Loading...
HomeMy WebLinkAbout04/18/2011 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, APRIL 18, 2011 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The `oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these `general rules". 4. You may speak one(1)time per item for a maximum of three(3)minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Carolyn Cole, Ward 2 Council Member. April 18, 2011 Page 2 Agenda, as proposed or amended. Minutes of April 11, 2011, Regular Session, as proposed. Proclamation declaring the week of May 1-8, 2011 as Days of Remembrance Week. Proclamation declaring the week of April 24-30, 2011 as Arbor Week. 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 Dale Hixson of the Waterloo Memorial Day Board, Waterloo Memorial Day Board Member, to hold Memorial Day Parade and Services to be held on May 30, 2011 starting 10:30 a.m., with the route to start at Commercial Street and 5th Street, west along Commercial Street, right turn on Park Avenue, right turn on Mulberry Street, right turn on 5th Street and end at Veterans Memorial Hall. Submitted by Daniel J. Trelka, Director of Safety Services 3. Request of request of Dennis Clark and Mary Eldridge to burn approximately 4 acres of prairie grass located north and south of the pond located at 2204 Ashland Avenue during the time frame of March 30-June 15, 2011 and September 1-November 15, 2011, together with recommendation of approval of Chief of Fire Services. Submitted by Pat Treloar, Chief of Fire Services 4. Request of Dirk Myhr for a concrete driveway to be located at 4132 North Avenue, together with recommendation of approval of City Engineer. Submitted by Eric Thorson, P.E., City Engineer April 18, 2011 Page 3 b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed 1. Officer Brad Police Motorcycle Davenport, April 26- $580.00 Walter; Officer Training Iowa 28, 2011 Dave Bovy 2. Investigator John Bloodstain Pattern Greeley, May 3-5, $1,950.00 DeKoster; Evidence Analysis Colorado 2011 Investigator Chris Morley 3. Greg Ahlhelm, Introduction to 2009 Madison, May 1-3, $1,421.48 Plans Examiner International Wisconsin 2011 Building Code 4. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re Appointment Historic Preservation New Kathy Linda Commission April 18, 2014 Appointment 5. Recommendation of appointment of Troy Seemann to the position of Waste Services Technician, effective April 30, 2011. Submitted by Larry N. Smith, Superintendent of Waste Management Services 6. Recommendation of appointment of Kevin Kuenstling to the position of Instrumentation Control Technician, effective May 2, 2011. Submitted by Larry N. Smith, Superintendent of Waste Management Services Class A Liquor License Permit Application 7. Sunnyside Country Club, 1600 Olympic Drive (Ownership Update) Class C Liquor License Permit Application 8. Jet Lounge, 451-453 W. Parker Street (Renewal) (Expires 4/14/12) (Includes Sunday Sales) 9. Caffe Bar Piramida, 712 Jefferson Street (Renewal) (Expires 2/18/12) (Includes Sunday Sales) Outdoor Service Area Application 10. Fortunes, 328 Elm Street 11. Jet Lounge, 451-453 W. Parker Street April 18, 2011 Page 4 12. Caffe Bar Piramida, 712 Jefferson Street Vehicle For Hire Business License Application 13. Yellow Cab, Inc., 110 W. 14th Street 14. Bonds PUBLIC HEARINGS 2. Waterloo/Cedar Falls HOME Consortium FY2012 One-Year Action Plan for CDBG and HOME Program Funds 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 plan and authorize submission to U.S. Department of Housing and Urban Development. Submitted by Rudy Jones, Community Development Director 3. 5-year lease with revenue in the amount of$9,600.00 per year with Fidelity Towers to allow for the construction of a 120' stealth monopole tower and equipment at Morris Park located at the corner of Ridgeway Avenue and 11th Street 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 approving lease agreement. Submitted by Noel Anderson, Community Planning& Development Director 4. Purchase of Traffic Mast Arm Poles, Williston at Baltimore & Williston at West 9th Street 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 Traffic Operations Superintendent for review. Submitted by Sandie Greco, Superintendent of Traffic Operations April 18, 2011 Page 5 RESOLUTIONS 5. Resolution approving the designation of funds to Grout Museum. Submitted by Mayor Buck Clark 6. Resolution approving updated 28E Agreement with LaPorte City to provide plan review, building and electrical inspection services. Submitted by Craig Clark, Building Official/Maintenance Administrator 7. Resolution approving Contract for the Disaster Recovery Expanded Business Rental Assistance Program for River Plaza Athletic Club at 10 W. 4th Street, in the amount of$45,153.00; and authorize Mayor to execute said documents. Submitted by Aric Schroeder, City Planner 8. Resolution approving application to the MidAmerican 2011 Iowa Solid State Street Lighting Grant in the amount of$5,000.00 for replacement of approximately 6 to 8 HPS street lights with LED fixtures. Submitted by Sandie Greco, Superintendent of Traffic Operations 9. Resolution approving IDOT Traffic Safety Grant Agreement with Iowa Department of Transportation for University/Hwy 63 Intersection in the amount of$63,000.00. Submitted by Sandie Greco, Superintendent of Traffic Operations 10. Resolution approving IDOT Traffic Safety Grant Agreement with Iowa Department of Transportation for six intersections in the amount of $71,000.00 (Shoppers Boulevard & San Marnan Drive; W. Park Avenue & Commercial Street; U.S. 218 & Hawthorne Avenue; U.S. 63 & Hwy 218 off ramp; Bluff Street & W. 6th Street; and University Avenue & Ansborough Avenue) Submitted by Sandie Greco, Superintendent of Traffic Operations 11. Resolution approving advance of funds in the amount of$80,000.00 for repayment from the Martin Road Urban Renewal Tax Increment Revenue Fund for purpose of making an economic development grant to Failor Hurley Properties, LW and direct filing of Certification Under Iowa Code Section 403.19. Submitted by Michelle Weidner, Chief Financial Officer April 18, 2011 Page 6 12. Resolution approving award of contract to Frickson Brothers Excavation of Evansdale, Iowa for an amount not to exceed $89,900.00 in conjunction with Demolition and Site Clearance Project, Contract No. 172- D-GO-04-18-11 for the following properties: 233 Ash Street; 325-327 Clay Street; 425 Clay Street; 1121 South Street; 1309 W. 2nd Street; 720 W. Park Street; 411 Wellington Street; 121 Cutler Street; 1555 Newell Street; 320 E. 1st Street; 326 Center Street; and alternate address of 715 Vinton Street. Submitted by Louis Starks, Contracts and Grants Coordinator 13. Resolution setting date of hearing as May 2, 2011 to approve a 4-year farm lease with Michael Cook to farm 9 acres along the north side of Martin Luther King, Jr. Drive, east of the City View Heights Neighborhood, and west of the Northeast Industrial Park, at $95.00 per acre with a yearly amount of$855.00. Submitted by Aric Schroeder, City Planner 14. Resolution setting date of hearing as May 23, 2011 for the acquisition or condemnation of agricultural property required for the West Shauiis Road/Ansborough Avenue Reconstruction Project. Submitted by Aric Schroeder, City Planner 15. Resolution approving Iowa Certified Local Government 2010 Annual Report to be filed with State Historic Preservation Office; and authorize Mayor to execute said document. Submitted by Aric Schroeder, City Planner 16. Resolution approving amendment to the application to Black Hawk County Gaming Association for interior improvements, equipment and furnishings for the Public Market in the total amount of$431,037.00 and that Resolution No. 2011-192 be rescinded in its entirety. Submitted by Mayor Buck Clark April 18, 2011 Page 7 ORDINANCES 17. Increasing speed limit from 25 mph to 30 mph on Burton Avenue from W. Parker Street to Conger St. and Post 25 mph Speed Limit on Burton Avenue from Conger Street to Park Road Motion to receive,file, consider and pass for the first time an ordinance amending the 2008 Traffic Code by repealing subsection (7) Burton Avenue of Section 341, Increasing Speed Limits in Certain Areas; and Enacting in Lieu Thereof a New Subsection (7) Burton Avenue of Section 541, Increasing Speed Limits in Certain Areas Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Sandie Greco, Superintendent of Traffic Operations ORAL PRESENTATIONS Motion to receive and file oral comments. Motion to adjourn to Executive Session. EXECUTIVE SESSION 1. Discussion of strategy in matters in litigation pursuant to Iowa Code Section 21.5(1)(c)(2007). Motion to adjourn Executive Session. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, April 18, 2011 4:30 p.m. - Council Work Session, Council Chambers 4:50 p.m. -Boards and Commissions Committee, Council Chambers 4:55 p.m. -Public Works Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers April 18, 2011 Page 8 PUBLIC INFORMATION 1. Civil Service List for the position of Engineering Technician, as certified by the Civil Service Commission on April 7, 2011. 2. Civil Service List for the position of Maintenance Worker I, as certified by the Civil Service Commission on April 7, 2011 3. Waterloo Public Library Board of Trustees minutes of March 14, 2011 on file in the City Clerk's office. 4. Communication from Director of Safety Services, transmitting retirement of Sue Holms, Police Sergeant, effective March 31, 2011, together with recommendation of approval of payout of$26,552.82 for unused scheduled, unscheduled and compensatory time. CONTRACT PAYMENT SCHEDULE 1. Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713. Pay estimate No. 71 to Peterson Contractors, Inc. in the total amount due of $3,701.23 2. F.Y. 2010 Sixth Street Storm Pump Station Improvements, Contract No. 716 Pay estimate No. 7 to Story Construction in the total amount due of$40,719.85 3. F.Y. 2007 Riverloop Exposition Plaza, Phase I, Contract No. 721 Pay estimate No. 19 to Craig Ritland Landscape Architect in the total amount due of $1,300.00 4. F.Y. 2007 Riverloop Exposition Plaza, Phase I, Contract No. 721 Pay estimate No. 47 to Cunningham Construction in the total amount due of $164,456.67 5. F.Y. 2010 Riverfront Renaissance Lower Plaza, Contract No. 763 Pay estimate No. 11 to AECOM in the total amount due of$10,626.01 6. F.Y. 2010 Riverfront Renaissance Lower Plaza, Contract No. 763 Pay estimate No. 16 to Peterson Contractors in the total amount due of$5,635.64 7. F.Y. 2010 Ridgeway Avenue and La Porte Road Intersection Improvements, Contract No. 775 Pay estimate No. 4 to Snyder&Associates Engineers & Planners in the total amount due of$2,587.62 8. F.Y. 2011 River Renaissance North Downtown Trail, Contract No. 786 Pay estimate No. 2 to Vieth Construction in the total amount due of$19,042.75 W'LOO TY OF THE COURIER CLERK'S IOFFICE AD NUMBER PAGE NO. 1347957 1 of 1 715 MULBERRY WATERLOO, IA 50703 BILL DATE SALESPERSON 319-291-4323 _ 05/03/11 kitta START DATE STOP DATE 05/03/11 05/03/11 AD NUMBER AD DESCRIPTION CLASS LINES —1 1347957 APRIL 18TH MEETING AND. RES. 0950 LEGAL NOTICE 882 J Publication Insertions Rate Net Amount Gross Amount 3 WATERLOO/CEDAR FALLS COURIER- 1 LEGAL $382.79 TOTAL AD CHARGE $382.79 Purchase Order 719675 PAY THIS AMOUNT $382.79 $382.79 COURIER COMMUNICATION; Please send only the payment slip with payments. Allow 5 business days c/o LEE NEWSPAPERS for payment to be applied to account. For legal questions, please call PO BOX 540 319-291-1411 or 800-798-1741 Mon-Fri 8:00-5:00 pm CST. WATERLOO IA 50704-0540 Return this portion with your payment Legal COURIER COMMUNICATIONS Check# _ r Credit Card Ad Number 1347957 c/o LEE NEWSPAPERS ❑ �.1 I I •=e ❑ l l ❑ '' • �o_ Billing Date 05/03/11 PO BOX 540 WATERLOO IA 50704-0540 Acct#: 1 Amount Due $ 382.79 Exp.Date:FE l I Amount $ Name on credit card _ Enclosed I Signature — Please make checks payable to: COURIER COMMUNICATIONS 000477 COURIER COMMUNICATIONS El W'LOO CITY OF c/o LEE NEWSPAPERS CLERK'S OFFICE PO BOX 742548 715 MULBERRY CINCINNATI OH 45274-2548 WATERLOO IA 50703 IuJuiiiiiii,iiiiiiiiiiiiiIiuliiiiii I'1,IliiInIuJInIiIrrrII 21780300000013479570000000000000003827900000382792 1 -- ,:>,„Ir -t•PrauO MI. 9`J4.. - _ ii „ � £'El 'doldelyglH801 I2 L£ S $ 99/99 79 99E9•404 03 `ExZxZ leuuaN 6op is uap sua-N arm suoi;eJ°oa OII lE '04$ 'Ilel'89'6ul 9 -lauua>f JOO poom lndllnvaa 9Z1Z•99E•L49 D-Z-686-61£ —OE£$'�aleay pa,e�;w M3N )9 4l�apup6'Me 4OL9S4E-6lE'OSl$`uospine0 S Jlf__ Ra1_eH uapoom 031dV 3oNVH_ ;� -.E£Z-6 LE`LL$'@az!S Z44£-40S-6 L£ 1OJ dV4-1011 WW6 009 eile SL4$ 4£Z mil V N6L 4 "6i, ,`JylAyiN Ja i eo0161 144E-4oS•6L£'OS4$ E:SL$ln�ey not — q! Z£'OL6---- -Nd-un0, g 101WL130121d3M e6 Z44£-4oS•6L£S6b$ R ,LB-9L4-6— L$,te.. - ZL•Ia01ua�•09-6LE M-Nn'J_t l 'l wje tw NAti0218 'leo ZZ 0S elN � 5Ll$'IeoZZw�e g oSE$.an13An.�4daz 6996Z£Z 00 I W-Nn0 3 _allod�llI -woo-woo'Poleseeu�le6sauas!elaaw ' .9-94E-61E60z ! 1I021BNWH0 4LL wom 'OLL$' aav g'E'�an!�p [[ 'a4 X9 D-� V!1- s,uawom Jawng 30yWa0lAW1 � �* = SZ$'saleld E410•£EZ .93'iapnd W �e_;]loop VLIONyld aaJ im Z lbg 09Z� yl' OVe d109 dnONVlIi S4ZS-ZEZ-61E'�ago/o6$ 'i- T d 180.1— '_____„pieA 4oeq,meu or ,0-bEZ-61E 43L-03-6LE '00£$sagel 1 eaJ6'News pua pue was anol'4onoo ,d- 'O6$_o;llasplml 3018 _ ;n`�amol es I 693 Leci-SEZ-61£'0049'mau Will luud 'ng O ____/weew 'e;os NVIM0101A an I £ oS$ 'swe. g'LE 8446-Z£Z'SE$'sp6 JeAlls 6wIJals 4Z sasse 6 OL+'� ploy pue f a [ '.9.54E-61��-- 1 4'�aP1oy�5ell N3H1V31 of 3lgeleOw aVOSVN pool auelsu317C-00S-61£ lod6 �mi T9-99Z-6L� _Pa�Iels. __r •a_ Io av- OZS£-EEZ'Ile Jo;Jo 3.1. m St- T�aS �a>?�oN iowd08-_ ,Bi;awe6ly6w fur- ' Z9L-99Z N s$ y-0 S101 '•rx 89ES-404.61£ 'OS$utrf awo for ow 108_ NMVI s�eagluamd!nb H ,ted. 11 ZSl-99Z 33Sp213X3 _6849-019.61E OOZ$ -oval _____NMVl )Jgs/m@Lzsssalpc0N1003M I • ao1_oAUT aAOgt au; ;O LiOI 1to,_Tgnd l acg Tn g aig)9Z-61E'SLL$ 9940-69Z-61E'0019'sIaue SatTTOQ'w/mala(°9 -�aqU ell4m OlxZ pas!,Janau'ad OZ :,gh-dd-;las-clA 9 LZA08N 9S4069Z61E'08$'luawaoeldejjo; iquor �_- Lx8 slaved paste; Jp°LueM M3K days 4-8136-6LE'9Z$•SHA COSI-96Z-6L£-0SL$ARIAN ,tbe" jO panl:aoag 01I13210d3E1 aNy1 •,BIx,L 'loop eBeie6 0y314113A0 :°ring £'64$'poo6suna jgR7z-Cz_Jammu NMyI _o �o salvo SLE$eill loalad a com- �---� ; II P woo�o salllop LIVO - m file. 6lEOS$'mau 8�lp 6849-0 19-61£ O Tgnd Aar? _exnlau Wta nS aoiu hiss l$ 8-9EZ-6L� q'>IsepM3lndWOD >urnto S60-9EZ'0l$'poompessaud aiCali -'"- tOJjlw_lWAO S�3ldY aUl y.e` 's W -o- '�^ llsap Jalndwoo ap!m„Z4 ,at dis- S1V3a31VWI110 S1 — i'tga 9L6LSL ONNo!SSIWWOo . ,. —__ V3031 VWI110 se�,a� €I �lld Di�s '°>, • 16Z-6LE WO Jo pe.ino6 63EI 1 0 adjourn /�i �o L�tp JB OOS$ aslpueyaaaw IeJauaO }Wed. AY"'Ay . � _........_..... .............-..„..._...r.- Seven. 6 sTgg am aaogaq oq uaoms put pagTaosgns l Lb l-l6Z PO djourn at wog�alano SI!eTeJn carried. �d9M leemol llbl Gl papa`u-bzs IJ _ moy6no.un aE iv \---scr-Y-6("1-) uiiuo slapeaJ pew /gZ$ ivv/ as �^ tpueyoaau)moAJoi sal-%Ai N {. s-v 1L'�I iBAL' $ iadnS J0103I> �s 6G ' ZSE$ TT?$ s ,aa�ulad Slb'30 a ai • ao, ;ou pits 5uius, Tgnd aoj TT?g la�eM 1151E!�iawwo yd �oazzoo sT BuTMoTTog auq Teup pug 'aad�dsMau wg lid-'vow I fudge pzts 4o agta vre aT I. Inbaa aul sT butszlaaApt Ob9-bEZ-6 LE I auoyd L Lbl-16Z-6 It Obi NV_er cent,Monday and closedtatp auktLl� put ' zadtdsMau p> is �o Lis $1.29. TTTDt1em SO us "The proposed offerings auq UT 'ZZ0Z/E0/S0 uo 5u1=ouammo0 _Skid Anq '2 Has uts, did not result in terms and 3T T a°I 'tMo2 'L��urioa S[MtH �[otTH .J to conditions that met our 3LFIM uT pa�utad aadtdSMau LCT1 tp t Dn expectations or recognize ggy�M aua ui paus, Tgnd stM aoz;ou saga- who in debt that matures next the future value we expect • 5�21 'QNK OI1I L��Ini EL S T rII2Id l rain holes. April. The company cited forLee stockholders J'Chair- ta1, billions r market conditions. man and CEO M L 5 6 G fi E T poor Wry Junck auut auk ltqp _reams LiTumaTos op I on- Since April 11, when the said in a statement."We will Build- mt. company announced its continue to pursue alterna- Mayor eno refinancing plan and also tivesandintendtorefmance Li�uno0 I O xotTg owing a of warned of a revenue decline our long-tern debt before it `FiMO d Lid L S be for the first three months of matures m Apri12012" e-Ap- lytoa the year, Lee's stock price The company declined tCom- .. fallen 57 nprx rpnt Thp fiirthp rnmment �ft April 11, 2011 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, April 11, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: David Jones, Ward 1 Council Member. 136260 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, April 11, 2011, at 5:30 p.m. , be accepted and approved. Ayes: Seven. Motion carried. 136261 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 4, 2011, at 5:30 p.m. , be accepted and approved. Ayes: Seven. Motion carried. Mayor Clark performed a swearing in of the following Police Officer: Diana Del Valle. Mayor Clark read a Proclamation declaring April 10-16, 2011 as The Week of the Young Child. Mayor Clark read a Proclamation declaring April 11-17, 2011 as American Home Week. Mayor Clark read a Proclamation declaring April 12, 2011 as Equal Pay Day. CONSENT AGENDA 136262 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-49, dated April 11, 2011, in the amount of $1, 930, 549.33, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2011-267. 2. Request of Ivan Wieland of Screaming Eagle American Bar & Grill, 228 East 4th Street, for a variance to the Noise Ordinance and permission to close a portion of Lafayette Street (between 4th & 5th Streets) starting Thursday, April 14, 2011 and each Thursday through November 2011 from 5:30 p.m. to 10:00 p.m. in conjunction with Bike Night event, including PA system and band, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-268. 3. Request of George Wyth State Park for an exception to burning yard waste to burn approximately 10 acres of prairie grass located between Wyth Lake and the main park road; and 3 acres of prairie grass located at the far west end of the park near the Lodge during the time period of April-May 2010, together with recommendation of approval of the Fire Chief. Resolution adopted and upon approval by Mayor assigned No. 2011-269. b. Motion to approve the following: Travel Requests Name & Title Amount not of Personnel Class/Meeting Destination Date (s) to Exceed 1. Steve Jordan, R220: Fire Emittsburg, April 30- $234.48 Fire Marshal Inspection Maryland May 14, Principals 2011 •paTaaeo uoT;ow •uaaas :saAv '3(eaM eUO ao3 buTx aOAaay ao; UOT;eOTTdde uoT;e;TDTTos Auep o; uoT;oN - -D.T ua;T aTge; o; 44TU40S/4aeH - £9Z9£T sPuOe'6T TTOZ '9 aunr uo PTeT3 MS-aATIQ 11E111E14 uES 'M TUT ;e aoeTd buT3(e; TTOZ aouaza;uo0 puET;seaH aqy _Tog dnoa0 IEA aqy 3o 4senbag•8T TTOZ 'TT aunr 110 aa;TegS PTeT3ueO-xaed a;e;s q;Aiy 88.1o00 ;E aoETd buT3(e; not4ezgaTa0 zeex 00T dung buTNTA ao3 uoxT❑ Aaaar 3o ;sanbag•LT uoT;eoTTddv AETdsTQ s3(aoMaaT1 ;aaa;g ,446 '3 8ZZ 'TTTaO Pue zee ue3Ta91.1i\j aTbeg 6U7-ii91OS'9T 3(tEd tToouT7 'dTgsaau;.zed ooTaa;eM ;aa.z;S uTeN'ST uoT4so TTddV seal/ aoTAaas s00p440 (SATES Aepung sapnTouI) (Zi/ST/£ saaTdxg) (MaN) ;aaz;S y36 '3 LZ0T ';aeN Apeads•6T (sales Aepung sapnTouI) (ZT/T/6 saaTdxg) (MaN) ;aaz;s y46 '3 LTTT 'eueaonbrpeT uoTgsoTTddV ;Tuaad esua0T? auTM g sseTO (saTeS Aepuns sapnTouI) (Ti/9/TT saaTdxg) (TEMausu) ;aaa;s uosza3;ar LZT 'aE;S buT>•ZT (sales AepunS sapnTouI) (ZT/T/6 saaTdxg) (MaN) ;aaz;S ,i46 '3 LITT 'eueaonbti'TT uoT;e3TTddV ;Tuaad asuaoTZ aonbTl 3 sseTO (saTEg AepunS sapnTouI) (ZT/OZ/6 sazTdx3) (TeMeuag) ;aaa;g 436 '3 8ZZ 'TTTzO pus zee usaTaeuu3 aTbeg buTuee oS'OT uoT;eoTTddv ;Tuzad asuaoTZ aonbTri O SseIO (saTeS AepunS sapnTouI) (ZT/ST/£ saaTdxg) (MaN) ;aaa;s v46 '3 LZOT '4aeN Apeed '6 (saTeS AepunS sapnTouI) (Zi/T/6 saaTdxg) (MaN) ;aaa;s ,146 '3 LTTT 'EueaonbT7 '8 uoT;eaTTddV ;Tuaad asuaoTZ zoos 0 sseTO (Ti/OZ/TT 03 TT/OZ/S-Sq;uou 9) (Men) 3(zed uT00uT? 'dTgsaau;zed ooT1.a4EM ;aaa;S uTeyy L (SaTes Aepuns sapnTouI) (TT/i/S 0; TT/9Z/6 -Asp S) (MaN) eATa0 q;aOMs;ag 6T8Z 'ssoa0 peg ue3Taeuy aa;deg0 aAa3(MEH •9 uot;eaTTddld ;Tuaad asuaoTZ .1992 e SSETO eoT330 s.33 Taags 3(MeH Noels '144TPS SeT0PPTN :a0T330 s.3;tzagS 3(MeH 3(oeTe 'aa3(onaQ 9ouaz9;uo0 Meq;;eN bue0 TeuoT;eN feaTTOd :uoT;eToossfj sTTE3 aepa0 sao;ebT;senui 'paeMOH 3(aeN TTOZ eMoI bue0 :eaTTOd IND OZ'SLT 'ZS 'SZ-ZZ Aew 'anbngnQ ;SeMpTN TTOZ 'aabser euEQ 'S • JeaT330 'ueATTTnS eTuer :zaaT330 a0119z9;1100 111Taa,3 seuogy buEg TeU0T;EN !z9DT330 :uoT;eTOOSSFj 'abeAeS" paeMp3 Sa0;ebT4seAui :;ueua;ne-r TTOZ eMOi bue0 'euas3(aT0 OZ'6S£'Z$ 'SZ-ZZ AEW 'anbngnQ ;seMP-Fw TTOZ ;uaag xzaTO ATM A;nde 9ouaza;UO3 '.OTTe3 TOze3 TTOZ 'LZ EMOI 4uauAoldu3 eNieTO A;TO 00'8L£5 -9Z TTadV 'sauToN sOQ eMOI TTOZ 'saaPgos Azns •£ saoTAaas xe; snTd 1TOZ '6T aOuaaa3uo0 aaT3 3o 3aTg0 00'OLTS -ZT TTadv EMoi 'seurd 033vi buTzdg 'aeoTaay 4ed 'Z Z abed TTOZ 'TT TTzdK April 11, 2011 Page 3 Consent agenda continued: Ayes: Seven, except for item 1 (b) 8, 9, 11, 13, 14. Motion carried. Ms. Cole abstained item 1.b.18. Mr. Schmitt abstained from the payment to Schmitt Telecom. Item 1 (b) 8, 9, 11, 13, 14 - Ayes: Six. Nay: One (Hart) . PUBLIC HEARINGS 136264 - Schmitt/Welper that proof of publication of notice of public hearing on Public Library's Radio Frequency Identification (RFID) Conversion Project-Phase 2, as published in the Waterloo Courier on March 31, 2011, be received and placed on file. Ayes: Seven. Motion carried. 136265 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 136266 - Schmitt/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Public Library's Radio Frequency Identification (RFID) Conversion Project-Phase 2", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-270. 136267 - Schmitt/Welper that "Resolution authorizing to proceed in conjunction with Public Library' s Radio Frequency Identification (RFID) Conversion Project-Phase 2", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-271. 136268 - Schmitt/Welper to receive, file and instruct City Clerk to read bids and refer to Library Director for review: Bidder Bid Amount Demco 4810 Forest Run Road 3 bin: $59, 819.00 Madison, Wisconsin 53704-7336 5 bin: $77,728.50 3M Library Systems 3 bin: $38,223.00 + options 3M Center, Bldg 225-4N-14 5 bin: $67, 895.00 + options St. Paul, Minnesota 55144-1000 Integrated Technology Group 3 bin: $50, 877.86 5000 Miller Court East Norcross, Georgia 30071 Option: $95,350.65 Ayes: Seven. Motion carried. 136269 - Getty/Hart that proof of publication of notice of public hearing on Demolition and Site Clearance Project, Contract No. 172-D-GO-04-18-11 for the following properties: 233 Ash Street; 325-327 Clay Street; 425 Clay Street; 1121 South Street; 1309 W. 2rd Street; 720 W. Park Street; 411 Wellington Street; 121 Cutler Street; 1555 Newell Street; 320 E. 1st Street; 326 Center Street; and alternate address of 715 Vinton Street, as published in the Waterloo Courier on March 31, 2011, be received and placed on file. Ayes: Seven. Motion carried. 136270 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Ayes: Seven. Motion carried. •peTa1PD uoT;oN •uanag :saAy •pasoTo aq bu?aeaq ag; ;eq; 41PH/pooMuaaa9 'euou a.ZBM aaaq; pue suor oaCgo TPao pue ua;;TZM ao; paTTPo aoAPW au; 'bu?aPaq o?Tgnd ;o aoPTd pup amT; aq; bu?aq s?qy - SLZ9£T •paTaaeo uo?;oN •uanag :saAv •aT?; uo paoeTd pue pan?aoaa aq 'TTOZ 'T£ goaeW uo aa?ano0 ooTsa;eM aq; uT pigs?Tgnd sP ';oaCosd uo?;TsTnbof A;aadoad (d9NH) meaboad ;uea0 uoT;Pb?;TN paPZPH aq; ao; sao?naaS aoueaeaTO a;Ts puP uoT;TIomaa uo bu?aeaq o?Tgnd ;o ao?;ou ;o uo?;Po?Tgnd ;o ;ooad ;eq; ;;?uigoS/pooMuaaaO - 6LZ9£T •paTaaeo uo?;oN •uanag :saAy £T90S eMOI 'sTTe3 aepa0 00'000 '6TT$ 00'000'S$ 00'000'6T'$ %S antIQ oTpaoN 6169 no-Resod/op uoTgona;suo0 q;a TA £690S PM0I 'uospnH 00'OSZ 'IZT$ 00'006 'TT$ 00'0S£'60I$ %S L66 xog Od uo?;ons4suo0 4ao3x0?4S SSTO-69905 PMOI 'xoaqu?ag 00'0££'6TT$ 00.009 '8$ 00'0£L'OIT$ %S K xog •oui sao;oPa;uo3 uosaeged £OLOS PMOI 'ooTaa;eM 00'005 'T65 00'005'9$ 00'000'SB$ %S ;aaa;s saTaeg0 OZS *mu "o0 '9 uTPTOON £0L05 eMOI 'ooTaa;eM 00 'S6L '6Ti$ 00 '00Z '95 00 'S65 '£TI$ %S anuanv pueTLIsV ZZ6T oUT 'buT;Pneoxg g bu?xonay uPuzgaq LOLOS PMOI 'aIPpSUPAg 00'006 '68$ 00'00£'8$ 00'009 'I8$ 00'080'6$ anuany uaaTTOO LEL buT;PAPOx3 'song uos7[OTad LL9OS PMOI 'ATaaneM 00'00Z'T9I$ 00'000 '6T$ 00'00Z'Z6T$ %S LLZ xog Od bu?;PAeoxg puP a4aaouo0 aexeg ;unomi PT TP3oy a;euse;TV PTE aseg puog PTE aapp?g :MaTnaa ao; ao4eu?paoo0 s;uea0 pue ;oea;uo0 o; aa;aa pup sp?q peace pup uado o; xaaTO A;?0 ;ona;su? pup aT?; 'an?aoaa o; ;aPH/A;;aO - £LZ9£T '£LZ-TTOZ 'oM paubTsse aoAeN Aq Tenoadde uodn pup pa;dope uo?;nTosag •uanag :saAy •pa;dope aq '„;aaa;s uo;uTA GIL 3o ssaappP a;euaegTe puP :;aaa;s sa4ua0 9Z£ :;aaa;s aaa aMa �sT '3 OZE 3 3S TT N SSST t;aaa;s aaT3110 TZT !;aaa;s uo;bu?TTeM TIP [;aas;s xaed 'M OZL ';aaa;S puZ 'M 60£T f;aaa;S q;noS TZTT l;aaa;S APTO SZ6 c;aaa;S APTO LZ£-SZ£ .;aaa;S gsV ££Z :se?;aedoad buTMoTTo; ag; aO3 TT-8T-60-00-Q-ZLT 'oN ;oea;uo0 ';oeLoad eoueaeaTO a;TS puP u0T4TTomao q;TM uo?;ounCuoo uT uoT;once;suoo bu?aapao uo?;nTosag„ ;eq; ;aPH/A;;aJ - ZLZ9£T 'ZLZ-TIOZ '0[1 paub?sse aoAew Aq TPnoadde uodn pup pa;dopP uoTgnTosag •uanag :seAv •pa;dope aq '„;aaa;s uo;uTA STL 3o ssaappe a;Puaa;Te puP :;aas;s sa;ua0 9Z£ :;aaa;s :J 'S OZ£ :;aas;S TiaMaN SSST a;aas;s a8i4110 TZT c;eeI;s uo;bu?TTaM TT6 l;aaa;S 'tied 'M OZL t;eaa;s p„Z 'M 60£T l;eaa;S q;noS 'ZIT l;aaa;g APTO SZ6 :;aaa;S AP TO LZ£-SZ£ _;eaa;S Usk/ ££Z :se?;aadoad bu?MoTTo; eq; ao; TT-8T-60-00-Q-ZLI •o[N ;oPa;uop ';oaCoad eouPaeaTO a;Ts pue uo?;TToweU q;TM uoT;ounCuoo u? •o;a ';oPa;uoo 3o uiso; 'suoT;POT;Toads 'suPTd ;o TPnoaddP bUTuiXT;UOO uO?;nTosag„ ;Pg; ;aPH/A;;aO - TLZ9ET 6 abed ITOZ 'TT TTad1 April 11, 2011 Page 5 136276 - Greenwood/Hart that "Resolution confirming approval of Request for Proposals, plans, specifications, form of contract, etc. in conjunction with Demolition and Site Clearance Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-274. 136277 - Greenwood/Hart that "Resolution authorizing to proceed in conjunction with Demolition and Site Clearance Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-275. 136278 - Greenwood/Hart to receive, file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review: Total lump sum bid (total cost Bidder Bid Bond based on the tabulated amounts from each property bid tab) Affordable Hazards Removal, Inc. 121 E. Grand Street 5% $494,000.00 Monticello, Iowa 52310 Frickson Backhoe & Trucking 911 Central Avenue $15, 000. 00 $299, 819.00 Evansdale, Iowa 50707 Kelly Demolition., LLC 1100 W. Mt. Vernon Road 5% $189,362.46 Mount Vernon, Iowa 52314 McClain & Co. , Inc. 520 Charles Street 5% $281, 650. 00 Waterloo, Iowa 50703 Peterson Contractors Inc. Box A $17, 135.50 $342, 710.00 ' Reinbeck, Iowa 50669-0155 Ayes: Seven. Motion carried. RESOLUTIONS 136279 - Hart/Welper that "Resolution approving agreement with Iowa Network Services, Inc. to utilize public right-of-ways for the installation, operation and maintenance of a fiber optic network; and authorize Mayor to execute said document-Submitted by Eric Thorson, P.E. , City Engineer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-276. 136280 - Hart/Welper that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Vieth Construction Corporation of Cedar Falls, Iowa at a total cost of $472, 920.65 in conjunction with F.Y. 2008 Donald Street Trail, Contract No. 700; and authorize Mayor to execute said document-Submitted by Eric Thorson, P.E. , City Engineer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-277. 136281 - Hart/Welper that "Resolution approving recommendation of award of contract to Aspro, Inc. of Waterloo, Iowa in the amount of $4,251,258.60 in conjunction with F.Y. 2011 Street Reconstruction Program, Contract No. 798-Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-278. 