gaming Grant to purchase a Central Traffic Signal Control System. Summary Statement The Gaming Grant will be used to purchase and install an advanced central traffic signal control software to upgrade and replace the existing closed loop systems. Master controllers will no longer be needed and will be decommissioned. The new system will have an extended range of new and advance capabilities. Expenditure Required $150,000 Source of Funds 90% paid by grant if grant is awarded. 10% G.O. Bonds Policy Issue Alternative Background Information: Council had approved applying for this grant. The Gaming Commission has informed us that they will not review the City's application without a City match. The 10% match is to meet this requirement. CITY OF WATERLOO Council Communication City Council Meeting:June 25, 2012 Prepared: lune 18, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2010 RIVER RENAISSANCE LOWER PLAZA CON I RACT NO. 763 HOLD HARMLESS AGREEMENT Submitted by: Jamie Knutson, PE, Associate Engineer Recommended City Council Action: Staff has reviewed this agreement and recommends Council approve this document and authorizes Mayor to sign and enter into said agreement. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Summary Statement Transmitted herewith is the hold harmless agreement with Peterson Contractors, Inc. on the Riverfront Renaissance. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information kg rm tton The City of Waterloo will have the ribbon cutting ceremony for the Riverfront Renaissance on June 29, 2012. Followed on June 30th and July 1st with an art show on the riverfront. The railing manufacturer incorrectly bent ninety-two percent of the hand railings and the new hand railings won't be installed until the middle of July. The contractor is concerned that the area will be open to the public without railings installed. CITY OF WATERLOO, IOWA a►1."It''4 WASTE MANAGEMENT SERVICES d 0 3505 EASTON AVE. WATERLOO,IA 50702 (319)291-4553 FAX(319)291-4523 1�'ri00 \ LARRY N.SMITH SUPERINTENDENT Council Communication Mayor City Council Meeting: 6/25/2012 BUCK Prepared: - / J CLARK Dept. Headd Signature: e: 4 # of Attachments: ' (D(01 COUNCIL MEMBERS SUBJECT: Permeate Refining L.L.C. DAVID JONES Ward I CAROLYN Submitted by: Brian Rath, Treatment Operations Supervisor COLE Ward 2 Recommended City Council Action: Approval of a Supply Agreement between HAROLD Permeate Refining L.L.C. and the City of Waterloo dated June 25, 2012. The terms of GETTY thisAgreement shall be for 5 Ward 3 ( )years, commencing on June 25, 2012 and continue until and including March 31,2017 subject to termination upon default as set forth in this QUENTIN Agreement. This agreement shall be automatically renewed for successive terms of one HART (1)year. Ward 4 RON Summary Statement Permeate is in the business of producing and mixing an WELPER alternative fuel mixture (AFM)which contains bio-mass by-product from food processing Ward 5 plants or corn ethanol production, and selling and delivering the AFM for use as fuel or BOB fuel additive. The City owns and operates an anaerobic lagoon,which is capable of using GREENWOOD the AFM waste as fuel to produce energy. Permeate shall pay the City a handling fee of At-Large five cents ($0.05)per gallon or equal to 8.5 pounds. The City shall bill Permeate STEVE monthly based on weight tickets that Permeate provides to the City for each shipment SCHMITT delivered. At-Large Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer , n CITY OF WATERLOO IOWA CITY CLERK AND FINANCE DEPARTMENT dT�q; 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4323 Fax(319)291-4571 O SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer rer100 Mayor BUCK aO ia� �� CLARK Council Communication City Council Meeting: June 19, 2012 Prepared: June 25, 2012 COUNCIL Dept. Head Signature: yl.,'� E� C J� MEMBERS 4 U ( �cQ/ZG 2J Number of Attachments: None DAVID JONES SUBJECT: Use of TIF Funds for Payment of Ward' Legal Services and Costs Related to CAROLYN the TechWorks Campus COLE Development Ward 2 Submitted by: Michelle Weidner, Chief Financial Officer HAROLD GETTY Ward3 Recommended City Council Action: I recommend that the City Council adopt QUENTINM. a resolution approving the use of Downtown Urban Renewal Area Tax Increment HART Financing funds up to $50,000 for the TechWorks Campus development. Ward 4 Summary Statement: See below. RON WELPER Expenditure Required: None Ward 5 BOB Source of Funds: N/A GREENWOOD At-Large Policy Issue: None STEVE Alternative: SCHMITT At-Large Background Information: The City has been working with the Greater Cedar Valley Alliance and others regarding the TechWorks Campus development. Under current Tax Increment Financing (TIF) law, in order to make payments for this project from a tax increment financing district without issuing bonds, the city is required to advance the funds from the General Fund and then repay that advance using the cash from the Tax Increment Financing Fund. The enclosed resolution has been drafted by our bonding attorney for that purpose. CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE DOWNTOWN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Downtown Urban Renewal Area(the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including marketing the area for future development of the Downtown Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has been working to aid in the establishment of the TechWorks Campus; and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $50,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. there has been established the Downtown Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Downtown Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $50,000 be advanced from time to time from the General Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the General Fund and shall be repaid to the General Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20 . Mayor ATTEST: City Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto)pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20 . City Clerk, Waterloo, Iowa SEAL DCORNELL/569667.1/MS Word111310.000 CITY OF WATERLOO , IOWA raw:-i CITY CLERK AND FINANCE DEPARTMENT T�m 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer %rtoo �° Mayor BUCK CLARK COUNCIL Council Communication MEMBERS City Council Meeting: June 25, 2012 Prepared: June 19, 2012 Dept. Head Signature: DAVID Number of Attachments: 1 JONES Ward I CAROLYN SUBJECT: Approval of the use of Tax Increment Financing funds for the COLS redevelopment of a former church and school site for retail use in the Logan Ward 2 Urban Renewal Tax Increment Financing District in an amount not to exceed $5,000. HAROLD GETTY Submitted by: Michelle C. Weidner, Chief Financial Officer Ward 3 QUENTINM. Recommended City Council Action: Planning is requesting that a resolution HART authorizing the use of Logan Tax Increment Financing funds to be used for the Ward 4 redevelopment of a former church and school site for retail use in an amount not RON to exceed $5,000 be approved. WELPER Wards Summary Statement: BOB Expenditure Required: Not to exceed $5,000 GREENWOOD At-Large Source of Funds: Tax Increment in the Logan Urban Renewal STEVE Tax Increment Financing District SCHMITT At-Large Policy Issue: N/A Alternative: None Background Information: N/A CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE LOGAN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Logan Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the redevelopment