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Home My WebLink About04/25/2011 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 25, 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: Harold Getty, Ward 3 Council Member. April 25, 2011 page 2 Agenda, as proposed or amended. Minutes of April 18, 2011, Regular Session, as proposed. Proclamation declaring April 25th to April 30th as National Community Development Week. Proclamation declaring the week of May 1st as Municipal Clerks 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 Anthony Bradfield for an asphalt driveway to be located at 807 Anthony Street, together with recommendation of approval of City Engineer. Submitted by Eric Thorson, P.E., City Engineer 3. Request of Martha Johnston for a concrete driveway to be located at 3624 Inverness Road, together with recommendation of approval of City Engineer. Submitted by Eric Thorson, P.E., City Engineer 4. Request of William Kolsrud for a concrete driveway to be located at 1343 Wallgate Avenue, together with recommendation of approval of City Engineer. Submitted by Eric Thorson, P.E., City Engineer 5. Request to designate April 25-30, 2011 as National Community Development Week to commemorate 37 years of funding through the Community Development Block Grant program in the City of Waterloo, Iowa. Submitted by Rudy Jones, Community Development Director April 25, 2011 Page 3 b. Motion to approve the following: Travel Requests Name & Title of Class/Meeting Destination Date(s) Amount not Personnel to Exceed 1. Probationary Police 240th Iowa Law Johnston, April 25- $5,789.97 Officer Diana Enforcement Iowa August Del Valle Basic Academy 5, 2011 2. Recommendation of appointment of Mark Rice to the position of Public Works Director, effective May 2, 2011. Submitted by Mayor Buck C/ark 3. Recommendation of appointment of Todd J. Henrich to the position of Park Maintenance IV-Electrician, effective May 9, 2011, pending pre-employment exam. Submitted by Pau/Huting, Leisure Services Director 4. Recommendation of appointment of Timothy J. Steimel to the position of Maintenance Worker I, effective April 26, 2011, pending pre-employment exam. Submitted by Sandie Greco, Superintendent of Traffic Operations 5. Request of Thomas W. Abbas to burn approximately % acre of prairie grass located adjacent to their property at 2048 Grand Boulevard from April 19-May 13, 2011, together with recommendation of approval of the Fire Department. 6. Request of Tammy Danger of Central Middle School and Jim Weimer of Black Hawk County Conservation to burn approximately 1 % acres of prairie grass located at the corner of Katoski Drive and Huntington Road just in front of Central Middle School at 1350 Katoski Drive from April 19-May 31, 2011, together with recommendation of approval of the Fire Department. Class B Beer License Permit Application 7. Waterloo Softball Association, 850 Longfellow Avenue (New- 6 month License) (Expiration) (Includes Sunday Sales) Class C Beer License Permit Application 8. CVS Pharmacy #8544, 2060 Crossroads (Renewal) (Expiration 5-31-12) (Includes Sunday Sales) 9. Liquor& Tobacco Outlet, 2844 University Ave., (Renewal) (Expiration 5-14-2012) (Includes Sunday Sales) April 25, 2011 Page 4 Class A Liquor License Permit Application 10. Amvets Home Inc. #19, 32 Lafayette Rd. (Renewal) (Expiration 5-13-12) (Includes Sunday Sales) Class C Liquor License Permit Application 11. Screaming Eagles -Bike Night, 228 E. 4th Street (New) (Expiration 10-31- 2011)(Outdoor Service Only) Liquor License Permit Application Class E 12. CVS Pharmacy #8544, 2060 Crossroads (Renewal) (Expiration 5-31-2012) (Includes Sunday Sales) 13. Liquor& Tobacco Outlet, 2844 University Ave., (Renewal) (Expiration 5-14- 2012) (Includes Sunday Sales) Wine License Permit Application Class B 14. CVS Pharmacy #8544, 2060 Crossroads (Renewal) (Expiration 5-31-12) (Includes Sunday Sales) 15. Liquor & Tobacco Outlet, 2844 University Ave., (Renewal) (Expiration 5-14-2012) (Includes Sunday Sales) Outdoor Service Area Application 16. Amvets Home Inc. #19, 32 Lafayette Rd. (Renewal) (Expiration 5-13-12) Vehicle for Hire Business License 17. City Cab, 1211 N. Barclay St., Waterloo Iowa 18. Bonds PUBLIC HEARINGS 2. Purchase of Traffic Signal Equipment, Williston at Baltimore & Williston at West 9th Street, Traffic Safety Improvements TRF-161 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 Superintendent of Traffic Operations for review. Submitted by Sandie Greco, Superintendent of Traffic Operations April 25, 2011 Page 5 3. Request of ConTrol for a site plan amendment to the "M-2, P" site plan for a new industrial warehousing building for ConTrol generally located at Lot 18, Northeast Industrial Park Plat No. 3. 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 recommendation of approval of Planning, Programming and Zoning Commission and oral and written comments. Resolution approving said site plan amendment. Submitted by Noel Anderson, Community Planning and Development Director RESOLUTIONS 4. Resolution approving one year lease with Waterloo Implement of Waterloo, Iowa, in the amount of$6,950 for 20' rotary cutter and 72" deck mount mowers for Waterloo Regional Airport. Submitted by Brad Hagen, Airport Director 5. Resolution setting date of hearing as May 2, 2011 to approve reallocation of up to $100,000 of General Obligation Bonds, Series 2006A and Series 2007A to pay costs for the clearance, upgrading and improvement of the RiverLoop Expo Grounds. Submitted by Michelle Weidner, Chief Financial Officer 6. Resolution approving installation of 30 ft. pole with a 250 watt HPS light on the south side and the north side of the intersection of W. Airline Hwy and MidPort Blvd., and authorize City Clerk to notify MidAmerican Energy. Submitted by Sandie Greco, Superintendent of Traffic Operations 7. Resolution approving acceptance of additional grant from Federal Highway Administration for Traffic Safety Campaign in the amount of $50,000. Submitted by Sandie Greco, Superintendent of Traffic Operations 8. Resolution approving agreement with MET Transit allowing them to purchase fuel from the City. Submitted by Mark Rice, Central Garage Superintendent 9. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Floor Decor of Waterloo, Iowa at a total cost of$23,891.51 in conjunction with Library 3rd Floor Flooring Replacement; and authorize Mayor to execute said document. Submitted by Craig Clark, Building Official/Maintenance Administrator April 25, 2011 Page 6 10. Resolution approving an Agreement for Services with Government Relations Consultants in the amount of$48,000.00 for legislative work for the City of Waterloo. Submitted by Noel Anderson, Community Planning and Development Director 11. Resolution approving Supplemental Development Agreement with Terri Walker for the redevelopment of her condominium in the former Winterbottom Supply building located at 25 Westfield Avenue with a minimum assessment of$121,760.00; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning& Development Director 12. Resolution setting date of hearing as May 9, 2011 to approve request by City of Waterloo to rezone approximately 1.63 acres of land located at the former Lafayette Elementary site at 2265 Lafayette Street from "R-3" Multiple Residence District to "R-1, R-P"PIanned Residence District; and instruct City Clerk to publish said notice. Submitted by Noel Anderson, Community Planning& Development Director 13. Resolution setting date of hearing as May 9, 2011 to approve request by City of Waterloo to rezone approximately 7.40 acres of land located at the Edison Elementary site at 740 Magnolia Parkway, located along the west side of Magnolia Parkway, directly to the north of Falls Avenue from "R-2" One and Two Family Residence District to "R-1, R-P"Planned Residence District; and instruct City Clerk to publish said notice. Submitted by Noel Anderson, Community Planning& Development Director 14. Resolution setting date of hearing as May 9, 2011 to approve the request of D & J Investments for the sale and conveyance of city-owned land abutting 3900 Alexandria Drive at a cost of$10,970.61.00 plus costs for the purpose of building a 3-stall garage on the property; and authorize City Clerk to publish notice of same. Submitted by Noel Anderson, Community Planning& Development Director 15. Resolution setting date of hearing as May 9, 2011 to approve a Development Agreement for OFI Properties, LLC, including the sale and conveyance of city-owned property approximately 2.48 acres of land, generally located on GT Drive in the Northeast Industrial Park,for the purpose of construction of a new 17,500 sq. foot industrial building with a minimum taxable value of$510,000; and authorize City Clerk to publish notice of same. Submitted by Noel Anderson, Community Planning& Development Director 16. Resolution approving recommendation of award of contract to Americlean of Waterloo, Iowa in the amount of$125,686 in conjunction with Five Sullivan Brothers Convention Center Duct and Coil Cleaning. Submitted by Craig Clark, Building Official/Maintenance Administrator April 25, 2011 Page 7 17. Resolution approving recommendation of award of contract to Kelly Demolition, LLC of Mount Vernon, Iowa in an amount not to exceed $198,404.95 for Demolition and Site Clearance Services (no regulated asbestos-containing materials) Group 1 in connection with Public Assistance (PA) demolition activites of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and authorize Mayor and City Clerk to execute said contract. Submitted by Aric Schroeder, City Planner 18. Resolution approving second amendment to contract with Title Services Corporation dated November 1, 2009 for abstracting services pertaining to the City of Waterloo's Hazard Mitigation Grant Program to extend the term of the contract for an additional period of six (6) months,from May 1, 2011 to October 31, 2011. Submitted by Aric Schroeder, City Planner 19. Resolution approving second amendment to contract with Clark, Butler, Walsh & Hamann dated November 1, 2009 for legal services pertaining to the City of Waterloo's Hazard Mitigation Grant Program to extend the term of the contract for an additional period of six (6) months, from May 1, 2011 to October 31, 2011. Submitted by Aric Schroeder, City Planner 20. Resolution accepting and approving the acquisition of property generally located at 318 W. 12th Street, as granted by court order pursuant to Section 657A of the Iowa Code; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning& Development Director 21. Resolution approving the renewal of audit contract with McGladrey & Pullen, LLP for the fiscal years ending June 30, 2011 and 2012 at a base fee of$81,000.00 for FYE2011 and $83,000.00 for FYE2012 with fees for any required additional federal programs or services as outlined in the schedule; and authorize Mayor to execute any necessary documents. Submitted by Michelle Weidner, Chief Financial Officer April 25, 2011 page 8 OTHER COUNCIL BUSINESS 22. One (1) Current Model Year Trailer Mounted Crack-Sealer Unit with Heated Wand Motion to instruct Central Garage Superintendent to prepare specifications, bid document, etc. Motion to receive and file specifications, bid document, etc. Resolution preliminarily approving specifications, bid document, etc. Resolution instructing City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Set date of hearing and bid opening as May 9, 2011. Submitted by Mark Rice, Superintendent of Central Garage 23. Motion approving Change Order No. 2 for a net decrease of$5,877.18 for work performed by Vieth Construction Corp., of Cedar Falls, Iowa in conjunction with F.Y. 2008 Donald Street Trail, Contract No. 700. Submitted by Jeff Bales, Associate Engineer 24. Motion denying request from Martin Luther King, Jr. Peace Walk Committee to use Washington Park as a site for the Martin Luther King, Jr. Peace Walk Memorial, together with recommendation of denial of the Waterloo Leisure Services Commission. Submitted by Paul Huting, Leisure Services Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, April 25, 2011 4:35 p.m. - Council Work Session, Council Chambers 4:50 p.m. - Public Works Committee, Council Chambers 4:55 p.m. -Human Resources Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers April 25, 2011 Page 9 PUBLIC INFORMATION 1. Community Development Board meeting minutes of March 15, 2011 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2010 Street Reconstruction Program, Contract No. 772 Pay estimate No. 15 to Aspro in the total amount due of$44,198.30 2. F.Y. 2011 Asphalt Overlay Program, Contract No. 796 Pay estimate No. 1 to Aspro in the total amount due of$12,918.29 3. Allen Hospital Area Drain Payment to Ament Inc. in the total amount due of$6,317.60 4. F.Y. 2012 East Donald Street Improvements, Contract No. 797 Pay estimate No. 3 to AECOM in the total amount due of$11,258.83 5. U.S. Highway 63 Final Design Phase, NHSX-63-6(69)-3H-07 Pay estimate No. 6 to AECOM in the total amount due of$26,413.55 AD W'LOO TY OF NUMBE GE HE COURIER CL RK'SIOFFIICE 1348634 R P 1 of 10 715 MULBERRY BILL DATE SALESPERSON WATERLOO, IA 50703 —-- 319-291-4323 05/10/11 kitta START DATE STOP DATE 05/10/11 05/10/11 AD NUMBER AD DESCRIPTION CLASS LINES 1348634 APRIL 25TH MEETING 0950 LEGAL NOTICE 931 Publication Insertions Rate Net Amount Gross Amount 3 WATERLOO/CEDAR FALLS COURIER- 1 LEGAL $404.05 TOTAL AD CHARGE $404.05 Purchase Order 719681 PAY THIS AMOUNT $404.05 $404.05 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 l 1 Check# I Credit Card Ad Number 1348634 c/o LEE NEWSPAPERS Li Li v ❑ a ❑ �� Billing Date 05/10/11 PO BOX 540 I WATERLOO IA 50704-0540 Acct#: Amount Due $ 404.05 Exp.Date: W Amount $ Name on credit card _ _ Enclosed Signature — -._ Please make checks payable to: COURIER COMMUNICATIONS 000482 COURIER COMMUNICATIONS W'LOO CITY OF c/o LEE NEWSPAPERS CLERK'S OFFICE PO BOX 742548 715 MULBERRY CINCINNATI OH 45274-2548 WATERLOO, IA 50703 111,11IIrlrnI.I,rrrlllllll.I.IIIIIIIIIIII.,IIIII,IIIIIIIIIII' 2 1 7 8 0 3 0 0 CI 0 0 0 1 3 4 8 6 3 4 0 0 0 El 0 0 0 0 0 El 0 0 0 0 0 4 0 4 0 5 0 HO 0 4 0 4 0 5 0 April 18, 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 18, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Carolyn Cole, Ward 2 Council Member. 136309 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, April 18, 2011, at 5:30 p.m. , be accepted and approved. Ayes: Seven. Motion carried. 136310 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 11, 2011, at 5:30 p.m. , be accepted and approved. Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring the week of May 1-8, 2011 as Days of Remembrance Week. Mayor Clark read a Proclamation declaring the week of April 24-30, 2011 as Arbor Week. CONSENT AGENDA 136311 - 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. 1-84, dated April 18, 2011, in the amount of $1, 674, 629. 66, 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. 2011-292. 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. Resolution adopted and upon approval by Mayor assigned No. 2011-293. 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. Resolution adopted and upon approval by Mayor assigned No. 2011-294. 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. Resolution adopted and upon approval by Mayor assigned No. 2011-295. b. Motion to approve the following: Travel Requests Name & Title of Amount Personnel Class/Meeting Destination Date(s) not to Exceed 1. 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Ayes: Seven. Motion carried. 136316 - This being the time and place of public hearing, the Mayor called for written and oral objections. Cheri Edwards, SSC, a representative of Fidelity Towers was present to answer any questions. Paul Huting, Leisure Services Director, reported that the Leisure Services Commissions recommends approval of the lease. Schmitt/Welper that the hearing be closed and oral and written comments be received and placed on file. Ayes: Seven. Motion carried. 136317 - Schmitt/Welper that "Resolution approving lease agreement in conjunction with 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 llth Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-297. 136318 - Greenwood/Schmitt that proof of publication of notice of public hearing on Purchase of Traffic Mast Arm Poles, Williston at Baltimore & Williston at West 9th Street, as published in the Waterloo Courier on April 11, 2011, be received and placed on file. Ayes: Seven. Motion carried. 136319 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed. Ayes: Seven. Motion carried. 136320 - Greenwood/Schmitt that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Traffic Mast Arm Poles, Williston at Baltimore & Williston at West 9th Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-298. 136321 - Greenwood/Schmitt that "Resolution authorizing to proceed in conjunction with Purchase of Traffic Mast Arm Poles, Williston at Baltimore & Williston at West 9th Street", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-299. 136322 - Greenwood/Schmitt to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder Bid Amount 3E Electrical Engineering & Equipment Company 183 W. 9th Street $26, 245.26 Waterloo, Iowa 50702 Crescent Electric Supply Company P.O. Box 180 825, 458.95 Waterloo, Iowa 50704-0160 Ayes: Seven. Motion carried. 33Twg0S/3spH - T££9£T '90£-TTOZ 'oN paubTsse soApN Aq Tenozdde uodn pus pa;dope uoT;nTosag uanas :seMj •pa;dope eq '„zo4euip.zoo0 s4ues0 pue s4oes;uo0 'sxzegs sTno'T Aq pa;;twgns-;ees;s uo;uTA STL 3o sseappe a;euza;Te pue :;aas;S za4Ua3 9Z£ G;aaz;S 3sT '2 ON :499z3S TTameN SSST C3Pas3s saT3110 TZT :;aax;S UogbuTTTeM TIP :anuany x'Ed •M OZL !3aas3S PUZ 'M 60£T e;eaz;S g3noS TZTT gaazgs AETO SZy :;aazIS APTO LZ£-SZ£ :gees;s qsy ££Z :seT;zadosd bUTMoTTo3 aqg 103 TI-81-60-00-O-ZLT •oN 4oesguo0 ';oacozd aouezeeTO agTs pue uoTpTToweU ggTM uoTgouncuoo uT 00'006 '68S paaoxa o; you gunowe up so; EMoi 'aTepsuens 3o UOT4eAeOX',3 szaggozg- uosx0ts3 og 40ez4uo0 3o papMe buTAozdde uorgnTosag„ gegg 33Twg0S/4IPH - 0££9£T 'SO£-TTOZ 'oN paubTsse soAeW Aq Tenozdde uodn pue pa;dope uoT;nTosag uanag :saAy •pa;dope eq '„zaOT;;o TeTJUeUTa JeT140 'seupTaM 9TTagoTW Aq pa4471gnS-6T'£06 uoT;oes apo0 eMoi lepun UOT4e0T;T31e3 ;o buTTT3 goaaTP pue OTT 'ser;zadozd AaTsnH z°TTp3 0; ;uesb ;uawdoTanap oTwouoOe up buTxew ;o esodznd Io; puns anuanag ;uawas0ui xey T2Meuau uegzn peog uT;seW aqg woz; ;ueiAedas so3 00'000'08S 3o gunowe aqg uT spun; ;o aouenpe buTAozdde not;nTosau„ ;eq; sadTaM/aToO - 6Z£9£T 'b0£-TTOZ •oN paubTsse zoAeW Aq Tenozdde uodn pue pe;dope uoT;nTosag •uanag :saAy •pa;dope eq '„suot;ezado oT;;ezy 3o ;uepuagutzadns 'ooasg eTpues Aq paggtwgns-(enuany gbnosogsuy ' anuany A;Tsza.Tun pue :;Prigs q39 'M '3 ;Prigs 33nTe edwez-33o 8TZ AMH '9 £9 'S'n eanueny ausoq;Meg 9 8TZ 'S'n l4aaz3S TPTOzawwo0 'p anuany xsed •M :PATIO ueuseW UPS 9 psenaTn0g szaddogg) 00'000 'TLS 3o gunowe aqg uT suoT3Oasza4ut xTs so; uoT;e;sodsuesy ;o ;uawgsedeu eMOI q;TM guawaazby 4ues0 AgaJPS OT33psy IOU' butnosdde uotgnTosag„ gegg IadTaM/aToO - 8Z£9£T '£0£-TIOZ 'oN paubTsse zoAeW Aq Tenozdde uodn pue pa;dope uoT;nTosag •uanas :seAy •pagdope eq '„suotgesedo 0T33esy 30 ;uepua;uTsadns 'ooas0 aTpueS Aq pe34TwgfS-00'000 '£9S 30 gunowe aqg uT uoTgoasze;ui £9 AMH/A3TPaPATUn so; uoT;e;sodsuezy ;o ;uawgsedao eMOi ggTM guawaasb' 4ues0 A;a;eS aT33pzy LOCI buTAozdde uoT;nTosag„ gegg sadTaM/eToD - LZ£9£T 'Z0£-TT0Z •oN paubTsse soAsw Aq Tenozdde uodn pue pe;dope uoTgnTosag 'uanag :seAy •pe;dope eq '„suoT;esado OT;;esy 3o ;uepua;utzedng 'ooaz0 eTpues Aq pe;;Twgns-sasngxT; Og'T q;TM s4g6TT gaas;s SdH 8 04 9 ATagewTxozdde 30 ;uawaoeTdaz zo3 00'000'SS 3o gunowe aqg uT 4uez0 buT;gbT'T ;Pas;g a;egg pTTog eM0I TTOZ ueoTsawyPTN aqg o; UOT;eeTTdde buTAosdde uoz;nTosag„ gegg pooMuaa10/44Twg0s - 9Z£9£T 'T0£-TT0Z 'oN paubTsse zoAPN Aq Tenozdde uodn pue pagdope not;nTosaa •uanag :seAy •pa;dope eq '„sauueid A;TO 'sapeozgos oTly Aq pe;giwgnS -s;uawnoop pTes a;noaxa o; IoAeN azTaoq;ne Pup :00'£ST 'Sb$ 3o gunowe alp uT ';Pas;S q36 'M 0T 3p gnTO 3T4aT44y ezeTd zaATU Io3 wezbozd eouegsTssy Te;uag sseutsng papuedxN AsanooeJ ae4sesTQ aqg 10; 40es;u00 bUTAOsdde uoT;nTosag„ ;eq; pooMuaa.O/;;TwgoS - SZ£9£T '00£-TTOZ 'oN paubTsse zoAeW Aq Tenozdde uodn pue pe;dope uot;nToseg 'uanag :saAy •pe;dope eq '„Io;8I3stuTwpy eoueua;uTeW/Tetat;;o buTPTTng '3(s3TO bTe.O Aq pa;;Twgns-sa°TAaas uoT;oadsut Teotz;09Te pue buTpTTnq 'MaTAaz u3Td eptnozd o; A4T0 agzode'i q;TM ;ueweesby 28Z pa;epdn buTAosdde uoT;nTosag„ ;eq; pooMueazg/;;TwgpS - 1Z£9£T •uanas :seAy 'TTOZ '9T AEU TT3Un '„xs3TO xong soAeW Aq pa33twgn9 -wnesnW 4nos0 og spun; ;o uoTgeubTsep aq3 bUTAosdde uoT;nTosag„ e oTge; o; 33twg0S/313H - £Z£9£T sNo T.LU'To s 32i b abpd TTOZ '81 TTzdy April 18, 2011 Page 5 that "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", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-307. 136332 - Getty/Hart that "Resolution setting date of hearing as May 23, 2011 for the acquisition or condemnation of agricultural property required for the West Shaulis Road/Ansborough Avenue Reconstruction Project-Submitted by Aric Schroeder, City Planner", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-308. 136333 - Getty/Hart that "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", be adopted. Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-309. 136334 - Getty/Hart that "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", be adopted. Ayes: Seven. Mayor Clark noted that this is an amendment to the grant previously submitted. There was a Department of Energy grant that was going to be used to do the energy improvements to the Public Market to comply with the Vision Iowa Grant but now the State Historical Society has done an inspection on the building and determined that in order to use Federal Funds we had to comply with Historical Society requirement on the building. That process to appeal or comply with the request is a lengthy process and we do not have time to do this and comply with the Vision Iowa timeline. So we are seeking funds from the Black Hawk County Gaming Association to make up the difference to install new windows and breezeways. Noel Anderson, Planning and Community Development Director, reported that the windows were not found to be to the historic standards so we would have been forced to find another source. Paul Huting, Leisure Services Director, reported there are additional items being added since working with the architect such as a grease trap that will be necessary. This is the WDC allotment so it is not just the City of Waterloo asking for the grant. It is not competing with other City grant requests. Jim Walsh, City Attorney, stated the windows were compatible for the building but no one imagined that the building had historic significance of any kind. Only after we applied for the Energy grant did the inspection take place and the requirements were placed. Resolution adopted and upon approval by Mayor assigned No. 2011-310. ORDINANCES 136335 - Cole/Welper that "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 (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) ", be received, placed on file, considered and passed for the first time. Ayes: Seven. Motion carried. Mr. Schmitt clarified that this is the stretch of road where Lincoln School was formerly located and there are few residents in the area. 136336 - Cole/Welper 31z9TO ATTO seaegos Azns •peTaaeo uor;ow •uanas :saAv •u•d OT:9 ;e uznoCpe TTOunoO aq; ;eq; 44T q0S/4zeH - Z6£9£T INSNNHROPQK •parzzeo uor;ow •uanas :SSAM •pee3ozd o; 44T °S/TzeH - T6£9£T •parzzeo uoT;ow •uanas :seA& •u•d OT:g ge uorssas anr;nOexg uznoCpe TTounoo aq; ;eq; 44TU10S/ISeH - 06£9£T NOISSHS • a n I s R 0 3 x 3 • (L00Z) (0) (T)S•TZ uor;oas epo0 eMOI 04 ;uensznd uorssas anTanoexg 30 ordo; panozdde UP Sr uOT;ebT;TT UT sza;;eui UT Aba;ez;s 3o uorssnostp ;eqg pages gsTeM uIrf Aauzo;;y A;TO •parzzeo UOT;O •uanas :seAV TTeD TTog •ur•d £0:g ;e uorssas anr;noax3 0; uznoCpe Traunoo eq; ;eq; 447111408/T1eH - 6££9£T •paTzzeo UOT O •uanas :seAy •e T3 uo peoeTd pue panTeoaz eq squeunuoo Tezo anoge eq; ;eq; 44T1P0S/4zeH - 8££9£T •sanssr buruoz pue zonbrT buTpzebea TTaunoO azo;eq ;gbnozq eq TTTM aoueurpzo ue os zo sAep 0£ urq;TM ;eq; page;s xzeTO zoAew •poogzoggbrau eq; uT Sasueo-T zonbTT buTAuep Aq uor;eroossy pooqaomlbTam spunozo uounuo0 aq; bur;zoddns zo3 TTounoc paNueq; uosze0 aeuag SNOISy,LN3S3dd Tfl10 •£6oc -ow paubrsse zoAew Aq Tenozdde uodn pue pe;dope aaueurpzo •uanas :saAj •pa;dope pue sauir; pzrq; pus puooas eq; zo3 passed pue pazaprsuoo eq '„(peog )(zed o; ;eaz;s zabuo0 wag anuany uo;zng uo ;flu peeds gdui SZ ;sod pue •;s zabuo0 o; ;eaz;s zaxzed •M mai; anueny uo;zng uo gdui 0£ o; gdui ;z uioz3 ;TWTT paads burseazour) seazy ure;za0 uT s;ruitZ paads burseazoul 'T6S uorgoes 3o enuany uo;zng (L) uor;oasgng Maw p 3oaaagy neT2 uT bur;oeu3 pue :seazy ure;za0 uT s;TlT7 paads burseazouI 'T6S, uor;oes 3o anueny uo;zng (L) uoT4Desgns buTTeadaz Aq epo0 0T33eII 800Z eq; burpueiue eoueurpzo ue„ ;eq; zadTaM/aToO - L££9£T •parzzeo uor;ow •uanas :seAy •pepuedsns eq sbur;aaui zorzd oM; ;e abessed zo3 pe;on pup pazaprsuo0 eq o; seoueurpzo burzrnbaz saTnz ;eq; 9 abed TTOZ '8T TTIdy fiF4_, 1;P CITY OF WATERLOO , IOWA rCOMMUNITY DEVELOPMENT !y' ff r 620 Mulberry Street,Carnegie Annex • Waterloo, IA 50703 • (319)291-4429 Fax(319)291-4431 drer l000\ a or CITY OF WATERLOO BUCK CLARK Council Communication COUNCIL City Council Meeting: APRIL 25. 2011 MEMBERS Prepared:April 18, 2011Z Dept. Head Signature: `t/ /Y Rudy D.Jones # of Attachments: 2 / DAVID JONES SUBJECT: National Community Development Week Ward 1 CAROLYN Submitted by: Rudy D.Jones, Community Development Director COLE Ward 2 Recommended City Council Action: Proclaim April 25-30, 2011 as National Community HAROLD Development Week. GETTY Ward 3 Summary Statement: QUENTIN M. The City of Waterloo is an entitlement city receiving U.S. Department of Housing and Urban HART Development funding through their Community Development Block Grant (CDBG) annual Ward 4 allocation. The Community Development Board and staff respectfully request the Council to RON proclaim the week of April 25-30, 2011 as National Community Development Week in WELPER Waterloo, Iowa. Ward 5 Communities around the nation will join together and commemorate 37 years of funding BOB throughthe CommunityDevelopment Block Grant programs. The CDBG programs GREENWOODp P gr p grams have At-Large helped to develop strong networks and relationships between local government,residents and many nonprofit agencies throughout the years. STEVE SCHMITT Please authorize Mayor Clark to sign the enclosed Resolution and Proclamation, which will At-Large acknowledge and support National Community Development Week in Waterloo. CITY WEBSITE: www.cityofwaterlooiowa.com MuHOUS ING WE'RE WORKING FOR YOU! OPPORTUNITY An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 2011 — RESOLUTION DESIGNATING NATIONAL COMMUNITY DEVELOPMENT WEEK TO COMMEMORATE THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE CITY OF WATERLOO, IOWA WHEREAS,the Community Development Block Grant (CDBG)program was enacted, and signed into law by President Gerald Ford, as the centerpiece of the Housing and Community Development Act of 1974; and WHEREAS, the CDBG program has as its primary objective "the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low- and moderate-income;"and WHEREAS,the CDBG program has considerable flexibility to allow communities to carry out activities that are tailored to their unique affordable housing and neighborhood revitalization needs; and WHEREAS, throughout its 37-year history,the CDBG program has been a partnership among the federal, state and local governments, business, and the nonprofit sector which carry out activities that improve the lives and neighborhoods of low- and moderate-income families; and WHEREAS, the City of Waterloo with CDBG funds of over one million dollars annually since becoming an entitlement city, has provided a myriad of public service, economic development and housing programs in this community; and WHEREAS, funding for CDBG has been reduced in recent years; and this reduction in funding has had a profound impact on the City of Waterloo CDBG program by eliminating many vital programs; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF WATERLOO, IOWA that it hereby calls on the Congress to provide increased formula funding for CDBG in FY 2011 and FY 2012. BE IT FURTHER RESOLVED,that the Mayor and City Council designate the Week of April 25 through April 30 as"Community Development Block Grant Week" in Waterloo, Iowa in support of this valued program that has made a tremendous contribution to the viability of the housing stock, neighborhoods and infrastructure in Waterloo, Iowa. BE IT FURTHER RESOLVED,that the Mayor and City Council encourage all citizens to join together in expressing support for the Community Development Block Grant Program. PASSED AND ADOPTED this 25th day of April, 2011. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk C.. = 3 CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS, the Community Development Block Grant (CDBG) program has operated since 1974 to provide local governments with the resources required to meet the needs of persons of low and moderate income; and CDBG funds are used by thousands of neighborhood-based, nonprofit organizations throughout the nation to address pressing neighborhood and human service needs; and WHEREAS, the Community Development Block Grant Program has had a significant impact on our local economies through job creation and retention,physical redevelopment and improved local tax bases; and WHEREAS, Waterloo, Iowa, and other local governments have clearly demonstrated the capacity to administer and customize the CDBG program to identify, prioritize and resolve pressing local problems, such as affordable housing,neighborhood and human service needs,job creation and retention and physical redevelopment. NOW, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of April 25 —30, 2011, as NATIONAL COMMUNITY DEVELOPMENT lifEEK In Waterloo, Iowa, and urge all citizens to join us in recognizing the Community Development Block Grant program and the important role it plays in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 25th day of April 2011. ATTEST: 1 it" s P (6 U 1 4 ) ♦.,.tea r. '•_i ` j- pp - y ill - v,1,f ' Irl '\ Suzy Schar s uck Clark City Clerk Mayor C. CITY OF WATERLOO Council Communication City Council Meeting: April 25,2011 Prepared: April 20,2011 Dept. Head Signature: # of Attachments: SUBJECT: Mayor to read "Municpal Clerks Week" Proclamation Submitted by: Mayor Buck Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO, IOYftA PROCLAMATION Y($ iS, the Office of the Municipal Clerk, a time honored and vital part of local. government,exists throughout the world;and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants;and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; . `.' and W$EEEAS, Municipal Clerks have pledged to be ever mindful of their neutrality and WHEREAS, rendering equal service to all;and the Municipal Clerk serves as the information center on functions of local `.' government and community;and II$EEEAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars,workshops and the annual meetings of their state,province,county and WHE REAS, international professional organizations;and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the, Municipal Clerk. NOW THEREFORE,I,Buck Clark,Mayor,do recognize the week of May 1 through May 7,2011, as MUNICIPAL CLERKS WEEK in Waterloo,Iowa,and further extend appreciation to our Municipal Clerk,Suzy Schares and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. IN WITNESS WHEREOF,I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 25th day of April 2011. ATTEST: - , _ 1 4 -, Suzy Schares ° '` Buck Clark City Clerk Mayor 0 0 CD CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS, the Office of the Municipal Clerk, a time honored and vital part of local government, exists throughout the world; and WHEREAS, the Office of the Municipal Clerk is the oldest among public servants; and WHEREAS, the Office of the Municipal Clerk provides the professional link between the citizens, the local governing bodies and agencies of government at other levels; and WHEREAS, Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality,rendering equal service to all; and WHEREAS, the Municipal Clerk serves as the information center on functions of local government and community; and WHEREAS, Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, province, county and international professional organizations; and WHEREAS, it is most appropriate that we recognize the accomplishments of the Office of the Municipal Clerk. NOW,THEREFORE, I, Buck Clark, Mayor, do recognize the week of May 1 through May 7, 2011, as MUNICIPAL CLERKS WEEK in Waterloo, Iowa, and further extend appreciation to our Municipal Clerk, Suzy Schares and to all Municipal Clerks for the vital services they perform and their exemplary dedication to the communities they represent. Ix WrrNEss II$EREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 25th day of April 2011. ATTEST: Suzy Schar s _ Buck Clark City Clerk .- Mayor O O • • • CITY OF WATERLOO Council Communication City Council Meeting:April 25, 2011 Prepared: April 19, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer #of Attachments: 1 SUBJECT: REQUEST BY ANTHONY BRADFIELD FOR AN ASPHALT DRIVEWAY • TO BE LOCATED AT 807 ANTHONY STREET 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 ANTHONY BRADFIELD for construction of an asphalt driveway and placing a driveway or sidewalk on City right of way on an unimproved street, to be located at 807 ANTHONY STREET. 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: see attached A-" by CITY OF WATERLOO / IOWA m WATERLOO ENGINEERING DEPARTMENT....... 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 Ibtioo ‘° ERIC THORSON,P.E. • City Engineer email:city.engineer@waterloo-ia.org Mayor Date " oq 17 ! Z TIMOTHY J. HURLEY To Whom It May Concern: RE: APPLICATION FOR NUMBERING OF BUILDINGS COUNCIL IN THE CITY OF WATERLOO, IOWA MEMBERS In compliance with the City Code of Waterloo Section 7-4-1, an Ordinance requiring REGINALD A. building to be numbered and prescribing the method of exhibition of the numbers,this scHivErrr letter is to advise you that property described as: Ward 1 I CAROL YN r c� 150 Lac-lV Zo l=x -- )`t 13Ca ((r. �e- i-6 NT5 COLE Ward 2 D GETTY 'P ETTY Ward 3 QUE TIN M. will carry the following address. We also ask that temporary numbers be exhibited HART during construction. Ward 4 Street Name k3T. ,y `j T— RON WELPER Ward 5 Number Assigned '0,1)7 BOB GREENWOOD At-Large Sincerely, SIEVE giicz-,zt„ sc lllvaTT At-Large Eric Thorson, P.E. A , City Engineer Applicant's Signature Printed Name of Applicant Prepared by Checked by CITY WEBSITE:www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer WAIVER Date: / r 1%f e' 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 -- driveway or sidewalk located at (concrete or asphalt) (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.- ti\q. l 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, / / / /)'/ Printed Name of Property Owner Signature of Property�Owner Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8912-19-226-017 BRADFIELD,ANTHONY L BRADFIELD,ANTHONY L 733 SHERMAN AV PDF No. Map Area Contract Buyer WATERLOO, IA 50703-0000 7 EWTLO-09 Property Address Current Recorded Transfer 807 ANTHONY ST Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50707-0000 5/1/2002 5/1/2002 2002 029515 D SALES BUILDING PERMIT Date Amount NUTC I Type Date Number Amount Reason 5/1/2002 8,000 VACANT LOTS / Deed 7/1/2011 A 02203 42,000 New Dwlg ASSESSED VALUES/CREDITS Year Class 2011 R 100% Land Dwelling Building M/E Total Acres Value 3,100 0 0 0 3,100 0 Military Homestead Disabled Property Tax Agricultural Family Farm Credits Exemption Credit Veteran Credit Relief Credit Credit Credit Y , Taxable Land Dwelling Building M/E Total Value 1,573 0 0 0 1,573 Year Class 2010 R 100% Land Dwelling Building M/E Total Acres Value 3,320 0 0 0 3,320 0 . Taxable Land Dwelling Building M/E Total Value 1,611 0 0 0 1,611 Year Class 2009 R 100% Land Dwelling Building M/E Total Acres Value 3,320 0 0 0 3,320 0 Taxable Land Dwelling Building M/E Total Value 1,557 0 0 0 1,557 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 2011/2012 Tax 940001 -WATERLOO District Gross Value Taxable Value •Military Exemption Levy Rate Gross Tax Net Tax Corp 3,320 1,611 0 42.69322 $68.78 $68.00 Nocorp 0 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891219226017 11/7/2011 • ' Black Hawk County Detailed Parcel Report Page 2 of 2 LEGAL ICITY VIEW HEIGHTS W 150 FT BLK 28 EXC N 136 FT LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front 136 136 150 150 0 20400 0.468 Foot Totals: 20400 0.468 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891219226017 11/7/2011 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-312 RESOLUTION GRANTING PERMISSION TO ANTHONY BRADFIELD FOR A WAIVER FOR AN ASPHALT DRIVEWAY TO BE LOCATED AT 807 ANTHONY STREET, AND AUTHORIZING CONSTRUCTION OF AN ASPHALT 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 Anthony Bradfield be authorized and permitted to construct an asphalt driveway and place a driveway or sidewalk on city right-of-way on an unimproved street to be located at 807 Anthony Street, and legally described as follows : City View Heights West 150 feet Block 28 except North 136 feet, 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 Anthony Bradfield to construct an asphalt driveway and place a driveway or sidewalk on city right-of-way on an unimproved street to be located at 807 Anthony Street, 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 25th day of April, 2011 . '&144 -eg/ Ernest G. Clark, Mayor ATTEST: <111 Suzy Sc1iares, CMC City Clerk Resolution No. 2011-312 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. 