'S8Z-TTOZ •oN paubTsse aoAew Aq TeAOadde uodn pue pa3dope uoT3nTosag •uanas :saAv •pa3dope eq '„aaauTbus A3TO 3ue;sTssy ' •g•d 'z3uao sTuuaa Aq pa33Twgns-puog aoueueguTew aveA-oM3 eTT3 pue e!TaOaz pue 'eMoi 'xoequTag 3o •oui 'szo4oez3uo3 uosaaged Aq pawao3aed (anTaa uTgatH puy aATaa TTe3pag a03 JemeS . wa04S pu' aaMeS Aae3Tues aATza TTe3pag 30 buTAed) uoTpTppv g;xTs xaed uognpnv egg 3o sguawanoadwi 3o aouegdezoy buTAoadde uoT3nTosag„ 3eg3 pooMuaaz9/3zeH - 88Z9£T '68Z-TTOZ •oN paubTsse aoAew Aq TeAoadde uodn pue pa3dope uoT3nTosag •abuego au3 buTpaebea A3uno0 egg g3TM uoT3eoTunwwoo 30 NoeT au3 pue esuedxe egg u3TM ulecuoo pesseadxe 33Twgos •aw • • (33Tw14os) eu0 :AeN •xTs :se/V •pa3dope eq '„aa°T330 TeToueuTd ;GT140 'aaupTeM aTTagoTN pue xaaTO ADTO 'saaegos AznS Aq pa33Twgns-eaeM33os buTsuaoTT pue TToaAed 'TeToueuT3 a03 00'0S6 'Z6£$ paeoxe o3 3ou 3unowe Te3o3 9113 uT oui 'swa3sAs pTaoM MaN 143TM wnpuappe 3oeaguoo buTAoadde uoT3nTosag„ 3eg3 pooMuaeao/3seH - L8Z9£T •£8Z-TTOZ 'oN paubTsse aoAew Aq Tenozdde uodn pue pa3dope uoT3nTosag •uanaS :seAy •pa3dope eq '„ao3oaxTa 3uawdoT9n9a 9 buTuueTd ATTunwwo0 'uosaapuy TaoN Aq pa33Twgns -E '0N 3tTd xaed TtTa3snpui 3seau3a0N '8i 3o/ uo pa3eooT ATTeaauab buTPTTnq buTsnogaaeM TeTagsnpuT •33 •bs 00S'LT Mau e ;o 3uawdoTanap au3 . a03 MoTTt 03 3oTa;sTa TeTagsnpui pauueTd „d'Z-w„ egg. 03 3uempuawe ueTd egTs e ao3 Toayuo0 3o 3senbaa eAoadde 03 TTOZ 'SZ TTadv se buTzeeq 3o e;ep buT339s uoT3nTosag„ 3eg3 pooMuaaao/3atH - 98Z9£T 'Z8Z-TTOZ 'oN paubTsse soAew Aq Tenozdde uodn pue pa3dope uoT3nTosag uanaS :saA- •pa3dope eq '„suoT3eaad0' oT33eay 3o 3uepue;uTaadns 'ooaso aTpues Aq peggTwgns -anuaAv alegsay pue 3aea3S eaowT;Teg uaemgaq anueAY uotAg 30 xooTq 009 egg. 3o epTs q;nos aq3 uo buTxaed Aaezodwa3 ao3 3senbaa buTAoadde uoT3nTosag„ gulp pooMueeao/3aeH - S8Z9£T 'T8Z-TTOZ •oN paubTsse aoAew Aq Tenozdde uodn pue pa3dope uoT3nTosag •uanas :saAj 'pa3dope eq '„zo;oerTu 3u0wdoT9n9a 9 buTuueTd A;Tunwwo0 'uosaepuy TaoN Aq pa33Twgns-3uawdoTanap TTT3uT buTsnog Mau zo3 pasn eq 03 00'000 'ST$ 30 3unowe egg uT poouaoggbTGN PTaT3uMoag u3eg egg uTg3TM pa3eooT 3aaa3S a33aAe3eq L26 3o uoT;TSTnboe aq3 buTAoadde uoT3nTosag„ •3eg3 aadTaM/aTo3 - 68Z9£T '08Z-TTOZ •oN paubTsse aoAew Aq Tenoadde uodn pue pa3dope uoT3nTosag •uanas :seA' 'pa3dope eq '„ao;oaaTa 3uamdoTaaaa 9 buTuueTd A;Tunwwoo 'uosaapuv TaoN Aq pa33Twgns-3uewnoop pTes a3noaxa o3 xzaTO A;T0 pue aoAew azTaou;ne pue l;ueoaad as 3e saeaA eAT; ao3 s;uawa;egel xe3 q;TM '30T1;sTa eoueuT3 3uewaaoui xey 3aodaTy aq3 uT aT0aTO auTTaTK SL6Z 3e p83eooT ATTeaauab buTpTTnq TtTa;snpuT buT3sTxe aTau3 oquo uoT;Tppe a0T33o '33 'bs 00S'9 03 00S'S Mau e a03 uoT3eaodso0 uoT;TsTnbov wd0 g3TM 3uawaaabv 3uawdoTanaa buTAoadde uoT3nTosag„ 3eg3 aedTem/aToo - £8Z9£T '6LZ-TTOZ oN paubTsse aoAew Aq Tenozdde uodn pue pa3dope uoT3nTosag •uanas :saAj •pa3dope eq '„aaauTbug A3T0 3ue3sTssv ' •g•d 'z;uao sTuuaa Aq pa33Twgns-s;uemnoop pTes a3noaxa o3 xaaTO A4T0 pue aoAew ezTaog;ne pue !B6L •oN 3oeaguo0 'wezboad uoT3ona;suooag ;eeI;s TTOZ 'b'3 g3TM uoT3ouncuoo uT 09'8SZ'TSZ'6$ 30 3unowe 9q3 UT eMoi '00Tza3eM 3o •oui 'oadsy g3TM eeueansui 3o s93e0T3T3s90 pue spuog '3neaJuo0 buTAoadde uoT3nTosag„ 3eg3 sadTaM/aT00 - Z8Z9£T 9 abed TTOZ 'TT TTadV April 11, 2011 Page 7 ORDINANCES 136289 - Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 418 to Section 2A-5, Rezoning Certain Property to rezone approximately 3.52 acres from "R-2" One and Two Family Residence District to "R-1,R-P" Planned Residence District, located at the former Irving Elementary School site at 728 Hawthorne Avenue, located at the southwest corner of West 6th Street and Hawthorne Avenue to allow for future one and two family housing development", be considered and passed for the third time and adopted. Ayes: Six. Nay: One (Hart) . Steve Sesterhenn, Board Chairman Heartland Habitat for Humanity, thanked Council for allowing Habitat to voice their concern and helping them to understand the intentions of staff and Council. Ann Berry-Wortham, encouraged Council to not pass the ordinance. Linda Morgan, Cedar Falls, expressed concern with the inability to build affordable homes if the property is rezoned to "R-1, R-P." Ordinance adopted and upon approval by Mayor assigned No. 5041. 136290 - Cole/Hart that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (13) Lafayette Street of Section 549, Loading Zone; and enacting in lieu thereof a new Subsection (13) Lafayette Street to Section 549, Loading Zones (Allow a 15 minute limit loading zone in the alley in the 500 block of Lafayette Street just West of East 4th Street)", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. 136291 - Cole/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Ayes: Seven. Motion carried. 136292 - Cole/Hart that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (13) Lafayette Street of Section 549, Loading Zone; and enacting in lieu thereof a new Subsection (13) Lafayette Street to Section 549, Loading Zones (Allow a 15 minute limit loading zone in the alley in the 500 block of Lafayette Street just West of East 4th Street)", be considered and passed for the second and third times and adopted. Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5042. OTHER COUNCIL BUSINESS 136293 - Getty/Hart to instruct Airport Director to prepare plans, specifications, form of contract, etc. in conjunction with Rehabilitation of Apron Phase 3A at Waterloo Regional Airport, be received, placed on file and approved. Ayes: Seven. Motion carried. 136294 - Getty/Hart that plans, specifications, form of contract, etc. in conjunction with Rehabilitation of Apron Phase 3A at Waterloo Regional Airport, be received and placed on file. Ayes: Seven. Motion carried. 136295 - Getty/Hart that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Rehabilitation of Apron Phase 3A at Waterloo Regional Airport", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-286. 'enuanv )(zed pue '„S ', uo sfTeMapTs ag; pue xzed u1OouTZ ueaTo TTTM ;oacozd agy m d 0£:£ 'iTOZ '6i TTzdI 'Aepszngy uo „deems 4eaz0 aqy„ ;oacozd AeQ aoTnzes q4n0A Teg0T9 eq; pua;;e 0; TTOuTIO3 Ps ;rnuT ';Ta3 aT)(oeP pue 'AaTTen zepa0 ag; zo3 .a.;ua0 zaapunTon zo; zopoatTQ mezbozd g4n0A 'Teas auag SNOIJVJNSSS2id 'IK2I0 'T6Z-TTOZ 'oN paubTsse t0AeN Aq Tenozdde uodn pue pe dope u0T4nlosag •uanas :saAy •pa;dope eq ',208 'oN 40ez;uo0 'II asegd-uoTsua4x3 pzeneTn°g 4T0dpTW TTOZ .A63 q;TM uoT;ouncuoo uT 'O;a ';oez;uoo ;o mzo; 'SUOTpeoT;Toads 'sueTd ;o eDT;ou gsTTqnd o; xzaTO A4T0 buTponzpsuT pue TTOZ 'Z AeN Se bUT.zeaq 3o e ep buT;;es uoTpnTosag„ ;eq; ;4Tmg0S/zadTaM - b0£9£T '06Z-TTOZ 'oN paubTsse zoAew Aq Tenozdde uodn pue pa;dope uoT;nTose •uanas :seAj 'pa;dope eq '„208 'oN ;0pz;uo0 'II asegd-uoTsua;xg pIPAeTnog pzodPIN -HOZ 'A'3 14TM uoTpounCuoo uT 'ope 'poezpuoo ;o mzo; 'SuoT;e3T;Toads 'sueTd buTnozdde ATTzeuTuJTTazd uoTpnToseg„ peg; 44TwU0 S/zadTaM - £0£9£T 'paTzzeo uoT;oW •uanag :se j 'aTT3 uo paoeTd pue panTaoaz eq 'Z08 •oN 4aez;uo0 'II asegd-uoTsua;xS pzenaTnoe ;zodpTW TTOZ 'A'3 g;TM uoT;ounCuoo uT •o;e ';oez;uoo 3o WSo3 'Su0T4e0T;TOeds 'sueTd ;eg; ;;Tmgos/zadTaM - ZO£9£T 'paTzzeo uoTpoW •uanas :saAv* •panozdde pue aTT3 uo paoeTd 'panTaoaz eq 'ZOg 'ON 43ez4u00 'II asegd-uoTsuapxS pzenainoe 4z0dpTN TTOZ A'3 t. TM uoT;ounCuoo uT 'o;a 'poezpuoo ;O ma; 'suoT;eoTJToeds 'sueTd azedazd o; zaauTbua A;TO ;onz;suT o; ;pTun;os/zadTaM - T0£9£T '68Z-TTOZ 'oN paubTsse zoAeW Aq Tenozdde uodn pue pa;dope uoT;nTosag •uanas :saAJ •pa;dope eq '„T9T-. 1L spuamanozdmi A4a3eg oT33ezy ';aaz;s "6 pseM pe uo;sTTTTM ' azomT;Teg pe uo;STTTTM ';uauidTnbg TeubTs oT33ezy 3o asegoznd gpTM uoT;ounCuoo uT spTq ;o buTxe; pue •o;a ';uemnoop pTq 'suoT4e0T3Toads ;o eoT;ou gsTTqnd o; NauTO A;TO buT;onz;suT pue TTOZ 'SZ TTzdV se buTzeaq ;o a;ep buT;;as uoT;nTosag„ ;eqp zadTaM/44TmgoS - 00£9£T '88Z-TTOZ 'oN paubTsse zoAeN Aq Tenozdde uodn pue pe;dope uoT;nTosag 'uanas :seAV 'pe;dope. eq '„T9T-32iy s;uaivanozdmi A;a;?S OT;;?SJ ';aaz;S "6 4euM pe uo;sTTTTM y azomT;Teg pp uo;sTTTTM ';uamdTnba TeubTs oT33ezy 3o asegoznd g;TM uoT;ounCuoo uT •o;e 'puamnoop pTq 'suoT;eoT;Tpads buTnozdde ATTzeurmTTazd uoT;nTosau„ ;eg; zadTaM/;;TmgoS - 66Z96T 'paTzzeo uoT;oN •uanag :saAV 'aTT; uo paoeTd pue panTaoaz eq 'igi-ggy s;uemanozdml Apa;es 0T33ey ';aaz;S v;6 4eeM ;e uO;STTTTM ea0mT4Tee ;e UopsTTTTM 'puamdTnbg TeubTs 0T33e1y 3o asegoznd gpTM uoTpounCuoo uT •opa ';ueunoop pTq 'suoTpeoT3Toeds ppgp zadTaM/p;Tugos - 86Z9£i 'paTzzeo uoT;oL •uanas :seAy •panozdde pup IT uo paoeTd 'panTaoaz eq 'T9T-3 u spueuanozdmi Apa;eg 0T33ezy ';aaz;g , 6 ;saM pe uo;sTTTTM '9 esomT;Teg ;e u0;sTITTM ';uamdTnba TeubTs oT33ezy ;o asegoznd ggTM uoTpounCuoo uT 'o;a ';uamnoop pTq 'su0T4eOT3Toeds azedazd op suoTpezado 0T33ez1. ;o puapue;uTzadns ponzpsuT op zadTaM/44Twg0S - L6Z9£T 'L8Z-TTOZ 'ON paubTsse zoAeN Aq Tenozdde uodn pup pa;dope uoT;nTosag 'uanag :saAM 'pa;dope eq '„;10 thTfj Teu0Tball ooTza;?M ;e fj£ asegd uoadV ;o uoT;e;TTTgegaE q;TM uo- ouncuoo uT 'o;e ';oezpuoo ;o mzo; 'SuoT;eoT;Toads 'sueTd 3o eoTpou gsTTqnd op xzaTO A;TO buTponz;suT pup TTOZ 'Z 'Kew Se buTzeaq ;o a;ep buT;;as uoT;nTosag„ peg; ;zeH/A;;ag - 96Z9£T 8 abed TTOZ 'TT TTzdV April 11, 2011 Page 9 136305 - Hart/Schmitt that the above oral comments be received and placed on file. Ayes: Seven. Motion carried. 136306 - Hart/Schmitt that the council adjourn to Executive Session at 6:30 p.m. Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5 (1) (j) (2009) . EXECUTIVE SESSION 136307 - Hart/Welper that the council adjourn Executive Session at 6:50 p.m. Ayes: Seven. Motion carried. ADJOURNMENT 136308 - Hart/Welper that the Council adjourn at 6:50 p.m. Ayes: Seven. Motion carried. Suzy Schares City Clerk CITY OF WATERLOO Council Communication City Council Meeting: April 18,2011 Prepared: April 5,2011 Dept. Head Signature: Ci # of Attachments: SUBJECT: Mayor to read " Days of Remembrance" Proclamation Submitted by: Mayor Buck Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: aril OF WATERLOO, iOWA PROCLAMATION WHEREAS, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945. Jews were the primary victims—six million were murdered;Gypsies,the handicapped,and Poles also were targeted for destruction or decimation for racial, ethnic, or national reasons. Millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents, also suffered grievous oppression and death under Nazi tyranny. WHEREAS, the history of the Holocaust offers an opportunity to reflect on the moral responsibilities of individuals,societies,and governments;and WHEREAS, we the people of the City of Waterloo should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution,and tyranny;and WHEREAS, we the people of the City of Waterloo should actively rededicate ourselves to the principles of individual freedom in a just society;and WHEREAS, the Days of Remembrance have been set aside for the people of the City of Waterloo to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples;and WHEREAS, pursuant to an Act of Congress(Public Law 96-388, October 7, 1980), the United States Holocaust Memorial Council designates the Days of Remembrance of the victims of the Holocaust to be Sunday, May 1 through Sunday, May 8, 2011, including the Day of Remembrance known as Yom Hashoah,May I. NOW, THEREFORE, 1, Buck Clark, Mayor of the City of Waterloo, Iowa do hereby proclaim the week of Sunday,May 1 through Sunday May 8,2011 as DAYS OF REMEM$RANCI in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Waterloo, should strive to promote human dignity and confront hate whenever and wherever it occurs. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 18th day of April 2011. ATTEST: 01. Suzy Scllares,City Clerk s*- ' ti 0, Buck Clar ,Mayor City of Waterloo,Iowa City of Waterloo,Iowa L7 oya o0 co a o `° ° o p, x 6 0 CD � . 'w 0 O vO g C. O Oaov+ a BCDaOO F C/ a yO b°OO ' (D 'd 9.4 opC mp a O CD .y° C L... a Ca CD ° aw o w m • a N� q m "^° Pt�" x ` C)' x P � O � a a� � ° °v 0 a ° oQ' ra • o a. n5o ° ia 0• E. o00 0 oE � 1�a ap ID g44 . D� �' Ax 0 ,--, ..t " '0"(,,r, :D. P o. 1 0 cro En ' CN O < oCo r Q. — D ° o a p . " O7 . N N ° a • Litt a a oo ` o b E . . .00 H� o 1.4 �� " �a • �a nCDO° ° o o< ° .,, Cmo ° w O w 5. Da o ° o a c " o o ao oy CD v, �: rn a ° a ° ,v< ,. E nc < t go o m o a o• g. 00 o w w o `� m o 0 0 ny ° a a O w Tr o , ,`< e a _� a m a ° < v< PJ aa CD CD "' y G w M 5 .r.,. ° rn y ° " o w a " y w ° CD ° ° �°, ] F ° ° `G c ° a o r y " co on x Q 0 Kw o- Q• 4d -- o a m 0 A) 0 °. cnaa�o . o a Napa oti °:� R "N < ° ° C r-• ., O N N a• . 7 co, a• 0 CD Cc) CITY OF WATERLOO, IOWA PROCLAMATION HEREAS, trees provide a pleasing environment in Waterloo for the benefit of our residents and visitors; and WHEREAS, trees contribute greatly to Waterloo's positive image; and Ylr$ER5, the optimum reforestation of Waterloo will require public participation and cooperation, resulting in an attractive WHEREAS, •' community; and HE S, the Iowa Legislature has designated the last Friday in April as "Arbor Day"throughout Iowa. NOW, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of April 24th—April 30,2011 as ARBOR WEEK in Waterloo, Iowa, and do encourage all citizens of Waterloo to celebrate this occasion and the beauty of our City by planting a tree. WITNESSIN WHEREOF I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 18th day of April 2011. ATTEST: e 00.00******11,111 a 41. Suzy Schares tsU Buck Clark CityClerk �'` �` �'�a�""�<}�� Mayor O O • CITY OF WATERLOO Council Communication City Council Meeting: April 18, 2011 Prepared: Daniel J. Trelka,Xrector of Safety Services Dept. Head SignatFre;. # of Attachments: 1 SUBJECT: Memorial Day Parade and Program Submitted by: Daniel J. Tr Recommended City Council Action:Approval of event and street closings for parade Summary Statement: Dale Hixson, Waterloo Memorial Day Board Member, is requesting permission to conduct this year's Memorial Day Parade and Services on May 3o, 2011. (contact#233-2236) The parade will begin at lo:3o a.m. Staging will be on location at the Wells Fargo parking lot between 9:3o a.m. - 10:oo a.m. A copy of his request letter is attached. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Cc: Captain Joe Leibold, Police Department Chief Pat Treloar, Fire Rescue Sandie Greco,Traffic Operations Steve Decker, Street Department Paul Huting, Leisure Services RECEIVED APROI 2011 THE MEMORIAL DAY BOARD MEMORIAL DAY PARADE AND PROGRAM Mayor Clark and City Council 715Mulberry St Waterloo, IA. 50703 Dear Mayor Clark: We are asking permission to have the parade. We are cordially inviting you to attend and speak for a few minutes during the program. We are also asking you to invite the City Council to also attend. We would also like to know how many of the Council will attend so we can provide transportation. We are also asking you to lift the noise ordnance for the cannon and rifle salute during and after the waterfront services. The Memorial Day parade will be held on May 30, 2011. The parade will start at 10:30am on the corner of Commercial St and 5th St. We are asking everyone to be on location at the Wells Fargo parking lot on the corner of 6th and Commercial between 9:30am and 10:00am so the parade can be formed. See starter at lots entrance. We will contact you with a possible line up number. The program is immediately after the parade at the Memorial Hall, which is located between 4th St. and 5th St. on the West bank of the Cedar river. If there are any questions —please - contact Dale Hixson at 233 2236. Thank you. 5 "� / RESOLUTION NO. 2011-293 RESOLUTION GRANTING PERMISSION TO WATERLOO MEMORIAL DAY BOARD TO HOLD ANNUAL MEMORIAL DAY PARADE AND SERVICES ON MAY 30, 2011 . WHEREAS, the Waterloo Memorial Day Board has made written application to the City Council asking that they be authorized and permitted to hold the annual Memorial Day Parade and Services on May 30, 2011, and WHEREAS, said parade will begin at 10 : 30 a.m. , with the route starting at 5th and Commercial Streets, west along Commercial Street, right on Park Avenue, right on Mulberry Street, right on 5th Street and end at Veterans Memorial Hall. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of the Waterloo Memorial Day Board to hold the annual Memorial Day Parade on May 30, 2011 beginning at 10 : 30 a.m. , with the route starting at 5th and Commercial Streets, west along Commercial Street, right on Park Avenue, right on Mulberry Street, right on 5th Street and end at Veterans Memorial Hall, be and the same is hereby approved. PASSED AND ADOPTED this 18th day of April, 2011 . ee"'et-d 7/a-e--1 Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk A - -/S)—// Application Exception to Burning Yard Waste City of Waterloo, Iowa The undersigned hereby requests that the City of Waterloo, Iowa, consider the following application to allow the burning of yard waste in accordance with Section 4-3-8 of the Waterloo Code of Ordinances. 1. Name of Applicant: dp.e/7 /`3. c��' 2. Address and Phone No. of ApplicantL i'7r7 /5 elClf-k or i'c - c- ,Tr f1,flatI (�,v ' llll .2/9- -2g � " t� U j cr-4- d", 5-6 -2 03 3. General Description of area to be burned (including size): �h e P ne ceiYLO����"� [n ' a CY. if/IC?'.55-/a Gf Q G�% GLC6 �2�`...Dpre2, /%e. .71-D/ Lv' 4. Dates and times oT burning: / //o ✓ /4- 5. Description of Vegetation: is e> 's i✓7v^czse'le-eg-/-"cz.sses- -I (r(,..ra„s�,1-� / �vn�_�c6- G a ) s,n "" G I ' � 2 6�j 24• / `lc ) .z.'aA ey?l-)raps f 6. Description of management techniques: &-�z'7 ei X c2 f/.7 6 / here6ttei e era/9ee/2h Cir) ',a/ )) mo i f, hi-ash -,na// des s6��u1bs 7. Describe containment procedures: ��41.)-- zf'tr-�1�v�e5 f L igycc,2Zer rnv�v- jr °�� . fJ�'L , -cam.--ri7T.si- .- i-t t6 c cz e b e2 s e.--s �ind vJ cc/227ga( jvr-N-A, Cc�u2 � s et /iab, f t- s'ffas,cIe r rr , Signature of Applicant Tv>14 J a c-L ' v art > / - )/ L'7 / S e / S4) 09 v CIO f_sz ✓'fie ojitP The Waterloo City Council will act on this applicant and you will be notified of their decision. Prior to burning, please notify the Waterloo Fire Department: 1. To determine if proper weather conditions exist, and 2. To determine need for stand-by vehicles. FOR CITY USE ONLY: This application has been reviewed and approved by: Approval Date Fire Chief Fee Paid $ D, a° Receipt No. apt(CV Irk 2011 Supplemental information for Application Exception to Burning Yard Waste, Dennis Clark/Mary Eldridge 2204 Ashland Ave., Waterloo, IA Question #4 Supplemental information We would like to request a time in the spring and a time in the fall to conduct burns. A friend of ours, Bill Watson, is a professional botanist with extensive experience in prairie plants. Bill advised us that an early spring burn would be good for some of the areas, a late spring burn for other areas and a fall burn for other areas. The habitat is not the same in all these areas, nor is the vegetation. We have sand prairie, a wetland prairie and a grassy margin that we are gradually converting into prairie (burning being one of the ways to promote the prairie species and control the invasives.) The invasive species we are trying to control in each area varies as does the native species we are trying to promote. We have some rare plants in these burn areas such as Silky Prairie Clover (listed as Endangered in Iowa and known only from Black Hawk Co.), Bent Milkvetch (listed as Special Concern in Iowa) and Ladies Tresses Orchid (another rare native prairie species). We want to use burning of smaller, select areas to stop the encroachment of Reed Canary Grass and Brome Grass into the prairie areas where these species could overrun the native prairie plants (this is best done in Spring.) Burning would also remove the duff layer and manage woody species such as Juniper and Siberian elms. (This is best done in fall because it is usually drier which allows the woody species to burn more effectively.) RESOLUTION NO. 2011-294 RESOLUTION APPROVING APPLICATION FOR EXCEPTION TO BURNING YARD WASTE FROM DENNIS CLARK AND MARY ELDRIDGE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Application for Exception to Burning Yard Waste from Dennis Clark and Mary Eldridge to burn approximately 4 acres of prairie grass located north and south of the pond located at 2204 Ashland Avenue, during the period of March 30 - June 15, 2011 and September 1 - November 15, 2011, be and the same is hereby approved. PASSED AND ADOPTED this 18th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sc res, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: April 18, 2011 Prepared: April 12, 2011 ' Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: REQUEST BY DIRK MYHR FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 4132 NORTH AVENUE 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 DIRK MYHR for construction of a concrete driveway and placing a driveway or sidewalk on City right of way on an unimproved street, to be located at 4132 NORTH AVENUE. 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: PROSPECT ACRES W 100 FT N 189 FT LOT 4 BLK 1 / WAIVER 7 Date: " " 7- j/ 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 Cep,,c_2 7` driveway or sidewalk located at (concrete or asphalt) 413 2 N o rri X1 ua= LAI/47 p .t e 1 A (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. 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, (1 LT�K I� l �Na2 Printed Name of Property Owner Signature of Prope caner 4 RESOLUTION NO. 2011-295 RESOLUTION GRANTING PERMISSION TO DIRK MYHR FOR A WAIVER FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 4132 NORTH AVENUE, AND AUTHORIZING CONSTRUCTION OF A CONCRETE DRIVEWAY AND PLACING A DRIVEWAY OR SIDEWALK ON CITY 'RIGHT- OF-WAY ON AN UNIMPROVED STREET. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: WHEREAS, the City Engineer has made written application to the City Council asking that Dirk Myhr be authorized and permitted to construct a concrete driveway and place a driveway or sidewalk on city right-of-way on an unimproved street to be located at 4132 North Avenue, and legally described as follows : Prospect Acres West 100 feet North 189 feet Lot 4 Block 1, all in the City of Waterloo, Black Hawk County, Iowa; and WHEREAS, it is the sense of the Council of the City of Waterloo, Iowa, that said request should be granted. NOW, THEREFORE, BE IT FURTHER RESOLVED that permission is hereby granted to Dirk Myhr to construct a concrete driveway and place a driveway or sidewalk on city right-of-way on an unimproved street to be located at 4132 North Avenue, subject to the following conditions: 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. BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to forward a certified copy of this resolution to the Black Hawk County Recorder for recording and the Black Hawk County Auditor for filing in order that this said action may become a matter of official County Record. PASSED AND ADOPTED this 18th day of April, 2011 . Ernest G. lark, Mayor ATTEST: Suzy Squares, CMC City Clerk Resolution No. 2011-295 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2011-295, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 18th day of April, 2011 . Witness my hand and seal of office this 18th day of April, 2011 . SEAIyh . Suzy Shares, CMC City Clerk • FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY, r BUDGETED 44(1)00,OQ CITY OF WATERLOO EXPENDED YTD /C y-r/9 S/ THIS REQUEST 5 b.po LEFT AFTER THIS '/� REQUEST �(]q��I,`�/ DATE ? 7 j 4-(y // Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Officer Brad Walter& Officer Dave Bovy April 4th, 2011 NAME OF CLASS / MEETING: DESTINATION: Davenport. Police Department Police Motorcycle Training Davenport, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: April 26th, 2011 April 28th, 2011 April 27th to 28th, 2011 PURPOSE OF TRAVEL: Captain Leibold is requesting authorization to send Officer Dave Bovy and Brad Walter to a two day motorcycle training session at the Davenport & Moline Police Department's on April 27-28th, 2011. Officer Bovy and Walter are members of the traffic unit and are assigned to ride the Waterloo Police Department's motorcycles during the warmer months. This training will refresh the officers in basic operation techniques as well as advised maneuvers that they will encounter while riding the motorcycles. The cost of registration is free but will require the officers to travel to the Davenport'Moline area. The cost will include fuel, lodging, and meals. The Officer will ride the motorcycles to the training but may have to trailer the motorcycles to the training in the event of bad weather. A city vehicle will then be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-11-1100-1346 $250.00 LODGING TAXI xx GRANT REIMBURSABLE g0 MEALS PARKING YES NO $0.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $150.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ s'y 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 WATERLOOled/ DEPARTMENT HEAD MAYOR L ( 11( 519/(( DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY,:2 r/ BUDGETED 4i000 -- CITY OF WATERLOO EXPENDED YTD MgL/q-Sr THIS REQUEST / .5--() ""4 LEFT AFTER THIS REQUEST /9(O60 `1 DATE )/c.) -:2 d f/ Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Investigator John DeKoster& Chris Morley April 5, 2011 NAME OF CLASS/MEETING: DESTINATION: Greeley, Colorado Police Department Bloodstain Pattern Evidence Analysis Greeley, Colorado DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: May 2nd, 2011 May 6th, 2011 May 3'd to 5th, 2011 PURPOSE OF TRAVEL: Lt McNamee is requesting authorization to send Lab Investigator's Chris Morley and John DeKoster to the Bloodstain Pattern Evidence Analysis course at the Greeley Colorado Police Dept. on May 3rd-5th, 2011. Both Investigator Morley and DeKoster are assigned to the crime lab and have the responsibilities of collecting evidence in some of our most serious crimes. This school will teach the officers how to identify bloodstain patterns and crime scene reconstruction, which is very important in solving these crimes. The cost of registration is $700.00 and would require travel to Greeley, Colorado (fuel), lodging, and meals. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-11-1100-1346 $400.00 LODGING TAXI xx GRANT REIMBURSABLE $450.00 MEALS PARKING YES NO $700.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $400.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 1950.00 TOTAL: $ 0.00 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. .,..,..eig(:-gk g DEPARTMENT HEAD MA OR 4 — L., - Z- 1 � ( [21' (( DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED ', ..gp 6/pv 434/(' TRAVEL REQUEST FY?// BUDGETED /Cfl ' ` ,) CITY OF WATERLOO EXPENDED YTD ,170 d _ THIS REQUEST /crn tIr LEFT AFTER THIS 7l0 35- REQUEST DATE 2 4. `-7 26// Original-Clerk/Finance Copy- Department NAME(S)AND POSITION(S): DATE: Greg Ahlhelm, Plans Examiner 4//7/11 NAME OF CLASS/ MEETING: DESTINATION: Madison, WI Introduction to 2009 International Building Code DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: May 1, 2011 May 3, 2011 May 1-3, 2011 PURPOSE OF TRAVEL/TRAINING: Training WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: x CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-22-5100-1346 256.48 LODGING TAXI GRANT REIMBURSABLE 95.00 MEALS PARKING YES NO 995.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION 75.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 1,421.48 TOTAL: $ 1,421.48 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY WATERLOOTEOO _,..., eld DEPARTMENT HEAD MAYOR DATE DATE i K:\Shared Goodies\Forms\Travel Request Form January 2010 - * CITY OF WATERLOO, IOWA �1•�1ti /�i � �m WASTE MANAGEMENT SERVICES vigori ..._.r.�0 3505 EASTON AVE. WATERLOO,IA 50702 (319)291-4553 FAX(319)291-4523 !oo LARRY N.SMITH SUPERINTENDENT Council Communication Mayor City Council Meeting: BUCK Prepared: / CLARK Dept. Head Signature: # of Attachments: COUNCIL MEMBERS SUBJECT: Waste Services Technician DAVID JONES Ward I Submitted by: Larry N. Smith,WMS Superintendent CAROLYN COLE Recommended City Council Action: Approval to appoint Troy Seemann from the Civil Ward 2 Service list to the position of Waste Services Technician at the Waste Management HAROLD Services Dept. effective April 30th, pending pre-employment physical exam. GETTY Ward 3 QUENTIN HART Summary Statement: Ward 4 RON WELPER wards Expenditure Required: BOB GREENWOOD At-Large Source of Funds: Position is budgeted for in fy11 and fy12 budgets STEVE SCHMITT At-Large Policy Issue: Alternative: Background Information: 1 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES dr �^^^ �O 3505 EASTON AVE. WATERLOO,IA 50702 (319)291-4553 FAX(319)291-4523 Otl oo LARRY N.SMITH SUPERINTENDENT Council Communication Mayor City Council Meeting: 4/18/2011 BUCK Prepared: 4/13/2011 CLARK Dept. Head Signature: - -- -- # of Attachments:__ ___ COUNCIL MEMBERS SUBJECT: Instrumentation Control Technician DAVID JONES Ward I Submitted by: Larry N. Smith, WMS Superintendent CAROLYN COLE Recommended City Council Action: Approval to appoint Kevin Kuenstling from the Ward 2 Civil Service list to the position of Instrumentation Control Technician at Waste HAROLD Management Services Dept. effective May 2nd, pending pre-employment physical exam. GETTY Ward 3 QUENTIN HART Summary Statement: Ward 4 RON WELPER Ward 5 Expenditure Required: BOB GREENWOOD At-Large Source of Funds: Position is budgeted for in fyl1 and fy12 budgets STEVE SCHMITT At-Large Policy Issue: Alternative: Background Information: it WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 41 , CITY OF WATERLOO , IOWA ail CITY ATTORNEY'S OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319)291-4571 arerto0 JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOhEER,Assistant City Attorney Mayor BUCK CLARK COUNCIL April 18, 2011 MEMBERS DAVID JONES Ward I Mayor Buck Clark and CAROLYN City Council COLE City Hall Ward 2 Waterloo, IA 50703 HAROLD GETTY Dear Mayor Clark and Council Members: Ward 3 QUENTIN M. I have examined the bonds filed with the City Clerk/Auditor's Office up to the HART close of business on April 14, 2011. Ward 4 RON Of the 16 bonds submitted, l Cp were approved and WEEPER rejected, as shown on the attached list. Ward 5 BOB • Ve truly yours, GREENWOOD At-Large STEVE SCHMFIHMI T Day' R. Zellhoefer At-Large Assistant City Attorney DRZ:lc CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Afirmative Action Employer • BONDS FOR COUNCIL APPROVAL APRIL 18, 2011 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/12) AMOUNT: $5, 000. 