of a former church and school site for retail use, including necessary legal work, the acquisition of real property and necessary easements and development expenses for the future development of the Logan Urban Renewal Area; and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $5,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. there has been established the Logan Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Logan Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that $5,000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. - 1 - Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 20 . Mayor ATTEST: City Clerk - 2 - CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 20 City Clerk, Waterloo, Iowa SEAL CITY OF WATERLOO , IOWA Ito i►yT%/i CITY CLERK AND FINANCE DEPARTMENT 1 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 _ S� SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: June 25, 2012 MEMBERS Prepared: June 20, 2012 Dept. Head Signature: %zrk_ezu6/2 i) DAVID Number of Attachments: None JONES Ward I CAROLYN SUBJECT: Temporary Advances from MidPort TIF COLE Ward Submitted by: Michelle Weidner, Chief Financial Officer HAROLD GETTY Recommended City Council Action: I recommend that a resolution be Ward3 adopted to approve temporary cash advances from the MidPort TIF to the QuENTnvM. Northeast Industrial Site TIF in the amount of $291,214.38 and from the MidPort HART TIF to the Rath TIF in the amount of $13,643.27. Ward 4 Summary Statement: Current year funds spent exceeded funds RON available in the Northeast Industrial Site TIF and the Rath TIF. The MidPort TIF WELPER has a temporary cash balance. Ward 5 Expenditure Required: None BOB GREENWOOD Source of Funds: N/A At-Large STEVE Policy Issue: None SCHMITT At-Large Alternative: Background Information: Temporary cash flow timing differences can occur in TIF districts. These deficits are expected to be restored in future years. CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer „N ,,� CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT 11. T1 m 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer °Iorloo \° Mayor BUCK CLARK COUNCIL MEMBERS Council Communication City Council Meeting: June 22, 2012 Prepared: June 25, 2012 DAVID Dept. Head Signature: / edr.� e�,Cc>.Qce� TONES Number of Attachments: Documents are available in CFO's office Ward I SUBJECT: Issuance of General Obligation Bonds, Series 2012C CAROLYN COLE Ward2 Submitted by: Michelle Weidner, Chief Financial Officer HAROLD Recommended City Council Action: I recommend that a resolution be GETTY adopted directing the sale of$5,205,000 General Obligation Bonds, Taxable Ward3 Series 2012C to Hutchinson, Shockey, Erley & Co. at the rate of 2.5382%. QUENTIN M. HART Summary Statement: N/A Ward 4 RON Expenditure Required: N/A Wards Source of Funds: N/A Ward 5 BOB Policy Issue: N/A GREENWOOD At-Large Alternative: N/A STEVE Background Information: Public hearings and actions authorizing the SCHMITT intended issuance of bonds to for this issue were approved by the City Council at At-Large the May 29, 2012 council meeting. These actions are required to complete the issuance of the bonds. CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer • CITY OF WATERLOO , IOWA �--- -� m COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 drer100 NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: June 20 12 BUCK CLARK Prepared: June 25, 2012 (91 Dept. Head Signature: a09" # of Attachments: COUNCIL MEMBERS SUBJECT: Request to approve relocation costs in the amount of$20,000 for DAVID Grady Farms Dairy, Inc., in relation to the Shaulis Road Extension/Ansborough JONES Avenue Improvements Project. Ward 1 CAROLYN Submitted by: Noel Anderson, Community Planning & Development Director COLE Ward 2 Recommended City Council Action: Approval HAROLD GETTY Summary Statement: Transmitted herewith is a request to approve relocation Ward 3 expenses in the amount of$20,000 for Grady Farms Dairy, Inc. related to the Shaulis Road Extension/Ansborough Avenue Improvements Project. Grady Farms QUENTIN DairyInc. is eligible for the relocation benefit as the City HART g purchased and Ward 4 demolished the house owned by the farm at 910 West Shaulis Road. Per Iowa Department of Transportation requirements in the Relocation Assistance and RON Policy Manual, and based on tax returns for the past 2 years for the business, the wards WELR business is eligible for the full relocation benefit, as the income of the business exceeded the $20,000 maximum in both years. BOB GREENWOOD As you recall, the City received Surface Transportation Funds to reconstruct At-Large Ansborough Avenue and extend West Shaulis Road. The grant is an 80/20 split, STEVE therefore, the City cost for the relocation expense would be $4,000. SCHMITT At-Large Therefore, we would request that the City Council authorize to expend $20,000 to Grady Farms Dairy, Inc. for relocation expenses related to the said roadway project, with the City share of the relocation amount being $4,000. If you have any questions over the request, please do not hesitate to contact our office. Expenditure Required: $20,000 ($4,000 City) Source of Funds: Surface Transportation Funds and Local Option Policy Issue: Transportation Alternative: CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Background Information: The extension of West Shaulis Road and the reconstruction of Ansborough Avenue have been in the Metropolitan Planning Organization's Long Range Transportation Goals for nearly 30 years. Completion of this project will open up hundreds of acres of land for potential new economic development projects, ranging from professional offices, light industrial development and new residential development. Legal Description: N/A ta:NA cc: Aric Schroeder,City Planner Eric Thorson,City Engineer Jeff Bales,Associate Engineer Jim Walsh,Legal Chris Wendland,Legal --file-- 1 AIL CITY OF WATERLOO , IOWA i'�,'.11t'��ji COMMUNITY PLANNING AND DEVELOPMENT d 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 rerl oo ' NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: 6/25/12 BUCK Prepared: 6/19/12 (01 3 CLARK Dept. Head Signature: �� aU #of Attachments: COUNCIL MEMBERS SUBJECT: Resolution establishing a moratorium for a period of 45 days for new alcohol-related drinking and retail establishments (including new licenses and transfers) in DAVID the proposed Broadway Avenue Overlay District, Logan Avenue Overlay District, E. 4`'' TONES Street Overlay District, and Church Row Neighborhood Overlay District in the City of Ward t Waterloo, Black Hawk County, Iowa. CAROLYN Submitted by: Noel Anderson, Community Planning& Development Director COLE Ward 2 Recommended City Council Action:Approval. GELD GETTY Summary Statement: Recently there has been concern raised over the placement of Ward 3 alcohol-related drinking and retail establishments, particularly regarding the clustering of such uses, and the proximity of such uses to residential developments. The City of QUENTIN HART Waterloo passed an amendment to the Zoning Ordinance pertaining to the regulations of Ward 4 alcohol-related establishments in 2009, and further amended the requirements in 2011. However, concern has still been raised that the Ordinance does not do enough to prevent RON the clusterin WELPER g of these uses, particularly in proximity to residential uses. On 4/9/12 the Wards City Council adopted Resolution No. 2012-316 which enacted a 90 day moratorium for new alcohol-related drinking and retail