2011-312, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 25th day of April, 2011 . Witness my hand and seal of office this 25th day of April, 2011 . r SEAL Suzy Sares, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting:April 25, 2011 Prepared: April 20, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: REQUEST BY MARTHA JOHNSTON FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 3624 INVERNESS ROAD 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 MARTHA JOHNSTON for construction of a concrete driveway to be located at 3624 INVERNESS ROAD with special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach including the sidewalk section. 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: WATERLOO COUNTRY CLUB ADDITION LOT 43 WAIVER d Date: 4, C 1� �7.E- /( 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 C Ai Cif�P driveway or sidewalk located at (concrete or asphalt) (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, including sidewalk. 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, /YI 4eThi.y tri o��i/J f�( o„„e4 Printed Name of Property Owner Signature of Pope Owner This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-313 RESOLUTION GRANTING PERMISSION TO MARTHA JOHNSTON FOR A WAIVER FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 3624 INVERNESS ROAD, AND AUTHORIZING CONSTRUCTION OF A CONCRETE DRIVEWAY USING SPECIAL SURFACE TEXTURE (I . E. , EXPOSED AGGREGATE, BRICK STAMPED PATTERN, PAVING BRICK) TO BE USED ON THE CONCRETE APPROACH, INCLUDING SIDEWALK. 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 Martha Johnston be authorized and permitted to construct a concrete driveway using special surface texture (i. e. , exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach, including sidewalk, and legally described as follows: Waterloo Country Club Addition Lot 43, 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 Martha Johnston to construct a concrete driveway using special surface texture (i. e . , exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach, including sidewalk, to be located at 3624 Inverness Road, 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 25th day of April, 2011 . iZterl/ 4411 Ernest G. Clark, Mayor ATTEST:!(-2N - Suzy Shares, CMC City Clerk Resolution No. 2011-313 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. 2011-313, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 25th day of April, 2011 . Witness my hand and seal of office this 25th day of April, 2011 . </Iv SEAL uzy Sch res, CMC City Cle k • • CITY OF WATERLOO Council Communication City Council Meeting:April 25, 2011 Prepared:April 19, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: REQUEST BY WILLIAM KOLSRUD FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 1343 WALLGATE 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 WILLIAM KOLSRUD for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, to be located at 1343 WALLGATE 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: HAGERMAN PLACE LOT 11 BLK 29 WAIVER Date: (t l ,2,1) I / 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 Caltzrti driveway or sidewalk located at (concrete or asphalt) 13 H 3 We ?,l) , (Address) This waiver is needed because of: special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. 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, IA) ; (( i 4 wm /::U(5r u G� �� /c��vi ✓� `z ( Printed Name of Property Owner Signature of Property Owner LrXisi ng ��hJ sec+ on is 12"abave Su}}er, Front Ba.CK o� walk 4-0 lcvele -clot, is /2.5"rise ; n 8.S '. l2. 3 a Ra1.s;n +tie sidewolK - /5" cxbove 9v44er would reduce slept from back 04- walk !-o Jnrage cf. 3 '/ This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-314 RESOLUTION GRANTING PERMISSION TO WILLIAM KOLSRUD FOR A WAIVER FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 1343 WALLGATE AVENUE, AND AUTHORIZING CONSTRUCTION OF A CONCRETE DRIVEWAY WITH ELIMINATION OF THE SIDEWALK SECTION DUE TO THE INABILITY TO MEET REQUIREMENTS OF THE DRIVEWAY AND SIDEWALK POLICY, PARAGRAPH 1 . 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 William Kolsrud be authorized and permitted to construct a concrete driveway with elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, to be located at 1343 Wallgate Avenue, and legally described as follows : Hagerman Place Lot 11 Block 29, 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 William Kolsrud to construct a concrete driveway with elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, to be located at 1343 Wallgate 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 25th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: ^^� uzy Sc ares, CMC City Clerk Resolution No. 2011-314 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. 2011-314, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 25th day of April, 2011 . Witness my hand and seal of office this 25th day of April, 2011 . SEAL uzy� Scha es, CMC City Cler CITY OF WATERLOOw IOWA /- ^ 1�r. 1► "��7/�/ COMMUNITY DEVELOPMENT 620 Mulberry Street,Carnegie Annex . Waterloo,IA 50703 a (319)291-4429 Fax(319)291-4431 d}etlo0 i0 Mayor CITY OF WATERLOO BUCK CLARK Council Communication COUNCIL City Council Meeting:APRIL 25. 2011 MEMBERS Prepared:April 18, 2011L Dept. Head Signature: ay d - Vt Rudy D.Jones # of Attachments: 2 DAVID wd IS SUBJECT: National Community Development Week CAROLYN Submitted by: Rudy D.Jones, Community Development Director COLE Ward 2 Recommended City Council Action: Proclaim April 25-30, 2011 as National Community HAROLD Development Week. GETTY Wards Summary Statement: QUENTIN M. The City of Waterloo is an entitlement city receiving U.S. Department of Housing and Urban HART Development funding through their Community Development Block Grant (CDBG) annual Ward 4 allocation. The Community Development Board and staff respectfully request the Council to Rory proclaim the week of April 25-30, 2011 as National Community Development Week in WELPER Waterloo, Iowa. Ward 5 Communities around the nation will join together and commemorate 37 years of funding BOB throughthe CommunityDevelopment Block Grant programs. The CDBG programs have GREENWOODP p gr At-Large helped to develop strong networks and relationships between local government, residents and many nonprofit agencies throughout the years. STEVE scllNurr Please authorize Mayor Clark to sign the enclosed Resolution and Proclamation, which will At-Large acknowledge and support National Community Development Week in Waterloo. CITY WEBSITE:www.cityofwaterlooiowa.com . \ WE'RE WORKING FOR YOU! EOM ROUSING OPPORTUNITY An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 2011 —`.3(5 RESOLUTION DESIGNATING NATIONAL COMMUNITY DEVELOPMENT WEEK TO COMMEMORATE THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE CITY OF WATERLOO,IOWA WHEREAS,the Community Development Block Grant(CDBG)program was enacted, and signed into law by President Gerald Ford, as the centerpiece of the Housing and Community Development Act of 1974; and WHEREAS,the CDBG program has as its primary objective"the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low- and moderate-income;" and WHEREAS, the CDBG program has considerable flexibility to allow communities to carry out activities that are tailored to their unique affordable housing and neighborhood revitalization needs; and WHEREAS,throughout its 37-year history,the CDBG program has been a partnership among the federal, state and local governments, business, and the nonprofit sector which carry out activities that improve the lives and neighborhoods of low- and moderate-income families; and WHEREAS,the City of Waterloo with CDBG funds of over one million dollars annually since becoming an entitlement city,has provided a myriad of public service, economic development and housing programs in this community; and WHEREAS, funding for CDBG has been reduced in recent years; and this reduction in funding has had a profound impact on the City of Waterloo CDBG program by eliminating many vital programs; NOW,THEREFORE,BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF WATERLOO, IOWA that it hereby calls on the Congress to provide increased formula funding for CDBG in FY 2011 and FY 2012. BE IT FURTHER RESOLVED,that the Mayor and City Council designate the Week of April 25 through April 30 as "Community Development Block Grant Week" in Waterloo, Iowa in support of this valued program that has made a tremendous contribution to the viability of the housing stock, neighborhoods and infrastructure in Waterloo, Iowa. BE IT FURTHER RESOLVED,that the Mayor and City Council encourage all citizens to join together in expressing support for the Community Development Block Grant Program. PASSED AND ADOPTED this 25th day of April, 2011. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS, the Community Development Block Grant (CDBG) program has operated since 1974 to provide local governments with the resources required to meet the needs of persons of low and moderate income; and CDBG funds are used by thousands of neighborhood-based, nonprofit organizations throughout the nation to address pressing neighborhood and human service needs; and WHEREAS, the Community Development Block Grant Program has had a significant impact on our local economies through job creation and retention,physical redevelopment and improved local tax bases; and WHEREAS, Waterloo, Iowa, and other local governments have clearly demonstrated the capacity to administer and customize the CDBG program to identify, prioritize and resolve pressing local problems, such as affordable housing, neighborhood and human service needs,job creation and retention and physical redevelopment. NOW, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of April 25 —30, 2011, as NATIONAL COMMUNITY DEVELOPMENT WEEK In Waterloo, Iowa, and urge all citizens to join us in recognizing the Community Development Block Grant program and the important role it plays in our community. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 25th day of April 2011. AT LEST: ice, Hj } Suzy Scharr . ��c,z ' uck Clark City Clerk ; '3`f' Ma or Y RESOLUTION NO. 2011-315 RESOLUTION DESIGNATING NATIONAL COMMUNITY DEVELOPMENT WEEK TO COMMEMORATE THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN THE CITY OF WATERLOO, IOWA. WHEREAS, the Community Development Block Grant (CDBG) program was enacted, and signed into law by President Gerald Ford, as the centerpiece of the Housing and Community Development Act of 1974; and WHEREAS, the CDBG program has as its primary objective "the development of viable urban communities, by providing decent housing and a suitable living environment and expanding economic opportunities, principally for persons of low- and moderate- income; " and WHEREAS, the CDBG program has considerable flexibility to allow communities to carry out activities that are tailored to their unique affordable housing and neighborhood revitalization needs; and WHEREAS, throughout its 37-year history, the CDBG program has been a partnership among the federal, state and local governments, business, and the nonprofit sector which carry out activities that improve the lives and neighborhoods of low- and moderate-income families; and WHEREAS, the City of Waterloo with CDBG funds of over one million dollars annually since becoming an entitlement city, has provided a myriad of public service, economic development and housing programs in this community; and WHEREAS, funding for CDBG has been reduced in recent years; and this reduction in funding has had a profound impact on the City of Waterloo CDBG program by eliminating many vital programs; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COUNCIL OF THE CITY OF WATERLOO, IOWA, that it hereby calls on the Congress to provide increased formula funding for CDBG in FY 2011 and FY 2012 . BE IT FURTHER RESOLVED, that the Mayor and City Council designate the Week of April 25 through April 30 as "Community Development Block Grant Week" in Waterloo, Iowa in support of this valued program that has made a tremendous contribution to the viability of the housing stock, neighborhoods and infrastructure in Waterloo, Iowa. BE IT FURTHER RESOLVED, that the Mayor and City Council encourage all citizens to join together in expressing support for the Community Development Block Grant Program. Resolution No. 2011-315 Page 2 PASSED AND ADOPTED this 25th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: yuzy,S hues, CMC tity 'Clerk FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FYA'/I BUDGETED 1t,CY0 CITY OF WATERLOO EXPENDED YTD 4F`l9 5(- THIS REQUEST 5?&yr'—/ LEFT AFTER THIS REQUEST // 4,7&O, 5 2 DATE ��w, Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Probationary Police Officer Diana Del Valle April 11th, 2011 NAME OF CLASS / MEETING: DESTINATION: Iowa Law Enforcement Academy 240Th Iowa Law Enforcement Basic Academy Johnston, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: April 25th, 2011 August 5`h, 2011 April 25th-August 5`h, 2011 PURPOSE OF TRAVEL: Lt Krogh is requesting to send newly hired probationary officer Diana Del Valle to the 240Th Iowa Law Enforcement Basic Academy that is being held at the Iowa Law Enforcement Academy from April 25th, 2011 to August 5th, 2011. This is a mandatory thirteen-week school to become a State of Iowa certified Police Officer. She will receive basic law enforcement training such as firearms, criminal law, traffic law, drivers training and other related courses. The total cost to attend this training to include registration; lodging, meals and travel expense is$5789.97. A city vehicle will be required to travel to and from 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 $00.00 LODGING TAXI xx GRANT REIMBURSABLE $1083.97 MEALS PARKING YES NO $4606.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $100.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 5789.97 TOTAL: $ 5789.97 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR 4/9'-q9Ot DATE DATE CITY OF WATERLOO Council Communication City Council Meeting: 4/25/11 Prepared: 4/19/11 Dept. Head Signature: PH # of Attachments: 0 SUBJECT:Appointment of Todd J. Henrich to the position of Park Maintenance IV-Electrician Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action:Approve appointment of Todd J. Henrich to the position of Park Maintenance IV- Electrician from the current Civil Services list. Effective May 9 pending pre- employment physical exam. Summary Statement: This position replaces a vacant Park Maintenance II position(retirement). Increasing Expenditure Required: Ongoing for salary and benefits. Source of Funds: Position is budgeted in FYE2011 and FYE2012 operation budgets. Policy Issue: NA Alternative: NA Background Information: This is a new position with funding available from retirement of a Park Maintenance II, Construction employee. This electrician position will allow for reduced expenditures for contracted electrical services. CITY OF WATERLOO Council Communication City Council Meeting: April 25, 2011 Prepared: ril , 2011 Dept. Head Signature: # of Attachments: SUBJECT: Appointment of Public Works Director Submitted by: Mayor Buck Clark Recommended City Council Action: Approve Summary Statement: Appoint Mark Rice to position of Public Works Director effective May 2, 2011 Expenditure Required: Mark Rice's salary will increase to $85,000 annualized Source of Funds Policy Issue Alternative Background Information: Steve Decker, Street Superintendent, is retiring June 6, 2011. He will be taking vacation beginning May 2, 2011 until his retirement date. Appointing a Public Works Director is part of the reorganization plan for our public works departments. CITY OF WATERLOO Council Communication City Council Meeting: April 25, 2011 Prepared: April 21, 2011 Dept. Head Signature: S.G. # of Attachments: SUBJECT: Appointment of Timothy J. Steimel to the position of Maintenance Worker I Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve appointment of Timothy Steimel to the position of Maintenance Worker I from the current Civil Service List. Effective April 26th pending pre-employment physical exam. Summary Statement This position replaces a vacant Parking Meter Repairman position due to a retirement. Expenditure Required: Ongoing for salary and benefits. Source of Funds: Position is budgeted in FYE2011 and FYE 2012 operation budgets. Policy Issue Alternative Background Information: This is a former Parking Meter Repairman poisiton. The title for this position now will allow combining services, when needed, with Leisure Serivces downtown maintenance crew. 4 BONDS FOR COUNCIL APPROVAL APRIL 25, 2011 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/12) AMOUNT: $5, 000.00 - BD 7900550868 CHRISTONE, INC. WATERLOO, IA 71093090 DARRIN YOUNG 7 2 WATERLOO, IA -58435266 DENNIS C. CHRISTENSEN CEDAR FALLS, IA _ RSS0076801 FRICKSON BROTHERS EXCAVATING EVANSDALE, IA --BD 0000054805 HUFF CONTRACTING, INC. WATERLOO, IA -7900359524 KEVIN DOMEYER DBA CONCRETE WORKS WATERLOO, IA - IA 580340 LARSON CONSTRUCTION CO INC INDEPENDENCE, IA 7900322198 MICHAEL JAMES DES MOINES, IA - 95 02 3294 8 SWEERIN BROTHERS MASONRY WATERLOO, IA .-RL10572023 TIEDT DRAINAGE, INC. WAVERLY, IA -IA 560030 TIME CONCRETE CONST. CO. HUDSON, IA --BD 0000214190 TODD VAN DORN DBA TODD VAN DORN CONSTRUCTION CEDAR FALLS, IA IA- 580365 WHITNEY BUILDERS INC. CEDAR FALLS, IA CITY OF WATERLOO , IOWA Ivi1� r, CITY ATTORNEY'S OFFICE 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319)291-4571 %/17c o \O JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOEFEt,Assistant City Attorney Mayor BUCK CLARK COUNCIL April 25, 2011 MEMBERS DAVID JONES Ward 1 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 QUENIIN M. I have examined the bonds filed with the City Clerk/Auditor's Office up to the HART close of business on April 21, 2011. Ward 4 RON Of the / 3 bonds submitted, / 2 were approved and WELPER rejected, as shown on the attached list. Ward 5 BOB Very truly yours, GREENWOOD 'I At-Large � ,•r STEVE SCHMITT Davi . Zellhoefer At-Large Assistant City Attorney DRZ:lc 0 a r y r r YJ�-�n �j0 r/ c/- 7 " - It, jk U r�.-r yr © lam CITY WEBSITE:www.cityofwateriooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer • • • • • • • • • • • • * • • • • • • • 1 • '-I ii -I00 C O. 1 '< <1-1-.. "1 _ err U-,.• r D C I-I W C I-I W 0 1-1 V.)'. C f-i.41 0 i-i L1 0 I i 11 2 M (— 1-_ —I Im,- _1. IrI... -1 Ili,-. .y nI.- - rn.- '-1 m ii 0 Z D "'a CO 1. ,+II#N I3' .-{3 CO I. 3 ¢) > 13 co ' 3 it 0 t- o a "' #.` .A r .. IT: G) r *I*W 0 .- * i1 .xi 0 A.-n ii C . < I-o .r (.3 IU 7: m 0 0 0 0 I. 3 —. V 0'Z 0 C I 00 ' f. L 0 0 < CJ`C) 0 Z r� I - *ff. 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IL XI na R• z1 Cr. .n 3 -a .. 3I I� 0 2 co- M 0 0 L., J CJ U C:I in ,... 0.• 0, .(0 P. -0 ".7 m 06 In '-mi I, f s CCI Ill I 1...3 XI!al CI T C) IV I•.LI.R) IV IX:N I... 11.. CI. 7 r CCI )11 in Cn r, 0 in 0) -.Cr -0 111 ,J 0 I.- 13 R, 7 Pel y. ,-..,,.. A. A. A. a a a a a a a a a a a a a a. a. a a a. All. CITY OF WA I'FRLOO Council Communication R4EgUrt a5i61 City Council Meeting:April 11, 2011 Prepared:April 1, 2011 Dept. Head Signature: Sandie Greco #of Attachments: 1 SUBJECT: PURCHASING TRAFFIC SIGNAL EQUIPMENT,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 25, 2011. Summary Statement This is for purchasing mast arm poles to be installed by Traffic Operations Depattment personnel. Expenditure Required $46,460 Source of Funds Iowa Traffic Safety Grant covering 100% of the purchase costs up to the grant amount of$96,100. (Grant amount covers this signal equipment as well as mast arm poles estimated at$44,000.) 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. Emergency vehicle preemption will be installed for W. 9r1'Street at Williston. CONTRACT DOCUMENTS PURCHASING TRAFFIC SIGNAL EQUIPMENT 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-1 A. TSB REQUIREMENTS III-1 B. TSB DIRECTORY INFORMATION III-1 IV- SPECIFICATIONS 1 A. SCOPE IV-1 B. DEFINITIONS IV-1 C. RELATED SPECIFICATIONS AND STANDARDS IV-1 D. EQUIPMENT AND MATERIAL SHALL BE NEW IV-1 E. SOLID STATE ACTUATED TRAFFIC SIGNAL CONTROLLER IV-2 F. CONTROLLER CABINET IV-2 G. VEHICULAR TRAFFIC SIGNAL HEADS IV-3 H. BACKPLATES IV-5 I. PEDESTRIAN SIGNALS AND ACCESSORIES IV-5 J. LUMINAIRES IV-5 • K. EMERGENCY VEHICLE PRE-EMPTION (EVP) SYSTEM IV-6 L. GALVANIZED STEEL TRAFFIC SIGNAL PEDESTALS IV-6 M. CERTIFICATION IV-6 N. TECHNICAL ASSISTANCE AT TURN ON IV-7 O. LOOP DETECTORS. IV-7 P. SIGNS IV-7 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 TRAFFIC SIGNAL EQUIPMENT 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 25 day of April 2011, until 12:00 noon for the purchase of TRAFFIC SIGNAL EQUIPMENT as described in detail per the plans and specifications now on file in the office of the City Clerk. Bids will be opened in Council Chambers in the City Hall, on April 25, 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 goods are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. A contract will be awarded to the qualified bidder submitting the lowest total bid. The City reserves the right to reject any or all bids, re-advertise, and to waive informalities. Bids may be held by the City for 30 days from the day of the opening of bids prior to awarding the contract. PUBLIC HEARING The City Council will conduct a public hearing on the proposed specifications, form of contract, and estimate of cost now on file in the office of the City Clerk, at 5:30 p.m. on April 25, 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. CITY OF WATERLOO, IOWA Suzy Schares City Clerk NOTICE OF PUBLIC HEARING PAGE I-1 II- FORM OF BID OR PROPOSAL PURCHASING TRAFFIC SIGNAL EQUIPMENT FOR WILLISTON/BALTIMORE & WILLISTON /W. 9TH TRAFFIC SAFETY IMPROVEMENTS CITY OF WATERLOO, IOWA Honorable Mayor and City Council, Waterloo, Iowa 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), now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, proposes to furnish all materials and equipment including transportation services required to supply and deliver the TRAFFIC SIGNAL EQUIPMENT, all in accordance with the above-listed documents and for the unit prices for the following items and quantities: TRAFFIC SIGNAL EQUIPMENT BID DESCRIPTION UNIT EST. UNIT BID . EXTENSION ITEM QTY. PRICE CONTROLLER CABINET NEMA TS2 TYPE-1 FULLY ACTUATED COMPLETE WITH CONTROLLER,MMU, DETECTORS, ETC.TO ACCOMMODATE OPERATIONS PER SIGNALS SHEET 1 AND SHEET 3, AND SPECIFICATIONS,READY TO INSTALL AND 1 OPERATE AT WILLISTON AND W.9TH. EA 1 CONTROLLER CABINET NEMA TS2 TYPE-1 FULLY ACTUATED COMPLETE WITH CONTROLLER,MMU, DETECTORS, ETC.TO ACCOMMODATE OPERATIONS PER SIGNALS SHEET 2 AND SHEET 3, AND SPECIFICATIONS, READY TO INSTALL AND 2 OPERATE AT BALTIMORE AND WILLISTON. EA 1 3 SECTION VEHICULAR SOLID BALL,LED RYG SIGNAL HEAD,ALUMINUM,COMPLETE WITH VISORS,LOUVERED ALUMINUM BACKPLATES AND 3 CABLE ATTACHED MOUNTING BRACKETS. EA 24 LUMINAIRE, 250 WATT HIGH PRESSURE SODIUM COBRA HEAD WITH LAMP,TWIST LOCK 105-285 4 VOLTS PHOTO EYE RECEPTACLE,AND PHOTO EYE. EA 2 1 SECTION PEDESTRIAN LED SIGNAL HEAD COMPLETE WITH VISORS AND MOUNTING 5 BRACKETS. EA 16 6 PUSH BUTTONS AS PER SPECIFICATIONS EA 16 7 R10-15 30"X 36"SIGN EA 8 8 R10-3B 9"X 12"SIGN EA 16 12 FT PEDESTAL GALVANIZED POLE WITH BREAKAWAY TRANSFORMER BASE AND ALL THE NECESSARY MATERIAL FOR INSTALLATION 9 INCLUDING ANCHOR BOLTS EA 1 FORM OF BID PAGE II-1 TOTAL BID PRICE (NUMERAL): $ TOTAL BID PRICE (WRITING): DOLLARS 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. FORM OF BID 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 traffic signal equipment. 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-1 0 3 ar n U N _ a) ay) • • 3 N y N co o a) E a w .� 0 0 E u)w o 0 `c Y m O 5 aQ y o -0 oCC F E a Z `o ' O o a`i w Z m y L a Q 0 4* ti a N a(.1) N n _ Q W os a) 3 o J co a N a 0 0 a m d 0 E H .0 = 5 m o c Z > _ m 0 C 0 al L E o u) N y 7 a) d a, Z - Et0 J 0 N a) O i� 'a -')) H co O a) E 0 Wz oi a) 0 c N >' — N O C O N N L N 0 > > J 0 0 W CO O CO Q Cn m o) 1,3 W 0 W U a e L ct H H < m co m a Q 0 <Z CO Z o a�i c m U)H > O CC Z U co O as U a) Lir 0 0 U Q c U Z N - 5 d7 a N _ a m m 0 C w (n0 Uo m d OH w 0Z L T E u Z 0 Q COH ~ U O O W o }z d U 3 z J Q a= _c >' (n V) Q Z a) (I) N U C] 0 -o E m (na m w 3 = a ¢ 0 Qm Qw o ix U) WW m aN v IT m zW WH Cd HH ZW a) O N W I 1 I <0 to m 00 00 aE a, CC E S., o w a O O J Q 0 c a) < H m'a) E c Um) m a 0 H o > c 0 H o o to n Li.' o co T N N an o E Oa 0) N N o- orco L N a) O c • C N O N Jn 07 • COU) o H >' a LeiO O N > a) us n a, J 0' U O a)L Cr 0 2 n a H c 2 a)d V U o H E toQ' n N O a) O y0 H y U a a .0N -O 0 O r C L E 0 ° O 0 o U O a).L- n U1 O N .o'ea.- as m ' o.a.,O E E L O O n a N U o a t 1) O N co.O n n o'O O)5 C C a) 3 " N a�� o E oc --m >'n E as ro >''a - Eom o >, O r C C > n o O O > a) W a) - y • a ( aI N y Er ` o N -0 0 m o C U a zW L $ ns CO0 a ' T o - 300 Ow U a U 0 >.G 3 z z H IV- SPECIFICATIONS General Specifications Traffic Signal Equipment Williston @ Baltimore & Williston @ W. 9' Iowa DOT Project Number: CS-TSF-8155(717)--85-07 Traffic Operations Project Number: TRF-161 March 4, 2011 Content Page A. SCOPE IV-1 B. DEFINITIONS IV-1 C. RELATED SPECIFICATIONS AND STANDARDS IV-1 D. EQUIPMENT AND MATERIAL SHALL BE NEW IV-1 E. SOLID STATE ACTUATED TRAFFIC SIGNAL CONTROLLERS IV-2 F. CONTROLLER CABINETS IV-2 G. VEHICULAR TRAFFIC SIGNAL HEADS IV-3 H. BACKPLATES. IV-5 I. PEDESTRIAN SIGNALS AND ACCESSORIES IV-5 J. LUMINAIRES IV-5 K. EMERGENCY VEHICLE PRE-EMPTION (EVP) SYSTEM IV-6 L. GALVANIZED STEEL TRAFFIC SIGNAL PEDESTALS IV-6 M. CERTIFICATION IV-6 N. TECHNICAL ASSISTANCE AT TURN ON IV-7 O. LOOP DETECTORS. IV-7 P. SIGNS IV-7 1 A. SCOPE This Specifications covers standard specifications for traffic signal equipment as per the plans. All material and equipment shall be in accordance with the current Iowa DOT Specification for Traffic Signalization. Where reference is made in this document titled General Specifications to the code, the safety orders, the general order, the standards, laws, ordinances, and codes, it shall mean the version of the reference that is in effect at the date of advertising of these Specifications. All equipment shall be furnished and delivered with all the necessary component and parts for installation of a fully operational signal system. B. DEFINITIONS 1. Specifications mean this document titled "General Specifications". 2. IDOT means the Iowa Department of Transportation. 3. City means City of Waterloo, Iowa. 4. WTOD means City of Waterloo Traffic Operations Department. 5. Burn-in Period means a test period during which signals are put into full operation to test for its proper functionality and operability. 6. Punch List means a list of items that need to be corrected by the supplier on the project before the final acceptance can be made. 7. Response time means the elapsed time from when the supplier is given a notice to make certain actions to the time the supplier actually starts the action. 8. Supplier means the supplier and/or his/her representatives and sub-suppliers. 9. EVP means Emergency Vehicle Preemption. 10. LED means light emitting diode. 11.ADA American with Disabilities Act C. RELATED SPECIFICATIONS AND STANDARDS 1. The material and equipment supplied shall comply with the standards listed in paragraphs C2 to C14 unless otherwise modified by Plans. 2. ITE - Institute of Transportation Engineers. 3. IDOT Standard Specifications for Highway and Bridge Construction, and all current Supplemental Specifications. 4. Specifications of the Underwriters Laboratories, Inc. 5. National Electrical Code. 6. National Electrical Safety Code. 7. Iowa Manual on Uniform Traffic Control Devices. 8. NEMA - National Electrical Manufacturers Association. 9. ASTM-American Society for Testing Materials. 10. ANSI -American National Standards Institute. 11. IMSA- International Municipal Signal Association. 12. MUTCD- Manual on Uniform Traffic Control Devices. 13. Local Ordinances. 14.All pertinent state and federal laws and regulations covering material, design, construction, and operation. D. EQUIPMENT AND MATERIAL SHALL BE NEW Equipment and material shall be of new stock unless otherwise allowed on plans. Equipment and material shall be the products of approved suppliers and manufacturers, approved by the engineer. Miscellaneous electrical equipment and material shall be UL approved SPECIFICATIONS PAGE IV-1 E. SOLID STATE ACTUATED TRAFFIC SIGNAL CONTROLLER Controller shall be new, latest model, NTCIP compatible, and ITE compliant, and shall be fully functional in a TS2 Type-1 cabinet. F. CONTROLLER CABINET The controller cabinet shall be a fully operational and functional NEMA TS2 Type 1 cabinet and shall meet or exceed all the requirements of the Specifications. The controller cabinet shall be NEMA TS2 and shall include everything for TS2 operations such as bus interface units (BIU) and power supplies, MMU, necessary 2-channel detector cards, and all other necessary components. All conduit openings in the controller cabinet shall be sealed with a sealing compound. This compound shall be a readily workable soft plastic except those provided for drains. It shall be workable at temperatures as low as 30°F, and shall not melt or run at temperatures as high as 300°F. Controller cabinets shall be dust proof, weatherproof and made from high-grade natural aluminum to furnish housing for the control equipment and terminal facilities. Anchor bolts are to be included. A gasketed panel police door shall be provided with police lock, two keys, flash switch and signal shutdown switch. A 15 AMP GFCI duplex receptacle and lamp base with on-off toggle switch shall be provided. Outlet and lamp to be fused ahead of the cabinet circuit breaker. Inside the cabinet shall include properly rated and of good quality Stop Time Control, Timer Power, Flash, and Detector Test Switches. The stop time control switch will be a 3-position switch labeled MANUAL-OFF- NORMAL. The center off position will allow the controller to cycle normally during flash. The flash switch shall let the controller continue to operate within the cabinet for field evaluation of the controller. Terminals shall be provided which will allow the easy addition in the field of manufacturer's standard features available but not purchased initially. Two cabinet electrical prints shall be provided at a minimum for each cabinet in the bid. The police panel flash switch shall be wired such that when it is switched to "flash" the controller will return to its initialization point and remain there until turned off flash. All load switches shall conform to the triple-circuit solid-state type load switch as specified in the NEMA standard no. TS1-1989. Dual-signal type load switches shall not be allowed and LEDs shall be provided to reflect the DC driver state for red, yellow and green. The closing or opening of signal circuits shall be positive without objectionable dark intervals, flickering of lights or conflicting signal indications. Each circuit shall be a twenty-five ampere rated driver, incandescent lamp load at 120 VAC. The load switch shall be capable of being dimmed by half- cycle technique and provide zero-point crossing transition from off to on. All internal components shall be accessible without encapsulation. Traffic signal loads will be metered while the streetlights are non-metered. There must be a streetlight disconnect in the controller cabinet. SPECIFICATIONS PAGE IV-2 Any load switch circuit supplying power to a single indication with the exception of a red light shall have a ballast resistor attached inside the cabinet. A ten (10) watt or greater, 3000 ohm resistor will be adequate. Each circuit shall be a ten ampere rated driver, LED lamp load at 120 VAC. Cabinet AC power/lightening and overload protection devices. Protection devices shall consist of a solid state non-gas tube surge protector connected to the cabinet ground. An EDCO 5 HP 300-10 surrestor shall be used. The MSD harness wiring shall all be terminated on a separate dedicated termination panel All incoming service voltage connections (including breakers) shall have clear plastic protective shielding covers. The supplier shall install one 30 AMP breaker, 2-pole for traffic signals, one 30 AMP, 2-pole breaker for lighting, one 60 AMP, 2-pole breaker for main conductors inside each cabinet. The controller cabinet shall have installed a disconnect panel box, which will shut power off to all circuits inside the cabinet. The disconnect panel box shall be wired as shown on the project plans. The supplier of controller cabinet shall install a disconnect breaker panel and connect as per the traffic signal schematic on the project plans. Cabinets shall have a mounted hardened Ethernet switch with at least 4 ports, and an attached power strip with at least 2 outlets. SIGNAL SERVICE PANEL CABINET. Service panel cabinets shall be furnished when indicated on the project plans/or Specifications and shall be installed onto the traffic signal controller cabinet by the supplier. Meter socket shall be UL and ANSI approved and a stamp showing approvals must be visible on inside of the socket. Meter sockets shall be constructed of steel and finished with light gray coating. The coating shall be electro-statically applied. G. VEHICULAR TRAFFIC SIGNAL HEADS Signal indications shall be 12" diameter. All traffic signal light sources shall be ITE compliant LED. LED Units shall have the manufacturer's name, trademark, model number, serial number, lot number, month and year of manufacture, and required operating characteristics permanently marked on the back of each unit. Required operating characteristics shall include rated voltage, power consumption and volt-ampere (VA). Two secured, color coded, 3 feet long, 600 V, 18 AWG minimum,jacketed wires, conforming to the National Electronic Code, rated for service at +105°C, or equivalent cable, shall be provided for electrical connection for each LED Unit. The end of each wire shall be fitted with a size #10 spade (fork) type connector. LED Unit's on-board circuitry shall include voltage surge protection to withstand high repetition noise transients in conformance with the requirements in Section 2.1.6 of NEMA Standard TS2-1992. LED Units shall be operationally compatible with the supplied controller and cabinet assemblies. LED Units shall provide a power factor of 0.90 or greater. SPECIFICATIONS PAGE IV-3 Independent testing laboratory certification to demonstrate wattage and ITE conformance shall be supplied to the City prior to ordering. Operating voltage shall be between 92 and 135 VAC, 60 HZ ± 3. The supplier shall provide a written warranty against defects in materials and workmanship for LED Units for a period of at least 5 years after installation of LED Units. The warranty shall cover performance (including loss of intensity to a level below the minimum standard level). During the warranty period the supplier shall replace or fix any failures within 5 days of the notification at no cost to the City. Cost of material and shipping to replace or repair failed LED shall be included in the warranty and shall be the supplier's responsibility. All warranty documentation shall be given to the City prior to shipment or shall accompany shipments. Replacement LED Units shall be delivered to WTOD. The housing for the individual sections shall be made of a die-cast aluminum. The top and bottom of each section shall have an integral locking ring with separations to permit rotation of the signal head in five-degree increments. Openings in the top and bottom of the signal shall accommodate standard one and one-half inch (1 1/2) bracket arms. All joints between sections shall be waterproof. Locknuts or other means approved