00 BD 7900649534 BENTON SAND & GRAVEL, INC. CEDAR FALLS, IA IA 594558 BLACK HAWK CONTRACTING & DEVELOPMENT WATERLOO, IA DBA ROOFF DEVELOPMENT LLC BD 7900545028 BOWERS MASONRY, INC. WATERLOO, IA IA 559897 CARDINAL CONSTRUCTION INC. WATERLOO, IA SY64516 COMMUNICATION DATA LINK, LLC GRIMES, IA IA 580355 DENNY' S CONCRETE INC DBA IOWA WALL SAWING INDEPENDENCE, IA IA 568783 DENNY' S CONCRETE INC & IOWA WALL SAWING INDEPENDENCE, IA 6060919 DUANE VOLDEN CONCRETE & MASONRY, INC. CEDAR RAPIDS, IA RLI0618722 LARRY A RUST LARRY AND COMPANY RAYMOND, IA 95 CT 0116 5 LEROY HARRINGTON DBA QUICK CONSTRUCTION CO WATERLOO, IA 7900636738 LES SHIMP DBA SHIMP CONSTRUCTION FAIRBANK, IA 24890880 M & W PRO PLUMBING & HEATING INC HUDSON, IA BD 0000430709 MARK RUSSELL DBA RUSSELL CONSTRUCTION WATERLOO, IA 15170061 SKYVIEW, LC WATERLOO, IA 7900303753 SWICK CABLE CONTRACTORS DES MOINES, IA SY8901 WEBB CONCRETE, INC. INDEPENDENCE, IA • • • • T - - It -I 0 n $ < rah,.. D D - 1 <. hi R,.c ItM. I h O .�. " ., I.- ..1,, 0 r .• 3 0 N ..ii�{. 1 in 4,,-h s_ P. Ca) TO 0Z .y Ti -t r-, M 1. Z i-, M i fA tz IL -"<i CP CD <; 0 F C3 < i0 CI CI C 0 'i J,.. ID M in .e .i I w {-- O ( ?. -i 0 • I ii:• y hl n *11 h`1; re ig Z In rr a.• H c. CT CTE F71 ID i t r .� r, .< >e *II i- II '1' Iy 0 -1 H t _-I-. r- 4_ -n O + qy I M in 1 n it �,y C7 b • Ci �i n: I CO n; or + . z 1, 7 y in • UI '--m C. 10 121. - [ II r7 rh r I,�iCD H • 0 1 1 X --I i.i LI {-I II it I-3 O n pr O a la, j II o b -- l�Z r H iy oft CD r4.1 i rt 1I: ( I Ii 1, n i1 �r/y Cl ' i It /^may O ..., i 1-v 'e.: 1 i) 4. M GI C I N (.1 II .-, h70 P D 0 fl>In PJ 0 ,IMr. 7 XIM 6 { 31 C 01 0 0I 1 IU D VI 3 0 tri .7 -4 4, ,7" r It. a r 1) I, r-r r� 0. A Di 71 to v.r in.. M 24 i t) 0 C� P C. I T Ir,., 1_., I pi .A 7d yy .fir co i;., .)0 -t7 it �-1 O CD i .3 `t . 1-1 41 II w ;� CC �. Z CD .1 -Cl M 1, i + O 0,t'll a � 'Z] H l0 UI i0 IU -,'CI II -11 ImlCi' a - •C - m1.7- _i.Z.'{., BIZ li cn 7y a z I �; to o w T. N �` H C. -1 I rti pi 1 m .y e+ •<II 4 M I T• J I C Ts ROyroA ' z r7 v M CD "C O I..I 'r I'I i r U19 -I III 1 Z \ p � xC7 a 1 1, 31 (1,M II C o C . . I -1 a +: l Cii Cn MI i nt C7 "H 0 p p. d �+ , CC z -I -t H-ii 11C) r i D _ S C it C ,-u � yy 4 [ Xi Al 3 . V CA ? P. r ram,, m Ct Z i 4 L' >-. D 0-�} 0, i M t) 1 CCU nt II -I 7 CC * * -0 t x ... Z M' 27 I Ii C. dt i n' to.+I ❑ r-. II It Cl 0 I C 11 -r I t; 3 "+ s, 'I ., m I II 0 1 1 In `0 I (1i 3. .,I II Pit is 001 CC f-i1 3 1 D al (1i 1J1 i e; 1 47,rrl I N PM .4 ....1 [Q 1 M r). 7 •t 0 > D .z1 ❑ CO t0 01 -, 1/.1i i3 :T'.)to - - 0 Q• 0 V v 0 0) 0 ,at r .. ) 11 t7 N ❑ UI A N ❑ . CO s 3 IC -I ' ii t0 ❑ W W N ❑ 0 A ..1 �` -t..Ir. �4-' (11..IC X) it w ' n I< c:• 1Z II 01 ❑ ID N UI ❑ 0 .4 r,.-t r,;,1-I v Ci I-i ii hi N ❑ 0 - N 0 t0 .4 01 5 = (CI,- O _.IC.H II 4 l"I Lr, k? H 6 Z ."%'I'G , li elmr ui i r, I i,i 1' + D '.,I I 0 3- II Z ni MIC0 MM10 II < xAI..••^, H3ti. Ii _n i_t 0 [n C U . r i u C) u -i >k o 4 rri C I II 2. it �Iin..1`, II, -1, i9 t1 1_k'• U?i3 • ,I 1. II J -I -. -Cl 111 _IC: fn C1 Q)jr.'"Ci 4-1 0 r > T,- IC: 1 �.1 <.:PJ Cl - -r 0 -I iZ I t7 -{IA I-4 O H C). O -d 0 rr I H • I . I �. f In C.,, -Cl 0I -0 0 0 i Ic C I 0 4) C: -I 0 1-1 ,-. 0 -I ''. 0 Oat C. ID C. Q r ,i , n H H 3>Cl) A D 11 ..S J 311,r D 2, Ci r' O 1, a r D -1- h.-. -i Ix.+ 1 f ' D M 0 .00- c - .. H - I lI - to i to ID 0 C ., H I H Xi T ul I 0) S Ul Fur IT 1 C -I 'ri7 y I -CO.0 'mot I J .-4 0 J 0 A ., 0 II 2 (1 0-tti W I rJ Q• MCI• n M 0 r a n 1> :71 1 Y U I N to o Ur 0 G 0 .-, I0 II -, N • • M tl tii I in CO .7 0 Cl .Min P.i It Hi c:i c 0 0 4.) I� 13 Oi It 11 -I 3a • 0 • 0 �_ � ��;�, CITY OF WATERLOO , IOWA � �IVrtr ;jti..�� bi COMMUNITY DEVELOPMENT !yam ---•—�`a 620 Mulberry Street,Carnegie Annex • Waterloo, IA 50703 • (319)291 4429 Fax(319)291-4431 MucK CITY OF WATERLOO 1.j, j III(g(i v 11 1 CLARK Council Communication COUNCIL City Council Meeting:April 4, 2011 MEMBERS Prepared: March 28, 2011/�' Dept. Head Signature: /t ft 2� �f - "____ # of Attachments: 1 DAVID JONES SUBJECT: Waterloo/Cedar Falls HOME Consortium Ward I FY2012 One-Year Action Plan - CDBG and HOME Program Funds CAROLYN COLE Submitted by: Rudy D Jones, Community Development Director Ward 2 Recommended City Council Action: We request authorization to set the date for a HAROLD public hearing on Monday, April 18, 2011 to review the proposed funding GETTY recommendations set forth by the Community Development Board for CDBG and HOME Ward I Program funds for the FY2012 Waterloo/Cedar Falls HOME Consortium Consolidated QUENTIN M. Plan application. Attached is a copy of the proposed program recommendations. As of HART this date, we have prepared an estimated allocation. We are hopeful that a final Ward 4 application award will be available to us by the time of the public hearing. RON Summary Statement: A 30-day public comment period was advertised from March 2, WELPER 2011 through March 31, 2011 on the proposed one-year action plan. To date, no Ward 5 comments have been received. Any comments provided by the end of the comment period will be included with our plan submission. BOB GREENWOOD Following the public hearing we request your approval and authorization to submit this At-Large application to the U. S. Department of Housing and Urban Development for review and STEVE approval, before May 15, 2011. SCHMITT At-Lar$e Source of Funds: CDBG and HOME Program Funds Background Information: The Community Development Board approved the attached recommendations on 2/15/11. J:\ANN-N\YEARDATA\Consol Plan\Bl l-FY12\SubmitApp MC Ltr.doc litiCITY WEBSITE: www.cityofwaterlooiowa.com wuu NOUSINni WE'RE WORKING FOR YOU! OPPORTUNITY An Equal Opportunity/Affirmative Action Employer FY2012 CDBG AND HOME PROGRAMS -COMMUNITY DEVELOPMENT BOARD RECOMMENDATIONS CDBG Organization 2-15-11 BOARD Recommendation Activity City of Waterloo I Engineering Department $ 18,500 FY2012 Sidewalk Repair-Zone 1 City of Waterloo I Leisure Services $ 27,500 Sullivan Park Shelter-E.4th&Adams Clearance and Demolition $ 46,000 Demolition of Vacant Dilapidated Structures Consumer Credit Counseling Services of NE Iowa $ 12,000 MoneyMap Financial Literacy Emergency Repairs $ 100,000 Emergency Repair for Single Family Rehabilitation Eye of the Needle (L.O.F.T.) $ 5,000 Provide Clothing, Basic Needs and Transportation General Program Administration (20% of allocation) $ 276,000 CDBG Administration House of Hope $ 20,000 222 Walnut, Replace Fire Escape,Wood &Cement Stairs Neighborhood Services $ 75,000 City Liaison with Neighborhoods Northeast Iowa Center for Independent Living $ 10,000 Operation Accessibility-Wheelchair Ramps Food Bank Capital Campaign -"Setting the Table of Northeast Iowa Food Bank $ 50,000 Hope" -Year 3 Operation Threshold $ 14,000 Weatherization-Plus Program Pathways Behavioral Services, Inc. Junkman/Knoebel Center $ 7,310 Flooring for Pathways' Junkman/Knoebel Center Rehabilitation Administration $ 213,690 Rehabilitation Project Delivery Costs Single Family Rehabilitation $ 500,000 Single Family Owner-Occupied Rehabilitation Green Iowa AmeriCorps Home Weatherization- University of Northern Iowa $ 5,000 Materials Only TOTAL CDBG REQUESTS $ 1,380,000 HOME Organization e BOARD Activity g Recommendation City of Cedar Falls $ 75,000 Annual Allocation - HOME Consortium Down Payment Assistance-First Time Home Buyers City of Waterloo, Down Payment Assistance $ 59,500 in the CURA Area Iowa Heartland Habitat for Humanity Affordable Homes -New Construction- (CHDO Request) $ 91,500 Irving School Site Operation Threshold $ 35,000 Tenant Based Rental Assistance Program Single Family Rehabilitation $ 258,000 Single Family Owner-Occupied Rehabilitation Sommerfelt Family Housing, LLC $ 30,000 Rental Enhancement Neighborhoods&Tenants (RENT) Administration (10% of allocation) $ 61,000 HOME Administration TOTAL HOME REQUESTS $ 610,000 STATE OF IOWA, } Black Hawk County, SS I do solemnly swear that the annexed copy of legal City of Waterloo Notice of Public Hearing Block Grant and Program Funds Notice was published in the Courier, a daily publication printed in Waterloo, Black Hawk County, NOTICE OF PUBLIC HEARING Iowa 1 time commencingon the 11th dayof April, TO WHOM IT MAY CONCERN: P Notice is harsh 2011 in the name of said newspaper, and that the y given that on the 18th day of April,2011,at 5:30 p.m.,in the annexed legal rate of advertisedthe is regular rate of 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 said newspaper, and that the following is a correct bill Waterloo,Iowa,on the proposed funding recommendations set forth by the Com- for publishing said notice. munity Development Board for the Wa- terloo/Cedar Falls HOME Consortium FY2012 One-Year Action Plan for Com- munity Development Block Grant and Printer's Bill $10.42 HOME Program funds. Anyone who is interested may appear at said time and place and be heard or may file written abjection with the City Clerk,City Hall,Waterloo,Iowa,before the date set for said hearing. Signed By order of the Council of the City of Wa- Si ned terloo this 4th day of April,2011. Suzy Schares City Clerk ^� Subscribed an sworn to before me this ) d� Day of A,D.,.20 i a DO Notary Public Received of the sum of Dollars. In full for publication of the above notice. RESOLUTION NO. 2011-296 RESOLUTION APPROVING WATERLOO/CEDAR FALLS HOME CONSORTIUM FY2012 ONE-YEAR ACTION PLAN FOR COMMUNITY DEVELOPMENT BLOCK GRANT AND HOME PROGRAM FUNDS AND AUTHORIZING SUBMISSION OF SAME TO U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Waterloo/Cedar Falls Home Consortium FY2012 One-Year Action Plan for Community Development Block. Grant and HOME Program Funds, be and the same is hereby approved, and the Mayor authorized to submit same to the U. S . Department of Housing and Urban Development in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 18th day of April, 2011 . £ r7 L/ Ernest G. Clark, Mayor ATTEST: i 1 Suzy Scha es, CMC City Clerk 1 'jl,� CITY OF WATERLOO , IOWA - COMMUNITY PLANNING AND DEVELOPMENT ��1� 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 �rl00 NOEL.C. ANDERSON,Community Plmtnutg&Development I Mrter CITY OF WATERLOO t1flor BUCK Council Communication CL.ARK City Council Meeting:A ril 2 Prepared: March 30. 2011 COUNCIL Dept. Head Signature�� MEMBERS # of Attachments: DAVID SUBJECT:Request by Fidelity Towers for approval of a lease agreement to allow for the construction of JONES a 120' stealth monopole tower and equipment at Morris Park located at the corner of Ridgeway Avenue Ward 1 and 11`"Street. CAROLYN COLE Submitted by:Noel Anderson. Community Planning&Development Director Ward 2 Recommended City Council Action:That the City Council set a date of public hearing on the lease HAROLD C;E"I"ry. agreement with Fidelity Towers and publish an official notice pertinent to the requested lease. Word Summary Statement: The term of the lease agreement is for five (5) years with five (5) extension terms QUENTIN for five (5) successive five (5) year periods. Monthly payment for the first term is $800 per month for a HART total of$9,600 a year.The Rent will increase by Fifteen Percent(15%)with each Renewal Term. Word a RON The proposed tower is a 120' Stealth Monopole structure with internal antenna's and room for co- WELPER locators.The applicant would be leasing a 2,500 SF area for the tower and equipment,which will be tt""rd 5 enclosed by a 6' tall chain link fence.The applicant has noted that they are proposing the tower in order BOB to provide better coverage in that area, and have provided coverage maps showing the coverage GREENWOOD difference in the area with and without the proposed tower. Large The Planning and Zoning Commission on March 1, 2011,voted to approve the construction of the STEVE 120' Monopole Stealth Cell Tower.At March 22, 2011 the Board of Adjustment meeting a special SCHMl'1"1' r l r,;k- permit was granted to the applicant to allow for the construction of the cell tower. Expenditure Required:N/A Source of Funds:N/A Policy Issue:Leasing of City owned property Alternative:Deny lease leave park as is Background Information:The Leisure Services Commission recommended approval of the proposed lease at their March 2011 meeting as the tower is located in a location on the park site not generally used by public. Cc Aric Schroeder,City Planner CITY Y WEBSITE: www.ci.waterloo.ta.us WE'RE WORKING FOR YOU! l{`�� WAi'.R D01 An EgualO \ pDtt�tunity/AHirrnafive Action Employer r. OPTION AND LAND LEASE AGREEMENT This Option and Land Lease Agreement("Agreement")entered into as of the date set forth on the signature page hereof,by and between City of Waterloo,Iowa, acting by and through the Leisure Services Commission, formerly known as the Board of Park Commissioners, whose address is City of Waterloo, Iowa City Hall, 715 Mulberry Street, Waterloo, Iowa 50703 ("Owner")and Fidelity Towers Inc.,a Nevada corporation,whose address is 7539 East Stroh Road,Parker, CO 80134("Tenant"),provides for the granting and leasing of certain property interests on the following terms: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. PROPERTY. Subject to the terms and conditions as provided herein, the property interests hereby leased and granted by Owner("Premises")shall include the following: 1. Real property comprised of approximately Twenty-five hundred(2500)square feet of land 2. Non—exclusive easement required to run utility lines and cables 3. Non—exclusive easement across Owner's Property(hereinafter defined)for access IN OR UPON THE Owner's real property("Owner's Property")located near the intersection of East Ridgeway Avenue and W. 11th Street in Waterloo, Black Hawk County, State of Iowa, which Owner's Property is otherwise identified as Parcel # 8913-36-353-002, and more particularly described on Exhibit "A" and the Premises which are more particularly described on Exhibit "B" both exhibits of which are attached hereto and incorporated herein by this reference as if fully set forth. 2. OPTION. In consideration of the sum of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) (the"Option Money"), to be paid by Tenant to Owner within thirty (30) days of Tenant's execution of this Agreement, and subject to delivery of the Option Money, Owner hereby grants to Tenant the exclusive right and option (the "Option")to lease the Premises in accordance with the terms and conditions set forth herein. Tenant's obligation to pay the Option Money is contingent upon Tenant's receipt of a W-9 form setting forth the tax identification number or social security number of Owner,person or entity,to whom the Option Money is to be made payable as directed in writing by Owner. OPTION PERIOD. The Option may be exercised at any time within Twelve (12)months of the execution of this Agreement by all parties (the "Option Period"). At Tenant's election and upon Tenant's written notice to Owner and delivery of an additional payment of FIVE HUNDRED AND NO/100 DOLLARS ($500.00) to Owner prior to expiration of the Option Period, the Option Period may be further extended for an additional Twelve(12)months. The Option Period may be further extended by mutual written agreement of the parties at the same rate as set forth hereinabove. If Tenant fails to exercise the Option within the Option Period as it may be extended as provided herein, the Option shall terminate, and all rights and privileges granted hereunder shall be deemed surrendered. Owner shall retain all money paid for the Option, and no additional money shall be payable from either party to the other. Tenant shall not commence construction of the Communication Facility (as defined herein)before the Commencement Date(as hereafter defined). During the Option Period,Tenant may conduct Tests(as defined in Paragraph 5(f)below) on the Owner's Property. Upon the conclusion of the Tests, the Premises shall be returned to Owner in substantially similar condition as it was prior to the commencement of the Tests. CHANGES IN PROPERTY DURING THE OPTION PERIOD. If during the Option Period or any extension thereof, or during the term of this Agreement if the Option is exercised, Owner decides to sell, subdivide, or change the status of the zoning of the Premises or Owner's Property, Owner shall immediately notify Tenant in writing. Any sale of Owner's Property shall be subject to Tenant's rights under this Agreement. Owner agrees that during the Option Period or any extension thereof,or during the term of this Agreement if the Option is exercised, Owner shall not initiate or consent to any change in the zoning of Owner's Property or consent to any other restriction that would prevent or limit Tenant from using the Premises for the uses intended by Tenant as hereinafter set forth in this Agreement. Site Name: Waterloo, IA 3. TERM. The term of this Agreement shall be five (5) years commencing on the date ("Commencement Date") specified in Tenant's written notice to Owner that Tenant is exercising the Option, and terminating on the fifth annual anniversary of the Commencement Date (the "Term"), unless otherwise terminated as provided in Paragraph 16. In no event will the Commencement Date be any later than the date that Tenant begins construction of the Communications Facility(as such term is defined in Paragraph 5 below). Tenant shall have the right to extend the Term for five (5) successive five (5) year periods (each a "Renewal Term" and collectively the "Renewal Terms") on the same terms and conditions as set forth herein. This Agreement shall automatically be extended for each successive Renewal Term unless Tenant notifies Owner, in writing, of its intention not to renew prior to commencement of the succeeding Renewal Term. 4. RENT. (a)Tenant shall pay to Owner an annual lease fee of NINE THOUSAND SIX HUNDREDAND 00/100 DOLLARS ($9,600.00) ("Rent") in monthly payments of EIGHT HUNDRED AND 00/100 DOLLARS ($800.00) commencing on the Commencement Date and on the fast day of each month thereafter. If the obligation to pay Rent commences or ends on a day other than the first day of the month, then the Rent shall be prorated for that month. The Rent shall increase by Fifteen Percent(15%)with each Renewal Term. The first Rent payment shall be delivered within twenty(20)business days of the Commencement Date. 5. USE. (a) Subject to the terms and conditions of this Agreement and only after the Option to lease the Premises is exercised, Tenant may use the Premises for the purpose of constructing, installing, removing, replacing, maintaining and operating a communications facility subject to such modifications and alterations as required by Tenant (collectively, the "Communications Facility"), provided that Tenant shall not be required to occupy the Premises. The Communications Facility may include,without limitation,a tower,antenna arrays,dishes, cables, wires, temporary cell sites, equipment shelters and buildings, electronics equipment, generators, and other accessories. Owner shall provide Tenant with twenty four(24)hour,seven(7)day a week,year-round access to the Premises. Tenant shall construct a fence around the Premises subject to the zoning and building permit requirements of the governing municipality. Tenant agrees to comply with all applicable governmental laws, rules, statutes and regulations, relating to its operation, construction and use of the Communications Facility on the Premises. Tenant shall be responsible for maintaining any access road to the Premises. Tenant shall have the right to park its vehicles on Owner's Property within fifty(50) feet of and immediately adjacent to the Premises when Tenant is constructing, removing, replacing, and/or servicing its Communications Facility, provided that Tenant remedies any damage caused by such vehicles. (b)The Communications Facility and all modifications,repairs and maintenance shall be constructed to industry standards and in a workmanlike manner,in accordance with this Agreement. (c) Tenant shall make proper arrangements for receiving, handling, storage and installation of its equipment and other personal property. Owner shall not be liable for any loss, damage or injury to properties of any kind that are shipped or otherwise delivered to or stored in or on the Premises or Owner's Property,except to the extent caused by the gross negligence or willful misconduct of Owner, its employees, agents, or contractors. Owner shall assume no responsibility for losses suffered by Tenant, its agents, employees or invitees, which are occasioned by theft except to the extent such loss, damage or injury is caused by the gross negligence or willful misconduct of Owner,its employees,agents,or contractors. (e) Owner shall timely pay all real property taxes and assessments against the Owner's Property. Tenant shall pay any increase in real property taxes, directly or via reimbursement to Owner, attributed to the Premises and any of the improvements thereon within thirty (30) days of receipt from Owner of a copy of said tax bill evidencing such an increase. Tenant shall pay all personal property taxes attributed to the Premises and any improvements thereon. (t) During the Option Period, Tenant, its agents and contractors, are hereby granted the right, at Tenant's sole cost and expense, to enter upon the Owner's Property and conduct such studies, as Tenant deems necessary to determine the Premises' suitability for Tenant's intended use. These studies may include surveys, soil tests, environmental evaluations, radio wave propagation measurements, field strength tests and such other analyses and studies, as Tenant deems necessary or desirable (collectively, the "Tests"). Tenant shall not be liable to Owner or any third party on account of any pre-existing defect or condition on or with respect to Owner's Property, whether or not such defect or condition is disclosed by the Tests. Following completion of any testing activities,Tenant shall restore the Premises as nearly as possible to its previous condition. (g) Throughout the term of this Agreement, Owner shall cooperate with Tenant and execute all documents required to permit Tenant's intended use of the Premises in compliance with zoning, land use, utility service, and for building regulations. Notwithstanding any contrary statement in this paragraph or this Site Name: Waterloo, IA Agreement, Tenant acknowledges that Owner is a governmental authority possessing regulatory power with respect to certain project approvals and that in reviewing or taking action upon any request for approval Owner will not extend to Tenant any special consideration that is not generally made available to any other party making a substantially similar request for approval. Subject to the foregoing, Owner shall not take any action that would adversely affect Tenant's obtaining or maintaining any governmental approval. Owner agrees to cooperate promptly and in good faith with any request from Tenant relating to making such filings and taking such actions as are necessary to obtain any desired zoning, land use approvals and/or building permits required for Tenant's intended use of the Premises. 6. SUBLEASING. Tenant has the right to sublease any portion of the Premises during the Term and Renewal Terms of this Agreement, without Owner's consent, subject to the following conditions (i) the term of the sublease may not extend beyond the Term and any Renewal Terms of this Agreement, (ii) all subleases are subject to all the terms, covenants, and conditions of this Agreement, and (iii) all subleases shall require that antennas and equipment placed on the tower do not increase its overall height or diameter . Any sublease not meeting these aforementioned criteria shall require Owner's consent, prior to installation of antennas and equipment. It is contemplated that all subleases shall be of the right to affix antennas and related equipment on the tower,and not of the right to erect any additional tower on the Premises. 7. ASSIGNMENT. (a) Tenant shall have the right to freely assign or transfer its rights under this Agreement, in whole or in part,to its holding company,or any company that acquires substantially all of Tenant's assets,at any time, without Owner's consent. Tenant shall have the right to assign or transfer its rights under this Agreement, in whole or in part,to any person or any business entity at any time,upon prior written consent of Owner,which shall not be unreasonably withheld. After delivery by Tenant of an instrument of assumption by an assignee that assumes all of the obligations of Tenant under this Agreement to Owner, Tenant will be relieved of all liability thereafter accruing after the date of such assignment. (b) Tenant may assign, pledge, mortgage or otherwise encumber its interest in this Agreement to any third party (a "Leasehold Lender") as security for any loan to which Owner hereby consents to without requirement of further evidence of such consent. The Leasehold Lender may secure its interest in such a loan by Tenant's grant of (i) a leasehold mortgage and assignment of rents, leases, contracts, etc. (the "Leasehold Mortgage") encumbering all of Tenant's interest in this Agreement and the Premises; (ii) a security agreement and other security documents (the"Security Agreements")that will encumber and grant a security interest in all of Tenant's now or hereafter existing tangible or intangible personal property located on, derived from, or utilized in connection with the Premises and the Agreement(collectively the"Personal Property"). I. Successors. Any Leasehold Lender under any note or loan secured by a Leasehold Mortgage or deed of trust lien on Tenant's interest (or any successor's interest to Tenant's interest) who succeeds to such interest by foreclosure, deed in lieu of foreclosure, or otherwise, may take title to and shall have all of the rights of Tenant under this Agreement including the right to exercise any renewal option(s) or purchase option(s) set forth in this Agreement,and to assign this Agreement as permitted hereunder. 2. Default Notice. Owner shall deliver to the initial Leasehold Lender and any subsequent Leasehold Lender(s) (for such subsequent Leasehold Lender(s) at the address as Tenant or Leasehold Lender shall affirmatively inform Owner by written notice hereof) a copy of any default notice given by Owner to Tenant under this Agreement. No default notice from Owner to Tenant shall be deemed effective against the Leasehold Lender unless sent to the notice address for Leasehold Lender (if provided to Owner as set forth herein) or as amended from time to time. 3. Notice and Curative Rights. If Tenant defaults on any monetary obligations under this Agreement then Owner shall accept a cure thereof by the Leasehold Lender within thirty(30)days after Leasehold Lender's receipt of written notice of such default. For non-monetary defaults, Owner will not terminate this Agreement for so long as Leasehold Lender is diligently pursuing a cure of the default, provided such period of time shall not exceed sixty (60) days without Owner's prior written consent, and if curing such non-monetary default requires possession of the Premises then Owner agrees to give the Leasehold Lender a reasonable period of time to obtain possession of the Premises and to cure such default. 4. No Amendment. This Agreement may not be amended in any respect which would be reasonably likely to have a material adverse effect on Leasehold Lender's interest therein and this Agreement will not be surrendered, terminated or cancelled either (i) by Tenant without the prior written consent of the Leasehold Lender,or(ii)by Owner without prior written notice to the Leasehold Lender as provided for herein. Site Name: Waterloo,IA 5. New Lease. If this Agreement is terminated for any reason or otherwise rejected in bankruptcy then Owner may enter into a new lease with Leasehold Lender(or its designee)on the same terms as this Agreement as long as Leasehold Lender pays all past due amounts and cures any other non-monetary default under this Agreement within thirty(30)calendar days of notice of such termination. 6. Subordination. Owner may,in its sole discretion,agree that all right,title and interest of the Owner in and to any collateral encumbered by the Leasehold Mortgage or Security Agreements in favor of Leasehold Lender, may be subordinated and made subject, subordinate and inferior to the lien and security interest of the Leasehold Mortgage and Security Agreements, which subordination shall remain in effect for any modifications or extensions of the Leasehold Mortgage and Security Agreements. 7. Leasehold Lender/Third Party Beneficiary. Any Leasehold Lender shall be considered a third party beneficiary of the terms and conditions of this Agreement. 8. Notice. Notices to Leasehold Lender shall be sent to such address as provided to Owner by Tenant from time to time and as may be amended from time to time by written notice to Owner from Tenant. 