establishments, including new licenses and BOB transfers, in the proposed Broadway Overlay District and directed staff to review the GREENWOOD At-Large Ordinance and determine what additional changes are needed to properly address the concerns that such uses are causing. Staff has prepared a proposed amendment to the STEVE Zoning Ordinance and the City Council held a hearing on the new Ordinance on SCHrge 6/18/12, however the amendment was tabled until the 7/9/12 Council meeting to allow At-Large additional input to be gathered. The existing moratorium is set to expire on 7/7/12, and if not extended, this could create a situation where additional establishments may develop that would increase the concentration of such establishments, or their proximity to residential uses, which could have adverse negative effects such as increases in violence and crime. Due to the negative externalities associated with a concentration of such uses, and the proximity of such uses to residential uses, it is in the public interest to prevent further concentration and prevent development of such uses in proximity to residential developments. The moratorium would not affect any establishment already in existence or under development if all approvals have been given, even if not yet operational. A new 45- day moratorium on all four proposed overlay areas will provide sufficient time for additional input on the proposed amendment to be gathered, and the amendment adopted. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Expenditure Required: none Source of Funds: n/a Policy Issue: Zoning Ordinance regulations Alternative: Don't extend the moratorium Background Information: Legal Description: See Attached Exhibit "A" cc: Noel Anderson,Community Planning&Development Director NA:as Path: K:\USERS\ARIGS\City of Waterloo\council letters\Misc-Appeals•Determinations-Other\06.19.12 Council Communication moratorium extension for alcohol sales uses Broadway Overlay.doc Exhibit "A" Broadway Avenue Overlay District— Legal Description Beginning at the intersection of the centerlines of W. Parker Street and Fairview Avenue; thence South along the centerline of Fairview Avenue and an extension of the centerline of Fairview Avenue to its intersection with the Northeasterly line of the Cedar River; thence Southeasterly along the Northeasterly line of the Cedar River to its intersection with the centerline of E. Third Street; thence Northeasterly along the centerline of E. Third Street to its intersection with the centerline of Franklin Street; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of Oak Avenue; thence North along the centerline of Oak Avenue to its intersection with the centerline of Utica Street; thence Northeasterly along the centerline of Utica Street to its intersection with the centerline of Lincoln Street; thence Northwesterly and Northerly along the centerline of Lincoln Street to its intersection with the centerline of Bratnober Street; thence West along the centerline of Bratnober Street to its intersection with the centerline of Columbia Street; thence North along the centerline of Columbia Street to its intersection with the centerline of the Canadian and National Railroad; thence Northwesterly along the centerline of the Canadian and National Railroad to its intersection with the centerline of Ackermant Street; thence North along the centerline of Ackermant Street to its intersection with the centerline of W. Parker Street; thence West along the centerline of W. Parker Street to its intersection with the centerline of Fairview Avenue and the Point of Beginning. Logan Avenue Overlay District— Legal Description Beginning at the intersection of the centerlines of Franklin Street and E. Mullan Avenue; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of Oak Avenue; thence North along the centerline of Oak Avenue to its intersection with the centerline of Utica Street; thence Northeasterly along the centerline of Utica Street to its intersection with the centerline of the former Illinois Central Railroad Beltline (abandoned); thence Northerly along the centerline of the former Illinois Central Railroad Beltline (abandoned) to its intersection with the centerline of the Canadian and National Railroad (formerly Illinois Central Railroad); thence Southeasterly along the centerline of the Canadian and National Railroad to its intersection with the centerline of E. Mullan Avenue (also known as U.S. Highway 63); thence Southerly and Southwesterly along the centerline of E. Mullan Avenue to its intersection with the centerline of Franklin Street and the Point of Beginning. E Fourth Street Overlay District — Legal Description Beginning at the intersection of the centerlines of Franklin Street and E. Second Street; thence Northeasterly along the centerline of E Second Street to its intersection with the centerline of Walnut Street; thence Northwesterly along the centerline of Walnut Street to its intersection with the centerline of Pine Street; thence East along the centerline of Pine Street to its intersection with the centerline of Iowa Street; thence North along the centerline of Iowa Street to its intersection with the centerline of Dane Street; thence West along the centerline of Dane Street to its intersection with the Centerline of E. Mullan Avenue (also known as U.S. Highway 63); thence North along the centerline of E. Mullan Avenue to its intersection with the centerline of the Webster Street right-of-way; thence East along the centerline of the Webster Street right-of-way and the centerline of Webster Street to its intersection with the centerline of Ankeny Street; thence North along the centerline of Ankeny Street to its intersection with the centerline of Ricker Street; thence East along the centerline of Ricker Street to its intersection with the centerline of Page 1 of 2 Linn Street; thence South along the centerline of Linn Street to its intersection with a line drawn between the Southeasterly corner of Lot 4, Block 7, Hammond and Hopkins Addition and the Southwesterly corner of Lot 7, Block 6, Hammond and Hopkins Addition; thence Westerly in a straight line to the intersection of the centerlines of E. Fourth Street and Dane Street; thence South along the centerline of E. Fourth Street to its intersection with the centerline of Walnut Street; thence Southeasterly along the centerline of Walnut Street to its intersection with the centerline of the Union Pacific Railroad; thence Southwesterly along the centerline of the Union Pacific Railroad to its intersection with the centerline of Franklin Street; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of E. Second Street and the Point of Beginning. Church Row Neighborhood Overlay District— Legal Description Beginning at the intersection of the centerlines of South Street and W. Mullan Avenue; thence Northeasterly along the centerline of South Street to its intersection with the centerline of Washington Street; thence Southeasterly along the centerline of Washington Street to its intersection with the centerline of W. Sixth Street; thence Southwesterly along the centerline of W. Sixth Street to its intersection with the centerline of Randolph Street; thence Southwesterly in a straight line to the intersection of the centerlines of W. Sixth Street and Wellington Street; thence continuing Southwesterly along the centerline of W. Sixth Street to its first intersection with Grant Avenue; thence continuing Southwesterly along the centerline of W. Sixth Street to its second intersection with Grant