Loading...
HomeMy WebLinkAbout05/09/2011 AMENDED THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, MAY 9, 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. FaciIitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tern) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three(3)minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one(1)time per item for a maximum of three(3)minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council(may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Ron Welper, Ward 5 Council Member. May 9, 2011 Page 2 Agenda, as proposed or amended. Minutes of May 2, 2011, Regular Session, as proposed. Proclamation declaring Saturday, May 14, 2011 as Letter Carrier Food Drive Day. 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 ABATE of Iowa District 16 to hold Motorcycle Awareness Ride to be held on Saturday, May 14, 2011 from 11:00 a.m. to 12:00 p.m., with the route to start at Black Hawk County Courthouse, travel through Evansdale, Waterloo and Cedar Falls and end at Silver Eagle Harley-Davidson. Submitted by Daniel J. Trelka, Director of Safety Services 3. Request of Lou Porter to hold KBBG-FM 35th Annual Parade on August 20, 2011 with lineup to start at 8:00 a.m. and parade to end at approximately 11:50 p.m., parade route will start at East 4th and Donald Streets, then travel south on East 4th Street, then east onto Newell Street and end at KBBG radio station on the corner of Mobile and Newell Streets. Submitted by Daniel J. Trelka, Director of Safety Services 4. Request of Cool 105.7 Radio to hold the 4th Street Cruise on May 28, 2011 from 12:00 p.m. to 4:00 p.m. with cars from the east side traveling from Mulberry Street across the river on Fourth Street to Bluff Street and returning on Park Avenue back to Mulberry Street; cars from the West side will travel from Bluff Street across the river on Fourth Street to Mulberry Street and will return to Bluff Street on Fifth Street. Submitted by Daniel J. Trelka, Director of Safety Services 5. Request of Rev. David Van Netten of Grace Reformed Church for a variance to the Noise Ordinance on June 12, 2011 and August 14, 2011 from 8:00 a.m. to 1:00 p.m. in conjunction with Sunday in the Park event that will be held at Galloway Park, including PA system and live DJ, together with recommendation of approval of Director of Safety Services. 6. Resolution approving the cancellation of assessment for 935 Steely Street in the amount of$176.89; and authorizing City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by Suzy Schares, City Clerk May 9, 2011 Page 3 b. Motion to approve the following: Travel Requests Name & Title of Amount not Class/Meeting Destination Date(s) Personnel to Exceed 1. Darren and Nicole Travel to Waterloo, May 3-4, $328.00 Smith, Exhibition Waterloo to view Iowa from 2011 Lenders exhibition, attend Chicago, recognition dinner Illinois and present a gallery talk Class C Beer License Permit Application 2. Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/12) (Includes Sunday Sales) Class C Liquor License Permit Application 3. Legends, 2122 Kimball Avenue (Renewal) (Expires 3/27/12) (Includes Sunday Sales) 4. Golden China Restaurant, 2046 E. Ridgeway Avenue (Renewal) (Expires 5/4/12) (Includes Sunday Sales) 5. A J's Eatery & Spirits (Renewal) (Expires 4/21/12) (Includes Sunday Sales) 6. Olive Garden, 1315 E. San Marnan Drive (Renewal) (Expires 5/28/12) (Includes Sunday Sales) 7. El Patron Family Mexican Restaurant, 301 E. 4th Street (New) (Expires 4/15/12) (Includes Sunday Sales & Brew Pub) Class E Liquor License Permit Application 8. Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/12) (Includes Sunday Sales) Class B Wine License Permit Application 9. Kwik Stop, 4335 Texas Street (Renewal) (Expires 4/30/12) (Includes Sunday Sales) Fireworks Display Application 10. Waterloo Bucks Baseball, 850 Park Rd. on June 4, July 9, July 16, and August 13, 2011. 11. Bonds May 9, 2011 Page 4 PUBLIC HEARINGS 2. One 11) Current Model Year Trailer Mounted Crack-Sealer Unit with Heated Wand 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 Central Garage for review. Submitted by Mark Rice, Superintendent of Central Garage 3. Rezone approximately 1.63 acres of land Iocated at the former Lafayette Elementary site at 2265 Lafayette Street from "R-3"Multiple Residence District to "R-1, R-P"Planned Residence District to allow for future one and two family development. 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. Motion to receive,file, consider and pass for the first time an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 419 to Section 2A-5, Rezoning Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning& Development Director 4. Rezone approximately 7.40 acres of land located at the Edison Elementary site at 740 Magnolia Parkway, Iocated 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 to allow for future one and two family development. 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. Motion to receive,file, consider and pass for the first time an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 420 to Section 2A-5, Rezoning Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning& Development Director May 9, 2011 Page 5 5. Request of D & Jlnvestments 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. Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning& Development Director 6. Development Agreement with OFI Properties, LLC for the sale and conveyance for $1.00 approximately 2.48 acres of city-owned property generally located on GT Drive in the Northeast Industrial Park, for the purpose of construction of a new 17,500 sq. foot industrial building. Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Resolution approving said development agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning& Development Director RESOLUTIONS 7. Resolution approving change to the City of Waterloo Multi-Hazard Emergency Operations/Management Plan, dated June 2006. Submitted by Mark Rice, Public Works Director 8. Resolution approving request to piggyback from current open bid and Purchase One (1) 2012 Tandem Axel Dump Truck with snow plow and brine tank in the amount of$131,884.00. Submitted by Mark Rice, Public Works Director 9. Resolution approving First Amendment to Contract for Library Boiler Replacement with WBC Mechanical Services of Waterloo, Iowa; and authorize Mayor and City Clerk to execute said document. Submitted by Craig Clark, Building Official/Maintenance Administrator 10. Resolution approving Completion of Project, Recommendation of Acceptance of Work and Release of Retainage for work performed by WBC Mechanical Services of Waterloo, Iowa at a total cost of$116,466.00 in conjunction with Library Boiler Replacement Project; and authorize Mayor to execute said document. Submitted by Craig Clark, Building Official/Maintenance Administrator May 9, 2011 Page 6 11. Resolution approving request of Russell Lamson LP for an encroachment agreement and consent agreement to allow for a number of existing encroachments including light fixtures, entrance canopies, loading docks, window mounted air conditioners, etc. that encroach onto public right-of- way at 209 West 5th Street; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 12. Resolution approving Amendment No. 1 to Housing Enterprise Zone Program Agreement with Iowa Department of Economic Development and Midtown Development LLC to change rehabilitation of Black's Building on the Park Avenue end for 7 apartments within Enterprise Zone boundaries; and authorize Mayor to execute said document. Submitted by Aric Schroeder, City Planner 13. Resolution approving Acceptance of Purchase Offer for 108 Castlewood Lane, Mixed Bag Properties, LLC. in the amount of$2,052.00 as part of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 14. Resolution approving 1 year lease agreement with Willard Frost in the amount of$4,167.60 to farm approximately 45.3 acres of land located in and near the Northeast Industrial Park; and authorize May and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning& Development Director 15. Resolution approving Six Month Automobile Lease Agreement with C & S Car Company for School Resource Officer Program at no cost to the City; and authorize Mayor and City Clerk to execute said document. Submitted by Daniel J. Trelka, Director of Safety Services 16. Resolution approving submission of grant application with United States Department of Justice Community Oriented Policing Services for a 2011 Child Sexual Predator Program grant in an amount not to exceed $500,000.00. Submitted by Daniel J. Trelka, Director of Safety Services 17. Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources for storm water discharges associated with F.Y. 2011 Waterloo Public Works Facility, Contract No. 810; and authorize Mayor to execute said document. Submitted by Eric Thorson, P.E., City Engineer May 9, 2011 Page 7 18. Resolution approving acceptance of bid and award of contract to Crescent Electric of Waterloo, Iowa in the amount of$25,458.96 in conjunction with Purchase of Traffic Mast Arm Poles, Williston at Baltimore & Williston at West 9th Street. Submitted by Sandie Greco, Traffic Operations Superintendent 19. Resolution approving acceptance of bid and award of contract to Traffic Control Technologies of Ankeny, Iowa in the amount of$40,917.00 in conjunction with Purchase of Traffic Signal Equipment, Williston at Baltimore & WiIliston at West 9th Street. Submitted by Sandie Greco, Traffic Operations Superintendent 20. Resolution setting date of hearing as May 23, 2011 to approve amendments to FYE2011 Budget; and authorize City Clerk to publish notice of same. Submitted by Michelle Weidner, Chief Financial Officer 21. Resolution setting date of hearing as May 23, 2011 to approve the reallocation of$1,100,000.00 of Series 2010A (BASS) bond funds from the sanitary sewer treatment facility improvements to be applied for the purpose of paying costs of other sanitary sewer conveyance facilities and improvements; and authorize City Clerk to publish notice of same. Submitted by Michelle Weidner, Chief Financial Officer 22. Resolution to fvc date of hearing as May 23, 2011 on the issuance of not to exceed $7,677,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay 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 treatment plant effluent disinfection and other waste management facilities and improvements; the acquisition of vehicles and equipment for the Police, Fire Rescue and Street Departments; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks, including sports facilities and boating center improvements, and the acquisition of off-road maintenance equipment; the acquisition, improvement and installation of traffic control devices, signage,fixtures and equipment, including but not limited to traffic signal, traffic safety and street light improvements; and the acquisition, equipping and improving of the automated GIS/GPS mapping system; and authorize City Clerk to publish notice of same. Submitted by Michelle Weidner, Chief Financial Officer May 9, 2011 Page 8 23. Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $1,819,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of 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 Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area and the Martin Road Urban Renewal Area, including costs associated with the downtown development plan, demolition costs, and the acquisition of properties and clearance and preparation of the same for public and private redevelopment; and authorize City Clerk to publish notice of same. Submitted by Michelle Weidner, Chief Financial Officer 24. Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $672,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the reconstruction, renovation and improvement of the Five Sullivan Brothers Center, Downtown Parking Garages, Riverfront Stadium, Young Arena, the Center for the Arts, Youth Pavilion and the Public Market Facility; and the funding of City website development costs, and shall bear interest at a rate not exceeding the maximum specified in the attached notice; and authorize City Clerk to publish notice of same. Submitted by Michelle Weidner, Chief Financial Officer 25. Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $687,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition and replacement of vehicles, capital equipment, office equipment,financial software upgrades and computer replacements for various City departments, operations and buildings, and shall bear interest at a rate not exceeding the maximum specified in the attached notice; and authorize City Clerk to publish notice of same. Submitted by Michelle Weidner, Chief Financial Officer 26. Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $645,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the reconstruction, remodeling, improvement, equipping and repairing of various City buildings and facilities, including Police Training Center and Station improvements, Public Library and ADA compliance improvements; swimming pool renovations; the improvement of City golf courses and the acquisition of related off-road maintenance equipment, and shall bear interest at a rate not exceeding the maximum specified in the attached notice; and authorize City Clerk to publish notice of same. Submitted by Michelle Weidner, Chief Financial Officer May 9, 2011 Page 9 27. Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $3,900,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of refunding and refinancing of certain outstanding City indebtedness, consisting of the General Obligation Bonds, Series 2004A, dated June 30, 2004; and authorize City Clerk to publish notice of same. Submitted by Michelle Weidner, Chief Financial Officer 28. Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $2,600,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of refunding and refinancing of certain outstanding City indebtedness, consisting of the General Obligation Bonds, Taxable Series 2004B, dated June 30, 2004; and authorize City Clerk to publish notice of same. Submitted by Michelle Weidner, Chief Financial Officer 29. Resolution to fix date of hearing as May 23, 2011 on the issuance of Sewer Revenue Refunding Bonds to the amount of not to exceed $3,200,000, as authorized by Sections 384.82 and 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and authorize City Clerk to publish notice of same. Submitted by Michelle Weidner, Chief Financial Officer 30. Resolution to fix date of hearing as May 23, 2011 on the issuance of Sewer Revenue Refunding Bonds to the amount of not to exceed $5,200,000, as authorized by Sections 384.82 and 384.83, of the City Code of Iowa,for the purpose of providing funds to pay costs thereof; and authorize City Clerk to publish notice of same. Submitted by Michelle Weidner, Chief Financial Officer 31. Resolution approving the cancellation of Tuesday, July 5, 2011 City Council meeting due to the Fourth of July Holiday. 32. Resolution declaring a moratorium for a period of 180 days for new ADDED alcohol-related drinking and retail establishments (including transfers) in the Broadway, East 4th Street, Church Row, and Logan Avenue proposed overlay districts. May 9, 2011 Page 10 ORDINANCES 33. Parking Fine Rate Increase Motion to receive,file, consider and pass for the first time an Ordinance Repealing Section 335, Parking Fines, of the 2008 Traffic Code; And Enacting In Lieu Thereof a New Section 335, Parking Fines Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Suzy Schares, City Clerk OTHER COUNCIL BUSINESS 34. Sullivan Park Play Structure Motion to instruct Leisure Services Director to prepare plans, specifications,form of contract, etc. Motion to receive and file plans, specifications,form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as May 23, 2011 and instruct City Clerk to publish notice of plans, specifications,form of contract, etc. and the taking of bids. Submitted by Rick Curran, Facilities Manager 35. 2011 Waterloo Forestry Building Upgrades Motion to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as May 23, 2011 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. and the taking of bids. Submitted by Rick Curran, Facilities Manager 36. Purchase of Portable Water Pump for Live Fire Training Motion to instruct Fire Chief to prepare specifications, bid document, etc. Motion to receive and file specifications, bid document, etc. Resolution preliminarily approving specifications, bid document, etc. Resolution setting date of hearing and bid opening as June 13, 2011 and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Submitted by Pat Treloar, Fire Chief May 9, 2011 Page 11 ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, May 9, 2011 4:20 p.m. - Council Work Session, Council Chambers 4:50 p.m. - Public Works Committee, Council Chambers 4:55 p.m. - Building and Grounds Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Civil Service Commission meeting minutes of April 7, 2011 on file in the City Clerk's office. 2. Waterloo Regional Airport Board meeting minutes of March 22, 2011 on file in the City Clerk's office. 3. Black Hawk County Criminal Justice Information System Board of Directors meeting minutes of April 6, 2011 on file in the City Clerk's office. 4. Consolidated Public Safety Communication Center Board meeting minutes of April 6, 2011 on file in the City Clerk's office. 5. Black Hawk County 911 Service Board meeting minutes of April 6, 2011 on file in the City Clerk's office. 6. Communication from Traffic Operations Superintendent, transmitting retirement of Richard Westphal, effective April 22, 2011, together with recommendation of approval of payout of$16,571.77 for unused vacation, sick leave and comp time. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2010 Sixth Street Storm Pump Station Improvements, Contract No. 716 Pay estimate No. 8 to Story Construction in the total amount due of$120,412.50 May 9, 2011 Page 12 2. F.Y. 2010 River Renaissance Trail- 6th to 18th Street, Contract No. 761 Pay estimate No. 17 to Peterson Contractors in the total amount due of$3,029.55 3. F.Y. 2010 Riverfront Renaissance Lower Plaza, Contract No. 763 Pay estimate No. 16 to Peterson Contractors in the total amount due of$26,031.10 4. F.Y. 2010 Street Reconstruction Program, Contract No. 772 Pay estimate No. 17 to Aspro in the total amount due of$78,434.61 5. F.Y. 2010 Downtown Waufiinding Signage, Contract No. 783 Pay estimate No. 1 to JDE Engineering in the total amount due of$5,700.00 6. F.Y. 2011 River Renaissance North Downtown Trail, Contract No. 786 Pay estimate No. 2 to Vieth Construction in the total amount due of$26,362.50 7. F.Y. 2011 Street Reconstruction Program, Contract No. 798 Pay estimate No. 1 to Aspro in the total amount due of$67,047.82 8. F.Y. 2011 MidPort Boulevard Extension-Phase 1f, Contract No. 802 Pay estimate No. 2 to AECOM in the total amount due of$13,901.85 9. F.Y. 2011 Sidewalk Repair Program-Zone 1 and Trail Repairs, Contract No. 804 Pay estimate No. 1 to Mike Dolan Concrete & Masonry in the total amount due of $18,449.86 Page 1 of 1 CAROL FAILOR )14 4' ^ * y1 From: ARIC SCHROEDER �(1/L Sent: Friday, May 13, 2011 3:31 PM To: CAROL FAILOR Cc: SUZY SCHARES; NOEL ANDERSON; Chris Wendland Subject: Recording of Moratorium Resolution Carol, I spoke with Chris Wendland, he noted that we would probably not be required to record the moratorium resolution, but that we would probably be better off if we did. It would help put landowners"on notice", and if someone did acquire property in these areas, and abstract update should pick up this recording and give them fair warning that there are additional restrictions for alcohol sales uses. Thanks, AR1C A SCHROEDER City Planner City of Waterloo Community Planning and Development 715 Mulberry Street Waterloo, IA 50703 Phone: (319)291-4366 Fax: (319)291-4262 www.ci.waterloo.ia.us 5/16/2011 W'LOO OF TY AD GE E COURIER CLERK'SIOFFICE 1350208 NUMBER P 1 of 10 715 MULBERRY BILL DATE SALESPERSON WATERLOO, IA 50703 319-291-4323 05/24/11 kitta START DATE STOP DATE 05/24/11 05/24/11 AD NUMBER AD DESCRIPTION CLASS LINES 1350208 MAY 9TH MTG AND BILLS 0950 LEGAL NOTICE 1223 Publication Insertions Rate Net Amount Gross Amount 3 WATERLOO/CEDAR FALLS COURIER- 1 LEGAL $530.78 TOTAL AD CHARGE $530.78 Purchase Order 5-9 mtg and bills PAY THIS AMOUNT $530.78 $530.78 COURIER COMMUNICATIONS 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 Check# ❑Credit Card Ad Number 1350208 COURIER COMMUNICATIONS � 1 a��; c/o LEE NEWSPAPERS ❑ 1 l ❑ IM Billing Date 05/24/11 PO BOX 540 WATERLOO IA 50704-0540 Acct#: Amount Due $ 530.78 Exp.Date: Amount Name on credit card Enclosed $ Signature Please make checks payable to: COURIER COMMUNICATIONS 000445 COURIER COMMUNICATIONS 17i- W'LOO CITY OF do LEE NEWSPAPERS CLERK'S OFFICE PO BOX 742548 715 MULBERRY CINCINNATI OH 45274-2548 WATERLOO, IA 50703 Jill ill ullIllIlII111I1I11I III IllI1I11I11II11I11I11ll 11/1/11111 2178030000001350208000000000000000530780000053078L STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1350208 MAY 9TH MTG AND BILLS notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 05/24/2011, in the issues of 05/24/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice . Printer' s Bill $530 . 78 c.-111\,St c40-4AA31.-- Signed Subscribed and sworn to before me this '" c(;n day of , aCnl • nisi ts SUE �titf .rv' J COMI411Se n ' ? s6 i aE) r ru °' 11 , of ry Public -mw IES. ILE Received of lIST 'RVL sve- the sum of Dollars ,S PPL in full for publication of the above invoice. MDSE , EQUIP Notary Seal : Amended Council Agenda Items Council Meeting Monday, May 9, 2011 FlurrAM Changed because a 3-stall garage is not being constructed on the property, it is in fact a new commercial building addition and parking lot expansion 5. 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 plus costs for the purpose of a new commercial building addition and parking lot expansion. Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning& Development Director May 2, 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, May 2, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Moment of Silence. Pledge of Allegiance: St. Edward's School 6th Grade Students. 136380 - Hart/Schmitt that the Agenda, as amended by amending item #16, for the Regular Session on Monday, May 2, 2011, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Six. Absent: Greenwood. Motion carried. 136381 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 25, 2011, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Six. Absent: Greenwood. Motion carried. Mayor Clark performed a Swearing-In of the following Police Officers: Jamey L. Cox, Marc D. Moore, Troy J. Wilson and Kyle T. Jurgensen Mayor Clark recognized May Team Member of the Month - Ella Ellis. CONSENT AGENDA 136382 - 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. 1-65, dated May 2, 2011, in the amount of $1,368, 409.39, 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. 2011-339. 2. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees- Submitted by Dennis Clark, General Manager of Waterloo Water Works: Address Amount to certify 415 Thompson Avenue $1, 955.00 204 Baltimore Street $450.00 209 Shilliam Avenue $1, 600.00 2126 West 3`d Street $1, 550.00 2132 West 3`d Street $3, 450.00 Resolution adopted and upon approval by Mayor assigned No. 2011-340. b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date (s) to Exceed 1. Investigator Joe Critical Des Moines, May 9- $343.04 Saunders Infrastructure Iowa 11, 2011 & Key Resource Protection Assistance Program training 2. Bob Osgood, Continuing Waterloo, April $120.00 Chief Plumbing Education - Iowa 16, 2011 Inspector Plumbing Code 6 ' May 2, 2011 Page 3 Roll call vote-Ayes: Six. Absent: Greenwood. Motion carried. PUBLIC HEARINGS 136383 - Schmitt/Hart that proof of publication of notice of public hearing on Rehabilitation of Apron Phase 3A at Waterloo Regional Airport, as published in the Waterloo Courier on April 21, 2011, be received and placed on file: Voice vote-Ayes: Six. Absent: Greenwood. Motion carried. 136384 - This being the time and place •of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Hart that the hearing be closed. Voice vote-Ayes: Six. Absent: Greenwood. Motion carried. 136385 - Schmitt/Hart that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with Rehabilitation of Apron Phase 3A at Waterloo Regional Airport", be adopted. Roll call vote-Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-341. 136386 - Schmitt/Hart that "Resolution ordering construction in conjunction with Rehabilitation of Apron Phase 3A at Waterloo Regional Airport", be adopted. Roll call vote-Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-342. 136387 - Schmitt/Hart to receive, file and instruct City Clerk to open and read bids and refer to Airport Director for review: Bidder Bid Bid Amount Bond Allied Manatts Group LLC • PO Box 687 5% $296, 934.00 Charles City, Iowa 50616-0687 Cedar Valley Corporation 2637 Wagner Road 5% $375,202.45 PO Box 1740 Waterloo, Iowa 50704 K Cunningham Construction, Co. , Inc. 1025 Center Street 5% $333, 659.50 Cedar Falls, Iowa 50613 Peterson Contractors Inc. Box A 5% $317, 096.25 Reinbeck, Iowa 50669-0155 Wicks Construction Inc. 2201 State Hwy 9 5% $334, 885.15 PO Box 428 Decorah, Iowa 52101-0428 Voice vote-Ayes: Six. Absent: Greenwood. Motion carried. 136388 - Getty/Hart that proof of publication of notice of public hearing on F.Y. 2011 MidPort Boulevard Extension - Phase II, Contract No. 802, as published in the Waterloo Courier on April 21, 2011, be received and placed on file. Voice vote-Ayes: Six. Absent: Greenwood. Motion carried. 136389 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed. Voice vote-Ayes: Six. Absent: Greenwood. Motion carried. •. v1 May 2, 2011 Page 5 136397 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Welper that the hearing be closed. Voice vote-Ayes: Six. Absent: Greenwood. Motion carried. 136398 - Schmitt/Welper that "Resolution instituting proceedings to take additional action and approve said reallocation of up to $100,000.00 of General Obligation Bonds, Series 2006A and Series 2007A to pay the costs for the clearance, upgrading and improvement of the RiverLoop Expo Grounds; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote-Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-346. RESOLUTIONS 136399 - Cole/Hart that "Resolution approving Request to Release of Real Estate Mortgage for Loren F. Steimel and Ruth M. Steimel of 10542 Kimball Avenue for payment of Promissory Note in conjunction with the Kimball South Rural Water Main Project; and authorize Mayor to execute said document-Submitted by Dennis Clark, General Manager of Waterloo Water Works", be adopted. Roll call vote-Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-347. 136400 - Cole/Hart that "Resolution approving Request to Release of Real Estate Mortgage for Marsau Farms, Ltd. of 8321 Hammond Avenue for payment of Promissory Note in conjunction with the Kimball South Rural Water Main Project; and authorize Mayor to execute said document-Submitted by Dennis Clark, General Manager of Waterloo Water Works", be adopted. Roll call vote-Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-348. 136401 - Cole/Hart that "Resolution approving engaging of Berens-Tate Consulting Group to complete required arbitrage testing for the general obligation bonds issued in 2006 in an amount not to exceed $3, 500.00-Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote-Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-349. 136402 - Hart/Schmitt that "Resolution approving the use of up to $275, 000.00 of Rath Urban Renewal Area Tax Increment Financing funds for the construction of a rail spur for Secor Investments, LLC generally located in the Rath Urban Renewal Area-Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote-Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-350. 136403 - Hart/Schmitt that "Resolution approving the use of up to $100, 000.00 of Downtown Tax Increment Financing funds for the acquisition of q property generally located in the Downtown Urban Renewal Area-Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote-Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-351. 136404 - Hart/Schmitt that "Resolution approving Bonds and Certificates of Insurance with Kelly Demolition, LLC of Mount Vernon, Iowa 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-Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote-Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-352. May 2, 2011 Page 7 136412 - Cole/Hart that "Resolution approving Contract for the Disaster Recovery Equipment Reimbursement Assistance Program for Midtown Development at 501 Sycamore Street, in the amount of $59, 309.00; and authorize Mayor to execute said document- Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote-Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-360. 136413 - Cole/Hart that "Resolution setting date of hearing as May 23, 2011 to approve proposed repairs in conjunction with the Sidewalk Inspection and Repair Program - Zone 1; and approve request to send out notification to property owners of proposed sidewalk repairs and estimate of costs-Submitted by W. Wayne Castle, PLS, EI, Associate Engineer; and instruct City Clerk to publish notice of hearing", be adopted. Roll call vote-Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-361. 