8. TRANSFER WARRANTY. During the term of this Agreement, Owner covenants and agrees that it will not grant,create,or suffer any claim,lien,encumbrance,easement,restriction,or other charge or exception to title to the Owner's Property and the Premises that adversely affects Tenant's rights under this Agreement. Upon Tenant's prior written consent, Owner may sell, lease, transfer, grant a perpetual easement or otherwise convey all or any part of the Owner's Property to a transferee and such transfer shall be under and subject to this Agreement and all of Tenant's rights hereunder. It is agreed that in no event will Owner allow any sale, lease, transfer, or grant of easement that adversely affects Tenant's rights under this Agreement. 9. UTILITIES. Tenant shall have the right, at its sole expense, to install or improve utilities servicing Owner's Property (including, but not limited to, the installation of emergency power generators, power lines and utility poles). Payment for electric service and for telephone or other communication services to the Communications Facility shall be Tenant's sole responsibility. At no cost or expense to Owner, Owner agrees to cooperate with Tenant in its efforts to obtain, install and connect the Communications Facility to existing utility service at Tenant's expense.Notwithstanding the foregoing, Tenant shall secure its own metered electrical supply. To the greatest extent feasible, power lines and other utilities to serve the Communications Facility will be located underground. 10. OWNERSHIP OF COMMUNICATIONS FACILITY. All portions of the Communication Facility will be and remain Tenant's personal property and,at Tenant's option,may be removed by Tenant at any time during the Term or any Renewal Term. Owner covenants and agrees that no part of the Communication Facility constructed, erected or placed on the Premises by Tenant will become, or be considered as being affixed to or a part of, Owner's Property, it being the specific intention of the Owner that all improvements of every kind and nature constructed, erected or placed by Tenant on the Premises will be and remain the property of the Tenant and may be removed by Tenant at any time during the Term or any Renewal Term. 11. MAINTENANCE. Tenant will use best efforts to maintain the Premises in good condition and state of repair. Except insofar as Tenant is made responsible by this Agreement, Owner will maintain the Owner's Property surrounding the Premises in good condition and state of repair. 12. REMOVAL OF COMMUNICATIONS FACILITY.Upon written request of Owner, to be given within ten (10) days of the expiration or earlier termination of this Agreement, or at Tenant's option, above-ground improvements, including but not limited to all personal property and trade fixtures of Tenant, specifically including the tower, fences, concrete pads and buildings, as well as any foundation down to a depth of four(4) feet below grade level shall be removed by Tenant within sixty (60) days after the expiration or earlier termination of this Agreement, and Tenant, at its sole expense, shall restore Owner's Property as nearly as possible to its condition before construction of Tenant's improvements. If Tenant's personal property and trade fixtures are not removed within sixty (60) days after expiration or termination of this Agreement, said property will be deemed to be abandoned and will become the property of Owner. Following abandonment,Tenant shall be liable for all costs incurred by Owner to dismantle, demolish or remove Tenant's improvements as set forth above. Site Name: Waterloo,IA 13. INSURANCE. Tenant shall maintain commercial general liability insurance insuring Tenant against liability for personal injury, death or damage to personal property arising out of use of the Premises by Tenant or any agent or independent contractor of Tenant, with combined single limits of One Million Dollars ($1,000,000). Certificates or copies of said policies,naming Owner as an additional insured,and providing for thirty(30)days' advance notice to Owner before cancellation, shall be delivered to Owner no later than the Commencement Date. A renewal certificate shall be provided to Owner prior to expiration of any policy. 14. CONDITION OF PROPERTY. Owner represents,to the best of its knowledge that the Owner's Property and all improvements thereto, if any, are in compliance with all building, life/safety, and other laws of any governmental or quasi-governmental authority. The parties agree that Owner shall have no responsibility to prepare the Property in any way for Tenant's use. It is currently contemplated that no trees will need to be removed to allow construction and operation of the Communications Facility, and in no event will any trees be removed without the prior written consent of Owner. 15. TERMINATION BY TENANT. Tenant may terminate this Agreement at any time, in its sole discretion by giving written notice thereof to Owner not less than thirty(30) days prior to the Commencement Date. Further, this Agreement may be terminated by Tenant immediately, at any time, upon giving written notice to Owner, if (a) Tenant cannot obtain all governmental certificates, permits, leases or other approvals (collectively, "Approvals") required and/or any easements required from any third party, or (b) any Approval is canceled, terminated, expired or lapsed, or (c) Owner fails to deliver any required non-disturbance agreement or subordination agreement, or (d) Owner breaches a representation or warranty contained in this Agreement and such breach is not cured within thirty (30) days of written notice from Tenant to Owner, or (e) Owner fails to have proper ownership of the Owner's Property and/or authority to enter into this Agreement, or (f) Tenant determines that the Owner's Property contains substances of the type described in Section 18 of this Agreement and such substances were not the result of Tenant's use of the Property, or (g) Tenant determines that the Premises is not appropriate for its operations for economic,environmental or technological reasons. 16. INDEMNITY. Owner and Tenant hereby agree to indemnify and defend each other against, and to hold harmless each other from, any and all costs (including reasonable attorney's fees and expenses) and claims, actions, damages, obligations, liabilities and liens which arise out of(a) the breach of this Agreement by the indemnifying party; and (b)the use and/or occupancy of the Premises, or the balance of the Owner's Property, by such indemnifying party. This indemnity shall not apply to any claims, actions, damages, obligations, liabilities and liens arising from any negligent acts or omissions or intentional misconduct of the indemnified party and shall survive the termination of this Agreement. These provisions of the Agreement relating to indemnification shall survive any termination or expiration of this Agreement. 17. HAZARDOUS SUBSTANCES. Owner represents that to the best of its knowledge there is no substance, chemical, or waste on the Owner's Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Owner shall hold Tenant harmless from and indemnify Tenant against any damage, loss, expense, response costs, or liability, including consultant fees and attorneys' fees resulting from the presence of hazardous substances on, under or around the Owner's Property or resulting from hazardous substances being generated, stored, disposed of, or transported to, on, under, or around the Owner's Property as long as the hazardous substances were not generated,stored,disposed of,or transported by Tenant or its employees, agents or contractors. Owner and Tenant agree that each will be responsible for their respective compliance with any and all environmental and industrial hygiene laws, including any regulations, guidelines, standards, or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene condition or other matters as may now or at any time hereafter be in effect, that are now or were related to that party's activity conducted in or on the Owner's Property. Owner and Tenant shall hold each other harmless from and indemnify and defend each other against any damage, loss, expense, response costs, or liability, including reasonable consultant fees and attorneys' fees resulting from the indemnifying party's failure to comply with any environmental or industrial hygiene law, including without limitation any regulations, guidelines, standards or policies of any governmental authorities regulating or imposing standards of liability or standards of conduct with regard to any environmental or industrial hygiene conditions or matters as may now or hereafter be in effect. Site Name: Waterloo,IA 18. CASUALTY/CONDEMNATION. (a) If any portion of the Owner's Property or Communication Facility is damaged by any casualty and such damage adversely affects Tenant's use of the property, or if a condemning authority takes any portion of the Owner's Property and such taking adversely affects Tenant's use of the Owner's Property, this Agreement shall terminate as of the date of casualty or the date the title vests in the condemning authority, as the case may be if Tenant gives written notice of the same within thirty(30)days after Tenant receives notice of such casualty or taking. The parties shall be entitled to make claims in any condemnation proceeding for value of their respective interests in the Property (which for Tenant may include, where applicable, the value of the Communications Facility, moving expenses, prepaid Rents, and business dislocation expenses). Sale of all or part of the Owner's Property including the Premises to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by condemnation. (b)Notwithstanding anything in this Agreement to the contrary, in the event of any casualty to or condemnation of the Premises or any portion thereof during such time as any Leasehold Mortgage shall remain unsatisfied,the Leasehold Lender shall be entitled to receive all insurance proceeds and/or condemnation awards applicable to the Premises (up to the amount of the indebtedness secured by the Leasehold Mortgage) otherwise payable to Tenant and apply them in accordance with the Leasehold Mortgage and shall have the right, but not the obligation,to restore the Premises. 19. LIENS. Neither Tenant,nor anyone claiming by,through or under Tenant, shall have the right to place any lien, mortgage or encumbrance upon the Premises during the Term or any Renewal Term of this Agreement, except as provided by Section 7. If any such lien,mortgage or encumbrance,except as provided by Section 7, is placed on the Premises, Tenant shall promptly undertake such action as is necessary to have it released or removed. 20. QUIET ENJOYMENT. Tenant, upon payment of the Rent, shall peaceably and quietly have, hold and enjoy the Premises. If, as of the date of execution of this Agreement or hereafter, there is any mortgage, or other encumbrance affecting Owner's Property, then Owner agrees to use its best efforts to obtain from the holder of such encumbrance a Non-Disturbance and Attornment Agreement that Tenant shall not be disturbed in its possession, use, and enjoyment of the Premises,provided it is not in default of the Agreement. Owner shall not cause or permit any use of Owner's Property that interferes with or impairs the quality of the communication services being rendered by Tenant from the Premises. Owner shall not grant any other person or entity the right to operate a wireless communication facility on Owner's Property without the express written consent of Tenant. Except in cases of emergency threatening life and/or personal property, Owner shall not have access to the Premises unless accompanied by Tenant personnel. 21. DEFAULT. Except as expressly limited herein, Owner and Tenant shall each have such remedies for the default of the other party hereto, as may be provided at law or equity and including the right to terminate this Agreement, following written notice of such default described in reasonable detail with a demand to cure and failure to cure the same within thirty (30) days. For non-monetary defaults, Owner will not terminate this Agreement for so long as Tenant is diligently pursuing a cure of the default provided such period of time shall not exceed sixty(60)days from receipt by Tenant of notice and demand to cure. If,pursuant to the provisions of this Agreement or as a matter of law, Owner shall have the right to terminate this Agreement, then (a) Owner shall take no action to terminate the Agreement without first giving to the Leasehold Lender written notice of such right, a description of the default in reasonable detail, and a reasonable time thereafter not to exceed sixty (60)days from the receipt of such notice, (i)in the case of a default susceptible of being cured by the Leasehold Lender, to cure such default or (ii) in the case of a default not so susceptible of being cured by the Leasehold Lender,to institute,prosecute and complete foreclosure proceedings to otherwise acquire Tenant's interest under this Agreement;provided however,that the Leasehold Lender shall not be obligated to continue such possession or continue such foreclosure proceedings after such default shall have been cured, and (b) absent a Leasehold Lender,Owner may only exercise its right to terminate by providing written notice of termination to Tenant. 24. ESTOPPEL CERTIFICATES. Owner shall from time to time, within fourteen (14) days after receipt of request by Tenant,deliver a written statement addressed to Tenant or any Leasehold Lender certifying: (a) that this Agreement is unmodified and in full force and effect (or if modified that this Agreement as so modified is in full force and effect); Site Name: Waterloo, IA (b) that the agreement attached to the certificate is a true and correct copy of this Agreement, and all amendments hereto; (c) that to the knowledge of Owner, Tenant has not previously assigned or hypothecated its rights or interests under this Agreement, except as described in such statement with as much specificity as Owner is able to provide; (d) the term of this Agreement and the Rent then in effect and any additional charges; (e) the date through which Tenant has paid the Rent; (f) that Tenant is not in default under any provision of this Agreement(or if in default, the nature thereof in detail)and a statement as to any outstanding obligations on the part of Tenant and Owner;and (g) such other matters as are reasonably requested by Tenant. Without in any way limiting Tenant's remedies which may arise out of Owner's failure to timely provide an estoppel certificate as required herein, Owner's failure to deliver such certificate within such time shall be conclusive (i) that this Agreement is in full force and effect, without modification except as may be represented by Tenant;(ii)that there are no uncured defaults in Tenant's or Owner's performance hereunder;and (iii)that no Rent for the then current month,has been paid in advance by Tenant. 25. SEVERABILITY. If any section, subsection,term or provision of this Agreement or the application thereof to any party or circumstance will, to any extent, be invalid or unenforceable, the remainder of the section, subsection,term or provision of the Agreement or the application of same to parties or circumstances other than those to which it was held invalid or unenforceable, will not be affected thereby and each remaining section, subsection, term or provision of this Agreement will be valid or enforceable to the fullest extent permitted by law. 26. INTERPRETATION. Each party to this Agreement and its counsel have reviewed and had the option to revise this Agreement. The normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party will not be employed in the interpretation of this Agreement or of any amendments or exhibits to this Agreement. 27. MISCELLANEOUS (a) Owner represents and warrants that Owner has full authority to enter into and sign this Agreement and has good and indefeasible fee simple title to the Owner's Property. The person executing on behalf of Owner represents individually that such person has the authority to execute this Agreement on behalf of Owner. (b) Tenant warrants and represents that it is duly authorized to do business in the state in which the Premises is located and that the undersigned is fully authorized by Tenant to enter into this Agreement on behalf of Tenant. (c) This Agreement supersedes all prior discussions and negotiations and contains all agreements and understandings between the Owner and Tenant. A writing signed by both parties may only amend this Agreement. (d) The waiver by any party of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach of that provision by the same party, or of any other provision or condition of the Agreement. (e) The headings of sections and subsections are for convenient reference only and will not be deemed to limit,construe,affect,modify or alter the meaning of the sections or subsections. (0 Time is of the essence of Owner's and Tenant's obligations under this Agreement. Site Name: Waterloo, IA (g) The parties may sign this Agreement in counterparts hereto. (h) The terms and conditions of this Agreement shall extend to and bind the heirs, personal representatives,successors and assigns of Owner and Tenant. (i) The prevailing party in any action or proceeding in court to enforce the terms of this Agreement shall be entitled to receive its reasonable attorneys' fees and other reasonable enforcement costs and expenses from the non-prevailing party. (j) Owner shall execute and acknowledge and deliver to Tenant for recording a Memorandum of this Agreement("Memorandum")upon Tenant's reasonable request to properly memorialize and give notice of this Agreement in the public records. Tenant will record such Memorandum at Tenant's sole cost and expense. (k) Rent payments and notices,requests, and other communication shall be in writing and sent by United States Mail, postage prepaid, certified or registered with return receipt requested or by any nationally recognized overnight courier service to the address set forth beneath the signature of each party below. Any such notice shall be deemed given when deposited in the United States Mail or delivered to such courier service. Notices shall be sent to: For Tenant: Fidelity Towers Inc. 7539 E. Stroh Road Parker,CO 80134 For Owner: City of Waterloo Attn: Leisure Services Director 715 Mulberry Street Waterloo,IA 50703 The above addresses may be changed at any time by giving prior written notice as above provided. (I) This Agreement shall be construed in accordance with the laws of the state in which the Owner's Property is located. (m) Each party agrees to furnish to the other, within fourteen(14)days after request, such truthful estoppel information as the other may reasonably request. (n) Owner and Tenant each represent that a real estate broker or other agent in this transaction has not represented them. Each party shall indemnify and hold harmless the other from any claims for commission, fee or other payment by such broker or any other agent claiming to have represented a party herein. (o) Except as otherwise provided herein, Owner agrees to pay when due all taxes, charges, judgments, liens, claims, assessments, and/or other charges outstanding which are levied upon Owner or the Owner's Property and which are or in the future could become liens upon the Owner's Property, in whole or in any part (individually or collectively, "Liens"). Upon failure of the Owner to pay the Liens when due as provided above,Tenant at its option and upon thirty(30)days prior written notice to Owner,may pay said Liens. Tenant shall have the right to setoff and offset any sum so paid by Tenant and any and all costs, expenses and fees(including reasonable attorney's fees) incurred in effecting said payment, against Rents or against any other charges payable by Tenant to Owner under the terms of this Agreement. In the event that Tenant elects not to set off or offset the amounts paid by Tenant against Rents or in the event that the amounts paid by Tenant exceed the Rents payable to Owner for the then term of the Agreement, Owner shall reimburse Tenant for all amounts paid by Tenant (or not offset) immediately upon demand. Any forbearance by Tenant in exercising any right or remedy provided in this paragraph or otherwise afforded by law shall not be deemed a waiver of or preclude the later exercise of said right or remedy. Site Name: Waterloo, IA (p) Owner's recourse against any Leasehold Lender shall be expressly limited to such Leasehold Lender's interest in this Agreement. (The remainder of this page is intentionally left blank.) Site Name: Waterloo, IA IN WITNESS WHEREOF,the parties hereto bind themselves to this Option and Land Lease Agreement effective as of the day of , 2011. OWNER: City of Waterloo, Iowa Leisure Services Commission By: By: Title: Mayor_ Title: Chairperson Date: Date: Notary Public: Acknowledged before me on ,2011,by Ernest G.Clark,as Mayor of the City of Waterloo,Iowa. Notary Public, State of Iowa Acknowledged before me on ,2011, By as Chairperson of the Leisure Services Commission. Notary Public, State of Iowa TENANT: Fidelity Towers Inc. a Nevada corporation By: Name: Title: Date: Notary Public: Site Name: Waterloo,IA I, ,do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument. Witness my hand and seal this day of 2011. Site Name: Waterloo,IA EXHIBIT"A"TO OPTION AND LAND LEASE AGREEMENT OWNER'S PROPERTY THE EAST 660 FEET OF THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, EXCEPT THOSE PARTS CONVEYED TO THE CITY OF WATERLOO,IOWA,IN 114 LD 503 AND 116 LD 457. Owner and Tenant agree that the precise legal description for the Owner's Property will be corrected, if necessary, and that Tenant may place the correct legal description on this Exhibit "A". Site Name: Waterloo, IA EXHIBIT"B"TO OPTION AND LAND LEASE AGREEMENT PREMISES a) Real property comprised of approximately two thousand five hundred(2500)square feet of land b) Non—exclusive easement required to run utility lines and cables c) Non—exclusive easement across Owner's Property(hereinafter defined)for access SITE SKETCH: See attached Exhibit B-1. APPROVED Owner: (Initial) APPROVED Tenant: (Initial) • Notes: 1. This Exhibit may be replaced by a land survey of the Premises at Tenant's sole cost and expense, together with non-exclusive easements for utility lines and cables to service the Premises, and a non-exclusive easement for ingress and egress across Owner's Property to the Premises. 2. Setback of the Premises from the Owner's Property lines shall be the distance required by the applicable governmental authorities. 3. Width of access road, if any, shall be the width required by the applicable governmental authorities, including police and fire departments. Site Name: Waterloo,IA March 1, 2011 REQUEST: The applicant requests approval of a major significance cell tower to allow for the construction of a 120' monopole tower and equipment at Morris Park located at the corner of Ridgeway Avenue and 11th Street. APPLICANT(S): Fidelity Towers 7803 Glenroy Road, Suite 102 Bloomington, MN 55439 GENERAL The applicant requests that the City approve the request to DESCRIPTION: allow for the construction of a new 120' monopole cell tower and equipment on city owned property (Morris Park). IMPACT ON Properties to the southeast and west are zoned Residential, NEIGHBORHOOD & and have residential uses on them. Property owned by the SURROUNDING Waterloo Schools to the north is also zoned residential but is LAND USES: being used for Kittrell School. The request would not appear to have a negative impact on the neighborhood, as the tower would be located over 240' from the nearest house, which equals double the height of the tower (120'). VEHICULAR & The site is served by both 11th Street which is classified as a PEDESTRIAN Collector Street and Ridgeway Avenue, which is classified as TRAFFIC a Minor Arterial. The proposed location of the cell tower would CONDITIONS: not appear to cause a negative impact on traffic conditions in the area, as the tower will be located over 200' from both 11th Street and Ridgeway Avenue. There is a sidewalk located along both 11th Street and Ridgeway Avenue. RELATIONSHIP TO There are no recreational trails proposed near this site. RECREATIONAL TRAIL PLAN: ZONING HISTORY The site is located at the corner of 11th Street and Ridgeway FOR SITE AND Avenue. The area was zoned "R-2" One & Two Family IMMEDIATE VICINITY: Residence District upon adoption of the Zoning Ordinance No. 2479 in 1969. DEVELOPMENT This area is an existing developed area, comprising of HISTORY: residential homes and a school. BUFFERS A 6' tall chain link fence would surround the leased area REQUIRED/ NEEDED: where the base of the tower and equipment would be located. Also, there will be shrubs planted by the applicant around the equipment building to help screen the equipment area. DRAINAGE: The request would need to meet any applicable codes and ordinance requirements for drainage. No other drainage problems or concerns are known for this site/area. FLOODPLAIN: The property is located within the Zone C, Minimal Flooding, as determined by the FEMA Flood Insurance Rate Map Morris Park New Cell Tower Page 1 of 3 March 1, 2011 (Community # 190025 Panel # 0004, Effective July 3,1985). PUBLIC /OPEN The proposed location is a public park and has a school SPACES/ SCHOOLS: (Kittrel) immediately to the north. UTILITIES: WATER, There are existing utilities to serve the site. No changes are SANITARY SEWER, being proposed. STORM SEWER,ETC. RELATIONSHIP TO The Comprehensive Plan and Future Land Use Map COMPREHENSIVE designates this area as Residential. A development such as LAND USE PLAN: this is allowable in the "R-2" District upon the approval of a special permit for the major significance cell tower by the Board of Adjustment, after a recommendation of the Planning & Zoning Commission. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. STAFF ANALYSIS — The City of Waterloo Zoning Ordinance requires "That any ZONING proposed freestanding tower structure within 500 feet of a 1 or ORDINANCE: 2 family dwelling lot shall go through the Planning, Programming & Zoning Commission for a recommendation to the Board of Adjustment, similar to a special permit". The tower in question would be located adjacent to a single-family dwelling lot, and therefore the approval is required. The proposed tower is a 120' Stealth Monopole structure with internal antenna's and room for co-locators. The applicant would be leasing a 2,500 SF area for the tower and equipment, which will be enclosed by a 6' tall chain link fence. The applicant has noted that they are proposing the tower in order to provide better coverage in that area, and have provided coverage maps showing the coverage difference in the area with and without the proposed tower. The Zoning Ordinance prefers that a new structure be co- located onto an existing tower or placed on a roof of an existing tall building, however the applicant has noted that no such locations were available. Although the tower would be located adjacent to a 1 or 2 family dwelling lot, it would appear that the tower would be located 240' from the nearest house to the South and West, and approximately 1,500' from the nearest house to the east. Even though the tower would be located over 200' from the nearest house, it is a predominately residential area. For that reason, the applicant has proposed that the tower be of a Stealth Monopole design, which would lessen the visual impact on the surrounding area. Also, the required setback from all property lines for a new tower is '/2 the tower height, 60' minimum. The setback from a 1 or 2 family dwelling lot is 500' except that it can be reduced Morris Park New Cell Tower Page 2 of 3 March 1, 2011 to twice the tower height if the applicant can demonstrate that no other location in the immediate vicinity can meet the requirement. It would appear that there are no other locations in the immediate vicinity that could meet the requirement; therefore the setback requirement would be twice the height of the tower. The tower will be 120', so the required setback would be 240'. It would appear that the tower would be over 240' from residences, so a variance to the setback requirements will not be needed however; the Board of Adjustment must concur that the proposed tower does indeed meet all setback requirements and will consider this request at there next meeting. At the Technical Review Committee Meeting, the Engineering Department noted that the submitted plans show 3 different surfacing types for the access drive. The applicant will need to let the City know which type of surfacing they intend to use for the driveway. Engineering also noted that a flared curb-cut will need to be used for the driveway, not a radial curb-cut as shown in the current plans. Also, Leisure Services has noted that a gate will need to be installed across the entrance to prevent vehicles from driving into the park. STAFF ANALYSIS — The applicant is not proposing to subdivide the property at this SUBDIVISION ORD: time. STAFF Therefore, staff recommends the request for a major RECOMMENDATION: significance cell tower be approved for the following reasons: 1. The request would not appear to have a negative impact on the neighborhood or traffic conditions in the area. 2. The request is in conformance with the Future Land Use Map and the Comprehensive Plan. 3. The new tower would be located over 240' from the nearest house and would be located away from the nearest street, and would be of a Stealth Monopole design, thus minimizing its visual impact on the area. And subject to the following condition: 1. That the tower be of a camouflage design (includes Stealth Monopole with interior or flush mount antennas) so as to lessen the visual impact on the surrounding properties. 