Avenue; thence Northwesterly along the centerline of Grant Avenue to its third intersection with W. Sixth Street; thence Southwesterly along the centerline of W. Sixth Street to its intersection with Allen Street; thence Northwesterly along the centerline of Allen Street to its intersection with the centerline of W. Fifth Street; thence Southwesterly along the centerline of W. Fifth Street to its intersection with the centerline of Baltimore Street; thence Southeasterly and Southerly along the centerline of Baltimore Street to its intersection with the centerline of Pleasant Street; thence West along the centerline of Pleasant Street to its intersection with the centerline of W. Fifth Street; thence Southwesterly along the centerline of W. Fifth Street to its intersection with the centerline of Bayard Street; thence South along the centerline of Bayard Street to its intersection with the centerline of Williston Avenue; thence West along the centerline of Williston Avenue to its intersection with the centerline of Kimball Avenue; thence North along the centerline of Kimball Avenue to its intersection with the centerline of Reber Avenue; thence East along the centerline of Reber Avenue to its intersection with the centerline of Sullivan Avenue; thence North along the centerline of Sullivan Avenue to its intersection with the centerline of W. Second Street; thence Northeasterly along the centerline of W. Second Street to its intersection with the centerline of South Street; thence Northwesterly along the centerline of South Street to its intersection with the centerline of W. Mullan Avenue and the Point of Beginning. 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In1111: 111111 � � ! _ ►• 611111M111 i. • 3 "12 NM i . = z on . 1 RIIfiutr ' $ . SE . ,1111�' �I!�Izlililllillil� . ��`n�����0 `,��;�� N_r • � I..111=111111 ,ib- + �� �� 1.0„vaimum,. N r11111111111111 iT4,/ . , �. \11 I __ _.off_ 11- GID 8 OM i ;J... _ � � J11- - ■. 11.. ui _. ��i T� _. _� �r Nod■ .... Ct r- ���_ �� III® '.�o ' /1111'lll ai1111� :� 1 ��� /IIIIIIIII 10111 II u' z — C mrm Q N MI111111111 ma ___ ..■ —n CITY OF WATERLOO Council Communication 014 City Council Meeting:June 25, 2012 Prepared: June 21, 2012 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Renewal of Property Insurance Submitted by: Suzy Schares, City Clerk Recommended City Council Action: Resolution approving renewal of property insurance for a total premium of$227,436.00 with Chubb Insurance, together with recommendation of approval of Insurance Committee Summary Statement: Approval of the premium is done on a yearly basis. Expenditure Required: $227,436.00 Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO Council Communication City Council Meeting: lune 25, 2012 Prepared: Tune 21, 2012 Dept. Head Signature: Suzy Schares # of Attachments: ao 615 SUBJECT: Renewal of Insurance Submitted by: Su Schares, Ci ty Clerk Suzy Y Recommended City Council Action: Resolution approving renewal of general and auto liability, law enforcement, public officials, errors and omissions, and umbrella insurance for a premium of $768,153.00 with Travelers Insurance, together with recommendation of approval of Insurance Committee Summary Statement: Approval of the premium is done on a yearly basis. Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO Council Communication City Council Meeting: lune 25, 2012 (J Prepared: Tune 21, 2012 o(a- Dept. Head Signature: Suzy Schares a # of Attachments: SUBJECT: Renewal of Stop Loss Health Insurance Submitted by: Suzy Schares, City Clerk Recommended City Council Action: Resolution approving renewal of stop loss health insurance for a premium of$754,068.00 with Wellmark Blue Cross Blue Shield. Summary Statement: Approval of the premium is done on a yearly basis. Expenditure Required: $754,068.00 Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO Council Communication City Council Meeting: June 25, 2012 Prepared: Tune 21, 2012 Dept. Head Signature: Suzy Schares (11 # of Attachments: 4 SUBJECT: Alternative Service Concepts Agreement Submitted by: Suzy Schares, City Clerk Recommended City Council Action: Resolution approving F.Y. 2013 Claims Service Contract agreement for Third Party Administration with Alternative Service Concepts at a cost not to exceed$23,670.00, plus bill review, to provide administrative and claims services for self-funded work comp insurance. Summary Statement Expenditure Required: $23,670.00 Source of Funds Policy Issue Alternative Background Information ASC Alternative Service Concepts, LLC City of Waterloo A Proposal for Workers ' Compensation Claims Administration Services Presented by: Mark Watkins Alternative Service Concepts, LLC 2501 McGavock Pike Suite 802 Nashville, TN 37214 615-360-5683 Waterloo/0710 Page 1 07528 "Sc Alternative Service Concepts, LLC Alternative Service Concepts, LLC City of Waterloo, Iowa July 1, 2012 to June 30, 2013 One-Year Claims Handling Service Number Of Per-Claimant Total Fee Claimants Fee Workers' Compensation Claims Indemnity 14 $580 $ 8,120 Medical Only 48 $150 $7,200 Run In Claims (D/L prior to 7/1/06) TBD $400 Incident Reports' TBD $40 Per Report Total Minimum Claims Fee $15,320 On-Line Access (One User) No Charge Additional Users $60/User/Month MMSEA-Annual Transmission Fees (includes query &submissions) $ 2,100 Systems Fee $ 2,500 Account Administration Fee $ 3,750 Total Fees $23,670 Claims will be handled for one year from the date the loss is reported to ASC with no additional per-claim fees. Any claim remaining open after 12 months will be subject to an annual maintenance fee of $350 plus systems fees and administration fees. Fees are based on claims volume provided. At the conclusion of the contract, any claims that exceed the claim count stated above will be invoiced at the quoted per-claim rate. The account administration fee includes: • Account Setup • New Claim Setup • Client Meetings • Excess Reporting 1 Recorded in claims system only.Must be specified as "Incident"at time of reporting. Waterloo/0710 Page 2 07528 ASC Alternative Service Concepts, LLC • State Reporting • Storage fees Medical Cost Management Medical Bill Review/PPO Usage 30% of Savings Subrogation Pursuit and Recovery 15% of Recovery Banking Allocated Expenses Allocated expenses will be charged to the claim file and include fees for: • Legal services • State-mandated EDI • Court reporters • Professional photographs • Official documents and transcripts • Experts' / rehabilitation services • Architects, contractors, engineers, chemists • Police, fire, coroner, weather reports • Accident reconstruction • Subrogation collection cost payable to third party • Extraordinary travel at client's request • Medical records • IMEs, MRIs, etc. • Managed care • Medical bill review • Index Bureau reporting • Outside investigation • Surveillance • Any other expense requiring client approval Waterloo/0710 Page 3 07528 ASC Alternative Service Concepts, LLC Claims Handling at Contract Conclusion At the conclusion of the contract, the following options are available for continued handling of open claims: • Annual per-claimant fee at ASC's prevailing rates • Claims returned to client Workers' Compensation Claims Definitions Medical Only Claims- Work-related claims that require medical treatment only and do not exceed $2,500 in total payments. Indemnity Claims -Work-related claims that involve disability benefits or medical only claims that require payment of medical and other expenses in excess of$2,500. Waterloo/0710 Page 4 07528 Council Communication