136414 - Cole/Hart that "Resolution setting date of hearing as June 6, 2011 for the acquisition or condemnation of agricultural property required for the West Shaulis Road/Ansborough Avenue Reconstruction Project; and rescinding Resolution No. 2011-308 in its entirety-Submitted by Aric Schroeder, City Planner; and instruct City Clerk to publish notice of hearing", be adopted. Roll call vote-Ayes: Six. Absent: Greenwood. Resolution adopted and upon approval by Mayor assigned No. 2011-362. ORDINANCES 136415 - Welper/Schmitt that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (7) Fifth Street (W) of Section 549, Loading Zones; and enacting in lieu thereof a new Subsection (7) Fifth Street (W) to Section 549, Loading Zones (installation of 5 Minute Loading Zone Between Signs in the 1100 block of W. 5th Street at Irving School)", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Absent: Greenwood. Motion carried. 136416 - Welper/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Six. Absent: Greenwood. Motion carried. Mr. Schmitt noted that this is a public safety issue so he will be voting to pass it on all three readings tonight. 136417 - Welper/Hart that "an Ordinance amending the 2008 Traffic Code by repealing Subsection (7) Fifth Street (W) of Section 549, Loading Zones; and enacting in lieu thereof a new Subsection (7) Fifth Street (W) to Section 549, Loading Zones (installation of 5 Minute Loading Zone Between Signs in the 1100 block of W. 5th Street at Irving School)", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Six. Absent: Greenwood. Ordinance adopted and upon approval by Mayor assigned No. 5044. OTHER COUNCIL BUSINESS 136418 - Schmitt/Hart that 2011-2015 Resource Enhancement and Protection Plan, be received and placed on file. Voice vote-Ayes: Six. Absent: Greenwood. Motion carried. Paul Huting, Leisure Services Director, explained that this is a plan that has been developed by the Black Hawk County Reap Commission. 136419 - Schmitt/Welper to instruct Leisure Services Director to prepare plans, specifications, bid document, etc. in conjunction with Purchase of 2011 Track Loader and spuog76Z 077 ixey s,ATTo0'8Z uoT;eoTTddy asuamt7 ssauTsng a.TH z02 eToTgaA •oui 'sa;eToossy 9 MHy ;o uoszed Aaz33ar'LZ uoT;eoTTddy asueot7 szaTeau spoog pueH puooag Peod )(zed 0S8 's)(ong ooTza42M•9Z ;aaz;s P,£ •M LIE ' 'dzo0 SaoTnzaS odxg ooTza;eM'SZ ;aaz;S ATeuoU '3 OZ8 'dogs 3To0 )(zed sa4e0'6Z eAT.xQ 0TdulATO 009T 'gnTO Az;uno0 apTsAuung agy'£Z peog sTTRe'1S '3 SZZZ ' 'ouI ')(.zedza32M PueTSI ;sori'ZZ anuany AeMabptg •M 0S8T 'za;ua0 3To0 TTY'TZ uoT;eoTlddy eazy aoTnzas zoop4n0 (saTeS Aepuns sapnTouI) (ZT/T£/S saztdx3) (TeMauag) anuany uebo7 890Z '9658# Aoeiuzegd/SA070Z (sales Aepuns • sapnTouI) (ZI/TE/S sazTdx3) (TeMauag) anuany eTuzeW OEOE 'zauTQ £9 AMH76T uoT;eoTTddy ;Tmzad asuaot7 euTM g sseTO (saTeS Aepuns sapnTouI) (TT/S/TT 04 IT/S/S-asuaoTT g;uom 9) (MaN) peog )(zed 0S8 's)(ong oolza4eM•8T uot;eoTlddy ;Tmaad asuaot7 auTM/zaag 0 sseTO leToedS (sales Aepuns sapnTouI) (ZT/TE/S sazTdxg) (TeMauag) anuany uebo7 890Z '9658# A0e11zegd/SAO'LT uoT;eotTddy ;Tmzad asueoT7 zonbt7 3 sseTO (sales Aepuns sapnTouI) (TT/IE/ZI sazTdxg) (MaN) ;aaz;S 'M LIE ' 'dzo0 saoTnzas odxg oolzageM•9T (sales Aepuns sapnTouI) (ZT/TE/S saztdx3) (TPMauag) anueny atuzeW 0£0£ 'zauTQ £9 AMH'ST (saTeS Aepuns sapnTouI) (ZT/OT/S saztdx3) (TeMauag) ;aazgS pTeuot •3 OZ8 'dogs 3To0 )(zed sa4e0'6T (ZI/EZ/S seaTdx3) (leMauag) peog )(zed STE 'asnoH AzopoTH'ET uoT;eoTTddy ;Tmzad esuaoT7 zonbT7 0 sseTO (sales Aepuns sapnTouI) (ZT/ET/6 sazTdxg) (TeMeueg) anTIQ oTd1 To 0091 'oPTO Az4uno0 eptsAuuns agy•ZT not;eaTTddy ;tuizad asuaot7 zonbt7 y sseTO (saTeS Aepuns sapnTouI) (ZT/TE/S sazTdxg) (TeMeuag) anus uebo7 890Z '9 'S8# Aoeozegd/SA3'TT uoT;eDTlddy ;Tmzad asuaOT7 aeeE 0 sseTO (saTeS Aepuns sapnTouI) (TT/I/TT o; TT/I/S -asuaoTT g;uoo 9) (MaN) peog sTlnegS '3 SZZZ ' 'our 'xzedza;eM puelsi 4so7'OT (saTeS Aepuns sapnlouI) (ZT/SI/6 sazTdxg) (IeMeuag) anuany AeMabpT21 'M 0S8T 'za;ua0 3100 ITV '6 uoT;eoTTddy ;Tuizad asuaoT7 zaag g sseTO zo;oazTQ s)(zoM oTTgnd 'aat2I )(zeW Aq Pa33TmgnS-TTOZ '9T AeW eAT4oa33a 'I zo4ez9d0 ;uamdtnb3 ;o uoT;Tsod eg; o; 4suz3 etggau ;o ;uam;utodde ;o uoT;epueunuooag •8 zo;aa'TQ s)(zof otlgnd 'aoTg )(zeW Aq Pa33TmgnS-TTOZ '91 AeW anT;oa;;a 'I zo;ezed0 ;uaodtnb3 ;o not;Trod egg o; zadeed ;;oos ;o ;uaui;uTodde ;o uoT;epuauxooag •L zeeutbu3 A;TO ' •3•d 'uoszogy oTzg Aq pa;;Togns-mexa ;ueuAoTdme-azd e butpuad TTOZ '9T AeW enT;oa;;a 'uetoTugoey buTzaauTbug ;o not;tsod egg. o; za)(eg TatueU ;o ;uam;uTodde ;o uoT;epuauuooag •9 ;uapua;uTzedns SaoTnzaS ;uaoabeueN a;se4 'g;Tucs •N1 Azzeri Aq pe;;Tugng -mexa ;ueux oTdma-azd e buTpuad TTOZ '6 AeW ant;ma;;a 'zo;ezad0 za;eM a;seM ;o not;Tsod eg; o; abptzquTea 02Ty ;o ;uam;uTodde ;o uoT;epue uumoag •s gbnedeTng utze❑ TTOZ eMol Toogos Ieor33O eq s.TO 007OL6$ '0T AeW ';zopua;;ag zazomzy xooTO TaeTPTW zaOT330 saoTnaQ mese Azetpuaoul uMegs aeoT;30 TTOZ 'SZ sesue)(zy pens :zagosleol 00'T66$ -6Z AeW 'u0Taew coma ;zodsuezy ueTzg ;ueabzas •£ Z abed ITOZ 'Z AeW 'patzzeo uot;oW •pooMuaa1O :;uasgj •xts eOTOA •aTT3 uo PG0sid pue peATaoaz eq 'ITO? '8Z TTadv uo aaTano0 ooTza;aM eq; uT pagsTTgnd se 'spunoz0 odxg dooZzaATr eq; 3o ;uemaAozdmt pue butpezbdn 19011e1e9TO eq; zo3 s;soo aq; Aed 0; KLOOZ seizes pue V900Z seizes 'spuog uoTgebTTQO Tezaua0 3o 00'000 '00i$ o; do 3o uot;eooiieag uo butzeaq otTgnd 3o eot;ou 3o not;eo-Tgnd 3o 3oozd ;eq; zadTeM/;;TURPS - 96£9£1 'S6£-TTOZ 'oN paubtsse zoAeW Aq Tenozdde uodn pup pe;dope uot;niosag •pooMueaaO j :;uasgy •x-rs :saAV-a;oA TTeo TTog •pa;dope eq '„;ueutnoop pees a;noexe o; xzaTO A;TO pue zoAeW eztaoq;ne pup tquamaazbe GSPOT £UTA0zdde uOt;nTosej . ;eq; zadTeM/4z2H - S6£9£T •patzzeo uot;oN •pooMuaeas :;uesgy •xts :seAJ-e;oA aotoA 'pasoTo eq butzeaq aq; ;aq; 44Twg0S/1-zeH •euou azaM azaq; pup suot;oeCgo Tezo pup ua;;txM zo3 pairs° zoAeW eq; 'butaeaq otTgnd 3o aoeTd pue amt; eq; buTaq srt{y - 176£9£T •patzzeo uoT;oH •pooMuaazg :;uesgy •xts :saAV-a;oA aotoA •aTT3 uo peoeid pue paATaoaz eq 'TTOZ '8Z TTadv uo zatzno0 ooTza;eM eq; UT petTstTgnd se 'xzed Teta;snpui ;seaq;zoN aq; 30 ;saM pue 'poogzogqbtaN s;gbTeH McTA A;tO eq; 3o ;sea 'antzp •zf 'butx zaq;nq uT;zeW 3o epts q;z0u au; buoTe pa;aooT pueT 3o sazoe 6 ATaq.emTxoadde map; o; 0A'SS8$ 30 ;unome aq; uT xoo0 TaagatW q;tM ;uamaazbv asap,' zeax b uo butzeaq otTgnd 3o pot;ou 3o not;eoTTgnd 3o 3oozd ;eq; 34tmg0S/4aeH - £6£9£T •patzzeo not;oW •pooMuaaiO :;uesgy 'xTs :seI -e;OA aoT0A £T9OS eMoI 'sTTe3 zEPaO 99'9ZS'OT6S %S anTap oTpzoN Oi69 uoT;eaodzo0 not;Dna;suo0 q;etA £b9OS eMOI 'uospnH 9b'Z£Z'60£S %S Lty x08 Od uot;ona;suo0 ;zogNoT4S SST0-6990S aMOI 'xoequte LO'88£'8Z£S %S xog -Du' szo;oea;uo0 uosaa;ad £T90S eMOI 'sTTe3 zepe b9'LLS'LZ£$ %S ;eei;g ae;ue0 SZOT -Dui "op not;Dnz;suo0 megbutuun0 N BOLOS aMOI 'ooTza;eM 68'000 '9S£$ $S O1LT X061 Od peog zaubaM LE9Z u0t;ezodao0 AeTTeA zepe LL90S eMoI 'ATzaneM 8£'S£8 '66£$ $S LLZ X08 Od anuaAv /amaze •g £0ZZ bUT;eAeox3 9 e;ezouo0 aexeg ;unouiy Pt8 PTE za PP.T B :Metnaz zo3 zaautbug A;TO 0; zajaz pup sptq peace pus uado o; xzaTO A;TO ;onz;sut pue aTT3 'eATeoaz o; ;zeH/A;;aO - Z6£9£1 'bD£-TTOZ 'oN paubtsse zoAeW Aq Tenozdde uodn pue pe;dope not;nTosag •pooMueazg :;uesgq •xTS :sei -e;oA TIRO TT02I 'pe;dope eq '„Zoe oN ;oaz;uo0 'II asagd - uotsua;xg pzeAe nog ;aOdPTN TIOZ 'A'3 q;TM uot;ounCuoo uT uot;Dnz;suoo butzapzo uoT;nTosag„ ;eq; 4zaH/A4ge9 - T6£9£T '£b£-TTOZ 'oN paubtsse zoAeW Aq Tenozdde uodn pup pe;dopy not;nTosag •pooMuaeao :;uesgy •xts :saAy-a;oA TTeo TTog •pa;dopa eq '„Z08 'oN ;oaz;uo0 'II esegd - uotsua;xg pzeAainog 4a0dptW TTOZ 'A'd q;TM not;ounCuoo uT •o;e '4Daz;u0o 30 utzo3 'suoT4s0T3toeds 'suwTd 3o Tanozdde butmzt3uoo uot;nTosag„ ;eq; 4zeH/A44e0 - 06£9£1 6 abed TTOZ 'Z APR w� v '6SE-TTOZ 'oN paubTsse aoApw Aq Tenoaddp uodn pup pandopp uoTgnTosag •saPTTop xe; buTsn papun3 buTaq ;ou sT uagT sTug pe;ou 'sogoatTQ 5eZTAJeS eJusTeg 'buTgnH Trued •pooMuaaaD :quasgy •xTS :seAy-e;oA Tie° TTog 'pa;dope eq '„aabeuew seT4TTT°P3 saoTAaag aansTaq 'upaanD xoTg Aq pannTwgns-quawnoop pTes a;n°axe o; aoAew azTaou;ne pue :00'000'0£$ Paaoxa o; you gunowe UP uT aspud gnp pTTng 4eNJeN °TTgnd ooTaageM gqTM uoTgouncuoo uT seoTAsas Tean;oagTuoae ao3 PMOI 'OoTaageM 3o s;oagTuosy uoTsTAuI ugTM quawaaabe buTAoadde uoTgnTosag„ ;pun 3aeH/ai0D - IT69ET '8SE-TTOZ 'ON paubTsse aoAPW Aq TPAoaddp uodn pup pandopp uoTgnTosag •pooMuaaaD :guasgy •xTs :saAy-anon TTpo 'Tog •pagdope aq '„a03PansTuTwpy eouPuanuT? /T?T0T33O buTPTTng 'Na2TD bTPap Aq pagnTwgnS-;uawn°op pTes agnoaxa o; aoAew azTaou;ne pue :00'00S$ Paaoxa on you s;so° uoTgona;suoo Tengoe au; 30 gueoaad L TpuoT4Tpp? pup snTd 00'0S0 'Ti$ Paaoxa on. 3ou qunowp up uT 9 pup 6 'E 'T •soN suoTge;g aaT3 qp quawa°pTdaa agaa°uoo ao3 ?MOI 'ooTaageM 30 •ou1 'dnoaE sTenw?S auy g;TM quawaaaby e0TA1eg TPu0TSSOgOld buTAoadde uoTgnTosag„ gpgq A4480/41ees - O169E1 'LSE-IIOZ 'oN paubTsse aoApw Aq TeAoadde uodn pup pa;dope uoT;nToseg •pooMueaag :quesgy •xTS :saAy-anon TTP° TTog •pagdope eq '„aaeuTbug AgTj ;ue;sTssy ' •g•d 'zguag sTuua( Aq pannTwgng-;uewnoop pTes agnoaxa on aoAeyy ezTaounne Pup :6EL 'oN ;o2aquo0 'sgaaATnO ugTM quawa°pTdag sabpTag Peog xoog bTg 600Z 'A'3 gqTM uoTn°uncuo° uT saoanosag Tean;?N 3o quawgapdag PMoI au; og Z gTwJed Tesauao aapun a5€1?A00 S3QdN woa3 uoT;enuTnuoosTg 3o aoTgoN buTAoadd8 uoTgniosag„ Tem. A44eS/4aeH - 6069E1 '9SE-TTOZ •oN paubTsse soAew Aq TeAoadde uodn pup pagdope uoTgniosag pooMuee1 :quesgy •xTS :seAv-agoA TTP° TTog pagdope an. '„soq°aaTQ quawdoTeAeQ '9 buTuueTd AnTunwwoo 'uosaapuy TaoN Aq pe;;Twgns-quawnoop pTes agnoaxa o; NaaTn AnTO pup aoA?N ezTaou;ne pue :00'OZL'E$ 30 quauAed ATaeeA TP;o; P ao3 eaoe led 00'OZT$ ;e Peog uT;a?N pue anuany APMebptg gseM 3o aeuaoo gseMggaou aug gp Pe4.200T ATTesaueb puPT 3o Se/OP -re ATe4PwTxoaddp wae3 on. •ouI •swap3 'song Moiassnog gqTM quawaaabe espei wae3 P buTAoadde uoTgniosag„ geug An4e0/4apes - 8069E1 'SSE-iiOZ 'oN paubTsse aoAPW Aq TeAoadde uodn pup pagdope uoTgnTosag •pooMuaaaD :;uesgy •xTS :seAy-agoA TTe° TTog •pagdopP eq '„sO;oaaTQ guewdoTaAeU 9 buTuuwTd A;Tununuo) 'uosaapuy TaoN Aq pa;;Twgns-quawnoop pTes agnoaxa on xaaTD A:T3 pup aoApN ezTaou;n2 pup dSL'S86$ 30 ;uauul2d ATaeaA TP40; e Jo; aa°P Jed 00'S6I$ ;e anuaAv ubnoaogsuy pup peon sTTneuS gsaM 30 aaua00 4seMg4aou au; qe pa;eooT ATTPaaueb puPT 3o salO2 SE•E ATegewTxoadde waP3 on •p47 'swap3 aaq leg ugTM ;uawaaab2 weal use3 e buTAoadde uoT;niosag„ geug ;sell/A;;ag - L069E1 ' 6SE-i1OZ 'oN paubTsse aoAew Aq TPAoadde uodn pup pagdopP uoTgniosag •pooMuaaap :quesgy •xTS :seAy-agoA Tie° TTog •pa;dope eq '„ao4oe1TQ seoTAles e1ns-e 'buTgnH TnPd Aq pan.:Twgns -guewnoop pTes agnoaxa on. NaeT3 AgTD Pue aoAsw azTaougnp pue :gaaa;S pu2TPTW pup neaa;S MoTTa3buo'I ;P pa;PooT Naed aTepaaAoTD 3o asn alp ao3 saosTAaadng 30 papog Aquno0 3Mp} N0PT5 ugTM quawaaabv espaq aeaA-E buTAoaddp uoTgniosag, ;pug 4aPH/A44eD - 9069E1 'EGE-i1OZ 'ON paubTsse aoA?N Aq TeAoadde uodn pup pa;dope uoTgnTosag •pooMuaaa5 :quesgy •xTS :seAy-anon TTeo TTog •pagdope eq '„aauupTd A:To 'aepeoauos °Tay Aq pe;;Twgns-;ueunoop pTes agnoexe on NaaTn A:To pup aoA?N ezTaougne pue :00'68Z'6$ 3o qunowp aug uT 'gsnay ATTwed sTAy auy 'S60-TcE-9i-£i68 'ON Taosed 'Peog 44ax0PH 'N ZOE on quao2Cpe puPT pepooM quPOPA 3o sa1OP LS'E :so3 aa33O as?u°and 3o sou?;da0oy buTAoadde uoT;nTosag„ neon. 4aeH/A44eD - 5069£i 9 abed HTOZ 'Z AsY1 C-- • xzaTO A4TO sasegos AznS •paTzzeo uoT;ow •pooMuaaas :;uesgy xTs :saAy-a;oA aoToA •m•d 90:9 ;e uznoCpe TTounoO aq; ;eq; 4aeH/aT00 - 6Zb9£T yN3WNIMPQy •paTzzeo uoT;oN •pooMuaaaO :;uasgy •xTs :saAf-e oA aoToA •aTT; uo paoeTd pue paATaoaz eq s;uauuoo Tezo aeoge eq; ;eq; 4zeH/eTo3 - £Zb9£T •aULT; STq; ;e epuabe eq4 uo ;T aoeTd o; buTNse eq ;ou TTTM aq os uoT;ezapTsuoo zapun suzaouoo esoq; buTxe; sT as;;Tunuoo aq; 4eq; pue NTeM aoead •aP &ITN zaq;nZ UT;aPlel ag; ;o uoT;eooT aq; buTpzebea pesTez azaM suzaouoa buT;aaul s5[99M ;seT ;p ;eq; pauTeTdxa ;;Tamps zy� SNOII IEs'3dd TIRO 'b9£-TTOZ '0N paubTsse zoAeN Aq Tenoadde uodn pue pa;dope uoT;nTosag •pooMueaxf :;uesgy •xTs :SPAY-a;oA Tieo TTo2i •pe;dope eq '„s;uaulgoe;;y pup zapeo7 xoeay TTOZ ;o asegoznd q;TM uoT;ouncuoo uT spTq ;o buTxe; pue •o;a ';uemnoop pTq 'suoT;eoT;Toads 'sueTd ;o eoT;ou gsTTgnd o; xaaTO A;TO buT;onz;suT pup TTOZ '9T AeN sp buTuado pTq pue buTzeaq ;o e4ep buT;;as uoT;nTosag„ ;eq; zadTaM/;;TmioS - ZZb9£T '£9£-TTOZ 'oN paubTsse .2oAeN Aq TeAozdde uodn pue pa;dope uoT;nTosag •pooMuaaaD :;uesgy •xTs :SPAY-a;oA TTeo TTog •pa;dope eq '„s;ueuLgoe;;y pue zapeoZ xoezy TToz ;o asegoind g;TM uoT;ounCuoo uT •04a ';uaumoop pTq 'suoT;eoT;Toads 'sueTd buTAozdde ATTaeuTuLTTaad uoT;nlosag„ ;eq; zadTaM/;;TulgoS - TZb9£T •paTzzeo uoT;ow •pooMuea,O :;uesgy •xTs :self -a;oA aoToA •eTT; uo peoeTd pup paATaoaz eq 's;ueunloe;;y pue zapeo7 5[0ezy TTOZ ;o esegoand q;TM uoT;ounCuoo uT o;e ';uaulnoop pTq 'suoT;e3T;Toads 'sueTd ;eq; zadTaM/;;T qoS - 0Z69£T •paTzzeo uoT;oN •pooMuaaaO :;uesgy •xTs :seAy-a;oA aoToA •peAoadde eq 'squemp24.4V 8 abed IIOZ 'Z kepi CITY OF WATERLOO Council Communication City Council Meeting: May 9, 2011 Prepared: � pril 27, 2011 Dept. Head Signature: i i # of Attachments: 1 0' j SUBJECT: LE 1'1 ER CARRIER FOOD DRIVE DAY PROCLAMATION Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: r_. . ■- ■■ 1 ■ CITY OF WATERLOO, IOWA PROCLAMATION WHEREAS� the National Association of Letter Carriers, U.S. Postal Service, AFL/CIO and the Cedar Valley United Way WHEREAS, a nationwide food drive; and WHEREAS, this nationwide food drive is a community outreach program that will collect food items for the Northeast Iowa Food Bank, St. Vincent DePaul and The Salvation j.' Army to be used in Black Hawk County; and WHEREAS this event has collected nearly a half million pounds of food in the county the past seventeen years to assist those in need. Now, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim Saturday, May 14, 2011, be designated as LETTER CARRIER FOOD DRIVE DAY and call upon all citizens to place food donations in or near their mailboxes to be picked WITNESS by their letter carrier. IN 1(HEREOF, I have hereunto set my hand and caused this official seal of the City of Waterloo,Iowa,to be affixed this 9`h day of May 2011. ATTEST: 7 I I- u"t'lt Ilk M' '7 M :: 4'''" Er F R p Suzy Schares of `It,, W 'of Buck Clark City Clerk , ; ;y..'pp Mayor 4 CITY OF WATERLOO Council Communication City Council Meeting: May A, 2011 Prepared: Daniel J. Trelka . Dept. Head Signature:- # of Attachments: 1 SUBJECT: MOTORCYCLE AWARENESS RIDE Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Approval of ABATE of Iowa District 16's request to hold a Motorcycle Awareness Ride on Saturday, May 14, 2011 Summary Statement: Each year ABATE of Iowa, District 16, sponsors a Motorcycle Awareness Ride in May. This year's ride is scheduled for Saturday, May 14, 2011. Registration will begin at 11:oo a.m. at the Black Hawk County courthouse with the ride departing promptly at noon. The route will travel through Evansdale, Waterloo and Cedar Falls, concluding at Silver Eagle Harley-Davidson. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: Cc: Captain Joe Leibold, Police Department Chief Pat Treloar,Fire Rescue Sandie Greco,Traffic Operations Mark Rice,Central Garage ABATE OF IOWA 103 • Ia..1 Making sure motorcyclists are seen and heard. Dawn Wessels, Public Relations Officer, District 16 319-296-2329 Ext. 1691 (daytime) 319-464-5477 (evenings/weekends) April 6, 2011 Captain Joe Leibold Waterloo Police Department 715 Mulberry Street Waterloo, IA 50703 Dear Captain Leibold, In support of National Motorcycle Safety & Awareness month each year ABATE of Iowa, District 16 sponsors a Motorcycle Awareness Ride in May. This letter is requesting permission to hold the ride & escort assistance for this annual event scheduled for Saturday, May 14. We begin participant registration at 11:00 a.m. at the Black Hawk County Courthouse with the ride departing promptly at noon. The tentative route will travel through Evansdale, Waterloo & Cedar Falls concluding at Silver Eagle Harley-Davidson, as we have the past several years. The finalized route will be determined as we get closer to the event date, allowing the escorting officers final approval on the day of the ride. Please contact me at the numbers listed above if you need further information or have any questions or concerns. Respectfully, Dawn M. Wessels, Public Relations Officer ABATE of Iowa, District 16 cc: Tony Thompson, Black Hawk County Sheriff Chief Jeff Olson, Cedar Falls Police Department Chief Randy Weber, Evansdale Police Department Evansdale Fire Department Iowa Highway Patrol This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-366 RESOLUTION APPROVING REQUEST OF ABATE OF IOWA, DISTRICT 16 TO HOLD MOTORCYCLE AWARENESS RIDE ON MAY 14, 2011. WHEREAS, ABATE of Iowa, District 16 has requested that they be allowed to hold a Motorcycle Awareness Ride on May 14, 2011, together with the approval of the Director of Safety Services, and WHEREAS, said event will begin with registration at 11: 00 a.m. at the Black Hawk County Courthouse with the ride departing at noon and traveling through Evansdale, Waterloo and Cedar Falls, and concluding at Silver Eagle Harley-Davidson. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of ABATE of Iowa, District 16 to hold a Motorcycle Awareness Ride on May 14, 2011, with said event beginning at 11 : 00 a.m. at the Black Hawk County Courthouse with the ride departing at noon and traveling through Evansdale, Waterloo and Cedar Falls, and concluding at Silver Eagle Harley- Davidson, be and the same is hereby approved. PASSED AND ADOPTED this 9th day of May, 2011 . 7:4)/ Er est G. "Clark, Mayor ATTEST: aLh. Suzy Scyla es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: May 9, 2011 Prepared: Daniel J. Trelka Dept. Head Signature. # of Attachments: SUBJECT: KBBG-FM 35th Annual Parade Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: approval of KBBG-FM 35th Annual Parade, Saturday August 20, 2011 Summary Statement: On Saturday, August 20, 2011, KBBG-FM will host its 35th Annual Parade. Lineup will begin at 8:oo a.m. at the corners of East 4th and Donald Streets Parade will begin promptly at io:oo a.m. Parade route will be as follows: Proceed down East 4th Street Turn left onto Newell Street End at KBBG, corner of Newell and Mobile Street Estimated end time is 11:5o a.m. They are requesting the assistance of the Waterloo Police Department by providing one patrol car to lead the parade. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: Cc: Chief Pat Treloar, Fire Rescue Captain Joe Leibold, Police Department Sandie Greco, Traffic Operations Mark Rice, Central Garage Paul Huting, Leisure Services IGggGI-FM 22.1 .918 Newell. Street • Waterioo, IA 50703 Mdv vt../PubL%c ReLati.ovl c (319) 2� -1515• studio (31 ) 234-14.41 • Fax (31 ) 234-6122 Toll.free: (888)937-5224 •websi.te: www.lebbg fw.,org.• e-mail: reatvuawagevnewt@Izbbg.org President and CEo Louise "Lou"Porter Wednesday, May 29, 2011 RECEIVED MAY�0�2 Bin AACg, INC. WARD OF DIRECTORS Mayor Buck Clark City of Waterloo N Jean+tabes 715 Mulberry Street Chair Waterloo, IA 50703 c�Lor�c H-oln,.es, vice Chair Rev.Donald Carver Re: KBBG 35th Annual Radiothon Fundraising event Treasurer Robert L.Smith,jr. Vitt Treasurer and Dear Mayor Clark: Financial Consultant n tichael s. Coot This letter is to inform you that beginning Monday,August 15,through Sunday Director August 21,2011, KBBG will host its 35th Annual Radiothon Fundraiser. The weeklong event will feature various activities. Each night at our facility,volunteers B.ettJJean Furgerson will solicit donations by telephone to community supporters. Ex-o f ficlo On Saturday,August 20, at 10 a.m. sharp, KBBG is planning to have its Annual OPERATIONS Community Parade. Lineup will begin at 8:00 a.m. at the corners of East 4th and station Manager Donald. The parade will begin promptly at 10:00 a.m. The parade will proceed down Beverly Douglas East 4th Street, Turning Left onto Newell Street and ending at KBBG, at the corner of Newell and Mobile Street. The estimated end time is 11:50 a.m. Adrulnistrative Assistant Our only request this year is the assistance of the Waterloo Police Department by Ed yee Porter providing one patrol car to lead our parade. Fundraising Event Coordinator We anticipate this event to be our most successful yet! On behalf of the Board of Lashav t Ara Fletcher Directors of KBBG-FM, we appreciate the years of support the City of Waterloo and sports Director Waterloo Police Department has given during the KBBG Radiothon Fundraiser and sauya Avuvuar Annual Parade. Should you have questions,please feel free to contact me. warren Nash,M.D. Sincerely, 1923-1979 Fouwded1375 �+P Cx �Jtl Louise "Lou"Porter LaShaundra Fletcher ji.o.. u.le Porter President and CEO Fundraising/Event Coordinator Founder 1931-2007 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-367 RESOLUTION APPROVING REQUEST OF KBBG-FM TO HOLD KBBG-FM' S 35TH ANNUAL PARADE ON AUGUST 20, 2011 . WHEREAS, KBBG-FM has requested that they be allowed to hold KBBG-FM' s 35th Annual Parade on August 20, 2011, and WHEREAS, said parade will start at 10 : 00 a.m. , with route to begin at the corners of East 4th and Donald Streets, travel down East 4th Street, left onto Newell Street and end at KBBG-FM at the corner of Mobile and Newell Streets. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of KBBG-FM to hold KBBG-FM' s 35th Annual Parade on August 20, 2011, starting at 10 : 00 a.m. , with route to begin at the corners of East 4th and Donald Streets, travel down East 4th Street, left onto Newell Street and end at KBBG-FM at the corner of Mobile and Newell Streets, be and the same is hereby approved. PASSED AND ADOPTED this 9th day of May, 2011 . ZtE:41.A.J Ernest G. Clark, Mayor ATTEST: _�i��Ct�sx7 Suzy Scsa4es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: May 9, 2011 Dept. Head Signature: Daniel J. Trel # of Attachments: 1 SUBJECT: 2011 Cool 105.74th Street Cruise Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Approval of 4th Street Cruise event scheduled for Saturday, May 28, 2011 in downtown Waterloo, 12:00 noon —4:0o p.m. They are also hosting the Annual Cool 1o5.7Fourth Street Cruise Show&Shine car show at the National Cattle Congress from 5:0o p.m. — 9:0o p.m. the night before (May 27, 2011) Summary Statement: Jim Koch and Chuck Held have submitted paperwork outlining this year's 4th Street Cruise event scheduled for May 28, 2011 in downtown Waterloo. Attached correspondence details street closings and requests for barricades, electrical service for vendors and speaker systems and extra police presence. The parade route is outlined in their letter. Expenditure Required: police presence for the event Source of Funds Policy Issue Alternative Background Information: Cc: Chief Pat Treloar, Fire Rescue Captain Joe Leibold, Police Department Sandie Greco,Traffic Department Paul Huting, Leisure Services Mark Rice, Central Garage St 30th th Annual Cool 105.7 "4th Street Cruise" Waterloo, Iowa The Honorable Buck Clark April 30, 2011 Mayor, Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 Mayor Clark, This letter is a request for permission to hold the 2011 Cool 105.7 Fourth Street Cruise on the dates and times as outlined below. This year the 30t Annual Cool 105.7 Fourth Street Cruise will be held in downtown Waterloo, Iowa from 12:00 noon until 4:00 pm on Saturday May 28, 2011 and at the National Cattle Congress from 5:00 pm until 9:00 pm on Friday May 27, 2011 for the Annual Cool 105.7 Fourth Street Cruise Show& Shine car show. The route of the cruise will be the same as last year. Cars from the East side will move from Mulberry Street across the river on Fourth Street to Bluff Street and return on Park Avenue back to Mulberry. Cars from the West side will move from Bluff Street across the river on Fourth Street to Mulberry and return to Bluff on Fifth Street. Prior to the start of the cruise,the cars will stage in the Black Hawk County courthouse parking lot on the East side and under the Washington Street overpasses on the West side. We are requesting the 700 block of Mulberry Street be blocked off from 8:00 AM until shortly after 12 Noon to stage the overflow of cars expected from the Courthouse parking lot. The cars will move out of these areas a few minutes prior to 12 noon in order to meet at the East side of the Fourth Street Bridge at noon. We are requesting that Fourth Street be cleared of traffic by 11:40 AM. There will be a remote radio broadcasting area set up in the 100 block of East Fourth Street on the sidewalk, adjacent to the street, as in the past. The event will require electrical service on Fourth Street on both sides of the river for vendors and speaker systems. The exact location of vendors is determined by Main Streets in the person of Ms. Diane Graham. The event will also require extra police presence for security and traffic control. Your office should determine the amount of manpower needed. We are also requesting the Waterloo Street Department distribute barricades per a map that will be given to them if this request is acknowledged. As in the prior years,the Northeast Iowa CB club will be on hand to monitor the barricades at the intersections on Fourth Street. If you need further information or have any concerns with this event,please address any questions to Co-Chairs Jim Koch 319-415-7361 or Chuck Held 319-239-9193. Jim Koch Chuck Held May 28th 2011 Waterloo, Iowa - "Cruisin' the 30th" - "Meet Ya On 4th" This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-368 RESOLUTION APPROVING REQUEST OF COOL 105. 7 TO HOLD THE 30TH ANNUAL COOL 105. 7 FOURTH STREET CRUISE ON MAY 28, 2011 . WHEREAS, Cool 105 . 7 has requested that they be allowed to hold the 30th Annual Cool 105 . 7 Fourth Street Cruise on May 28, 2011, and WHEREAS, said cruise will be held from 12 : 00 noon until 4 : 00 p.m. , with cars from the east side traveling from Mulberry Street across the river on 4th Street to Bluff Street and returning on Park Avenue to Mulberry Street; with cars from the west side traveling from Bluff Street across the river on 4th Street to Mulberry Street and returning to Bluff Street on 5th Street . NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Cool 105. 7 to hold the 30th Annual Cool 105 . 7 Fourth Street Cruise on May 28, 2011 from 12 : 00 noon until 4 : 00 p.m. , with cars from the east side traveling from Mulberry Street across the river on 4th Street to Bluff Street and returning on Park Avenue to Mulberry Street; with cars from the west side traveling from Bluff Street across the river on 4th Street to Mulberry Street and returning to Bluff Street on 5th Street. PASSED AND ADOPTED this 9th day of May, 2011 . Zeee-f fa/ Ernest G. Clark, Mayor ATTEST: o L Suzy Sc r s, CMC City Clerk ems` APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: /7;fa c APPLICANT'S ADDRESS: 6 C; Nlu {n(C S�e. VU� < (c, APPLICANT'S PHONE#: 4 cr 2 33-`--(3(--( AN PiCIPATED DATE OF VARIANCE; n Z` e +� ,Li P « NAME OF EVENT: (\CAN j ) �p ot C� TIMES OF DAY OF VARIANCE: / c,C��. , : C jp GEOGRAPHICAL LOCATION OF VARIANCE: C a ((0 PG C (a0 DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: , CSc! — 3Od s PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION,AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE,SUCH AS A BAND PLAYING,PA SYSTEM,ETC. 1. & ^ k euicu,S y CS Our. C ko,c.cjv C-S � s ngc -()o n !l�i y�x c kae r�, C r�r�o ?F )J P,Lk Y C kcck,,(y cociv-r Or✓!`D�-Cr C_I-IlRcch G/rr{/ Ili SW" c; kS , VQ �79,SX. wt(1 10 \-.lets W iNcr,-ki i liXL- r c \ kE-CS Sans O�iS�cy�cF Ta: i, �� ccnd( f ,S low L ,r dry-��b AR ,1,6„< S„ e RA- 70,ve (�ts hco tea+ °Q^ G cvble"'\-. G 12S -6)c Cvnszc4e< i c�C )' Applicant's Signature Date CITY COUNCIL ACTION: Police Dept.Recommendation APPROVAL: 51 `(i ( APPROVAL: �- <Ic-c DENIAL: DENIAL: DECIBEL LEVEL: PS isr'Na. 1 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. 1 RESOLUTION NO. 2011-369 RESOLUTION GRANTING REQUEST OF GRACE REFORMED CHURCH, 520 MAXWELL STREET, FOR VARIANCE TO NOISE ORDINANCE, ORDINANCE NO. 3094 . WHEREAS, Grace Reformed Church, 520 Maxwell Street, is requesting a variance to the Noise Ordinance on June 12, 2011 and August 14, 2011 from 8 : 00 a.m. to 1 : 00 p.m. in conjunction with Sunday In The Park event to be held at Galloway Park, including PA system and music, and WHEREAS, said event will exceed the limits of the Noise Ordinance, Ordinance No. 3094, and WHEREAS, said Grace Reformed Church, 520 Maxwell Street, has made formal application for a variance effective June 12, 2011 and August 14, 2011 from 8 : 00 a.m. to 1 : 00 p.m. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Grace Reformed Church, 520 Maxwell Street, for a variance to Ordinance No. 3094, Noise Ordinance, on June 12, 2011 and August 14, 2011 from 8 : 00 a.m. to 1 : 00 p.m. in conjunction with Sunday In The Park event to be held at Galloway Park, including PA system and music, be and the same hereby granted. PASSED AND ADOPTED this 9th day of May, 2011 . La 7741" Ernest G. Clark, Mayor ATTEST: -°4dcab Suzyc S ares, CMC City Clerk CITY OF WAl'ERLOO Council Communication City Council Meeting: May 9, 2011 Prepared: May 4, 2011 Dept. Head Signature: Suzy Schares #of Attachments: SUBJECT: Cancellation of assessments on 935 Steely Street Submitted by: Suzy Schares, City Clerk Recommended City Council Action: Resolution approving the cancellation of assessment for 935 Steely Street in the amount of$176.89; and authorizing City Clerk to notify Black Hawk County Treasurer of said cancellation. Summary Statement: Expenditure Required: Background Information: The total amount assessed to this property is $209.89 for garbage and sewer fees. Richard Griffie no longer owns the property in question and Rick Brede is the new owner as of February 23, 2011. New Iowa Code 384.84 states that if the delinquent rates or charges were incurred prior to the date a transfer of the property or premises in fee simple is filed with the county recorder and such delinquencies were not certified to the county treasurer prior to such date, the delinquent rates or charges are not eligible to be certified to the county treasurer 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 8912-19-352-007 GRIFFIE,RICHARD L BREDE,RICKA 1703 DOWNING AV PDF No. _Map Area Contract Buyer WATERLOO, IA 50701-0000 7 EWTLO-12 Property Address Current Recorded Transfer 935 STEELY ST Date Drawn Date Filed _Recorded Document Type WATERLOO, IA 50703-4247 11/30/1998 12/7/1998 CLD 666284 D SALES BUILDING PERMIT Date Amount NUTC/Type Date Number Amount Reason 2/23/2011 69,394 SHERIFF OR TAX SALE/ Deed 10/5/2010 WA 07099 1,650 Siding 1 1/30/1 998 35,000 NORMAL ARMS-LENGTH 1/28/2004 WA HA 1689 1,600 Misc TRANSACTION / Deed 6/7/2001 WA 1202 392 Roof ASSESSED VALUES/CREDITS Year Class 2011 Proposed Values Subject to Board of Review Action R 100% Land Dwelling Building M/E Total Acres Value 8,160 41,910 0 0 50,070 0 Taxable Land Dwelling Building M/E _Total Value 8,160 41,910 0 0 50,070 Year Class 2010 R 100% Land Dwelling Building M/E Total Acres Value 8,730 49,710 0 0 58,440 0 Military Homestead Disabled Veteran Property Tax Relief Agricultural Family Farm Credits Exemption Credit Credit Credit Credit Credit Y Taxable Land Dwelling Building M/E Total Value 4,237 24,124 0 0 28,361 Year Class 2009 R 100% Land Dwelling Building M/E Total Acres Value 8,730 49,710 0 0 58,440 0 Military Homestead Disabled Veteran Property Tax Relief Agricultural Family Farm Credits Exemption Credit Credit Credit Credit Credit Y Y Taxable Land Dwelling Building M/E Total Value 4,095 23,319 0 0 27,414 Year Class 2008 R 100% Land Dwelling Building M/E Total Acres Value 8,730 49,710 0 0 58,440 0 Military Homestead Disabled Veteran Property Tax Relief Agricultural Family Farm Credits Exemption Credit Credit Credit Credit Credit Y Y Taxable Land Dwelling Building M/E Total Value 3,980 22,662 0 0 26,642 http://www2.co.black-hawk.ia.us/website/blu iap/bhRepDet.asp?apn=891219352007 5/2/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 TAX INFORMATION ASSESSMENT YEAR 2009 PAYABLE 2010/2011 Tax 940001 -WATERLOO District Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 58,440 25,562 1.852 42.76081 $1,093.05 $960.00 Nocorp 0 0 0 0 $0.00 Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Ag Credit Family Farm Credit Corp $132.73 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL BEAUCHAINS SUBDIVISION PLAT OF THE SOUTH END OF THE WEST HALF OF THE SOUTH WEST QUARTER OF SEC NO 19 IN T 89 N OF R NO 12 WEST BY AUGUSTIN BEAUCHAIN & MARILLA BEAUCHAIN HIS WIFE N 64 FT S 224 FT E 1/2 LOT 7 EXC E 30 FT LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front Foot 64 64 152 152 0 9728 0.223 otals: 9728 0.223 DWELLING CHARACTERISTICS Type Style Single-Family/ Owner Occupied 1 Story Frame Year Built Area Heat AC Attic 1940 792 Yes Yes None Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 4 0 2 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring C Blk Carp/Vinyl Exterior Walls Interior Finish Vinyl Plas Roof Asph /Gable Non-Base Floor/Wall Pipeless Handfired Space Heaters Heating 0 Addtions Year Built Style Area Basement (SF) No Basement(SF) Heat AC Attic 1940 1 Story Frame 120 0 0 Yes Yes 0 Plumbing 1 Full Bath 'Porch Style Area 1 Sink 1S Frame Enclosed 32 GARAGES CAR PORTS Year Built Style Width Length Area Basement Qtrs Over Area AC Basement Stalls None 1940 Det Frame 12 20 240 0 None 0 0 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn-891219352007 5/2/2011 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-370 RESOLUTION APPROVING ABATEMENT OF ASSESSMENT IN THE AMOUNT OF $176. 89 FOR PROPERTY LOCATED AT 935 STEELY STREET IN THE CITY OF WATERLOO, IOWA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following assessment be and the same is hereby abated: 935 Steely Street (Parcel No. 8912-19-352-007) Beauchains Subdivision Plat of the South end of the West half of the Southwest Quarter of Section No. 19 in Township 89 North of Range No. 12 West by Augustin Beauchain and Marilla Beauchain his wife North 64 feet South 224 feet East 3z Lot 7 except East 30 feet, all in the City of Waterloo, Black Hawk County, Iowa. Garbage and sewer fees - $176. 89 BE IT FURTHER RESOLVED that the assessment be and the same hereby cancelled and the City Clerk be and she is hereby directed to notify the Black Hawk County Treasurer of said cancellation. PASSED AND ADOPTED this 9th day of May, 2011. ‘2 Er est G. C ark, Mayor ATTEST: Suzy Scha es, CMC City Clerk FINANCE DEPT. STAFF ONLY LINE ITEM USED Y'0 v<� `1)19 /.3(0 TRAVEL REQUEST FY BUDGETED OILY (tZ) CITY OF WATERLOO EXPENDED YTD 3/(,IU THIS REQUEST 3a8vv LEFT AFTER THIS REQUEST 13,Saj, i DATE 7 )it,) F:�2- DI Original-Clerk/Finance 'Copy- Department NAME(S) AND POSITION(S): DATE: Darren & Nicole Smith, Exhibition Lenders April 22, 2011 NAME OF CLASS/ MEETING: DESTINATION: Waterloo, IA DEPARTURE POINT IF NOT WATERLOO: Chicago, IL DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 5/3/11 5/4/11 5/3/11 — 5/4/11 PURPOSE OF TRAVEL: Travel to view exhibition and attend dinner recognizing lenders of the Allen Stringfellow exhibition which is currently on view at the Waterloo Center for the Arts. Smith will present a gallery talk at WCA while she is here. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: 010 26 4265 1346 BUDGET LINE ITEM: 26STGOSG 120 LODGING TAXI X GRANT REIMBURSABLE MEALS PARKING YES NO REGISTRATION AIRFARE X REQUIRED CERTIFICATION 208 (bus) MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 328 TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR S13"�//� 5/ [9611 DATE DATE K:AShared Goodies\Forms\Travel Request Form January 2010 CITY OF WATERLOO , IOWA CITY ATTOPINEY EI OFFICE rZ Tim 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 Merl�p \() JAMES E.WALSH,JR.,City Attorney • DAVID R ZELLHOI;EE7(,Assistant City Attorney Mayor BUCK CLARK COUNCIL May 9, 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 QUENTIN M. I have examined the bonds filed with the City Clerk/Auditor's Office up to the HART close of business on May 5,2011. Ward 4 RON Of the O bonds submitted, cY were approved and Q WELPER rejected, as shown on the attached list. Ward 5 BOB Very truly yours, GREENWOOD At-Large (0 69.E STEVE SCHMIHMI TT David . Zellhoefer At-Large Assistant City Attorney DRZ:lc CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal OpportunitylAffirmative Action Employer BONDS FOR COUNCIL APPROVAL MAY 9, 2011 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/12) AMOUNT: $5, 000.00 --BD 7900545028 BOWERS MASONRY, INC. WATERLOO, IA -IA 596207 BRAD TAYLOR WATERLOO, IA -- 60792187 J C PLUMBING & HEATING COMPANY HUDSON, IA BD 0000054801 K CUNNINGHAM CONSTRUCTION CO. , INC. CEDAR FALLS, IA ..--BD0000697176 MATTHIAS LANDSCAPE COMPANY, INC. WATERLOO, IA --34989862 MICHAEL D. ALBERS DIKE, IA -95 BA K037 4 NINO F COSTARELLA DBA CEDAR FALLS, IA CHRISTENSEN BUILDING & REMODELING & REPAIR --RLI0461917 RICK KITE DBA KITE CONSTRUCTION LTD JESUP, IA • I a 4111 0 111 a a a a a • • 0.1 4 46 0 * * • 4 * • h 0 r., '-: --I -1 -;7 '10 "-' -I .,"331 11 '01 '371. -1 at 3..- 01-1 1 3 0 t-1 rz o 1^1 11,3 1:7 1-,...:LI C ,-i C.1 Cl 1-1 9 Z 111 171C ✓ m fttt; --; m ro ----; 1., tr.5.-;11113 1 , --I i"r.: --; -4 .., irri 1; 1,75 :t. 0, „-r ?,... ..r.,., 0 1, ', 0 l'.; 130 ;.7 .0 '.1., ,-, ("1 *Fri?:111.61 r 9--1.ff.1 r -1*'-" r- ;,-!,dt•0 r st-;;,*...o r- I if <7_• < 4-I ; 1,44 r,,,, F-1 ''''' '-' II r"..)0'40, r.3 ct 7.1„, 7-I 17.7 1:7• CC 1.-.. rti....1 2 ;,..., Inv rr.1 Z -4 'n:2 CC F., 'la F3.: Z 1-' 1'0 11 Ln 4.I Cu !--: IF.19.!.3. ':.:. J. cm 7.: i' r .;:_- Ct • ,... t zi I- z c..-:. i• It t-t 0 .... lo%I Cl ttt. tf.t..-.;73 0 < 1!1:11...,1 C.": < C1 -I `ID < iC:i 4-3 1'2 < !C rft !al ,-4 o r 0 >., o 1 a ,,.? 0 r :1,..i ,,-.? C, 1' --I 7-1 Li ! ..1 ,--. 0 r ?? .. t17-..?... :1 01 1.11 1-1, 0: { C1:1 0 7.. i --. 0 :..:- 'Li Cs 7.. 1 r1.7 0 1.,• in 0 1.-_, 11,1 ,7 tit: tr; 0 f1,I1 z 10 7 ?1111'.-.r. !il r.- it,, =1.11 111 0 11111 0 1111 0 1, :7 : 0': 17 1 5 11-, 1, - • ,....„.... 1 ...." .-.? 1 r-' ''' , „ ,,., , ' ;1.... -I -i , , 0., -1 i -A -1 ; ::•• ..; ! 0 --.1 i 11 •";1 ; ;‘9-.1 na "J rr! ' !!t, Pr !I la 171 1 11 .:..„ : rti " i ,7?:: -,-,r ', 7-: " 1! :3 1 11 0 0 7 33,3g, (...1.5 (..... t 1.11 1..6 VI ' 3-3 F.11 C) " "r ta 0 ! i:, a 11) , 11. 1it ,r., >> 46•1-0 ;....! it"; ,- IC; 0- 10 I; tal ft 10 .1.: iC7 0 Ii',_.1 ' ':"...`. !IJ i- • [t" Z.'," ii r, --.. — -:.i.: 17.0 . 1:711 iZ 01 !.: -,': ,:., i•-•i 17:i t-- 1-i • ,..,. ?....? ' (11 i--I 10 ' .?! 1.9 71 ' ,-.-. "lii 74, - 0 0. 0 CO,}.. 01 1X1 1.... ,71 17. 71 7i ....! 1:10 01 ;41 -,.,.; 1; ,,,- ia>" r ... . ,,,,, .LT'. . 1..1>. ' X-,.. . !.??: 11 4=... ,..k. g-. .s. jk-4 a.. P: .". .1.", L-.4.Z F7 `•:C u.: , . m, I : ' r7 1111 (11;i ? 1- ; 01 ';;; Di- 1-.., 10 Ili. ' 0 '1.7 . 0; l#, ,1" !"1 7 c c ' 1.1 /7- !''' 1) 1 tt > ..... , 33,13. pa 1 !! 'T!! 0a 0 ! P333. Fi3I ! 07- 1=-7 1 !7< Z>:17 - -1:-.71'11i 3,t' • F-4 0'0 ij ' IS)•Z Id>,. • ;---;-';);- 1..-,a• ,, 0 1" tilt 0" P -P 17'. im trt nt;us) -it • ;-;;;0 n ,i - -- z tilt.t. r.:.;.ItTi .; 0 ILO 11.1 '-Ci it 0 X 011(77 i1.3 1.1I 1: MI 1 g c-q.;0 ' 1r11 "01,11 ,1 0 0 71?0:1.., --i,r-,%0 ;'''J'' r.,-; 1-,.,C.;Zj ;•••;1115 ,X; I • 0 vari,4,, 23 j-X;,44- • 01 ia.:1 41 "0 z 044 1214,,,". 114- .-. !'"17'..1 1 7::[:.1 -Ur;:'''' . C17.1?---.111 --4',m 7 11 .t... "o o tr. -r; • t-tm;6 m tm o • !'ti..t, • ci 16.1 li ''•-• 0 -1 .." 6 -i IFFI ,-. ' rn -4 0 m t..., .1., • al -...; 74 111-, . 4'4-•.: . . 'HOCz .0 , lot 0.'111•':i'' H 0 rI. ..r.,'..37. 1"... ' 64,:i .3' tj Z.'• 0 P 01 • , • pH 1 111 r,''.':t:1, 00 r I 0 11 ..;-., 2 nl 7., i ill < 7. Cl ,. o I 1> • i 0 - ?i 1--; - I :16:' . : i! Z 'LT.! 37! i .Z. -I! tr. . C 1", I; ‘t.: • I-1,' y. • I Z - r.:I .•4 3 • ,--,I --t i .15 . z i ,i rsi 0 i ,-,,‘ .61,i 0 rt:i: .73 ? rll I.CC 1 0 ? 7. 1: ? 1-1 it-', Z.! Z . I ',S.-- • -41 f.1:1 • • i (i3 ' Ti It r) I- .- rri• ''Z' i " 1-3 3 C'. 1 -9'33 1' 1 ril 7... II Li! ' , ..r4 • 091 0 ' C11 1 tr. • I 11-1 'Z. —i 1 ,-6.. -I ,..„, .6:,,, m , $of , rt II NI c.) C, i :0, t , ,, c ,1 to 13 m, Xi1 !al.1 rall 3-1 1, t•''' m ,,-, c':•-,-, C, , t ri I 0 " 6 tt z CC. 1-;; III . • i .0 9- 1 Cl , , 31-.{ i 1'- ! 'C II "a 1",I.., 0 (.0 1 0', Z. 171 1 i r- : "1I ! F.. ! C i 17.' . .-, " [ l'• i il :.7) fa \- 4-) )--4 --I'? M I I -4 3 7.: 1.? 7.. ...1 ,-- ,--:• V 0 1 Pa '' q trt. --..t. s..., = ' xi; ;It i 1e.-ti i c, ; if 01. ,..1 , -.› ,! .ip, Fo ..... !'. :T. i ... a li i Z 1 !1 ! ii ! I ,,,, . ro 1 ! " co t 1 -:. - I 1 . , .- . , . 1 .. 1-3 E :. , 1 ° 0 -.•-c; . . ,c...., i 0,-,,...2 . .,q IT! 17. r 1? .... ..... :,.. 1-'037 11 Z. Z'_ 6 : • 1-.. : • 11?: 11 . .. _. , 0 Iti 01-1 CO" OH 4 m (tt fr-1 0 P-4 ' 0!"'" 1; 'En' fn. -DI : 0 I-I C.,!-1 C..,1-i c.,1-+ 1.1.:,3,33.. 0 i'3,! 0 1-33:!. 0!3a. ti I ' 1 ..' I! • ':1 I -(;* ' ;.:. I :Ps, , .6.. M -. , ,„ ."' l' , I-.. ! ila I II 2 m ic.:;;;.- m lr:::rD MI kr.."-.. trl!.!Z El' rri IC If ;4:-.- .. N N 1.0 )13 - >-, , i2;fQ 1:,{117 ' 7"11.7 :11'1=`:, "- 0. ?, ti CO D3 ID ID . . ... ; C'' , o 1 0 1;--,r:), ; t; :/;;.; )0 D3 01 N N N . .... I , I a' ,, i , i a' ? '. 1 ti M IC M -` 0) N N , I 1 ti O CON •IN N ..,...,_, li13,is-i ies,ul >In >tp ii 17,5.- ii IC CO 0 N q ..1 !...1, --.. i'a--- ;:z..„. ,... N. kg.,. 3910 • • • • • 1..41 0 4-CC 1-44 0 '...:;I-I 0 ..4.1 0 01 0 ric 0 0 td 0 .4 ....1 Pa 1‘...,;,0 11.3 r-4.;A) .r.21 "•-•,. -0 •-4.I '4-4 4.,,i (1,1‘..43 ,..1•••,.. 11 01 LLI 03 s3 CO 0 0 13 Lri IC:--... e.-.1. 12:Pi '13 al tC'4.. CI• 17:.16 --rg 0 laZ'-.. C!!' ,Z Pi -0 fla IC: '..4 ;:-.' • IZ Pa 1:l ia c..7 •-, 0' Z Ill -0 0 C It 0• I2990 — — -1 0 1-4 0 -1 P.,I,;--;01 -4 0 4-4 C., -1 0 11--;0 ..41 0,,-; 0 " 0 1-i 1- " 0 -4 • 1.0-4 i•-• " 0,I-4 !I -1 ;••• „a. I '" ,-••• 4-;6 I." li rrl 1 1 '.-• I „; I " ;.4,- II , - 'I 0 ; III 0 I in C' I 1st Cl 1 Ui 0 VI 0 1 9 I 'N. ''.'0 0 , ".. N., CI 1 '`'.. 0 *"... 0 1 I 0 0 --I C' -.4 0, 0I .-I0 C' 1-4 0 0, I-1 0 Cl I-g i ,... 0 ICI•Il C' 10 4.1 0 Ci 4.) 0 0 ,C1 CI /0 ..0 CI 10 r ---1"... --t•-... IC.$0 0-1 I>ra Li I,PJ C. 11.1 IC.1,-.) 1;4 I 0 1.%Iv--0 T.,r!....1 fr.-0 >0 I--0 3,-..itt--0 o.07 Ir 0 ..... 2...._., ,.., 3:11:1 I ,-.. Y WI 1-.6 7 0 1 I -1 -I• 13>I- -.41. I>,-; -4• 13>;..- -1. il•,,-;; -;• 1-0->4 -1 • 11> I ni " 0 p: •• ki{a. .. ,..., •• 0 IZ '• fl,f, •- ..cl•rg . H o..-4 ..o i--4 a 1-1 0,-4 Oil 7-1' 0 c , L. , , . 1...1; ,..F._. ..,... .., ..0. „ .0 to Irti to o lt,-9 It) t ..0 1; -.o .-m; l' PI., 6,1 I'''t 17.0 li '2 f.0 1. "a Pa 11 0 1.7g 1,X;; IX ,,,," ;-, -;;;,, ;44 D a•-- PC m IC)W W JO(a Ni '--.I 133 'NI ,C, 13.1 -41 11 -,1 In ;1=1 inr!..1 1'0 il:1 ',...1 0 43 C.. 0 I IS ' ' it-rt• F.- . . ., pi• • 1-44 I 0 MI 0 11.3 .I.t..NI 0 M. 0 0+ IM 0 0' IX LC 'a 1Z I C . 0 o o•3 w 4:4-. 1 17...,' 0' II I -4 0 aid. aft AM all.. aft MI Ai i A Ak, da Iii A A As Alii Ati Alk diE2 18: tik. CITY OF WATERLOO laign)(1 l(Ctil Council Communication U 60 City Council Meeting:April 25, 2011 PrepaDept. i 18 2011 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)ye117, 2011 Marl 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. STATE OF IOWA, } Black Hawk County, SS I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing and Bids- Purchase of crack sealer unit Notice was published in the Courier, a daily publication printed in Waterloo, Black Hawk County, NOTICE OF PUBLIC HEARING Iowa, 1 time commencing on the 5th day of May, AND NOTICE TO BIDDERS2011 in the name of said newspaper, and that the for the taking of bidsdsforr ONE(i)CURRENT MODEL TR TRAILER MOUNTED YEAR annexed legal rate of advertised is the regular rate of • CRACK-SEALER UNIT WITH HEATED WAND said newspaper, and that the following is a correct bill Seated proposals will be received by the City Clerk of the city of Waterloo,Iowa, for publishing said notice. at her office in the•City Hall of said City on the 9th day of May,2011,until 12:00 noon,for the Purchase of One(1)Cur • - rent Model Year Trailer Mounted Crack- Sealer Unit With Heated Wand. Printer's Bill $18.66 All proposals received will be opened in P� ��r� the Council Chambers in the City Hall in -J v"�+ 44,the City of Waterloo,Iowa,on the 9th day of May,2011,at 5:30 p.m.Bid proposals will be acted upon at that time or at such time as may then be fixed. Signed Notice is hereby given that the Council of the City of Waterloo will conduct a public hearing on the proposed specifications, bid document.,etc.for the Purchase of One(1)Current Model Year Trailer --� Mounted Crack-Sealer Unit With Heated �- Wand at5:30p.m.on May 9,2011,inthe Subscribed and sworn to before me this Council Chambers in the City Hall in the City of Waterloo,Iowa. The proposed bid form is on file in the office of the City Clerk for public examination. A bid doc- Day of A.D., 20, // ument may be obtained from the Super- intendent of Central Garage,1314 Black f,p r �" e G�"1�['� Hawk Street,Waterloo,Iowa,50703. �* + J Ali-NNE Anyone who is interested may appear at COMMISSION NO.761976 said time and place and be heard or mayfil �, �; a M ff 'S"I O.761 ES Cityit writtenH Waterloo,obje With the, efo aC the YH} rjf �---- d Hall, saidea Iowa,before the date set for said hearing. By order of the Council of the City of We- NotaryPublic terloo this 25th day of April,2011. Suzy Schares City Clerk Received of the sum of Dollars. In full for publication of the above notice. One (1) Current Model Year Trailer Mounted Crack-Sealer Unit with Heated Wand May 9, 2011 Bid Tab Engineer's Estimate: $45,000.00 Bid Bond Not Required Bidder Bid Amount Logan Contractors Supply, Inc. 3 7 670, Cr-'7 4101 106ih Street ? Des Moines, Iowa 50322 �{ j , Star Equipment Ltd. y 2950 6th Street SW �� Cedar Rapids, Iowa 52404 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-371 RESOLUTION CONFIRMING APPROVAL OF 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 Public Works Director 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 Public Works Director did file said preliminary 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, which were preliminarily approved by Resolution No. 2011-337 on April 25, 2011, and WHEREAS, a public hearing, upon notice, was held on May 9, 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 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, approved as filed. PASSED AND ADOPTED this 9th day of May, 2011 . 6,4646411- aci, Er est rk, ayor ATTEST: I 5.)) S1- G.SZ sf� Suzy Sch res, CMC City Clerk I, l This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-372 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE PURCHASE OF ONE (1) CURRENT MODEL YEAR TRAILER MOUNTED CRACK- SEALER UNIT WITH HEATED WAND. WHEREAS, by Resolution No. 2011-371, specifications, bid document, form of contract, etc. , in conjunction with the purchase of One (1) 2011 Current Model Year Trailer Mounted Crack-Sealer Unit with Heated Wand, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on May 9, 2011 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said purchase proceed in accordance with said specifications. PASSED AND ADOPTED this 9th day of May, 2011 . /2"4-612-17 44-1417 Ernest G. Clark, Mayor ATTEST: uzy Sch res, CMC City Cle k urn 1 CITY OF WATERLOO , IOWA �t. �I►, �ir COMMUNITY PLANNING AND DEVELOPMENT 'L ." 1 Mu'berry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 44 /1oo Na N mt(t' t.C ANDERSON,Carnuriry Plm n !A'nv k w!opnient 1)irectnr CITY OF WATERLOO Mayor �J y7 5/919/0 BUCK C.LARK Council Communication COUNCU City Council Meeting: April 25, 2011 MEMBERS Prepared: April 19, 2011 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 DAVI1 D JONES Ward l 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 CAROLYN Alexandria Drive to D & J Investments Inc. for $10,970.61, plus costs. COLE Ward 2 Submitted by: Noel Anderson, Community Planning & Development Director HAROLD GE,TTY Recommended City Council Action: We ask that the City Council set a date of ward 3 public hearing and publish an official notice pertinent to the vacate, sale and QUENTIN conveyance of land as described in the attached legal description, and authorize the HART Mayor and City Clerk to sign and fully execute any necessary documents. tv,,,d 4 RON Summary Statement: Peters Construction, on behalf of Dan Deery Chrysler-Jeep- WEI.PER 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' Hori portion of a larger city parcel used for drainage purposes. City staff has examined GREENWOOD the area requested for sale and has recommend its approval, as it will not adversely Al Large impact the drainage needs for the area. srEv1. Staff calculated thepriceper square foot of abuttingland to the site, and it averages sclllv�tlTT q 9 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 CITY W1 BSI'I E_ www.ci,waterioct WE'REWORKINGIORYOU' .a,'„ti An Equal Opportunity/AHi rnanve Action Employer 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. iI♦ APR 1 u 7011 C�=�,,, i April 19, 2011 PETERS RIO0 CONSTRUCTION City N tv I Anderson 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 www.petersconstruction.com fAji ,yea f� MBI { City of Waterloo Planning& Zoning Department 715 Mulberry Street,Waterloo, Iowa 50703 (319)291-4366 U Offer to Vacate and Purchase City Right-of-Way ❑ 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 Vi 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 a 1 o f structio as the reason for the request. / / +7 /9 goi/ wir- App i c nt r Dan Deery Date April 19, 2011 Parcel "L" Legal Description 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 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. s it i I 1 10-!'!...) . to T I I1 . 43 b ' ,. G I I C in = ': M h r co � � nta --0 a as A g y PaCr \ ° -1:4: U 0 I N a -P r, 1.A ,- 4 2 , �r , � U q„, o �._ N S NI y o ~ y Q � N 11, U hiVI ti t` hi r4 H ay III H H thi 1a 3 o N ri o• -- SE'0017 ALEXf}JJ© R OR. 00 CD N O O N STATE OF IOWA, } Black Hawk County, SS I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing SC D&J Investments Inc. 3900 Alexandria NOTICE OF PUBLIC HEARING Notice was published in the Courier, a daily TO WHOM IT MAY CONCERN: printed in Waterloo, Black Hawk County, Notice is hereby given that on the 9th publicationIowa, Y day of May,2011,at 5:30 p.m.,in the 1 time commencing on the 5th day of May, Council Chambers in the City Hall in the City of Waterloo,Iowa,a public hearing will be held by the Council of the City of 2011 in the name of said newspaper, and that the Waterloo,Iowa,on the proposal to sell and convey 2,829 square feet of city- annexed legal rate of advertised is the regular rate of owned property abutting 3900 Alexan- dria Drive,to D&J Investments Inc., said newspaper, and that the following is a correct bill described as follows: Parcel"L" for publishing said notice. A part of the Southwest Quarter(SW%) t' D of Section 2,Township 88 North,Range 13 West of the.Fifth Principal Meridian, ^�Waterloo,Black Hawk County,Iowa,de- scribed as follows: Printer's Bill $27.78 .7 Commencing at the Northeast Corner of Lot 4,Southtown,Waterloo,Black Hawk n the y,Iowa,said corner also being ./� `ham,]-J/-� the Southeast corner of a tract of land tv_`.�l+L� described in Land Deeds Book 560 at G-4w,__ Page 140;thence N 00 17'30"E along O ,.,7 the West line of Alexandra Drive 100.00 Signed 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 /°-j Northeast corner of Parcel K,as record- ed in Doc.#2010-020036;thence S 00 Subscribed and sworn to before me this 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 Day off/47/ A:D., 20 11 continuing S 89 26'30"W 288.88 feet to the Southwesterly extension of the -. q-7 Southeasterly right-of-way of East San o SUE �, gy Marnan Drive;thence N 49 56'09"E m 15.72 feet along said right-of-way exten- ,� ' r COW M(3S(a"-N NO.761976 sion to the Southwest corner of a tract of a r MY t�0ryp�(I S O EXPIRES land described in Land Deeds Book 568 C tww• d at Page 728;thence N 89 26'30"W 4 r •"'� s 276.90 feet along the South line of the Notary Public 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 Received of 17'30"W 10.00 feet along the West line of said Parcel"K"to the point of begin- ning,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. Anyone who is interested may appear at said time and place and be heard or may the sum of 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. Dollars. Suzy Scharer City Clerk In full for publication of the above notice. ORDINANCE NO. 5045 ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, BY ADDING SUBSECTION NO. 419 TO SECTION 2A-5, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That Section 2A-5, of Ordinance No. 2479, as amended, be further amended by adding after Subsection No. 418, of said Section, the following Subsection No. Four Hundred Nineteen (419) . "419. 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 zoned on the Zoning Map of Waterloo, Iowa, approximately 1 . 63 acres as "R-3" Multiple Residence District, be and the same is hereby zoned as "R-1,R-P" Planned Residence District, as above described, subject to the following conditions : 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 . " Section 2 . That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: May 9, 2011 PASSED 1st CONSIDERATION: May 9, 2011 PASSED 2nd CONSIDERATION: May 9, 2011 PASSED 3rd CONSIDERATION: May 9, 2011 a Ordinance No. 5045 Page 2 PASSED AND ADOPTED this 9th day of May, 2011 . .C% 5 /• Aei Ernest G. Clark, Mayor ATTEST: Suzy S _ res,I CMC kr&rs.� City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5045 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 9th day of May, 2011 . Witness my hand and seal of office this 9th day of May, 2011. ---"Ucue_c_c) SEAL uzy ch res, CMC City Clerk S ip „ki''�.�, CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo.Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 �4rl o CI NOP I-.C.ANDERSON.Community Mummy&Oevelo ment)A r ; CITY OF WATERLOO 41!t or 5/0/f�it BUCK Council Communication 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: Set a date of hearing for approval of a Development Agreement for DAVID OFI Properties, LLC for the sale and conveyance of city-owned property, approximately 2.48 JONES acres of land, for the construction of a new 17,500 sq. ft. industrial building with a minimum Wan/1 taxable value of $510,000 on GT Drive in the Northeast Industrial Park. CAROLYN'N COLE. Submitted by: Noel Anderson, Community Planning & Development Director rVt>e2 Recommended City Council Action: Set date of hearing. HAROLD GETTY Summary Statement: The City of Waterloo developed the lots in the Northeast Industrial Park for industrial development. OFI Properties, which is Con-Trol, has previously built a QUENTIN 70,000 sq. ft. industrial building in this area and is working on this new building for HART expansion purposes. The additional building will allow for their continued growth and ti-t„e:f development in the industrial park. Con-Trol works heavily with John Deere, Ryder Dedicated Logistics, Gray Transportation, and other businesses in the area. RON WELTER The Cit of kMoti; y Waterloo t ypically 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 BOB room for additional development on this site. The agreement further calls for the reservation GREENWOOD of the lot to the north, a 2.75-acre parcel, for a period of 5 years as Con-Trol expects a At huge 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 Srrvl, development and Smart Growth for the City p of Waterloo. At-1,41g1 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. CITY WEBSI IE: www.ci!waterloo-ta us WE'RE WORKING FOR YOU! Equals;r=c. .. .t AnE q ppoRunity/A(firtnative Action Employer 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 •�4• - ' .,'-' "g+ �1 b, v PIaa1 Fn • - to I . e M � tj lmu % 111010111111 'L.'s'',:. .t. ) tl Wi m' &4 y feephoVie &.ck Wwk Ca i Y i.#J t,+x.� � s 'jail tki e « t S"• k��:�w �- . rf iiii , . , Iir.,... 4tms .rtar 0 _� ..,.. ,. , 1 .....„:„.::..i.:::,:.,..? ....,.. , .. k t, iin. 5 ..w.. E fi ILegendpp cuN- : f 4.4i Selected hospital ' % f4 m.mmo Ra . 1l 3Y q 6§ % k ft Nflll MAO. 1 #t . eS M 0' s a 42' 4r.Prating1 H narks `,,.41 r 3 0 x. tx tw, .wc , iFa,^�P3 'lit , R 'J".9 J, Towne*. y r' ,y-k1 y „�y,'�£i £ } whir - j T st-x f!,l*,'ir!T Parc.l. ' Ri91X.ofWlY GT�y 'El TOwrt.Nn £ kw. Y '°i a".3waxYf::, f,y Glbt,noc i ralbu0 mm rcnlm0_ 7 i" ze 'aRrv-"4. ..... 4�� % l 3'd4:d "11 'f' x , 4% '�k t % _ K q 'Y fFL .:"Z;:a ' 4 '" a rNs rrrykifi . ,11pp n y ` ° `u Y we Lu % la s`k a , z 'z,,1� L2 (4,, l; Ecr < .-, 0a 15t k,s ad na .comI ) 21MI . , Black Hawk County, Iowa Map Disclaimer This map does not represent a survey.No liability is assumed for the 16 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:auditor•co.black-hawk.ia.us.or• detailed lee al information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?S erviceName=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 OFI PROPERTIES, LLC By: Title: By: Title: STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) 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 OF! 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 ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2011, by , Assessor for Black Hawk County, Iowa. Notary Public STATE OF IOWA, } Black Hawk County, SS I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing Development Ag with OFI Properties-GT Drive Notice was published in the Courier, a daily NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: publication printed in Waterloo, Black Hawk County, 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 Iowa, 1 time commencing on the 5th day of May, City of held by Iowa,a 1public hearingyf 2011 in the name of said newspaper, and that the will be held by the Council of the City of Waterloo,Iowa,on a proposed Develop- ment Agreement with OFI Properties, annexed legal rate of advertised is the regular rate of LLC to sell and convey for$1.00 approx- imately 2.48 acres of land,generally said newspaper, and that the following is a correct bill located on GT Drive iiP the Northeast Industrial Park,for the purpose of for publishing said notice. construction of a new 17,500 sq.foot industrial building,legally described as follows: Lot 18,Northeast Industrial Park Plat Printer's Bill $12.15 No.3,all in the City of Waterloo,Black Hawk County,State of Iowa. Anyone who j tininterested 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. Signed By order of the Council of the City of Wa- terloo this 25th day of April,2011. Suzy Schares City Clerk Subscribed and sworn to before me this Day of A.D., 20 i! `'"4` SUE Al AMZ COMA iSSiOy NO.761976 ,5 t t3 EXPIRES Altar Notary Public Received of the sum of Dollars. In full for publication of the above notice. ti ORDINANCE NO. 5046 ORDINANCE AMENDING ORDINANCE NO. 2479, AS AMENDED, BY ADDING SUBSECTION NO. 420 TO SECTION 2A-5, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1 . That Section 2A-5, of Ordinance No. 2479, as amended, be further amended by adding after Subsection No. 419, of said Section, the following Subsection No. Four Hundred Twenty (420) . "420 . 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 zoned on the Zoning Map of Waterloo, Iowa, approximately 7 . 40 acres as "R-2" One and Two Family Residence District, be and the same is hereby zoned as "R-1, R-P" Planned Residence District, as above described, subject to the following conditions: 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. " Section 2 . That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. Ordinance No. 5046 Page 2 INTRODUCED: May 9, 2011 PASSED 1st CONSIDERATION: May 9, 2011 PASSED 2nd CONSIDERATION: May 9, 2011 PASSED 3rd CONSIDERATION: May 9, 2011 PASSED AND ADOPTED this 9th day of May, 2011 . 1xJ Ernest G. Clark, Mayor ATTEST: u43 zy`Sce CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5045 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 9th day of May, 2011 . Witness my hand and seal of office this 9th day of May, 2011. SEAL uzy cares, CMC City Clerk 6.0 RESOLUTION NO. 2011-373 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF 2, 829 SQUARE FEET OF CITY-OWNED LAND ABUTTING 3900 ALEXANDRA DRIVE FOR $10, 970 . 