by the engineer shall hold the section firmly together. Each section shall be complete with a one (1) piece, hinged door with watertight gaskets and two (2) stainless steel locking devices. The hinged pins shall be designed so that the doors may be easily removed and reinstalled without use of special tools. One section of a three or more section assembly shall be equipped with terminal block for termination of field wiring. Each lens shall have a tunnel visor with cut-off lower part, and at least eight (8) inches in length. Aluminum tunnel visors shall have a minimum thickness of 0.05" and be painted flat black. The socket wires shall be a minimum of twenty-six (26) inches long, composed of wire with insulation designated to withstand one hundred five degrees (105°) centigrade. The wiring leads shall be fitted with a size #10 spade (fork) type connector. The socket shall be equipped with a gasket to insure a dust-tight fit. A coupling washer assembly comprised of two (2) washers, three (3) cadmium- plated bolts, nuts and lock washers shall lock the individual sections together. The hole in the coupling washer assembly shall be large enough to accommodate three (3), three-fourths (3/4) inch cables. All signals head shall come with vertical and horizontal adjustable banded clamp- style mounting brackets. Certification. The City shall be furnished with a certification from the manufacturer of the signal head that the equipment furnished complies with all provisions of Specifications. If there are any items, which do not comply with Specifications, a list of those exceptions must be detailed on the certification. All screws, latching bolts and hinge pins shall be according to manufacturers' recommendations. One section of the three-section signal head shall be equipped with a six position terminal block for termination of field wiring. Each five-indication signal shall be equipped with an eight position terminal block. SPECIFICATIONS PAGE IV-4 All surfaces of metal signal housing doors and visor shall be treated with either a prime coat of zinc chromate or a chromate aluminum oxide coating process. The finish shall be of best quality oven baked, federal yellow, enamel, except the doors and visors shall be flat black. H. BACKPLATES. Backplates shall be aluminum and louvered. Backplates shall be five-inch (5) border in size shall be at least 0.05" thick. A one (1) inch radius shall be provided on all corners. Each backplate shall be furnished with all the necessary mounting hardware for attachment according to manufacturers' instructions. All mounting hardware shall be rustproof or corrosion resistant. I. PEDESTRIAN SIGNALS AND ACCESSORIES Pedestrian signal indications shall be 16" one-section hand-man type. All pedestrian signal lamps shall be ITE compliant LED. MOUNTING HARDWARE. Signals to be mounted on mast arms shall be aluminum and be provided with adjustable brackets for mounting, as well as all other hardware necessary to completely mount the respective signals. All mounting hardware shall be compatible with the type of poles as shown on the plans. PEDESTRIAN PUSHBUTTON. Push buttons shall be manufactured for the purpose of outdoor pedestrian signal activation, and shall be ADA compliant with audible signal and LED indication. The pushing area shall be large enough so that it could be pushed with the palm of the hand and activated rated four pounds. J. LUMINAIRES The luminaires, in general, shall be as shown in the plans and as modified in these Specifications. Luminaires shall be 250 watt high pressure sodium vapor with integral constant wattage ballast wired and installed for operation on 120 volt AC, single phase, 60 Hz. Luminaires shall provide ANSI/IES light distribution pattern Type V. Luminaire and lamp size required for a particular system shall be as shown in the plans. Lighting conductors for luminaires shall be 2C No. 10 stranded type THWN. The luminaire shall come with an operational photocell. Each luminaire shall be complete with EEI-NEMA Standard through terminal polarized, twist-lock type photoelectric control receptacle. Individual luminaires shall be provided with molded in-line fuse connector. Molded fused connector shall provide waterproof connections with breakaway feature, and be sized to fit the conductors. Fuses shall be 10-ampere cartridge type. The neutral conductor shall not be fused. The photoelectric control turning "ON" and "OFF" roadway luminaires shall be in accordance with the following: The photoelectric controls shall be of a solid-state crystal sensing type with an inverted turn-on and turn-off design and shall meet the design and quality requirements specified in the current acceptable standards to ANSI C136.10. The device shall have surge protection conforming to the requirements in the current acceptable surge protection ANSI standards. The voltage rating of the control device shall be multi-voltage operating properly over the input voltage range of one hundred five (105) to two hundred eight-five SPECIFICATIONS PAGE IV-5 (285) volts, 50-60 Hertz, alternating current with no change in the turn-on and turn- off foot-candle values, and a maximum total drift of not more than one percent (1%) over ten (10) years. The control device shall be fully rated at 1800 VA, fifteen (15) amps for all HID lamps. The control device shall have a minimum thirty (30) second time delay to eliminate false operation due to lightning or stray passing lights, shall provide fail-safe operation (the light supply shall remain "ON" if the control circuit fails), and shall be equipped with an arrester for built-in transient surge protection. The "TURN ON" level of the control device shall be three (3.0) foot-candles at the appropriate voltage; the "TURN OFF" level of the control device shall be sixty percent (60%) of the turn on value. K. EMERGENCY VEHICLE PRE-EMPTION (EVP) SYSTEM EVP system is only required for the cabinet at W 9th and Williston. EVP shall cause only one of the detected directions (north or south) to turn green keeping all other three approaches red. EVP confirmation light shall have LED light source. EVP system shall conform to the plans. It shall be compatible with City of Waterloo's existing Opticom emitters mounted on City of Waterloo's emergency response vehicles. L. GALVANIZED STEEL TRAFFIC SIGNAL PEDESTALS Construction. The length of the pedestal, from the bottom of the base to the top of the shaft shall be ten feet or otherwise specified on the plans. The pedestal shaft shall be fabricated of tubing with a wall thickness of at least one- eighth inches. It shall have a satin brush or spun finish. The top of the shaft shall have an outer diameter to receive a pole-top mounting bracket of a traffic signal or a pedestal-mounted traffic signal controller. Galvanization of the pole shall be in accordance with the latest revision of A.S.T.M. A123. All hardware shall be of hot dipped galvanized steel in accordance with the latest revision of A.S.T.M. A123. All pedestal poles shall be galvanized steel and shall be in conformance with IDOT Specification 5954M. The pedestal base shall be cast-aluminum, square in shape, with a handhole. The size of the handhole shall be at least four inches by six inches (4" x 6") and equipped with a cover, which can be securely fastened to the shaft with the use of simple tools. Pedestal poles shall have break-away transformer bases. Bases shall have a minimum weight of 20 pounds, and shall have a 4 bolt pattern uniformly spaced on a 13 and 3/4 inch diameter bolt circle. The exterior of the base shall be smooth and have a neat appearance. Anchor Bolts. Galvanized, hot rolled steel anchor bolts, sizes as determined by the pole manufacturer, shall be supplied, complete with all the hardware required for installation. The anchor bolts shall have a right angle bend at the bottom end and threaded at the top end. M. CERTIFICATION The engineer shall be furnished with a certification from the equipment manufacturer or supplier stating that the equipment furnished under this Specification complies with all provisions of this Specification. SPECIFICATIONS PAGE IV-6 With prior approval of the engineer, minor exceptions to this Specification may be allowed, provided these exceptions are detailed on the certification. All controllers and auxiliary equipment furnished under this Specification shall be warranted to be free from defects in workmanship and materials for either six (6) months from the date of project acceptance or the standard manufacturer's warranty whichever is longer. Any parts found to be defective shall, upon concurrence of the defect by the manufacturer, be replaced free of charge. Project acceptance is when a Statement of Completion and Final Acceptance of Work is issued by the City. N. TECHNICAL ASSISTANCE AT TURN ON Upon City's request a representative from the manufacturer and/or supplier of the controllers shall be at the project site when the controllers are ready to be turned on, to provide technical assistance including, as a minimum, programming of all necessary input data at no extra charge to the city. All required signal timing data shall be provided by the City. O. LOOP DETECTORS. Detectors shall be 2 channel rack mounted fully TS2 compatible. P. SIGNS All signs shall be made of aluminum or galvanized steel plates and shall have diamond grade retroreflective sheeting material. SPECIFICATIONS PAGE IV-7 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 TRAFFIC SIGNAL EQUIPMENT Williston/Baltimore & Williston/W. 9th CS-TSF-8155(717)--85-07 TRF-I61 1. Project Purchasing TRAFFIC SIGNAL EQUIPMENT. 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 Delivery is required within 60 calendar days from the time a notice to Documents proceed is issued. 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. All transportation and delivery costs shall be included in the bid price. 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 $10 per day beyond 50 days and any authorized extensions. Damages Maximum delay is 30 days. 16. Settlement of Normal procedures. Disputes PAGE VI-1 VII- FORM OF CONTRACT PURCHASING TRAFFIC SIGNAL EQUIPMENT 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 TRAFFIC SIGNAL EQUIPMENT 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, } I do solemnly swear that the annexed copy of legal City of Waterloo Black Hawk County, SS Notice of Public Hearing and Notice to Bidders - Traffic Signal Notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 18th day of April 2011 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, NOTICE OF PUBLIC HEARING AND and that the following is a correct bill for publishing NOTICE TO BIDDERS NOTICE OF PUBLIC HEARING said notice. On Specifications,Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Bids For Printer's Bill $20.40 PURCHASING TRAFFIC SIGNAL EQUIPMENT FOR WILLISTON AT BAL- TIMORE& ETYWILLISTONAT W. 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 Signed Waterloo,Iowa 50703 on the 25th day of g April,2011,until 12:00 noon for the pur- chase of TRAFFIC SIGNAL EQUIP- MENT as described in detail per the plans and specifications now on file in �� the office of the City Clerk. Bids will be Subscribed d sworn to before me this opened in Council Chambers in the City Hall,on April 25,2011,at 5:30 p.m.,and will be acted upon at that time and place C. or at such then be fixed. Day of A.D., 20 later time and place as may then The Specifications and the prior pro- ceedings on the City Council referring to pn < and defining said goods are hereby ,�` , made a part of this notice,and the pro- 99 posed contract by reference shall be `} rag♦fd executed in compliance therewith. vC.^ 1 at}f 3 PUBLIC HEARING The City Council will conduct a public hearing on the proposed specifications, Notary Public form of contract,and estimate of cost now on file in the office of the City Clerk, at 5:30 p,m.on April 25,2011,in the Council Chambers in the City Hall.You Received of may appear and make objection thereto with the City Clerk before the date set for said hearing,or appear and make objec- tion thereto at the hearing. CITY OF WATERLOO,IOWA Suzy Schares City Clerk the sum of Dollars. In full for publication of the above notice. Purchase of Traffic Signal Equipment, Williston at Baltimore 85 Williston at West 9th Street, Traffic Safety Improvements TRF-161 April 25, 2011 Bid Tab Estimate: $ 1/4 fUD, as Bid Bond Not Required Bidder Bid Amount Brown Traffic Products, Inc. 736 Federal St, Suite 2312 l/ 3, v34 Davenport, Iowa 52803 General Traffic Controls, Inc. 1963 330th St, Suite B ' � /�Spencer, Iowa 51301 1 Traffic Control Corporation P.O. Box1051 /70 7/ 7 rO Ankeny, Iowa 50021 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2011-316 RESOLUTION CONFIRMING APPROVAL OF SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PURCHASE OF TRAFFIC SIGNAL EQUIPMENT, WILLISTON AT BALTIMORE AND WILLISTON AT WEST 9TH TRAFFIC SAFETY IMPROVEMENTS . 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, estimate of cost, etc. , in conjunction with the Purchase of Traffic Signal Equipment, Williston at Baltimore and Williston at West 9th Traffic Safety Improvements, in the City of Waterloo, Iowa, and WHEREAS, said Superintendent of Traffic Operations did file said preliminary specifications, bid document, form of contract, estimate of cost, etc. in conjunction with Purchase of Traffic Signal Equipment, Williston at Baltimore and Williston at West 9th Traffic Safety Improvements, which were preliminarily approved by Resolution No. 2011-288 on April 11, 2011, and WHEREAS, a public hearing, upon notice, was held on April 25, 2011 . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc. in conjunction with the Purchase of Traffic Signal Equipment, Williston at Baltimore and Williston at West 9th Traffic Safety Improvements, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 25th day of April, 2011 . -46,- (41 Ernest G. Clark, Mayor ATTEST: �7 Suzyy Sch res, MC City Cle k This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2011-317 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE PURCHASE OF TRAFFIC SIGNAL EQUIPMENT, WILLISTON AT BALTIMORE AND WILLISTON AT WEST 9TH TRAFFIC SAFETY IMPROVEMENTS. WHEREAS, by Resolution No. 2011-316, specifications document, form of contract, etc. , in conjunction with the Purchase of Traffic Signal Equipment the Williston at West 9th Traffic Safety Improvements, ion at nathemCityaof Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on April 25, 2011 as prescribed b statute. Y 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 purchase proceed in accordance with said specifications . PASSED AND ADOPTED this 25th day of April, 2011 . Er est G. Clark, Mayor ATTEST: Suzy Sc res, CMC City Cle k �hr,1` \ rep. CITY OF WATERLOO , IOWA ~AThull , litt COMMUNITY PLANNING AND DEVELOPMENT � S�m 715 Mulberry Street • Waterloo,Iowa 50703-5783 (319;291-4396 Fax(319)291-4262 44rloo 'o NOD.,C.ANDERSON,Communiry Plmnung&Oeoelnpnr„!1 L, CITY OF WATERLOO 1 jekrl: 26 4112V1( mtv BUCK Cf.ARK Council Communication COUNCIL City Council Meeting:A ri1 MEMBERS Prepared:April 6. 2011 Dept. Head Signature:--' DAVID # of Attachments: JONES t{;-nil I CAROLYN SUBJECT: "M-2, P" site plan approval for a new industrial warehousing building for ConTrol Cat" Lot 18, Northeast Industrial Park Plat No. 3. ward 2 HAROLD Submitted by:Noel Anderson Community Planning and Development Director DEITY Waal S Recommended City Council Action: That the City Council set a date of public hearing on the QUENTIN site plan amendment request and publish an official notice pertinent to the requested site plan HART amendment. W-ad=! RON Summary Statement: ConTrol, an existing business in the Northeast Industrial Park is working WE -BER on a 17,500 sq. ft. expansion across the street from their current site which is a 70,000 sq. ft. ra',rd ibuilding in the Northeast Industrial Park at 2425 GT Drive. The new construction would allow BOB them to expand their operations, and would involve the conveyance of additional land from the GREEN\COFFity of Waterloo. At Large SIEVE Expenditure Required:N/A SCHMITT. A rs,gr Source of Funds: N/A Policy Issue: Site Plan Amendment in "M-2, P"Planned Heavy Industrial District Alternative:N/A Background Information: At the April 5, 2011 Planning and Zoning Commission the proposed amendment was unanimously approved. Legal: Lot 18,Northeast Industrial Park Plat No. 3. Cc: Aric Schroeder, City Planner CITY WEBSITE: wwwci.waterloo.ia.us - WE'RE WORKING FOR YOU' �`"" �'� \w„t;a_ca`: An Equal OpportunirylAffirrnative Action Employer Site Plan Amendment:Con Trol expansion:April 4,2011 REQUEST: "M-2, P" SITE PLAN APPROVAL FOR A NEW INDUSTRIAL WAREHOUSING BUILDING FOR CON TROL, LOT 18, NORTHEAST INDUSTRIAL PARK PLAT NO. 3. APPLICANTS: Modern Builders on behalf of Con Trol GENERAL DESCRIPTION: ConTrol, an existing business in the Northeast Industrial Park is working on a 17,500 sq. ft. expansion across the street from their current site which is a 70,000 sq. ft. building in the Northeast Industrial Park at 2425 GT Drive. The new construction would allow them to expand their operations, and would involve the conveyance of additional land from the City of Waterloo. IMPACT ON NEIGHBORHOOD: The proposed building would be a positive impact upon the industrial park, as it is an expansion of an existing company. TRAFFIC CONDITIONS: Access to the site would be from GT Drive as shown with two drive entryways from the west property line. GT Drive and Northeast Drive are classified as local streets, which connect into Newell Street and Martin Luther King Jr. Drive, both of which are classified as a Minor Arterials. These streets also connect into Elk Run Road and Highway 218, giving access to 1-380 and Highway 20. UTILITIES: All utilities serve the current site of expansion. RELATIONSHIP TO PLAN: The proposed plan is in accordance with the Future Land Use Map, which designates this area as Industrial. The Comprehensive Plan classifies this area as a Primary Growth Area, and it would constitute Smart Growth, as the site is currently served by infrastructure. STAFF ANALYSIS: This project would continue the development of this area, which has several other businesses in the industrial park including Gray Transportation, Matcon, Ryder, and the Crown Group. Fergeson Enterprises. Tyson Foods, John Deere, Twin City Hide, and Kinder Morgan are further to the east from the Park itself. The proposed site plan would allow for the immediate construction of a 17,500 sq. ft. building (100' x 175'). The proposed building is setback from property lines 150' from GT Drive, 20' from the northern property line, and over 20' from the eastern and southern property lines. The docking area would face to the west with 6 parking spaces and 11 dock doors. An overhead door is shown on the southern side of the building, and would need hard surfaced entrance for that door. A landscaping plan is being prepared and will be submitted prior to staff sign off of final site plan. The exterior elevations of the site show a metal facade with windows. A total of 11 doors are shown on the exterior with doors at docking height. The site plan shows 6 parking spaces for employees, which also has some 42 ConTrol expantion 2011.doc Site Plan Amendment:Con Trol expansion:April 4,2011 landscaping area around the parking lot. For industrial warehousing, the overall number of parking spaces is determined by the number of employees at the site. The overall site plan would still need to meet all city codes and ordinances regarding, but not limited to, building code requirements, drainage, parking, and landscaping, etc. Con-Trol works with other companies for the supply, repair, maintenance, and management of container systems, shipping, and distribution. They are a supplier to John Deere and their "just in time" Manufacturing process. This building is designed with potential expansion capabilities to the north and south. STAFF RECOMMENDATION: Staff recommends approval of the proposed site plan amendment for the following reasons: 1. The proposed development is consistent with the Future Land Use Map and Comprehensive Plan goals and objectives. 2. The proposed development would appear to meet all of the Zoning Ordinance requirements. Based on the following condition: 1. The applicant continue to work with city staff to ensure compliance with city codes and ordinances regarding, but not limited to, uniform building code requirements, drainage, landscaping, parking, etc. 43 ConTrol expantion 2011.doc . ,�TI1Yi = :".f i'O €_,-4`- �C ,5' red r a _ mis iiimmiii 1 Request or Site Plan Amendment to the "M-2, P" Planned Industrial District for the construction 2 of a 100' x 175' (17,500 SF) Industrial Building. III Pei, i C g at. .Rm T. k I1 4 A sy p: ' '1 ♦ ais iiiiii amen IMP fill mom 2425 GT Driveassial. --- j / imam .sue C ✓" <}u. '� r x^.. ,- :hd +r. C 3. a%F,.. R .. sr- �M�k✓r __ i ,i 1 C J i 'i€e B*1 ° @ I I I i " st gg yCk 9 � �� ie 3 §a lk • • ____. I4 1 A kl i R I I I• F s _ss . Z 5pt g[ :E ,y ( g o d g g 4 I �piePttplt� �j E 1 8 it (7,a� p °•S yy Pi tp .p 1ii ° bi Min 4 I a' Ii ° 1 o- � T gi o- V 4- r- NI 0 I. a ,__ _,_ i . 4 _ o- - --_ L-------=EN r I =',--,----=- I Bill o- =-1 ---_ 4--- ---- 4 - i JHIIi I i < < _________— ., 9 m 0, / 0_ ih ��I� i , L g 4 = x- s - In o r, 1 c), il; ;Ic,_ __ ,_ ___ 1 h.,,,, I,L, . 11l 1(1 _+ c ry !. y ry! ° 111: ke il 7 4 Zn 5 d '6 0 ��l� �"�p°1P1� 1$d 4 yyS 34 g i {1 t i ¶ i Q O i !i l i i i I q ! Ii! � o, Y�� i i _ l i I i1 a t b ) I p _ I 4 p{ q dt IYiSo I 1@!1 ai a y $ I, • C} a l z ` F i. [} 10 a a; } i i a t,. m n•'ii ■ERE @ 1 : Phil 4 p y ♦ e_ a: S al a' a. j O v — ai : : ,in 1 • 4 6 0 !I 4 I I-�� t t 1 is mil. 1 g ! ' Z O E� " III 0 ; 6 s 1C ,� o•. i , t1 y et gl b b b b �y : , . Site Plan Amendment- Con-Trol- 17,500 SF Building z 14 1 '45 5�l 18" Sanitary Sewer R' 4 z u SI 3o,e. J W 11 t4 o to 1 N /8 ga z "� o 5 It ( 1 v m o + a d e, N 7 j t ; fl : 1 gl „ Proposed Building Site i 1 ^ 25'BUILDING LINE i `s •�: ...�`... .a. .�.1--.: , • =iz �yZ-4,11 tea. r _."4-*....--_. �wea ` GT TG DRIVE o r y..$ .M RENAMING RES 2002 664 It 12 02 . riA..•.w- 10 rWe,,S4 i G' ' BK 2003`24" `' u. 0ze-�e3yt�"-'- 4 gg 5 > b .` 20' UTILITY E4 ENT `:.�..:. 25' BUILDING LINE 8" Sanitary Sewer 4" Drain Tile 48 Site Plan Amendment to the "M-2, P" for the construction of a 17,500 SF industrial building east of 2425 GT Drive sporommasentsw C R .'yd .oT'N 'Y•n#.: 5+6 mY fir. h ��' h'`°�� Looking northeast from the curve in GT Looking at 2425 GT Drive,which is Drive at the site where the new industrial directly to the west of the site in question. building will be constructed. Existing industrial development is in the background. Looking east down GT Drive towards Northeast Drive. The lot in question is on the left side of the picture. 49 STATE OF IOWA, } I do solemnly swear that the annexed copy of legal City of Waterloo Black Hawk County, SS Notice of Public Hearing Amendment to "M-2, P" Notice was published in the Waterloo-Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 18th day of April 2011 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing NOTICE OF PUBLIC HEARINv said notice. TO WHOM IT MAY CONCERN: Notice is hereby given that on the 25th day of April,2011,at 5:30 p.m.in the Printer's Bill $11.72 Council Chambers in the City Hall In the City of Waterloo,Iowa,a public hearing wilt be held by the Council of the City of Waterloo,Iowa,on the request of Con- Trol fora proposed site plan amendment to the'M-2,P"Planned Heavy Industrial District for property generally located on Lot 18,Northeast Industrial Park Plat No.3 to allow for the development of a ,S Iglled new 17,500 sq.ft.industrial warehous- ing building,legally described as follows: Lot 18,Northeast Industrial Park Plat No.3,all in the City of Waterloo,Black Hawk County,Iowa. Anyone interested may appear at that ac time and place and be heard or may file Subscribed a d sworn to before me this written objection with the City Clerk,City Hall,in Waterloo,Iowa,before the date • set for said hearing. By order of the Council of the City of Wa- Day terloo this 11th day of April,2011. 1 of A.D., 20 �� Suzy Schares City Clerk o� e _ ��cornnnjssl�A , ,r : 761976 ARES Notary Public Received of the sum of Dollars. In full for publication of the above notice. _ This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-318 RESOLUTION APPROVING THE REQUEST OF CONTROL FOR A SITE PLAN AMENDMENT TO THE "M-2, P" PLANNED INDUSTRIAL DISTRICT LOCATED ON LOT 18, NORTHEAST INDUSTRIAL PARK PLAT NO. 3 FOR A 17, 500 SQUARE FOOT WAREHOUSE BUILDING EXPANSION ACROSS THE STREET FROM THE CURRENT SITE AT 2425 GT DRIVE IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, it has been proposed that the Council of the City of Waterloo, Iowa approve Planned Industrial District 51loca ed on te plan amendment 18, thNortheast Industrial District Park Plat No. 3 for a 17, 500 square foot warehouse building expansion across the street from the current site at 2425 GT Drive, legally described as follows : Lot 18, Northeast Industrial Park Plat No. 3, all in the City of Waterloo, Black Hawk County, Iowa. WHEREAS, a public hearing was held on April 25, 2011, at 5: 30 p.m. , at City Hall Council Chambers, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to approve said above mentioned site plan amendment, and WHEREAS, it is the opinion of this Council that said site plan amendment should be approved as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that a site plan amendment to the "M-2, P" Planned Industrial District located on Lot 18, Northeast Industrial District Park Plat No. 3 for a 17, 500 square foot warehouse building expansion across the street from the current site at 2425 GT Drive, be and the same is hereby approved. PASSED AND ADOPTED this 25th day of April, 2011 . 4.1/7---'e411d7 E nest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cl rk Resolution No . 2011-318 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. 2011-318, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 25th day of April, 2011 . Witness my hand and seal of office this 25th day of April, 2011 . SEAL uzy Sc ares, CMC City Cl rk CITY OF WATERLOO Council Communication City Council Meeting: April 25, 2011 Prepared: April 19, 2011 Dept. Head Signature: Bradley Hagen # of Attachments: 1 SUBJECT: Approval of One Year lease with Waterloo Implement of Waterloo Iowa, in the amount of $6,950 for 20' rotary cutter and 72" deck mount mowers for Waterloo Regional Airport. Submitted by: Bradley Hagen,Airport Director Recommended City Council Action: Approval of One Year lease with Waterloo Implement of Waterloo Iowa, in the amount of $6,950 for 20' rotary cutter and 72" deck mount mowers for Waterloo Regional Airport. Summary Statement Expenditure Required: $6,950 Source of Funds:Airport Operations Fund Policy Issue Alternative Background Information: Waterloo Regional Airport leases two mowers annually to mow our 600 acres of grass. We compared lease versus purchase price years ago and ound it mre advantageous to lease. In addition, the purchase price has increased significantlyfover the last 6 years while the lease rate has remained the same making the lease option even more advantageous. In addition to the very low lease rate, we use the equipment daily and put a very high number of hours on the equipment. We also have very rough terrain to mow, which puts a high amount of wear on the equipment. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703 . RESOLUTION NO. 2011-319 RESOLUTION APPROVING ONE-YEAR LEASE AGREEMENT WITH WATERLOO IMPLEMENT, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the One-Year Lease Agreement dated April 25, 2011, in the amount of $6, 950 . 00 for a 72" deck mount mower and 20' rotary cutter for the Waterloo Regional Airport, by and between Waterloo Implement, Inc. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 25th day of April, 2011 . At'ti /f(Ci E nest G. Clark, Mayor ATTEST: zy Sc ares, CMC City Clerk • ,,,, -, CITY OF WATERLOO , IOWA /filly\rigt .• R' 7.4.5%/i CITY CLERK AND FINANCE DEPARTMENT R 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 *- - SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer dtL't+o:1 \° Mayor BUCKl • / t CLARK Council Communication COUNCIL City Council Meeting: April 25, 2011 MEMBERS Prepared: April 18, 2011 • Dept. Head Signature: y' -e.kii-�0 iZrJ12 DAVID Number of Attachments: None JONES Ward 1 CAROLYN SUBJECT: Funding for Additional Expenses for the COLE RiverLoop Expo Project Ward 2 Submitted by: Michelle Weidner, Chief Financial Officer HAROLD GETTY Wards Recommended City Council Action: I recommend that the Council set a date QUENTINM. of public hearing for May 2, 2011 to approve the reallocation of up to $100,000 of HART General Obligation Bonds, Series 2006A and Series 2007A to pay costs for the Ward 4 clearance, upgrading and improvement of the RiverLoop Expo Grounds. RON Summary Statement: This reallocation will provide funding needed to WELPER complete the work on the RiverLoop Expo project. Ward 5 BOB Expenditure Required: Up to $100,000 GREENWOOD At-Large Source of Funds: Interest earned on bond funds STEVE Policy Issue: None SCHMITT At-Large Alternative: None • Background Information: The City has been working on the RiverLoop Expo Grounds project for several years. The final work has been completed. Additional funding is needed to address issues that arose due to working in an older area of the city. • CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/AffirrnativeAction Employer AHLERS GOONEY, P.G. ATTORNEYS AT LAW 100 COURT AVENUE•SUITE 600 DES MOINES,IOWA 50309-2231 PHONE 515-243-7611 FAX: 515-243-2149 W W W.AHLERSLAW.COM WILLIAM J. NOTH Direct Dial: WNOTH@AHLERSLAW.COM (515)246-0332 April 12, 2011 Ms. Suzy Schares City Clerk City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 RE: Proposed reallocation of unspent proceeds of General Obligation Bonds, Series 2006A and the General Obligation Bonds, Series 2007A Dear Ms. Schares: With this letter I am enclosing a suggested resolution setting a date of public hearing on a proposal to reallocate a portion of the unspent proceeds of the General Obligation Bonds, Series 2006A and the General Obligation Bonds, Series 2007A, in the aggregate amount of not to exceed $100,000 ("Unspent Proceeds"), to pay costs for the clearance, upgrading and improvement of the River Loop Expo Grounds. This project was not included among those expected to be funded with the Series 2006A Bonds and the Series 2007A Bonds when the same were issued. For this reason, we suggest that the Council elect to conduct a public hearing on the proposed reallocation of the Series 2006A Bond and the Series 2007A Bonds proceeds for this purpose. Such reallocation is otherwise permitted under the federal income tax regulations applicable to the Series 2006A Bonds and the Series 2007A Bonds. The notice of this hearing must be published once in a legal newspaper having general circulation in the City, with the publication being not less than four clear days nor more than twenty days before the date of said public meeting. April 12, 2011 Page 2 I also am enclosing suggested proceedings to be acted upon by the City Council on the date set for the public hearing on the proposal to reallocate the Unspent Proceeds as so described. The proceedings first document the receipt of any comments or objections that may be received with respect to the proposal. If the Council determines following the hearing to approve the reallocation, the resolution that follows should then be adopted. This resolution directs that the Chief Financial Officer take such action as may be necessary to implement the reallocation and to cause the records and accounts of the City to reflect the same. As always, we would appreciate receiving certified copies of the enclosed proceedings once the Council has acted on the same. We would also appreciate receiving the publisher's affidavit once it becomes available. Should any questions arise, please don't hesitate to call me. Yours very truly, William J. Noth WJN:dc encl. cc: Michelle Weidner(w/encl.) 689856.1\11310.000 Fes. (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: , 2011. Time of Meeting: o'clock .M. Place of Meeting: Council Chambers, City Hall, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: • Resolution fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2006A and General Obligation Bonds, Series 2007A, and providing for publication of notice thereof Such additional matters as are set forth on the additional page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Waterloo, Iowa - 1 - , 2011 The City Council of Waterloo, Iowa, met in session, in the Council Chambers, City Hall,Waterloo, Iowa, at o'clock .M., on the above date. There were present Mayor , in the chair, and the following named Council Members: Absent: * * * * * * * - 2 Council Member introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2006A AND GENERAL OBLIGATION BONDS, SERIES 2007A, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2006A AND GENERAL OBLIGATION BONDS, SERIES 2007A, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, pursuant to a Resolution approved on June 12, 2006, the City Council of the City of Waterloo, Iowa has previously issued its General Obligation Bonds, Series 2006A, in the aggregate principal amount of$8,200,000 (the "Series 2006A Bonds"), for the purpose of paying costs of the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control and drainage improvements; the construction, reconstruction and repairing of street, sidewalk and intersection improvements; the improvement and repair of bridges; the acquisition, construction and installation of storm sewer and sanitary sewer improvements; the acquisition of vehicles and capital equipment for the Police, Fire Rescue and Street Departments; the acquisition, rehabilitation and demolition of abandoned, dilapidated or dangerous buildings; the rehabilitation and improvement of City parks and the acquisition, repair and replacement • of facilities, equipment and improvements commonly found in City parks, including bikeway development, tennis court improvements and mowing equipment; and the acquisition, improvement and installation of traffic control devices,signage, fixtures and - 3 - equipment, including traffic signal and street light improvements; and the acquisition and improving of the automated GIS/GPS mapping system; the aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa, as amended, and the Urban Renewal Plans for the San Marnan Urban Renewal Area, the Logan Tax Increment Redevelopment Area and the Rath Tax Increment Redevelopment Area, including consulting fees and other planning expenses, property acquisitions and clearance for public and private redevelopment, and incentive payments relating to the acquisition and private redevelopment of properties within such areas; the reconstruction, remodeling, improvement and repairingof Citybuildings and . g facilities, including the Five Sullivan Brothers Center, Young Arena, Police Department, Fire Stations, and Public Library; the reconstruction, remodeling, repair and improvement of City buildings and facilities, including Downtown parking garages and the Central Garage facilities; the acquisition of capital equipment and vehicles for various City departments and operations; and the reconstruction and improvement of City golf courses; the reconstruction, renovation and improvement of the Riverfront Stadium, swimming pools and sports facilities; and improvements to the Center for the Arts; the construction, development and beautification of the banks and other areas adjacent to flood control improvements along the Cedar River in downtown Waterloo, including the construction of the Downtown Pedestrian Riverwalk Loop trail improvements and the Cedar Rapids Plaza and Amphitheater project; and the acquisition, construction and installation of flood control and impounding structures and other waterway improvements at the Cedar River Dam, including the construction of a bladder onto the existing Dam structure; and WHEREAS, pursuant to a Resolution approved on June 18, 2007, the City Council of the City of Waterloo, Iowa has previously issued its General Obligation Bonds, Series 2007A, in the aggregate principal amount of$19,620,000 (the "Series 2007A Bonds"), for the purpose of paying costs of the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, storm water and drainage improvements; the construction, reconstruction and repairing of street, sidewalk and intersection improvements; the acquisition, construction and installation of storm sewer and sanitary sewer improvements, including lift station and interceptor improvements; the acquisition of vehicles and capital equipment for the