Council Meeting:June 25, 2012 Prepared: lune 21, 2012 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: First Administrators, Inc. Submitted by: Suzy Schares, City Clerk Recommended City Council Action: Resolution approving two-year renewal of contract with First Administrators, Inc. to administer the employee health care benefit plan, including administrative and claim services at a cost of$23.50 per employee per month for two years and a disease management addendum. Summary Statement Expenditure Required: $23.50 per employee per month for two years Source of Funds: General Fund Policy Issue Alternative Background Information: liy CITY OF WATERLOO , IOWA �1..T�//� COMMUNITY PLANNING AND DEVELOPMENT -+rC 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 fireri00 �O NOEL C.ANDERSON,Community Planning&Development Director Council Communication 1 q Mayor City Council Meeting:June 25, 20 - ). BUCK Prepared:June 19, 2012 Db, CLARK Dept.Head Signature: #of Attachments: COUNCIL MEMBERS SUBJECT: Authorization by the City Council for the Mayor and City Clerk to sign and fully execute the enclosed Enterprise Zone agreement #12-HEZ.021 with Black Hawk Contracting&Development Inc. DAVID JONES Submitted by:Noel Anderson, Community Planning and Development Director Ward 1 CAROLYN Recommended City Council Action:Authorization by the City Council for the Mayor COLE and City Clerk to sign and fully execute the enclosed Enterprise Zone agreement. Ward 2 HAROLD Summary Statement:Transmitted herewith is a Housing Enterprise Zone Program GETTY Agreement for Black Hawk Contracting&Development Inc, for the construction of Ward 3 single-family homes, all, located within the EZ-8 Enterprise Zone. QUENTIN Expenditure Required:None HART Ward 4 Source of Funds:N/A RON WELPER Policy Issue: Economic Development/Residential Infill Development Ward 5 BOB Background Information: As required by the State Code of Iowa, the local Enterprise GREENWOOD Zone Commission reviewed the attached applications and project, and recommended At-Large approval to the State of Iowa. The State of Iowa has now approved the projects in its review, and has forwarded the agreements to commence with the project. STEVE SCHMITT At-Large The attached agreements are formal documentation of the projects, their locations within a locally designated and state certified Enterprise Zone, and the incentives they are eligible for under the program. Therefore, we ask that the City Council authorize the Mayor and City Clerk to sign and fully execute the agreement for the property. If you have any questions or need additional information please contact our office. cc: Noel Anderson,Community Planning&Development Director CITY WEBSITE: wwwci.waterloo.ia.us �I WE'RE WORKING FOR YOU! ,ea.o� An Equal Opportunity/Affirmative Action Employer 1 _\ �i� CITY OF WATERLOO , IOWA /�t';l\r.�.._ 54101 COMMUNITY PLANNING AND DEVELOPMENT S 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 drerl00 \O NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: 06/25/12 Mayor Prepared: 06/20/12 BUCK Dept. Head Signature: CLARK # of Attachments: COUNCIL SUBJECT: Reconsideration request of Robson Homes Inc. for a Site Plan MEMBERS Amendment in the "R-3,R P" Planned Residence District for property located along Mourning Dove Drive in Crossroads Estates Replat No 1 to allow for the DAVID development of 4-plex buildings. JONES - Motion to suspend the rules limiting reconsideration of an item to the same Ward 1 meeting or the one immediately following. CAROLYN - Motion to reconsider vote of 5/14/12 on previous motion to adopt an COLE ordinance approving a Site Plan Amendment on certain property. Ward 2 - Motion to receive, file, consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning GETTY HAROLD Ordinance, by amending the Official Zoning Map referred to in Section 10- Ward 3 4-4, approving a Site Plan Amendment on certain property. Motion to amend said Ordinance to modify the Site Plan Amendment to QUENTIN consider a modified amendment that would substitute duplexes for that HART p Ward 4 portion of the original plan providing for 4-plexes in that part of the Site Plan Amendment area lying westerly of Mourning Dove Drive and Southerly RON of Hummingbird Circle, and to postpone action to adopt said Ordinance WELPER Ward 5 approving said modified Site Plan Amendment until receipt of an additional recommendation of the Planning, Programming and Zoning Commission. BOB - Motion to refer the modified Site Plan Amendment to the Planning, GREENWOOD At-Large Programming and Zoning Commision. STEVE Submitted by: Aric Schroeder, City Planner SCHrge Recommended City Council Action: Approval. At-Large Summary Statement/Background Information: On August 19, 1991 Ordinance No. 3811 was approved rezoning the land within Crossroads Estates Replat No 1 to "R-3,R-P" Planned Residence District, and approving a site plan for the development. The subdivision is located south of Flammang Drive and East of Alexandra Drive. Primary streets in the subdivision include Hummingbird Circle, Mockingbird Lane and Mourning Dove Drive. The "R-3,R-P" Planned Residence District is site plan specific, and changes to the site plan must be approved through a Site Plan Amendment Process as either a Major or Minor Amendment. The approved site plan from 1991 showed a duplex development built with zero lot lines along a property line dividing each of the duplexes, with remaining side yard CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! ` ' �a =a o o` An Equal Opportunity/Affirmative Action Employer `� setbacks to be a minimum of 7.5 feet, front setbacks to be a minimum of 25 feet, and yard rear yard setbacks to be a minimum of 20'. The northwest corner of the development was later replated and has had multiple Site Plan Amendments approved. The remainder of the subdivision has remained vacant,but has recently had significant portions acquired by multiple developers who are moving forward with plans to develop the area. There may be some areas that are still developed with duplexes, however the developers are also looking at the option of building a mix of other units. On December 19, 2011 Council approved concurrence on a Minor Site Plan Amendment request to authorize development of single- family homes in the area, which would provide the same density as the original duplex plan, only having differing setbacks. Robson Homes Inc. was originally looking to develop a portion of the subdivision with 4-plex buildings, with minimum 30-foot front and rear yard setbacks and 10-foot side yard setbacks. The Planning and Zoning Commission unanimously recommended approval of this initial Site Plan Amendment on May 1, 2012. Opposition was submitted from multiple property owners in the vicinity, and at the 5/14/12 Council meeting, the request was unanimously denied. The applicant has submitted a revised site plan that eliminates the 4-plexes and shows duplexes similar to the originally approved site plan from 1991 for the area westerly of Mourning Dove Drive southerly of Hummingbird Circle. The applicant is still proposing to construct 4-plexes on the area easterly of Mourning Dove Drive and the portion westerly of Mourning Dove Drive that is northerly of Hummingbird Circle (behind Hy-Vee). The applicant is requesting that the Site Plan Amendment request be reconsidered. City Code of Ordinances section 14.3 (F) requires that a motion may be reconsidered at the same meeting or at the first meeting held thereafter, therefore the rules would have