61, PLUS COSTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcels of real property in the sum of $10, 970 . 61, plus costs, has been made by D & J Investments, Inc. , and WHEREAS, a public hearing was held on May 9, 2011, at 5: 30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to D and J Investments, Inc. , and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS : 1 . The following described real property, as fully described in the published notice in the Waterloo Courier on May 5, 2011, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2 . That the offer of D and J Investments, Inc. to purchase real property for the sum of $10, 970 . 61, and costs, be and it is hereby accepted for real property described below: 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 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 Resolution No. 2011-373 Page 2 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. 3 . That the City of Waterloo, Iowa, convey said parcels of real property to D & J Investments, Inc. by deed. 4 . That the Mayor and City Clerk are hereby authorized to execute and deliver deed to D & J Investments, Inc. 5 . That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council. 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to D & J Investments, Inc. upon receipt of the sum of $10, 970 . 61, and costs. PASSED AND ADOPTED this 9th day o May, 2011 . Er e t G. C ark, ayor ATTEST: Suzy Shres, CMC City Clerk a This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-374 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF CITY-OWNED PROPERTY GENERALLY LOCATED ON GT DRIVE IN THE NORTHEAST INDUSTRIAL PARK TO OFI PROPERTIES, LLC, FOR $1 . 00, PLUS COSTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa, is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcel of real property in the sum of $1 . 00, plus costs, has been made by OFI Properties, LLC, and WHEREAS, a public hearing was held on May 9, 2011, at 5 : 30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to OFI Properties, LLC, and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1 . The following described real property, as fully described in the published notice in the Waterloo Courier on May 5, 2011, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2 . That the offer of OFI Properties, LLC to purchase real property for the sum of $1 . 00, and costs, be and it is hereby accepted for real property described below: Lot 18, Northeast Industrial Park Plat No. 3, all in the City of Waterloo, Black Hawk County, State of Iowa. 3 . That the City of Waterloo, Iowa convey said parcel of real property to OFI Properties, LLC by deed. 4 . That the Mayor and City Clerk are hereby authorized to execute and deliver deed to OFI Properties, LLC. 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council . 6 . That the City Clerk is authorized and directed to deliver said deed of conveyance to OFI Properties, LLC upon receipt of the sum of $1 . 00, and costs . Resolution No. 2011-374 Page 2 PASSED AND ADOPTED this 9th day of May, 2011 . .1441-41 i di Ernest G. Clark, Mayor ATTEST: uzy Sch res, CMC City Cler it This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-375 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH OFI PROPERTIES, LLC AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement dated May 9, 2011, to sell and convey for $1. 00, plus costs, approximately 2 . 48 acres of city- owned land 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, by and between OFI Properties, LLC 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 9th day of May, 2011 . Ernest G. Clark, Mayor ATTEST: uzzy Sc ares, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: May 9, 2011 Prepared: May 2, 2011 Dept. Head Signatur # of Attachments: SUBJECT: Resolution adopting Change 1 to the City of Waterloo Multi-Hazard Emergency Operations/Management Plan, dated Tune 2006 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: Expenditure Required Source of Funds Policy Issue: Alternative: Background Information: The City adopted an Emergency Management Plan in 2006. This Change to the plan will update City of Waterloo Elected Officials as well as departmental points of contact. Once approved, Black Hawk County Emergency Management Plan updates and City departmental re-distribution will be accomplished. PLAN ADMINSTRATION Adoption of Plan This Multi-Hazard Emergency Operations Plan has been adopted by the following administrative action. Mayor: (Signature) (Date) City Council Members: (Signature) (Date) (Signature) (Date) (Signature) (Date) • (Signature) (Date) (Signature) (Date) (Signature) (Date) (Signature) (Date) City Clerk: (Signature) (Date) Fire Chief: (Signature) (Date) Public Works / Public Utilities: (Signature) (Date) (Signature) (Date) Emergency Management Coordinator: (Signature) (Date) Plan Administration—1 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-376 RESOLUTION APPROVING CHANGE NO. 1 TO THE CITY OF WATERLOO MULTI-HAZARD EMERGENCY OPERATIONS PLAN. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that Change No. 1 to the City of Waterloo Multi-Hazard Emergency Operations Plan, be and the same is hereby approved. PASSED AND ADOPTED this 9th day of May, 2011. ,8 „'1?g G7eAb? Ernest G. Clark, Mayor ATTEST: y c ayes, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: May 9, 2011 Prepared: May 2, 2011 Dept. Head Signatur ---e.. - # of Attachments: SUBJECT: Resolution Approving Request to Piggyback from current open bid for one (1) 2012 Tandem Axle Dump Truck with snow plow and brine tank ��'' "�``��,, Submitted by: Mark Rice, Public Works Director � i� Cfi Uw6�'1 le1. 4, TA Recommended City Council Action: Approval Summary Statement: Request authorization to purchase from existing bid for 2012 Snow Control Tandem Truck. Expenditure Required: $131,884 Source of Funds: GO Bond Proceeds Policy Issue: Alternative: Background Information: Due to lead time of 5+ months for equipment, request authorization to piggyback from current bid for 2012 Tandem Axle Dump Truck with snow plow and brine tank. Concurrence on price with current bidders was received on 4/29/2011. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-377 RESOLUTION APPROVING RECOMMENDATION TO PIGGYBACK FROM THE CURRENT OPEN BID FROM HARRISON TRUCK CENTER OF ELK RUN HEIGHTS, IOWA, TO PURCHASE ONE (1) 2012 TANDEM AXEL DUMP TRUCK WITH SNOW PLOW AND BRINE TANK, IN THE AMOUNT OF $131, 884 . 00 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the request to piggyback from the current open bid from Harrison Truck Center of Elk Run Heights, Iowa, to purchase One (1) 2012 Tandem Axel Dump Truck with Snow Plow and Brine Tank, in the amount of $131, 884 . 00, described in the specifications heretofore adopted by this Council for said purchase, be and is hereby accepted. PASSED AND ADOPTED this 9th day of May, 2011 . 1$4"1— C774" Ernest G. Clark, Mayor ATTEST: Suzy Schar s, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: May 2, 2011 Prepared: April 29, 2011 Dept. Head Signature: C # of Attachments: SUBJECT: Library Boile r r Replacement Contrac t Amendment#1 p Submitted by: Craig Clark— Building Official Recommended City Council Action: Staff has reviewed this agreement and recommended Council approve this document and authorizes Mayor to sign and enter into said agreement. Summary Statement This agreement will amend contract agreement from 9/7/2010 for Library Boiler Replacement. This amendment will put in all necessary flow down language required by the Energy Efficiency and Conservation Block Grant Program. Expenditure Required No change in contract price. Source of Funds Policy Issue Alternative Background Information:At the time the original contract was signed, staff was unaware that this necessary flow down language needed to be included in the contract.All Federal flow down language was followed by said Contractor and the City of Waterloo in the work performed and will have no affect on the cost of the project. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-378 RESOLUTION APPROVING FIRST AMENDMENT TO CONTRACT WITH WBC MECHANICAL SERVICES OF WATERLOO, IOWA FOR LIBRARY BOILER REPLACEMENT SERVICES, AND DIRECTING EXECUTION OF SAID CONTRACT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the First Amendment to the original Contract dated September 7, 2010, be amended to include necessary flow down language required by the Energy Efficiency and Conservation Block Grant Program, attached as Exhibit "A", by and between WBC Mechanical Services 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 9th day of May, 2011 . rnest G. Clark, Mayor ATTEST: )L0 P',--Z) Suzy Scha es, CMC City Cler EXHIBIT "A" 031510 • SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM-FORMULA GRANTS Table of Contents SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM-FORMULA GRANTS 1 1. RESOLUTION OF CONFLICTING CONDITIONS 1 2. AWARD AGREEMENT TERMS AND CONDITIONS 2 3. AWARD PROJECT PERIOD AND BUDGET PERIODS 2 4. STAGED DISBURSEMENT OF FUNDS 2 5. PAYMENT PROCEDURES-ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS(ASAP)SYSTEM 3 6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION-COEXTENSIVE BUDGET PERIOD AND PROJECT PERIOD 3 7. COST SHARING FFRDC'S NOT INVOLVED 3 8. REBUDGETING AND RECOVERY OF INDIRECT COSTS 4 • 9. CEILING ON ADMINISTRATIVE COSTS 5 10. LIMITATIONS ON USE OF FUNDS 5 11. PRE-AWARD COSTS 5 12. USE OF PROGRAM INCOME-ADDITION 5 13. STATEMENT OF FEDERAL STEWARDSHIP 5 14. SITE VISITS 5 15. REPORTING REQUIREMENTS 6 16. PUBLICATIONS 6 17. FEDERAL,STATE,AND MUNICIPAL REQUIREMENTS 6 18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION 6 19. LOBBYING RESTRICTIONS 7 20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS- -SENSE OF CONGRESS 7 21. INSOLVENCY,BANKRUPTCY OR RECEIVERSHIP 7 22. NATIONAL ENVIRONMENTAL POLICY ACT(NEPA)REQUIREMENTS 7 23. DECONTAMINATION AND/OR DECOMMISSIONING(D&D)COSTS 8 24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009(MAY 2009) 8 25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT(MAY 2009) 11 26. REQUIRED USE OF AMERICAN IRON, STEEL,AND MANUFACTURED GOODS--SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009(MAY 2009) 12 27. REQUIRED USE OF AMERICAN IRON,STEEL,AND MANUFACTURED GOODS(COVERED UNDER INTERNATIONAL AGREEMENTS)-SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009(MAY 2009) 14 28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT(MAY 2009)17 29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS(MAY 2009) 17 30. DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT(NOV 2009) 18 31. HISTORIC PRESERVATION 24 ATTACHMENT 1-INTELLECTUAL PROPERTY PROVISIONS 26 SPECIAL TERMS AND CONDITIONS FOR THE ENERGY EFFICIENCY AND CONSERVATION BLOCK GRANT PROGRAM-FORMULA GRANTS 1. RESOLUTION OF CONFLICTING CONDITIONS Not Specified/Other 031510 Any apparent inconsistency between Federal statutes and regulations and the terms and conditions contained in this award must be referred to the DOE Award Administrator for guidance. 2. AWARD AGREEMENT TERMS AND CONDITIONS This award/agreement consists of the Grant and Cooperative Agreement cover page,plus the following: a. Special terms and conditions. b. Attachments: Attachment No. Title 1 Intellectual Property Provisions • 2 Project Activity Worksheet(s)are attached. If the Worksheet is for the Strategy, the grant will be amended to include additional Worksheets as activities are approved. 3 Federal Assistance Reporting Checklist 4 Budget Pages are attached. For Strategy,the SF-424A is attached,if it was included in the application. The grant will be amended to include additional Budget Pages as activities are approved. 5 Davis-Bacon Act Wage Determination(s),if applicable. For Strategy awards,the Wage Determination will be included when activities are approved. 6 Special Requirements,if applicable 7 SHPO Letter,if applicable c. Applicable program regulations: Title V,Subtitle E of the Energy Independence Security Act(EISA)of 2007,Public Law 110-14Q. d. DOE Assistance Regulations, 10 CFR Part 600 at http://ecfr.gpoaccess.gov and if the award is for research and to a university or non-profit,the Research Terms&Conditions and the DOE Agency Specific Requirements at http://www.nsf.gov/bfa/dias/policy/rtc/index.jsp. e. Application/proposal as approved by DOE. f. National Policy Assurances to Be Incorporated as Award Terms in effect on date of award at http://m anag em ent.energy.gov/business doe/I374.htm 3. AWARD PROJECT PERIOD AND BUDGET PERIODS The Project and Budget Periods for this award are concurrent for a 36-month period as indicated in Item No.7 of the Assistance Agreement Face Page. 4. STAGED DISBURSEMENT OF FUNDS 1 1 IF MARKED, THIS TERM IS APPLICABLE The total funding allocation for this award is shown in Block 13 of the Assistance Agreement Cover Page. However,funds will be released according to a staged disbursement schedule. All funds must be expended within 36 months of the effective date of the award. [ ] For Energy Efficiency Conservation Strategy(EECS)Only awards,funds in the amount of $[ ]is released to the Recipient to begin work on the EECS. The approved activities are listed in Attachment 2,Project Activity Worksheets. The remaining funds will be released for disbursement upon DOE approval of the EECS and amendment of the award to include the authorized Project Activity Worksheets. Not Specified/Other 2 031510 [ ] Funds in the amount of$[ ]is released to the Recipient to begin work on the activities listed in Attachment 2;Project Activity Worksheets. The remaining funds will be released for disbursement upon DOE approval of additional activities and amendment of the award to include the authorized Project Activity Worksheets. [ ] Funds in the amount of$[ ]is released to the Recipient to begin work on administrative duties pending resolution of problematic issues such as eligibility,technical issues,NEPA,historic preservation,budgetary items,or similar issues. The remaining funds will be released upon successful resolution of these issues and amendment of the award. 5. PAYMENT PROCEDURES-ADVANCES THROUGH THE AUTOMATED STANDARD APPLICATION FOR PAYMENTS(ASAP)SYSTEM f I IF MARKED, THIS TERM DOES NOT APPLY—SEE ATTACHMENT 6 a. Method of Payment. Payment will be made by advances through the Department of Treasury's ASAP system. b. Requesting Advances. Requests for advances must be made through the ASAP system.You may submit requests as frequently as required to meet your needs to disburse funds for the Federal share of project costs. If feasible,you should time each request so that you receive payment on the same day that you disburse funds for direct project costs and the proportionate share of any allowable indirect costs. If same- day transfers are not feasible,advance payments must be as close as is administratively feasible to actual disbursements. c. Adjusting payment requests for available cash. You must disburse any funds that are available from repayments to and interest earned on a revolving fund,program income,rebates,refunds,contract settlements,audit recoveries,credits,discounts,and interest earned on any of those funds before requesting additional cash payments from DOE/NNSA. d. Payments. All payments are made by electronic funds transfer to the bank account identified on the ASAP Bank Information Form that you filed with the U.S.Department of Treasury. 6. INCREMENTAL FUNDING AND MAXIMUM OBLIGATION-COEXTENSIVE BUDGET PERIOD AND PROJECT PERIOD APPLICABLE ONLY TO INCREMENTALLY FUNDED AWARDS This award is funded on an incremental basis. The maximum obligation of the DOE/NNSA is limited to the amount shown on the Agreement Face Page. You are not obligated to continue performance of the project beyond the total amount obligated and your pro rata share of the project costs,if cost sharing is required. Additional funding is contingent upon the availability of appropriated funds and substantial progress towards meeting the objectives of the award. 7. COST SHARING FFRDC'S NOT INVOLVED APPLICABLE ONLY IF COST SHARING IS INCLUDED IN THE AWARD. a. Total Estimated Project Cost is the sum of the Government share and Recipient share of the estimated project costs. The Recipient's cost share must come from non-Federal sources unless otherwise allowed by law. By accepting federal funds under this award,you agree that you are liable for your percentage share of total allowable project costs,on a budget period basis,even if the project is terminated early or is not funded to its completion. This cost is shared as follows: Not Specified/Other 3 031510 Budget Budget Government Share Recipient Share Total Estimated Cost Period Period Start $/% S/% No. Total Project b. If you discover that you may be unable to provide cost sharing of at least the amount identified in paragraph a of this article,you should immediately provide written notification to the DOE Award Administrator indicating whether you will continue or phase out the project. If you plan to continue the project,the notification must describe how replacement cost sharing will be secured. c. You must maintain records of all project costs that you claim as cost sharing,including in-kind costs,as well as records of costs to be paid by DOE/NNSA. Such records are subject to audit. d. Failure to provide the cost sharing required by this Article may result in the subsequent recovery by DOE/NNSA of some or all the funds provided under the award. 8. REBUDGETING AND RECOVERY OF INDIRECT COSTS THE APPLICABLE TERM IS MARKED BELOW. [ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS-REIMBURSABLE INDIRECT COSTS AND FRINGE BENEFITS a. If actual allowable indirect costs and fringe benefits are less than those budgeted and funded under the award,you may use the difference to pay additional allowable direct costs during the project period. If at the completion of the award the Government's share of total allowable costs(i.e.,direct, indirect,fringe benefits),is less than the total costs reimbursed,you must refund the difference. b. Recipients are expected to manage their indirect costs and fringe benefits. DOE will not amend an award solely to provide additional funds for changes in indirect costs and fringe benefits. DOE recognizes that the inability to obtain full reimbursement for indirect costs and fringe benefits means the recipient must absorb the underrecovery. Such underrecovery may be allocated as part of the organization's required cost sharing. [ ] REBUDGETING AND RECOVERY OF INDIRECT COSTS—REIMBURSABLE INDIRECT COSTS a. If actual allowable indirect costs are less than those budgeted and funded under the award,you may use the difference to pay additional allowable direct costs during the project period. If at the completion of the award the Government's share of total allowable costs(i.e.,direct and indirect),is less than the total costs reimbursed,you must refund the difference. b. Recipients are expected to manage their indirect costs. DOE will not amend an award solely to provide additional funds for changes in indirect cost rates. DOE recognizes that the inability to obtain full reimbursement for indirect costs means the recipient must absorb the underrecovery. Such underrecovery may be allocated as part of the organization's required cost sharing. c. The budget for this award includes indirect costs,but does not include fringe benefits. Therefore, fringe benefit costs shall not be charged to nor shall reimbursement be requested for this project nor shall the fringe benefit costs for this project be allocated to any other federally sponsored project. In addition,fringe benefit costs shall not be counted as cost share unless approved by the Contracting Officer. [X] REBUDGETING AND RECOVERY OF INDIRECT COSTS-INDIRECT COSTS AND FRINGE BENEFITS ARE NOT REIMBURSABLE Not Specified/Other 4 031510 • The budget for this award does not include indirect costs or fringe benefits. Therefore,these expenses shall not be charged to nor reimbursement requested for this project nor shall the fringe and indirect costs from this project be allocated to any other federally sponsored project In addition,indirect costs or fringe benefits shall not be counted as cost share unless approved by the Contracting Officer. 9. CEILING ON ADMINISTRATIVE COSTS a. Recipients may not use more than 10 percent of amounts provided under this program,or$75,000, whichever is greater(EISA Sec 545(b)(3)(A),for administrative expenses,excluding the costs of meeting the reporting requirements under Title V,Subtitle E of EISA. These costs should be captured and summarized for each activating under the Projected Costs Within Budget: Administration. b. Recipients are expected to manage their administrative costs. DOE will not amend an award solely to provide additional funds for changes in administrative costs. The Recipient shall not be reimbursed on this project for any final administrative costs that are in excess of the designated 10 percent administrative cost ceiling. In addition,the Recipient shall neither count costs in excess of the administrative cost ceiling as cost share,nor allocate such costs to other federally sponsored projects,unless approved by the Contracting Officer. 10. LIMITATIONS ON USE OF FUNDS a. Recipients may not use more than 20 percent or$250,000,whichever is greater(EISA Sec 545(b)(3)(B), for the establishment of revolving loan funds. b. Recipients may not use more than 20 percent or$250,000,whichever is greater(EISA Sec 545(b)(3)(C), for subgrants to nongovernmental organizations for the purpose of assisting in the implementation of the energy efficiency and conservation strategy of the eligible unit of local government. 11. PRE-AWARD COSTS APPLICABLE ONLY IF COMPLETE))BELOW. You are entitled to reimbursement for preaward costs for the period from[MonthDayYear]to[MonthDayYear] in accordance with your request dated[MonthDayYear] if such costs are allowable in accordance with the applicable Federal cost principles referenced in 10 CFR Part 600. 12. USE OF PROGRAM INCOME-ADDITION If you earn program income during the project period as a result of this award,you may add the program income to the funds committed to the award and use it to further eligible project objectives. 13. STATEMENT OF FEDERAL STEWARDSHIP DOE/NNSA will exercise normal Federal stewardship in overseeing the project activities performed under this award. Stewardship activities include,but are not limited to,conducting site visits;reviewing performance and financial reports;providing technical assistance and/or temporary intervention in unusual circumstances to correct deficiencies which develop during the project;assuring compliance with terms and conditions;and reviewing technical performance after project completion to ensure that the award objectives have been accomplished. 14. SITE VISITS DOE's authorized representatives have the right to make site visits at reasonable times to review project accomplishments and management control systems and to provide technical assistance,if required. You must provide,and must require your subawardees to provide,reasonable access to facilities,office space,resources, Not Specified/Other 5 031510 and assistance for the safety and convenience of the government representatives in the performance of their duties. All site visits and evaluations must be performed in a manner that does not unduly interfere with or delay the work. 15. REPORTING REQUIREMENTS a. Requirements. The reporting requirements for this award are identified on the Federal Assistance Reporting Checklist,DOE F 4600.2,attached to this award. Failure to comply with these reporting requirements is considered a material noncompliance with the terms of the award. Noncompliance may result in withholding of future payments,suspension,or termination of the current award,and withholding of future awards. A willful failure to perform,a history of failure to perform,or unsatisfactory performance of this and/or other financial assistance awards,may also result in a debarment action to preclude future awards by Federal agencies. b. Dissemination of scientific/technical reports. Scientific/technical reports submitted under this award will be disseminated on the Internet via the DOE Information Bridge(www.osti.gov/bridge),unless the report contains patentable material,protected data,or SBIR/STTR dots Citations for journal articles c. produced under the award will appear on the DOE Energy Citations Database (www.osti.gov/energvcitations). d. Restrictions.Reports submitted to the DOE Information Bridge must not contain any Protected Personal Identifiable Information(PII),limited rights data(proprietary data),classified information,information subject to export control classification,or other information not subject to release. 16. PUBLICATIONS a. You are encouraged to publish or otherwise make publicly available the results of the work conducted under the award. b. An acknowledgment of Federal support and a disclaimer must appear in the publication of any material, whether copyrighted or not,based on or developed under this project,as follows: Acknowledgment: "This material is based upon work supported by the Department of Energy under Award Number DE-SC0003335." Disclaimer: "This report was prepared as an account of work sponsored by an agency of the United States Government. Neither the United States Government nor any agency thereof,nor any of their employees, makes any warranty,express or implied,or assumes any legal liability or responsibility for the accuracy, completeness,or usefulness of any information,apparatus,product,or process disclosed,or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product, process,or service by trade name,trademark,.manufacturer,or otherwise does not necessarily constitute or imply its endorsement,recommendation,or favoring by the United States Government or any agency thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Government or any agency thereof." 17. FEDERAL,STATE,AND MUNICIPAL REQUIREMENTS You must obtain any required permits and comply with applicable federal,state,and municipal laws,codes,and regulations for work performed under this award. 18. INTELLECTUAL PROPERTY PROVISIONS AND CONTACT INFORMATION a. The intellectual property provisions applicable to this award are provided as an attachment to this award or are referenced on the Agreement Face Page. A list of all intellectual property provisions may be found at Not Specified/Other 6 031510 http://www.gc.doe.zov/financial assistance awards.htm. b. Questions regarding intellectual property matters should be referred to the DOE Award Administrator and the Patent Counsel designated as the service provider for the DOE office that issued the award. The IP Service Providers List is found at http://www.gc.doe.gov/documents/Intellectual Property (IP) Service Providers for Acquisition.pdf 19. LOBBYING RESTRICTIONS By accepting funds under this award,you agree that none of the funds obligated on the award shall be expended,directly or indirectly,to influence congressional action on any legislation or appropriation matters pending before Congress,other than to communicate to Members of Congress as described in 18 U.S.C. 1913. This restriction is in addition to those prescribed elsewhere in statute and regulation. 20. NOTICE REGARDING THE PURCHASE OF AMERICAN-MADE EQUIPMENT AND PRODUCTS— SENSE OF CONGRESS It is the sense of the Congress that,to the greatest extent practicable,all equipment and products purchased with funds made available under this award should be American-made. 21. INSOLVENCY,BANKRUPTCY OR RECEIVERSHIP a. You shall immediately notify the DOE of the occurrence of any of the following events:(i)you or your parent's filing of a voluntary case seeking liquidation or reorganization under the Bankruptcy Act;(ii)your consent to the institution of an involuntary case under the Bankruptcy Act against you or your parent;(iii) the filing of any similar proceeding for or against you or your parent,or its consent to,the dissolution, winding-up or readjustment of your debts,appointment of a receiver,conservator,trustee,or other officer with similar powers over you,under any other applicable state or federal law;or(iv)your insolvency due to your inability to pay your debts generally as they become due. b. Such notification shall be in writing and shall: (i)specifically set out the details of the occurrence of an event referenced in paragraph a;(ii)provide the facts surrounding that event;and(iii)provide the impact such event will have on the project being funded by this award. c. Upon the occurrence of any of the four events described in the first paragraph,DOE reserves the right to conduct a review of your award to determine your compliance with the required elements of the award (including such items as cost share,progress towards technical project objectives,and submission of required reports). If the DOE review determines that there are significant deficiencies or concerns with your performance under the award,DOE reserves the right to impose additional requirements,as needed, including(i)change your payment method;or(ii)institute payment controls. d. Failure of the Recipient to comply with this provision may be considered a material noncompliance of this financial assistance award by the Contracting Officer. 