Police, Fire Rescue and Street Departments; the acquisition, rehabilitation and demolition of abandoned, dilapidated or dangerous buildings and the abatement of other nuisances and hazards; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks, including bikeway development, tennis court improvements and off-road maintenance equipment; and the acquisition, improvement and installation of traffic control devices, signage, fixtures and equipment, including traffic signal and street light improvements; and the acquisition and - 4 - improving of the automated GIS/GPS mapping system; refunding and refinancing of certain outstanding City indebtedness, consisting of the outstanding General Obligation Bonds, Series 1998A, dated June 1, 1998, and the General Obligation Bonds, Series 1999A, dated June 1, 1999; the aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa, as amended, and the Urban Renewal Plans for the San Marnan Urban Renewal Area, the Logan Tax Increment Redevelopment Area, the Rath Tax Increment Redevelopment Area, the Martin Road District, and the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, including property acquisitions, demolition, and clearance for public and private redevelopment, incentive payments relating to the acquisition and private redevelopment of properties within such areas, and the construction, repair and improvement of the East Park Avenue Parking Ramp Facility; the reconstruction, remodeling, improvement and repairing of City buildings and facilities, including the Five Sullivan Brothers Center, Young Arena, Central Garage, Fire Stations, and Public Library, and the acquisition of computer replacements and system upgrades to the City's data management and information processing systems; the acquisition of capital equipment and vehicles for various City departments and operations; and the reconstruction and improvement of City golf courses; and the reconstruction, renovation and improvement of the Riverfront Stadium, swimming pools and sports facilities; and improvements to the Center for the Arts and Youth Pavillion; and WHEREAS, certain proceeds of the Series 2006A Bonds and the Series 2007A Bonds remain unspent, and City staff has recommended that not to exceed $100,000 of such unspent proceeds (hereinafter referred to as the "Unspent Proceeds")be applied for the purpose of paying costs for the clearance, upgrading and improvement of the River Loop Expo Grounds; and WHEREAS, there being no procedure specified under Iowa law for consideration or approval of such a reallocation, it is hereby determined, pursuant to Section 364.6 of the Code of Iowa, that the procedure set forth in Section 384.25 should apply and that a hearing be held upon the proposal to reallocate the Unspent Proceeds to provide funds for the purpose of paying costs for the clearance, upgrading and improvement of the River Loop Expo Grounds. - 5 - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section I. That this Council meet in the Council Chambers, City Hall, Waterloo, Iowa, at o'clock .M., on the day of 2011, for the purpose of taking action on the matter of the proposed reallocation of the Unspent Proceeds of the Series 2006A Bonds and the Series 2007A Bonds to pay costs for the clearance, upgrading and improvement of the River Loop Expo Grounds. Section 2. That the City Clerk is hereby directed to cause one publication to be made of notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting. Section 3. The notice of the proposed action shall be in substantially the following form: - 6 - NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2006A AND THE GENERAL OBLIGATION BONDS, SERIES 2007A, OF THE CITY OF WATERLOO, IOWA, AND THE PUBLIC HEARING THEREON PUBLIC NOTICE is hereby given that the Council of the City of Waterloo, Iowa, will hold a public hearing on the day of , 2011, at o'clock_.M., in the Council Chambers, City Hall, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the reallocation of certain unspent proceeds of the General Obligation Bonds, Series 2006A (the "Series 2006A Bonds") and the General Obligation Bonds, Series 2007A (the "Series 2007A Bonds") of the City of Waterloo, Iowa, in the aggregate amount of not to exceed $100,000, in order to pay costs for the clearance, upgrading and improvement of the River Loop Expo Grounds. Any person interested may appear at the public hearing, either orally or in writing, and be heard as to the reallocation of said proceeds of the Series 2006A Bonds and the Series 2007A Bonds for the above purpose. This Notice is given by order of the Council of Waterloo, Iowa, as provided by Sections 364.6 and 384.25 of the Code of Iowa, 2011, as amended. Dated this day of , 2011. City Clerk of Waterloo, Iowa (End of Notice) - 7 - PASSED AND APPROVED this day of , 2011. Mayor ATTEST: City Clerk - 8 - 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 689853.I\11310.000 - 9 - CIG-18 2-91 STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Waterloo, in the County of Black Hawk, State of Iowa, and that as such Clerk and by full authority from the Council of said City, I have caused a NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2006A AND THE GENERAL OBLIGATION BONDS, SERIES 2007A, OF THE CITY OF WATERLOO, IOWA, AND THE PUBLIC HEARING THEREON of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the Waterloo Courier, a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that said Notice was published in said newspaper in all of the issues thereof published and circulated on the following date: , 2011 WITNESS my official signature at Waterloo, Iowa, this day of , 2011. City Clerk (SEAL) 689855.1\11310.000 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: , 2011. Time of Meeting: o'clock .M. Place of Meeting: Council Chambers, City Hall, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: General Obligation Bonds, Series 2006A and General Obligation Bonds, Series 2007A • Public hearing on the proposed reallocation of unspent proceeds. • Resolution instituting proceedings to take additional action. Such additional matters as are set forth on the additional page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Waterloo, Iowa , 2011 The City Council of Waterloo, Iowa, met in session, in the Council Chambers, City Hall, Waterloo, Iowa, at o'clock .M., on the above date. There were present Mayor , in the chair, and the following named Council Members: Absent: The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the proposed reallocation of not to exceed $100,000 of the unspent proceeds of the General Obligation Bonds, Series 2006A and General Obligation Bonds, Series 2007A, in order to provide funds to pay costs for the clearance, upgrading and improvement of the River Loop Expo Grounds, and that notice of the proposed action by the Council to institute proceedings for the proposed reallocation had been published pursuant to the provisions of Sections 364.6 and 384.25 of the City Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposed reallocation. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections to the proposed reallocation and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO.TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2006A AND THE GENERAL OBLIGATION BONDS, SERIES 2007A OF THE CITY OF WATERLOO, IOWA", and moved: Ell that the Resolution be adopted. 0 to ADJOURN and defer action on the Resolution and the to institute proposal proceedings for the proposed reallocation to the meeting to be held at o'clock .M. on the day of , 2011, at this place. Council Member seconded the motion. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the measure duly adopted. RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2006A AND THE GENERAL OBLIGATION BONDS, SERIES 2007A OF THE CITY OF WATERLOO, IOWA WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the reallocation of certain unspent proceeds, in the amount of not to exceed $100,000 (the "Unspent Proceeds") of the General Obligation Bonds, Series 2006A and the General Obligation Bonds, Series 2007A, of the City of Waterloo, Iowa, in order to provide funds to pay costs for the clearance, upgrading and improvement of the River Loop Expo Grounds, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the reallocation of the Unspent Proceeds of the General Obligation Bonds, Series 2006A and the General Obligation Bonds, Series 2007A, for the foregoing purposes, and the reallocation of the Unspent Proceeds to pay costs for the clearance, upgrading and improvement of the River Loop Expo Grounds is in all respects authorized and approved. Section 2. The Chief Financial Officer is authorized and directed to take such action as may be necessary to effect and implement the foregoing reallocation of the Unspent Proceeds to pay costs for the clearance, upgrading and improvement of the River Loop Expo Grounds, and to cause the records and accounts of the City to reflect the same. PASSED AND APPROVED this day of , 2011. Mayor ATTEST: City Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto)pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 2011. City Clerk, Waterloo, Iowa SEAL 689857.1\11310.000 (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: April 25 , 2011. Time of Meeting: 5:30 o'clock P.M. Place of Meeting: Council Chambers, City Hall, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: $ Resolution fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2006A and General Obligation Bonds, Series 2007A, and providing for publication of notice thereof Such additional matters as are set forth on the additional 8 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. CLe Suzy Sores, City Clerk Waterloo, Iowa - 1 - April 25 , 2011 The City Council of Waterloo, Iowa, met in regular session, in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the above date. There were present Mayor Ernest G. Clark , in the chair, and the following named Council Members: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart Absent: none * * * * * * * - 2 - • Council Member Greenwood introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2006A AND GENERAL OBLIGATION BONDS, SERIES 2007A, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Schmitt seconded the motion to adopt. The roll was called and the vote was, AYES: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart NAYS: none Whereupon. the Mayor declared the resolution duly adopted as follows: RESOLUTION NO. 2011-320 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2006A AND GENERAL OBLIGATION BONDS, SERIES 2007A, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, pursuant to a Resolution approved on June 12, 2006, the City Council of the City of Waterloo, Iowa has previously issued its General Obligation Bonds, Series 2006A, in the aggregate principal amount of$8,200,000 (the "Series 2006A Bonds"), for the purpose of paying costs of the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control and drainage improvements; the construction, reconstruction and repairing of street, sidewalk and intersection improvements; the improvement and repair of bridges; the acquisition, construction and installation of storm sewer and sanitary sewer improvements; the acquisition of vehicles and capital equipment for the Police, Fire Rescue and Street Departments; the acquisition, rehabilitation and demolition of abandoned, dilapidated or dangerous buildings; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks, including bikeway development, tennis court improvements and mowing equipment; and the acquisition, improvement and installation of traffic control devices, signage, fixtures and - 3 - equipment, including traffic signal and street light improvements; and the acquisition and improving of the automated GIS/GPS mapping system; the aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa,as amended, and the Urban Renewal Plans for the San Marnan Urban Renewal Area, the Logan Tax Increment Redevelopment Area and the Rath Tax Increment Redevelopment Area, including consulting fees and other planning expenses, property acquisitions and clearance for public and private redevelopment, and incentive payments relating to the acquisition and private redevelopment of properties within such areas; the reconstruction, remodeling, improvement and repairing of City buildings and facilities, including the Five Sullivan Brothers Center, Young Arena, Police Department, Fire Stations, and Public Library; the reconstruction, remodeling, repair and improvement of City buildings and facilities, including Downtown parking garages and the Central Garage facilities; the acquisition of capital equipment and vehicles for various City departments and operations; and the reconstruction and improvement of City golf courses; the reconstruction, renovation and improvement of the Riverfront Stadium, swimming pools and sports facilities; and improvements to the Center for the Arts; the construction, development and beautification of the banks and other areas adjacent to flood control improvements along the Cedar River in downtown Waterloo, including the construction of the Downtown Pedestrian Riverwalk Loop trail improvements and the Cedar Rapids Plaza and Amphitheater project; and the acquisition, construction and installation of flood control and impounding structures and other waterway improvements at the Cedar River Dam, including the construction of a bladder onto the existing Dam structure; and WHEREAS, pursuant to a Resolution approved on June 18, 2007, the City Council of the City of Waterloo, Iowa has previously issued its General Obligation Bonds, Series 2007A, in the aggregate principal amount of$19,620,000 (the "Series 2007A Bonds"), for the purpose of paying costs of the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, including flood control, storm water and drainage improvements; the construction, reconstruction and repairing of street, sidewalk and intersection improvements; the acquisition, construction and installation of storm sewer and sanitary sewer improvements, including lift station and interceptor improvements; the acquisition of vehicles and capital equipment for the Police, Fire Rescue and Street Departments; the acquisition, rehabilitation and demolition of abandoned, dilapidated or dangerous buildings and the abatement of other nuisances and hazards; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks, including bikeway development, tennis court improvements and off-road maintenance equipment; and the acquisition, improvement and installation of traffic control devices, signage, fixtures and equipment, including traffic signal and street light improvements; and the acquisition and - 4 - • improving of the automated GIS/GPS mapping system; refunding and refinancing of certain outstanding City indebtedness, consisting of the outstanding General Obligation Bonds, Series 1998A, dated June 1, 1998, and the General Obligation Bonds, Series 1999A, dated June 1, 1999; the aiding in the planning, undertaking and carrying out of urban renewal project activities under Chapter 403 of the Code of Iowa, as amended, and the Urban Renewal Plans for the San Marnan Urban Renewal Area, the Logan Tax Increment Redevelopment Area, the Rath Tax Increment Redevelopment Area, the Martin Road District, and the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area, including property acquisitions, demolition, and clearance for public and private redevelopment, incentive payments relating to the acquisition and private redevelopment of properties within such areas, and the construction, repair and improvement of the East Park Avenue Parking Ramp Facility; the reconstruction, remodeling, improvement and repairing of City buildings and facilities, including the Five Sullivan Brothers Center, Young Arena, Central Garage, Fire Stations, and Public Library, and the acquisition of computer replacements and system upgrades to the City's data management and information processing systems; the acquisition of capital equipment and vehicles for various City departments and operations; and the reconstruction and improvement of City golf courses; and the reconstruction, renovation and improvement of the Riverfront Stadium, swimming pools and sports facilities; and improvements to the Center for the Arts and Youth Pavilion; and WHEREAS, certain proceeds of the Series 2006A Bonds and the Series 2007A Bonds remain unspent, and City staff has recommended that not to exceed $100,000 of such unspent proceeds (hereinafter referred to as the "Unspent Proceeds") be applied for the purpose of paying costs for the clearance, upgrading and improvement of the River Loop Expo Grounds; and WHEREAS, there being no procedure specified under Iowa law for consideration or approval of such a reallocation, it is hereby determined, pursuant to Section 364.6 of the Code of Iowa, that the procedure set forth in Section 384.25 should apply and that a hearing be held upon the proposal to reallocate the Unspent Proceeds to provide funds for the purpose of paying costs for the clearance, upgrading and improvement of the River Loop Expo Grounds. - 5 - NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That this Council meet in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the 2nd day of May , 2011, for the purpose of taking action on the matter of the proposed reallocation of the Unspent Proceeds of the Series 2006A Bonds and the Series 2007A Bonds to pay costs for the clearance, upgrading and improvement of the River Loop Expo Grounds. Section 2. That the City Clerk is hereby directed to cause one publication to be made of notice of said meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public meeting. Section 3. The notice of the proposed action shall be in substantially the following form: - 6 - 1 • NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: May 2, 2011. Time of Meeting: 5:30 o'clock P.M. Place of Meeting: Council Chambers, City Hall, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: • Resolution fixing date for a meeting on the proposal to reallocate certain unspent proceeds of the General Obligation Bonds, Series 2006A and General Obligation Bonds, Series 2007A, and providing for publication of notice thereof Such additional matters as are set forth on the additional 9 page(s) attached hereto. This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. Suzy Schares City Clerk, Waterloo, Iowa {00951485.DOC} PASSED AND APPROVED this 25th day of April , 2011. laddrnest G. Clark, Mayor ATTEST: Suzy Sc es, City Clerk - 8 - 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 25th day of April , 2011. Suzy Sc res, City Clerk Waterloo, Iowa SEAL 689853.1\11310.000 - 9 - 1 CITY OF WATERLOO Council Communication City Council Meeting:April 25, 2011 Prepared: April 19, 2011 Dept. Head Signature: Sandie Greco # of Attachments: SUBJECT: Resolution — Street Light Installation Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Adopt Resolution Summary Statement Instruct MidAmerican Energy to install a 30 ft. wood pole with a 250 watt HPS light on the south side and the north side of the intersection of W. Airline Hwy. and MidPort Blvd. Expenditure Required: Source of Funds: Policy Issue Alternative Background Information: This request meets the guidelines of the City's Street Light Policy. RESOLUTION NO. 2011-321 RESOLUTION AUTHORIZING THE INSTALLATION OF STREET LIGHT IN THE CITY OF WATERLOO, IOWA. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that a 30-foot wood pole with a 250-watt HPS light be installed on the south side and the north side of the intersection of West Airline Highway and MidPort Boulevard. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby ordered to certify a copy of this resolution to MidAmerican Energy Company of Waterloo, Iowa. PASSED AND ADOPTED this 25th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: April 25, 2011 Prepared: April 18, 2011 Dept. Head Signature: Sandie Greco # of Attachments: 1 SUBJECT: Federal Highway Administration's Additional Grant Approval for Traffic Safety Campaign Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Accept the additional grant amount as per 08/06/2010 Federal authorization. Summary Statement City received Federal authorization to continue the project. Expenditure Required $62,440 Source of Funds $50,000 Federal STP grant covering 80% of the costs. 20% match has already been budgeted as part of 2009 general obligation bonds. Policy Issue Alternative Background Information: Federal authorization modified the existing agreement between Iowa DOT and City of Waterloo by increasing the estimated total project costs from $62,500 to $125,000 and the Federal portion of it to $50,000 to $100,000. Run Date 08/06/2010 U.S. DEPARTMENT OF TRANSPORTATION Report: FMISDO6A Run Time 13:40:42 FEDERAL HIGHWAY ADMINISTRATION Page 1 FEDERAL-AID PROJECT MODIFICATION STATE: IOWA PROJECT NO:8155(710) NO: 1 STATE PROJ.NO(S): 70078155710 DESCRIPTION: Traffic Safety Awareness Campaign in Cedar Falls,Elk Run Heights,Evansdale,Gilbertville,Hudson,Raymond &Waterloo. CLASSIFICATION OF PHASE OF WORK: THE PROJECT AGREEMENT FOR THE ABOVE-REFERENCED PROJECT ENTERED INTO BETWEEN THE UNDERSIGNED PARTIES AND EXECUTED BY THE DIVISION ADMINISTRATOR ON 06/29/2009 IS HEREBY MODIFIED AS FOLLOWS: PROGRAM URBAN/ FORMER AMOUNT REVISED AMOUNT CODE WITH L200 ESTIMATED TOTAL OF PROJECT $62,500.00 $125,000.00 FEDERAL FUNDS $50,000.00 $100,000.00 ADV CONSTRUCTION FUNDS $0.00 $0.00 PERCENT FEDERAL SHARE 80.00% 80.00% STATE REMARKS: STP-U-8155(710)--70-07-AMEND MOD.#1-Added$50,000 for 2010(The second year of three year program).,Item#00263,STIP $150,000. STP-U-8155(710)--70-07,FA 80/20,STIP$50,000,Item#90459. DIVISION REMARKS: Cost and scope of work as outlined in the project agreement with the advertising/media company. RJH 7/20/2010 ALL OTHER TERMS AND CONDITIONS OF THE PROJECT AGREEMENT WILL REMAIN IN FULL FORCE AND EFFECT. DEPARTMENT OF TRANSPORTATION AVAILABLE FUNDS CERTIFIED BY: DANIEL C.STOKES DATE: 07/14/2010 APPROVAL RECOMMENDED BY: DANIEL C.STOKES DATE: 07/14/2010 APPROVED AND AUTHORIZED BY: DANIEL C.STOKES DATE: 07/14/2010 FEDERAL HIGHWAY ADMINISTRATION APPROVAL RECOMMENDED BY: JULIE R.SCHINKEL DATE: 07/15/2010 APPROVED AND AUTHORIZED BY: JOAN E.ROST DATE: 07/16/2010 MODIFICATION APPROVED BY: REBECCA J.HIATT DATE: 07/20/2010 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703. RESOLUTION NO. 2011-322 RESOLUTION APPROVING AGREEMENT WITH THE 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 25, 2011, for Federal STP funds in the amount of $50, 000 . 00, with 20 percent local match, for a Traffic Safety Awareness Campaign in Cedar Falls, Elk Run Heights, Evansdale, Gilbertville, Hudson, Raymond and Waterloo, Project No. STP-U-8155 (710)-70-07, 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 Waterloo, Iowa. PASSED AND ADOPTED this 25th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy S hares, CMC City C erk CITY OF WATERLOO Council Communication City Council Meeting:April 25, 2011 Prepared:April 18, 2011 Dept. Head Signature: # of Attachments: SUBJECT: Resolution approving an Agreement for fuel between MET Transit and the City of Waterloo Submitted by: Mark Rice, Central Garage Superintendent Recommended City Council Action: NA Summary Statement: Open ended agreement identical to agreements with Black Hawk County and Waterloo Schools to allow MET to purchase fuel from the City. Agreement does reserve right to re-negotiate pricing on fuel surcharges annually at the start of each fiscal year. Expenditure Required: None Source of Funds: NA Policy Issue: Agreement Alternative Background Information: This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703. RESOLUTION NO. 2011-323 RESOLUTION APPROVING AGREEMENT WITH MET TRANSIT 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 25, 2011, to provide fuel at a $0 . 04 per gallon fuel surcharge in addition to the price paid to the City for fuel to cover overhead, card management and a small part of the preventative maintenance costs associated with the fuel facility, by and between MET Transit of Waterloo, Iowa 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 Waterloo, Iowa. PASSED AND ADOPTED this 25th day of April, 2011 . -17 Ernest G. C ark, Mayor ATTEST: uzy Sch es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: April 25, 2011 Prepared: April 19, 2011 Dept. Head Signature: # of Attachments: 1 SUBJECT: Library-Flooring Replacement - 3rd Floor Submitted by: Craig Clark - BO/MA Recommended City Council Action: It is recommended that this project be accepted. Summary Statement I report that Floor Decor of Waterloo, Iowa has completed the Project of 3`d Floor Flooring in accordance with the plans and specifications. The total cost of the contract was $23,891.51. Expenditure Required Source of Funds 409.22-3100.2152 Policy Issue N/A Alternative None Background Information: This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703 . RESOLUTION NO. 2011-324 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED 1 BY FLOOR DECOR OF WATERLOO, IOWA, IN CONJUNCTION WITH THE LIBRARY 3RD FLOOR CARPET REPLACEMENT, AND ACCEPTING THE WORK. WHEREAS, Flood Decor of Waterloo, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $23, 891 . 51 in conjunction with the Library 3rd Floor Carpet Replacement, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. PASSED AND ADOPTED this 25th day of April, 2011 . elKeg Ernest G. Clark, Mayor ATTEST : Suzy Sch res, CMC City Cle k CITY OF WATERLOO , IOWA ... ,Q COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 �r�f1OO ‘0 NOF C.ANDERSON.Comimmiry P6nmmg&Drtel,opmeir L4rtnnr CITY OF WATERLOO C I Cl ARK Council Communication COUNCIL City Council Meeting: April 25, 2011 MEMBERS Prepared: April 19, 2011 Dept. Head Signature: Noel Anderson, Community Planning & Development Director DAVID # of Attachments: 1 JONES Ward SUBJECT: Resolution approving the April 2011- April 2012 Agreement for CAROLYN Services with Government Relations Consultants for legislative work for the City of COLT Waterloo. Wahl HAROLD Submitted by: Noel Anderson, Community Planning & Development Director GETTY War, Recommended City Council Action: Staff requests the approval of the attached QUENTIN proposal and authorize the Mayor to sign and fully execute a contract to this HAR I proposal. The agreement is for the cost of$4,000 per month. Summary Statement: The agreement will authorize Government Relations RON Consultants to work towards legislativegoals oals andpriorities for the Cityof Waterloo. WEEPER UL,d l This would continue the existing agreement from March 2010, to have this new agreement carry over from April 2011 to Aril 2012. BOB ORFF:NWOOI' This is a lowered amount from theprevious contract amount of $5,00 per month. :9FLeugc This new contract further puts all burden of travel at their cost, and requires them to STEVE. visit twice. With the increased cuts in federal spending through normal means, staff SCHMITT believes it will be helpful in aggressively going after grant funds and other sources At ""``" for federal mandated improvements and other projects of great importance within the Logan TIF District area. As you may recall, the Logan TIF District was expanded along the entire length of the Highway 63 to aid in its growth, development, and redevelopment— both as a corridor of transportation improvement, and also as a corridor of neighborhood improvement through residential and commercial growth and redevelopment. Expenditure Required: $48,000. Source of Funds: Logan TIF cash and bonds. Policy Issue: Funding for City goals and priorities CITY I'Y WEBSITE: www.ci.waterloo.ia.us _, WE'RE WORKING FOR YOU' . An Equat OpportunitylAHinnahve Action Employer Alternative: Do not extend contract Background Information: As you may recall, back in March 2009, and renewed in March 2010, the City of Waterloo entered into agreement with Government Relations Consultants for legislative representation to better pursue available grants, funding, etc. for city priority projects. With the current climate of continuing grants, stimulus funds, and other economic recovery actions as potential funding sources for city infrastructure projects, the City believes it would be beneficial for the City to continue this contract for another year. The City's priority projects include the Highway 63 Corridor redevelopment (in potentially 3 phases), the redevelopment of Brownfield sites (Chamberlain) and Greyfield sites (Logan Plaza). With national objectives and priorities evaluating and re-evaluating the combination of highway improvements and neighborhood developments (US DOT and HUD) and the stronger emphasis being placed on green and infill development (Brownfield cleanups, infrastructure redevelopment, such as sewer, and help in distressed census tract areas), we believe it is important to have a voice in Washington DC, and to have additional help in finding funding sources. The Virden Creek mandate for additional levee height has also moved up the radar screen, and is located within the Logan TIF District. This proposal would be extension of the previous contract, to have Mr. Warren and Mr. Howe in on a monthly contract amount for working for the City of Waterloo. They have working relationships with staff on funding as it becomes available, particularly in areas such as transportation. Their experience and time allows them to understand which federal pots of money are more competitive or less competitive for funding. They will help the City prioritize their requests and targeting the right and best federal account for the funding. They note they are particularly adept at acquiring significant funding for brick and mortar projects. As our consultants, they stay current with all federal issues that impact all cities through weekly meetings at the US Conference of Mayors and their work with the National League of Cities. Page 1 of 1 NOEL ANDERSON From: AllynnH@aol.com Sent: Sunday, April 03, 2011 3:02 PM To: MAYOR CLARK Cc: NOEL ANDERSON; cmdi2000@email.msn.com Subject: New Contract Mayor Clark, It has been an honor and a privilege to work with the City of Waterloo. Please find attached our revised contract reflecting the new terms and conditions we discussed over the phone. As everyone knows, this is a difficult economy both locally and federally. Some House members are struggling to cut the federal budget by increasing the burden on cities like yours. Part of our task in the coming year is to be part of those opposing federal cuts that would require increased local spending. Another part of our task will be to vigorously seek out grant options that your Congressional Delegation has committed to strongly supporting. Sen. Harkin's office and Rep. Braley's office have already received a request for the full funding of the Highway 63 project($18 million) to be included in a new Transportation Reauthorization bill. They have already committed to fighting for its inclusion. We continue to believe that because the Constitution requires Congress to initiate all federal spending, Congress will find a way to restore some form of funding directed by them to specific projects. While it won't be earmarking, spending will still occur. Sincerely Allynn Howe and Rich Warren 444 North Capitol Street NW Suite 840 Washington, DC 20001 703-798-5627 4/19/2011 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703. RESOLUTION NO. 2011-325 RESOLUTION APPROVING AGREEMENT WITH GOVERNMENT RELATIONS CONSULTANTS 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 25, 2011, in the amount of $4, 000. 00 per month+, to provide legislative work for the City of Waterloo, for the period April 2011 to April 2012, by and between Government Relations Consultants of Oakton, Virginia 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 25th day of April, 2011 . A' E est G. Clark, ayor ATTEST: uzy c ares, CMC City Clerk I CITY OF WATERLOO , IOWA Ifor COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 IteMOO NC' NOEL C ANDERSON,Community Planonng&Development Duortot CITY OF WATERLOO Mayor BU CK Council Communication CLAR?K- City Council Meeting: April 25, 2011 Prepared: April 19, 2011 COUNCIl Dept. Head Signature: Noel Anderson, Community Planning & Development Director MEMBERS # of Attachments: 1 SUBJECT: Supplemental Development Agreement by Terri Walker for the DAv1I> redevelopment of a condominium in the former Winterbottom Supply building located at 25 JONES Westfield Avenue. Terri Walker purchased one of the loft style condominium units. Word 1 CAROLYE. Submitted by: Noel Anderson, Community Planning & Development Director coLE' t ,Ird Recommended City Council Action: Resolution approving supplemental development agreement. HAROLD GE"TTY Summary Statement: As you may recall, the City of Waterloo entered into a Master Ward ' Development Agreement with NCN Limited Company for the overall development of the ()HEN IN former Winterbottom building. This was due to the plans to set up a condominium regime, NARI and so each unit will come back separately under a Supplemental Development Agreement Word"i for their portion of the overall project. The drafting of the Master Agreement helped NCN Limited Company to state what incentives would be available for buyers into the project. RON WEEPER The overall increase of assessed value for the former Winterbottom Building will raise from approximately $200,000 up to a minimum of $2,000,000. Each condominium Supplemental BOB Development Agreement will have a minimum value based on square footage of their GREENWOOD portion. The Master Agreement specified the following: AtIorge 1. Raise the assessed value of the site from $190,830 to a minimum value of $2,000,000. (Note rollback will apply for condo units). sTEVF: 2. Will base a Minimum Assessment Agreement for each unit per a square footage scHmin ,,rn�r formula. 3. Will make each individual unit eligible for 7 years at 100% in tax rebates. Calculating the formula from the Master Development Agreement based on the amount of condominium space, common percentage ownership, storage space, and garage space, this Supplemental Agreement with Terri Walker will have a minimum assessment agreement of$121,760 for their combined 2,556.96 sq. ft. of space. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. CITY WEBSITE: www.C1 warctlucu.taws WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Alternative: NA Background Information: This conversion of the former Winterbottom building has been a great example of urban style Downtown Waterloo loft living options for many people to the area. More options for Downtown Waterloo residential development are a key component of the Downtown Waterloo Master Plan. Preparer Information: Chris Wendland, PO Box 596, Waterloo, Iowa 50704, (319)234.5701 Individual's Name Street Address City Phone SPACE ABOVE THIS LINE FOR RECORDER SUPPLEMENTAL DEVELOPMENT AGREEMENT This Supplem ntal Development Agreement (the "Agreement") is made and entered into as of i D U by and between Terri Walker (the "Developer"), and the City of Waterlo , Iowa (the "City"). WHEREAS, City and Developer, or Developer's predecessor in interest to the real property legally described on Exhibit "A" attached hereto (the "Property"), are parties to that certain Master Development Agreement (the "Master Agreement") dated as of December 5, 2005, and filed on July 26, 2006 as Doc No. 2007002170 in the office of the Black Hawk County Recorder; and WHEREAS, Developer is willing and able to renovate and develop the Property. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, Developer and City agree as follows: 1. Development. The parties hereby agree that Developer's Phase Area for purposes of this Agreement is 2,556.96 square feet and that the minimum actual value of the Property which shall be fixed for assessment purposes, without reduction due to application of applicable valuation rollbacks, after completion of Improvements shall be no less than $ 121,760 ("Minimum Actual Value"). 2. Minimum Assessment Agreement. Developer acknowledges and hereby agrees to the terms and conditions of Section 2 of the Master Agreement and that prior to the date set forth in Section 2 of Exhibit "B" it will not seek or cause a reduction in the actual valuation for the Property below the Minimum Actual Value, through: (i) willful destruction of the Property, the Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Developer agrees to sign a minimum assessment agreement in the form attached hereto as Exhibit "B" with respect to the Improvements. 