2. That a gate be installed across the entrance to prevent unauthorized vehicles from entering the park. 3. That the curb-cut be a flared design and not a radius design. 4. That the driveway be hard surface with concrete paving. Morris Park New Cell Tower Page 3 of 3 STATE OF IOWA, } Black Hawk County, SS I do solemnly swear that the annexed copy of legal City of Waterloo Notice of Public Hearing Fidelity Towers Notice was published in the Courier, a daily publication printed in Waterloo, Black Hawk County, Iowa, 1 time commencing on the 11th day of April, 2011 in the name of said newspaper, and that the NOTICE OF PUBLIC HEARING annexed legal rate of advertised is the regular rate of TO WHOM IT MAY CONCERN: Notice is hereby given that on the 18th day of April,2011,at 5:30 p.m.,in the said newspaper, and that the following is a correct bill Council Chambers in the City Hall in the City of Waterloo,Iowa,a public hearing for publishing said notice. will be held by the Council of the City of Waterloo,Iowa,on a 5 Year Lease Agreement with Fidelity Towers Inc.,in ^7 the amount of$9,600.00 per year,to al- Printer's Bill $14.76 low for the construction of a 120'stealth Mor- ris monopolektower and equipment cone Ridge- wayt - n pis Park located at the corner of _`//`{(/! Avenue and 11th Street,described as follows: The East 660 feet of the South one-half of the Southwest Quarter of the South- Signed west Quarter of Section 36,Township 89 North,Range 13 West of the Fifth Prin- cipal Meridian,in the City of Waterloo, Black Hawk County,Iowa,except those parts conveyed to the City of Waterloo, Iowa,in 114 LD 503 and 116 LD 457,all Subscribed a sworn to before me this in the City of Waterloo,Black Hawk County,Iowa Anyone who is interested may appear at „ said time and place and be heard or may + file written objection with the City Clerk, Day of A.D , 20 1I City Hall,Waterloo,Iowa,before the date set for said hearing. c By order of the Council of the City of Wa- + ' terloo this 4th day of April,2011. , - Suzy Schares City Clerk . __ [� 1 ' `._ Notary Public Received of the sum of Dollars. In full for publication of the above notice. I I RESOLUTION NO. 2011-297 RESOLUTION APPROVING OPTION AND LAND LEASE AGREEMENT WITH FIDELITY TOWERS INC. OF PARKER, COLORADO, AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Option and Land Lease Agreement dated April 28, 2011, in the amount of $9, 600 . 00 per year, to lease a 2, 500 square foot area for the construction of a 120' stealth monopole tower and equipment at Morris Park located at the corner of Ridgeway Avenue and llth Street, by and between Fidelity Towers Inc. of Parker, Colorado and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 18th day of April, 2011 . 1:2 Ernesekta,414- /( e4t--di G. rk, Mayor ATTEST: G)2�,o Suzy Sc aes, MC City Clerk CITY OF WATERLOO raymj. )149-eu Council Communication City Council Meeting: April 4, 2011 Prepared: March 25, 2011 Dept. Head Signature: Sandie Greco # of Attachments: 1 SUBJECT: PURCHASING MAST ARM POLES, WILLISTON AT BALTIMORE& WILLISTON AT W. 9TH, TRAFFIC SAFETY IMPROVEMENTS TRF-161 Submitted by: Sandie Greco Recommended City Council Action: Set date of public hearing on specifications, plans, and estimate of costs, as well as date of opening the bids for April 18, 2011. Summary Statement This is for purchasing mast arm poles to be installed by traffic operations Department personnel. Expenditure Required$44,000 Source of Funds Iowa Traffic Safety Grant covering 100% of the purchase costs. Policy Issue None. Alternative None. Background Information: The two intersections experience frequent red light running crashes. The safety improvement completely re-signalizes the intersections and replaces pedestal pole mounted signals with mast arm-signals. The expected safety benefit has qualified this project for safety grant funds. CONTRACT DOCUMENTS PURCHASING MAST ARM POLES WILLISTON AT BALTIMORE & WILLISTON AT W. 9TH TRAFFIC SAFETY IMPROVEMENTS WATERLOO, IOWA CS-TSF-8155(717)--85-07 TRF-1 61 TABLE OF CONTENTS I- NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS I-1 RECEIVING OF BIDS I-1 PUBLIC HEARING I-1 II- FORM OF BID OR PROPOSAL II-1 III- TARGETED SMALL BUSINESS (TSB) AFFIRMATIVE ACTION RESPONSIBILITIES ON NON-FEDERAL-AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) III-3 A. TSB REQUIREMENTS III-3 B. TSB DIRECTORY INFORMATION III-3 IV- SPECIFICATIONS IV-1 A. RELATED SPECIFICATIONS AND STANDARDS IV-1 B. GALVANIZED STEEL SUPPORTS IV-1 V- GENERAL CONDITIONS OF CONTRACT V-1 VI- SPECIAL CONDITIONS OF CONTRACT VI-1 VII- FORM OF CONTRACT VII-1 I NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS NOTICE OF PUBLIC HEARING On Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Bids For PURCHASING MAST ARM POLES FOR WILLISTON AT BALTIMORE & WILLISTON AT W. 9TH TRAFFIC SAFETY IMPROVEMENTS WATERLOO, IOWA RECEIVING OF BIDS Sealed bids will be received by the City Clerk of the City of Waterloo, Iowa, at her office at City Hall 715 Mulberry Street Waterloo, Iowa 50703 on the 18 day of April 2011, until 12:00 noon for the purchase of mast arm poles as described in detail in the specifications now on file in the office of the City Clerk. PUBLIC HEARING The City Council will conduct a public hearing on the proposed specifications, drawings, form of contract, and estimate of cost (now on file in the office of the City Clerk) at 5:30 p.m. on April 18, 2011, in the Council Chambers in the City Hall. You may appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the hearing. Bids will be opened in open council meeting to be held in the Council Chambers in the City Hall, on April 18, 2011, at 5:30 p.m., and will be acted upon at that time and place or at such later time and place as may then be fixed. The Specifications and the prior proceedings of the City Council referring to and defining said materials are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. CITY OF WATERLOO, IOWA Suzy Schares City Clerk NOTICE OF PUBLIC HEARING PAGE I-1 II- FORM OF BID OR PROPOSAL PURCHASING MAST ARM POLES FOR WILLISTON/BALTIMORE &WILLISTON W. 9111 TRAFFIC SAFETY IMPROVEMENTS CITY OF WATERLOO, IOWA Honorable Mayor and City Council Waterloo, Iowa Gentlemen: 1.The undersigned, being a Corporation existing under the laws of the State of , a Partnership consisting of the following partners: , having familiarized (himself) (themselves) (itself) with the plans as well as all the contract documents listed in the Table of Contents and Addenda (if any), as prepared by the the City of Waterloo now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, hereby proposes to furnish all materials and equipment including transportation services required to supply and deliver the MAST ARM POLES, all in accordance with the above-listed documents and for the unit prices for the following items and quantities: PURCHASING TRAFFIC MAST-ARM POLES BID DESCRIPTION UNIT EST. UNIT BID EXTENSION ITEM QTY. PRICE 17.8 TO 18.8 FT GALVANIZED POLE WITH 15 FT ARM AND TRANSFORMER BASE AND ALL THE NECESSARY MATERIAL FOR INSTALLATION 1 INCLUDING ANCHOR BOLTS EA 3 17.8 TO 18.8 FT GALVANIZED POLE WITH 28 FT ARM AND 27 FT OR LONGER LUMINAIRE EXTENSION FOR STANDARD COBRA HEAD AND TRANSFORMER BASE AND ALL THE NECESSARY MATERIAL FOR 2 INSTALLATION INCLUDING ANCHOR BOLTS EA 1 MINIMUM 17.8-18.8 FT GALVANIZED POLE WITH 22 FT ARM AND TRANSFORMER BASE AND ALL THE NECESSARY MATERIAL FOR INSTALLATION 3 INCLUDING ANCHOR BOLTS EA 1 17.8 TO 18.8 FT GALVANIZED POLE WITH 19 FT ARM AND 19 FT OR LONGER LUMINAIRE EXTENSION FOR STANDARD COBRA HEAD AND TRANSFORMER BASE AND ALL THE NECESSARY MATERIAL FOR 4 INSTALLATION INCLUDING ANCHOR BOLTS EA 1 MINIMUM 17.8-18.8 FT GALVANIZED POLE WITH TWO ARMS 31 FT AND 29 FT AND TRANSFORMER BASE AND ALL THE NECESSARY MATERIAL FOR 5 INSTALLATION INCLUDING ANCHOR BOLTS EA 1 TOTAL BID PRICE (NUMERAL): $ TOTAL BID PRICE (WRITING): DOLLARS TSB PAGE II-1 2. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids. If notice of the acceptance of this bid is mailed, emailed, telegraphed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to execute and deliver an agreement in the prescribed form within ten (10) days after the agreement is presented to him. 3. The bidder has received the following Addendum or Addenda: Addendum No. Date 4. The bidder has filled in all blanks on this proposal. Those blanks not applicable are marked "none or"NA". 5. The City reserves the right to select alternates, delete line items, and/or to reduce quantities prior to the award of a contract due to budgetary limitations. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. TSB PAGE 11-2 III- TARGETED SMALL BUSINESS (TSB) AFFIRMATIVE ACTION RESPONSIBILITIES ON NON-FEDERAL-AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) A. TSB REQUIREMENTS At the time of advertising of this document there were no qualified firms listed on Iowa TSB list who either manufacture or sell mast arm poles. The bidder, however, is encouraged to check the TSB directory information before submitting a bid, in case a TSB manufacturer or supplier becomes available. In case one does appear on the list use the form below to record your contact with them. (In all State-assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4.) B. TSB DIRECTORY INFORMATION Available from: Iowa Department of Inspections and Appeals Targeted Small Business Lucas Building Des Moines, IA 50319 Phone: 515-281-7357 Website: www.iowai.net/iowa/dia/tsb TSB PAGE III-3 \ \ ) . ? E * ` EB C §G 2 )/ o = H\ % .0 \ \\ =as c \ } �@ . 0 \ 2 $ ( f • 2 » ? a) \ g z ( — ) #c •f 00 2k ) ) E @G \k 0) )( ik2 @z o, — \ cz > S 0 3— $ \ & ! 0 \ z » §( / g G § J ( g - z m < co # , k kS ( ®o _1b %i _ ° mz o �z � < « ! , \ f\ ) m 0 diP) #) g � co »�( � . // 2§/ k m ) 0q k \ f - k o CC ƒ CC 0 §!/ \ )°ƒ ƒ co \ } 13 ) | a. . to ( § [ \ \ \ c� co # 3s0 0 -Z ® 0 /)k } ii ® Z 0 al \ a\�/ Cl)00 f\t�Ot !{:) \) ; ® o /\j\\\ �& �� ^ # § `a •• @ -a a) m j\ / o ± jk\oz = )\ Cr) IV- SPECIFICATIONS GALVANIZED STEEL SUPPORT POLE AND MAST ARM WILLISTON @ BALTIMORE, & WILLISTON @ W. 9TH WATERLOO, IOWA IOWA DOT PROJECT NUMBER: CS-TSF-8155(717)--85-07 TRAFFIC OPERATIONS PROJECT NUMBER: TRF-161 A. RELATED SPECIFICATIONS AND STANDARDS 1. The supplier shall comply with all of the standards listed in paragraphs 2 to 6 below. 2. Iowa Department of Transportation Standard Specifications for Highway and Bridge Construction, and all current Supplemental Specifications in particular Section 2404: Reinforcements; Section 2408: Steel Structures; Section 2423: Supplemental Standards for Highway Signs, Luminaires, and Traffic Signals; Section 4187: Material for Support Structures. 3. Specifications of the Underwriters Laboratories, Inc. 4. ASTM (American Society for Testing Materials) standards. 5. ANSI (American National Standards Institute) standards. 6. All pertinent state and federal laws and regulations covering material and design. B. GALVANIZED STEEL SUPPORTS 1. The sign mast arms and support poles shall be continuous steel poles of the anchor base type. The pole shall be fabricated from low carbon (maximum carbon 0.30%) steel of U.S. Standard Gauge and shall be manufactured from steel sheet with one continuous welded vertical seam. 2. After manufactured, they shall have a minimum yield strength of 48,000 psi. The base shall be of heavy cast or rolled steel attached to the lower end of the shaft by a continuous weld on both the inside and outside of the shaft. The diameter of the bolt circle shall be as specified by the manufacturer. 3. Welding and fabrication shall conform to the Structural Welding Code AWS, as modified by ASSHTO Standard Specifications for Welding of Structural Steel Highway Bridges. 4. The pole shall be designed to support the signs and all the static and dynamic loads such as wind loads as required in the Specifications and Standards. 5. The mast arms and poles shall be supplied with all necessary hardware, such as base-plates, shims, and anchor bolts, etc., to provide for a complete installation without additional parts. 6. Galvanization of the pole and mast arms shall be in accordance with the latest revision of A.S.T.M. A123. All hardware shall be of hot dipped galvanized steel SPECIFICATIONS PAGE IV-1 in accordance with the latest revision of A.S.T.M. A123. All mast arms and support poles shall be galvanized steel and shall be in conformance with IDOT Specification 2525. 7. All supports shall contain the anchor bolts. The anchor bolts shall be constructed from A36 steel with minimum yield strength of 50,000 psi. The anchor bolts shall be hot dipped galvanized for a minimum of 12" on the threaded end and shall be threaded a minimum of 6" at one end and have a 4" long, 90° bend at the other end. 8. Certification. The fabricator shall certify that the mast arms are capable of withstanding winds of at least 100 mph without failure; that only certified welding operators in accordance with AWS D1.1-75 or latest revisions were used; and that only electrodes as modified by the current version of AASHTO Standard Specifications for Welding of Structural Steel for Highway Bridges were used. SPECIFICATIONS PAGE IV-2 City of Waterloo, Iowa V- GENERAL CONDITIONS OF CONTRACT For Purchasing Traffic Signal Goods 1. Definitions 1.1 In this Contract, the following terms shall be interpreted as indicated: (a) "The Contract" means the agreement entered into between the City of Waterloo, and the Supplier, as recorded in the Contract Form signed by the parties, including all attachments and appendices thereto and all documents incorporated by reference therein. (b) "The Contract Price" means the price payable to the Supplier under the Contract for the full and proper performance of its contractual obligations. (c) "The Goods" means any material, equipment, or machinery, which the Supplier is required to supply to the City under the Contract. (d) "The Services" means those services ancillary to the supply of the Goods, such as transportation and insurance, and any other incidental services. (e) "GCC" means the General Conditions of Contract contained in this section. (f) "SCC" means the Special Conditions of Contract. (g) "The City" means the the City of Waterloo, Iowa. (h) "The Supplier" means the individual or firm supplying the Goods and Services under this Contract. (i) "The Project Site," where applicable, means the place or places named in SCC. (j) "Day" means calendar day. 2. Application These General Conditions shall apply to the extent that they are not superseded by provisions of other parts of the Contract. 3. Standards The Goods supplied under this Contract shall conform to the standards mentioned in the Specifications. 4. Use of Contract Documents and Information Any document, other than the Contract itself, enumerated in GCC shall remain the property of the City and shall be returned (all copies) to the City on completion of the Supplier's performance under the Contract if so required by the City. 5. Patent Rights The Supplier shall indemnify the City against all third-party claims of infringement of patent, trademark, or industrial design rights arising from use of the Goods or any part thereof in the City. 6. Performance Security 6.1 Within thirty (30) days of receipt of the notification of Contract award, the successful Bidder shall furnish to the City the performance security in the amount specified in SCC. PAGE V-1 6.2 The proceeds of the performance security shall be payable to the City as compensation for any loss resulting from the Supplier's failure to complete its obligations under the Contract. 6.3 The performance security shall in one of the following forms: (a) a bank guarantee or an irrevocable letter of credit issued by a reputable bank, in the form provided in the bidding documents or another form acceptable to the City; or (b) a cashier's or certified check or certified share draft.. 6.4 The performance security will be discharged by the City and returned to the Supplier not later than thirty (30) days following the date of completion of the Supplier's performance obligations under the Contract, including any warranty obligations, unless otherwise specified in SCC. 7. Inspections and Tests 7.1 The City or its representative shall have the right to inspect and/or to test the Goods to confirm their conformity to the Contract specifications at no extra cost to the City. SCC and the Technical Specifications shall specify what inspections and tests the City requires and where they are to be conducted. The City shall notify the Supplier in writing, in a timely manner, of the identity of any representatives retained for these purposes. 7.2 The inspections and tests may be conducted on the premises of the Supplier or its subcontractor(s), at point of delivery, and/or at the Goods' final destination. If conducted on the premises of the Supplier or its subcontractor(s), all reasonable facilities and assistance, including access to drawings and production data, shall be furnished to the inspectors at no charge to the City. 7.3 Should any inspected or tested Goods fail to conform to the Specifications, the City may reject the Goods, and the Supplier shall either replace the rejected Goods or make alterations necessary to meet specification requirements free of cost to the City. 7.4 The City's right to inspect, test and, where necessary, reject the Goods after the Goods' arrival to the final destination shall in no way be limited or waived by reason of the Goods having previously been inspected, tested, and passed by the City or its representative prior to the Goods shipment. 7.5 Testing and inspecting under GCC Clause 7 shall not in any way release the Supplier from any warranty or other obligations under this Contract. 8. Packing 8.1 The Supplier shall provide such packing of the Goods as is required to prevent their damage or deterioration during transit to their final destination, as indicated in the Contract. The packing shall be sufficient to withstand, without limitation, rough handling during transit and exposure to extreme temperatures, salt and precipitation during transit, and open storage. 8.2 The packing, marking, and documentation within and outside the packages shall comply with such special requirements as shall be expressly provided for in the Contract, including additional requirements, if any, specified in SCC, and in any subsequent instructions ordered by the City. PAGE V-2 9. Delivery and Documents 9.1 Delivery of the Goods shall be made by the Supplier in accordance with the terms specified in the Notice to Bidders. The details of shipping and/or other documents to be furnished by the Supplier are specified in SCC. 9.3 Documents to be submitted by the Supplier are specified in SCC. 10. Insurance The Goods supplied under the Contract shall be fully insured against loss or damage incidental to manufacture or acquisition, transportation, storage, and delivery in the manner specified in the SCC. 11.Transportation The Supplier is required under Contract to deliver the Goods to the location specified in the SCC and bear all the associated costs unless otherwise specified in the SCC. 12. Incidental Services 12.1 The Supplier may be required to provide any or all of the following services, including additional services, if any, specified in SCC: (a) performance or supervision of on-site assembly and/or start-up of the supplied Goods; (b) furnishing of tools required for assembly and/or maintenance of the supplied Goods; (c) furnishing of a detailed operations and maintenance manual for each appropriate unit of the supplied Goods; (d) performance or supervision or maintenance and/or repair of the supplied Goods, for a period of time agreed by the parties, provided that this service shall not relieve the Supplier of any warranty obligations under this Contract; and (e) training of the City's personnel, at the Supplier's plant and/or on-site, in assembly, start-up, operation, maintenance, and/or repair of the supplied Goods. 12.2 Prices charged by the Supplier for incidental services, if not included in the Contract Price for the Goods, shall be agreed upon in advance by the parties and shall not exceed the prevailing rates charged to other parties by the Supplier for similar services. 13. Spare Parts 13.1 As specified in SCC, the Supplier may be required to provide any or all of the following materials, notifications, and information pertaining to spare parts manufactured or distributed by the Supplier: (a) such spare parts as the City may elect to purchase from the Supplier, provided that this election shall not relieve the Supplier of any warranty obligations under the Contract; and (b) in the event of termination of production of the spare parts: (i) advance notification to the City of the pending termination, in sufficient time to permit the City to procure needed requirements; and PAGE V-3 (ii) following such termination, furnishing at no cost to the City, the blueprints, drawings, and specifications of the spare parts, if requested. 14.Warranty 14.1 The Supplier warrants that the Goods supplied under the Contract are new, unused, of the most recent or current models, and that they incorporate all recent improvements in design and materials unless provided otherwise in the Contract. The Supplier further warrants that all Goods supplied under this Contract shall have no defect, arising from design, materials, or workmanship (except when the design and/or material is required by the City's specifications) or from any act or omission of the Supplier, that may develop under normal use of the supplied Goods in the conditions prevailing in the country of final destination. 14.2 This warranty shall remain valid for twelve (12) months after the Goods, or any portion thereof as the case may be, have been delivered to and accepted at the final destination indicated in the Contract unless specified otherwise in SCC. 14.3 The City shall promptly notify the Supplier in writing of any claims arising under this warranty. 14.4 Upon receipt of such notice, the Supplier shall, within the period specified in SCC and with all reasonable speed, repair or replace the defective Goods or parts thereof, without costs to the City. 14.5 If the Supplier, having been notified, fails to remedy the defect(s) within the period specified in SCC, the City may proceed to take such remedial action as may be necessary, at the Supplier's risk and expense and without prejudice to any other rights which the City may have against the Supplier under the Contract. 15. Payment 15.1 The method and conditions of payment to be made to the Supplier under this Contract shall be specified in SCC. 15.2 The Supplier's request(s) for payment shall be made to the City in writing, accompanied by an invoice describing, as appropriate, the Goods delivered and Services performed, and by documents submitted pursuant to GCC Clauses, and upon fulfillment of other obligations stipulated in the Contract. 16. Prices Prices charged by the Supplier for Goods delivered and Services performed under the Contract shall not vary from the prices quoted by the Supplier in its bid, with the exception of any price adjustments authorized in SCC or in the City's request for bid validity extension, as the case may be. 17.Change Orders 17.1 The City may at any time, by a written order given to the Supplier pursuant to GCC Clauses, make changes within the general scope of the Contract in any one or more of the following: (a) drawings, designs, or specifications, where Goods to be furnished under the Contract are to be specifically manufactured for the City; (b) the method of shipment or packing; (c) the place of delivery; and/or PAGE V-4 (d) the Services to be provided by the Supplier. 17.2 If any such change causes an increase or decrease in the cost of, or the time required for, the Supplier's performance of any provisions under the Contract, an equitable adjustment shall be made in the Contract Price or delivery schedule, or both, and the Contract shall accordingly be amended. Any claims by the Supplier for adjustment under this clause must be asserted within thirty (30) days from the date of the Supplier's receipt of the City's change order. 18. Contract Amendments Subject to GCC Clauses, no variation in or modification of the terms of the Contract shall be made except by written amendment signed by the parties. 19.Assignment The Supplier shall not assign, in whole or in part, its obligations to perform under this Contract, except with the City's prior written consent. 20. Subcontracts 20.1 The Supplier shall notify the City in writing of all subcontracts awarded under this Contract if not already specified in the bid. Such notification, in the original bid or later, shall not relieve the Supplier from any liability or obligation under the Contract. 20.2 Subcontracts must comply with the provisions of GCC Clauses. 21. Delays in the Supplier's Performance 21.1 Delivery of the Goods and performance of Services shall be made by the Supplier in accordance with the time schedule prescribed by the City in the Notice to Bidders. 21.2 If at any time during performance of the Contract, the Supplier or its subcontractor(s) should encounter conditions impeding timely delivery of the Goods and performance of Services, the Supplier shall promptly notify the City in writing of the fact of the delay, its likely duration and its cause(s). As soon as practicable after receipt of the Supplier's notice, the City shall evaluate the situation and may at its discretion extend the Supplier's time for performance, with or without liquidated damages, in which case the extension shall be ratified by the parties by amendment of Contract. 21.3 Except as provided under GCC Clause 24, a delay by the Supplier in the performance of its delivery obligations shall render the Supplier liable to the imposition of liquidated damages pursuant to GCC Clause 22, unless an extension of time is agreed upon pursuant to GCC Clause 22.2 without the application of liquidated damages. 22. Liquidated Damages Subject to GCC Clause 24, if the Supplier fails to deliver any or all of the Goods or to perform the Services within the period(s) specified in the Contract, the City shall, without prejudice to its other remedies under the Contract, deduct from the Contract Price, as liquidated damages, a sum as specified in the SCC for each week or part thereof of delay until actual delivery or performance, up to a maximum delay specified PAGE V-5 in the SCC. Once the maximum is reached, the City may consider termination of the Contract pursuant to the GCC Clause 23. 23.Termination for Default 23.1 The City, without prejudice to any other remedy for breach of Contract, by written notice of default sent to the Supplier, may terminate this Contract in whole or in part: (a) if the Supplier fails to deliver any or all of the Goods within the period(s) specified in the Contract, or within any extension thereof granted by the City pursuant to GCC Clause 21; or (b) if the Supplier fails to perform any other obligation(s) under the Contract. 23.2 In the event the City terminates the Contract in whole or in part, pursuant to GCC Clause 23.1, the City may procure, upon such terms and in such manner as it deems appropriate, Goods or Services similar to those undelivered, and the Supplier shall be liable to the City for any excess costs for such similar Goods or Services. However, the Supplier shall continue performance of the Contract to the extent not terminated. 24. Force Majeure 24.1 Notwithstanding the provisions of GCC Clauses 21, 22, and 23, the Supplier shall not be liable for forfeiture of its performance security, liquidated damages, or termination for default if and to the extent that its delay in performance or other failure to perform its obligations under the Contract is the result of an event of Force Majeure. 