to be suspended as provided in section 1.4-3 (G) to allow for the request to be reconsidered. Consent of 3/4 of the Council members present is required. It is staffs recommendation that,because of the opposition that was encountered to the request, and because the proposed site plan is being modified, that the request should be remanded back to the Planning and Zoning Commission for additional review and recommendation prior to returning to the Council for final determination. Expenditure Required: none Source of Funds: n/a Policy Issue: Economic Development Alternative: Background Information:The area in question includes 36 lots, which on the approved site plan from 1991 showed development of 18 duplexes, or 36 units. Robson was originally proposing to construct 14 4-plexes on the area, or 56 units.The modified request now includes 7 duplexes and 10 4-plexes on the area, or 54 units. The proposed duplexes would be directly adjacent to the lots along Mockingbird Lane that Skogman Homes was approved to build single family homes on. Skogman Homes was opposed to the original Site Plan Amendment request, but indicated that they were not opposed if duplexes were put on the portion west of Mourning Dove Drive, south of Hummingbird Circle. The proposed development would be built in two phases as indicated on the attached site plans. The first phase has been altered to include the 7 duplexes on the west side of Mourning Dove Drive, and still includes 3 4-plexes on the east side of Mourning Dove Drive. The second phase has not been changed, and includes 7 4-plexes on the east side of Morning Dove Drive and that portion on the west side of Morning Dove Drive located north of Hummingbird Circle The development of 54 units would still meet the density requirements of the Zoning Ordinance. The layout of the 4-plexes with individual driveways to a public street would not meet the off street parking requirements,which generally prohibit the backing or backward movement of vehicles from an off-street parking facility onto a public street for anything other than a single family home or duplex, however the "R-P" Planned Residence District allows for flexibility of the requirements, and states that the "actual parking requirements shall be determined during the review of the site plan by the Commission in view of the flexibility of the guidelines". Legal Description: Crossroads Estates Replat No. 1, Lots 51 thru 62, and Lots 117 thru 140, all in the City of Waterloo, Black Hawk County, Iowa. cc: Noel Anderson,Community Planning&Development Director Path: K:\USERS\ARICS\City of Waterloo\council letters\Site Plan Amendments\041812 Council Communication Major Site Plan Amendment Crossroads Estates Replat No l.doc SITE PLAN AMENDMENT " PHASE 1 0 10o Prepared by R. Rodney Klien / ME ME 1 14 Anderson-Bogert Engineers&Surveyors,Inc. 4001 River Ridge Dr.N.E. Cedar Rapids,Iowa 52402 � � � IkL , N\ 73gckI-kd N 127 /f ''0 151 N .9.0, \ \ / .� N / - o R I N. Q 1 its z \ M D I52 � '� � 129 / J _I _ _ / \ O 1 Ti �53 s 1 _ _ 130 -4 a` —L _ m N 131 o 4 n re O — re o —I- - �__o,,_ R 132 t �, o N �55 .. 166.59'! _ 411 * i _ a. 156 cn. � m cri �l to in M 57 In \ 1— _ ®� 1 35 N 1 .-- \ ' i 58 rn o \ _ — .,-111 1A6 QN N rn 59 II e r w 0 !nmaro 3 rn ` . 1:7 2ga.. 0 i �/T Oil* �3o � 6000•S, oo� oa Cr - r , 38 6 wNU2 o ` 62 Pe ell` ` 3 0 61`\ all 13? lu at" IX o \--- W p .00' 146 0 CO c 1SC585 � ~ 151.64 13 0 6 j' • ...... o ',' GSA- Z o O en 0 0 Q rJ Sheet No. I- I of I SITE PLAN AMENDMENT Ni Prepared by R.Rodney Klien �+`\ 100 N PHASE Anderson-Bogert Engineers&Surveyors,Inc. 4001 River Ridge Dr.N.E. Cedar Rapids,Iowa 52402 O 302.95' . 229.14' ^ o ■ L" n • I • . \ i.m 123 / 117 I 122 . m 0 // E MN I— — — ■�_ L �" t = Z I 1.3I7 ACRES � —1— U 1 / , 124 / a, P w ■. a 1 / ;L1 �■11 s I ♦ . / I 0�� �/— v .� I•*hi* / 0 m tat 125/ \ I / -/� m 8 N. IL 4 / ./ / . N 'Iiii 0 , / / �/ �� 126// S IRD 91 crR 3493 I/'/ . �/� e,1a 1 - 127 - •- tio n I 51 q� I. / S 128/ / Iii N N1 52 1 — 0 "? a 129/ h / � . I ♦ L o N / t M I •53 —��� 13g n0 cr, v 1 1311 sogw 7 I 54 I _\ 4. x}$.. I I" O � � ' — _ _ 1 Omwc ^, IXNU0. N 1 55 t0 ■— 1 :. o 6 a I- 166.59 133 o a` t o W o 0 O 3 ...._ 0.. E. ON Q Q / Sheet No. F- 1 or 1 /� mow �+f _'�3 Z� i- i .:---01-F 't 9 tli O., -_ � �n ,: y E� _i_. .! r` S ;t$ Request For Site Plan Amendment To The �' R-3, R-P District To Construct 14 new 4-Plex Buildings � 'a f _ e _ � r 5 .,.,.� ; r4 _et i '.. " d E Wal-Mart c ?> Hy Vee - Ir, ❑ r r o-s g n �.,_ - '_ �¢� aa•�sYraby. '.„4., .. �,f--c+-I.s: .7:4 - : ,,"r is .�-aac� ° r <a ---- srt '�}�' E_ r e� I� y` n .�..✓ fi ri �gp b*y {;{;aai'g I i I; Phase 2 i, _,,,,,,. , ., .,.. k M b � * >: gJ" Hummingbird Cr a , y a Q • . ° Mil t. i 4 : ' �� �` Phi as 1■ �/ f. r xe a v low, ,,vs . 4#k - ,.a.i; ' • , ...:. , : 'gill"' ' Rk -r* Humming bird Cr "tsc,-, sus• i. Li N4 N eel APPLICATION SITE PLAN AMENDMENT TO A"R-P", "M-P","C-P","B-P","S-1"OR"C-Z"DISTRICT CITY OF WATERLOO PLANNING,PROGRAMMING,AND • ZONING COMMISSION,WATERLOO,IOWA • 319.291.4366 • New or Overall Amendment Individual Building Minor change _(check one)(Minor Change must be approved by staff) • 1.APPLICATION-INFORMATION: a. Applicant's name(please print):, ,315'j°cl''A Address::. Anne;;;-, Fax ._ ; $'if,--{1t3 7 tt _. 3 .State: 'Tic • �.P': .- 5`.�2'Yo b. Status of a`Rliclii?. (a)Owner .�p', � (b)Other (CHECK ONE):If other explain: c. Property gwmer'sata rf different than above(pleasent)~ :a•rl # nevt • dac 4d ' 0 die; • Frit 2.PROPERTX WpGliMATIO • • a. General location of site plan to be amended:__ d.e067y.r s ef4:- ,'STl i;.['• .. • .. .:..... .. ... . • "Legal qli b. descripti of property or portion to ire amended .`' fl+�;Lft t:.,r�r��;Y73:,1i:gp • - ms! �tk�t. � A�°F�>a5'��&'i�".��" l�l�iE`: ;;. , ` .. tin r�'i•r:� `;�i w.�kE . c. Dimensions of proposed site plantain • , , r ,ra: d. Area of proposed srtepi i amendment. ' :' ile;M ' :" .e- •s 7 x 4, e (z en nin& -,: for site pIana>n ei*drtttsitt proposed uses)of jrropt ITI _ g, Conditions(if any)agreed to(does not aflbot existingi enditionn•unless specified)., ei,,d e A-35 • . .. . • h. Other pertinent information(use reverse, iftiroetla_a ABe p'rt 3 ) • ,tiit0e A4 ikhi rr lit: #C044rf frtir3ittii . �e si iri•�e:tef. + *' ':urn 1-445f Please Note: If applicant is not the owner of the prope�e signature of the owner must be secured.If it is the inter to subdivide(split)any land,vacant or improved in conjunction with this request it must go through a platting process • (separate from site plan amendment request). The filing fee of$200(for new or overall amendment),$100(for individual Building),or SO(for minor change)(payable to the City of Waterloo)is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will • require that the request go back through the process, with a new filing fee. if the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning,Programming,and • Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct.All information submitted will be used by the Waterloo Planning,Programming,and Zoning Commission and the Waterloo CityCouncil in makingtheir decision. The undersigned authorize City Zoning •. Officials to enter the property in question in regards to the request. Siguatt( f Applicant •Vats Signal Owner mecca• . CITY OF WATERLOO layk , Committee Communication Committee Meeting: lune 25, 2012 Prepared:June 19, 2012 Dept. Head Signature: Bradley Hagen, Airport Director # of Attachments: 1 SUBJECT: Approval of Plans, Specifications,Advertising, and setting date for a public hearing and bid