22. NATIONAL ENVIRONMENTAL POLICY ACT(NEPA)REQUIREMENTS You are restricted from taking any action using Federal funds,which would have an adverse effect on the environment or limit the choice of reasonable alternatives prior to DOE/NNSA providing either a NEPA clearance or a final NEPA decision regarding this project. Prohibited actions include any action supporting activities not approved and listed on Attachment 2.to this assistance agreement. This restriction does not preclude you from activities in support of I.)Waterloo Public Library boilers replacement,2.)Public Market window replacement and insulation,3.)fire station window replacement,and 4.)installation of city buildings smart controls. Historic Preservation Clause 31 (below),and Attachment 7"ARRA SHPO Letter"applies. Not Specified/Other 7 031510 If you move forward with activities that are not authorized for federal funding by the DOE Contracting Officer in advance of the final NEPA decision,you are doing so at risk of not receiving federal funding and such costs may not be recoy.ized as allowable cost share. If this award includes construction activities,you must submit an environmental evaluation report/evaluation notification form addressing NEPA issues prior to DOE/NNSA initiating the NEPA process. 23. DECONTAMINATION AND/OR DECOMMISSIONING(D&D)COSTS Notwithstanding any other provisions of this Agreement,the Government shall not be responsible for or have any obligation to the recipient for(i)Decontamination and/or Decommissioning(D&D)of any of the recipient's facilities,or(ii)any costs which may be incurred by the recipient in connection with the D&D of any of its facilities due to the performance of the work under this Agreement,whether said work was performed prior to or subsequent to the effective date of this Agreement. 24. SPECIAL PROVISIONS RELATING TO WORK FUNDED UNDER AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009(MAY 2009) Preamble The American Recovery and Reinvestment Act of 2009,Pub.L. 111-5,(Recovery Act)was enacted to preserve and create jobs and promote economic recovery,assist those most impacted by the recession,provide investments needed to increase economic efficiency by spurring technological advances in science and health, invest in transportation,environmental protection,and other infrastructure that will provide long-term economic benefits,stabilize State and local government budgets,in order to minimize and avoid reductions in essential services and counterproductive State and local tax increases. Recipients shall use grant funds in a manner that maximizes job creation and economic benefit. The Recipient shall comply with all terms and conditions in the Recovery Act relating generally to governance, accountability,transparency,data collection and resources as specified in Act itself and as discussed below. Recipients should begin planning activities for their first tier subrecipients,including obtaining a DUNS number (or updating the existing DUNS record),and registering with the Central Contractor Registration(CCR). Be advised that Recovery Act funds can be used in conjunction with other funding as necessary to complete projects,but tracking and reporting must be separate to meet the reporting requirements of the Recovery Act and related guidance. For projects funded by sources other than the Recovery Act,Contractors must keep separate records for Recovery Act funds and to ensure those records comply with the requirements of the Act. The Government has not fully developed the implementing instructions of the Recovery Act,particularly concerning specific procedural requirements for the new reporting requirements. The Recipient will be provided these details as they become available. The Recipient must comply with all requirements of the Act. If the recipient believes there is any inconsistency between ARRA requirements and current award terms and conditions,the issues will be referred to the Contracting Officer for reconciliation. Definitions For purposes of this clause,Covered Funds means funds expended or obligated from appropriations under the American Recovery and Reinvestment Act of 2009,Pub.L. 111-5. Covered Funds will have special accounting codes and will be identified as Recovery Act funds in the grant,cooperative agreement or TIA and/or modification using Recovery Act funds. Covered Funds must be reimbursed by September 30,2015. Non-Federal employer means any employer with respect to covered funds—the contractor,subcontractor, grantee,or recipient,as the case may be,if the contractor,subcontractor,grantee,or recipient is an employer; and any professional membership organization,certification of other professional body,any agent or licensee of Not Specified/Other 8 031510 the Federal government,or any person acting directly or indirectly in the interest of an employer receiving covered funds;or with respect to covered funds received by a State or local government,the State or local government receiving the funds and any contractor or subcontractor receiving the funds and any contractor or subcontractor of the State or local government;and does not mean any department,agency,or other entity of the federal government. Recipient means any entity that receives Recovery Act funds directly from the Federal government(including Recovery Act funds received through grant,loan,or contract)other than an individual and includes a State that receives Recovery Act Funds. Special Provisions A. Flow Down Requirement Recipients must include these special terms and conditions in any subaward. B. Segregation of Costs Recipients must segregate the obligations and expenditures related to funding under the Recovery Act. Financial and accounting systems should be revised as necessary to segregate,track and maintain these funds apart and separate from other revenue streams. No part of the funds from the Recovery Act shall be commingled with any other funds or used for a purpose other than that of making payments for costs allowable for Recovery Act projects. Prohibition on Use of Funds None of the funds provided under this agreement derived from the American Recovery and Reinvestment Act of 2009,Pub.L. 111-5,may be used by any State or local government,or any private entity,for any casino or other gambling establishment,aquarium,zoo,golf course,or swimming pool. C. Access to Records With respect to each financial assistance agreement awarded utilizing at least some of the funds appropriated or otherwise made available by the American Recovery and Reinvestment Act of 2009,Pub. L. 111-5, any representative of an appropriate inspector general appointed under section 3 or 8G of the Inspector General Act of 1988(5 U.S.C.App.)or of the Comptroller General is authorized— (1) to examine any records of the contractor or grantee,any of its subcontractors or subgrantees,or any State or local agency administering such contract that pertain to,and involve transactions relation to, the subcontract,subcontract,grant,or subgrant;and (2) to interview any officer or employee of the contractor,grantee,subgrantee,or agency regarding such transactions. D. Publication An application may contain technical data and other data,including trade secrets and/or privileged or confidential information,which the applicant does not want disclosed to the public or used by the Government for any purpose other than the application. To protect such data,the applicant should specifically identify each page including each line or paragraph thereof containing the data to be protected and mark the cover sheet of the application with the following Notice as well as referring to the Notice on each page to which the Notice applies: Notice of Restriction on Disclosure and Use of Data The data contained in pages----of this application have been submitted in confidence and contain trade Not Specified/Other 9 031510 • secrets or proprietary information,and such data shall be used or disclosed only for evaluation purposes, provided that if this applicant receives an award as a result of or in connection with the submission of this application,DOE shall have the right to use or disclose the data here to the extent provided in the award. This restriction does not limit the Government's right to use or disclose data obtained without restriction from any source,including the applicant. Information about this agreement will be published on the Internet and linked to the website www.recovery.gov,maintained by the Accountability and Transparency Board. The Board may exclude posting contractual or other information on the website on a case-by-case basis when necessary to protect national security or to protect information that is not subject to disclosure under sections 552 and 552a of title 5,United States Code. E. Protecting State and Local Government and Contractor Whistleblowers The requirements of Section 1553 of the Act are summarized below. They include,but are not limited to: Prohibition on Reprisals: An employee of any non-Federal employer receiving covered funds under the American Recovery and Reinvestment Act of 2009,Pub.L. 111-5,may not be discharged,demoted,or otherwise discriminated against as a reprisal for disclosing,including a disclosure made in the ordinary course of an employee's duties,to the Accountability and Transparency Board,an inspector general,the Comptroller General,a member of Congress,a State or Federal regulatory or law enforcement agency,a person with supervisory authority over the employee(or other person working for the employer who has the authority to investigate,discover or terminate misconduct,a court or grant jury,the head of a Federal agency,or their representatives information that the employee believes is evidence of: • gross management of an agency contract or grant relating to covered funds; • a gross waste of covered funds • a substantial and specific danger to public health or safety related to the implementation or use of covered funds; • an abuse of authority related to the implementation or use of covered funds;or • as violation of law,rule,or regulation related to an agency contract(including the competition for or negotiation of a contract)or grant,awarded or issued relating to covered funds. Agency Action: Not later than 30 days after receiving an inspector general report of an alleged reprisal,the head of the agency shall determine whether there is sufficient basis to conclude that the non-Federal employer has subjected the employee to a prohibited reprisal. The agency shall either issue an order denying relief in whole or in part or shall take one or more of the following actions: • Order the employer to take affirmative action to abate the reprisal. • Order the employer to reinstate the person to the position that the person held before the reprisal, together with compensation including back pay,compensatory damages,employment benefits,and other terms and conditions of employment that would apply to the person in that position if the reprisal had not been taken. • Order the employer to pay the employee an amount equal to the aggregate amount of all costs and expenses(including attorneys'fees and expert witnesses'fees)that were reasonably incurred by the employee for or in connection with,bringing the complaint regarding the reprisal,as determined by the head of a court of competent jurisdiction. Nonenforceablity of Certain Provisions Waiving Rights and remedies or Requiring Arbitration: Except as provided in a collective bargaining agreement,the rights and remedies provided to aggrieved employees by this section may not be waived by any agreement,policy,form,or condition of employment,including any predispute arbitration agreement. No predispute arbitration agreement shall be valid or enforceable if it requires arbitration of a dispute arising out of this section. Requirement to Post Notice of Rights and Remedies: Any employer receiving covered funds under the American Recovery and Reinvestment Act of 2009,Pub.L. 111-5,shall post notice of the rights and remedies as required therein.(Refer to section 1553 of the American Recovery and Reinvestment Act of 2009,Pub.L. 111-5,www.Recovery.gov,for specific requirements of this section and prescribed language Not Specified/Other 10 031510 for the notices.). F. _Request for Reimbursement Reserved G. False Claims Act Recipient and sub-recipients shall promptly refer to the DOE or other appropriate Inspector General any credible evidence that a principal,employee,agent,contractor,sub-grantee,subcontractor or other person has submitted a false claim under the False Claims Act or has committed a criminal or civil violation of laws pertaining to fraud,conflict or interest,bribery,gratuity or similar misconduct involving those funds. H. Information in supporting of Recovery Act Reporting Recipient may be required to submit backup documentation for expenditures of funds under the Recovery Act including such items as timecards and invoices. Recipient shall provide copies of backup documentation at the request of the Contracting Officer or designee. I. Availability of Funds Funds appropriated under the Recovery Act and obligated to this award are available for reimbursement of costs until September 30,2015. J. Additional Funding Distribution and Assurance of Appropriate Use of Funds Applicable if award is to a State Government or an Agency Certification by Governor—Not later than April 3,2009,for funds provided to any State or agency thereof by the American Reinvestment and Recovery Act of 2009,Pub.L. 111-5,the Governor of the State shall certify that: 1)the state will request and use funds provided by the Act;and 2)the funds will be used to create jobs and promote economic growth. Acceptance by State Legislature—If funds provided to any State in any division of the Act are not accepted for use by the Governor,then acceptance by the State legislature,by means of the adoption of a concurrent resolution,shall be sufficient to provide funding to such State. Distribution—After adoption of a State legislature's concurrent resolution,funding to the State will be for distribution to local governments,councils of government,public entities,and public-private entities within the State either by formula or at the State's discretion. K. Certifications With respect to funds made available to State or local governments for infrastructure investments under the American Recovery and Reinvestment Act of 2009,Pub.L. 111-5,the Governor,mayor,or other chief executive,as appropriate,certified by acceptance of this award that the infrastructure investment has received the full review and vetting required by law and that the chief executive accepts responsibility that the infrastructure investment is an appropriate use of taxpayer dollars. Recipient shall provide an additional certification that includes a description of the investment,the estimated total cost,and the amount of covered funds to be used for posting on the Internet. A State or local agency may not receive infrastructure investment funding from funds made available by the Act unless this certification is made and posted. 25. REPORTING AND REGISTRATION REQUIREMENTS UNDER SECTION 1512 OF THE RECOVERY ACT(MAY 2009) Not Specified/Other 11 031510 a. This award requires the recipient to complete projects or activities which are funded under the American Recovery and Reinvestment Act of 2009(Recovery Act)and to report on use of Recovery Act funds provided through this award.Information from these reports will be made available to the public. b. The reports are due no later than ten calendar days after each calendar quarter in which the recipient receives the assistance award funded in whole or in part by the Recovery Act. c. Recipients and their first-tier recipients must maintain current registrations in the Central Contractor Registration(http://www.ccr.gov)at all times during which they have active federal awards funded with Recovery Act funds.A Dun and Bradstreet Data Universal Numbering System(DUNS)Number (http://www.dnb.com)is one of the requirements for registration in the Central Contractor Registration. d. The recipient shall report the information described in section 1512(c)of the Recovery Act using the reporting instructions and data elements that will be provided online at http://www.FederalReporting.gov and ensure that any information that is pre-filled is corrected or updated as needed. 26. REQUIRED USE OF AMERICAN IRON,STEEL,AND MANUFACTURED GOODS—SECTION 1605 OF THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009(MAY 2009) THIS AWARD TERM IS APPLICABLE TO ANY RECOVERYACT FUNDS FOR CONSTRUCTION, ALTERATION,MAINTENANCE, OR REPAIR OFA PUBLIC BUILDING OR PUBLIC WORK AND THE TOTAL PROJECT VALUE IS ESTIMATED LESS THAN$7,443,000. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS a. Definitions.As used in this award term and condition-- (1) Manufactured good means a good brought to the construction site for incorporation into the building or work that has been— (i) Processed into a specific form and shape;or (ii) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. (2) Public building and public work means a public building of;and a public work of,a governmental entity(the United States;the District of Columbia;commonwealths,territories,and minor outlying islands of the United States;State and local governments;and multi-State,regional,or interstate entities which have governmental functions).These buildings and works may include,without limitation,bridges,dams,plants,highways,parkways,streets,subways,tunnels,sewers,mains,power lines,pumping stations,heavy generators,railways,airports,terminals,docks,piers,wharves,ways, lighthouses,buoys,jetties,breakwaters,levees,and canals,and the construction,alteration, maintenance,or repair of such buildings and works. (3) Steel means an alloy that includes at least 50 percent iron,between.02 and 2 percent carbon,and may include other elements. b. Domestic preference. (1) This award term and condition implements Section 1605 of the American Recovery and Reinvestment Act of 2009(Recovery Act)(Pub.L. 111-5),by requiring that all iron,steel,and manufactured goods used in the project are produced in the United States except as provided in paragraph(b)(3)and(b)(4) of this section and condition. (2) This requirement does not apply to the material listed by the Federal Government as follows: None [Award official to list applicable excepted materials or indicate"none"] Not Specified/Other 12 031510 (3) The award official may add other iron,steel,and/or manufactured goods to the list in paragraph(b)(2) of this section and condition if the Federal Government determines that-- (i) The cost of the domestic iron,steel,and/or manufactured goods would be unreasonable.The cost of domestic iron,steel,or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the cost of the overall project by more than 25 percent; (ii) The iron,steel,and/or manufactured good is not produced,or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality;or (iii)The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. c. Request for determination of inapplicability of Section 1605 of the Recovery Act. (1) (i)Any recipient request to use foreign iron,steel,and/or manufactured goods in accordance with paragraph(b)(3)of this section shall include adequate information for Federal Government valuation of the request,including— (A) A description of the foreign and domestic iron,steel,and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (B) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier;and (H) A detailed justification of the reason for use of foreign iron,steel,and/or manufactured goods cited in accordance with paragraph(b)(3)of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph(d)of this section. (iii) The cost of iron,steel,and/or manufactured goods material shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction,alteration,maintenance,or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated.If the recipient does not submit a satisfactory explanation,the award official need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration,maintenance,or repair that an exception to section 1605 of the Recovery Act applies,the award official will amend the award to allow use of the foreign iron,steel,and/or relevant manufactured goods.When the basis for the exception is nonavailability or public interest,the amended award shall reflect adjustment of the award amount,redistribution of budgeted funds,and/or other actions taken to cover costs associated with acquiring or using the foreign iron,steel,and/or relevant manufactured goods.When the basis for the exception is the unreasonable cost of the domestic iron,steel,or manufactured goods,the award official shall adjust the award amount or redistribute budgeted funds by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies,use of foreign iron,steel,and/or manufactured goods is noncompliant with section 1605 of the American Recovery and Reinvestment Act. d. Data. To permit evaluation of requests under paragraph(b)of this section based on unreasonable cost,the Recipient shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison Not Specified/Other 13 031510 Description Unit of Measure Quantity Cost (dollars)* Item I: Foreign steel,iron,or manufactured good Domestic steel,iron,or manufactured good Item 2: Foreign steel,iron,or manufactured good Domestic steel,iron,or manufactured good List name,address,telephone number,email address, and contact for suppliers surveyed.Attach copy of response;if oral,attach summary. Include other applicable supporting information. *Include all delivery costs to the construction site. 27. REQUIRED USE OF AMERICAN IRON,STEEL,AND MANUFACTURED GOODS(COVERED UNDER INTERNATIONAL AGREEMENTS)—SECTION 1605 OF ME AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009(MAY 2009) THIS AWARD TERM IS APPLICABLE TO ANY RECOVERY ACT FUNDS FOR CONSTRUCTION, ALTERATION,MAINTENANCE, OR REPAIR OFA PUBLIC BUILDING OR PUBLIC WORK WITHA TOTAL PROJECT VALUE OVER$7,443,000 THAT INVOLVES IRON,STEEL,AND/OR MANUFACTURED GOODS MATERIALS COVERED UNDER INTERNATIONAL AGREEMENTS. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. a. Definitions.As used in this award term and condition-- Designated country— (1) A World Trade Organization Government Procurement Agreement country(Aruba,Austria,Belgium, Bulgaria,Canada,Cyprus,Czech Republic,Denmark,Estonia,Finland,France,Germany,Greece, Hong Kong,Hungary,Iceland,Ireland,Israel,Italy,Japan,Korea(Republic of),Latvia,Liechtenstein, Lithuania,Luxembourg,Malta,Netherlands,Norway,Poland,Portugal,Romania,Singapore,Slovak Republic,Slovenia,Spain,Sweden,Switzerland,and United Kingdom; (2) A Free Trade Agreement(FTA)country(Australia,Bahrain,Canada,Chile,Costa Rica,Dominican Republic,El Salvador,Guatemala,Honduras,Israel,Mexico,Morocco,Nicaragua,Oman,Peru,or Singapore);or (3) A United States-European Communities Exchange of Letters(May 15, 1995)country:Austria, Belgium,Bulgaria,Cyprus,Czech Republic,Denmark,Estonia,Finland,France,Germany,Greece, Hungary,Ireland,Italy,Latvia,Lithuania,Luxembourg,Malta,Netherlands,Poland,Portugal, Romania,Slovak Republic,Slovenia,Spain,Sweden,and United Kingdom. Designated country iron,steel,and/or manufactured goods— (1) Is wholly the growth,product,or manufacture of a designated country;or (2) In the case of a manufactured good that consist in whole or in part of materials from another country, Not Specified/Other 14 031510 has been substantially transformed in a designated country into a new and different manufactured good distinct from the materials from which it was transformed. Domestic iron,steel,and/or manufactured good— (1) Is wholly the growth,product,or manufacture of the United States;or (2) In the case of a manufactured good that consists in whole or in part of materials from another country, has been substantially transformed in the United States into a new and different manufactured good distinct from the materials from which it was transformed.There is no requirement with regard to the origin of components or subcomponents in manufactured goods or products,as long as the manufacture of the goods occurs in the United States. Foreign iron,steel,and/or manufactured good means iron,steel and/or manufactured good that is not domestic or designated country iron,steel,and/or manufactured good. Manufactured good means a good brought to the construction site for incorporation into the building or work that has been-- (1) Processed into a specific form and shape;or (2) Combined with other raw material to create a material that has different properties than the properties of the individual raw materials. Public building and public work means a public building of,and a public work of,a governmental entity(the United States;the District of Columbia;commonwealths,territories,and minor outlying islands of the United States;State and local governments;and multi-State,regional,or interstate entities which have governmental functions).These buildings and works may include,without limitation,bridges,dams,plants,highways,parkways,streets,subways,tunnels,sewers,mains,power lines,pumping stations,heavy generators,railways,airports,terminals,docks,piers,wharves,ways, lighthouses,buoys,jetties,breakwaters,levees,and canals,and the construction,alteration, maintenance,or repair of such buildings and works. Steel means an alloy that includes at least 50 percent iron,between.02 and 2 percent carbon,and may include other elements. b. Iron,steel,and manufactured goods. (1) The award term and condition described in this section implements-- (i) Section I605(a)of the American Recovery and Reinvestment Act of 2009(Pub.L. 111-5) (Recovery Act),by requiring that all iron,steel,and manufactured goods used in the project are produced in the United States;and (ii) Section 1605(d),which requires application of the Buy American requirement in a manner consistent with U.S.obligations under international agreements.The restrictions of section 1605 of the Recovery Act do not apply to designated country iron,steel,and/or manufactured goods. The Buy American requirement in section 1605 shall not be applied where the iron,steel or manufactured goods used in the project are from a Party to an international agreement that obligates the recipient to treat the goods and services of that Party the same as domestic goods and services.This obligation shall only apply to projects with an estimated value of$7,443,000 or more. (2) The recipient shall use only domestic or designated country iron,steel,and manufactured goods in performing the work funded in whole or part with this award,except as provided in paragraphs(b)(3) and(b)(4)of this section. (3) The requirement in paragraph(b)(2)of this section does not apply to the iron,steel,and manufactured Not Specified/Other 15 031510 goods listed by the Federal Government as follows: None [Award official to list applicable excepted materials or indicate"none"' (4) The award official may add other iron,steel,and manufactured goods to the list in paragraph(b)(3)of this section if the Federal Government determines that-- (i) The cost of domestic iron,steel,and/or manufactured goods would be unreasonable.The cost of domestic iron,steel,and/or manufactured goods used in the project is unreasonable when the cumulative cost of such material will increase the overall cost of the project by more than 25 percent; (ii) The iron,steel,and/or manufactured good is not produced,or manufactured in the United States in sufficient and reasonably available commercial quantities of a satisfactory quality;or (iii)The application of the restriction of section 1605 of the Recovery Act would be inconsistent with the public interest. c. Request for determination of inapplicability of section 1605 of the Recovery Act or the Buy American Act. (1) (i) Any recipient request to use foreign iron,steel,and/or manufactured goods in accordance with paragraph(b)(4)of this section shall include adequate information for Federal Government evaluation of the request,including— (A) A description of the foreign and domestic iron,steel,and/or manufactured goods; (B) Unit of measure; (C) Quantity; (D) Cost; (E) Time of delivery or availability; (F) Location of the project; (G) Name and address of the proposed supplier;and (H) A detailed justification of the reason for use of foreign iron,steel,and/or manufactured goods cited in accordance with paragraph(b)(4)of this section. (ii) A request based on unreasonable cost shall include a reasonable survey of the market and a completed cost comparison table in the format in paragraph(d)of this section. (iii)The cost of iron,steel,or manufactured goods shall include all delivery costs to the construction site and any applicable duty. (iv) Any recipient request for a determination submitted after Recovery Act funds have been obligated for a project for construction,alteration,maintenance,or repair shall explain why the recipient could not reasonably foresee the need for such determination and could not have requested the determination before the funds were obligated.If the recipient does not submit a satisfactory explanation,the award official need not make a determination. (2) If the Federal Government determines after funds have been obligated for a project for construction, alteration,maintenance,or repair that an exception to section 1605 of the Recovery Act applies,the award official will amend the award to allow use of the foreign iron,steel,and/or relevant manufactured goods.When the basis for the exception is nonavailability or public interest,the amended award shall reflect adjustment of the award amount,redistribution of budgeted funds,and/or other appropriate actions taken to cover costs associated with acquiring or using the foreign iron,steel, and/or relevant manufactured goods..When the basis for the exception is the unreasonable cost of the domestic iron,steel,or manufactured goods,the award official shall adjust the award amount or redistribute budgeted funds,as appropriate,by at least the differential established in 2 CFR 176.110(a). (3) Unless the Federal Government determines that an exception to section 1605 of the Recovery Act applies,use of foreign iron,steel,and/or manufactured goods other than designated country iron,steel, and/or manufactured goods is noncompliant with the applicable Act. d. Data. To permit evaluation of requests under paragraph(b)of this section based on unreasonable cost,the Not Specified/Other 16 031510 applicant shall include the following information and any applicable supporting data based on the survey of suppliers: Foreign and Domestic Items Cost Comparison Description Unit of Quantity Cost Measure (dollars)* Item I: Foreign steel,iron,or manufactured good Domestic steel,iron,or manufactured good Item 2: Foreign steel,iron,or manufactured good Domestic steel,iron,or manufactured good List name,address,telephone number,email address,and contact for suppliers surveyed.Attach copy of response;if oral,attach summary. Include other applicable supporting information. *Include all delivery costs to the construction site. 28. WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT(MAY 2009) THIS AWARD TERM IS APPLICABLE TO RECOVERY ACT PROGRAMS OR ACTIVITIES THAT MAY INVOLVE CONSTRUCTION,ALTERATION,MAINTENANCE, OR REPAIR. THIS AWARD TERM ALSO APPLIES TO ALL SUBGRANTS AND CONTRACTS. a. Section 1606 of the Recovery Act requires that all laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to the Recovery Act shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with subchapter IV of chapter 31 of title 40,United States Code. Pursuant to Reorganization Plan No. 14 and the Copeland Act,40 U.S.C.3145,the Department of Labor has issued regulations at 29 CFR parts 1,3,and 5 to implement the Davis-Bacon and related Acts. Regulations in 29 CFR 5.5 instruct agencies concerning application of the standard Davis-Bacon contract clauses set forth in that section.Federal agencies providing grants,cooperative agreements,and loans under the Recovery Act shall ensure that the standard Davis-Bacon contract clauses found in 29 CFR 5.5(a)are incorporated in any resultant covered contracts that are in excess of$2,000 for construction,alteration or repair(including painting and decorating). b. For additional guidance on the wage rate requirements of section 1606,contact your awarding agency. Recipients of grants,cooperative agreements and loans should direct their initial inquiries concerning the application of Davis-Bacon requirements to a particular federally assisted project to the Federal agency funding the project.The Secretary of Labor retains final coverage authority under Reorganization Plan Number 14. 