24.2 For purposes of this clause, "Force Majeure" means an event beyond the control of the Supplier and not involving the Supplier's fault or negligence and not foreseeable. Such events may include, but are not restricted to, acts of the City in its sovereign capacity, wars, fires, floods, epidemics. 24.3 If a Force Majeure situation arises, the Supplier shall promptly notify the City in writing of such condition and the cause thereof. Unless otherwise directed by the City in writing, the Supplier shall continue to perform its obligations under the Contract as far as is reasonably practical, and shall seek all reasonable alternative means for performance not prevented by the Force Majeure event. 25.Termination for Insolvency The City may at any time terminate the Contract by giving written notice to the Supplier if the Supplier becomes bankrupt or otherwise insolvent. In this event, termination will be without compensation to the Supplier, provided that such termination will not prejudice or affect any right of action or remedy which has accrued or will accrue thereafter to the City. 26.Termination for Convenience 26.1 The City, by written notice sent to the Supplier, may terminate the Contract, in whole or in part, at any time for its convenience. The notice of termination shall specify that termination is for the City's convenience, the extent to which performance of the Supplier under the Contract is terminated, and the date upon which such termination becomes effective. PAGE V-6 26.2 The Goods that are complete and ready for shipment within thirty (30) days after the Supplier's receipt of notice of termination shall be accepted by the City at the Contract terms and prices. For the remaining Goods, the City may elect: (a) to have any portion completed and delivered at the Contract terms and prices; and/or (b) to cancel the remainder and pay to the Supplier an agreed amount for partially completed Goods and Services and for materials and parts previously procured by the Supplier. 27.Settlement of Disputes 27.1 If any dispute or difference of any kind whatsoever shall arise between the City and the Supplier in connection with or arising out of the Contract, the parties shall proceed in accordance with the rules of procedure specified in the SCC. 27.3 Notwithstanding any reference to the SCC herein, (a) the parties shall continue to perform their respective obligations under the Contract unless they otherwise agree; and (b) the City shall pay the Supplier any monies due the Supplier. 28. Notices 28.1 Any notice given by one party to the other pursuant to this Contract shall be sent to the other party in writing or by cable, telex, or facsimile and confirmed in writing to the other party's address specified in the SCC. 28.2 A notice shall be effective when delivered or on the notice's effective date, whichever is later. 29.Taxes and Duties This purchase is tax exempt. The Supplier shall be entirely responsible for obtaining tax-exempt forms and all taxes (if any), duties, license fees, etc., incurred until delivery of the contracted Goods to the City. PAGE V-7 City of Waterloo, Iowa VI- SPECIAL CONDITIONS OF CONTRACT Purchasing Mast Arm Poles Williston/Baltimore & Williston/W. 9th CS-TSF-8155(717)--85-07 TRF-161 1. Project Purchasing mast arm poles. Description 2. Project Location City of Waterloo, Iowa 3. City's Address City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703. 4. Performance NONE Security 5. Inspections and As per Contract Documents Tests 6. Packing As per Contract Documents 7. Delivery and As per Contract Documents Documents 8. Insurance All insurance cost to deliver the Goods to their final destination in a acceptable condition are the Supplier's responsibility. 9. Transportation Goods shall be transported and delivered to the following address: City of Waterloo Traffic Operations Department 408 E. 6th Street Waterloo, Iowa 50703. 10. Incidental NONE. Services 11. Spare Parts NONE. 12. Warranty As per Contract Documents. 13. Payment Upon receipt of invoice and after the goods has been delivered and inspected by the City and accepted by the City, payment processed will be initiated.. 14. Adjustment in NONE Prices 15. Liquidated As specified in the Notice to Bidders. Maximum delay is 30 days. Damages 16. Settlement of Normal procedures. Disputes PAGE VI-1 VII- FORM OF CONTRACT PURCHASING MAST ARM POLES FOR WILLISTON / BALTIMORE & WILLISTON /W. 9TH TRAFFIC SAFETY IMPROVEMENTS CITY OF WATERLOO, IOWA This contract is made and entered into this -day of , 2011 , by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and of (city and state) (hereinafter referred to as Supplier), WITNESSETH: PAR. 1 Supplier agrees to provide the MAST ARM POLES as called for in the specifications and plans in a workmanshiplike manner and for the prices set forth in supplier's bid, which was accepted by the city, and which is understood and agreed to be a part of this contract. PAR. 2 It is understood and agreed that the resolution adopted by the City Council ordering the purchase of the goods, the Notice to Bidders as published, the Form of Proposal, the council proceedings relating to this matter, General Conditions of Contract, Special Conditions of Contract and the Specifications shall all be considered as forming a part of the contract the same as through they were each set out in said contract. PAR. 3 The supplier agrees to furnish at its own cost and expense, all goods in strict accordance with the requirements of this contract, and of the specifications made a part hereof by reference, and to the satisfaction and approval of the city and it's engineer. PAR 4. The supplier agrees to provide the goods according to the delivery dates set in the Notice to Bidders. PAR 5. Should the supplier fail to provide said goods in strict accordance with the terms and conditions of this contract, or the specifications herein promptly by the date specified, the city may pay such additional sums as it may be required to pay by reason of the failure of said supplier and deduct all such sums from the amount then due the supplier. PAR. 6 The supplier agrees to pay punctually all just claims of labor, material, or subcontractors in relation to supplying of these goods. It is agreed that the city need not pay the supplier until all such claims are paid by the supplier. It is agreed that the city shall not be liable for said labor or material under this contract. PAR. 7 In consideration of the full compliance on the apart of the supplier with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon delivery and acceptance of said goods, the city agrees to pay to the supplier, in the manner set out in the Notice to Bidder, the amount of money due the supplier for goods delivered and accepted, at the unit prices set out in the supplier's bid, which has been accepted by the city. FORM OF CONTRACT PAGE VII-1 PAR. 8 The total amount of the contract, based on the quantities and the supplier's unit bid prices is required is $ PAR. 9 This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. SUPPLIER: OWNER: CITY OF WATERLOO, IOWA BY: BY: TITLE: TITLE: MAYOR Approved by the City Council of the City of Waterloo, Iowa, this day of , 2011. ATTEST: , City Clerk FORM OF CONTRACT PAGE VII-2 STATE OF IOWA, } Black Hawk County, SS I do solemnly swear that the annexed copy of legal City of Waterloo Notice of Public Hearing and notice to Bidders Mast Arm Poles Notice was published in the Courier, a daily publication printed in Waterloo, Black Hawk County, Iowa, 1 time commencing on the 11th day of April, 2011 in the name of said newspaper, and that the NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS annexed legal rate of advertised is the re ular rate of NOTICE OF PUBLIC HEARING p On Specifications,Form of Contract, b And Estimate of Cost and the said newspaper, and that the followin is a correct bill NOTICE TO BIDDERS for publishing said notice. g For the Taking.of Bids For PURCHASING MAST ARM POLES FOR WILLISTON AT BALTIMORE& WILLISTON SAFETY AT W.9TH T Printer's Bill $20.83 IMPROVEMENTS WATERLOO,IOWA RECEIVING OF BIDS Sealedlerko bids will be receivedWaterloo, by the City Clerk of the City of W atedoo,Iowa,at her office at City Hall 715 Mulberry Street Waterloo,Iowa 50703 on the 18 day of Signed April 2011,until 12:00 noon for the pur- J chase of mast arm poles as described in detail in the specifications now on file in the office of the City Clerk. PUBLIC HEARING The City Council will conduct a public Subscribed a d sworn to before me this hearing on the proposed specifications, drawings,form of contract,and estimate of cost(now on file in the office of the City Clerk)at 5:30 p.m.on April 18,2011,in - the Council Chambers in the City Hall. Day Of A.D., 20 I You may appear and make objection • thereto with the City Olerk before the date set for said hearing,or appear and make objection thereto at the hea-ing. Bids will be opened,in open council meeting to be held in the Council Cham- bersintheCityHall,on April 18,2011,at1. 61 5:30 p.m.,and will be acted upon at that ± time and place or at such later time and Notary Public place as may then be fixed.. The Specifications and the prior pro- ceedings of the City Council referring to and defining said materials are hereby Received of made a part of this notice,and the pro- posed contract by reference shall be executed In compliance,therewith. CITY OF WATERLOO,IOWA Suzy Schares City Clerk the sum of Dollars. In full for publication of the above notice. • M 4 Purchase of Traffic Mast Arm Poles, Williston at Baltimore & Williston at West 9th Street April 18, 2011 Bid Tab Engineer's Estimate: $44,000.00 Bid Bond Not Required Bidder Bid Amount 3E Electrical Engineering & Equipment Company �/� 183 W. 9h Street Waterloo, Iowa 50702 Crescent Electric Supply Company P.O. Box 180 Waterloo, Iowa 50704-0180 RESOLUTION NO. 2011-298 RESOLUTION CONFIRMING APPROVAL OF SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, AND ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PURCHASE OF TRAFFIC MAST ARM POLES, WILLISTON AT BALTIMORE AND WILLISTON AT WEST 9711 STREET. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Superintendent of Traffic Operations of said City to prepare proposed specifications, bid document, form of contract, and estimate of cost, etc. , for the Purchase of Traffic Mast Arm Poles, Williston at Baltimore and Williston at West 9th Street, in the City of Waterloo, Iowa, and WHEREAS, said Superintendent of Traffic Operations did file said preliminary specifications, bid document, form of contract, and estimate of cost, etc. , for the Purchase of Traffic Mast Arm Poles, Williston at Baltimore and Williston at West 9th Street, which were preliminarily approved on April 4, 2011, and WHEREAS, a public hearing, upon notice, was held on April 18, 2011, and no objections were made. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, and estimate of cost, etc. , for the Purchase of Traffic Mast Arm Poles, Williston at Baltimore and Williston at West 9th Street, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 18th day of April, 2011 . /Ljt Ernest G. Clark, Mayor ATTEST: uzy Sc ares, CMC City Clerk RESOLUTION NO. 2011-299 RESOLUTION AUTHORIZING TO PROCEED WITH THE PURCHASE OF TRAFFIC MAST ARM POLES, WILLISTON AT BALTIMORE AND WILLISTON AT WEST 9TH STREET. WHEREAS, by Resolution No. 2011-298, specifications, bid document, form of contract, and estimate of cost, etc. , for the Purchase of Traffic Mast Arm Poles, Williston at Baltimore and Williston at West 9th Street, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the hearing prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said authorization to proceed with purchase be approved. PASSED AND ADOPTED this 18th day of April, 2011 . 4e.4471-lalAg Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk Page 1 of 2 SUZY SCHARES From: Carolyn Cole [Carolyn.Cole@vgm.com] Sent: Tuesday, April 05, 2011 12:13 PM To: SUZY SCHARES; MAYOR CLARK Subject: FW: Statement of Support for the Grout Museum District For the record From: Jane Ryan [mailto:jane.ryan@gmdistrict.org] Sent: Tuesday, April 05, 2011 10:55 AM To: Carolyn Cole Subject: Statement of Support for the Grout Museum District Dear Ms. Cole, I would like to take this opportunity to let you know that I support the Grout Museum District and feel that it should receive substantial regular support from the hotel/motel tax. The Grout Museum provides unique cultural opportunities for our community and serves its citizens in a host of other ways: • The Grout Museum District is the unofficial repository of local history, known as the"go to" place for historical information. • The Grout Museum District is the steward of o 100,000 artifacts o 20,000 archives o 1,000 video interviews • The Grout Museum District served 79,000 visitors in FY2010 o From 27 states plus 5 foreign countries o 250 volunteers worked 3,100 hours in FY2010 • The Grout Museum District provides educational programming o 1,200 third graders attend award-winning week-long Museum School each year o 3,000 children from 17 Iowa counties participated in field trips o 4,000 children attended youth programs o 13,000 children in 17 counties served through outreach • The Grout Museum District serves the tourism industry o 87 Group tours booked in FY2010, a 35%increase from FY2009 o 3,000 group tour visitors from 35 counties and 8 states Thank you, Jane Ryan Education Assistant/Planetarium Director Grout Museum District 503 South Street Waterloo, IA 50701 Work 319-234-6357 Cell 319-215-8422 4/5/2011 Page 2 of 2 rlite Jane Ryan Education Assistant/Planetarium Director Grout Museum District 503 South Street Waterloo, IA 50701 Work 319-234-6357 Cell 319-215-8422 4/5/2011 • GALLAGHER, LANGLAS & GALLAGHER,F.C. EDWARD J.GALLAGHER,JR. ATTORNEYS AT LAW THOMAS W.LANGLAS 405 EAST FIFTH STREET E J.GALLAGHER,Ill P.O.BOX 2615 WAVERLY E WATERLOO,IOWA 50704-2615 W97 E.BREMER O AVENUE GEORGE L.WEILEIN WPHONE: ,IOWA 50677 TIMOTHY C.BOLLER PHONE:(319)352-6163 THOMAS C.VERHULST PHONE(319)233-6163 OR FAX(319)233-6435 FAX:(319)352-6164 DAVID A.ROTH LINDA A.HALL E-MAIL: EgallagherQgigtaw.net KAREN L.THALACKER EMILY A.CARR PLEASE RESPOND TO WATERLOO OFFICE April 13, 2011 Honorable Mayor and City Council City Hall Waterloo, IA 50703 Dear Mayor and Council: As chairman of the Board of Trustees of the Grout Museum District appointed by the District Court, I am compelled to weigh in on the upcoming vote of the Council on additional funds for the Grout Museum District from hotel/motel tax funds. I have been on the Board since the 1980's and have been chairman of the Trustees for many years having also served as chairman of the Governing Board. I have spent a lot of my time for many years working on Museum matters. I feel we have a dedicated staff and Board. For example, in the recent drive to raise the funds to build the Sullivan Brothers Iowa Veterans Museum Board members contributed over$1,000,000. I have been one of the instigators in building the Veterans Museum which, of course,is a part of the Grout Museum District. I am proud of that accomplishment and can unequivocally state that the Museum is the result of many years of hard work of many people. Since the Museum was opened thousands have gone through that part of the Grout Museum and not one has failed to praise the new Museum. If those who receive this letter have not gone through the Museum, I invite you to do so as my guest. We have been told it is one of the finest Veterans Museums in the country because of its many unique and interesting features. You all have seen the accomplishments of the Museum in bringing nearly eighty thousand visitors to the Grout Museum District in fiscal year 2010. These people were from twenty-seven states and five foreign countries. Two hundred fifty volunteers worked 3,100 hours during 2010 at the Grout. For many years my Family Foundation has paid the funds necessary to bring private school children to the Grout Museum school. This is a fantastic program and teaches children what they do not learn at their own school; namely, local history and the novel science programs. We had eighty-seven tours in fiscal year 2010 and are working to have even more next year. Three thousand group-tour visitors came to the Grout. These people spent money for hotels, their meals,gas and went to other attractions. The Grout Museum can't survive on admissions alone and no museum that I know of has been able to do so. Therefore,we feel the Grout should receive a substantial amount from the hotel/motel tax which can be relied upon by our Board for future budgets. Our budget now is over$1,000,000 a year. In the past we have received$30,000 a year from the city. I firmly believe that history and science are as important as the arts and the City Council for years has substantially subsidized the Arts Center in Waterloo. Certainly what the Grout Museum does is important now and will be even more so in the future. I implore you to vote affirmatively on the proposal to increase city support of the Grout Museum District through an increased percentage amount for the Grout Museum District from hotel/motel tax funds. Thank you in advance for your support in this very important matter. With kind regards,I am Very truly yours, Edward J. Gallagher, Jr. v Chairman Grout Museum District Board of Trustees EJG:nf Page 1 of 2 SUZY SCHARES To: Carolyn Cole Subject: RE: Grout Museum District From: Barbara Corson [mailto:barco37@mchsi.com] Sent: Wednesday, April 13, 2011 10:54 AM To: Carolyn Cole Subject: Grout Museum District Hello Carolyn, We have been told that you are very negative to the Grout Museum district and have accused us of whining for money for years. Since I did not hear this for myself, I am going to go ahead as if you are at least neutral. Apparently there is a concern that allocating funds to the Grout Museum District from the hotel/motel tax would open up the door for others to request. If that were to happen, there are several rationales that come to mind. Of course, the most obvious one is that the Grout Museum District is tied to the city by the Vision Iowa Funding, but beyond that, the Grout Museum district is open five days a week year round. It is not an occasional event provider. Further it is available seven days a week for special events. There has been a significant increase in the number of tours and visitors. The Grout Museum District is only asking for funding from the source it is providing funding to. For example, last weekend the Grout Museum District hosted Questers State Day, which is actually the Questers State Convention. About 140 participants came from all over the state. Over 50 of them attended a Friday night reception so they stayed overnight in one of the hotels here in downtown Waterloo. The hotel/motel tax has steadily increased so, in essence, those receiving funding from it have been receiving increasingly larger amounts of money. When the addition was built onto the Grout Museum, it was the expectation that the museum would receive some tax support because of the increase in numbers attracted to the museum. Actually it is kind of frustrating to have to beg for what we feel should be perceived as support for a very valuable community asset. Rightly or wrongly, I have always thought that one of the major responsibilities of our elected officials at any level is to allocate the tax funds. A reluctance to look at how the funds are allocated would mean that we are doomed to hang on to the status quo and never move forward. Now in regard to whining for money, you are absolutely right. Raising money is a constant concern and struggle for those supporting the Grout Museum District. We are always looking for ways to increase the endowment fund, for ways to gain additional sponsors for exhibits and events, for ways to operate the museum more efficiently. The self study for reaccreditation was completed and the site visit will be occurring in June. A strategic planning process has been completed and implemented. A goal-setting staff evaluation process has been implemented. All of these have the focus of improving the operation of the museum. We feel the Grout Museum District deserves regular support. If you are still reading, I would like to thank you for taking the time. I do realize how difficult the responsibilities of a city council person can be. Back in the day, my father was on the city council for eight years. In fact his name is one of those beside the door of the city hall as he was on that council 4/13/2011 Page 2 of 2 when the decision to build the new city hall was made. I remember his giving careful consideration to items coming before the council. Thank you for giving this matter your consideration. Barbara Corson 4/13/2011 SUZY SCHARES From: Carolyn Cole[Carolyn.Cole@vgm.com] Sent: Thursday, April 14, 2011 3:12 PM To: SUZY SCHARES Subject: FW: Support for Grout Museum District For the record. CC Original Message From: JR Burfeind [mailto:burfeind@cfu.net] Sent: Thursday, April 14, 2011 3:12 PM To: mayor@waterloo-ia.org; rigrx@aol.com; sschmitt@schmitthouse.com; david.jones.wardl @gmail.com; Carolyn Cole; harcarge@aol.com; quentin.hart@waterloo-ia.org Subject: Support for Grout Museum District I urge you to consider thoughtfully granting the Grout Museum District 5% annually from the Hotel-Motel tax revenue. We have a first-class museum district in Waterloo comprised of exceptional facilities, but we need to do a better job of marketing the district. Consistent annual support that could be targeted for expanded marketing would go a long way in reaching wider audiences and potential visitors to Waterloo and the Grout Museum District. Those visitors stay in our hotels/motels and spend money here. Often I'll hear people in the museum say "This is the best kept secret in town. " We don't want that, we want everyone to know about it and have the opportunity to visit. Our Cedar Valley has so much to offer, but the Grout Museum District tells OUR story and now also tells the story of Iowa's veterans, assist them with their ability to market this. Thank you for your consideration of this proposal. Judy Burfeind 1 Page 1 of 2 SUZY SCHARES From: Carolyn Cole [Carolyn.Cole@vgm.corn] Sent: Thursday, April 14, 2011 3:43 PM To: SUZY SCHARES Subject: FW: Grout Museum District Support For the record From: Candy Streed [mailto:CStreed@silosandsmokestacks.org] Sent: Thursday, April 14, 2011 3:42 PM To: Buck Clark; rjgrx@aol.com; sschmitt@schmitthouse.com; david.jones.wardl@gmail.com; Carolyn Cole; harcarge@aol.com; quentin.hart@waterloo-ia.org; RonWelper@gmail.corn Cc: billie.bailey@gmdistrict.org; dshort@silosandsmokestacks.org Subject: Grout Museum District Support Dear Mayor and Council Members, We fully support the Grout Museum District in receiving 5%of Waterloo's hotel/motel tax. We are proud to call the city of Waterloo our home and headquarters for the Silos&Smokestacks 37-county National Heritage Area. Our mission is to preserve and tell the story of America's agricultural and ag-industrial heritage. We do this through partnerships that celebrate the land, people and communities of the area. The Grout Museum District is a long-time, trusted Partner Site of the Silos&Smokestacks National Heritage Area (SSNHA). We have had the amazing fortune of collaborating with the Grout Museum District on many projects that share Waterloo's rich agricultural heritage with residents, Iowans, and heritage travelers from all over the nation. We are especially proud of the work of educating Waterloo's youth through Museum School. We take great comfort and pride in knowing that every 3rd grader in our city, who goes through the week long session, will know why Waterloo is special place to live and know how Waterloo has and continues to help feed the nation and world. The Grout Museum District is the "go-to" place for Waterloo history. It is evident that the City of Waterloo has made investments in the Grout over the years through competitive avenues, but your sustained support though a dedicated source would go tremendously far in stabilizing the Grout's operations from year to year. The Grout Museum District has a track record of success on a local, state, and national level, and we are confident they will be good stewards of these public funds. We are committed to our continued efforts with the Grout Museum District and other Heritage Area Partner Sites to bring heritage travelers to our region. Thank you for your consideration. We'd be happy to share other details regarding our work with the Grout Museum District. Don Short Candy Streed President Program&Partnership Director Silos & Smokestacks National Heritage Area "Where the Stang of American Apiculture Comes to Life" 4/15/2011 Page 2 of 2 Fowler Building 604 Lafayette Street Suite 202, PO Box 2845 Waterloo, IA 50704-2845 www.silosandsrnokestacks.or Office: 319.234.4567 Fax: 319.234.8228 4/15/2011 Page 1 of 1 SUZY SCHARES From: Carolyn Cole[Carolyn.Cole@vgm.com] Sent: Friday, April 15, 2011 8:12 AM To: SUZY SCHARES Subject: FW: Grout Museum District For the record. From: Ryan Malecek [mailto:rmalecek@msn.corn] Sent: Thursday, April 14, 2011 4:53 PM To: mayor@waterloo-ia.org; rjgrx@aol.com; sschmitt@schmitthouse.com; David Jones; Carolyn Cole; quentin.hart@waterloo-ia.org; ghart@hawkeyecollege.edu; ronwelper@gmail.com Subject: Grout Museum District Dear Mayor and Council Members, I am writing encourage City strict. It is one of the great treasures we have as a community. support the It does so much more than retain the istory ofrWaterloo and the Cedar Valley (which is substantial by itself). As an , I would to share a experience my xample ike has had. All Waterloo 3rd graders go through aeweek long p ogrralm at the G outpl calledaMuseum School that family focuses on the history of Waterloo. Do you know the original name of the City of Waterloo? My 3rd grade daughter who attends Kingsley does. While spending a week at the Grout, she learned so many things with hands on activities. They included: mill activities with the first settlers to assembly line activities that demonstrate our industrial heritage to discussions on our Native-American and African-American connections to a trolley ride of our community. I was amazed at what she learned and how excited she was about our heritage. Having pride and knowledge of ones home is so important. Beyond Museum School, the Grout sponsors programs of all kinds to educate all age groups that I could spend many paragraphs expanding on in detail. you know the Grout is s Renaissance projects. It adds to the desiirred development of downitown, which inturnin very cleas fists with touproximity to r mrver and community growth. As you know from the statistics that Billie Bailey and Barbara Corson have shared, the Sullivan Brothers Museum has made a very large impact on tourism in Waterloo as well. That is an example of how supporting vision and destination attractions pays off big time for a community. T the Museum part of pporting out maintaining a strong and vibrant place to Ili e.eAsua City, we need toensu e hatrstrict the work that theis anal Grout has been doing continues by recognizing its impacts with consistent financial support. I know that money is never easy to find or allocate. However, there is definitely a return on investment here that is warranted and deserved. you may have. I appreciate your support of the Grout and would welcome any questions Ryan Malecek 450 Kingbard Blvd. Waterloo, IA 319.287.5952 Grout Museum Board Member 4/15/2011 • CITY OF WATERLOO Council Communication City Council Meeting: April 18, 2011 Prepared:April 12, 2011 Dept. Head Signature: # of Attachments: 1 SUBJECT: 28E AGREEMENT WITH LA PORTE CITY Submitted by: Craig Clark Building Official Recommended City Council Action: Approval of updated 28E Agreement with La Porte City regarding inspection fee schedules and plan review services. (See attached Exhibit "A") Summary Statement Change includes scope of work for plan review and Exhibit "A" Waterloo proposed fee increase. Expenditure Required Source of Funds Policy Issue Alternative Background Information: The 28E agreement has not been updated with La Porte City since 2000. The new agreement will change the scope of work to include plan review which we have done in the past at no charge. We will now be charging for plan review and have updated the current costs for the agreement with La Porte City. RESOLUTION NO. 2011-300 RESOLUTION APPROVING 28E AGREEMENT WITH CITY OF LA PORTE CITY, IOWA AND DIRECTING EXECUTION OF SAID 28E AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the 28E Agreement dated April 19, 2011, to provide technical and professional assistance for building inspections and plan review, by and between the City of La Porte City, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 18th day of April, 2011 . ift•t(A4- Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, . CMC (Zty `Clerk �- jiy CITY OF WATERLOO �tf. S 1 O WA �y.T=��m COMMUNITY PLANNING AND DEVELOPMENT dt�'rlo0 %° 715 Mulberry Street • Waterloo, Iowa 50703-5783 • NOEL C.ANDERSON,CommunityPlannin &Development 6 Fax(319)291-4262 8 pment Director Council Communication Mayor BUCK City Council Meeting;April 18 CLARK Prepared:April 12 Dept. Head Signature: %; 011 COUNCIL # of Attachments: 7 MEMBERS DAVID SUBJECT: Approval of Contract for the Disaster Recovery Expanded Business TONES Rental Assistance Program for River Plaza Athletic Club at 10 W 4th St, in the Ward I amount of$45,153. CAROLYN COLS Submitted by: Aric Schroeder, City Planner Ward 2 Recommended City Council Action:Approval HAROLD GETTY Wards Summary Statement: The Planning and Zoning Department has received and processed 124 applications that are complete with all required documentation in QUENTIN regards to the Disaster Recovery Business Assistance Programs. We are now HART requesting pp Ward 4 a q g approval of 1 additional a lication. The additional completed application totals $45,153, which, if distributed, would leave$563,489.07 in RON remaining Disaster Recovery Business Assistance Program funds. IDED is WELPER requiring that a separate contract agreement(including a promissory note for the Wards forgivable loan amount where applicable)be executed between the City of BOB Waterloo and each of the businesses. The business with their eligible assistance GREENWOOD amounts include: 1)River Plaza Athletic Club at 10 W 4th St, $45,153. At-Large SIEVE Expenditure Required: $45,153 SCHMITT At-Large Source of Funds: CDBG Business Disaster Recovery Financial Assistance (Contract# 08-DRB-205) Policy Issue: N/A Alternative: N/A Background Information: The City of Waterloo has been awarded Community Development Block Grant Business Disaster Recovery Financial Assistance, and an agreement with the Iowa Department of Economic Development(IDED)was approved with Resolution No. 2009-814 on August 17, 2009 (contract number 08- DRB-205). That agreement provided for the setup of the Disaster Recovery Business Rental Assistance Program, allowing for tenants renting space within a CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action EmployerIII disaster impacted building up to 6 months of free rent. A business can receive up to 6 months in free rent, with a maximum amount of$50,000 in assistance given as a forgivable loan. The rent can be paid for as far back as October 2008, and if a business's assistance is for 6 previous months rent, then no promissory note is required. If the assistance is for future rent payments, the applicant's will be paid monthly based on the amount of their rent due each month. There have been several amendments to the original contract, one of which was to create the Expanded Business Rental Assistance Program, which provides assistance in the form of reimbursement for up to 75% of replacement costs associated with machinery and equipment, inventory, office equipment, and furniture physically damaged by the 2008 flood. Awards are not to exceed$300,000 per business. AS:SG cc: Noel Anderson,Community Planning&Development Director Shane Graham,Planner II RESOLUTION NO. 2011-301 RESOLUTION APPROVING CONTRACT FOR THE DISASTER RECOVERY EXPANDED BUSINESS RENTAL ASSISTANCE PROGRAM WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND DIRECTING EXECUTION OF SAID CONTRACT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Contract dated April 18, 2011, for the Disaster Recovery Expanded Business Rental Assistance Program with the following business : River Plaza Athletic Club, 10 West 4th Street $45, 153 . 