letting at the regular City Council meeting on July 16, 2012 for Rehabilitate Taxiway"E" at Waterloo Regional Airport. Submitted by: Bradley Hagen,Airport Director Recommended City Council Action: Approval of Plans, Specifications,Advertising, and setting date for a public hearing and bid letting at the regular City Council meeting on July 16, 2012 for Rehabilitate Taxiway"E" at Waterloo Regional Airport. Summary Statement Expenditure Required: Engineers Estimate-$920,000 Source of Funds: 90%($828,000) FAA Grant 10% PFC / 10% ($92,000) PFC Policy Issue Alternative Background Information: This project will involve the milling of existing asphalt surface, repair of existing Portland cement concrete pavement, installation of a new bituminous surface, replacement of the edge lights, and marking of the new Taxiway "E" pavement. The original taxiway was constructed in 1966 and the taxiway was overlaid with asphalt in 1977. This pavement has deteriorated over the years and is in need of rehabilitation. CITY OF WATERLOO / (2-- Council Communication ���� +Q�� City Council Meeting: Tune 25, 2012 ` I it 9I2— Prepared: Tune 20, 2012 Dept. Head Signature: Eric Thorson, PE, City Engineer # of Attachments: SUBJECT: FY 2012 LOU HENRY HOOVER MEMORIAL SCULPTURE GARDEN Contract No. 803, STP-U-8155(723)-70-07 Notice of Public Hearing Submitted by: Teff Bales,Associate Engineer Recommended City Council Action: Receive and approve Plans and Specifications as prepared by Craig Ritland Landscape Architect and set July 16, 2012 as date for Public Hearing and instruct City Clerk to publish said Notice of Public Hearing. Summary Statement This project will be let by the Iowa DOT on July 17, 2012. Expenditure Required To be determined Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: This federal-aid project is the site improvements between Park Avenue and W. 4th Street near the 218 overpass for the installation of sculptures and interpretive columns remembering the life of Lou Henry Hoover. Cl) (n 0) 7 C) > 2. _0 on N O = m ` C • w o a co1 � o o. 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Project Number: 102550/60131514/60180025 City of Waterloo 715 Mulberry Street Invoice No: 37246006 Waterloo, Iowa 50703 Your authorization: Agreement Dated August 6, 2007 Supplemental Agreement No. 1 Dated November 16, 2009 Supplemental Agreement No. 2 Dated September 12, 2011 Cedar River Water Trail Park Avenue Dam and 6th Street Dam Waterloo, Iowa Progress Billing: March 10, 2012, through June 8, 2012 Design CRS Lump Sum Fee $39,500.00 $56,000.00 Percent Complete 100% 100% Fee to Date 39,500.00 56,000.00 Less Previous Billing 39,500.00 55,440.00 $ 0.00 $ 560.00 TOTAL AMOUNT DUE $560.00 Design CRS Grant—County(80%) $0.00 $448.00 Match—City(20%) 0.00 112.00 $0.00 $560.00 � �y L:\workW //v DMIN\INVOICE1WatCedarRiverWaterTrail.doc (� ' ? CRS- '734/ Remit To: AECOM • P.O.Box 1497 • Waterloo,Iowa 50704-1497 501 Sycamore Street,Suite 222 • Waterloo,Iowa 50703 • (319)232-6531 • Fax:(319)232-0271 CO CO 0) 7 _nD < � < c -o < 0. m C o 6 CD �,,) 0 `< O. 7 N C •.Q. _, n Sp (D O_ O 3 . 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Project Number: 106387/60131712/60180121 City of Waterloo 715 Mulberry Street Invoice No: 37246007 Waterloo, Iowa 50703 Your Authorization: Supplemental Agreement No. 6 Dated September 2, 2008 REC ' 'ED Riverwalk Loop Trail rf,, From 6th Street to Cedar River Dam, Including Overlooks Construction-Review Services Progress Billing: July 2, 2011, Through June 8, 2012 Classification Hours Amount Senior Professional 29.0 $ 5,593.87 Project Professional 335.5 46,217.55 Staff Professional 14.0 1,525.79 Professional 18.5 1,543.82 Technician 1,131.0 94,429.24 CAD/GIS Operator 25.0 1,413.75 Project Support 90.5 5,695.04 Craig Ritland Landscape Architects 10,092.50 Direct Expenses 1,971.27 Total Costs to Date $168,482.83 Less Previous Billing 167,086.17 TOTAL AMOUNT DUE $ 1.396.66 6( A �r L:\work\NDMIN\INVOICE\WatOverlookCRS.doc "" (7zs W3 Remit To: AECOM • P.O.Box 1497 • Waterloo,Iowa 50704-1497 501 Sycamore Street,Suite 222 • Waterloo,Iowa 50703 • (319)232-6531 • Fax:(319)232-0271 o) oD CD L. c cn (/� a 7 0- CD w 0 Sp m °- m Xi- 41. 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Project Number: 601 551 28/601 81 1 36 City of Waterloo 715 Mulberry Street Invoice No: 37246009 Waterloo, Iowa 50703 Your Authorization: Supplemental Agreement No. 10 Dated April 26, 2010 Supplemental Agreement No. 16 Dated May 7, 2012 F.Y. 2010 Lower Plaza Construction-Phase Services Progress Billing: April 21, 2012, through June 8, 2012 Classification Hours Amount Senior Professional 12.0 $ 2,403.59 Project Professional 506.0 71,476.10 Staff Professional 34.5 3,317.70 Professional 6.5 593.98 CAD/GIS Operator 10.5 422.47 Senior Technician 1,293.5 124,101.80 Technician 617.5 42,411.63 Project Support 142.0 9,345.81 Craig Ritland Landscape Architects 12,512.50 InVision Architecture 15,825.00 Direct Expenses 2,885.75 Total Costs to Date $285,296.33 Less Previous Billing 263,519.27 TOTAL AMOUNT DUE $ 21.777.06 d 74 i✓✓Y1 „-r-k4 L:\work\ADMI N\INVOICE\WatFY2010LowerPlazaCRS.doc Remit To: AECOM • P.O.Box 1497 • Waterloo,Iowa 50704-1497 501 Sycamore Street,Suite 222 • Waterloo,Iowa 50703 • (319)232-6531 • Fax:(319)232-0271 (I) u) rn > n D < ` 13 c v 1 < a CD C O" n c...) 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D , $ ■ = • / § / % • o 0. ; & G I 0 CS 11 � 0 } I * • • = * < : oc I t - } 2C / 0 a) -o — N.) / 0 � � ƒ 2 \ - - m0 E -- § k 2 � a CD Cr -0> ( [ ƒ ƒ ƒ / 2 \ 2 0 0 \ / ® > § ] 7 & f }( ( 8 ( ® @ & 0 cm o / 7 } { \ -043f < \ / 2 z r' r- o CO § \ \ \ \ \ k / § \ � \ \ / M CDX73gom Om -4o - \ \ \ / \ k/ \ \ §/ -1 :5 CD k 0) 0 / \ \ \ \ 0 0C2oD x2m o = — { g § 0 / — N00 \ m 2 a) # , n 3 \ ^ . o cn / M � S Cr) \ � m xi z ^ © CDC� § { { 0 / � -4 C. 0 co / 0) « o % \ j _ m 0000 0 m §01 / § § \ { \ 8G88 G . 2 ± § NJ AECOMCO" Invoice Invoice To: Date: June 13, 2012 Mr. Eric Thorson Project Number: 84050/60132236/60180428 City of Waterloo 715 Mulberry Street Invoice No: 37246105 Waterloo, Iowa 50703 Your Authorization: Supplemental Agreement No. 1 Dated January 24, 2005 Supplemental Agreement No. 8 Dated August 17, 2009 Supplemental Agreement No. 10 Dated April 26, 2010 Supplemental Agreement No. 11 Dated December 13, 2010 Supplemental Agreement No. 15 Dated November 21, 2011 Cedar Valley Riverfront Renaissance Waterloo Vision Iowa Projects Cis; Riverwalk Loop/Cedar River Dam/ Cedar River Plaza and Amphitheatre Mark's Park and Performance Structure Phase II —Final Design Services of Selected Alternatives Final Billing Classification Hours Amount Senior Professional 194.5 $ 36,691.86 Project Professional 4,553.0 577,289.87 Staff Professional 1,196.5 101,137.69 Professional 879.0 62,172.97 Technician 657.0 45,240.27 CAD/GIS Operator 2,257.0 135,807.94 Project Administrator 127.0 8,524.92 Word Processor 286.5 16,586.85 Direct Expenses 8,746.10 ATS Subtotal $ 992,198.47 Vandewalle&Associates 75,000.00 Stanley 151,675.35 InVision 498,659.77 Terracon 17,788.25 Tallgrass 9,910.00 Total Costs to Date $1,745,231.84 Less Previous Billing 1,742,814.50 TOTAL AMOUNT DUE $ 2,417.34 7)06/6— ' �7ea Current Total To Date Riverwalk Loop/CR Dam/CR Plaza&Amphitheatre $2,417.34 $1,612,965.17 Mark's Park and Performance Structure 0.00 104,000.00 Mark's Park RECAT 0.00 9,986.25 Mark's Park RECAT Additional Design Features 0.00 9,500.00 Pump Station Electrical Modifications 0.00 8,780.42 $2,417.34 $1,745,231.84 L:\work\ADMI N\i NVOICE\WatRiverfrontPh i I.doc Remit To: AECOM • P.O.Box 