29. RECOVERY ACT TRANSACTIONS LISTED IN SCHEDULE OF EXPENDITURES OF FEDERAL AWARDS AND RECIPIENT RESPONSIBILITIES FOR INFORMING SUBRECIPIENTS(MAY 2009) a. To maximize the transparency and accountability of funds authorized under the American Recovery and Not Specified/Other 17 031510 Reinvestment Act of 2009(Pub.L. 111--5)(Recovery Act)as required by Congress and in accordance with 2 CFR 215.21 "Uniform Administrative Requirements for Grants and Agreements"and OMB Circular A-- 102 Common Rules provisions,recipients agree to maintain records that identify adequately the source and application of Recovery Act funds.OMB Circular A-102 is available at http://www.whitehouse.gov/omb/circulars/al02/a102.html b. For recipients covered by the Single Audit Act Amendments of 1996 and OMB Circular A--133,"Audits of States,Local Governments,and Non-Profit Organizations,"recipients agree to separately identify the expenditures for Federal awards under the Recovery Act on the Schedule of Expenditures of Federal Awards(SEFA)and the Data Collection Form(SF--SAC)required by OMB Circular A-133.OMB Circular A--133 is available at http://www.whitehouse.gov/omb/circulars/a133/a133.html.This shall be accomplished by identifying expenditures for Federal awards made under the Recovery Act separately on the SEFA,and as separate rows under Item 9 of Part III on the SF—SAC by CFDA number,and inclusion of the prefix"ARRA-"in identifying the name of the Federal program on the SEFA and as the first characters in Item 9d of Part III on the SF--SAC. c. Recipients agree to separately identify to each subrecipient,and document at the time of subaward and at the time of disbursement of funds,the Federal award number,CFDA number,and amount of Recovery Act funds.When a recipient awards Recovery Act funds for an existing program,the information furnished to subrecipients shall distinguish the subawards of incremental Recovery Act funds from regular subawards under the existing program. d. Recipients agree to require their subrecipients to include on their SEFA information to specifically identify Recovery Act funding similar to the requirements for the recipient SEFA described above.This information is needed to allow the recipient to properly monitor subrecipient expenditure of ARRA funds as well as oversight by the Federal awarding agencies,Offices of Inspector General and the Government Accountability Office. 30. DAVIS BACON ACT AND CONTRACT WORK HOURS AND SAFETY STANDARDS ACT(NOV 2009) THIS AWARD TERM IS APPLICABLE To ARRA A WARDS WHEN WAGE RATE REQUIREMENTS UNDER SECTION 1606 OF THE RECOVERY ACT TERM IS APPLICABLE. THIS AWARD TERM IS ALSO APPLICABLE TO SUBGRANTS AND CONTRACTS. Definitions:For purposes of this clause,Clause 30,Davis Bacon Act and Contract Work Hours and Safety Standards Act,the following definitions are applicable: (1)"Award"means any grant,cooperative agreement or technology investment agreement made with Recovery Act funds by the Department of Energy(DOE)to a Recipient. Such Award must require compliance with the labor standards clauses and wage rate requirements of the Davis-Bacon Act(DBA)for work performed by all laborers and mechanics employed by Recipients(other than a unit of State or local government whose own employees perform the construction)Subrecipients,Contractors,and subcontractors. (2)"Contractor"means an entity that enters into a Contract.For purposes of these clauses,Contractor shall include(as applicable)prime contractors,Recipients,Subrecipients,and Recipients'or Subrecipients' contractors,subcontractors,and lower-tier subcontractors."Contractor"does not mean a unit of State or local government where construction is performed by its own employees." (3)"Contract"means a contract executed by a Recipient,Subrecipient,prime contractor,or any tier subcontractor for construction,alteration,or repair.It may also mean(as applicable)(i)financial assistance instruments such as grants,cooperative agreements,technology investment agreements,and loans;and,(ii) Sub awards,contracts and subcontracts issued under financial assistance agreements."Contract"does not mean a financial assistance instrument with a unit of State or local government where construction is performed by its own employees. Not Specified/Other 18 031510 (4)"Contracting Officer"means the DOE official authorized to execute an Award on behalf of DOE and who is responsible for the business management and non-program aspects of the financial assistance process. (5)"Recipient"means any entity other than an individual that receives an Award of Federal funds in the form of a grant,cooperative agreement,or technology investment agreement directly from the Federal Government and is financially accountable for the use of any DOE funds or property,and is legally responsible for carrying out the terms and conditions of the program and Award. (6)"Subaward"means an award of financial assistance in the form of money,or property in lieu of money, made under an award by a Recipient to an eligible Subrecipient or by a Subrecipient to a lower-tier subrecipient.The term includes financial assistance when provided by any legal agreement,even if the agreement is called a contract,but does not include the Recipient's procurement of goods and services to carry out the program nor does it include any form of assistance which is excluded from the definition of "Award"above. (7)"Subrecipient"means a non-Federal entity that expends Federal funds received from a Recipient to carry out a Federal program,but does not include an individual that is a beneficiary of such a program. (a)Davis Bacon Act (1)Minimum wages. (i)All laborers and mechanics employed or working upon the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),will be paid unconditionally and not less often than once a week,and,without subsequent deduction or rebate on any account(except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act(29 CFR part 3)),the full amount of wages and bona fide fringe benefits(or cash equivalents thereof)due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof;regardless of any contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics. Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2)of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics,subject to the provisions of paragraph(a)(1)(iv)of this section;also, regular contributions made or costs incurred for more than a weekly period(but not less often than quarterly)under plans,funds,or programs which cover the particular weekly period,are deemed to be constructively made or incurred during such weekly period.Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed,without regard to skill,except as provided in§5.5(aX4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein,provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed.The wage determination(including any additional classification and wage rates conformed under paragraph(a)(1)(ii)of this section)and the Davis-Bacon poster(WH-1321)shall be posted at all times by the Contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers. (ii)(A)The Contracting Officer shall require that any class of laborers or mechanics,including helpers,which is not listed in the wage determination and which is to be employed under the Contract shall be classified in conformance with the wage determination.The Contracting Officer shall approve an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met: Not Specified/Other 19 031510 (1)The work to be performed by the classification requested is not performed by a classification in the wage determination; (2)The classification is utilized in the area by the construction industry;and (3)The proposed wage rate,including any bona fide fringe benefits,bears a reasonable relationship to the wage rates contained in the wage determination. (B)If the Contractor and the laborers and mechanics to be employed in the classification(if known),or their representatives,and the Contracting Officer agree on the classification and wage rate(including the amount designated for fringe benefits where appropriate),a report of the action taken shall be sent by the Contracting Officer to the Administrator of the Wage and Hour Division,U.S.Department of Labor,Washington,DC 20210.The Administrator,or an authorized representative,will approve,modify,or disapprove every additional classification action within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (C)In the event the Contractor,the laborers or mechanics to be employed in the classification or their representatives,and the Contracting Officer do not agree on the proposed classification and wage rate(including the amount designated for fringe benefits, where appropriate),the Contracting Officer shall refer the questions,including the views of all interested parties and the recommendation of the Contracting Officer,to the Administrator for determination.The Administrator,or an authorized representative,will issue a determination within 30 days of receipt and so advise the Contracting Officer or will notify the Contracting Officer within the 30-day period that additional time is necessary. (D)The wage rate(including fringe benefits where appropriate)determined pursuant to paragraphs(a)(1)(ii)(B)or(C)of this section,shall be paid to all workers performing work in the classification under this Contract from the first day on which work is performed in the classification. (iii)Whenever the minimum wage rate prescribed in the Contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate,the Contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof. (iv)If the Contractor does not make payments to a trustee or other third person,the Contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program,provided that the Secretary of Labor has found,upon the written request of the Contractor,that the applicable standards of the Davis-Bacon Act have been met.The Secretary of Labor may require the Contractor to set aside in a separate account assets for the meeting of obligations under the plan or program. (2)Withholding.The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld from the Contractor under this Contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements,which is held by the same prime contractor,so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics,including apprentices,trainees,and helpers,employed by the Contractor or any subcontractor the full amount of wages required by the Contract.In the event of failure to pay any laborer or mechanic,including any apprentice,trainee,or helper,employed or working on the site of the work(or under the United States Housing Act of 1937 or under the Housing Act of 1949 in the construction or development of the project),all or part of the wages required by the Contract,the Department of Energy,Recipient,or Subrecipient,may,after written notice to the Contractor,sponsor,applicant,or owner,take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds until such violations have ceased. Not Specified/Other 20 031510 (3)Payrolls and basic records. (i)Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work(or under the United States Housing Act of 1937,or under the Housing Act of 1949,in the construction or development of the project).Such records shall contain the name,address,and social security number of each such worker,his or her correct classification,hourly rates of wages paid(including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section 1(b)(2)(B)of the Davis-Bacon Act),daily and weekly number of hours worked, deductions made,and actual wages paid.Whenever the Secretary of Labor has found under 29 CFR 5.5(ax1)(iv)that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section 1(b)(2)(B)of the Davis- Bacon Act,the Contractor shall maintain records which show that the commitment to provide such benefits is enforceable,that the plan or program is financially responsible,and that the plan or program has been communicated in writing to the laborers or mechanics affected,and records which show the costs anticipated or the actual cost incurred in providing such benefits.Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs,the registration of the apprentices and trainees,and the ratios and wage rates prescribed in the applicable programs. (ii)(A)The Contractor shall submit weekly for each week in which any Contract work is performed a copy of all payrolls to the Department of Energy if the agency is a party to the Contract,but if the agency is not such a party,the Contractor will submit the payrolls to the Recipient or Subrecipient(as applicable), applicant,sponsor,or owner,as the case may be,for transmission to the Department of Energy.The payrolls submitted shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(aX3)(i),except that full social security numbers and home addresses shall not be included on weekly transmittals.Instead,the payrolls shall only need to include an individually identifying number for each employee(e.g.,the last four digits of the employee's social security number).The required weekly payroll information may be submitted in any form desired.Optional Form WH-347 is available for this purpose from the Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site.The prime Contractor is responsible for the submission of copies of payrolls by all subcontractors.Contractors and subcontractors • shall maintain the full social security number and current address of each covered worker,and shall provide them upon request to the Department of Energy if the agency is a party to the Contract,but if the agency is not such a party,the Contractor will submit them to the Recipient or Subrecipient(as applicable),applicant, sponsor,or owner,as the case may be,for transmission to the Department of Energy,the Contractor,or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements.It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records,without weekly submission to the sponsoring government agency(or the Recipient or Subrecipient (as applicable),applicant,sponsor,or owner). (B)Each payroll submitted shall be accompanied by a"Statement of Compliance,"signed by the Contractor or subcontractor or his or her agent who pays or supervises the payment of the persons employed under the Contract and shall certify the following: (1)That the payroll for the payroll period contains the information required to be provided under§ 5.5(a)(3Xii)of Regulations,29 CFR part 5,the appropriate information is being maintained under §5.5(a)(3)(i)of Regulations,29 CFR part 5,and that such information is correct and complete; (2)That each laborer or mechanic(including each helper,apprentice,and trainee)employed on the Contract during the payroll period has been paid the full weekly wages earned,without rebate, either directly or indirectly,and that no deductions have been made either directly or indirectly Not Specified/Other 21 031510 from the full wages earned,other than p *7nissible deductions as set forth in Regulations,29 CFR part 3; (3)That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed,as specified in the applicable wage determination incorporated into the Contract. (C)The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH-347 shall satisfy the requirement for submission of the"Statement of Compliance"required by paragraph(aX3)(ii)(B)of this section. (D)The falsification of any of the above certifications may subject the Contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 3729 of title 31 of the United States Code. (iii)The Contractor or subcontractor shall make the records required under paragraph(a)(3)(i)of this section available for inspection,copying,or transcription by authorized representatives of the Department of Energy or the Department of Labor,and shall permit such representatives to interview employees during working hours on the job.If the Contractor or subcontractor fails to submit the required records or to make them available,the Federal agency may,after written notice to the Contractor,sponsor,applicant,or owner, take such action as may be necessary to cause the suspension of any further payment,advance,or guarantee of funds.Furthermore,failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12. (4)Apprentices and trainees— (i)Apprentices.Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S.Department of Labor,Employment and Training Administration,Office of Apprenticeship Training,Employer and Labor Services,or with a State Apprenticeship Agency recognized by the Office,or if a person is employed in his or her first 90 days of probationary employment as an apprentice in such an apprenticeship program,who is not individually registered in the program,but who has been certified by the Office of Apprenticeship Training,Employer and Labor Services or a State Apprenticeship Agency(where appropriate)to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate,who is not registered or otherwise employed as stated above,shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.In addition,any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.Where a Contractor is performing construction on a project in a locality other than that in which its program is registered,the ratios and wage rates(expressed in percentages of the journeyman's hourly rate)specified in the Contractor's or subcontractor's registered program shall be observed.Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress,expressed as a percentage of the journeymen hourly rate specified in the • applicable wage determination.Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.If the apprenticeship program does not specify fringe benefits,apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification.If the Administrator determines that a different practice prevails for the applicable apprentice classification,fringes shall be paid in accordance with that determination.In the event the Office of Apprenticeship Training,Employer and Labor Services,or a State Apprenticeship Agency recognized by the Office,withdraws approval of an apprenticeship program,the Contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved. Not Specified/Other 22 031510 • (ii)Trainees.Except as provided in 29 CFR 5.16,trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval,evidenced by formal certification by the U.S. Department of Labor,Employment and Training Administration.The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training Administration.Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress,expressed as a percentage of the journeyman hourly rate specified in the applicable wage determination.Trainees shall be paid fringe benefits in accordance with the provisions of the trainee program.If the trainee program does not mention fringe benefits,trainees shall be paid the full amount of fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination which provides for less than full fringe benefits for apprentices.Any employee listed on the payroll at a trainee rate who is not registered and participating in a training plan approved by the Employment and Training Administration shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed.In addition,any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed.In the event the Employment and Training Administration withdraws approval of a training program,the Contractor will no longer be permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable program is approved. (iii)Equal employment opportunity.The utilization of apprentices,trainees,and journeymen under this part shall be in conformity with the equal employment opportunity requirements of Executive Order 11246,as amended and 29 CFR part 30. (5)Compliance with Copeland Act requirements.The Contractor shall comply with the requirements of 29 CFR part 3,which are incorporated by reference in this Contract. (6)Contracts and Subcontracts.The Recipient,Subrecipient,the Recipient's,and Subrecipient's contractors and subcontractor shall insert in any Contracts the clauses contained herein in(a)(1)through(10)and such other clauses as the Department of Energy may by appropriate instructions require,and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The Recipient shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of the paragraphs in this clause. (7)Contract termination:debarment.A breach of the Contract clauses in 29 CFR 5.5 may be grounds for termination of the Contract,and for debarment as a contractor and a subcontractor as provided in 29 CFR 5.12. (8)Compliance with Davis-Bacon and Related Act requirements.All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR parts 1,3,and 5 are herein incorporated by reference in this Contract. (9)Disputes concerning labor standards.Disputes arising out of the labor standards provisions of this Contract shall not be subject to the general disputes clause of this Contract.Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in 29 CFR parts 5,6,and 7.Disputes within the meaning of this clause include disputes between the Recipient,Subrecipient,the Contractor(or any of its subcontractors),and the contracting agency,the U.S.Department of Labor,or the employees or their representatives. (10)Certification of eligibility. (i)By entering into this Contract,the Contractor certifies that neither it(nor he or she)nor any person or firm who has an interest in the Contractor's firm is a person or firm ineligible to be awarded Government contracts by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (ii)No part of this Contract shall be subcontracted to any person or firm ineligible for award of a Government contract by virtue of section 3(a)of the Davis-Bacon Act or 29 CFR 5.12(a)(1). (iii)The penalty for making false statements is prescribed in the U.S.Criminal Code, 18 U.S.C. 1001. Not Specified/Other 23 031510 (b)Contract Work Hours and Safety Standards Act.As used in this paragraph,the terms laborers and mechanics include watchmen and guards. (1)Overtime requirements.No Contractor or subcontractor contracting for any part of the Contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2)Violation;liability for unpaid wages;liquidated damages.In the event of any violation of the clause set forth in paragraph(b)(1)of this section,the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages.In addition,such Contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or mechanic,including watchmen and guards,employed in violation of the clause set forth in paragraph(bx1)of this section,in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph(b)(1) of this section. (3)Withholding for unpaid wages and liquidated damages.The Department of Energy or the Recipient or Subrecipient shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld,from any moneys payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor,such sums as may be determined to be necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph(b)(2)of this section. (4)Contracts and Subcontracts.The Recipient,Subrecipient,and Recipient's and Subrecipient's contractor or subcontractor shall insert in any Contracts,the clauses set forth in paragraph(b)(1)through(4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The Recipient shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs(b)(1)through(4)of this section.The Contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the Contract for all laborers and mechanics,including guards and watchmen,working on the Contract. Such records shall contain the name and address of each such employee,social security number,correct classifications,hourly rates of wages paid,daily and weekly number of hours worked,deductions made,and actual wages paid.The records to be maintained under this paragraph shall be made available by the Contractor or subcontractor for inspection,copying,or transcription by authorized representatives of the Department of Energy and the Department of Labor,and the Contractor or subcontractor will permit such representatives to interview employees during working hours on the job. 31. HISTORIC PRESERVATION (Revised 3/17/10) Prior to the expenditure of Project funds to alter any historic structure or site,the Recipient or subrecipient shall ensure that it is compliant with Section 106 of the National Historic Preservation Act(NHPA), consistent with DOE's 2009 letter of delegation of authority regarding the NHPA. Section 106 applies to historic properties that are listed in or eligible for listing in the National Register of Historic Places. If applicable,the Recipient or subrecipient must contact the State Historic Preservation Officer(SHPO),and the Tribal Historic Preservation Officer(THPO)to coordinate the Section 106 review outlined in 36 CFR Part 800. In the event that a State,State SHPO and DOE enter into a Programmatic Agreement,the terms of that Programmatic Agreement shall apply to all recipient and subrecipient activities within that State. SHPO contact information is available at the following link: http://www.ncshno.org/find/index.htm. Not Specified/Other 24 031510 • • THPO contact information is available at the following link: htto://www.nathpo.org/map.html. Section 110(k)of the NHPA applies to DOE funded activities. The Recipient or subrecipient certifies that it will retain sufficient documentation to demonstrate that the Recipient or subrecipient has received required approval(s)from the SHPO or THPO for the Project. Recipients or subrecipients shall avoid taking any action that results in an adverse effect to historic properties pending compliance with Section 106. The Recipient or subrecipient shall deem compliance with Section 106 of the NHPA complete only after it has received this documentation. The Recipient or sub-recipient shall upon receipt forward a digital copy of all documentation to DOE relating to NHPA compliance. Recipient will be required to report annually on September 1 the disposition of all historic preservation consultations by category. Not Specified/Other 25 031510 ATTACHMENT 1—INTELLECTUAL PROPERTY PROVISIONS Intellectual Property Provisions(NRD-1003) Nonresearch and Development Nonprofit organizations are subject to the intellectual property requirements at 10 CFR 600.136(a),(c)and(d). All other organizations are subject to the intellectual property requirements at 10 CFR 600.136(a)and(c). 600.136 Intangible property. (a) Recipients may copyright any work that is subject to copyright and was developed,or for which ownership was purchased,under an award. DOE reserves a royalty-free,nonexclusive and irrevocable right to reproduce, publish or otherwise use the work for Federal purposes,and to authorize others to do so. (c) DOE has the right to: (1) Obtain,reproduce,publish or otherwise use the data first produced under an award;and (2) Authorize others to receive,reproduce,publish,or otherwise use such data for Federal purposes. (d) In addition,in response to a Freedom of Information act(FOIA)request for research data relating to published research findings produced under an award that were used by the Federal Government in developing an agency action that has the force and effect of law,the DOE shall request,and the recipient shall provide, within a reasonable time,the research data so that they can be made available to the public through the procedures established under the FOIA. If the DOE obtains the research data solely in response to a FOIA request,the agency may charge the requester a reasonable fee equaling the full incremental cost of obtaining the research data. This fee should reflect the costs incurred by the agency,the recipient,and applicable subrecipients. This fee is in addition to any fees the agency may assess under the FOIA(5 U.S.C. 552(a)(4)(A)). Not Specified/Other 26 CITY OF WATERLOO Council Communication City Council Meeting: May 2, 2011 Prepared: April 29, 2011 Dept. Head Signature: C 6' # of Attachments: SUBJECT: Library Boiler Replacement Project Submitted by: Craig Clark— Building Official Recommended City Council Action: Resolution approving completion of project Release of$9,375.35 retainage and final acceptance of work performed by WBC Mechanical of Waterloo. Iowa at a total cost of$116,466.00. Summary Statement 1. Payment No $ 83,340.65 2. Payment No 2 $ 14,250.00 3. Payment No 3 $ 9,500.00 4. Final Pmt & Retainage $ 9,375.35 Total Contract Amount $116,466.00 Expenditure Required $ 9,375.35 Source of Funds 290-22-8800-2152 Policy Issue Alternative Background Information: This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-379 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY WBC MECHANICAL SERVICES OF WATERLOO, IOWA, FOR THE LIBRARY BOILER REPLACEMENT PROJECT, ACCEPTING THE WORK, AND RELEASING THE $9, 375 . 