3. Tax Rebates. Provided that Developer satisfies the conditions set forth in Section 3 of the Master Agreement, City agrees to property tax rebates as set forth in such Section 3 in the manner and on the terms stated therein. City shall pay rebates to Developer at least annually pursuant to a schedule to be determined by City. Developer's share of the January 1, 2005 taxable value ($190,830) referenced in the Master Agreement is 6.09 %, or$ 11,617.73 The taxable value of a given Phase Area as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") shall be the first full year for which the assessment with respect to a Phase Area is based upon the completed value of the Improvements and not a prior year for which the assessment is based solely upon the value of the unimproved Phase Area. 4. Representations and Warranties. City hereby reaffirms and restates, as of the date of this Agreement, the representations and warranties of City set forth in the Master Agreement. Developer hereby affirms and states that the representations and warranties made by Company in the Master Agreement are, with respect to Developer, true and correct as of the date of this Agreement. 5. Incorporation by Reference. The parties hereby incorporate by reference the provisions of Sections 6 through 14, inclusive, of the Master Agreement as though said Sections were set forth in full in this Agreement. 6. Capitalized Terms. Each term in this Agreement that is capitalized but not defined herein shall have the meaning assigned to it in the Master Agreement. 2 7. Master Agreement. Developer acknowledges having read the Master Agreement and is familiar with the terms thereof. 8. Assignment. In the event of sale of the Property, the benefits and obligations of Developer under this Agreement shall automatically be transferred and conveyed to the new owner. Developer shall notify City within ten (10) days of any such transfer or sale. IN WITNESS WHEREOF, the parties have executed this Supplemental Development Agreement as of the date and year written above. Developer \\ Terri Walker Date City of Waterloo, Iowa By: Ernest G. Clark, Mayor Date Attest: Suzy Schares, City Clerk Date 3 EXHIBIT "A" Unit 9 and the undivided 6.25% interest in the common elements appurtenant to said unit, "Westfield Lofts Condominium" recorded in Doc.#2006-07463 on September 16,2005 and laid out on part of Lots 1 thru 5 and vacated Commercial Street, Block 4, James Eggers Addition to the City of Waterloo, Iowa, and part Lot 26, "Auditor's Falls Avenue and Mullan Avenue Plat"in Waterloo, Iowa. 4 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT THIS MINIMUM ASSESSMENT AGREEMENT, dated as of , by and among the City of Waterloo, Iowa ("City"), Terri Walker ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a Supplemental Development Agreement (the "Agreement") regarding certain real property located in the City; and WHEREAS, it is contemplated that pursuant to said Agreement, the Developer will undertake the renovation and development of an area ("Project") within the City and within the "Downtown Urban Renewal Area." WHEREAS, pursuant to Iowa Code section 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and improvements constructed thereon pursuant to the Agreement and applicable only to the development, which shall be effective upon substantial completion of the development, and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and building as to the development only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements which it is contemplated will be erected as a part of the development; NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the above-referenced improvements by the Developer on the property described in Exhibit "A" attached hereto, the minimum actual value which shall be fixed for assessment purposes, not including any reduction due to application of applicable valuation rollbacks, for the land and improvements to be constructed thereon by the Developer as a part of the development shall not be less than $ $121,760 ("Minimum Actual Value") until termination of this Minimum Assessment Agreement. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate on, December 31, 2025. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code section 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek to reduce the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Developer to contest its valuations in full, commencing with the assessment of January 1, 2026. 3. This Minimum Assessment Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Minimum Assessment Agreement are intended to, or shall be construed as, modifying the terms of the Agreement between the City and the Developer. 5. This Minimum Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. IN WITNESS WHEREOF, the parties have entered this Minimum Assessment Agreement as of the date first written above. CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor Attest: By: Suzy Schares, City Clerk 2 DEVELOPER Terri Walker STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this day of , before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Acknowledged before me on , by Terri Walker. Notary Public 3 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than One Hundred Twenty One Thousand Seven Hundred Sixyty Dollars ($121,760) in the aggregate, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , by ,Assessor for Black Hawk County, Iowa. Notary Public This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703. RESOLUTION NO. 2011-326 RESOLUTION APPROVING SUPPLEMENTAL DEVELOPMENT AGREEMENT WITH TERRI WALKER AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Supplemental Development Agreement dated April 25, 2011, for redevelopment of a condominium in the former Winterbottom Supply building located at 25 Westfield Avenue, with a minimum assessment of $121, 760. 00, by and between Terri Walker of Waterloo, Iowa 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 Waterloo, Iowa. PASSED AND ADOPTED this 25th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cler CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT Sim 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 .119 0 0 NOEL C.ANDERSON,Community Planning&Development Director 741 Council Communication �J n� o Mayor City Council Meeting: A ril 25 /�' `I /00it BUCK Prepared: A ri120 2011 20 LJ CLARK Dept. Head Signature: �� tr•� #of Attachments: COUNCIL MEMBERS SUBJECT: Request by the City of Waterloo to rezone approximately 1.63 acres DAVID from"R-3" Multiple Residence District to"R-1,R-P" Planned Residence District, JONES located at the former Lafayette Elementary School site at 2265 Lafayette Street, Ward 1 located along the north side of Lafayette Street between Colorado and Indiana CAROLYN Streets,and set a date of hearing as May 9, 2011. COLE Ward 2 Submitted by: Noel Anderson, Community Planning &Development Director HAROLD GETTY Recommended City Council Action: Approval, with conditions as recommended Ward 3 by the Planning, Programming and Zoning Commission. QUENTIN Summary Statement: Transmitted herewith is a request to rezone approximately HART Ward 4 1.63 acres from"R-3" Multiple Residence District to "R-1,R-P"Planned Residence District, located at the former Lafayette Elementary School site at 2265 RON Lafayette Street. The City is requesting to rezone this particular property to allow Ward 5 WELR for future one and two family development at the site. Staff believes the "R-1,R-P" Planned Residence District will help to redevelop the area for one and two family BOB housing development. Single-family homes would be ideal, with the potential of GREENWOOD twin home development. In either case,the design, layout, orientation, density, At-Large and style of homes will be highly important to ensure the development is beneficial STEVE to the surrounding neighborhood. Staff believes any development needs to uplift SCHMITT the surrounding neighborhood, not have any negative impact on it. Staff believes At-Large rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. The "R- P"designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses. The proposed rezoning of this site is as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure CITY WEBSITE: ww G FOR YO too.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate, restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. The Future Land Use Map designates this area as Low Density Residential, which would allow for the redevelopment of the site for single-family, and possibly two family residences. The rezone area is located within the Primary Growth Area. At their April 5, 2011 Planning, Programming and Zoning Commission meeting,the Planning and Zoning Commission unanimously recommended approval of the rezone request, subject to the following condition(s): 1. That the development be restricted to single-family dwellings,with the potential for two-family dwellings. 2. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a. Design of homes for curb appeal, number of stories, setbacks, etc. b. Orientation, size, house density-to-lot ratio, and layout of lots. c. Amenities of homes such as garages, fencing, finished areas, green space, etc. d. Relationship and positive impact on existing and surrounding development. Please find attached a staff report, aerial photo, and legal description,detailing the area in question. Therefore, we request the City Council set a date of public hearing on the rezoning request as May 9,2011, and publish an official notice pertinent to the requested rezoning. If you have any questions, please do not hesitate to contact our office. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use Alternative: N/A Background Information: Legal Description: Lots 5 through 11 in Block 18 in Linden Place in Waterloo, Black Hawk County, Iowa; known as the former Lafayette School property. NA:ta cc: Aric Schroeder, City Planner Eric Thorson, City Engineer --file-- April 5,2011 REQUEST: REQUEST BY THE CITY OF WATERLOO TO REZONE 1.63 ACRES AT THE FORMER LAFAYETTE SCHOOL SITE, LOCATED AT 2265 LAFAYETTE STREET, FROM "R-3" MULTIPLE FAMILY RESIDENCE DISTRICT TO "R-1,R-P" PLANNED RESIDENCE DISTRICT. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to rezone the property at 2265 Lafayette DESCRIPTION: Street from "R-3" to "R-1 ,R-P" to allow for future one and two family development at the site. Currently, the site is zoned as "R-3", which allows for higher density residential development. There is no proposed project at this time to redevelop the site. The City of Waterloo currently owns the property. IMPACT ON Staff believes the "R-1,R-P" Planned Residence District will help to NEIGHBORHOOD & redevelop the area for one and two family housing development. SURROUNDING Single-family homes would be ideal, with the potential of twin home LAND USE: development. In either case, the design, layout, orientation, density, and style of homes will be highly important to make certain that any new development is beneficial to the surrounding neighborhood. Staff believes any development needs to uplift the surrounding neighborhood, not have any negative effect on it. Staff believes rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. VEHICULAR & The site is located along the north side of Lafayette Street, between PEDESTRIAN Indiana Street and Colorado Street. Lafayette Street is classified as TRAFFIC a Minor Arterial, and both Indiana and Colorado Streets are CONDITIONS: classified as Local Streets. It would appear that the development of the land in question as one and two family residences would not have a negative impact upon vehicular and pedestrian traffic in the area. There are sidewalks located along both sides of Lafayette Street and Colorado Street. There are no sidewalks located along Indiana Street. RELATIONSHIP TO The Cedar Valley Lakes Recreational Trail is located approximately RECREATIONAL a '/2 mile to the south of the site in question along the north side of TRAIL PLAN: the Cedar River. ZONING HISTORY The building located at 2265 Lafayette Street is zoned "R-3" Multiple FOR SITE AND Family Residence District, and was rezoned from "R-2" on IMMEDIATE VICINITY: September 27, 1999. Surrounding land uses and their zoning are as follows: North — Low Density residential development, zoned "R-2" One and Two Family Residence District. South Low Density residential development and light commercial development, zoned "C-1" Commercial District and "C-1,C-Z" Conditional Zoning District.. East — Vacant development lot, zoned "R-4,R-P", Planned Multiple Residence District. 4.5.11 Rezone R3 to R1 RP—Lafayette School Page 1 of 5 34 April 5,2011 West Low Density residential development in the Cloverdale Neighborhood area, zoned "R-2" One and Two Family Residence District. DEVELOPMENT The surrounding area consists predominantly low density residential HISTORY: uses, with some nearby light commercial uses. The majority of the development in the area occurred from 1900 to 1915. BUFFERS/ SCREENING Rezoning of the land in question would not require any additional REQUIRED: buffering or screening. DRAINAGE: Rezoning of the land would not have a negative impact upon the surrounding area. FLOODPLAIN: The area in question is not located within a Special Flood Hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0016, dated July 3, 1985. PUBLIC /OPEN The former Lafayette School, which was constructed in 1900, was SPACES/ SCHOOLS: used by the Waterloo Community School District as an elementary school. The school has not served as an elementary school for quite some time, and currently is vacant, with demolition of the building set to occur in the very near future. The nearest school would be Highland Elementary School, which is located approximately 1 mile to the north and east. Lafayette Park is located approximately al/2 mile to the west at the intersection of Vinton Street and Lafayette Street. UTILITIES: WATER, SANITARY SEWER, An 18" storm sewer and sanitary sewer are located within Lafayette STORM SEWER, ETC. Street to the south of the site in question. There is an 8" sanitary sewer located in the north '/ of Colorado and Indiana Streets between Lafayette Street and Dearborn Avenue. There is also a 12" storm sewer located within the north 1/2 of Colorado Street between Lafayette and Dearborn. As redevelopment of the site occurs, it may be necessary to extend water and sewer southward on both Indiana and Colorado Streets towards Lafayette Street. The surrounding area is also served by other utilities such as water, telephone, gas, cable, etc. RELATIONSHIP TO The Future Land Use Map designates this area as Low Density COMPREHENSIVE Residential, which would allow for the development of one or two LAND USE PLAN: family dwellings. The rezone area is located within the Primary Growth Area. STAFF ANALYSIS — The proposed rezone consists of approximately 1.63 acres located ZONING at the former Lafayette School site, north of the Lafayette Streets ORDINANCE: intersections with Colorado and Indiana Streets. Currently, the City of Waterloo is taking proactive steps on several infill development sites within the community. Utilizing infill development sites within developed portions of the City where 4.5.11 Rezone R3 to R1 RP—Lafayette School Page 2 of 5 35 April 5,2011 existing infrastructure is readily available is a Smart Growth practice, and the installation and extension of utilities to serve any new development would be minimal, saving on future maintenance costs for the City. The proposed rezoning for all of these sites are as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. All of the sites are primarily located within the developed portion of the City of Waterloo, the Primary Growth Area as designated by the City of Waterloo Comprehensive Plan. This particular location at Lafayette School is located within the developed portion of the City, and all necessary utilities to serve the site are located within the area. Also, this particular site is located within the CURA and Enterprise Zone incentive districts, so the City of Waterloo has taken prior steps to help in their redevelopment. These designations also indicate a need for proper redevelopment so as to not upset the delicate nature of some neighborhoods, and ensure they continue to move forward in a positive manner. It is staff's goal that any redevelopment of these areas represent the best possible infill homes to each area. Staff would like to see new construction with compatible or better designs, compatible or bigger yards, more home amenities, and compatible or bigger houses. These sites need to uplift the neighborhoods, and make surrounding neighbors encouraged with their redevelopment, and secure that it is helping their property values and future investments in their own homes. The City of Waterloo Leisure Services Department has reviewed all of the sites to recommend they are eligible for redevelopment. This is due to other park areas and open spaces being in close proximity. The "R-1-R-P" designation suggests a lower level of density, as the underlying "R-1" designation is the lowest density level in the City of Waterloo, with lots at least 9,000 SF in area, widths of at least 75', and greater setbacks for buildings. The "R-P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any 4.5.11 Rezone R3 to R1 RP—Lafayette School Page 3 of 5 36 April 5,2011 development would be required to be reviewed by the Planning, Programming and Zoning Commission and subsequently the City Council after recommendation in lieu thereof. It is for the explicit reasons of making this a high quality development that this is proposed to be rezoned. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single- family homes and possibly twin homes if appropriate, restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. STAFF ANALYSIS — SUBDIVISION There is no platting required for this request, but platting may be ORDINANCE: required when the area is developed. STAFF Therefore, staff recommends that the request to rezone from "R-3" RECOMMENDATION: Multiple Residence District to "R-1 ,R-P" Planned Residence District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan for this area through its differing district requests and the areas designated on the Future Land Use Map, as well as planned development in a Primary Growth Area. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The areas requested are all planned districts, to allow for the orderly development of land and to ensure to the citizenry and City of Waterloo that development will occur as planned and approved, as well as providing for compatibly deigned development near neighboring development and districts. 5. The request contains all the necessary information as required by the City of Waterloo Zoning Ordinance. And subject to the following condition(s): 1. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a) Design of homes for curb appeal, number of stories, setbacks, etc. b) Orientation, size, house density-to-lot ratio, and layout of lots. c) Amenities of homes such as garages, fencing, finished areas, green space, etc. d) Relationship and positive impact on existing and surrounding development. 4.5.11 Rezone R3 to R1 RP—Lafayette School Page 4 of 5 37 April 5,2011 2. That any development be limited to single-family homes, with the possibility of duplexes. 4.5.11 Rezone R3 to R1 RP—Lafayette School Page 5 of 5 38 y 7 Request to rezone approximately 1 .63 acres from ' "R-3" Multiple Residence District toIt ,.. x 1 "R-1 ,R-P" Planned Residence District '.. je +„ . it ife . �- '�. �,k , i i. 4 •p _ . . Al , •Iti- 19 Fr, h-iiii "A ' ''t.4- ''''. '' ;. 'IF-'- '''.-41)- A it*" *-21-. -- : - t -P 00--.A 4 ilt,--. ---,,AiNt-_,% -- Dearborn Avenue " ' �. illi -7- i,7 c . a' ": tif # it • atn O: , r. ,��,4�. .w - d - ,,, -N:-- , -,-.4.,,,_: .:11! irr ,,„T -- .:r.--7 ' -,„-,..,:----4c:7::;:.',.:,:-: ...;:-2 -.1117-":„_-Lk_ , k. .: ''''.'•":::: P it ' + ; ayef / :¢ if,. 1(-**4 ,i , 't Former Lafayette School 9 w �" `` m� !!a 2265 Lafayette Avenue 's G-1 --Z'� �. ,. Schultz Street Tr- . x - . »` l r.4' .A4.1111 U1 !t *apt }/ .. - :a. 401-4 I., - "3 ; ?71 b a r N ®200 100 0 ;T00c �'� <<a. '3y$ 4*a6 +vh Plat Map — Lafayette School Site Rezone °'ffi; dJk IA N.e3 N{� s 9 s s * f� i 3 to 8"Sanitary Sewer 4 /3 4. • " 8" Sanitary Sewer s,. ?3y /2 V CI IN 535 C.) > : 9,74 =, g10 Site in Question ,-_,, O �[/Soy /42 s=9 60 r., �6 /42 6004 /42 1QQ SW NE 8 /42 ,•,o • 60 s2> '40.0 Site in Question m 4 k. 7 c, IS ti d<3 --) ..'= a 15"Storm Sewer '{," s' Pi 4 r. .� a w /42 k` • ', y G / Y, .a, 0 sks �. -*, /6 .1�q 8 33 r- 4, 'a y ✓� VI 4 x ro b. w 4? .,,, ® 18"Storm Sewer 432. vv q \.l Fc. ^. 'l r ' ..1 '� /a9 � `'''�, ^S-`•:. 9 set a=� k 18"Sanitary Sewer ry w 1 M1 szs a^`' ,,� 60 civyY 924� S o r' \ ^"� 40 Rezone "R-3" to "R-1, R-P"—2265 Lafayette Street 1 , 44 i ell 4 H g, Ilia Looking northwest from the intersection of Looking west from Indiana Street at Lafayette Street and Indiana Street at 2265 existing residential and light commercial Lafayette Street. development on the south side of Lafayette Street. _ i ✓: use. �ib �' !' lirt � " Looking north along Indiana Street at Looking north along Colorado Street at existing residential properties just north of existing residential properties just north of 2265 Lafayette Street. 2265 Lafayette Street. I 41 STATE OF IOWA, } Black Hawk County, ss I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing on Rezoning NOTICE OF PUBLIC HEARING ON Lafayette Lafa REZONING y Elementary School TO WHOM IT MAY CONCERN: Notice is hereby given that on the 9th day of May,2011,at 5:30 p.m.in the Council Chambers in the City Hall in the Notice was published in the Courier, a daily City of Waterloo,Iowa,a public hearing will be held by the Council of the City of publication printed in Waterloo, Black Hawk Waterloo,Iowa,to approve the request County, to rezone approximately 1.63 acres gen- Iowa, 1 time commencing on the 5th day of May, erally located at the former Lafayette Elementary School site at 2265 Lafayette 2011 in the name of said newspaper, and that the Street,at the north side of Lafayette Street between Colorado and Indiana Streets,upon the recommendation of annexed legal rate of advertised is the regular rate of approval of City Planning,Programming Zoning Commission,from"R-3'Multi- •! said newspaper, and that the following is a correct bill ple Residence District to°R-1,R-P" Planned Residence District,for the pur- for publishing said notice. pose of allowing for future one and two family housing development,legally de- scribed as follows: Lots 5 through 11 in Block 19 in Linden Printer's Bill $15.62 Place in Waterloo,Black Hawk County, Iowa;known as the former Lafayette School Black property,all in the City of Water- loo, time nd County,d Ie e. Anyone who is'interested may appear at said time and place and be heard or may file written objection with the City Clerk, Signed City Hall,Waterloo,Iowa,before the date set for said hearing. By order of the Council of the City of Wa- terloo this 25th day of April,2011. Suzy Schares,CMC (� City Clerk Subscribed and sworn to before me this "1( Day of A.D., 20 // / 9 coMMjssiON1 No 7 is,6 Notary Public Received of the sum of Dollars. In full for publication of the above notice. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703 . RESOLUTION NO. 2011-327 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF THE CITY OF WATERLOO TO REZONE FROM "R-3" MULTIPLE RESIDENCE DISTRICT TO "R-1, R-P" PLANNED RESIDENCE DISTRICT APPROXIMATELY 1. 63 ACRES GENERALLY LOCATED AT THE FORMER LAFAYETTE ELEMENTARY SCHOOL SITE AT 2265 LAFAYETTE STREET ALONG THE NORTH SIDE OF LAFAYETTE STREET BETWEEN COLORADO AND INDIANA STREETS, AS MAY 9, 2011, AT 5: 30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING 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 9th day of May, 2011, for the purpose of acting upon an application of the City of Waterloo to rezone from "R-3" Multiple Residence District to "R-1, R-P" Planned Residence District approximately 1 . 63 acres generally located at the former Lafayette Elementary School site at 2265 Lafayette Street along the north side of Lafayette Street between Colorado and Indiana Streets, and legally described as follows : Lots 5 through 11 in Block 18 in Linden Place in Waterloo, Black Hawk County, Iowa; known as the former Lafayette School property, all in the City of Waterloo, Black Hawk County, Iowa . 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 25th day of April, 2011 . efuetror t)Me•-/ Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Cler , CITY OF WATERLOO , IOWA k Alk Iia11tis%i .. COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dt4N00 %O NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: A ri125 201 1 ! t /q/ t, BUCK BUCK Prepared: April 20, 2011 CLARK Dept. Head Signature: Lr # of Attachments: 6 COUNCIL MEMBERS SUBJECT: Request by the City of Waterloo to rezone approximately 7.40 acres DAVID from "R-2" One and Two Family Residence District to "R-1,R-P"Planned JONES Residence District at the Edison Elementary School site at 740 Magnolia Parkway, Ward 1 located along the west side of Magnolia Parkway, directly to the north of Falls CAROLYN Avenue, and set a date of hearing as May 9, 2011. COLE Ward 2 Submitted by: Noel Anderson, Community Planning &Development Director HAROLD GETTY Recommended City Council Action: Approval, with conditions as recommended Ward 3 by the Planning, Programming and Zoning Commission. HARTTIN Summary Statement: Transmitted herewith is a request to rezone approximately Ward 4 7.40 acres from "R-2" One and Two Family Residence District to "R-1,R-P" Planned Residence District at the Edison Elementary School site at 740 Magnolia RON Parkway. The City is requesting to rezone this particular property to allow for Ward sER future one and two family development at the site. Staff believes the "R-1,R-P" Planned Residence District will help to redevelop the area for one and two family BOB housing development. Single-family homes would be ideal, with the potential of GREENWOOD twin home development. In either case, the design, layout, orientation, density, At-Large and style of homes will be hig hly ghly important to ensure the development is beneficial STEVE to the surrounding neighborhood. Staff believes any development needs to uplift SCHMITT the surrounding neighborhood, not have any negative impact on it. Staff believes At-Large rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. The "R- P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses. The proposed rezoning of this site is as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure CITY WEBSITE:W: www.KING FOR WE'RE WORKING FOR YOU! 1111 An Equal Opportunity/Affirmative Action Employer the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single-family homes and possibly twin homes if appropriate, restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. The Future Land Use Map designates portions of this area as Low Density Residential, which would allow for the redevelopment of the site for single-family, and possibly two family residences, as well as Commercial along Falls Avenue. The rezone area is located within the Primary Growth Area. At their April 5,2011 Planning, Programming and Zoning Commission meeting, the Planning and Zoning Commission unanimously recommended approval of the rezone request, subject to the following condition(s): 1. That the development be restricted to single-family dwellings, with the potential for two-family dwellings. 2. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a. Design of homes for curb appeal,number of stories, setbacks, etc. b. Orientation, size,house density-to-lot ratio, and layout of lots. c. Amenities of homes such as garages, fencing, finished areas, green space, etc. d. Relationship and positive impact on existing and surrounding development. Please find attached a staff report, aerial photo, and legal description,detailing the area in question. Therefore, we request the City Council set a date of public hearing on the rezoning request as May 9,2011, and publish an official notice pertinent to the requested rezoning. If you have any questions,please do not hesitate to contact our office. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use Alternative: N/A Background Information: Legal Description: Property known as Lots 21 to 42 inclusive and the Triangular piece of ground lying South of the lots above described marked on the recorded plat as "school", all in Galloway in Waterloo, Black Hawk County, Iowa. Said Triangular piece above described to be used exclusively for school purposes, and as part of the consideration for this deed, grantors herein agree that the part of the Block North of Lots herein conveyed known as Galloway Park shall be forever kept open and maintained as a public park, and Lots 171 thru 181, all in First Addition to Galloway in the City of Waterloo, Black Hawk County, Iowa, and Lots 409 and 410 in Galloway in the City of Waterloo, Black Hawk County, Iowa, and Lots 342,414 and 415 in Galloway, in the City of Waterloo, Black Hawk County, Iowa NA:to cc: Aric Schroeder, City Planner Eric Thorson, City Engineer --file-- April 5,2011 REQUEST: REQUEST BY THE CITY OF WATERLOO TO REZONE 6.88 ACRES AT THE EDISON ELEMENTARY SCHOOL, LOCATED AT 740 MAGNOLIA PARKWAY, FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R-1,R-P" PLANNED RESIDENCE DISTRICT. APPLICANT: City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 GENERAL The applicant is requesting to rezone the property at 740 Magnolia DESCRIPTION: Parkway from "R-2" to "R-1,R-P" to allow for future one and two family development at the site. Currently, the site is zoned as "R-2", which allows for one and two family development, however with higher density levels. There is no proposed project at this time to redevelop the site. IMPACT ON Staff believes the "R-1,R-P" Planed Residence District will help to NEIGHBORHOOD & redevelop the area for one and two family housing development. SURROUNDING Single-family homes would be ideal, with the potential of twin home LAND USE: development, due to the existence of other multiple family dwellings in the area. In either case, the design, layout, orientation, density, and style of homes will be highly important to make certain that any new development is beneficial to the surrounding neighborhood. Staff believes any development needs to uplift the surrounding neighborhood, not have any negative effect on it. Staff believes rezoning the land as such and placing proper conditions on future development will prevent it from having a negative impact upon the surrounding area. VEHICULAR & The site is located along the west side of Magnolia Parkway, directly PEDESTRIAN north of Falls Avenue. The site is bordered by Bismark Avenue to TRAFFIC the north, Falls Avenue to the south, Magnolia Parkway to the east CONDITIONS: and Harwood and Evergreen Avenues to the south and west. All these particular streets are classified as Local Streets, except Falls Avenue, which is classified as a Collector. There is public sidewalk located along the west side of Magnolia Parkway, south side of Bismark Avenue, and the west side of Evergreen Avenue It would appear that the rezone request would not have a negative impact upon vehicular and pedestrian traffic within the area. RELATIONSHIP TO RECREATIONAL There are no recreational trails located within the nearby vicinity. TRAIL PLAN: ZONING HISTORY The site in questions is zoned "R-2" One and Two Family Residence FOR SITE AND District, and has been zoned as such since the adoption of the IMMEDIATE VICINITY: Zoning Ordinance on February 3, 1969. Surrounding land uses and their zoning are as follows: North — One and Two Family Residences, zoned "R-2" One and Two Family Residence District. South Light commercial uses on the south side of Falls Avenue, zoned "C-1" Commercial District. East — One and Two Family Residences, zoned "R-2" One and Two 3.1.11 Rezone R2 to R1 RP—Edison School Page 1 of 4 26 April 5,2011 Family Residence District. West One and Two Family Residences, zoned "R-2" One and Two Family Residence District. DEVELOPMENT The surrounding area consists of predominantly low-density HISTORY: residential uses and some light commercial uses, with development occurring from the 1910s to the 1960s. BUFFERS/ SCREENING REQUIRED: Rezoning of the land in question would not require any additional buffering or screening. DRAINAGE: Rezoning of the land would not have a negative impact upon the surrounding area. FLOODPLAIN: The far southern area of the site is within the Zone-B, 500-year floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0004, dated July 3, 1985. The remainder of the property to the north is not located within any Special Flood Hazard Area PUBLIC /OPEN Edison Elementary School was constructed in the early 1900s, and SPACES/ SCHOOLS: is currently used by the Waterloo Community School District as an elementary School. At this time, the school district is constructing a new elementary school at the intersection of Sheldon Street and Sager Avenue, which is expected to be open for 2011-2012 school year. Once that new school is open, the district will no longer utilize Edison School, and it is planned to demolish the building. Also, it is planned to retain a 2.1 acre park at the Edison site when the school is demolished for the purposes of maintaining a park presence in this area. UTILITIES: WATER, SANITARY SEWER, 8" sanitary sewer is located along the southern portion of the site STORM SEWER, ETC. between Evergreen Avenue and Magnolia Parkway. There is also an 8" sanitary sewer located within Evergreren Avenue right-of-way, directly to the west of the school, however, no street is actually constructed in this area. 10" storm sewer is located within Magnolia Parkway, 12" storm sewer in Harwood, and 4" drain tile within Falls Avenue. The surrounding area is also served by other utilities such as water, telephone, gas, cable, etc. RELATIONSHIP TO The Future Land Use Map designates this area as Parks, Open COMPREHENSIVE Spaces, Schools, Airport, Government Facilities, and Public Areas. LAND USE PLAN: It may be necessary to amend the Future Land Use Map in the future to reflect the site as Low Density Residential. The rezone area is located within the Primary Growth Area. STAFF ANALYSIS — The proposed rezone consists of approximately 6.88 acres located ZONING at the Edison Elementary School site, located 740 Magnolia ORDINANCE: Parkway. Currently, the City of Waterloo is taking proactive steps on several infill development sites within the community. Utilizing infill development sites within developed portions of the City where existing infrastructure is readily available is a Smart Growth 3.1.11 Rezone R2 to R1RP—Edison School Page 2 of 4 27 April 5,2011 practice, and the installation and extension of utilities to serve any new development would be minimal, saving on future maintenance costs for the City. The proposed rezoning for all of these sites are as Planned Districts to ensure that compatible and suitable development occurs upon these infill sites near already existing and established neighborhoods. Rezoning the land to a Planned Residence district is meant to make certain that: 1. The City of Waterloo has a greater level of review for these sites to ensure the infill sites are properly redeveloped to have a positive impact on the surrounding neighborhoods. 