00 by and between the Iowa Department of Economic Development (CDBG Contract #08-DRB-205) and the City of Waterloo, Iowa, be and the same are hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 18th day of April, 2011 . Le.e1;?/a6Y E nest G. Clark, Mayor ATTEST : uzy Sch res, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting:April 18, 2011 Prepared: April 12, 2011 Dept. Head Signature: S.G. # of Attachments: SUBJECT: 2011 Iowa Solid State Street Lighting Grant Application Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve Resolution Summary Statement To apply for a grant to replace approximately 6 to 8 HPS street lights with LED fixtures. Expenditure Required: $5,000.00 Source of Funds: MidAmerican Energy grant for Iowa solid state street lighting projects. Policy Issue Alternative Background Information: LED lights are energy efficient. They will lower the City's energy costs. Purchase prices are still too high to make them cost effective, however the grant would pay for the purchase costs. RESOLUTION NO. 2011-302 RESOLUTION APPROVING APPLICATION WITH MIDAMERICAN ENERGY FOR A 2011 IOWA SOLID STATE STREET LIGHTING GRANT, IN THE AMOUNT OF $5, 000 . 00, AND DIRECTING EXECUTION OF SAID APPLICATION BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the application dated April 18, 2011, for a 2011 Iowa solid State Street Lighting Grant, in the amount of $5, 000 . 00, with no required local match, to be used for the replacement of approximately six to eight HPS street lights with LED fixtures, by and between MidAmerican Energy and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 18th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sc res, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting:April 18, 2011 Prepared:April 13, 2011 Dept. Head Signature: Sandie Greco # of Attachments: 1 SUBJECT: Iowa DOT Traffic Safety Grant Agreement for University/63 Intersection Submitted by: Sandie Greco Recommended City Council Action: Approve agreement between City and DOT for the traffic safety grant and authorize the mayor to sign it. Summary Statement The agreement covers the use of grant for improvement at US 63 and University Avenue. Expenditure Required The subject of this agreement is construction costs and is$63,000. Source of Funds State TSIP grant covers 100% of the costs. City is responsible for design and inspection which are not subjects of this grant agreement. Policy Issue Alternative Background Information: Intersection of University Avenue and US 63 experience some sever crashes. There has been a recent fatal accident. Geometric design and signalizations will be modified to enhance traffic safety. City is responsible for engineering work including design and inspection. Cost of engineering work is not included in the agreement and will have to be covered using City funds estimated at$16,000. CITY OF WATERLOO Council Communication City Council Meeting:April 18, 2011 Prepared:April 13, 2011 Dept. Head Signature: Sandie Greco # of Attachments: 1 SUBJECT: Traffic Safety Grant Agreement with Iowa DOT for Six Intersections Submitted by: Sandie Greco Recommended City Council Action: Pass resolution approving grant agreement and authorize the mayor to sign it. Summary Statement The agreement is for traffic safety improvement at six high hazard locations using cost effective methods. Expenditure Required $71,000 (100%reimbursable, no City match is required) Source of Funds State TSIP fund grant Policy Issue Alternative Background Information: Countermeasure to improve safety will be carried out at six locations by Traffic Operations personnel. Grant will cover the cost of material and equipment.Traffic Operations Department will be carrying out the modifications.The locations have already been studied by Traffic Operations and DOT-approved improvements have been designed. These cost effective high impact traffic safety improvements will be implemented at Bluff/Washington Street signalized intersections W.6t Street to Park Avenue, San Marnan and Shopper's Boulevard, University Avenue and Ansborough Avenue, US 63 and US 218 off ramp, and W. Park Avenue and Commercial Street. RESOLUTION NO. 2011-304 RESOLUTION APPROVING AGREEMENT WITH IOWA DEPARTMENT OF TRANSPORTATION AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY. OF WATERLOO, IOWA, that the Agreement dated April 18, 2011, for Traffic Safety Improvement Program Funding in the amount of $71; 000 : 00, with no local match, for traffic safety improvements at the intersections of Shoppers Boulevard and San Marnan Drive; West Park Avenue and Commercial Street; U. S. 218 and Hawthorne Avenue; U. S . 63 and U. S . 218 off-ramp; Bluff Street and West 6th Stree iand University Avenue and Ansborough Avenue, by and between the Iowa Department of Transportation and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloos Iowa. PASSED AND ADOPTED this 18th day of April,. 2011. Ernest G. Clark, Mayor ATTEST:. Suzy Sc res, CMC City Clerk -= CITY OF WATERLOO , IOWA iglaWrikz 111y.)Airi CITY CLERK AND FINANCE DEPARTMENT �' Tim 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4323 Fax(319)291-4571 � SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer dterloo \o Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: April 18, 2011 MEMBERS Prepared: April 12, 2011 Dept. Head Signature: dr- c!liL_,(,c1 Number of Attachments: 1 DAVID JONES Ward SUBJECT: Approval of the use of Tax Increment Financing funds to cAROIVN make an economic development grant in the amount of $80,000 to Failor Hurley COLE Properties, LLC in the Martin Road Urban Renewal Tax Increment Financing Ward2 District. HAROLD Submitted by: Michelle C. Weidner, Chief Financial Officer GETTY Ward 3 Recommended City Council Action: Planning is requesting that a resolution QUENTINM. authorizing the use of Martin Road Tax Increment Financing funds to make an HART economic development grant in the amount of $80,000 to Failor Hurley Ward 4 Properties, LLC for the construction of a building in the Martin Road TIF District RON be approved. WEEPER Ward 5 Summary Statement: BOB Expenditure Required: $80,000 GREENWOOD At-Large Source of Funds: Tax Increment in the Martin Road Urban Renewal STEVE Tax Increment Financing District SCHMITT Al-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 MARTIN ROAD 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 Martin Road Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the acquisition of real property for future development of the Martin Road Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution No. 2011-237 adopted on March 28, 2011, approved and authorized execution of a grant to Failor Hurley Properties, LLC as an incentive to construct a 3,520 square foot building valued at $260,000 on property located in the Martin Road Urban Renewal Area (the "Project"); 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 equals $80,000.00. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: . c ,ho .,L 1OS Section 1. Pursuant to Ordinance No. there h been established the Martin Road Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Martin Road 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. - 1 - Section 2. It is hereby directed that $80,000.00 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. 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 , 2011. 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 , 2011. City Clerk, Waterloo, Iowa SEAL RESOLUTION NO. 2011-305 RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE MARTIN ROAD 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 Martin Road Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the acquisition of real property for future development of the Martin Road Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution No. 2011-237 adopted on March 28, 2011, approved and authorized execution of a grant to Failor Hurley Properties, LLC as an incentive to construct a 3, 520 square foot building valued at $260, 000 on property located in the Martin Road Urban Renewal Area (the "Project") ; 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 equals $80, 000 . 00 . NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1 . Pursuant to Ordinance No. 4204 and amended by Ordinance No. 4708, there has been established the Martin Road Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund) , into which all incremental property tax revenues received from the Martin Road 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 $80, 000 . 00 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest . Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403. 19 . 1 Resolution No. 2011-305 Page 2 PASSED AND ADOPTED this 18th day of April, 2011 . „1-$ V avid Ernest G. Clark, Mayor ATTEST: Suzy chares, CMC City Clerk Y Resolution No. 2011-305 Page 3 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 18th day of April, 2011 . Suzy Scl ares, CMC SEAL City Clerk 4 �;;� CITY OF WATERLOO , IOWA dVMIIP COMMUNITY DEVELOPMENT .1%T q1 620 Mulberry Street,Carnegie Annex • Waterloo, IA 50703 • (319)291-4429 Fax(319)291-4431 drerloo �o Mayor CITY OF WATERLOO BUCK CLARK Council Communication COUNCIL City Council Meeting: April 18, 2011 MEMBERS Prepared: April 13, 2011 Dept. Head Signature: # of Attachments: 1 bid tab DAVID JONES SUBJECT: 172-D-GO-o4-18-11, Demolition and Site Clearance Ward! n l) CAROLYN Submitted by: Louis Starks, Contracts and Grants Coordinator / r` COLE Ward 2 Recommended City Council Action: Authorize Award and Execution of the HAROLD Contract to Frickson Brothers Excavation not to exceed the $89,900.00, GETTY which is the aggregate of the base and alternate bid. Ward 3 Summary Statement: Staff received a total of five (5) bids, the base, alternate QUENTIN M. and total amounts are reflected in the attached bid tab. Frickson Brothers HART 4 P y on Excavati is the lowest bidder. Property addresses are: Ward RON 233 Ash St., 325-27 Clay St., 425 Clay St., 1121 South St., 1309 W. 2nd St., 720 W. War WELPER Park St., 411 Wellington St., 121 Cutler St., 1555 Newell St.,32o E. 1st. Street, 326 Center Street and Alternate: 715 Vinton Street BOB GREENWOOD Expenditure Required: Not to exceed the aggregate of the base and alternate At-Large bids: $89,900.00 STEVE SCI MITT Source of Funds: General Obligation At-Large Policy Issue: Housing Alternative: None Background Information: The sites were acquired primarily through the use of the 657A process. The structure at 1555 Newell is a garage; costs will be assessed against the owner. The structure at 715 Vinton was the scene of a fatal fire; the owners were uninsured. CITY WEBSITE: www.cityofwaterlooiowa.com EQUAL HOUSING WE'RE WORKING FOR YOU! oPPORTuNITV An Equal Opportunity/Affirmative Action Employer )=7z til `" t0 tit •T m yyr yny ex yn n z � x coJ C. 7: tT7 � y%C � Y7O f n zrn YO > � � � Oz z z p m � - n ORo O � tt BY c� r O . =Y Yn YO y z 1- O ril y z o �°7-11-3y L O n lt 7Y u z n y Re cA co o > ti c o Z" co c� a - a o n z 2 0 0 rl c� z y D z 3 d rt CD CO Q lA l^ '^ CO �l V T �T 1 1 ffl - {A Cl) N) _` O 00 --L. - 00 CD o ' CD Cn co N _ co � 0 O Cn Z b N O a o 6) 0 O O 0 O C3� O O Q DH o O Q 0 O O OO OI -P 0 O .. W CO CO 0 bi 0 D P . o 0 -I , Vl co co ^^ a) O C0 In N O W CD 0 0 0 0 0 0 0 0 0 0 O O O O 0 0 {4 co Eft Eft N co _L a) 00 O co _1 _\ CO CO Gl b O UNi n J N Co o 0 p 01 O O 0 O p O O O O 0 RESOLUTION NO. 2011-306 RESOLUTION MAKING AWARD OF CONTRACT TO FRICKSON BROTHERS EXCAVATING OF EVANSDALE, IOWA, IN THE AMOUNT OF $89, 900 . 00, IN CONJUNCTION WITH THE DEMOLITION AND SITE CLEARANCE PROJECT, CONTRACT NO. 172-D-GO-04- 18-11, FOR THE FOLLOWING PROPERTIES: 233 ASH STREET; 325-327 CLAY STREET; 425 CLAY STREET; 1121 SOUTH STREET; 1309 WEST 2ND STREET; 720 WEST PARK STREET; 411 WELLINGTON STREET; 121 CUTLER STREET; 1555 NEWELL STREET; 320 EAST 1ST STREET; 326 CENTER STREET; AND ALTERNATE ADDRESS OF 715 VINTON STREET. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Frickson Brothers Excavating of Evansdale, Iowa, in the amount of $89, 900 . 00, in conjunction with the Demolition and Site Clearance Project, Contract No. 172-D-GO-04- 18-11, for the following properties : 233 Ash Street; 325-327 Clay Street; 425 Clay Street; 1121 South Street; 1309 West 2nd Street; 720 West Park Street; 411 Wellington Street; 121 Cutler Street; 1555 Newell Street; 320 East 1st Street; 326 Center Street; and alternate address of 715 Vinton Street, described in the plans and specifications heretofore adopted by this Council for said project in Resolution No. 2011-272, after public hearing on April 11, 2011 on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council . PASSED AND ADOPTED this 18th day of April, 2011 . 464-t- Ernest G. Clark, Mayor ATTEST: 5Uzy Schatres, CMC City Clerk CITY OF WATERLOO , IOWA wTi ri! �.,... COMMUNITY PLANNING AND DEVELOPMENT m 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 reri00 NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: April 18, 2011 4 5 J ?°(( BUCK Prepared: April 13, 2011 CLARK p p Dept. Head Signature: Aric Schroeder., #of Attachments: , COUNCIL MEMBERS SUBJECT: Request to set a date of public hearing to approve a 4-year farm DAVID lease with Michael Cook to farm 9 acres along the north side of Martin Luther JONES King, Jr. Drive, east of the City View Heights Neighborhood, and west of the Ward/ Northeast Industrial Park, at$95.00 per acre with a yearly rental amount of CAROLYN $855.00 COLE Ward 2 Submitted by: Aric Schroeder, City Planner HAROLD GETTY Recommended City Council Action:Approval Ward 3 Summary Statement: Transmitted herewith is the request that the City approve a QUENTIN lease agreement with Michael Cook to farm approximately 9 acres of land(see HART Ward 4 attached legal description and map) on land west of the Northeast Industrial area, most specifically along Martin Luther King Jr. Drive, and a small parcel to the east RON of the City View Neighborhood. Mr. Cook agrees to pay the City $95.00 per acre Wds R for the use of the said land, which equals out to $855.00 per year,with the term beginning upon City Council approval. Mr. Cook has requested to rent the land for BOB a multi-year timeframe, which would mean he would farm the ground in 2011, GREENWOOD 2012, 2013 and 2014, if approved. Staff recommends that if a lease with Mr. Cook At-Large is approved for the 4-year timeframe, that the ending date of the tenancy be STEVE December 31st, 2014. In the past, Mr. Cook has paid for his land rent in December SCHMITT of each year, and he still intends to make his payments in that month as he has At-Large done in the past. In previous years, the rent per acre of the land in question has been$90.00, however,the City and Mr. Cook have come to the agreement to increase that amount by $5.00 to $95.00 per acre. The City believes the rental amount is a fair asking price based on the low quality of the farmland in question. Therefore, staff would request that the City Council set a date of public hearing and publish a pertinent notice for the request to enter into a 4-year lease agreement with Michael Cook, with the term of the tenancy beginning upon City Council approval in 2011, and the lease expiring on December 31, 2014. Expenditure Required: None. CITY WEBSITE: www.cFOR rbo.ia.us WE'RE WORKING FOR YOU! 111 An Equal Opportunity/Affirmative Action Employer r Source of Funds: N/A Policy Issue: Property Management Alternative: Background Information: Michael Cook has farmed the ground in question in the past. Staff would consider the land that Mr. Cook is farming as low quality farmland, and believes the proposed rental amount is fair. Mr. Cook has noted that the ground in question remains wet for most of the growing season, and the soil is sandy in some locations, resulting in lower yields. Legal Description: The East 1.81 acres of the Northeast Quarter of Section No. 19, except the North 1326.4 feet thereof, and the West One-half of the Northwest Quarter of Section No. 20, except the West 194.4 feet of the North 1326.4 feet thereof;All in Township 89 North Range No. 12 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, State of Iowa, and The North 145 feet of Block 34 of City View Heights, all in the City of Waterloo, Black Hawk County, State of Iowa, and A parcel of land located in Blocks 46, 47, 48,49 and 50 in City View Heights in the City of Waterloo,Black Hawk County, Iowa,more particularly described as follows: Beginning at the Southeast corner of said Block 48; thence South 88°43'55"West on the South line of said Blocks 48 and 47 a distance of 617.79 feet(618.08 feet record)to the Southwest corner of said Block 47;thence North 01°05'55"West on the West line of said Block 47 a distance of 289.27 feet;thence Northeasterly on a 2206.83 foot radius curve concave Northwesterly and having a 339.11 foot long chord bearing North 61°06'51" East a distance of 339.44 feet(Arc length)to the East line of said Block 46;thence North 36°45'49" East a distance of 76.79 feet; thence North 40°54'02"East a distance of 166.38 feet; thence North 54°48'42" East a distance of 194.28 feet to the East line of said Block 50; thence South 00°58'37"East on the East line of said Blocks 50, 49 and 48 a distance of 738.70 feet to the point of beginning. ta:AS cc: Noel Anderson,Community Planning&Development Director file— • .,t- . ' _74-0- ,l'-r'''.., ' ' , ,,,t,',„4-_,-. 14„ ,„ _%.4,--):, -,47:: A t . Farm Land Lease - Mike Cook 7t bk r yrpy�� �a� ,#+i„ t. a. t ,lam- 411 4 ix �3kM 2 P ' ` @MbHeights Subdivision Y :. ; r 4 4n • T t'44)tf ! f PTC } { 1 3, 4. Yaw ,• k�¢ �„,r a : s -- P�� ;ma r..:,.-,bik (74,i.,'..,F,;i,.:rgkAit.. ,g'i, ' vii 0.5 Acres ' ..: - \s -: r 04 e 5.5 Acres A-1 % i Y 3.0 Acres ..! . i•, t - '° Ra` " ate A_r - irk `- , 'q} y' :1 c l l e .may}� .:. of 't �^E �..k w E = '., ! +ram. I. S , s 4144- . fi +'c1' am• l I •;-� --�j ♦N} 1, 1« h_ 1: 11 s S �' ,l�e b t� •} SI 7, �V^ 'x ° e. .''ky:' x"t ary u f �' •. yi E - ; c - w6 .:t ! _a: ;- �k+ ♦" .`3 1 ., ' S 3. ',.f ',SR,,..71., ` i$ �s.. •'� a x - . Lar- Sr': 4:: k J 9 .7 r .. F z 'i:'4 Tv x9 , r 1" t 1 � i� 1 ` • 5- .+k[ {� ,rya _ .. sta - mod• �.icar F* u' r r . .,„ ,. '� w ,.-,. gym.",T. H �• r 300 150 0Ye' 5 ., a A me `per+. > yM��/�1,,�- ,. < :rtt 5e. '.. �r.. ,-AK Y f.',_5 4 4 x .' f --~ -a i ..- ' V...., \c`v� Ff i'h .-:z" 1 0, k ti xTt- 9,l'^ _ .tea' i _ .. _3ieit@`.'.- r -.246-., '.3;'. CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY-OWNED PROPERTY This Agreement made and entered into this day of 2011, by and between the City of Waterloo,Iowa(hereinafter referred to as"City"),and/D/41-h9Fx- ,f L (hereinafter referred to as "Lessee"). 1.The City agrees to allow the Lessee to use and occupy City property generally located between South View Drive and Willow Street, north of Martin Luther King Jr. Drive,and legally described in Exhibit"A"attached here to and made a part here of by this reference. 2.The City agrees to allow the Lessee to use and occupy the aforementioned City property for a term commencing on the day of ,2011,and terminating on the 31st day of December 2014. The Lessee agrees to pay the City$855(9 acres @$95.00 per acre)per year,for use of said City property during said term. 3.The City may terminate this agreement upon thirty(30)days'written notice if the City needs the use of said City property for its own purposes. As the applicant is using the land for crop production,the City would need to reimburse the lessee for any crops in production at the time of termination. Lessee may terminate this Agreement upon thirty(30)days'written notice to the Waterloo Community, Planning,and Development Department. The full amount of the payment is due,and no annual amount would be refunded if termination were to occur within the lease period. 4.In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability,claims,actions, causes or action,and/or damages which may arise or allegedly arise out of Lessee's use of the aforementioned City property,either to the City's property,or to any other person who may claim injury by and/or through,as a result of the alleged activity on City's property as aforesaid. Lessee further agrees to indemnify and hold the City harmless for any and all damages or injury,which may occur to Lessee's livestock as a result of the alleged activity on City's property as aforesaid. Lessee further aggress to indemnify and hold the City harmless for any and all damages or injury which may occur to Lessee's livestock as a result or consequence of the use of the City property. 5.This agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms or conditions of this Agreement will be in any manner modified,waived,or abandoned,except by written instrument duly signed by both parties and delivered to the City and the Lessee. This occupancy agreement and the terms and conditions herein apply and are binding on the legal representative,and successors and assigns of both parties. EXECUTED THIS DAY OF ,2011 CITY OF WATERLOO LE�4 APPROVED BY: BY: � � Ernest G.Clark,Mayor ATTEST: Suzy Schares,City Clerk CITY'S ACKNOWLEDGMENT STATE OF IOWA, COUNTY,SS: On this day of ,AD 2011,before me,the undersigned, a Notary Public in and for said County, in said State, personally appeared and to me personally known,who,before by me duly sworn,did say that they are the MAYOR and CITY CLERK, respectively,of said City executing the within and foregoing instrument to which this is attached,that the seal affixed thereto is the seal of said City;that said instrument was signed and sealed on behalf of said City by authority of it's City Council;and that the said MAYOR and CITY CLERK,acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public in and for said County This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-307 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON THE PROPOSED LEASE AGREEMENT WITH MICHAEL COOK TO FARM CITY- OWNED LAND LOCATED BETWEEN SOUTH VIEW DRIVE AND WILLOW STREET, NORTH OF MARTIN LUTHER KING JR. DRIVE, AS MAY 2, 2011, AT 5: 30 P.M. IN THE CITY HALL COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING THE CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5: 30 p.m. on the 2nd day of May, 2011, for the purpose of considering and acting upon the proposed Lease Agreement with Michael Cook, at a cost of $95 . 00 per acre for a total of $855. 00 per year, to farm approximately 9 acres of city-owned land generally located between South View Drive and Willow Street, north of Martin Luther king Jr. Drive, for the period May 2, 2011 through December 31, 2014 . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 18th day of April, 2011 . tej rnest G. Clark, Mayor ATTEST : Suzy c ares, C City lerk , CITY OF WATERLOO , IOWA „qtrA400 COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 d1.er100 NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: April 18, 2011 -16 /?3/X ( BUCK Prepared: April 13, 2011 CLARK Dept. Head Signature: Noel Anderson #of Attachments: `,t, COUNCIL MEMBERS SUBJECT: Request to set the date of public hearing as May 23, 2011 on final DAVID selection of route and authorization to acquire or condemn necessary property JONES required for the West Shaulis Road/Ansborough Avenue reconstruction 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 set the date of public Ward 3 hearing as May 23, 2011 on final selection of and authorization to acquire or condemn necessary property needed for the West Shaulis Road/Ansborough QUENTIN Avenue reconstruction ro ect(IDOT# STP-U-8155 711 70-07 Currently, HART p �• C } Ward 4 City staff is in the process of working with property owners that would be impacted by the roadway project to obtain necessary temporary easements, RON permanent easements and right-of-way that are needed. WELPER Ward 5 At the May 23, 2011 Public Hearing, it will be necessary for the City Council to do BOB the following: GREENWOOD At-Large > Adopt a resolution making the final section of the roadway route and the STEVE necessary property interests for the project. SCHMITT > Adopt a resolution finding that there exists a reasonable expectation that At-Large the City will be able to achieve its public purposes through the project, to comply with applicable standards, and to obtain necessary permits. > Adopt a resolution establishing the amount of Just Compensation for each property included in the project. > Adopt a resolution authorizing that offers be made to acquire necessary property interests and that efforts be made to negotiate acquisitions. ➢ Adopt a resolution authorizing the use of eminent domain procedures to acquire necessary property interests if negotiations are unsuccessful. The City would like to let bids for this project this fall so that the project can begin in the spring of 2012. In order for the Iowa Department of Transportation to certify this project, either all necessary right-of-way and easements need to be CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer A r obtained, or a condemnation hearing date needs to be set. It is the goal of staff that this project not proceed to condemnation procedures, as extra expenses would be incurred by both the City and property owner. Staff will continue to make good faith efforts to negotiate with each property owner involved to avoid going to eminent domain procedures. It is important that a condemnation date be established as soon as possible, rather then waiting longer and then setting the date after negotiations possibly fail. Doing so would delay the project even more. Expenditure Required: None Source of Funds: N/A Policy Issue: Transportation, Economic Development, Land Use Alternative: 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,Ciry Engineer Jeff Bales,Associate Engineer Jim Walsh,Legal Chris Wendland,Legal -file— �< make j . 