35 RETAINAGE. WHEREAS, WBC Mechanical Services of Waterloo, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $116, 466. 00 for the Library Boiler Replacement Project, 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. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the retainage of $9, 375 . 35 for the project be hereby released. PASSED AND ADOPTED this 9th day f May, 2011 . AW7 Ernest G. Clark, Mayor ATTEST: Suzy Scha es, MC City Cler CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT 775 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 d NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: May 4, 2011 BUCK Prepared: May 9, 2011 A CLARK Dept.Head Signature: #of Attachments: COUNCIL MEMBERS SUBJECT: Request by Russell Lamson LP for an encroachment agreement and consent agreement to allow for necessary appurtenances for the proposed Russell Lamson DAVID building renovation project, including encroachments into the public right-of-way of West TONES 5th Street,Commercial Street, and the public alley southwesterly of the building at 209 Ward 1 West 5`" Street in Block 9 of the Original Waterloo West Plat. CAROLYN COLE Submitted by: Aric Schroeder, City Planner Ward 2 Recommended City Council Action: Approval of the request of an encroachment HAROLD agreement and consent agreement for a number of existing encroachments including light GETTY fixtures, entrance canopies, loading docks,window mounted air conditioners etc.that Ward 3 encroach on to public right-of-way. QUENTIN HART Summary Statement: Russell Lamson LP is requesting approval for a number of existing Ward 4 encroachments including light fixtures, entrance canopies, loading docks,window mounted air conditioners etc. that encroach on to public right-of-way.The request would RON not appear to have a negative impact on the surrounding neighborhood given the fact that WELPER the encroachments have been in existence in many cases since the construction of the Ward 5 building in 1913. The building is recently under new ownership and has plans to remodel BOB the building but want to ensure the various encroachments are legal. GREENWOOD At-Large The Planning and Zoning Commission voted 8-0 to approve the request in their April 5, 2011 meeting. STEVE SCHMITT Expenditure Required: None At-Large Source of Funds:N/A Policy Issue: Right-of-way Alternative: Background Information: The request would not appear to have a negative impact on traffic and pedestrian conditions in the area.Most encroachments are at a height well above vehicle and pedestrian movement. The loading dock does project in to the alley but not to the extent where traffic is impeded and has been in existence for many years. A 12" sanitary sewer CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer line is located in the alley directly south of the building and an 18"storm sewer line runs along West 5th Street. Many of the encroachments, such as window air conditioning units, light fixtures,and canopies are not encroachments that typically require an encroachment agreement. In fact, canopies are specifically allowed to extend over street right-of-way by the building code.Therefore,all of the encroachments except the loading dock are proposed to be authorized by a"consent to encroachments"agreement.The loading dock is proposed to be authorized by a more standard encroachment agreement. cc: Noel Anderson,Community Planning&Development Director Eric Thorson,City Engineer Dennis Gentz,Assistant City Engineer Prepared by Christopher S.Wendland,315 E.5th Street,Waterloo,IA,50703 319-234-5701 ENCROACHMENT AGREEMENT This Encroachment Agreement(the"Agreement") is entered into as of April , 2011,by and between the City of Waterloo, Iowa(the "City") and The Russell Lamson, LC (the "Owner"). WHEREAS, Owner is the record owner of real estate commonly known as the Russell Lamson Building, 209 W. 5th Street, Waterloo, Iowa, and legally described as: "Lots 3, 4 and 5, Block 9, Original Plat on the West Side of the Cedar River, City of Waterloo" (the "Owner's Property"); and WHEREAS,there is a public alley (the "City Property") abutting the Owner's Property on the southwesterly side, and there is a loading dock(the "Encroachment")that encroaches onto and upon the City Property from the building on the Owner's Property; and WHEREAS, the Owner desires to maintain the Encroachment, and the City is willing to allow the Encroachment subject to the terms set forth herein. NOW, THEREFORE, in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Affirmation. The Owner hereby recognizes and reaffirms the City Property, notwithstanding the existence of the Encroachment or its previous duration for any length of time. The Owner claims no rights in or to the City Property, or any part thereof, except as expressly granted by the City in this Agreement. 2. Grant. The City grants the Owner the right to maintain the Encroachment into, over and upon the City Property, subject to the rights of the City and/or any public or private agency (a "Franchisee")to which the City has granted a utility franchise for access over, under and upon the City Property. If the Owner chooses at any time to repair or replace the Encroachment,the physical footprint of the Encroachment may not be enlarged as compared to its current dimensions, and any reduction in the size of the Encroachment shall automatically cause a commensurate reduction in the physical scope of the rights granted hereunder. The parties expressly acknowledge that any damage that occurs to the Encroachment in connection with ordinary use of the City Property, the work of repair or improvement to the alley, or the work of repair or improvement to public or utilities Page 1 of 3 infrastructure located in or upon the City Property will be the sole risk and expense of the Owner, including but not limited to repair or removal expenses. 3. Term of Agreement. The term of this Agreement shall commence upon the date hereof and shall continue for so long as the Owner maintains the Encroachment. This Agreement shall automatically terminate if the Encroachment is removed (other than for temporary removal as noted above). It is understood and agreed that this Agreement is appurtenant to the real estate and shall run with the land. 4. Indemnification. The Owner shall protect, defend, indemnify, and hold harmless the City and any Franchisee, and the officers, elected officials, employees, contractors and agents of each, from and against any claim, demand, cause of action, damages, of liability of any type or nature whatsoever(including but not limited to reasonable attorneys' fees and costs) arising out of or in any way connected with an Encroachment or the use or maintenance of the City Property by the Owner, its employees, contractors and agents, including but not limited to any damage to the Encroachment by any person. Nothing herein shall be construed to impose on the Owner a duty to maintain the City Property (except generally applicable duties of maintenance, including but not limited to snow removal and sidewalk repair) or to monitor its use by any person except for the employees, contractors and agents of the Owner. This covenant shall survive the termination of this Agreement for any reason. 5. General. This Agreement is binding upon and shall inure to the benefit of the parties and the respective successors and assigns of each. This Agreement, together with any addenda or exhibits hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements,whether oral or written,with respect to the subject matter hereof. This Agreement may be modified only by the mutual written agreement of the parties. IN WITNESS WHEREOF,the parties have executed this Encroachment Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA THE RUSSELL LAMSON, LC By: By: Ernest G. Clark, Mayor Robert M. Heaton, Managing Member Attest: Suzy Schares, City Clerk Page 2 of 3 STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. Acknowledged before me on , 2011 by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. Acknowledged before me on , 2011 by Robert M. Heaton as Managing Member of The Russell Lamson, LC, an Iowa limited liability company. Notary Public Page 3 of 3 Prepared by Christopher S.Wendland,315 E.5th Street,Waterloo,IA,50703 319-234-5701 CONSENT TO ENCROACHMENTS This Consent to Encroachments (the "Consent") is entered into as of April , 2011,by and between the City of Waterloo, Iowa(the "City") and The Russell Lamson, LC (the "Owner"). WHEREAS, Owner is the record owner of real estate commonly known as the Russell Lamson Building, 209 W. 5th Street, Waterloo, Iowa, and legally described as: "Lots 3,4 and 5, Block 9, Original Plat on the West Side of the Cedar River, City of Waterloo" (the "Owner's Property"); and WHEREAS,there is City-owned right of way(the"City Property")consisting of public alley abutting the Owner's Property on the southwesterly side, and public street and sidewalks abutting the Owner's Property on the northwesterly and northeasterly sides; and WHEREAS, there are various features of the building located on the Owner's Property that encroach upon and over the City Property, consisting of one or more light fixtures, canopies, air conditioners, window air conditioning units, awnings, standpipes, flag poles, fire escapes, window sills and ledges, and masonry and other building veneers (each an"Encroachment"); and WHEREAS,the Owner desires to maintain the Encroachments, and the City is willing to allow the Encroachments subject to the terms set forth herein. NOW, THEREFORE, in consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Affirmation. The Owner hereby recognizes and reaffirms the City Property, notwithstanding the existence of the Encroachments or their previous duration for any length of time. The Owner claims no rights in or to the City Property, or any part thereof. 2. Consent. The City hereby consents to the Owner's maintenance of the Encroachments into, over and upon the City Property, subject to the rights of the City and/or any public or private agency (a"Franchisee")to which the City has granted a utility franchise for access over,under and upon the City Property. If the Owner chooses at any time to repair or replace any Encroachment,the physical footprint of the Encroachment may not be enlarged as compared to its current dimensions. The parties expressly acknowledge that any damage that occurs to an Encroachment in connection Page 1 of 3 with ordinary use of the City Property,the work of repair or improvement to the alley, street or sidewalk, or the work of repair or improvement to public or utilities infrastructure located in or upon the City Property will be the sole risk and expense of the Owner, including but not limited to repair or removal expenses. 3. Term of Consent. The term of this Consent shall commence upon the date hereof and, with respect to any Encroachment, shall continue for so long as the Owner maintains such Encroachment. It is understood and agreed that this Consent is appurtenant to the real estate and shall run with the land. 4. Indemnification. The Owner shall protect, defend, indemnify, and hold harmless the City and any Franchisee, and the officers, elected officials, employees, contractors and agents of each, from and against any claim, demand, cause of action, damages, of liability of any type or nature whatsoever(including but not limited to reasonable attorneys' fees and costs) arising out of or in any way connected with an Encroachment or the use or maintenance of the City Property by the Owner, its employees, contractors and agents, including but not limited to any damage to an Encroachment by any person. Nothing herein shall be construed to impose on the Owner a duty to maintain the City Property (except generally applicable duties of maintenance, including but not limited to snow removal and sidewalk repair) or to monitor its use by any person except for the employees, contractors and agents of the Owner. This covenant shall survive the termination of this Consent for any reason. 5. General. This Consent is binding upon and shall inure to the benefit of the parties and the respective successors and assigns of each. This Consent,together with any addenda or exhibits hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. This Consent may be modified only by the mutual written agreement of the parties. IN WITNESS WHEREOF,the parties have executed this Consent to Encroachments by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA THE RUSSELL LAMSON, LC By: By: Ernest G. Clark, Mayor Robert M. Heaton, Managing Member Attest: Suzy Schares, City Clerk Page 2 of 3 • STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. Acknowledged before me on , 2011 by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public STATE OF IOWA ) COUNTY OF BLACK HAWK ) ss. Acknowledged before me on , 2011 by Robert M. Heaton as Managing Member of The Russell Lamson, LC, an Iowa limited liability company. Notary Public Page 3 of 3 RESOLUTION NO. 2011-380 RESOLUTION APPROVING ENCROACHMENT AGREEMENT AND CONSENT TO ENCROACHMENTS WITH THE RUSSELL LAMSON LC AND DIRECTING EXECUTION OF SAID AGREEMENT AND CONSENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Encroachment Agreement and Consent to Encroachments dated May 9, 2011, to allow for a number of existing encroachments including light fixtures, entrance canopies, loading docks, window mounted air conditioners, etc. that encroach onto public right-of-way at 209 West 5th Street, legally described as follows : Lots 3, 4 and 5, Block 9, Original Plat on the West Side of the Cedar River, all in the City of Waterloo, Black Hawk County, Iowa; by and between The Russell Lamson LC and the City of Waterloo, Iowa, be and the same are 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 9th day of May, 2011 . /4e44' (67/ 6&oe Ernest G. Clark, Mayor ATTEST: zy Sc ar s, CMC City Clerk CITY OF WATERLOO , IOWA 11,1aCOMMUNITY PLANNING AND DEVELOPMENT �L y�m 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 drerfoa \° NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: May 4, 2011 BUCK CLARK Prepared: May 9, 2011 Dept. Head Signature: # of Attachments: j COUNCIL MEMBERS SUBJECT: Authorization by the City Council for the Mayor and City Clerk to sign and fully execute the enclosed Enterprise Zone agreements. DAVID JONES Ward l Submitted by: Aric Schroeder, City Planner CAROLYN Recommended City Council Action: Authorization by the City Council for the d 2 2 YCitysign andfully Mayor and Clerk to execute the enclosed amendment to Ward Enterprise Zone agreement 06-HEZ-064. HAROLD GETTY Ward 3 Summary Statement: Transmitted herewith is a Housing Enterprise Zone Program Agreement for Midtown Development to amend existing Enterprise Zone QUENTIN Agreement 06-HEZ-064 from 11 units to 7 units. HART Ward 4 Expenditure Required: None RON WEEPER Source of Funds: N/A Ward 5 BOB Policy Issue: Economic Development GREENWOOD At-Large Background Information: As required by the State Code of Iowa, the local Enterprise STEVE Zone Commission reviewed the attached applications and project, and recommended SCHMITT approval to the State of Iowa. The State of Iowa has now approved the projects in its review, At-Large and has forwarded the agreements to commence with the project. The attached agreements are formal documentation of the amendment to the original agreement lowering the number of required units form 11 to 7 units. Therefore, we ask that the City Council authorize the Mayor and City Clerk to sign and fully execute the agreements for the following properties. If you have any questions or need additional information please contact our office. cc: Noel Anderson,Community Planning&Development Director Path: K:\USERS\Planning\Adam\Council Letters\letter Enterprise Zone Amendment 5.9.11.doc CITY WEBSITE: www.ci.waterloo.ia.us WEE''REREWORKING FOR YOU! 11111 An Equal Opportunity/Affirmative Action Employer IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT CONTRACT AMENDMENT NUMBER: One (1) EZ AGREEMENT NUMBER: 06-HEZ-064 THIS AMENDMENT is made by and among the Iowa Department of Economic Development, 200 East Grand Avenue, Des Moines, Iowa 50309 ("Department" or"IDED"), City of Waterloo, 715 Mulberry St, Waterloo, IA 50703, ("Community") and Midtown Development LLC, 501 Sycamore St., Ste. 710, Waterloo, IA 50703, ("Housing Business"). Contract Number 06-HEZ-064 is hereby modified as follows: Modification 1: The number of units to be created or rehabilitated as specified in Article 1.4 "Agreement Expiration Date"is changed as follows: "1.4 "Agreement Expiration Date" means the date this Agreement ceases to be in force and effect. This Agreement shall remain in effect until IDED receives written verification that all 11-7 units have been certified for occupancy." Modification 2: The number of units the Housing Business must build or rehabilitate as stated in Article 4.1 Build or Rehabilitate is changed as follows: "The Housing Business must rehabilitate 1-1-7 multi-family units in the Waterloo EZ-4 Enterprise Zone." ^ Except as otherwise revised above, the terms, provisions, and conditions of Contract Number 06-HEZ-064 remain unchanged and are in full force and effect: FOR THE COMMUNITY: FOR IDED: City of Waterloo Signature Deborah V. Durham, Director Type or Print Name, Title FOR THE HOUSING BUSINESS: Midtown Development LLC Signature Type or Print Name, Title HEZ Format revised 10/2005 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-381 RESOLUTION APPROVING AMENDMENT NO. 1 TO THE HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT WITH IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, AND DIRECTING EXECUTION OF SAID AMENDMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that Amendment No. 1 to the Housing Enterprise Zone Program Agreement dated May 9, 2011, to amend the existing Enterprise Zone Agreement 06-HEZ-064 for the rehabilitation of 11 units to 7 units generally located at 501 Sycamore Street in the Waterloo EZ-4 Enterprise Zone, by and between the Iowa Department of Economic Development, Midtown Development LLC 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 9th day of May, 2011 . Ernest G. Clark, Mayor ATTEST: -Suzy Scha es, CMC City Clerk CITY OF WATERLOO , IOWA �T~m COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 firer/00 �O NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: 05/09/11 BUCK CLARK Prepared: 05/03/11 Dept. Head Signature: # of Attachments: 7 COUNCIL MEMBERS SUBJECT: Acceptance of Purchase Offer for: 108 Castlewood Lane, Mixed Bag DAVID Properties, LLC, $2,052.00. JONES Ward 1 Submitted by: Aric Schroeder, City Planner CAROLYN COLE Ward 2 Recommended City Council Action:Adopt a resolution approving the conditional offer form. HAROLD Wad 3 Y Summary Statement:Acceptance of purchase offer for 108 Castlewood Lane as part of the Hazard Mitigation Grant Program(HMGP) Property Acquisition Project. QUENTIN HART Expenditure Required: $2,052 less deductions for Duplication of Benefits RON Source of Funds: Hazard Mitigation Grant Program, grant agreement number WEEPER HMGP DR-1763-0046 01 Ward 5 BOB Policy Issue: N/A GREENWOOD At-lave Alternative: N/A STEVE SCHMITT Background Information: The Council previously approved the application, grant At-Large agreement and admini strative istr 'attve plan for imp lementation of a Hazard Mitigation Grant Program (HMGP) 1763 Property Acquisition (Buy Out) to acquire properties damaged in the flood of 2008, including adjacent vacant land. The administrative plan and conditional offer form provide that at the purchase offer is subject to the City ty Council approval of the form of offer and the specific offer terms for each property. We have received an accepted offer on the above property and are requesting Council approval of the offer so that we can proceed to closing on the property. Please find attached a copy of the Conditional Offer to Buy Property for the property in question. The Offer Form provides for a "Purchase Price" of the property. Please note that the purchase price is based on the pre-flood fair market value of the property, but is prior to required deductions, including any duplication CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 'ri i r=e • Lo An Equal Opportunity/Affirmative Action Employer of benefits. The purchase price as so reduced will be the "Offer Price". If you have any questions or need any additional information regarding this matter, please contact our office. cc: Noel Anderson,Community Planning&Development Director Tim Andera,Associate Planner file Path: K\USERS\ARICS\City of Waterloo\council letters\Acquisition\05.03.11 Council Communication Acceptance of Purchase Offer for 108 Castlewood Ln.doc Statement of Determination of Fair Compensation Location of property: 108 Castlewood Lane Address of property: 108 Castlewood Lane Legal description: See attached Exhibit"A" Owner(s) of record: Mixed Bag Properties, LLC Interest to be acquired: ® Fee simple Fair Market Value: $ 2,052 The value stated above is believed to be fair compensation for the property, and no less than its fair market value. This amount is prior to required deductions (including Duplication of Benefits). An estimated amount of$ 0 will be deducted to avoid duplication of benefits. The following are the estimated duplication of benefits: Flood insurance: $ 0 Repair Assistance: $ 0 Eligible Recipts to offset Private insurance: $ 0 Duplication of Benefits: $ 0 The following are the estimated amount of other benefits received. These amounts are not deducted, however buyout proceeds will be reported to these entities. These entities may require repayment of some or all of the benefit. Temporary Housing Jumpstart Down Payment or Rental Assistance: $ Assistance $ SBA Loan $ Other: $ These deductions are estimates. A final determination on deductions will be made prior to closing. The amount of compensation disregards any possible increase of the fair market value, which might result from this property acquisition project. The fair market value of this property is estimated to indicate the value before the event precipitating this property acquisition project. It does not reflect any economic depreciation as a result of that event. In the determination of compensation, fair market value is defined as, "the amount for which, in all probability, the property would be sold by a knowledgeable owner willing but not_obligated to sell to a knowledgeable purchaser who desired but is not obligated to p ."-This pro rty has been valued in reference to its assessed value for property tax ur ses. (---- - -:-./.7 . Authonzedyl gent Date • CONDITIONAL OFFER TO BUY PROPERTY TO: Mixed Baa Properties,LLC("Seller") FROM: City of Waterloo,Iowa("Buyer") Upon the terms and conditions set forth in this Conditional Offer to Buy Property(the "Offer"), Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, locally known as 108 Castlewood Lane, more particularly described as set forth in attached Exhibit "A", and legally described as in the abstract of title, together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions, customary restrictive covenants, and mineral reservations of record, if any (all of which interests are herein referred to as the "Property"). If this Offer to purchase the Property includes structures or property interests on adjacent land leased by Seller from a third-party,check here: 1. PURCHASE PRICE. The Purchase Price shall be $2.052.00, which shall be due and payable in full at closing, subject to such deductions as are provided for in this Offer, to be delivered to Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. The Purchase Price is subject to deductions for duplication of benefits as described in paragraph IA below and, as applicable, insurance proceeds for property damage. The Purchase Price as so reduced is referred to herein as the Offer Price. As one condition for eligibility to receive pre-flood market value for the Property, Seller must certify, on a form satisfactory to Buyer,that he or she is a National of the United States or a qualified alien. 1A. FLOOD BUYOUT ACQUISITION AND DEDUCTIONS. Seller acknowledges that Buyer is acting pursuant to the terms of a grant agreement with Iowa Homeland Security and Emergency Management Division in administering a voluntary property acquisition project (the "Project"). The Project is funded by the Federal Emergency Management Agency(FEMA) and U.S. Department of Housing and Urban Development(HUD). To prevent duplication of federal assistance made to flood disaster victims, HUD and FEMA require that certain types of assistance received by the Seller from State,Federal and private sources for flood-related damage be deducted in determining the Offer Price payable to Seller, including FEMA and/or SBA funds already disbursed. A duplication of benefits statement has been issued that describes benefits previously received and the estimated amounts of any corresponding deductions to the Purchase Price. Deductions are estimates only, and a final determination on deductions will be made before closing. 2. POSSESSION AND CLOSING. If Buyer timely performs all obligations,possession of the Property shall be delivered to Buyer at closing,unless an extension has been agreed to in writing by the parties consistent with the administrative plan(the"Plan")adopted by Buyer with respect to the Project. Closing shall occur no later than one hundred eighty (180) days after Seller's acceptance of this Offer, unless extended to a later date by the parties in writing, but in any event after the approval of title by Buyer, satisfaction or waiver of other contingencies, and satisfaction of all Project conditions set forth in the Plan. Buyer does not agree to take possession subject to the rights of non-owner occupants,if any,now in possession. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date and any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. At closing Seller shall pay Buyer, or Buyer shall be given credit for, an amount equal to taxes from the first day of July prior to closing to the date of closing based upon the assessed value of the Property applicable to such fiscal year;provided that if the tax levy rate for such fiscal year has not been determined then the levy rate for the current fiscal year will be applied to determine the tax proration. Taxes shall be prorated as set forth in Iowa Code§427.2. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments, which are a lien on the Property as of closing, and all prior installments thereof. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing,shall be paid by Seller. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Seller through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Seller. Buyer shall pay all other special assessments or installments not payable by Seller. • 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing. Seller agrees to maintain existing insurance, and Buyer may purchase additional insurance. In the event of substantial damage or destruction prior to closing, Seller shall promptly notify Buyer of same, and Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Offer null and void. The Property shall be deemed substantially damaged or destroyed if it cannot be repaired to its present condition on or before the closing date. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached, such as attached carpeting, built-in appliances and accessories, light fixtures and bulbs, awning, shutters,window shades,rods, blinds, ceiling fans, TV tower,antenna,rotor and controls,door chimes,fireplace grates and andirons,mailbox,installed sump pump,garage door openers and controls, and bushes, shrubs, and other vegetation. Also included, if not rentals,are satellite dish, water softener and filtration systems, installed alarm devices, propane tanks, and all other fixtures not hereinafter reserved by Seller in writing. 7. CONDITION OF PROPERTY. The Property as of the date of this Offer, including buildings, grounds,and all improvements, will be preserved by the Seller in its present condition until possession, ordinary wear and tear excepted. Except as expressly set forth in this Offer, Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Seller agrees to remove from the Property prior to possession all debris and personal property that is not included in this Offer, including but not limited to vehicles, vehicle parts,appliances,furniture and furnishings,storage containers,household cleaners and solvents,construction materials, firewood, and any other item of property that is not a fixture, unless Buyer is permitted an extension of time after closing pursuant to the Plan. Buyer shall be permitted to make a "walk through" inspection of the Property prior to closing as provided in the Plan. After acceptance of this Offer by Buyer, Buyer may, at its sole expense, conduct such inspections, investigations, and inventories of the Property as it deems reasonable or necessary, and for such purposes Seller hereby grants to Buyer, its employees, agents and contractors, the right to enter upon the Property at reasonable times and upon reasonable advance notice(oral or written). 