1497 • Waterloo,Iowa 50704-1497 501 Sycamore Street,Suite 222 • Waterloo,Iowa 50703 • (319)232-6531 • Fax:(319)232-0271 MARIA ARMSTRONG From: ARIC SCHROEDER Sent: Tuesday, June 19, 2012 9:09 AM To: Chris Wendland Cc: CHRIS WESTERN; NOEL ANDERSON; MARIA ARMSTRONG Subject: RE: Question on legal for publication of a street vacate Thanks Chris, and good advise on not getting into the practice of using different descriptions for publication then for vacate/conveyance action. Noel and other Chris....this means don't send down a Council transmittal if you don't have a legal to go with it. There is a reason that I modified the Council Communication document inserting a spot for the legal description and requested that we all use that format and get proper legal descriptions in the communications we send down. Maria, For the church vacate, please use this for publication purposes: That part of Jackson Street lying southerly of the southerly right of way line of Shilliam Avenue,that part of Merriam Street lying westerly of the westerly right of way line of Halstead Street,and the unplatted southeasterly extension of Jackson Street and the unplatted northwesterly extension of Merriam Street which connect on a curve crossing Lots 5 and 6 in Block 7,Shilliam's 3rd Subdivision,City of Waterloo, Iowa. For the R&M metals vacate, please use this for publication purposes: That part of the alley as platted in Block 14 of Hayes Addition lying Southeasterly of a Southwesterly extension of a line drawn parallel and 46 feet Southeast of the Northwesterly line of Lot 2 in said Block 14, City of Waterloo, Iowa. Maria, can you also pass along a note to Carol that the first legal for the Church vacate can NOT be used for the resolution and the deed, and a survey will be required. Chris Western, check with the church to see how quickly they can get a survey completed. Do we need to retain an easement on either? If so that normally gets mentioned in the publication. Thanks, Aric From: Chris Wendland [mailto:chris.wendland@cbwhlaw.com] Sent: Tuesday, June 19, 2012 8:55 AM To: ARIC SCHROEDER Cc: CHRIS WESTERN; NOEL ANDERSON; MARIA ARMSTRONG Subject: RE: Question on legal for publication of a street vacate I think"non-legal" descriptions can work for publication purposes, since true legal descriptions seldom mean anything to the average person (or even the well-informed person) who would read it in the newspaper. The publication notice has to (a) be adequate to put the public on notice (whether they understand what it describes or not) and (b) be close enough to the true legal description to establish a connection between the notice and the related council approval and deed. On the first one, I suggest something like this: "That part of Jackson Street lying southerly of the southerly right of way line of Shilliam Avenue, that part of Merriam Street lying westerly of the westerly right of way line of Halstead Street, and the unplatted southeasterly extension of Jackson Street and the unplatted northwesterly extension of Merriam Street which connect on a curve crossing Lots 5 and 6 in Block 7, Shilliam's 3rd Subdivision, City of Waterloo, Iowa." (Obviously I'm indulging in some creative description.) This description will not work for the council resolution or the deed. A survey will be 6/19/2012 needed for those purposes. On the second one, what you suggest should probably work for all purposes. My only question arises from the fact that different parties own land abutting the vacated alley. If only one party is getting the entire vacated part,then this should be fine. If the alley is to be split, then a modified description will be needed for each council action and conveyance. I advise against getting into the practice of using different descriptions for publication and then later action and conveyance. Doing so will at some point lead to a question of whether the published description was adequate for purposes of legal notice. Chris Wendland Clark, Butler, Walsh & Hamann Phone: (319) 234-5701 Fax: (319) 232-9579 e-mail: chris.wendland@cbwhlaw.com Street: 315 E. 5th Street, Suite 200, Waterloo, Iowa, 50703 Mailing: P.O. Box 596, Waterloo, Iowa, 50704 From: ARIC SCHROEDER [mailto:ARIC.SCHROEDER@WATERLOO-IA.ORG] Sent: Monday, June 18, 2012 5:27 PM To: Chris Wendland Cc: CHRIS WESTERN; NOEL ANDERSON; MARIA ARMSTRONG Subject: Question on legal for publication of a street vacate Chris, Hey the other Chris has got his cart in front of his horse and has two vacate requests that Council has already taken action to set a date of hearing on, and the hearings is next Monday the 25th, for which the Clerks Office needs to get the legal published by this Thursday, so needs to get the info to them ASAP...but no legal exists. The first is vacating the portion of Jackson Street south of Shilliam St and Merriman St west of Halstead St. But, those two streets connect on a curve that runs through the middle of platted lots, and I have NO idea how to describe the middle. I don't think it can be done (for deed conveyance purposes)without a survey. BUT, for publication purposes, do you think we can get by with my general reference of Jackson Street South of Shilliam St and Merriman St West of Halstead St? The other one is a portion of an alley in Block 14 of Hayes Addition. Does this legal work???: That part of the alley as platted in Block 14 of Hayes Addition lying Southeasterly of a Southwesterly extension of a line drawn parallel and 46 feet Southeast of the Northwesterly line of Lot 2 in said Block 14. Question one would be does it work for the publication, and question two would be does it work for the deed? Thanks, AMC A.SCHROEDER City Planner City of Waterloo Community Planning and Development 715 Mulberry Street Waterloo,IA 50703 Phone: (319) 291-4366 Fax: (319) 291-4262 6/19/2012 NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 25th day of June, 2012, at 5: 30 p.m. , in the Council Chambers in the City Hall in the City of Waterloo, Iowa, a public hearing will be held by the Council of the City of Waterloo, Iowa, on the request of R & M Metals to vacate and purchase a 33 foot by 74 foot portion of alley located in Block 14 of Hayes Addition bounded by Commercial and West 18th Streets, described as follows : That part of the alley as platted in Block 14 of Hayes Addition lying Southeasterly of a Southwesterly extension of a line drawn parallel and 46 feet Southeast of the Northwesterly line of Lot 2 in said Block 14, City of Waterloo, Iowa. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this llth day of June, 2012 . Suzy Schares City Clerk NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 25th day of June, 2012, at 5: 30 p.m. , in the Council Chambers in the City Hall in the City of Waterloo, Iowa, a public hearing will be held by the Council of the City of Waterloo, Iowa, on the request of Union Baptist Church to vacate portions of Jackson and Merriman Streets to allow for the development of mini storage, described as follows: That part of Jackson Street lying southerly of the southerly right of way line of Shilliam Avenue, that part of Merriam Street lying westerly of the westerly right of way line of Halstead Street, and the unplatted southeasterly extension of Jackson Street and the unplatted northwesterly extension of Merriam Street which connect on a curve crossing Lots 5 and 6 in Block 7, Shilliam' s 3rd Subdivision, City of Waterloo, Iowa. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this llth day of June, 2012 . Suzy Schares City Clerk