2. That the surrounding neighbors have a greater level of public input for the redevelopment of these sites. Many of these residents have lived and invested in these areas for a long period of time, and it is in their interest that the transition from school sites to other residential sites is done in a way that is beneficial to their homes. All of the sites are primarily located within the developed portion of the City of Waterloo, the Primary Growth Area as designated by the City of Waterloo Comprehensive Plan. This particular location at Irving School is located within the core of the developed portion of the City, and all necessary utilities to serve the site are located within the area. There is also a need for proper redevelopment so as to not upset the delicate nature of some neighborhoods, and ensure they continue to move forward in a positive manner. It is staff's goal that any redevelopment of these areas represent the best possible infill homes to each area. Staff would like to see new construction with compatible or better designs, compatible or bigger yards, more home amenities, and compatible or bigger houses. These sites need to uplift the neighborhoods, and make surrounding neighbors encouraged with their redevelopment, and secure that it is helping their property values and future investments in their own homes. The City of Waterloo Leisure Services Department has reviewed all of the sites to recommend they are eligible for redevelopment. This is due to other park areas and open spaces being in close proximity. The "R-1-R-P" designation suggests a lower level of density, as the underlying "R-1" designation is the lowest density level in the City of Waterloo, with lots at least 9,000 SF in area, widths of at least 75', and greater setbacks for buildings. The "R-P" designation also gives the City of Waterloo greater levels of design review, provides for special provisions and care to be taken in site layout and design itself, to ensure compatibility to adjacent land uses, including screening, landscaping, building design, etc. It also provides for greater levels of public input, as any development would be required to be reviewed by the Planning, Programming and Zoning Commission and subsequently the City Council after recommendation in lieu thereof. It is for the explicit reasons of making this a high quality development that this is 3.1.11 Rezone R2 to R1RP—Edison School Page 3of4 28 April 5,2011 proposed to be rezoned. It is proposed that prior to the approval of any specific development plan, conditions on the approval will be required, including limiting the type of development to single- family homes and possibly duplexes if appropriate, restricting the minimum lot size and lot width to be compatible with the neighborhood, and restricting designs, such as requirements for attached garages, number of stories, and minimum finished areas. STAFF ANALYSIS — SUBDIVISION There is no platting required for this request. ORDINANCE: STAFF Therefore, staff recommends that the request to rezone from "R-2" RECOMMENDATION: One and Two Family Residence District to "R-1,R-P" Planned Residence District be approved for the following reasons: 1. The request is in conformance with the Comprehensive Plan for this area through its differing district requests and the areas designated on the Future Land Use Map, as well as planned development in a Primary Growth Area. 2. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 3. The proposed rezone area is already served by all necessary utilities. 4. The areas requested are all planned districts, to allow for the orderly development of land and to ensure to the citizenry and City of Waterloo that development will occur as planned and approved, as well as providing for compatibly deigned development near neighboring development and districts. 5. The request contains all the necessary information as required by the City of Waterloo Zoning Ordinance. And subject to the following condition(s): 1. That the development will be highly scrutinized to provide a higher level of design and livability by the City of Waterloo in the following, but not limited to, categories: a) Design of homes for curb appeal, number of stories, setbacks, etc. b) Orientation, size, house density-to-lot ratio, and layout of lots c) Amenities of homes such as garages, fencing, finished areas, green space, etc. d) Relationship and positive impact on existing and surrounding development 2. That any development be limited to single-family homes, with the possibility of duplexes. 3.1.11 Rezone R2 to R1RP—Edison School Page 4 of 4 29 1 ., ' ; Request to rezone approximately 6.88 acres from - -: "R-2" One and Two Family Residence District to riot �y "R-1 ,R-P" Planned Residence District r , iiii. „ ,,,,,„ _o__ , ii. _ . .____ ..,,,r_lit,, ,. ..„,.. ....,„, " r Bismark Avenue • .. illiarl,‘ A" istniii .,,.,. a, 11141111-10, / / A.1,- '''', , ' 2 amit, -int. ik., i iih - 1.0t4 II ' 4 ilt MP / poic "' c� ' ,� j'ask; ad / : R_2 "'' s`¢ p -iqa `¢ Tic C - .., L / 9V 9� , ` cc i - ¢ i e= re, 4 Former Edison School r '` 40 740 Magnolia Parkway up,ap- Proposed Rezone Area al ""a Rock Island Avenue x, -- W Y` p d I F e 1 d i 1 t H ► d,gi/euUe / y, / z i , , %-,,,.iiiiiit c,.... aii— '4.40-4 41** je, C:i'C_IfZi_ 4, ' 4'*' E"S A lie es.''1 : , iti It vtit F`: M. , f .H! artmanAv a�<^ue�t , -i , A N zoo iao 0 zoo . ,'gp tr " P `` ,.-.... *'i , , _ i ... " am fFeef rv.��> `a /.�A\v\ ,mow 1 L ____A tip ,ffirg'.q Rezone "R-2" to "R-1,R-P"— 740 Magnolia Parkway a ,jj w �w# r � , 1s¢ * w - w "➢i4^ Looking north across Magnolia Parkway at Looking south from Bismark Avenue at Edison School. the Edison School. ma' §,- ` r't 2 y, b a:; $ rV4 E• Looking east at the Edison School from the Looking east from Harwood Avenue at alley along the west side. Edison School. 31 Rezone "R-2" to "R-l,R-P"— 740 Magnolia Parkway 40. -s '-,, te - .rt Looking west at the athletic fields from Looking west at homes along alley west of Magnolia Parkway. Edison School. tt m e rr. c a � 77 *c 5 � Looking west at approximate location of an 8" sanitary sewer line in the athletic fields at Edison School. 32 Plat Map — Edison Field Site Rezone 47 s Nf- 6 /2S 62,, its 16' i,-. J7{'> R �. 7z' IE 12S y 6 iiii0 a my. ;zs' 37 y, 72 f 8"Sanitary Sewer r.7 � 27 36 '`� J 7 �. 7z9 ._._ ^I..S i T,z 74" V/ 28 3; e ta.4 L#.. 1pa N-... ,. Few Y9d. \` XS /7,9 z Ter i` 19 ?4 �n 3 737 s Q 6 a f72 1'99 ?o ,r, - . s 7t ' 71, Cr �11 10"Storm Sewer /h v �a ,ei R m q 13! a , 4 ,5 o p 83.3 Yss �r,e-'44 ° ? p,. ♦?@:- , ,F POCX /ST AND ,4VE °O •- T 47,..?....4 Site in Question iz3d ,a �ay1 ' 07 t f .. N 8., 12"Storm Sewer .e x a y o, 7 )Y'' GM^,, ¢ �' o ?ph 9 Y �` S a ,• \ e F� ` t pY '4p fa ; 2 ' ?ems ,F yb yy 3 AI/ Sb 40 di- ;' 15"Storm Sewer ' *s. <e p aM , 0, _ ,iF6 h / q Ald >a i7T19"g 4 f ♦ems 0%,IP / v _i '*' n uto / \ N yam .. d. (\ fi '-.,, is Yea ' -,Y �, $ Sanitary Sewer v� �'Ae $' Y h ,,N. V "4,4 4 el. -"Lrs '* \Y 7 s wV 4"Drain Tile .ten M�2 0 33 STATE OF IOWA, } I do solemnly swear that the annexed copy of legal Black Hawk County, SS City of Waterloo Public Hearing on Rezoning Edison Elementary School Notice was published in the Courier, a daily publication printed in Waterloo, Black Hawk County, NOTICE OF PUBLIC HEARING ON Iowa, 1 time commencing on the 5th day of May, REZONING TO WHOM IT MAY CONCERN:Notice is hereby given that on the 9th 2011 in the name of said newspaper, and that the day of May,2011,at 5:30 p.m.in the annexed legal rate of advertised is the regular rate of Council Chambers in the City Hall in the City of Waterloo,Iowa,a public hearing said newspaper, and that the following is a correct bill will be held by the Council of the City of Waterloo,Iowa,to approve the request to rezone approximately 7.40 acres gen- for publishing said notice. erally located at the Edison Elementary School site at 740 Magnolia Parkway,at the west side of Magnolia Parkway di- rectly to the north of Falls Avenue,upon Printer's Bill $23.44 the recommendation of approval of City �'1 Planning,Programming"R-2"One&Z Twog Com- mission, V'V w0 mission,from"R-2"One and Two Family Residence District to r the f Planned Qf _ al- Reslowiceng Dfuturect for the purposef roily �--� P-` for future one and two family housing development,legally described Signed i as follows: Property known as Lots 21 and 42 inclu- sive and the Triangular piece of ground lying South of the lots above described marked on the recorded plat as"school", all in Galloway in Waterloo,Black Hawk Subscribed and sworn to before me this County,Iowa. Said Triangular piece above described to be used exclusively for school purposes,and as part of the consideration for this deed,grantors North of Lreeots that the part of then Block Day Of 7.....- A.D., 20 North of Lots herein conveyed known as Galloway Park shall be forever kept iw SUE ALAN open and maintained as a public park, „e r a 31_9�E a and > Lots 171 thru 181,all in First Addition to COMMISSION NO.761976 Galloway in the City of Waterloo,Black a o i- ON EXPIRES Hawk County,Iowa,and Lots 409 and 410 in Galloway in the City T�� of Waterloo,Black Hawk County,Iowa, Notary i"Ubhc and Lots 342,414 and 415 in Galloway,all in the City of Waterloo,Black Hawk Coun- ty,Iowa. Received of Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall,Waterloo,Iowa,before the date set for said hearing. By order of the Council of the City of Wa- terloo this 25th day of April,2011. Suzy Schares,CMC I City Clerk I the sum of Dollars. In full for publication of the above notice. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703 . RESOLUTION NO. 2011-328 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF THE CITY OF WATERLOO TO REZONE FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R-1, R-P" PLANNED RESIDENCE DISTRICT APPROXIMATELY 7 . 40 ACRES GENERALLY LOCATED AT THE EDISON ELEMENTARY SCHOOL SITE AT 740 MAGNOLIA PARKWAY ALONG THE WEST SIDE OF MAGNOLIA PARKWAY, DIRECTLY TO THE NORTH OF FALLS AVENUE, AS MAY 9, 2011, AT 5 : 30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING 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 9th day of May, 2011, for the purpose of acting upon an application of the City of Waterloo to rezone from "R-2" One and Two Family Residence District to "R- 1, R-P" Planned Residence District approximately 7 . 40 acres generally located at the Edison Elementary School site at 740 Magnolia Parkway along the west side of Magnolia Parkway, directly to the north of Falls Avenue, and legally described as follows : Property known as Lots 21 and 42 inclusive and the Triangular piece of ground lying South of the lots above described marked on the recorded plat as "school", all in Galloway in Waterloo, Black Hawk County, Iowa. Said Triangular piece above described to be used exclusively for school purposes, and as part of the consideration for this deed, grantors herein agree that the part of the Block North of Lots herein conveyed known as Galloway Park shall be forever kept open and maintained as a public park, and Lots 171 thru 181, all in First Addition to Galloway in the City of Waterloo, Black Hawk County, Iowa, and Lots 409 and 410 in Galloway in the City of Waterloo, Black Hawk County, Iowa, and Lots 342, 414 and 415 in Galloway, all in the City of Waterloo, Black Hawk County, Iowa. 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 25th day of April, 2011 . (14° ?'‘,...e., Ernest G. Clark, Mayor ATTEST: Suzy Scha es, C City Cler] hJ CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND Df VE.t_C ; CITY OF WATERLOO I 1761-)45 5f 61/9/i Council Communication City Council Meeting: April 25, 2011 Prepared: April 19, 2011 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Set a date of public hearing and publish an official notice pertinent to the sale and conveyance of 2,829 sq. ft. of city-owned land abutting 3900 Alexandria Drive to D & J Investments Inc. for $10,970.61, plus costs. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: We ask that the City Council set a date of public hearing and publish an official notice pertinent to the vacate, sale and conveyance of land as described in the attached legal description, and authorize the Mayor and City Clerk to sign and fully execute any necessary documents. Summary Statement: Peters Construction, on behalf of Dan Deery Chrysler-Jeep- 1 ' Dodge at 3900 Alexandria Drive, is requesting the sale and conveyance of city- owned land to the south of their site. The City-owned portion is roughly a 10' by 283' portion of a larger city parcel used for drainage purposes. City staff has examined '',' ( i the area requested for sale and has recommend its approval, as it will not adversely impact the drainage needs for the area. Staff calculated the price per square foot of abutting land to the site, and it averages out to $4.09 per sq. ft. The applicant is planning an addition to their building just north of the land to be acquired (see attached). The City of Waterloo Board of Adjustment approved a zero lot line variance for the expansion to occur at their February 23, 2010 meeting. The expansion would allow for the Deery site to continue meeting industry standards for such a franchise. The applicant would prefer to pay the price per square foot than to enter into a full Development Agreement with a Minimum Assessment Agreement, due to the small amount of addition to be added. Expenditure Required: NA. Source of Funds: NA t f f Y "E SI (_;: wvaw — \VE RI WORKING FOR )'Olt 6:1:Itt.0(t) E,udl O(GG..UrvtyIAffun, I,e A +.,n E i -lc ei Policy Issue: Sale of Property and Economic Development. This request would meet the Sale of Property Policy guidelines. Alternative: Not sell land. Note: applicant is only logical purchaser of land portion, which is limited due to need of remaining city-owned area for drainage purposes. Background Information: The Deery development has been at this site since 1995. The southern edge of the building is near the city-owned drainage way, which was designed for excess capacity of storm waters from the Crossroads area. Planning and Engineering staff have worked with the applicant to identify the area available for sale, which is generally a portion of city-owned land which is not sloping but instead the flatter portion of land along the drainage way. City staff has determined the sale of this land will not adversely impact the drainage of the area. Therefore, the land is not needed for any current or future city purposes, and should be sold. This sale would appear to help an existing business continue to grow and prosper at their current site within the City of Waterloo, making this a Smart Growth project that encourages infill development and efficient use of existing infrastructure for the community. As you may recall, the City of Waterloo previously approved the sale and conveyance of a smaller portion of land in this same area (1200 sq. ft. for $4,908.00) --just to the east of this parcel -- back in April of 2010. Since that time, the applicant has reconfigured their plans and will be moving forward with a larger expansion project at the site, and has requested additional land in the area to accommodate such needs. This project represents continued interest and investment in the Crossroads for the City of Waterloo, which is an important development area for the long term growth and development of the community. . 1,44,4 et i1`\\\\\s ii APR 1 0 2011 ♦\� 1i ■atma ►• -=—, April 19, 2011 PETERS I` CONSTRUCTION NI AndersonCity of Waterloo 715 Mulberry CORPORATION Waterloo, IA 0703 RE: Dan Deery Chrysler 3900 Alexandra Drive Waterloo, Iowa Noel, Peters Construction Corporation, representing Dan Deery Motor Company, is requesting to purchase a 288' x 10' (2,829 square feet) piece of property which is owned by the City of Waterloo for an expansion of Dan Deery Chrysler located at 3900 Alexandra Drive. See the attached legal description prepared by VJ Engineering and site plan. On behalf of Dan Deery Motor Company, D and J Investments, Inc proposes to buy the parcel of land at 4.09 dollars per square foot for$10,970.61. If you have any questions or need additional information, feel free to contact me. We appreciate your consideration of this request. Sincerely, PETERS C NSTRUCTION CORPORATION Per: Brad Best, LEED AP Executive Vice President 901 Black Hawk Rd. Enclosures: P.O. Box 2940 City of Waterloo Sale of Property Form Waterloo. IA 50704 Legal Description prepared by VJ Engineering Site Plan (Phone) 319-236-2003 (Fax) 319-236-2009 Nk .petersconstruction.com 1.4c) (E MBI 9FAhrtg0- F ion City of Waterloo Planning& Zoning Department 715 Mulberry Street,Waterloo,Iowa 50703 (319) 291-4366 ❑ Offer to Vacate and Purchase City Right-of-Way U Request to Vacate Easement,Vacate Sidewalk,or Encroachment Agreement J Sale of City-Owned Property Applicant: D and J Investments,Inc. Address: 7404 University Ave, Cedar Falls, IA Phone No.: (319)266-5500 General Description of Property to Vacated(i.e.-alley between A St.&B St., South of C St.): Dan Deery Motor Company is requesting to buy land from the city adjoining its property at 3900 Alexandra Drive as described below: A parcel of land approximately 288' x 10' (2,829 square feet)adjoining the south property line. This proposed parcel also adjoins the west property line of parcel# 8813-02-352-009 recently purchased by Dan Deery Motor Company for construction of a building addition. The land purchase is for expansion of the service department, consisting of both building and parking lot paving. Legal description of area to be conveyed,vacated,or encroached: See the attached legal description prepared by VJ Engineering. 1. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo): • Right-of-way vacation—One Hundred Dollar($100.00)Filing Fee • Easement or sidewalk vacation, or Encroachment-Fifty Dollar($50.00)Filing Fee • Sale of city-owned property not required to be vacated—No Fee • Any request not meeting the Sale of Property Policy—One Hundred Dollar($100.00)Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy(see attached)the request will not be required to be reviewed by the Building&Grounds Committee.] • Asking price(see attached Sale of Property Policy for how calculated): $ 11,570.61 • Deductions • May decrease price by 50%for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs(8 yrs inside of the CURA): • Costs(surveying&misc.,demolition,remove of curbs, etc): $ 600.00 Asking price—Deductions=Value of Property: Offer Price for Entire Area: $ 10,970.61 Note: The above information is a summary of the Sale of Property Policy(see attached). All requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council.Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s)has been selected,all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 5. Other: P ase provide a site plan and/or aerial photo of the area to be vacated if the request involves additi 1 o struction as the reason for the request. /cP,,i /9 ;poi/ App 'c t Dan Deery Date April 19,2011 Parcel "L" Legal Description A part of the Southwest Quarter (SWl/a) of Section 2, Township 88 North, Range 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast Corner of Lot 4, Southtown, Waterloo, Black Hawk County, Iowa, said corner also being the Southeast corner of a tract of land described in Land Deeds Book 560 at Page 140; thence N 00°17'30"E along the West line of Alexandra Drive 100.00 feet to the Northeast corner of said tract; thence S 89°26'30"W 138.73 feet along the North line of said tract and parallel to the North line of Lot 4, Southtown, to the Northeast corner of Parcel K, as recorded in Doc. #2010-020036; thence S 00°17'30"W 10.00 feet along the East line of said Parcel K; thence S 89°26'30"W 120.00 feet along the South line of said Parcel K to the point of beginning; thence continuing S 89°26'30"W 288.88 feet to the Southwesterly extension of the Southeasterly right-of-way of East San Marnan Drive; thence N 49°56'09"E 15.72 feet along said right-of-way extension to the Southwest corner of a tract of land described in Land Deeds Book 568 at Page 728; thence N 89°26'30"W 276.90 feet along the South line of the previously said tract, and the North line of a tract of land described in Land Deed 560 at Page 143 to the Northwest corner of previously said Parcel "K"; thence S 0°17'30" W 10.00 feet along the West line of said Parcel "K"to the point of beginning, containing 2829 square feet, and is subject to easements and restrictions of record. ¥ ¢ \ '. : ; ! e t . g_ / - , m ( . G & / , _ ® . . . ` ± \ Cat\ & ` j\ ` / / / r- » / \ §\ e R m } \} - 0 % \ G. % ( i ./ƒi i - o > M E w a f «: » h ® is \1. - \ \ \ / / v gy y \ m - ± & ƒ \ / }\ 2 \ E.- \ ` �� \ / 11 \ . \ \ $ o j �� k / \ r * h w ƒ / \ 0- 0 m w } \ . \ > © % . 5/ 2 ¥ : m j Q .% } 2 / e G / » \ , Cl / k 2 ® G m 2 o k a 75 , N ƒ g / � m } a . e a a 8 / w 2 f 00 2 A.\ \ \ / Q \ P 001 — CS'm# /LEXANOR/ OR e \ \ N.) This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703 . RESOLUTION NO. 2011-329 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE SALE AND CONVEYANCE OF 2, 829 SQUARE FEET OF CITY- OWNED PROPERTY ABUTTING 3900 ALEXANDRIA DRIVE TO D & J INVESTMENTS INC. AS MAY 9, 2011, AT 5 : 30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS : Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 9th day of May, 2011, for the purpose of considering and acting upon a proposal to sell and convey 2, 829 square feet of city-owned property abutting 3900 Alexandria Drive to D & J Investments Inc. , and legally described as follows : Parcel "L" A part of the Southwest Quarter (SW 4) of Section 2, Township 88 North, Range 13 West of the Fifth Principal Meridian, Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the Northeast Corner of Lot 4, Southtown, Waterloo, Black Hawk Count7y, Iowa, said corner also being the Southeast corner of a tract of land described in Land Deeds Book 560 at Page 140; thence N 00°17' 30" E along the West line of Alexandra Drive 100 . 00 feet to the Northeast corner of said tract; thence S 89°26' 30" W 138 . 73 feet along the North line of said tract and parallel to the North line of Lot 4, Southtown, to the Northeast corner of Parcel K, as recorded in Doc. #2010-020036; thence S 00°17' 30" W 10 . 00 feet along the East line of said Parcel K; thence S 89°26' 30" W 120 . 00 feet along the South line of said Parcel K to the point of beginning; thence continuing S 89°26' 30" W 288 . 88 feet to the Southwesterly extension of the Southeasterly right-of-way of East San Marnan Drive; thence N 49°56' 09" E 15 . 72 fe et along said right-of-way extension to the Southwest corner of a tract of land described in Land Deeds Book 568 at Page 728; thence N 89°26' 30" W 276. 90 feet along the South line of the previously said tract, and the North line of a tract of land described in Land Deed 560 at Page 143 to the Northwest corner of previously said Parcel "K"; thence S 0°17' 30" W 10 . 00 feet along the West line of said Parcel "K" to the point of beginning, containing 2829 square feet, and is subject to easements and restrictions of record, all in the City of Waterloo, Black Hawk County, Iowa; for $10, 970 . 61, plus costs . Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. Resolution 2011-329 Page 2 PASSED AND ADOPTED this 25th day of April, 2011 . df Z9411 rnest G. Clark, Mayor ATTEST: Suzy Sc res, CMC City Clerk C Y OF WATERLOOS IO A ,r— CQMMUfv1T`r PLANNING AND [3EVELOFMEN T CITY OF WATERLOO �' ) Sell Council Communication City Council Meeting: April 25, 2011 Prepared: April 19, 2011 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Set a date of hearing for approval of a Development Agreement for OFI Properties, LLC for the sale and conveyance of city-owned property, approximately 2.48 acres of land, for the construction of a new 17,500 sq. ft. industrial building with a minimum taxable value of $510,000 on GT Drive in the Northeast Industrial Park. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set date of hearing. Summary Statement: The City of Waterloo developed the lots in the Northeast Industrial Park for industrial development. OFI Properties, which is Con-Trot, has previously built a 70,000 sq. ft. industrial building in this area and is working on this new building for expansion purposes. The additional building will allow for their continued growth and development in the industrial park. Con-Trot works heavily with John Deere, Ryder Dedicated Logistics, Gray Transportation, and other businesses in the area. i ,. The City of Waterloo typically deeds land for $1.00 at one per 10,000 sq. ft. or 1 acre per $250,000 worth of value in the Northeast Industrial Park. This agreement would still leave room for additional development on this site. The agreement further calls for the reservation of the lot to the north, a 2.75-acre parcel, for a period of 5 years as Con-Trol expects a multiple year growth pattern. The City is always willing to work with companies for continued growth and development at existing sites, as it promotes excellent infill development and Smart Growth for the City of Waterloo. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The City of Waterloo began work on the Northeast Industrial Park back in the mid-90's and owns over 150 acres of land in this area for continued industrial development. 1" WEBS! ; L .. \A/32 RE WORKING wa f.RLd0 An Ens ;I OnporNnit A im,aiivu I Printable Map Output Page 1 of 1 Black Hawk Coun Parcel Ma. Parcel ID: 8912-20-176-006 Deed Holder: CITY OF WATERLOO NORTHEAST INDUSTRIAL PARK PLAT NO 3 LOT 18 • t t ti i r ix, �`pil ,� ' - ,tit r r _: 1 Z e. 0 ram'` Legend v �4) , J- Feats.a perceW,m - £°- a { ,.....F...., •.nai Peaeo. q �5t-� � � i I , _ 1 • papa_ �_ C _ �.- Wk. -♦ 1r . , . I i .„�- - Twwmrp. Y (r S.ctlrw Warr _ !� Parcala a.,k, r ❑ Toweanip City lire. R rera,a alm _ 4 _ rw.mee I. Z 'i w.rrname_ t "4 _ F. • Er� . rif) ,: _ .- ems , u -77, M Map created with ArcdMS•CWY+9 hi dC11992-Nq1 LSRllu. Q, _ 166ft i 4, Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street .ccuracy of the data delineated herein,either expressed or implied by Black Hawk County, aterloo,Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 information required for local government purposes.See the recorded documents for more E-mail:auditors.co.black-hawk.ia.us.or. detailed le.al information. http://www2.co.black-hawk.ia.us/servledcom.esri.esrimap.Esrimap.ServiceName=bhov&... 3/24/2011 Preparer Information: Chris Wendland PO Box 596 Waterloo, Iowa 50704 (319)234.5701 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of , 2011, by and between OFI Properties, LLC (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a building and related improvements on property located in the Northeast Industrial Park. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. On or before June 30, 2011, City shall convey, or cause to be conveyed, to Company the real property described in Exhibit "A" hereto (the "Property") for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances, other applicable law, and the Deed of Dedication for Northeast Industrial Park Plat No. 3. DEVELOPMENT AGREEMENT Page 2 2. Improvements by Company. Company shall construct an industrial building consisting of approximately 17,500 square feet, and related parking and landscaping (the "Improvements"), all of which shall be located on the Property. The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and the Deed of Dedication for the Northeast Industrial Park Plat No. 3 and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements will have a total project cost of approximately $750,000.00. The Property, the Improvements, and all site preparation and development-related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property, or to cause the Property to be conveyed, to Company and that without said commitment City would not done so. Company must obtain a building permit and begin construction within four (4) months from the date the Property is deeded to it, and construction shall be completed within twelve (12) months. If, after the expiration of four (4) months from the date of the executed deed, Company has not, good faith, begun the construction of the Improvements upon the Property, the title to the Property shall revert to the City; provided, however, that if construction has not begun at the end of said four-month period, but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If development has commenced within the four-month period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed within twelve (12) months shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. In the event of any reversion of title, Company agrees that it shall, at its own expense, promptly execute all documents or take such other actions as the City may reasonably request to effectuate said reversion, and Company further agrees that it shall indemnify and hold harmless the City with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project or Company's failure to carry on or complete same. If the City files suit to enforce the terms of this Section 3 and prevails in such suit, then the Company shall be liable for all of the City's legal expenses, including but not limited to reasonable attorneys' fees. DEVELOPMENT AGREEMENT Page 3 4. Water and Sewer. Company will be responsible for extending water and sewer service to any location on the Property and for payment of any associated connection fees. 5. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $510,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" at closing. 6. Option. Subject to the provisions of this Section 6, Company shall have an option to purchase Lot 11 (the "Optioned Land"), which abuts the Property on the north, for the sum of $1.00. To exercise such option, Company shall deliver written notice of exercise to City no later than April 30, 2016. Within ninety (90) days after delivery of notice, and no later than the date of conveyance of the Optioned Land, the parties shall enter into a development agreement on terms substantially similar to this Agreement for improvements to be made by Company on the Optioned Land. 7. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 8. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. DEVELOPMENT AGREEMENT Page 4 B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 9. Abstracting. No less than fourteen (14) days prior to the anticipated date of conveyance, City shall, at its own expense, deliver to Company an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. 10. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to OF! Properties, LLC, P.O. Box 437, Port Byron, Illinois, 61275, facsimile number , Attention: Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 11. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 12. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any DEVELOPMENT AGREEMENT Page 5 effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 13. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 14. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 15. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 16. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 17. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 18. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement as of the date first set forth above. [signatures on next page] DEVELOPMENT AGREEMENT Page 6 CITY OF WATERLOO, IOWA OFI PROPERTIES, LLC By: By: Ernest G. Clark, Mayor Title: Attest: Suzy Schares, City Clerk EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of , 2011, by and among the CITY OF WATERLOO, IOWA ("City"), OFI PROPERTIES, LLC ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the "Northeast Industrial Park Plan"; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $510,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before June 30, 2012. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2017. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Developer to contest its taxable valuations in full, commencing with the assessment of January 1, 2018. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor ATTEST: By: Suzy Schares, City Clerk OH PROPERTIES, LLC By: Title: By: Title: STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. On this day of , 2011, before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF ) ) ss. COUNTY OF ) Acknowledged before me on , 2011 by and as and , respectively, of OFI Properties, LLC. Notary Public CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Five Hundred Ten Thousand Dollars ($510,000.00). Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. Subscribed and sworn to before me on , 2011, by , Assessor for Black Hawk County, Iowa. Notary Public This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703. RESOLUTION NO. 2011-330 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE PROPOSED DEVELOPMENT AGREEMENT WITH OFI PROPERTIES, LLC TO SELL AND CONVEY FOR $1 . 00, PLUS COSTS, APPROXIMATELY 2 . 48 ACRES OF CITY- OWNED PROPERTY GENERALLY LOCATED ON GT DRIVE IN THE NORTHEAST INDUSTRIAL PARK, FOR THE CONSTRUCTION OF A NEW 17, 500 SQUARE FOOT INDUSTRIAL BUILDING, WITH A MINIMUM TAXABLE VALUE OF $510, 000 . 00, AS MAY 9, 2011, AT 5: 30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS : Section 1 . That the Council of the City of Waterloo, Iowa shall meet at City Hall Council Chambers in the City of Waterloo, Iowa at 5 : 30 p.m. on the 9th day of May, 2011, for the purpose of considering and acting upon a proposed Development Agreement with OFI Properties, LLC to sell and convey for $1 . 00, plus costs, approximately 2 . 48 acres of city-owned property generally located on GT Drive in the Northeast Industrial Park, for the construction of a new 17, 500 square foot industrial building, with a minimum taxable value of $510, 000 . 00, and legally described as follows : Lot 18, Northeast Industrial Park Plat No. 3, all in the City of Waterloo, Black Hawk County, State of Iowa. Section 2 . 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 25th day of April, 2011 . XGt.4-41- f/, L��'"L . Clark, Mayor ATTEST: zy Sciares, C C City Clerk CITY OF WATERLOO Council Communication City Council Meeting: April 25, 2011 Prepared: April 20, 2011 Dept. Head Signature: # of Attachments: 1 SUBJECT: Five Sullivan Brothers Convention Center Duct And Coil Cleaning Submitted by: Craig Clark — BO/MA Recommended City Council Action: Approve recommendation of award of contract in the amount of$125,686 Americlean of Waterloo, Iowa in conjunction with Five Sullivan Brothers Convention Center Duct And Coil Cleaning, be received, placed on file and adopted. Approve Contract, Bonds and Certificates of Insurance in the amount of$125,686 to Americlean of Waterloo, Iowa in conjunction with Five Sullivan Brothers Convention Center Duct And Coil Cleaning, be adopted and Mayor and City Clerk authorized to execute same. Summary Statement Expenditure Required $125, 686.00 Source of Funds Background Information: Providing a comfortable and consistent room temperature to convention center guests. This is part of a maintenance schedule for cleaning that should be implemented and followed in order to provide for a pleasant environment. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703 . RESOLUTION NO. 2011-331 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO AMERICLEAN OF WATERLOO, IOWA, IN CONJUNCTION WITH THE FIVE SULLIVAN BROTHERS CONVENTION CENTER DUCT AND COIL CLEANING, IN THE AMOUNT OF $125, 686 . 00 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the contract to Americlean of Waterloo, Iowa, in the amount of $125, 686. 