'i .,, .. 1 ;� ;k� S '� XT� �'' J ss 13 !!+ t r \q +- I 4N'i{', r+ r' fttt� f -.5 .- Z r - .ice; O rile. i'[i 4 / ''I ,. N 1 L C +n P i4 E I , r See: ` ae Jr3^. . ,M� —� r •`J i ;• i ._ __,:: r,:,.,..„:„,..,.. ,,f...,:.„ t av, ,--,- D e f , - �, p ( ,72.--.,_' ," F, %%711.7 . ... Ti.:.,,.454.41u,. . 11-Y _c i + -- t � "- 0) i.i. =R ;$ o { c E '1"°'._ , ' `sue ,„ p ,g��g O4 '4.. A... at 4 X .'+ i r. a :- ,, O `� , : ` 3 I� ti ' _ ter , • ;rk� Ste. .r. 1 MI 2 FPJ {I Th. -[Y.a. ''I j f R l.. ? O• , . -Da � � * • Qc E • - is ��� / s •-, •: , , ._.... ._..:.. . . ....._„. ,•:_is. ph. .1 -any.y6naogsuy �� �= ;i• • �; , -7 1 I .r1 A : .- •••••.\\•:=1 1 / ; • -•r,--7--...., °,- a - - l'....-...-',.--,;:.,-,--':•',:--r1-i,:-'---:„'-',:---:--- -- ---:-- ' - - qs. RESOLUTION NO. 2011-308 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON FINAL SELECTION OF ROUTE AND AUTHORIZATION TO ACQUIRE OR CONDEMN NECESSARY PROPERTY REQUIRED FOR THE WEST SHAULIS ROAD/ANSBOROUGH AVENUE RECONSTRUCTION PROJECT, AS MAY 23, 2011, AT 5: 30 P.M. IN THE CITY HALL COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING THE CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 23rd day of May, 2011, for the purpose of considering and acting upon final selection of route and authorization to acquire or condemn necessary property required for the West Shaulis Road/Ansborough Avenue Reconstruction Project . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA., that the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 18th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Clerk W .1i, CITY OF WATERLOO , IOWA G m COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dter100 N0 NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: April 18, 2011 BUCK Prepared: April 13, 2011 CLARK Dept.Head Signature: L #of Attachments: 3 COUNCIL MEMBERS SUBJECT: Request to accept the 2010 Historic Preservation Commission Annual Report. DAVID JONES Submitted by: Aric Schroeder, City Planner Ward 1 CAROLYN Recommended City Council Action: Accept and sign 2010 Historic Preservation COLE Commission Annual Report. Ward 2 Summary Statement: The annual report notes the actions and activities of the Historic HAROLD Preservation Commission for 2010.Actions included granting Certificates of GETTY Appropriateness for homeowners to make physical changes to homes in a locally Ward 3 designated historic neighborhood as well as noting activities such as the annual Historic QUENTIN Preservation Awards banquet and an educational seminar organized by the Historic HART Preservation Commission. Ward 4 Expenditure Required: None RON WEEPER Source of Funds:N/A Ward 5 BOB Policy Issue: Historic Preservation GREENWOOD At-Large Alternative: STEVE Background Information: The Historic Preservation Commission promotes and assists SCHMITT preservation efforts within the City of Waterloo. Currently there is one locally At-Large designated historic district known as the Highland Park Historic District. Most routine activities are based around this district. In addition,the Historic Preservation Commission facilitates other activities such as the annual Historic Preservation awards and setting up informational training sessions for the public. cc: Noel Anderson,Planning Director CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 1111 An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 2011-309 RESOLUTION APPROVING THE IOWA CERTIFIED LOCAL GOVERNMENT 2010 ANNUAL REPORT TO BE FILED WITH THE STATE HISTORICAL PRESERVATION OFFICE AND DIRECTING EXECUTION OF SAID REPORT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Iowa Certified Local Government 2010 Annual Report of the City of Waterloo, Iowa, to be filed with the State Historical Preservation Office, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 18th day of April, 2011 . Er st G. Cl rk Mayor ATTEST: Sizzy ch f res, CMC City Clerk Council Communication City Council Meeting: April 1 2011 Prepared: •pril 5, 2011 Dept. Head Signature: A t s4 Number of Attachments: None SUBJECT: Black Hawk County Gaming Grant Application Amendment for Interior Improvements, Equipment and Furnishings for the Public Market Submitted by: Mayor Clark Recommended City Council Action: We recommend that the City council approve an amendment to the application to the Black Hawk County Gaming Association for interior improvements, equipment and furnishings for the Public Market in the total amount of $431,037 and that Resolution 2011-192 be rescinded. Summary Statement: As you may know, we were planning to make some of the interior improvements and energy efficiency upgrades needed using federal grant funds received through the US Department of Energy. We were informed recently that we needed to obtain approval from the State Historical Preservation Office to use these funds. They have not approved some of the changes at this time. Because we are concerned about the amount of time we'll need to complete the amendment process with the Department of Energy, we think it's more practical to identify a different source of funding for those improvements. Therefore, we are requesting approval to apply to the Black Hawk Gaming Association for that funding, as outlined in the attached letter. Expenditure Required: None Source of Funds: N/A Policy Issue: None Alternative: Background Information: The CAT grant that was used for the roofing and mechanical improvements requires that a food market be operating in the Public Market building by September 2011. These improvements are necessary to meet that deadline and retain the CAT funding. RESOLUTION NO. 2011-310 RESOLUTION APPROVING AMENDMENT TO APPLICATION TO THE BLACK HAWK COUNTY GAMING ASSOCIATION FOR GRANT FUNDING AND DIRECTING EXECUTION OF SAID AMENDMENT BY MAYOR, AND RESCINDING RESOLUTION NO. 2011-192 IN ITS ENTIRETY. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the amendment to the application for grant funding in the amount of $431, 037 . 00, for interior improvements, equipment and furnishings for the Public Market, by and between the Black Hawk County Gaming Association and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. BE IT FURTHER RESOLVED, that Resolution No. 2011-192, be and the same, hereby rescinded in its entirety. PASSED AND ADOPTED this 18th day of April, 2011 . nest G. Clark, Mayor ATTEST: Suzy Sc ar.es, CMC City Clerk CITY OF WATERLOO f Council Communication City Council Meeting: April 18, 2011l rr(P011 Prepared: April 12, 2011 Dept. Head Signature: Sandie Greco # of Attachments: 1 SUBJECT: Ordinance Change — Speed Limits on Burton Ave. Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve Ordinance Summary Statement Change speed limit from 25 MPH to 30 MPH on Burton Ave. from W. Parker St. to Conger St. and post 25 MPH speed limit on Burton Ave. from Conger St. to Park Rd. Expenditure Required: Source of Funds: Policy Issue Alternative Background Information: Burton Ave. is no longer considered a school zone as the building has been demolished. The speed limit should be 30 MPH as it is from Midland to W. Parker. Burton Ave. between Conger St. and Park Rd. should be 25 MPH because of the park, crosswalk and ball diamonds. ORDINANCE NO. AN ORDNANCE AMENDING THE 2008 TRAFFIC CODE BY REPEALING SUBSECTION (7) BURTON AVENUE OF SECTION 541, INCREASING SPEED LIMITS IN CERTAIN AREAS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION (7) BURTON AVENUE OF SECTION 541, INCREASING SPEED LIMITS IN CERTAIN AREAS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (7) Burton Avenue of Section 541, Increasing Speed Limits in Certain Areas, of the 2008 Traffic Code, is hereby repealed in its entirety; that a new Subsection (7) Burton Avenue of Section 541, Increasing Speed Limits in Certain Areas, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: (7) Burton Avenue - from north city limits to 1500 feet north of Airline Highway 45 mph from 1500 feet north of Airline Highway to Airline Highway 35 mph from Airline Highway to Midland Drive 45 mph from Midland Drive to Conger Street 30 mph from Conger Street to West Park Road 25 mph PASSED AND ADOPTED by the City Council this day of , 2011, and approved by the Mayor this day of , 2011. Ernest G. Clark,Mayor ATTEST: Suzy Schares, City Clerk STATE OF IOWA, } I do solemnly swear that the annexed copy of legal Black Hawk County, SS City of Waterloo Ordinance 5043 Notice was published in the Courier, a daily publication printed in Waterloo, Black Hawk County, Iowa, 1 time commencing on the 28th day of April, 2011 in the name of said newspaper, and that the annexed legal rate of advertised is the regular rate of ORDINANCE O.5043 said newspaper, and that the following is a correct bill AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY REPEALING for publishing said notice. SUBSECTION(7)BURTON AVENUE I OF SECTION 541,INCREASING 1 SPEED LIMITS CERTAIN AREAS; AND ENACTINGN IN LIEU THEREOF A D Q C NEW SUBSECTION(7)BURTON AVE- NUE Printer's Bill $15.95 D SECT LIMITSION 541,T INCREASINGSPEE AIN AREAS. BET ORDAINED BY THE CITY COUN- CILOF THE CITY OF WATERLOO, IOWA: That Subsection(7)Burton Avenue of Signed Section 541,Increasing Speed Limits in Certain Areas,of the 2008 Traffic Code, is hereby repealed in its entirety;that a new Subsection(7)Burton Avenue of Section 541,Increasing Speed Limits in i] Certain Areas,of the 2008 Traffic Code, Subscribed and sworn to before me this J is hereby enacted in lieu thereof as follows: (7 Air Burton anue t • from north city limits to 1500 feet north mphf Da of / from e1 Highway ap -A.D., 20 from 1500 feet north of Airline Highway J to Airline Highway 35 mph p! from Airline Highway to Midland Drive ?`, from Midland Drive to Conger Street ph O la t'ii Z from Conger Street to West Park Road • F.... ,.,... J _._mh INTRODUCED: Apn11252011 I Notary Public PASSED 1ST CONSIDERATION: Ail 18, PASSED 2ND CONSIDERATION:2011 April 18,PASSED 3RD CONSIDERATION;Ail 18,2011 2011 Received of PASSED AND ADOPTED by the City Council of the City of Waterloo,Iowa,on the 18th day of April,2011,and approved by the Mayor on the 18th day of April, 2011. • Ernest G.Clark,Mayor ATTEST: the sum of I Suzy Scharer,CMC City Clerk Dollars. In full for publication of the above notice. ORDINANCE NO. 5043 AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY REPEALING SUBSECTION (7) BURTON AVENUE OF SECTION 541, INCREASING SPEED LIMITS IN CERTAIN AREAS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION (7) BURTON AVENUE OF SECTION 541, INCREASING SPEED LIMITS IN CERTAIN AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Subsection (7) Burton Avenue of Section 541, Increasing Speed Limits in Certain Areas, of the 2008 Traffic Code, is hereby repealed in its entirety; that a new Subsection (7) Burton Avenue of Section 541, Increasing Speed Limits in Certain Areas, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows : (7) Burton Avenue - from north city limits to 1500 feet north of Airline Highway 45 mph from 1500 feet north of Airline Highway to Airline Highway 35 mph from Airline Highway to Midland Drive 45 mph from Midland Drive to Conger Street 30 mph from Conger Street to West Park Road 25 mph INTRODUCED: April 18, 2011 PASSED 1ST CONSIDERATION: April 18, 2011 PASSED 2ND CONSIDERATION: April 18, 2011 PASSED 3RD CONSIDERATION: April 18, 2011 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 18th day of April, 2011, and approved by the Mayor on the 18th day of April, 2011. ',441 fegi7 Er est G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5043, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 18th day of April, 2011 . Witness my hand and seal of office this 18th day of April, 2011. SEAL Suzy Schares, CMC City Clerk rsEP A'ejghborhood Open Letter to the Waterloo City Council April 18'n,2011 I do not know how often you get to hear it but I wanted to come and say"Thank you". Thank you for listening and having the courage to join your voice with ours by voting no to the liquor licensing in the Common Grounds Neighborhood. Even when you knew that the State would grant it, you had the courage to say, "This is our city,NO!" Thank you for caring about the impact of the alcohol density, abuse, crime, and the negative impact these establishments breed and bring to a neighborhood. Thank you for voting to help us maintain our struggle to preserve and enhance the quality of life in our neighborhood. Thank you for hearing us when we told you we wanted to continue the quality of life for our children and a safer neighborhood for our children...the future doctors, lawyers, judges, president, scientists, community leaders, architects, bankers and much more that our children can and will be. These establishments in an over saturated, poor area, we all know, do nothing but minimize the potential and kill our children's dreams and safety. Thank you for giving us a glimpse of hope. We have been broken and bruised, but we will continue to strive to empower ourselves to fight for a better and safe neighborhood. Thank You! Thank you! Thank you! Respectfully, Common Grounds Neighborhood Association CITY OF WATERLOO , IOWA �L,��►%% HUMAN RESOURCES DEPARTMENT - 'T~�rp 620 Mulberry Street • Waterloo, IA 50703 • (319)291-4303 Fax(319)291-4569 ROBERT C.STRINGER • Human Resources Director drerloo vo April 7,2011 Mayor BUCK CLARK COUNCIL TO: Honorable Mayor&City Council MEMBERS We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible, based upon the examination process as set forth by the Civil Service DAVID Commission for the appointment to the position of Engineering Technician for the City of JONEs Waterloo, Iowa Engineering Department. Appointment(s) shall be made from this list for the Ward l next year(April 7,2011 —April 6, 2012). CAROLYN COLE CERTIFIED LIST Ward 2 Lonnie Brewer HAROLD Brad Foulk Steve Norin GETTY Jonathan Queen Ward 3 Daniel Baker QUENTIN M. Antonio Motyko HART Den-in Wolford Ward 4 Brent Keil Ali Mohammad Elahi RON WEEPER Ward 5 BOB GREENWOODAt-Large -LargegeRespectfully submitted, STEVE j �/� SCHMITT (iL- i y_7.,.,/( y At-Large / Tim Luce Date o Blitsch ate y- 7i/ Bonetta Culp Date CS LIST ASSOCIATE ENGINEER II CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! Art Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO , IOWA �w11.7" / HUMAN RESOURCES DEPARTMENT � 620 Mulberry Street • Waterloo, IA 50703 • (319)291-4303 Fax(319)291-4569 �rerloo �o ROBERT C.STRINGER • Human Resources Director April 7,2011 Mayor BUCK CLARK COUNCIL TO: Honorable Mayor& City Council MEMBERS We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible, based upon the examination process as set forth by the Civil Service DAVID Commission for the appointment to the position of Maintenance Worker I for the City of JONES Waterloo, Iowa Traffic Operations Department. Appointment(s) shall be made from this list Ward 1 for the next year(April 7,2011 —April 6,2012). CAROLYN COLE CERTIFIED LIST Ward 2 Tim Steimel HAROLD Ryan Anderson GETTY Roy Trenkamp Ward 3 Marvin Shepard QUENTIN M. Brian White MART MacKenzie Ruchholz Ward 4 RON WEEPER Ward 5 BOB Respectfully submitted, GREENWOOD At-Large !/l�C./ SC � (J ! rtY � scHMIMITT Tim Luce Date ohn Blitsch atII e At-Large Bonetta Culp Date CS LIST MAINTENANCE WORKER 1 11 CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer WATERLOO PUBLIC LIBRARY—Board of Trustees—March 14,2011 Submitted by Kim Chapman Members present: Troyce Vich,Jan Hahn, Sue Smith, Karol Erdmann Members absent: Alex Crouse Others present: Kim Chapman, Lori Petersen, Mike Dargan, Sheryl McGovern, Amy Heth, Carolyn Sallis, Nick Rossman,Tim Jameson (Waterloo Courier) The regular meeting of the Waterloo Public Library Board of Trustees was called to order by President Sue Smith at 12:01 p.m. Moved by Vich, seconded by Hahn, to approve the agenda as amended by deleting C. Referred for Board Action, 3. FY12 Library Budget. Budget figures have not yet been received by the business office. Motion carried. Moved by Vich, seconded by Erdmann, to approve the February 14, 2011 minutes. Motion carried. The financial reports and bills were reviewed. Moved by Vich, seconded by Erdmann, to approve payment of the bills, including additional bills presented today. Motion carried. The February statistics were reviewed. It is noted the door counter was not working properly in February 2010, and maybe also not in February 2011. Circulation appears to be 5% less compared to the same period last year. Director's Report • RFID Update—Sheryl thanked the staff and the RFID committee who has spent time studying bids and testing some of the demo RFID equipment sold by P.V.Supa. P.V. Supa is new to this country and works with Demco, Inc. of Madison, Wisconsin and BayScan Technologies of Ohio. P.V. Supa set up demo equipment in the library meeting rooms two weeks ago;there is no library close to WPL to visit to see their equipment at work. Demco provided the lowest bid and the lowest on- going maintenance costs. All vendors' bids were put on a spreadsheet and compared. After approval of acceptance of a bid through this Board, it will go through the City Council for approval. The original estimate of the project with an automated check-in station was expected to be much higher than the budget; the automated check-in was dropped from the request for proposal. However, when the estimates arrived, they were much lower than anticipated. In addition to the check-out stations, P.V. Supa also brought a demo automated check-in station. Sheryl and the RFID committee recommend purchasing the P.V. Supa RFID system from Demco. • Library Budget Updates—Sheryl reported the FY12 budget has been approved by the City Council, and though the Library Board is in control of the library's budget, the library can only work with the budget given to it. There was a cut of$2,000 in library supplies, but a $13,300 increase in library materials. The non-bargaining staff will receive a 1%raise, while the bargaining staff will receive 3% as bargained in their current contract. • Building Update—A new sump pump is being installed in the staff elevator. The City Council will award the contract to Floor Decor for the third floor carpet replacement at tonight's meeting. Asbestos floor tiles have been removed from some third floor rooms, and one office with lead-based paint has been scraped and painted. • Questions from the Cities of Hazleton and Raymond—a Raymond council member has approached us regarding providing library service to the residents of Raymond. Raymond is willing to pay$100 per card. Hazleton, in Buchanan County, has also approached us regarding library service. The consensus is to not charge anything less to these libraries than the City of Gilbertville pays to contract with us. • Miscellaneous—Sheryl reported the 16-year old boy involved with the homemade bomb in the library will be charged with second degree arson in juvenile court. Informational Reports from Staff • Mike Dargan,Technical Systems—NEIBORS is up and running; Mike will attend the Library Technology conference later this week in Minnesota; he is focusing on the RFID project; he mentioned the bill in the Senate/House regarding circulation of R-rated materials to minors. • Amy Heth,Volunteer/Marketing-14,457 library newsletters were distributed through e-mail with 11,675 of those being received and 2,002 being read; 953 pounds of food for 790 meals was collected during the fine amnesty/food drive held during February in celebration of Library Lovers' Month. • Carolyn Sallis, CWA President—nothing to report. • Nick Rossman, Circulation Department—Nick noted the circulation staff is excited about the RFID project and looking forward to getting rid of the "old clunks" (self-check units). • Lori Petersen,Tech Services—Lori is working on beefing up the play-away collection; she has added items to the WPL@HCC collection; she will be attending the IUG conference in San Francisco; planning is beginning for moving forward on the RFID project. • Kim Chapman, Business Office—planning is in process for the adult summer program; Genealogy Week will be April 16-22; National Library Week, April 10-16, will wind up with a thirtieth anniversary celebration commemorating the move of two libraries into one building, the celebration will take place in the library lobby on April 16, 1:00-3:00 p.m., with cake, punch, balloons and a memory wall. • Kelly Stern,Youth—Kim Chapman reported for Kelly. Books have been sent to Waterloo Schools for Kindergarten Round-up, the Friends of the Library provide the books; Lego Lab has been very popular, seventy attended the last lab; there will be a Hop launch party on April 1 (Hop is a movie about the Easter Bunny); puppet shows remain a popular draw; Louie Loo'ie attended the Culture Fest; planning is underway for the summer program. Referred for Board Action • Vendor Recommendation for RFID Conversion—moved by Erdmann, seconded by Vich to approve Demco as the RFID vendor for a total of$169,190 and to seek bids for an automated check- in/sorter. Motion carried. • FY12 1%Wage Increase for Non-bargaining Staff, including shelvers—moved by Hahn, seconded by Vich to approve 1% raises for non-bargaining staff, including shelvers. Discussion: Sheryl said the Tech Services Department Head and Circulation Department Head will make $.03 and $.33 more per hour, respectively, than the highest paid bargaining position. Sheryl is willing to forego her raise and divide it between the two bargaining positions. It was also noted the professional staff(bargaining unit) receive one more week's vacation than the non-bargaining staff. Erdmann questioned the FY13 budget. Sheryl said a lot will depend on contract negotiations and the carry-over of other funds. She said Michelle Wiedner believes it will not get better. Lori said she and Nick appreciate Sheryl's offer, but it is not necessary. The Council has already set the budget for the 1% raises, so if raises went higher at WPL, it would have to be taken from something else. Motion carried. • BY12 Blackhawk County Contract—moved by Erdmann, seconded by Hahn to approve the contract for Blackhawk County library services. Motion carried. Labor/Management Communications—the March 10, 2011, meeting notes were distributed. FOL Liaison—nothing to report. Oral Comments of Board members, Staff and the Public—Erdmann reminded those who received it to return the director evaluation by March 22. The next meeting will be April 11, 2011. Moved by Vich, seconded by Erdmann to adjourn at 12:46 pm. Motion carried. L� CITY OF WATERLOO , IOWA (/I!PhI , CITY HALL 715 MULBERRY STREET 50703 Today's Date: 3/8/2011 Effective Date: 3/31/2011 Employment Date: 3/25/1983 To: City Council Members Re: Notice of Severance Department POLICE Job Title/Classification Police L',crc6 ,h-C- This is to report that the employment of Sue Holms with the City of Waterloo has been severed by reason of: CI Retired Disability Related 0 No 0 Yes ❑ Resigned 0 Termination ❑ Other In accordance with City Policy,it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate Total Payout Vacation-Accrued 74.00 $31.34 $ 2,319.16 Vacation-Current 237.25 $31.34 $ 7,435.42 Usable Sick Leave 0 $31.34 (x)25% $ - Frozen Sick Leave 0.00 $31.34 (x)_% $0.00 Personal Hours 0.00 $31.34 $ - Comp Time Pay 480.00 $31.34 $15,043.20 Unscheduled Leave 56.00 $31.34 $ 1,755.04 Other Pay 0 $31.34 $ - Total Payment $ 26,552.82 Comments: Approved by / , /� " ,/- Date 3/8/2011 Human Resources J C( r-- Date 1/////)f Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward approved form to Department Updated 7/20/10 Council Agenda Date: (7y��� 0 AS/400 Status/Accruals 0 1-9 Q m A < nam 0 '9I 1 CU 0 ` 0 `< aO 'O `.< N Co N p 1 coy -� co co 3 CON O EI <O \_ .111111k1 ' C • Vti11° cp q1110 < a- a CD m * o Z * 0 * 0 m • O c 10 * O * O CD C * O 0 7 * 0 0 ',It * 0 y 1 * j O -I • * n 7 7 0 * * m -i * * a D * c r• * m 0 D T n o 4, -CA0 D C A W c = Vo v K .� 0ry 1 O O -. m a) ; W W Zm 3 > 0 0 < < D v � � � c� c� v cDo D O —I o - <' Q- v a cm 2. 0 0 -3m0n 0 -03 ° C� 0 Q m m oo o -o o. Z m O 7 CO a � 00 m 7 T) O 3 A O 0 -, N 3 W co O 0 < �� ; c 7 m CD 0 <`c 10, a � � OO -am CD � o > >Ca COK a)_ N 7 � N N O = CI CD O C CD (0(p 'O 0 0 I 7 3 O O -0 3 V V 0 .•. N 0 m D 0 K -I 0 0 m mN41. CO AA f C) CD o O O 0 a m ;4 v m m Z 8- V V 0 W W cr 11 c > O O ,. N N O A 1 J c > co V V CO O 1 3 .\ O 1 N 31 + . \ / f / / f c 2 ; . \ - 0 / 0 " / - I 0,C5 w [ ) \ / 4 f 2 k • ma < 386 7 ■ m - CD# R m o011) w # 0 Egg e on coO CD co o < § / ! % \ } f * * * * * * 0 `Z * § \ * ± * / � \ 2 0 A > mo R 0 z / CO^ - < K - d a \ a & = n 2 / CD• 2 ® 2 = u 0 ) & e® o d2 0 / \ \ � 3 z S / , P \ > K \ § m , o -o GE3 am m k l' \ = \ \/ # 7 \ , �] § # & 7 @z co �_ o- / 2 A / ® / Q 0 . > � . \ \ e / / Cl) , - 0 > < > - /� A / . j \ « & q a ° ) E . § 93CDE $ 7 k . ' a 0 / ® - / 7 E E 0 } N ` 3 I. ) 53 / ,I / } / ' _ — E E(3. .. / } � / / ƒ =7 & * 1 CD / } / \ > © ao § J Z : c \ @ '1 > 0 0 CD C / - / \ . - ± / $ g & � & & 0 « � / 2 / CD f a K > E _• @ c zm 1 ƒf < / / 3 > 0 G / \. 2 $ k \ / m ƒ 7 , § E 2 #ii) § D ƒ ? � CD ƒ § � & _ mo co \ f , { ° ° = O .. to I \ _d jf k , m 39 \ . & CO = \ { ] \ ƒ - 05 cN on 0 CO / \ G . 3 — q ) Q CD CD C : CD 0 E _ ca. E $ Cl)} -CO \ > » \ 8 —A8 L.) Co o ' 7 c) D < D -o n 1 Q3 "h' �_ _s CD ,.. Cn O, 93 m 0.P' S 7 0N FT Iv �. W C C Fir O 00 �' 0. c n O 73 m r►\ N m m >CA IIm m * a o. OZA * - * 71D -4 * m * 5' `: 73r- * ZCa -1 * O * a) "0 ea _D * * 3 c Z * * 05 • * 0 m m * * 0 * •* 0 c In cn p 0 o > m m : C *s m * ' .0 * r: * c * ** m —I o -o v 0 c c o ` > 3 A W - - 0) ffl A c O NCO =. 71 Z. C7w 01 NONOCD -s mO A -' A A O m O N O O CJ, 0) Z y Q) O W 1 b c 0 V 0 (O COO OO < D O o D � � � -� OooOO � C) 0o < O -I 0 p 73 m m o Z' Z• Z. Z. Z. 0 m co 7 C Ill m Oro u, rn m rn i, m r0. OX = m 0_v ` 0 > > _ m a mm. 000m ? = r m D ZmO3.� 0rn7 cA01 oraz O XO` —i �CD ° --0o = D � ` Como IV 3Z1wy am a , o N -omjm 0 `,4 0 m 5 . m;,4,t,m-I _DA ( m o `Q = m r D CO m � 0 N . m m O v 0 v 0 A C * 7- N 5 V a 0 ' 5 v t`- O 0V - -0 rn O2 0 5' A A A N A A N m N O N O N N '"' N A co CA0) O) 010) 0) r = FT o > 0000 o co o_ ? [U v v V -1 V V Fri O W o m ON V CVJ, OOD m -0 Q -' O Q O 0 0)O -x O 0 0 0 0 .c-. N N N N N N 0 3 > ma 1 p -.1 N C v - n D < D Cr' CD p •• a CD CDm I -' N CON CD rt1 z O N 2 m co3 r).... 0 CD " • m co < ; m ato_ . 0 0 14%4; -,1 CD * CD Z g \ 0) p • A 00 O ■ V`i * * • * * * * * - * C D D m -CI C 0 C N N 0 _0 O fn C C _, - Zl 0 0 3 = OT N N C D G D o N o) = m D a) i O O fl 3 `D — - 0 m m > m Tn o (,� 0 m m O m a m d -0 xi O c) o cDi o oo o m - = a -o z 7 co N O IU j O co OCD 0 r 3 3' Z a c -, o p m 5 -11 -6 V N c9 co ^ - N W * a. Ft _' o N cor O D O W C t, O 7r-• 0 mr A 0 N I- A C b 0 V f/- O) Q - C O "- > O O A c) N O -*- O -, N co co 1 Cr CD 0 0D < D -p m < -a 3 o o 0.. 7 m d' c> Qom a - a m CD �, o .1 m a c p i rn Z N a CO c m m 3 a,0) © `� e) CD T O iik _ V o O 7 * C N < * ry - a O co N O fD * 0 c_) O * k t 2 \ * 0 NO.% * 0 t 1 ) * > * * 0 * m * v * n *• 0 c a) * —I 0 -< a 0 a o En m C En D D w w c C -> IV on Cn m (� m p v 'a) 01 _ 7:7 3 if s A A rD fD O D m Cl) a * K * X 0 p 00 CD 0 0 0 0 7- Cp -, -, 2a a p < co n x- z m o o a m E 0 c o 0 -0 -0 a Z X 3 W � �• ID rn R_ N = o a a 0n, Z `� n co N co V C V 2 m N yo w G .0 r 1 co V gm a1 . G N O 7 -O p--------, C° r- d 0 `_ CO( 0 I- _ 5' r 0 < < —I N 0 CO r N N n) n A CA r D O W p 0. A V V V pl co V A V 7 CO O 0 -J.O W C -' N O CA O N N N 0 CO co o Cn o CO 5 ) D CD 0< D <c , io a 0- <3 C m oN m Q° c o co 0 Q D I. E Z N CO ► C N o 3 �O 17 CD W 'a �� W a) \ N N ' _ Q CT ri O p D TO N co ..< ` o n 7c O N'G -0 O CD CD • V 0. CO CO 0 oo (n " D Co DX cosy co co � o cn v,'•< y ocono O co 0. N -1 N (.4, • CD N m 5 * co o * co CD * 0) Z * 93 O * * * CD * * D * CD * * * * (J * * O C * -I 7 * D > * 7 I- m C m 0 v m n O m < NJN 'O EA_ � _ v, m 00 OC p- j Z V o rn al -I < N ivO < 0 co ON 770 0 00 m 0 -1 DIj Cn I' N� CO CD 7 O m co " 0 7 v X O > ts, o 3 Z O N .Z) N 7 co N O o -oo co ^ m 7 -o V a r ' CD 0(O -0 co _`, � m mm f2o • -. CO — nri • cn .0Z 0 0 CD 77 a v 0 m' 0 0 o m0 fD 01 9 O o� 5 V V U, 0 C O O O N N 0 > O 0 o p W W CO- O " O - N CI CD -a O `Z a 7 "O 0 i -.� _ o -, a \ N _, co y O N 3 a�\c 0 .-,cn m 0) v 2 N W 0) N 03 O CD CU • N 1144111 � a CJ ilk \ < * N co O .: C l►41 � NJa" 0 a ' 0 co 0 w • * C o * * * • 0 - • 2. D -� c m • _0 -a C 0O -0 _0 O > -< -i a 0 O _I C 33 0)) N O -0) In -co 0 (D j N W W 0al 11) C C N Cn AN.) co m X Z] 0 CD O Z7Q 0 0 0 n 0 a �• .�-h 7 (') 'D O D m 0 o 0 -a m. D a a -0 co a m' v -a aa o mo 0 N O A m- N O a 0 t m CO * N O ":"4: O 7 O = OQ 03(.0m m(Q 0 L A N N ma CO o 0 D A O O --> CO 1 1 i Cn CO O W W (V.) = • N 01 CT CIi CT -• C77 I (T C N N N o 3 a (r (I1 01 03 0) 03