00, in conjunction with the Five Sullivan Brothers Convention Center Duct and Coil Cleaning described in the specifications heretofore adopted by this Council for said project with Resolution No. 2011-73, after public hearing on February 7, 2011 on published notice required by law, be and is hereby awarded. PASSED AND ADOPTED this 25th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Cler CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT (;)It ��m 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 Qrloo NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: 04/25/11 BUCK CLARK Prepared: 04/20/11 Dept. Head Signature: COUNCIL # of Attachments: / MEMBERS DAVID SUBJECT: Resolution approving award of contract to Kelly Demolition, LLC for JONES an amount not to exceed $198,404.95 for Demolition and Site Clearance Services JONES Ward I (no regulated asbestos-containing materials) Group 1 in connection with Public Assistance (PA) demolition activities of the Hazard Mitigation Grant Program CAROLYN COLE (HMGP) Property Acquisition Project. Ward 2 Submitted by: Aric Schroeder, City Planner HAROLD GETTY yiard3 Recommended City Council Action:Award a contract for demolition and site clearance services to Kelly Demolition, LLC, and authorize the Mayor and City QUENTIN Clerk to sign and contract. HART Ward 4 Summary Statement: RON WEEPER Expenditure Required: $198,404.95 Ward 5 BOB Source of Funds: FEMA Public Assistance (PA) Project Worksheet02RJD73 GREENWOOD At-Large Policy Issue: Demolition and site clearance of properties acquired as part of the STEVE HMGP Property Acquisition Project SCHMITT At-Large Alternative: N/A Background Information: On 1/20/09 the City Council authorized the submittal of an application to apply for Hazard Mitigation Grant Program (HMGP) 1763 Structural Acquisition (Buy Out) funds through the Iowa Homeland Security and Emergency Management Division (HSEMD). On 7/17/09 the City of Waterloo received official notice that the City was awarded funding under the program in accordance with the scope of work and budget that was included in our application that was submitted and approved by HSEMD and FEMA. On 8/3/09 the City Council authorized the agreement between HSEMD and the City of Waterloo, which has subsequently been executed. The total HMGP Property Acquisition (Buy CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Out) budget is $4,859,419.00 (based on recent de-obligation), with funding from HSEMD for up to 75% of the total project budget, and funding from the Iowa Department of Economic Development (IDED) through a Supplemental Community Development Block Grant (CDBG) for 25% of the total project, including the 10% State portion and the required 15% local match. The Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 45121- 5207 provides for the FEMA Public Assistance (PA) Program. The PA Program funds multiple disaster recovery activities, such as asbestos abatement. Sections 403 Essential Assistance and 404 Hazard Mitigation provide funding for demolitions associated with a HMGP Property Acquisition (Buy Out) Program. With this disaster (DR-1763) the program is funded 90% Federal share and 10% State share, with no required local match. Unlike the HMGP Program, with the PA Program communities are not issued an award, but all eligible expenses will be reimbursed through Project Worksheets (PW's). Therefore expenses related to the demolition of acquired properties, including administration and contractual expense (which would include a demolition contract) will be eligible for reimbursement through the FEMA PA Program. The City of Waterloo is looking to award a contract after seeking proposals for demolition and site clearance in connection with the HMGP property acquisition project. This initial contract for group 1 is for twenty seven properties with twenty eight homes. These structures were deemed structurally safe, and therefore have been tested and abated for asbestos. There are approximately 11 other properties on the buyout list that had not yet been acquired when we let asbestos testing and abatement contracts, and they will be included in later testing/abatement/demolition contracts (group 2) assuming they are acquired. Proposals for demolition and site clearance services (no-RACM)group 1 were received from five firms, including: Kelly Demolition LLC, Mount Vernon, IA; McClain& Co., Waterloo, IA; R Company Inc. dba Frickson Backhoe &Trucking, Evansdale, IA; Affordable Hazards Removal, Inc., Monticello, IA; and Peterson Contractors Inc., Reinbeck, IA. Please find attached a letter of recommendation on award of Contract from the Proposal Evaluation Selection Committee, as well as the Proposal Evaluation Tab (bid tab) for the proposals, as well as the contract to be executed. If you have any questions or need any additional information on this matter, please contact our office. cc: Noel Anderson,Community Planning&Development Director Chris Western,Planner II Path: KAUSERS\ARICS\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Services\0420.11 Council Communication for Award of Contract for Demolition Services no-RACM for HMGP Property Acquisition Projectdoc CITY OF WATERLOO , IOWA Tyr I COMMUNITY PLANNING AND DEVELOPMENT � 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dter�pp \ NOEL ANDERSON,Community Planning&Development Director April 20, 2011 Mayor BUCK CLARK The Honorable Buck Clark, Mayor and the City Council Members City Hall COUNCIL Waterloo, Iowa 50703 MEMBERS Dear Mayor and Council Members: DAMS JONES RE: Award of Contract—Demolition and Site Clearance Services(no RACM) Ward l Group 1 —Hazard Mitigation Grant Program(HMGP)Property Acquisition Project— Public Assistance (PA)Demolition. CAROLYN COLE Proposals for demolition and site clearance services (no RACM)group Ward 2 p 1 were received from five firms, including: Kelly Demolition LLC, Mount Vernon, IA; McClain& Co., HAROLD Waterloo, IA; R Company Inc. dba Frickson Backhoe&Trucking, Evansdale, IA; GETTY Affordable Hazards Removal, Inc., Monticello, IA; and Peterson Contractors Inc., Ward 3 Reinbeck, IA. The Proposal Evaluation Selection Committee thoroughly evaluated the QUENTIN M. proposals based on the firm's experience and the firm's principal project manager's HART experience, the firm's responsiveness to the RFP (including total scope of services offered, Ward 4 compliance with submission guidelines, and overall proposal presentation), and the cost effectiveness of the firm's financial proposal. RON WardWELs All five bidders submitted the required "Financial" proposal. 5 q portion In their ro osal. Two companies (McClain& Co. and Peterson Contractors Inc.) did not submit anything for the BOB "Non-Financial" portion of their proposal as requested in the request for proposal. "Non- GREENWOOD Financial" data requested included a detailed service plan and timeline proposed, details At-Large on the experience of the company and key p y personnel highlighting other similar projects STEVE that they have worked on, a list of staff with name, title and description of work they SCHMITT would perform, an indication of who the principal or project manager would be, and a list At-Large of references. Two companies (McClain& Co. and Peterson Contractors Inc.) did not submit a certificate of insurance. The Request for Proposal that was submitted to all prospective bidders clearly indicated that this information was to be included. The RFP also stated that "Failure to complete or provide any of the information requested in this RFP, including references, and/or additional information as indicated, may result in disqualification by reason of 'non responsiveness'." And the RFP stated that the award of contract would be made to the most responsible and responsive proposal from a company whose proposal offers the greatest value to the City with regard to the criteria detailed and the specifications set forth within the RFP, and stated that proposals would be evaluated on: 1) qualifications and experience including years of experience of key personnel, feedback from references, and knowledge and experience with projects involved with federal and state grants, 2)cost effectiveness, and 3) company responsiveness to RFP, including total scope of services offered, responses to overall proposal and compliance with submission guidelines, and proposal presentation (completeness, organization, CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 1111 appearance, etc.). The proposal submitted by Kelly Demolition LLC was a good proposal that provided almost all, if not all, of the information requested by the RFP (could have had a little more detail in their "Non-Financial" portion). The proposal from Kelly Demolition did have a stated bid total of $189,362.46, but the correct math of the individual bid tabs for each of the properties included in the project was $198,404.95. In accordance with the provisions of Exhibit "E" of the RFP which states that "The correct summation of actual bid tabulation figures will supersede any amounts shown on this page", and in accordance with the provisions of Section 1.2 of the RFP which provides for the City to waive "irregularities", the incorrect figure listed on Exhibit "E" shall be considered an irregularity and waived, as the error did not provide a competitive advantage to any Proposer, and the correct math of the individual bid tabs shall be considered the bid amount. The Committee has determined that the proposal submitted by Kelly Demolition, LLC was the most responsible and responsive proposal that offered the greatest value and expertise to the City Therefore, the Proposal Evaluation Selection Committee recommends that the contract for demolition and site clearance services (no RACM)group 1 in connection with Public Assistance (PA) demolition activities of the Hazard Mitigation Grant Program(HMGP) 1763 Structural Acquisition(Buy Out)program be awarded to Kelly Demolition, LLC. Please find attached the Proposal Evaluation Tab(bid tab) for the proposals, as well as the contract to be executed. If you have any questions or need any additional information on this matter, please contact our office. Respectfully, .,'d _. Aric A. Schroeder, City Planner CITY OF WATERLOO , IOWA oterloo `o° Proposal Evaluation Tab for Request for Proposal April 2011 DEMOLITION AND SITE CLEARANCE SERVICES [no regulated asbestos-containing materials (no RACM)] HAZARD MITIGATION GRANT PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT City of Waterloo, Iowa Prepared by City of Waterloo Planning and Zoning Department \ 0 / / = E \ 0 \ \ / 77r / 14.t7 ± / E ; 7 E $ / kk / k m Anr \ F } , E# © ; , . « : _ 2 , F - / FE ¢ 0 » f k ; \ C \ › gzf® ; - > n1 ƒ n ; H R ■ g ; ° 7 @. : e / / - / H , 0 / k9 mnI ~ - }# 0 0 © c » n 0 2 C' 8'• m ® ° ( 2 0CD * � C a 0 \ \ tTI} / ƒ ) t % S d \k / ) ƒ mow ; , \ } ƒ y. � a) -o $ �/ ( 5f \ \ / m §. 2 o \\ k § < e S d ¢ S \ k f f \ ƒ \ } = / CT 0D 0 ° ` � / ' mo Cn _ /\ / \ \ 5 - % J m > 3 / / g # a ° 0 j 2 Co 48i a k k \ \ - � ■ CC) Q / k N / � C ? / _ $ 3E \ E _ , 0 $ - ® © \ /f § © $ / 00 \ E / ± ` 2 n o c » W # § § C § ƒ ƒ This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703 . RESOLUTION NO. 2011-332 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT WITH KELLY DEMOLITION, LLC OF MOUNT VERNON, IOWA, IN THE AMOUNT OF $198, 404 . 95, IN CONJUNCTION WITH DEMOLITION AND SITE CLEARANCE SERVICES OF THE HAZARD MITIGATION GRANT PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT, AND DIRECTING EXECUTION OF SAID CONTRACT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract with Kelly Demolition, LLC of Mount Vernon, Iowa, in the amount of $198, 404 . 95, described in the specifications heretofore adopted by this Council for said project in Resolution No. 2011-274, after public hearing on April 11, 2011 on published notice required by law, be and is hereby awarded, the same being the apparent lowest bid for said project, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 25th day of April, 2011 . fe-eMr-V— Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cle k au � y CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT d �^-^ O� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 rcrIOO ‘ NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: 04/25/11BUCK CLARK Prepared: 04/20/11 Dept. Head Signature: G/� `r— # of Attachments: 9 COUNCIL MEMBERS SUBJECT: Request to approve Second Amendment to Contract for Abstracting DAVID Services dated November 1, 2009 for abstracting services pertaining to the City of JONES Ward I Waterloo's Hazard Mitigation Grant Program to extend the term of the contract for an additional period of six (6) months, from May 1, 2011 to October 31, 2011. CAROLYN COLE • Ward 2 Submitted by: Aric Schroeder, City Planner HAROLD Recommended City Council Action:Approve the Second Amendment to Contract, Ward 3Y and authorize the Mayor and City Clerk to sign said Amendment. QUENTIN Summary Statement: HART Ward 4 Expenditure Required: no additional expenditures required RON WEEPER Source of Funds: Hazard Mitigation Grant Program, grant agreement number Ward 5 HMGP DR-1763.0046 01 BOB GREENWOOD Policy Issue: This Contract provides abstracting services for properties acquired as At-Large part of the HMGP Property Acquisition Project. The initial term of the Contract STEVE was for twelve (12) months with a provision for extension for additional six(6) SCHMITT month periods by mutual agreement. The First Amendment to the Contract At-Large extended the term of the Contract for a six(6) month period from November 1, 2010 to April 30, 2011. Alternative: There are still abstracting services required under the grant. The only alternative to extending the term of the Contract would be to re-bid the project. Re- bidding the project would not appear to be needed, as Title Services Corporation was the low bidder and is not requesting any price escalations. Background Information: On 10/26/09 the City Council held a hearing and opened bids for abstracting services in connection with the Hazard Mitigation Grant Program (HMGP) 1763 Structural Acquisition (Buy Out) program through the Iowa CITY WEBSITE: waterloo.ia.us WE'RE WORKING FOR YOU! 111 An Equal Opportunity/Affirmative Action Employer Homeland Security and Emergency Management Division (HSEMD), and on 11/02/09 the Council awarded the Contract to Title Services Corporation. The initial term of the Contract was for twelve (12) months, from November 1, 2009 to October 31, 2010. The Contract provides that the City and Abstract Company may renew the original Contract for six (6) month time periods by mutual agreement. It is anticipated that there will be a need for abstracting services pertaining to the HMGP Property Acquisition Project past the initial and extended term of the Agreement, so the proposed Second Amendment to Contract for Abstracting Services will extend the term thereof for an additional period of six (6) months, from May 1, 2011 to October 31, 2011. All other terms and conditions of the Agreement shall remain the same. The Abstract Company has not requested any changes in the prices, scope of work, or the overall maximum contract amount, which is $50,000. Through 04/18/11, the City of Waterloo has paid $13,245.00 under the Contract. cc: Noel Anderson,Community Planning&Development Director Path: K:\USERS\ARICS\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Services\0420-11 Council Communication Second Amendment to Contractfor Abstracting Services for HMGP Property Acquisition Project.doc SECOND AMENDMENT TO CONTRACT FOR ABSTRACTING SERVICES This Second Amendment to Contract for Abstracting Services is made as of the latest date set forth below by and between the City of Waterloo, Iowa ("City") and Title Services Corporation("Abstract Company"). WITNESSETH: WHEREAS, the City and the Abstract Company have heretofore entered into a certain Contract for Abstracting Services dated November 1, 2009 (the "Agreement") for the Abstract Company to provide abstracting services to the City pertaining to the City of Waterloo's Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and, WHEREAS,pursuant to the Agreement,the initial term of the Agreement was for twelve (12) months, from November 1, 2009 to October 31, 2010 and the first amendment to contract renewed the original Contract for six (6)months,from November 1, 2010 to April 30, 2011; and, WHEREAS, the Agreement provides that the City and Abstract Company may renew the original Contract for six (6) month time periods by mutual agreement; and, WHEREAS, it is anticipated that there will be a need for abstracting services pertaining to the HMGP Property Acquisition Project past the amended term of the Agreement. NOW, THEREFORE, the parties hereby amend the Agreement to extend the term thereof for an additional period of six (6) months, from May 1, 2011 to October 31, 2011. All other terms and conditions of the Agreement shall remain in full force and effect, without modification. IN WITNESS WHEREOF, the parties have caused this First Amendment to Contract for Abstracting Services to be executed by their duly authorized representatives, effective as of the last date stated below. CITY OF WATERLOO, IOWA TITLE SERV ES CO ORATION By: By: Ernest G. Clark, Mayor Charles P. Augus , Vice President Date: Date: April 11, 2011 Attest: Suzy Schares, City Clerk FIRST AMENDMENT TO CONTRACT FOR ABSTRACTING SERVICES This First Amendment to Contract for Abstracting Services is made as of the date set forth below by and between the City of Waterloo, Iowa ("City") and Title Services Corporation ("Abstract Company"). WITNESSETH: WHEREAS, the City and the Abstract Company have heretofore entered into a certain Contract for Abstracting Services dated November 1, 2009 (the "Agreement") for the Abstract Company to provide abstracting services to the City pertaining to the City of Waterloo's Hazard Mitigation Grant Program(HMGP) Property Acquisition Project; and, WHEREAS,pursuant to the Agreement,the initial term of the Agreement was for twelve (12) months, from November 1, 2009 to October 31, 2010; and, WHEREAS,the Agreement provides that the City and Abstract Company may renew the original Contract for six (6)month time periods by mutual agreement; and, WHEREAS, it is anticipated that there will be a need for abstracting services pertaining to the HMGP Property Acquisition Project past the initial term of the Agreement. NOW, THEREFORE, the parties hereby amend the Agreement to extend the term thereof for an additional period of six (6)months, from November 1, 2010 to April 30, 2011. All other terms and conditions of the Agreement shall remain in full force and effect, without modification. IN WITNESS WHEREOF, the parties have caused this First Amendment to Contract for Abstracting Services to be executed by their duly authorized representatives, effective as of the last date stated below. CITY OF W TERLOO, IOWA TITLE SERVICES CORP TION �By: U By: _____ Ernest G. Clark, Mayor Charles P. Au sti , Vice President Date: i d 12Gj'pold Date: 10 f if zola 1f, Attest. Sc hares CityClerk �Y CONTRACT FOR ABSTRACTING SERVICES This Contract for Abstracting Services (the "Agreement")is entered into as of November 1, 2009, by and between the City of Waterloo, Iowa("City") and Title Services Corporation ("Abstract Company"). In consideration of the mutual promises exchanged herein,the parties agree as follows: 1. Services. Abstract Company agrees to provide the abstracting services described in the Request for Proposal—Abstracting Services Hazard Mitigation Grant Program (HMGP) Property.Acquisition Project, at the cost set forth in the Service Fee Addendum hereto. Abstract Company will be paid separately for each transaction. Abstract Company's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within thirty (30) days after receipt of an original invoice and after such services are delivered and accepted. 2. Contract Documents. The following documents (collectively, the"Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response (Proposal) from the Successful Bidder In the event of conflict between the provisions of the Contract Documents and this Agreement, the provisions of this Agreement shall prevail. 3. Reporting; Records. Abstract Company shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project, including but not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Abstract Company shall maintain all project records for a minimum period of three(3) years after the date of final payment for services rendered under this Agreement. During the term of this Agreement and for the ensuing record-retention period,Abstract Company shall make any or all project records available upon reasonable request, and in any event within two (2)business days of request,to City, Iowa Homeland Security and Emergency Management Division(HSEMD),the Federal Emergency Management Agency(FEMA), the Comptroller General of the United States, and any other agency of state or federal government, or the duly authorized representatives of any of the foregoing, that has provided funding or oversight for the HMGP property acquisition project, for the purpose of making audit, examination, excerpts and/or transcriptions. For purposes of this section, "records"means any and all books, documents, papers and records of any type or nature that are directly pertinent to this Agreement. 4. Government-Mandated Provisions. Because the project activity is funded by the federal government, federal law requires that the City's contracts relating to the project include certain provisions. It is possible that some of the provisions set forth in this Section do not apply to Abstracting Company or the services to be provided hereunder,but the provisions are nonetheless set forth to cause this Contract to comply with federal law. City makes no representation about whether any particular requirement is applicable to this Contract. Parenthetical comments in the following paragraphs are taken from 44 CFR§ 13.36(i). A. Remedies. See Section 6 below. B. Termination for Cause and for Convenience. See Sections 6 and 7 below. C. Abstract Company shall comply with Executive Order 11246 of September 24, 1965, entitled"Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (applies to all construction contracts awarded in excess of$10,000 by grantees and their contractors or subgrantees) D. Abstract Company shall comply with the Copeland"Anti-Kickback"Act (18 U.S.C. 874)as supplemented in Department of Labor regulations (29 CFR Part 3). (applies to all contracts and subcontracts for construction or repair) E. Abstract Company shall comply with the Davis-Bacon Act(40 U.S.C. 276a to 276A-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts in excess of$2,000 awarded by grantees and subgrantees when required by federal grant program legislation,but does not apply to projects paid for with disaster funding) F. Abstract Company shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act(40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts awarded by grantees and subgrantees in excess of$2,000,and in excess of$2,500 for other contracts which involve the employment of mechanics or laborers) G. City's Reporting Regulations and Requirements. See Section 3 above. H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under this Agreement, the Abstract Company is responsible for complying with requirements pertaining to patent rights, as defined by the awarding agency. With respect to any publication, documents, or data that arises or is developed in the course of or under this Agreement, the Abstract Company is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. I. Access to Documents. See Section 3 above. J. Retention of Documents. See Section 3 above. K. Abstract Company shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act(42 U.S.C. 1857(h)), Section 508 of the Clean Water Act(33 U.S.C. 1368),Executive Order 11738, and Environmental Protection 2 Agency regulations(40 CFR Part 15). (applies to contracts, subcontracts, and subgrants of amounts in excess of$100,000) L. Energy Efficiency Standards. Abstract Company shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871). [53 FR 8078, 8087,Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995]. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Agreement, and to the extent not covered by insurance maintained by Abstracting Company, Abstracting Company agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Abstracting Company in providing the services contemplated by this Agreement. 6. Default; Termination for Cause. In the event that Abstract Company defaults in the performance or observance of any covenant, agreement or obligation set forth in this Agreement, and if such default remains uncured for a period of fourteen(14)days after notice thereof shall have been given by City to Abstract.Company(or for a period of twenty-eight(28)days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature,cannot be done or remedied within such 28-day period and thereafter Abstract Company fails to diligently and continuously prosecute the same to completion within such 28-day period), then City may declare that Abstract Company is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity,require Abstract Company to perform its obligations and covenants hereunder,or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Abstract Company which pertain to the project; c. declare a default of this Agreement,make no further disbursements,and demand immediate repayment from Abstract Company of any funds previously disbursed under this Agreement; d. terminate this Agreement by delivery to Abstract Company of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Abstract Company hereunder, including but not limited to the recovery of funds. 3 No delay in enforcing the provisions hereof as to any breach or violation shall impair,damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Abstract Company in a suit or other enforcement action hereunder,Abstract Company agrees to pay the reasonable attorneys' fees and expenses incurred by City. 7. Termination for Convenience. This Agreement may be terminated at any time, in. whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Agreement at any time by delivering to Abstract Company 30-days' advance written notice of intent to terminate. 8. Non-Assignable Duties. Abstract Company may not assign his or her duties hereunder without the prior written consent of City. 9. Independent Contractor. Abstract Company is an independent contractor and is not an employee, servant, agent,partner, or joint venturer of City. Abstract Company has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Abstract Company, but Abstract Company shall determine the legal means by which he or she performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Abstract Company. Neither Abstract Company nor his or her employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Abstract Company shall be solely responsible for compensating his or her employees, if any. 10. Severability. In the event any provision of this Agreement,together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part,the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If,for any reason, a court finds that any provision of this Agreement is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable,then such provision shall be deemed to be written and shall be construed and enforced as so limited. 11. General Terms. This Agreement,together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Agreement may not be modified or amended except pursuant to the mutual written agreement of the parties. This Agreement is binding on the parties and the heirs,personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF,the parties have executed this Contract for Abstracting Services as of the date first set forth above. 4 CITY OF WAILRLOO, IOWA TITLE SERVICES CO RATION By: f r ► Timothy J. Hurl ayor Charles P. Augusti ,Vic President Attest: 5 SERVICE FEE ADDENDUM Activity Title Cost Abstract Update/Continuation(no root certification) $115.00 Date Down or Day of Closing Search Certification $35.00 Preparation of New Abstract or Root Abstract $285.00 * No cost variations will be made due to length of the certification period or number or type of district court or other proceedings, including tax sale proceedings. * The above pricing includes all expenses. Total actual expenses allowed by the project budget, including any renewal extensions of the Contract, shall not exceed $50,000. SECTION III SPECIAL TERMS AND CONDITIONS 3.0 Term of Contract 3.0.1 The initial term of the Contract shall be for twelve (12) months anticipated to be November 1, 2009 to October 31, 2010. 3.0.2 The City and the Contractor may renew the original Contract for six (6) month time periods by mutual agreement. Thirty (30) days notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses allowed by the project budget, including any renewal extensions thereof, shall not exceed $50,000. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "A". If a Proposer intends to request that the City enter into any different agreement form in connection with the award of this Contract, the form must be submitted with the proposal for review by the City's legal counsel during the evaluation of proposals. 3.1.2 Proposers are advised that in the event any such alternate agreement contradicts the City of Waterloo requirements, the proposal may be rejected due to the contradiction unless Proposer indicates deletion of such contradicting clauses or acceptance of the City's form of agreement. 3.1.3 If no agreement form is included with the proposal, no such form will be approved by the City during the evaluation or award processes, or following award of Contract. 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted on a monthly basis and will be paid upon receipt of an original invoice within thirty (30) days and after services are delivered and accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail to: City of Waterloo Planning and Zoning Department, attn: HMGP Structural Acquisition Project, 715 Mulberry Street, Waterloo, IA 50703. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses allowed by the project budget, including any renewal extensions thereof, exceed $50,000. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the City's budget for the HMGP Property Acquisition Project Application is approved, and the City notifies the RFP FOR ABSTRACTING SERVICES—2009 Page 4 of 11 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703. RESOLUTION NO. 2011-333 RESOLUTION APPROVING SECOND AMENDMENT TO CONTRACT WITH TITLE SERVICES CORPORATION AND DIRECTING EXECUTION OF SAID AMENDMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Second Amendment to the original Contract dated November 1, 2009, to provide abstracting services to the City pertaining to the City of Waterloo' s Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, to extend the term of the Contract for an additional period of six (6) months, from May 1, 2011 to October 31, 2011, by and between Title Services Corporation of Waterloo, Iowa 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 Waterloo, Iowa. PASSED AND ADOPTED this 25th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: Ss"-'-. 511/44-'3"e Suzy Sch res, CMCjLi' City Clerk 1.73 //_ '�i; CITY OF WATERLOO , IOWA ovatirii COMMUNITY PLANNING AND DEVELOPMENT ��— ow.4. 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 e'Br)oo \� NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: 04/25/11 BUCK CLARK Prepared: 04/20/11 Dept. Head Signature: # of Attachments: 9 COUNCIL MEMBERS SUBJECT: Request to approve Second Amendment to Contract for Legal DAVID Services dated November 1, 2009 for legal services pertaining to the City of JONES Ward 1 Waterloo's Hazard Mitigation Grant Program to extend the term of the contract for an additional period of six(6)months, from May 1, 2011 to October 31, 2011. CAROLYN COLS Ward 2 Submitted by: Aric Schroeder, City Planner HAROLD Recommended City Council Action:Approve the Second Amendment to Contract, Ward3 and authorize the Mayor and City Clerk to sign said Amendment. Ward 3 QUENTIN Summary Statement: HART Ward 4 Expenditure Required: no additional expenditures required RON WEEPER Source of Funds: Hazard Mitigation Grant Program, grant agreement number Wards HMGP DR-1763-0046 01 BOB GREENWOOD Policy Issue:This Contract provides legal services for properties acquired as part of At-Large the HMGP Property Acquisition Project. The initial term of the Contract was for STEVE twelve (12) months with a provision for extension for additional six(6) month SCHMITT periods by mutual agreement. The First Amendment to the Contract extended the At-Large term of the Contract for a six (6) month period from November 1, 2010 to April 30, 2011. Alternative:There are still legal services required under the grant. The only alternative to extending the term of the Contract would be to re-bid the project. Re- bidding the project would not appear to be needed, as the Attorney was the low bidder and is not requesting any price escalations. Background Information: On 10/12/09 the City Council held a hearing and opened bids for legal services in connection with the Hazard Mitigation Grant Program (HMGP) 1763 Structural Acquisition (Buy Out) program through the Iowa CITY W WEBSITE:WORKING FORerOUia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Homeland Security and Emergency Management Division (HSEMD), and on 10/26/09 the Council awarded the Contract to Clark, Butler, Walsh& Hamann. The initial term of the Contract was for twelve (12) months, from November 1, 2009 to October 31, 2010. The Contract provides that the City and Attorney may renew the original Contract for six (6) month time periods by mutual agreement. It is anticipated that there will be a need for legal services pertaining to the HMGP Property Acquisition Project past the initial and extended term of the Agreement, so the proposed Second Amendment to Contract for Legal Services will extend the term thereof for an additional period of six(6) months, from May 1, 2011 to October 31, 2011. All other terms and conditions of the Agreement shall remain the same. The Attorney has not requested any changes in the prices, scope of work, or the overall maximum contract amount, which is $99,900. Through 04/18/11, the City of Waterloo has paid$55,611.24 under the Contract. cc: Noel Anderson,Community Planning&Development Director Path: K:\USERS\ARICS\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Services\04.20.11 Council Communication Second Amendment to Contract for Legal Services for HMGP Property Acquisition Project.doc SECOND AMENDMENT TO CONTRACT FOR LEGAL SERVICES This Second Amendment to Contract for Legal Services is made as of the latest date set forth below by and between the City of Waterloo, Iowa ("City") and Clark, Butler, Walsh & Hamann("Attorney"). WITNESSETH: WHEREAS,the City and the Attorney have heretofore entered into a certain Contract for Legal Services dated November 1, 2009 (the "Agreement") for the Attorney to provide legal services to the City pertaining to the City of Waterloo's Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and, WHEREAS,pursuant to the Agreement, the initial term of the Agreement was for twelve (12) months, from November 1, 2009 to October 31, 2010 and the first amendment to contract renewed the original Contract for six(6)months, from November 1, 2010 to April 30, 2011; and, WHEREAS, the Agreement provides that the City and Attorney may renew the original Contract for six (6)month time periods by mutual agreement; and, WHEREAS, it is anticipated that there will be a need for legal services pertaining to the HMGP Property Acquisition Project past the amended term of the Agreement. NOW, THEREFORE, the parties hereby amend the Agreement to extend the term thereof for an additional period of six (6) months, from May 1, 2011 to October 31, 2011. All other terms and conditions of the Agreement shall remain in full force and effect, without modification. IN WITNESS WHEREOF, the parties have caused this First Amendment to Contract for Legal Services to be executed by their duly authorized representatives, effective as of the last date stated.below. CITY OF WATERLOO, IOWA CLARK, BUTLER, WALSH& HAMANN By: By: 16t4 { Ernest G. Clark, Mayor Chris Wendland Date: Date: 21 A ((( Attest: Suzy Schares, City Clerk FIRST AMENDMENT TO CONTRACT FOR LEGAL SERVICES This First Amendment to Contract for Legal Services is made as of the date set forth below by and between the City of Waterloo, Iowa ("City") and Clark, Butler, Walsh & Hamann ("Attorney"). WITNESSETH: WHEREAS,the City and the Attorney have heretofore entered into a certain Contract for Legal Services dated November 1, 2009 (the "Agreement") for the Attorney to provide legal services to the City pertaining to the City of Waterloo's Hazard Mitigation Grant Program (HMGP)Property Acquisition Project; and, WHEREAS,pursuant to the Agreement,the initial term of the Agreement was for twelve (12) months, from November 1, 2009 to October 31, 2010; and, WHEREAS, the Agreement provides that the City and Attorney may renew the original Contract for six(6)month time periods by mutual agreement; and, WHEREAS, it is anticipated that there will be a need for legal services pertaining to the HMGP Property Acquisition Project past the initial term of the Agreement. NOW, THEREFORE, the parties hereby amend the Agreement to extend the term thereof for an additional period of six (6)months, from November 1, 2010 to April 30, 2011. All other terms and conditions of the Agreement shall remain in full force and effect, without modification. IN WITNESS WHEREOF, the parties have caused this First Amendment to Contract for Legal Services to be executed by their duly authorized representatives, effective as of the last date stated below. CITY OF W TERLOO, IOWA CLARK, BUTLER, WALSH & HAMANN ge/ By: By: Ernest G. Clar , Mayor Chris Wendland Date: I6/ (doll) Date: 1/21 ii0 Attest:; J` o� Suzy c ares, City Clerk • CONTRACT FOR LEGAL SERVICES This Contract for Legal Services (the"Agreement") is entered into as of November 1, 2009,by and between the City of Waterloo, Iowa("City") and Clark, Butler, Walsh&Hamann ("Attorney"). In consideration of the mutual promises exchanged herein,the parties agree as follows: 1. Services. Attorney agrees to provide the legal services described in the Request for Proposal—Legal Services Hazard Mitigation Grant Program(HMGP) Property Acquisition Project, at the cost set forth in the Service Fee Addendum hereto. If Attorney is an individual member of a law firm organized as a partnership, corporation, or limited liability company,then this Agreement is intended to bind both the individual Attorney and his or her law firm. Attorney will be paid separately for each transaction. Attorney's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within thirty(30) days after receipt of an original invoice and after such services are delivered and accepted. 2. Contract Documents. The following documents (collectively,the"Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response (Proposal)from the Successful Bidder In the event of conflict between the provisions of the Contract Documents and this Agreement, the provisions of this Agreement shall prevail. 3. Reporting; Records. Attorney shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project,including but not limited to the closing of specific transactions. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Attorney shall maintain all project records for a minimum period of three(3)years after the date of final payment for services rendered under this Agreement. During the term of this Agreement and for the ensuing record-retention period, Attorney shall make any or all project records available upon reasonable request, and in any event within two (2)business days of request,to City, Iowa Homeland Security and Emergency Management Division(HSEMD),the Federal Emergency Management Agency(FEMA),the Comptroller General of the United States, and any other agency of state or federal government, or the duly authorized representatives of any of the foregoing, that has provided funding or oversight for the HMGP property acquisition project,for the purpose of making audit, examination, excerpts and/or transcriptions. For purposes of this section, "records"means any and all books,documents,papers and records of any type or nature that are directly pertinent to this Agreement. 4. Government-Mandated Provisions. Because the project activity is funded by the federal government, federal law requires that the City's contracts relating to the project include certain provisions. It is possible that some of the provisions set forth in this Section do not apply to Attorney or the services to be provided hereunder, but the provisions are nonetheless set forth to cause this Contract to comply with federal law. City makes no representation about whether any particular requirement is applicable to this Contract. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i). A. Remedies. See Section 6 below. B. Termination for Cause and for Convenience. See Sections 6 and 7 below. C. Attorney shall comply with Executive Order 11246 of September 24, 1965, entitled"Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (applies to all construction contracts awarded in excess of$10,000 by grantees and their contractors or subgrantees) D. Attorney shall comply with the Copeland "Anti-Kickback" Act(18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (applies to all contracts and subcontracts for construction or repair) E. Attorney shall comply with the Davis-Bacon Act(40 U.S.C. 276a to 276A-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts in excess of$2,000 awarded by grantees and subgrantees when required by federal grant program legislation, but does not apply to projects paid for with disaster funding) F. Attorney shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts awarded by grantees and subgrantees in excess of$2,000, and in excess of$2,500 for other contracts which involve the employment of mechanics or laborers) G. City's Reporting Regulations and Requirements. See Section 3 above. H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under this Agreement, the Attorney is responsible for complying with requirements pertaining to patent rights, as defined by the awarding agency. With respect to any publication, documents, or data that arises or is developed in the course of or under this Agreement, the Attorney is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. I. Access to Documents. See Section 3 above. J. Retention of Documents. See Section 3 above. 2 K. Attorney shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act(42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368),Executive Order 11738, and Environmental Protection Agency regulations(40 CFR Part 15). (applies to contracts, subcontracts, and subgrants of amounts in excess of$100,000) L. Energy Efficiency Standards. Attorney shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act(Pub. L. 94-163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995]. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Agreement, and to the extent not covered by insurance maintained by Attorney,Attorney agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Attorney in providing the services contemplated by this Agreement. 6. Default; Termination for Cause. In the event that Attorney defaults in the performance or observance of any covenant, agreement or obligation set forth in this Agreement, and if such default remains uncured for a period of fourteen(14) days after notice thereof shall have been given by City to Attorney(or for a period of twenty-eight(28)days after such notice if such default is curable but requires acts to be done or conditions to be remedied which,by their nature, cannot be done or remedied within such 28-day period and thereafter Attorney fails to diligently and continuously prosecute the same to completion within such 28-day period),then City may declare that Attorney is in default hereunder and may take any one or more of the following steps,at its option: a. by mandamus or other suit, action or proceeding at law or in equity,require Attorney to perform its obligations and covenants hereunder,or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Attorney which pertain to the project; c. declare a default of this Agreement,make no further disbursements, and demand immediate repayment from Attorney of any funds previously disbursed under this Agreement; d. terminate this Agreement by delivery to Attorney of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Attorney hereunder, including but not limited to the recovery of funds. 3 No delay in enforcing the provisions hereof as to any breach or violation shall impair,damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Attorney in a suit or other enforcement action hereunder,Attorney agrees to pay the reasonable attorneys' fees and expenses incurred by City. 7. Termination for Convenience. This Agreement may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Agreement at any time by delivering to Attorney 30-days' advance written notice of intent to terminate. 8. Non-Assignable Duties. Attorney may not assign his or her duties hereunder without the prior written consent of City. 9. Independent Contractor. Attorney is an independent contractor and is not an employee, servant, agent,partner, or joint venturer of City. Attorney has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Attorney,but Attorney shall determine the legal means by which he or she performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Attorney. Neither Attorney nor his or her employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Attorney shall be solely responsible for compensating his or her employees, if any. 10. Severability. In the event any provision of this Agreement, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part,the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If,for any reason, a court finds that any provision of this Agreement is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable,then such provision shall be deemed to be written and shall be construed and enforced as so limited. 11. General Terms. This Agreement,together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Agreement may not be modified or amended except pursuant to the mutual written agreement of the parties. This Agreement is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Legal Services as of the date first set forth above. 4 CITY OF WATERLOO,IOWA CLARIK, BUTLER,WALSH&HAMANN By: By: �(%t,ta LUL1-�t.�,,t.{,, .. Timothy J. u y,Mayor Chris Wendland Attest: G ,{ f 1�,ij Deputy City Clerk 5 SERVICE FEE ADDENDUM 1. Fixed-cost items a. Preliminary title opinion $130 b. Final title opinion $30 c. Title Guaranty certificate $50 d. Deed $65 (if an acquisition requires more than one deed, each additional deed is $40) Declaration of value $5 Groundwater hazard statement $5 e. Release of lien,judgment, or mortgage, or receipt and satisfaction of judgment(other than a support judgment) $60 f. Receipt and satisfaction of support judgment requiring court approval $90 g. Affidavit of surviving spouse $75 h. Closing activities, including but not limited to preparation of Form HUD-1,handling closing, disbursing funds, issuing 1099s, and filing documents $300 i. Overnight delivery charge(e.g., mortgage payoff) $25 2. Hourly rate for other services Chris Wendland,partner and supervising attorney $115/hour Jared Knapp, associate $115/hour Emily Bartekoske, associate $115/hour Alicia Janssen, legal assistant $60/hour Total actual expenses allowed by the project budget,including any renewal extensions of the Contract, shall not exceed $99,900. SECTION III SPECIAL TERMS AND CONDITIONS 4 3.0 Term of Contract //�► 3.0.1 The initial term of the Contract shall be for twelve (12) months anticipated to be November 1, 2009 to October 31, 2010. 3.0.2 The City and the Contractor may renew the original Contract for six (6) month time periods by mutual agreement. Thirty (30) days notice must be given to renew the Contract for additional increments. 3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the document that authorizes the Contract to begin, assuming the insurance requirements have been met. Each section contained herein, any addenda and the response (Proposal) from the successful bidder shall also be incorporated by reference into the resulting Contract. 3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually decided to renew beyond the initial period and the Contractor requests a price increase, the Contractor shall provide documentation on the requested increase. The City reserves the right to accept or reject price increases, to negotiate more favorable terms, or to terminate (or allow to expire) without cost, the future performance of the Contract. 3.0.5 The total actual expenses allowed by the project budget, including any renewal extensions thereof, shall not exceed $99,900. 3.1 Agreement Forms 3.1.1 After award, the Proposer will be required to enter into a written contract with the City that is substantially in the form attached hereto as Exhibit "A". If a Proposer intends to request that the City enter into any different agreement form in connection with the award of this Contract, the form must be submitted with the proposal for review by the City's legal counsel during the evaluation of proposals. 3.1.2 Proposers are advised that in the event any such alternate agreement contradicts the City of Waterloo requirements, the proposal may be rejected due to the contradiction unless Proposer indicates deletion of such contradicting clauses or acceptance of the City's form of agreement. 3.1.3 If no agreement form is included with the proposal, no such form will be approved by the City during the evaluation or award processes, or following award of Contract. 3.2 Terms of Payment 3.2.1 Services authorized under this Contract shall be submitted on a monthly basis and will be paid upon receipt of an original invoice within thirty (30) days and after services are delivered and accepted. 3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding all services provided and allowable expenses incurred. 3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed upon via US mail to: City of Waterloo Planning and Zoning Department, attn: HMGP Structural Acquisition Project, 715 Mulberry Street, Waterloo, IA 50703. 3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if the total actual expenses allowed by the project budget, including any renewal extensions thereof, exceed $99,900. The Contractor is not obligated to continue performance of services under this Agreement or otherwise incur costs in excess of the total actual expense allowed unless an amendment to the City's budget for the HMGP Property Acquisition Project Application is approved, and the City notifies the Contractor, in a written amendment, of the City's acceptance of the revised total actual RFP FOR LEGAL SERVICES—2009 Page 4 of 12 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703. RESOLUTION NO. 2011-334 RESOLUTION APPROVING SECOND AMENDMENT TO CONTRACT WITH CLARK, BUTLER, WALSH & HAMANN AND DIRECTING EXECUTION OF SAID AMENDMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Second Amendment to the original Contract dated November 1, 2009, to provide legal services to the City pertaining to the City of Waterloo' s Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, to extend the term of the Contract for an additional period of six (6) months, from May 1, 2011 to October 31, 2011, by and between Clark, Butler, Walsh & Hamann of Waterloo, Iowa 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 Waterloo, Iowa. PASSED AND ADOPTED this 25th day of April, 2011 . -7:444e , b Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cl rk • , T CITY OF WATERLOO , iOWA Oki_ ,,_ Aa COMMUNITY PLANNING AND DEVELOPMENT ,,,...� N,,,,,r, :t • �Ja" Wco,Iowa 50703 ti733 • 1 cr r t�r �a(319 91-42G2 IC10 i )P'...C.ANDE 1..SON,Common,} &u rw;f,',t t ,.' arzs . CITY OF WATERLOO Council Communication .(t City Council Meeting:April 25, 2011 K Prepared:April 20, 2011 f Dept.Head Signature: 7G '�/` afct + - L-, i I i #of Attachments: `f NI EMBERS SUBJECT:Acceptance of 318 W. 12th Street, through Iowa Code 657A. i Submitted by: Noel Anderson Recommended City Council Action:We would ask that the City Council adopt a resolution to accept I. the\' the property at 318 W. 12`s Street, and authorize the Mayor and City Clerk to sign and fully execute any necessary documents needed for this acquisition. Summary Statement:The property currently contains a vacant dwelling that has been deemed dangerous and unsafe.Attached is a court order under 657A, granting the City of Waterloo title to property located at 318 W. 12th Street. This particular property cannot be reasonably rehabilitated therefore; the property will be demolished immediately. After the demolition, the property would be available for sale to the adjacent ro e p p rty owners such as Campbell Supply or interested parties for a reasonable cost with the execution of development agreement. The size of the lot is 140'x 60' or 8,400 sq.ft. Expenditure Required:There is no cost associated with the acquisition of the property other than the cost of filing for 657A with the Courts. However,asbestos removal and demolition may reach$6,000 to �CI7,000 dollars. Source of Funds:N/A t Policy Issue: Dilapidated Housing Alternative:N/A Legal Description: Original Plat Waterloo West Lot 10 Block 42 Background Information:The City of Waterloo has been working to address the state of disrepair of the property through out the city using Iowa Legislation (657A) that allows cities to take possession of dilapidated and abandoned homes. Cc:Aric Schroeder,City Planner Rudy Jones,Community Development Director Louis Starks,Contract Compliance Officer Dave Zellhoefer,Assistant City Attorney ( TIY WEBSITE: www.ci.w<ttcrtoo.i WE'RE WORKING FOR YOUi s • IwATER:00 in Eque!OmaortwnitylANMativeA it F,rr,plo,or P wry CITY OF WATERLOO ,v IOWA CITY ATTORNEYS OFFICE +,,,•—T.—""yam 715 Mulberry St. • Wetertoa, to 50703 (3i9) 291-4327 Fax (318}291-4571 °le'rl oo \° JAMES E.WALSH,JR.,City Attorney • DAVID R ZELLHOEFER,Assistant City Attorney j 1 iiI BUCKNS' Cr May des `._.� Y, '� i'a ��' V` v::,, CLARK Apri15, 2011 ' �. 2`:: COUNCIL MEMBERS ,4,. 4 Rt O° DAVID JONES Chris Western Ward 1 Planning and Zoning CAROLYN City Hall COLE Waterloo, IA 50703 Ward 2 HAROLD Re: City of Waterloo vs. Jolanta Bankowska GETTY No. EQCV113925 Ward 3 318 W. 12th Street, Waterloo, Iowa QUEN N M. HART Dear Chris: Ward 4 RON Enclosed is an Order transferring title of the above property to the City of WELPER Waterloo. Also please have this put on the City Council Agenda so the City of Ward 5 Waterloo can accept the property. BOB Sincerely, GREENWOOD At-Large STEVE SCH IM' avid R. Zellhoefer At-Large Assistant City Attorney DRZ:lc Enclosure C: file i I I CITY WEBSITE:www.cityofivaterlooiowa.com WE'RE WORKING FOR YOU! An Equal opportunity/Afitmative Action Employer IN THE IOWA DISTRICT COURT FOR BLACK HAWK COUNTY 1011 fa -5 il10: 16 CITY OF WATERLOO, IOWA, ) 42 6005327 '" 7 `{ry 1 • Petitioner, ) No. EQCV113925 ) vs. ) ORDER JOLANTA BANKOWSKA; ) ) Respondent. ) NOW on this 5th day of April, 2011, this matter comes before the Court as scheduled for hearing. Present is David R. Zellhoefer representing the Petitioner, City of Waterloo, Iowa. No other attorneys appear. The Court notes that proof of service on the Respondent has been shown. The Petition and Original Notice were posted on the property located at 318 W. 12th Street by the Black Hawk County Sheriff's Office on September 14, 2010. Notice by certified mail was obtained on Respondent, Jolanta Bankowska, as shown by Proof of Service filed with this Court September 20, 2010. This Petition was filed September 10, 2010. It alleges that the property located at 318 W. 12th Street in Waterloo, Iowa, and legally described as: Lot 10, Block 42, Original Plat, Waterloo West, Black Hawk County, in Waterloo, Iowa; is an abandoned, vacant and dilapidated building within the meaning of Iowa Code Section 657A.l0A(3). Testimony was taken from City of Waterloo Code Enforcement Officer Barry Stratton and photographs were admitted into evidence showing the condition of 318 W. 12th Street as of the date of the hearing. The Court notes that the City filed its Application for Hearing Date on November 12, 2010. The Respondent has been given almost five months to either repair the building or tear down the building. No repairs have been made to the building, no permits have been taken for its demolition or further repairs, and the building stands as it was at the time of the filing of the Petition. THE COURT MAKES THE FOLLOWING FINDINGS OF FACT: 1. That 318 W. 12th Street is a residence located in Waterloo, Iowa. There are no utilities or water being provided to the property. The property is unoccupied and has been vacant for a number of years. It does not meet the City's housing code for being fit for human habitation Printable Map Output Page 1 of 1 Black Hawk Coun Parcel Ma. Parcel ID: 8913-25-333-007 Deed Holder: JOLANTA BANKOWSKA Parcel Address: 318 W 12TH ST, WATERLOO, IA 50702 .. '` , �Bsa„a i fir' • - t,y -. aelecua a.rcaiam "-I-- ~ti f ' 4 _ !- Magmt MNal Ptroba ' a-,' .. $- almwt Black Rewk C -,-. - i � y. p °'"w 1 y,4i XJr° : - •', X> TawnaalPs 'F. .% - s F a O n Parte,a '_t''' 2 -- '3 S i ar „ { is awru P { , $ �/ Uroa e'er _ raname aim - �=s .7g'� _ k.�- y,3^ 3 ,om roaaalm I .s t. :r . 1• Y+, ..- 1.2., "' .' ...mmama_ � _. - •_ co,. � L ` *- . is- I v • ft �aR r,Pnnam�s.c ittcl1s9x.----- wm . 0�`81f Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, aterloo,Iowa 50703 4774 he Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 information required for local government purposes.See the recorded documents for more E-mail:auditor.co.black-haw us.ora etailed legal information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 4/20/2011 • Black Hawk County Property Photos Page 1 of 1 There is 1 photo of parcel 891325333007. :Fltgl . . • i ,T k - e. w .., dr. -,;- ri1 r 0---4- ...---2-rod.c"-- - _ _ , ispr F'' .. . . ; i- I 1 ' . _ A mo$ St IS ang‘471iiiii -- t i nor r rrir � 1�� 0 � , r . tl http://www2.co.black-hawk.ia.us/website/bhmap/bhParlmages.asp?apn=891325 3 3 3 007&a... 4/20/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-25-333-007 JOLANTA BANKOWSKA JOLANTA BANKOWSKA 750 OAKLAND AV#202 PDF No. Map Area Contract Buyer OAKLAND, CA 94611-0000 4 CWTLO-09 Property Address Current Recorded Transfer 318 W 12TH ST Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50702-1125 8/17/2010 8/19/2010 2011 003186 D SALES BUILDING PERMIT Date Amount NUTC /Type Date Number Amount Reason 8/1 7/201 0 1,125 SHERIFF OR TAX SALE / Deed 5/13/2003 WA 0413 9,319 Ext-Remodel 2/27/198515,000 TRANSFER TO/BY 8/21/2002 WA 1652 15,240 Roof ADMINISTRATOR, GUARDIAN CONSERVATOR, REFEREE, TRUSTEE, ETC. /Contract ASSESSED VALUES/CREDITS Year Class 2011 Proposed Values Subject to Board of Review Action R 100% Land Dwelling Building M/E Total Acres Value 4,880 56,220 0 0 61,100 0 Taxable Land Dwelling Building M/E Total Value 4,880 56,220 0 0 61,100 Year Class 2010 R 100% Land _Dwelling Building M/E Total Acres Value 5,220 57,050 0 0 62,270 0 Taxable Land Dwelling _Building M/E Total Value 2,533 27,686 0 0 30,219 Year Class 2009 R 100% Land Dwelling Building M/E Total Acres Value 5,220 57,050 0 0 62,270 0 Taxable Land Dwelling Building WE Total Value 2,449 26,762 0 0 29,211 Year Class 2008 R 100% Land Dwelling Building M/E Total Acres Value 5,220 57,050 0 0 62,270 0 Military Homestead Disabled Property Tax Agricultural Family Farm Credits Exemption Credit Veteran Credit Relief Credit Credit Credit Y Taxable Land Dwelling Building M/E Total Value 2,380 26,009 0 0 28,389 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325333007 4/20/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 TAX INFORMATION ASSESSMENT YEAR 2009 PAYABLE 2010/2011 Tax 941041 -WATERLOO RIVERFRONT UR TIF District Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 62,270 29,211 0 42.76081 $1,249.09 $1,250.00 Nocorp 0 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL 'ORIGINAL PLAT WATERLOO WEST LOT 10 BLK 42 I LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front 140 140 • 60 60 0 8400 0.193 Foot Totals: 8400 0.193 DWELLING CHARACTERISTICS Type Style Single-Family /Owner Occupied 1 Story Frame Year Built Area Heat AC Attic 1897 942 Yes No 1/4 Finished Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 6 0 3 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring Stn Carp /Vinyl Exterior Walls Interior Finish Alum Plas Roof Asph /Gable Non-Base Floor/Wall Pipeless Handfired Space Heaters Heating 0 Plumbingil Full Bath ' Style Area Porch 1S Frame Enclosed 36 1S Frame Enclosed 160 1S Frame Open 20 YARD EXTRAS Description Year Built Quantity Plot No. Extended Description FR GAR 12X18 1920 1 Quantity= 1, Units=Each, Height= 0 Sheds 1900 1 72 SF, Frame, Average Pricing http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn-891325333007 4/20/2011 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703. RESOLUTION NO. 2011-335 RESOLUTION ACCEPTING AND APPROVING ACQUISITION OF PROPERTY GENERALLY LOCATED AT 318 WEST 12TH STREET IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Iowa Code Section 657A. 10A allows cities to petition the courts for possession of vacant and dilapidated homes, of which no one will take responsibility for its condition, and WHEREAS, the hereinafter described parcel contains a vacant dwelling that has been deemed dangerous and unsafe and does not meet the City of Waterloo' s Housing Code, and WHEREAS, it is the intention of the City of Waterloo to demolish the dangerous building immediately, and WHEREAS, after said demolition, the City of Waterloo will be able to offer the property to the adjacent property owners or interested parties for a reasonable cost, and WHEREAS, the Iowa District Court for Black Hawk County found that proper Notice of Intent to Take Default against several parties was properly mailed, and WHEREAS, the Iowa District Court for Black Hawk County found: 1 . That 318 West 12th Street, legally described as follows : Lot 10, Block 42, Original Plat, Waterloo West, Black Hawk County, in Waterloo, Iowa; is a residence located in Waterloo, Black Hawk County, Iowa. There are no utilities being provided to the property. The property is unoccupied and has been vacant for a number of years. The property does not meet the City' s Housing Code for being fit for human habitation or occupancy. The building has been exposed to the elements for many years, which has made it deteriorate substantially. 2 . That because of the findings of fact made by the Iowa District Court of Black Hawk County, it was determined that the property is an abandoned building pursuant to Section 657A. 10A. WHEREAS, the Iowa District Court of Black Hawk County ordered, adjudged and decreed that the above described property is an abandoned property pursuant to Section 657A. 10A and awarded title of said property to the City of Waterloo, and Resolution No. 2011-335 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the above described property is accepted and approved for the purposes as described in Section 657A. 10A. PASSED AND ADOPTED this 25th day of April, 2011 . Aeazleic.17egg7 Ernest G. Clark, Mayor ATTEST: LC Suzy Sc ares, CMC City Clerk CITY OF WATERLOO , IOWA j 41.154 t CITY CLERK AND FINANCE DEPARTMENT /Z T m 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 drPrlpo \p� SUZY SCHARES • CiryClerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: April 25, 2011 MEMBERS Prepared: April 21, 2011 - Dept. Head Signature: DAVID Number of Attachments: One JONES Ward I CAROLYN SUBJECT: Audit Services for the Fiscal Years COLE Ending June 30, 2011 and 2012 Ward 2 HAROLD Submitted by: Michelle Weidner, Chief Financial Officer GETTY Ward 3 Recommended City Council Action: I recommend that a resolution be QUENTINM. adopted to renew the audit contract with McGladrey & Pullen, LLP for the fiscal HART years ending June 30, 2011 and 2012 at a base fee of $81,000 for FYE2011 and Ward4 $83,000 for FYE2012 with fees for any required additional federal programs or services as outlined in the attached schedule. RON WELPER Summary Statement: McGladrey has completed our audit for the past three years. The McGladrey firm has committed resources to developing a BOB governmental practice. The city has benefited from that experience and GREENWOOD knowledge. McGladrey routinely assists a number of clients in maintaining the At-Large GFOA Certificate of Achievement for Excellence in Financial Reporting. The City STEVE of Waterloo has received this award for the past six years. We anticipate SCHMITT continuing to file reports that satisfy those requirements. At-Large Expenditure Required: Base fee - $81,000 for FYE2011; $83,000 for FYE2012 Source of Funds: Various operating funds Policy Issue: None Alternative: Background Information: CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An.Equal Opportunity/Affirmative Action Employer - - This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703. RESOLUTION NO. 2011-336 RESOLUTION APPROVING RENEWAL OF CONTRACT WITH MCGLADREY & PULLEN, LLP. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the renewal of the contract dated April 25, 2011, to provide audit services for the fiscal years ending June 30, 2011 and June 30, 2012 at a base fee of $81, 000 . 00 for FYE2011 and $83, 000 . 00 for FYE2012, by and between McGladrey & Pullen, LLP of Waterloo, Iowa, and the City of Waterloo, Iowa, be and the same is hereby approved. PASSED AND ADOPTED this 25th day of April, 2011 . Zg44- 0,1 Ernest G. Clark, Mayor ATTEST: 4S: - Suzy Scha es, CMC City Cler CITY OF WATERLOO 1-6,Council Communication ` J�I11,14 �f City Council Meeting:April 25, 2011 Prepa 18 20 Dept. in 1 Dept. Head Signature: # of Attachments: SUBJECT: Request the City Council adopt resolutions to preliminarily approve the request for the bid document and specifications for one (1) Current model year trailer mounted Crack-Sealer unit with Heated Wand and to instruct the City Clerk to publish notice of hearing on bid document, specifications etc, as M.axeh 7, 2011 M a`1 `1 Submitted by: Mark Rice, Central Garage Superintendent Recommended City Council Action: Approve Summary Statement: The Finance Committee at their April 25, 2011 meeting approved the request for authorization to seek bids. Expenditure Required: Est$45,000 Source of Funds: GO Bond Proceeds Policy Issue: NA Alternative: NA Background Information: Request Council adopt resolutions to set date of hearing for the purpose of purchasing one (1) Trailer mounted Crack Sealer unit with Heated Wand. This request is in line with the overall equipment replacement plan and is budgeted. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703. RESOLUTION NO. 2011-337 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PURCHASE OF ONE (1) CURRENT MODEL YEAR TRAILER MOUNTED CRACK SEALER UNIT WITH HEATED WAND. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Superintendent of Central Garage of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the purchase of one (1) Current Model Year Trailer Mounted Crack Sealer Unit with Heated Wand, in the City of Waterloo, Iowa, and WHEREAS, said Superintendent of Central Garage did file said specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the purchase of one (1) Current Model Year Trailer Mounted Crack Sealer Unit with Heated Wand. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the purchase of one (1) Current Model Year Trailer Mounted Crack Sealer Unit with Heated Wand, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 25th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: Y Sc s CMC City Cl rk This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703 . RESOLUTION NO. 2011-338 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE PURCHASE OF ONE (1) CURRENT MODEL YEAR TRAILER MOUNTED CRACK SEALER UNIT WITH HEATED WAND, IN THE CITY OF WATERLOO AS MAY 9, 2011, AT 5 : 30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS : Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5: 30 p.m. on the 9th day of May, 2011, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract, etc. , in conjunction with the purchase of one (1) Current Model Year Trailer Mounted Crack Sealer Unit with Heated Wand, in the City of Waterloo, with the taking of bids therefore. Section 2 . 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 25th day of April, 2011 . Ernest G. Clark, Mayor ATTEST: Q47tre , CMC Cityk CITY OF WATERLOO Council Communication City Council Meeting: April 25t, 2011 Prepared:April 19th, 2011 Dept. Head Signature: Eric Thorson, City Engineer # of Attachments: SUBJECT: F.Y. 2008 Donald Street Trail City Contract No. 700 STP-E-8155(678)-8V-07 Change Order No. 2 $5,877.18 Decrease Vieth Construction Corportation Submitted by: Jeff Bales,Associate Engineer Recommended City Council Action: It is recommended that Change Order No. 2 be approved and authorize the Mayor to sign said document. Summary Statement: Transmitted herewith is Change Order No. 2 (Increase/Decrease) in the total amount of a $5,877.18 decrease. This is the accumulated amount of adjustments from the original to final quantities that were determined necessary during the construction of the project. Expenditure Required N/A Source of Funds Federal STP and General Obligation Bond Match Policy Issue N/A Alternative N/A Background Information: Cc: Vieth Construction Corporation Michelle Weidner, CFO Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting:January 18, 2011 Prepared:January 11, 2011 Dept. Head Signature: PH # of Attachments: SUBJECT: REQUEST TO CONFIRM LEISURE SERVICES COMMISSION ACTION TO DENY USE OF WASHINGTON PARK AS SITE FOR THE MARTIN LUTHER KING PEACE WALK Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Requesting City Council to vote to confirm Leisure Services Commission action related to a request to develop the Martin Luther King Peace Walk in Washington Park. Summary Statement: On January 11, 2011 the Waterloo Leisure Services Commission entertained a motion to approve Washington Park as the official site of the MLK Peace Walk Project. That motion failed on a 3-2 vote. City Council Action on this issue is requested to confirm this denial of the Washington Park site in order to allow appropriate planning to proceed for the Peace Walk Project at another location. Expenditure Required: NA Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: The issue of whether or not to allow construction of the MLK Peace Walk at Washington Park has been discussed for an extended period of time. There has been a City Council work session and several presentations at Leisure Services Commission meetings on this subject by the MLK Peace Walk Committee. Closure on this issue is needed in order for the project to proceed. IOWA DEPARTMENT OF ,RA CUJJ1LLRAL State Historical Society of Iowa Iowa Arts Council Mary Cownie, Director Terre E.Branstad, Governor Kim Reynolds,Lt. Governor April 19, 2011 Mason Fromm, Chair, Cedar Valley Civil Rights Peace Walk Committee Dear Mason, At the Department of Cultural Affairs, we have reviewed the plans for the Martin Luther King, Jr. Memorial Peace Walk project in Waterloo. DCA does support the project moving forward at the current proposed location, Washington Park. I believe the Peace Walk would create a positive impact on the Cedar Valley Community, and I hope you will keep me posted on the progress the Committee is making. Best rega >,s, Mary T. f o Director, Department of Cultural Affairs State of Iowa 600 E.Locust Street Des Moines,IA 50319-0290 P:(515)281-5111 F:(515)242-6498 mvw.culturalaffairs.org Page l of 1 SUZY SCHARES From: Carolyn Cole [Carolyn.Cole©vgm.corn] Sent: Monday, April 25, 2011 7:45 AM To: MAYOR CLARK; SUZY SCHARES Subject: FW: Please help keep the MLK walk out of Washington Park. Thank you Kind regards.----Bob For the record. From: Robert F. McCusker [mailto:rfmccusker@mchsi.corn] Sent: Sunday, April 24, 2011 3:59 PM To: Carolyn Cole Subject: Please help keep the MLK walk out of Washington Park. Thank you Kind regards.--Bob Robert F. McCusker McCusker& McCusker 2314 West 7th St. Waterloo, IA 50703 319-235-9979 Fax 319-235-9979 http://robertmccusker.blogs.com/mccusker_commentary/ http://robertmccusker.blogs.com/break free the making of / 4/25/2011 Page 1 of 1 SUZY SCHARES From: MICHELLE WESTPHAL Sent: Monday, April 25, 2011 10:59 AM To: SUZY SCHARES Cc: MAYOR CLARK; COUNCIL MEMBERS Subject: COMMENT FOR THE RECORD Hi Suzy. Ms. Opal Hanna, 1117 Lantern Square, stopped in to voice her strong opposition to the MLK Park being placed in Washington Park. She felt Lincoln Park would be a better site. Michelle Michelle Westphal Executive Secretary to the Mayor City of Waterloo, Iowa 715 Mulberry Street Waterloo, IA 50703 (319) 291-4301 4/25/2011 SUZY SCHARES To: ghart@mchsi.com Subject: RE: Partnerships Original Message From: ghart@mchsi.com [mailto:ghart@mchsi.com] Sent: Monday, April 25, 2011 3:13 PM To: SUZY SCHARES Subject: Fwd: Partnerships Place on file. Quentin From: Norris, Gary [mailto:norrisg@waterloo.k12.ia.us] Sent: Monday, April 25, 2011 2:19 PM To: Quentin Hart; ronwelper Subject: Partnerships Honorable Waterloo City Council, I have been an active member of the "Peacewalk" Committee for the past two years. During that time, I have invested at least 80 hours personally in this project. Why? Because it right for the students and the teachers of the Waterloo Community School District, and in my opinion, is right for the Waterloo Community, as well. After three years in your community, I am now Waterloo through and through. I live, eat, sleep, and breathe Waterloo. Waterloo is a good community that is positioning itself for greatness. Because of that, it is so important that we make decisions designed to move our community forward in the next few years. It is also important that we work together in ways that we never have in the past. I am 100% COMMITTED to a long-lasting partnership with the City of Waterloo. In that partnership, we will: 1. Dramatically increase the number of new homes in our area, near the new Orange School. 2. Share numerous services in a bold and dramatic fashion, beginning with the television station, to save precious tax dollars. 3. Work with our police department to reduce the number of gang-related, school- related, community-related episodes—by sharing vital information between the appropriate agencies. 4. Teach all persons in Waterloo, beginning with our students, the value of 1 handling disagreement in a non-violent manner—as was espoused by the late Rev. Dr. Martin Luther King, Jr. It is for that reason, that I plead with you to remove any barriers to the "Peacewalk" being placed at Washington Park. I'm sure that you understand the value of getting the best bang for our student field-trip dollar and the time constraints of students missing too much school for field-based learning. We all should be able to appreciate the synergy possible in the Grout Museum district for students and the wisdom of having the "Peacewalk" near these locations: • The Grout Museum of History and Science • The Sullivan Brothers Iowa Veterans Museum • The Bluedorn Science Imaginarium The Martin Luther King Peacewalk on the grounds of Washington Park. The Snowden House • Rensselaer Russell House Museum I have personally researched and visited all of the potential sites that our committee and our team of experts have reviewed. I concur with their recommendations. I am only sorry that I cannot be there in person this evening to share my thoughts with you personally. Our Board of Education meeting begins at 6:00 PM. Please work with our committee to keep this grand memorial in Waterloo (at Washington Park) and not let it go out of town to an alternative site. I am representing myself and my beliefs as your Superintendent. The Waterloo Community Schools Board of Education has not taken an official position on this matter. Sincerely yours, Gary Dr. Gary W. Norris, Superintendent Dr. Gary W. 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