8. ABSTRACT AND TITLE. Seller shall promptly provide to Buyer an abstract of title to the Property, if Seller possesses an abstract. Buyer shall cause the abstract of title to be updated or prepared at Buyer's sole expense. The abstract shall show marketable title in Seller in conformity with this Offer, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title,this Offer shall continue in force and effect until either party rescinds the Offer after giving ten (10) days' written notice to the other party. The abstract shall become the property of Buyer when the Offer Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. After all valid objections have been satisfied or provided for, Seller shall have no obligation to pay for further abstracting, excepting any made necessary by its own affairs. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority. 9. SURVEY. If a survey is required under Iowa Code Chapter 354,or city or county ordinances, Buyer shall pay the costs thereof. Buyer may, at its expense prior to closing, have the Property surveyed and certified by a registered land surveyor. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others,the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MA VIERS. The Seller hereby represents and warrants to Buyer that: A. Environmental Representations and Warranties: 1. There are not abandoned wells,agricultural drainage wells,solid waste disposal sites,or underground storage tanks(as defined in Iowa Code Chapter 455B)located in or about the Property. 2 2. There are no actively used orapn{�laned sgpri'c tukscy or sts ona]jroperty,except as identified here: lam A' IS- 3. There is,and has been,no hazardous waste stored,generated,treated,transported, installed, dumped,handled or placed in,on,or about the Property. 4. At no time have any Federal or State hazardous waste clean-up funds been expended with respect to any of the Property. 5. There has never been any solid waste disposal site or underground storage tank located in,or about the Property,nor has there been any release from an underground storage tank on real property contiguous to the Property which has resulted in any hazardous substance coming in contact with the Property. 6. Seller has not received any directive,citation,notice,letter,or other communication,whether written or oral,from the Environmental Protection Agency,the Iowa Department of Natural Resources,any other governmental agency with authority under any environmental laws,or any • other person or entity regarding the release,disposal,discharge, or presence of any hazardous waste on the Property,or any violation of any environmental laws. 7. To the best of Seller's knowledge,neither the Property,nor the real property contiguous to the Property,nor the predecessors in title to the Property,are in violation of,or subject to,any existing,pending,or threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under any environmental laws. The foregoing representations and warranties, and the environmental indemnifications set forth in the following subparagraph B,shall survive the closing. In addition,the foregoing representations and warranties and the indemnifications provisions in this Offer shall not be affected by any study, investigation,or inspection of the Property by Buyer or the agents for Buyer. B. Environmental Indemnification. Seller agrees to indemnify,defend and hold harmless Buyer from and against any and all claims, demands, fines, penalties, causes of action, losses, damage, liabilities, expenses,and costs(including but not limited to court costs and reasonable attorneys' fees,which may include the value of services provided by Buyer's legal department or contract attorneys, incurred by Buyer to enforce this provision), asserted against or incurred by Buyer by reason of or arising out of the breach of any representation or warranty of Seller set forth above. C. Additional Environmental Provisions. Seller shall not store, generate, treat, transport, install, dump, handle, or place in, on, or about any portion of the Property any hazardous waste or hazardous substance as defined by applicable law, rule or regulation. If Seller receives any notice from any governmental authority or any other party regarding the release or presence or any hazardous waste or hazardous substance on any portion of the Property,then Seller shall immediately notify Buyer of such fact. In addition, Buyer or its agents shall have the right to enter upon the Property at any time to perform additional environmental studies. If at any time Buyer in its sole discretion determines that hazardous wastes or hazardous substances are present on any portion of the Property, Buyer may terminate this Offer immediately without further obligation or liability. 11. CONVEYANCE DOCUMENTS. Upon payment of the Offer Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens,restrictions, and encumbrances except as provided in this Offer. If requested by Buyer, Seller shall also provide a bill of sale on a form satisfactory to Buyer for purposes of transferring title to personal property items or mixed property items that are included in the sale. General warranties of the title shall extend to the time of delivery of the deed, excepting liens and encumbrances suffered or permitted by Buyer. 3 • 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the Offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common; and Buyer in the event of death of any Seller,agrees to pay any balance of the Offer Price due Seller under this Offer to the surviving Seller and to accept a deed and bill of sale from the surviving Seller consistent with this Offer. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance,executes this Offer only for the purpose of relinquishing all rights of dower,homestead,and distributive share or in compliance with Iowa Code § 561.13 and agrees to execute the deed or bill of sale for this purpose. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Offer Price may be used to pay taxes, assessments,and other liens,to pay for the cost of removing Seller's personal property and debris from the Property, to pay judgments or satisfy title defects,to pay costs of closing and settlement that are Seller's responsibility to pay, and to acquire outstanding interests of others,if any. 16. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Offer shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 17. REMEDIES OF THE PARTIES. Buyer and Seller are entitled to utilize any and all remedies or actions at law or in equity available to them, and the prevailing party shall also be entitled to obtain judgment for costs and attorney fees. 18. NOTICE. Any notice under this Offer shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail,addressed to the parties at the addresses given below. 19. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 20. NO LEASES. Seller represents and warrants to Buyer that there are no leases,tenancies, or other rights of occupancy for use of any portion of the Property,other than those identified here: Seller agrees to indemnify and hold harmless Buyer from and against any and all claims, demands,causes of action, damages, losses or liabilities whatsoever, arising from or in connection with any alleged leasehold interest, tenancy or other right of occupancy or use for any portion of the Property. 21. VOLUNTARY ACQUISITION. The Seller, as owner of the Property, which has been damaged as result of flooding which is a presidentially declared disaster, acknowledges that Buyer has presented this Offer for the Property pursuant to Buyer's Voluntary Acquisition Program and the Seller's acceptance of this Offer is a voluntary acquisition. Seller represents and warrants that it is under no duress or coercive action by Buyer to accept this Offer, and Buyer will not pursue acquisition of this Property by eminent domain or other means if the Seller declines to accept this Offer as part of the Hazard Mitigation Grant Program for DR-1763. The Seller further acknowledges that if it accepts this Offer,it will be necessary to move permanently from the Property. 22. GENERAL PROVISIONS. In the performance of each part of this Offer, time shall be of the essence. Failure to promptly assert rights herein shall not,however,be a waiver of such rights or a waiver of any existing or subsequent default. This Offer shall apply to and bind the successors in interest of the parties. This Offer shall survive the closing. This Offer contains the entire agreement of the parties and shall not be amended except by a 4 written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Offer. Words and phrases herein shall be construed as in the singular or plural number,and as masculine,feminine or neuter gender according to the context. 23. OTHER CONDITIONS. A. Notwithstanding any signatures below by representatives of Buyer, this Offer is expressly subject to approval by the city council of Buyer. B. If Seller is an owner-occupant of the Property, then within one hundred eighty (180) days of acceptance of this Offer Seller must purchase or rent a decent,safe and sanitary housing unit located outside of Zone A,NFIP Flood Hazard map boundaries to be eligible for replacement housing benefits as described in the Plan. C. Acceptance of this Offer will be deemed to occur only if all persons with an ownership interest in the Property have signed this Offer by the date specified in paragraph 25 below. Buyer will permit an extension of an additional fourteen(14) days if Seller requests an extension in writing, and further extensions may be approved by Buyer under extraordinary circumstances beyond the reasonable control of Seller. If this Offer is not accepted by Seller on or before the expiration date or any approved extension will be deemed to be rejected by Seller. If Seller does not wish to accept this Offer,Buyer requests that Seller notify Buyer as soon as possible. 24. ENTIRE AGREEMENT. This Offer represents the entire agreement between the parties, superseding all prior or contemporaneous understandings,negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 25.ACCEPTANCE. When accepted,this Offer shall become a binding contract. If not accepted and delivered to Buyer on or before April 18,2011,this Offer shall be null and void. Dated April 1,2011. SELLER BUYER-City of Waterloo,Iowa By: Title: 715 Mulberry Street Waterloo,IA 50703 Attn:Tim Andera Address: Approved by Waterloo City Council on by Resolution No. Authorized by: Attest: Date Approved: (Mayor) (City Clerk) 5 Exhibit "A" SHERWOOD PARK PART OF LOT 17 COM AT MOST SLY COR LOT 17 TH NELY ALONG SELY LINE LOT 90 FT TH NWLY ALONG A LINE THAT IS PAR WITH SWLY LINE LOT 150'TH SWLY ALONG A LINE THAT IS PAR WITH THE SELY LINE OF LOT 90 FT TO LINE OF SAID LOT TH SELY ALONG SWLY LINE OF SAID LOT 150 FT TO PT OF BEG This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-382 RESOLUTION ACCEPTING AND APPROVING CERTAIN ACQUISITION CONTRACT TO SELL REAL PROPERTY TO THE CITY AND ACCEPTING AND APPROVING CERTAIN DEED IN CONJUNCTION WITH THE HAZARD MITIGATION GRANT PROGRAM PROPERTY ACQUISITION PROJECT. WHEREAS, the City of Waterloo, Iowa, has had the parcel described herein appraised and the fair market value ascertained, and WHEREAS, the acquisition of the hereinafter described parcel is in conjunction with the Hazard Mitigation Grant Program Property Acquisition Project . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the contract for the parcel hereinafter described to sell the same to the City of Waterloo, Iowa, all of which is situated in the City of Waterloo, Black Hawk County, Iowa, is accepted and approved and the Mayor and City Clerk are authorized and directed to execute the same in behalf of the City and to execute all instruments necessary to consummate the agreement to purchase the property from the owners thereof, and the deed for the conveyance of the same is also accepted and approved and the City of Waterloo is directed to pay for the property from City funds. The subject address is : Owner - Mixed Bag Properties, LLC Address - 108 Castlewood Lane Total Acquisition - $2, 052 . 00 Sherwood Park part of Lot 17 commencing at the most Southerly corner of Lot 17, thence Northeasterly along the Southeasterly line Lot 90 feet, thence Northwesterly along a line that is parallel with Southwesterly line lot 150 feet, thence Southwesterly along a line that is parallel with the Southeasterly line of Lot 90 feet to line of said Lot, thence Southeasterly along Southwesterly line of said Lot 150 feet to point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. PASSED AND ADOPTED this 9th day of May, 2011 . f/./.0J E est G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cle k , „ ... CITY OF WATERLOO , IOWA iokr II COMMUNITY PLANNING AND DEVELOPMENT t 6l. `• ""�" 'y> 715 Mulberry Sire_ • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(3 1 91 291-4262 r9FerI0 �� NOI l..C-ANDERSON,Camnnmity Planning&7JrrIalanrni Praetor Council Communication naavr,r City Council Meeting: May 9, 2011 BUCK Prepared: May 3, 2011 -----i CD (LARK Dept. Head Signature: Noel Anderson # of Attachments: '2 COUNCIL MEMBERS SUBJECT: 1 year lease agreement with Willard Frost in the amount of$4,167.60 to I DAVIE- farm approximately 45.3 acres of land located in and near the Northeast Industrial Park. JONES Ward I Submitted by: Noel Anderson, Community Planning & Development Director c,vN COI.E Recommended CityCouncil Action: Approval Ward 2 Summary Statement: Transmitted herewith is the request that the City of Waterloo HAROLD approve a lease agreement with Willard Frost to farm approximately 45.3 acres of land GET T (see attached legal descriptions and map) on farm ground surrounding the Northeast Industrial Park along Newell Street, Martin Luther King, Jr. Drive and Northeast Drive. (ATM IN Mr. Frost agrees to pay the City $92.00 per acre for the use of the said land, which I I` R r equates to $4,167.60 per year, with the term beginning upon City Council approval and Ward I ending on December 31st, 2011. Mr. Frost has leased this area in question for numerous RON years at$92.00 per acre, and it is still proposed to lease the land at $92.00 per acre. Mr. WE LPER Frost is farming approximately 4.1 acres more than he has in the past, which results in `t""'s approximately $380 more in rent for the City, and staff believes the rental amount is a BOB fair asking price based on the lower quality of the farmland in question, due to its wet GREENWOOD conditions, sandy soils and poor drainage most notably due to the wetlands located Ai I alge directly to the north and south of MLK Jr. Drive. S'I'EVE SCHMITT Expenditure Required. None. Ai IAN, Source of Funds: N/A Policy Issue: Property Management Alternative: N/A Background Information: Mr. Frost has been farming this area in question for approximately 6 years, and has adhered to the conditions set forth in the past lease agreements. Mr. Frost has paid his yearly rent in December of each year, and he intends to still pay his rent this December, later this year. Staff would consider the land that Mr. Frost is farming as low quality farmland, and believes the proposed rental amount is fair CI I-Y WI BSI CE: wwwci.waterloo.ia.US -- WE'RE WORKING FOR YOU W , a, An Equal Opportunity/AHinnative Action Employer based on the lower quality of the farmland in question, due to its wet conditions,poor drainage and sandy soil conditions. Legal Description(s): The East 1.81 acres of the Northeast Quarter of Section No. 19 except the North 1326.4 feet, and The West One-half of the Northwest Quarter of Section No. 20, except the West 194.4 feet of the North 1326.4 feet thereof; All in Township 89 North Range No. 12 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa-AD Northeast Industrial Park Plat No. 3, Lot 11 Northeast Industrial Park Plat No. 3, Lot 14 Northeast Industrial Park Plat No. 3, Lot 15 Northeast Industrial Park Plat No. 3, Lot 16 Northeast Industrial Park Plat No. 3, Lot 17 , Ai iD A part of the NE 1/4,NW 1/4,SW 1/4 and SE 1/4 of Section 20-89-12,Waterloo,Black Hawk County,Iowa,described as follows: Beginning at the intersection of the Southerly R-O-W line of Martin Luther King Jr. Drive and the West R-O-W line of Bishop Avenue;then S 84°52'45"W along the Southerly R- OW line of Martin Luther King Jr.Drive a distance of 141.78 feet;thence Westerly along a curve concave Northerly having a radius of 1373.24 feet and a long chord bearing N 77°33'50" W a distance of 842.59 feet;thence N 59°59'13" W along the Southerly R-O-W line of Martin Luther King Jr. Drive a distance of 103.07 feet to the West line of the SE 1/4,SE 1/4,NW 1/4 of said Section 20;thence S 01°00'50" E along the West line of the SE 1/4,SE 1/4,NW 1/4 of said Section 20 a distance of 562.73 feet to the South line of the NW 1/4 of said Section 20;thence S 01°12'24"E along the West line of the NE 1/4,NE 1/4,SW 1/4 of.said Section 20 a distance of 578.33 feet to the Northerly R-O-W line of the Union Pacific Railroad;thence N 79°03'07" E along said Northerly Railroad R-O-W a distance of 1030.13 feet;thence N 10°56'53"W along said Railroad R-O-W a distance of 50.00 feet;thence N 79°03'07"E along said Railroad R-O-W a distance of 34.90 feet;thence Northeasterly along said Railroad R-O-W on a curve concave Northerly having a radius of 2764.93 feet a distance of 25.06 feet to the West R-O-W line of Bishop Avenue;thence N 05°14'40" W along said West R-O-W line a distance of 411.68 feet; thence N 01°03'57"W along said West R-O-W line a distance of 257.18 feet to the point of beginning. The West line of the SE 1/4, SE 1/4,NW 1/4,Section 20-89-12 is assumed to bear S 01°00'50"E. ta:NA Cc: Aric Schroeder, City Planner --File-- CITY OF WATERLOO,IOWA LEASE AGREEMENT for CITY-OWNED PROPERTY This Agreement made and entered into this day of ,2011,by and between the City of Waterloo,Iowa(hereinafter referred to as"City"),and Willard Frost(hereinafter referred to as"Lessee"). 1.The City agrees to allow the Lessee to use and occupy City property generally located adjacent to Martin Luther King Jr. Drive and Bishop Avenue in the Northeast Industrial Park,and legally described in Exhibit"A" attached here to and made a part here of by this reference. 2.The City agrees to allow the Lessee to use and occupy the aforementioned City property for a term commencing on the_day of ,2011,and terminating on the 315r day of December,2011. The Lessee agrees to pay the City$4,167.60($92.00 per acre)per year for use 45.3 acres of said City property during said term. 3.The City may terminate this agreement upon thirty(30)days'written notice if the City needs the use of said City property for its own purposes. As the applicant is using the land for crop production,the City would need to reimburse the lessee for any crops in production at the time of termination. Lessee may terminate this Agreement upon thirty(30)days'written notice to the Waterloo Community,Planning,and Development Department. The full amount of the payment is due,and no annual amount would be refunded if termination were to occur within the lease period. 4.In consideration of the extension of this Agreement to the Lessee,Lessee hereby agrees to indemnify and hold the City harmless for any and all liability,claims,actions,causes or action,and/or damages which may arise or allegedly arise out of Lessee's use of the aforementioned City property,either to the City's property,or to any other person who may claim injury by and/or through,as a result of the alleged activity on City's property as aforesaid. Lessee further agrees to indemnify and hold the City harmless for any and all damages or injury,which may occur to Lessee's livestock as a result of the alleged activity on City's property as aforesaid. Lessee further aggress to indemnify and hold the City harmless for any and all damages or injury which may occur to Lessee's livestock as a result or consequence of the use of the City property. 5.This agreement contains the entire Agreement between the parties. None of the covenants,provisions, terms or conditions of this Agreement will be in any manner modified,waived,or abandoned,except by written instrument duly signed by both parties and delivered to the City and the Lessee, This occupancy agreement and the terms and conditions herein apply and are binding on the legal representative,and successors and assigns of both parties. EXECUTED THIS_DAY OF ,2011 CITY OF WATERLOO LESSEE APPROVED BY: BY:J�i�GCL .rJ (Mayor) Willard Frost ATTEST: (City Clerk) CITY'S ACKNOWLEDGMENT STATE OF IOWA, COUNTY,SS: On this day of ,AD 2011,before me,the undersigned,a Notary Public in and for said County,in said State,personally appeared and to me personally known,who,before by me duly sworn,did say that they are the MAYOR and CITY CLERK,respectively,of said City executing the within and foregoing instrument to which this is attached,that the seal affixed thereto is the seal of said City;that said instrument was signed and sealed on behalf of said City by authority of it's City Council;and that the said MAYOR and CITY CLERK,acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public in and for said County City Owned Properties - Willard Frost Farm Lease - 45.3 Acres 2,5 Acres 5.8 Acres .z &Mara GT Drive Acres Acres 4,9 Acres Wetlands Area ,5Acres 1.5 Acres eR� 4,010 01e 0 250 500 A Feet This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-383 RESOLUTION APPROVING LEASE AGREEMENT WITH WILLARD FROST AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Lease Agreement dated May 9, 2011, at a cost of $92 . 00 per acre for a total of $4, 167 . 60 per year, to farm approximately 45 . 3 acres of city-owned land generally located adjacent to Martin Luther King Jr. Drive and Bishop Avenue in the Northeast Industrial Park, by and between Willard Frost 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 9th day of May, 2011 . 141 4Er' est G. C ark, Mayor ATTEST: (:;\-;2Lf Schas, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: May 9, 2011 • Prepared: May 3, 2011 Dept. Head Signature: Daniel J. Trelka �s # of Attachments: 7 SUBJECT: Automobile Lease Agreement between Waterloo Police Department/City of Waterloo and C&S Car Company Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Adopt a resolution authorizing Mayor Clark and City Clerk Suzy Schares to sign the attached lease from C &S Car Company. Summary Statement: C&S Car Company provides a van/SW for the purpose of its School Resource Officer program. The term of the lease shall run from May 3, 2011 to November 2, 2011. Expenditure Required: No financial contribution is needed by the City of Waterloo Source of Funds: N/A Policy Issue: N/A Alternative: N/A Background Information: This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-384 RESOLUTION APPROVING AUTOMOBILE LEASE AGREEMENT WITH C & S CAR COMPANY HYUNDAI MAZDA SUBARU AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Automobile Lease Agreement dated May 9, 2011, to provide a 2011 Hyundai Santa Fe GLS van to be used by the Waterloo Police Department School Resource Officer Program, by and between C & S Car Company Hyundai Mazda Subaru 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 9th day of May, 2011 . get-re-di° Ernest G. Clark, Mayor ATTEST: Suzy Schar s, CMC� City Clerk CITY OF WATERLOO [friltLit Council Communication 5/( tti2_00, City Council Meeting: May 9, 2011 Prepared: Daniel J. Trelka Dept. Head Signature: # of Attachments: SUBJECT: Permission to make application for grant funding under the COPS 2011 CHILD SEXUAL PREDATOR PROGRAM(CSPP) Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: The Waterloo Police Department is seeking permission to apply for grant funds under the COPS 2011 Child Sexual Predator Program (CSPP). Monies from this grant would allow our agency to establish and/or enhance strategies to locate, arrest, and prosecute child sexual predators and exploiters, as well as enforce state sex offender registration laws. Awards will be capped at$500,000 per jurisdiction and agencies are required to partner and coordinate with both their district U.S.Attorney's Office and U.S. Marshals Service office. Our agency can request that funding pay for sworn/civilian personnel, equipment and technology, training and other costs associated with the grogram. There is no local cash match requirement under this grant program. The on-line application deadline is June 3, 2011. Summary Statement: Expenditure Required: Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO Council Communication City Council Meeting: May 9, 2011 Prepared: May 4, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2011 WATERLOO PUBLIC WORKS FACILITY CONTRACT NO. 810 NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT TO THE IOWA DEPARTMENT OF NATURAL RESOURCES Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: It is recommended that the Mayor be authorized to sign this Notice of Intent for NPDES Coverage Under General Permit to the Department of Natural Resources. Summary Statement Attached is the "NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT" for storm water discharges associated with the above referenced project. This document has been reviewed by this office and is recommended for approval by the City Council. Expenditure Required $350.00 Source of Funds G.O. Bond Funds Policy Issue N/A Alternative None Background Information: STATE OF IOWA, Black Hawk . County I do solemnly swear that the annexed copy of 1349455 PUBLIC NOTICE OF STORM WATER DISCHA notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 05/16/2011, in the issues of 05/16/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice . Printer' s Bill $11. 28 PUBLIC NOTICE OF STORMWATER _ DISCHARGE City of Waterloo,Iowa plans to submit a Notice of Intent to the Iowa Department `/� �./ of Natural DESResources to be covered un- U l/ dener l PDES GeneralormW Signed General Permit No.2"Storm Water Dis- charge Associated with Industrial Activi- ty for Construction" The storm water discharge will be from construction of a new Public Works Fa- cility located in SE%.Section 24,T 89 N, Subscribed and sworn to before me this Storm waterwifl be discharged from T I point source(s)and will be discharged to /� the following streams:Cedar River day of Comments may be submitted to the r / Storm Water Discharge Coordinator, Iowa Department of Natural Resources. Environmental Protection Division,502 {rn ` E.9th Street,Des Moines,IA 50319- 0034.The public may review the Notice 'E - of Intent from 8:00 a.m.to 4:30 p.m., ° -Y.... .., t '` Monday through Friday,at the above ad- ' v, dress after it has been received by the —M=1 department. otary Public • Received of the sum of Dollars in full for publication of the above invoice . Notary Seal : STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1349457 INSIDER - STORM WATER DISCHARGE notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 05/17/2011, in the issues of 05/17/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice . Printer' s Bill $11 . 28 PUBLIC NOTICE OF STORM WATER DISCHARGE City of Waterloo,Iowa plans to submit a b Notice of Intent to the Iowa Department of Natural Resources to be covered un- der NPDES General Permit No.2,"Storm r. ;? )1Y1(15 Y/ Water Discharge Associated with Indus- trialS e Activity for Construction". The storm water discharge will be from construction of a new Public Works Fa- cility located in SE 1/4,Section 24,789, R13 W.Storm water will be discharged from one point source and will be dis- charged charged to the following streams:Cedar Subscribed and sworn to before me this River. Comments may be submitted to the day of O Storm Water Discharge Coordinator, IOWA DEPARTMENT OF NATURAL RE- r I SOURCES,Environmental Protection Di- vision,Henry A.Wallace Building,502 E. e,a �1'U i �f LA�� 9th Street,Des Moines,IA 50319-0034. The public may review the Notice of COFviM1hi$S9®L tJ�.761976 In- tent from 8:00 A.M.to 4:30 P.M.,Monday through Friday, at the above address 1 FAY. 011E15tOiN.KIFIES after it has been received bythe Depart- ment. P ar u l.ic Received of the sum of Dollars in full for publication of the above invoice . Notary Seal : This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-385 RESOLUTION APPROVING NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT WITH IOWA DEPARTMENT OF NATURAL RESOURCES AND DIRECTING EXECUTION OF SAID NOTICE OF INTENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Notice of Intent for NPDES Coverage Under General Permit dated May 9, 2011, for storm water discharges in conjunction with the F. Y. 2011 Waterloo Public Works Facility, Contract No. 810, by and between the Iowa Department of Natural Resources 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 9th day of May, 2011 . E nest G. Clark, Mayor ATTEST: S (-44_z_ `Suzy Schakes, CMC .5-`� City Clerk CITY OF WA I'ERLOO Council Communication City Council Meeting: May 9, 2011 Prepared:April 29, 2011 Dept. Head Signature: Sandie Greco #of Attachments: SUBJECT: AWARD CONTRACT FOR POLES, WILLISTON AT BALTIMORE & WILLISTON AT W. 9TH TRAFFIC SAFETY PROJECT, TRF-161 Submitted by: Sandie Greco Recommended City Council Action:Accept the bid and award a contract to Crescent Electric of Waterloo, Iowa and authorize the mayor to sign the contract. Summary Statement This is for purchasing signal equipment to be installed by Traffic Operations Department personnel. City received three sealed bids.They were opened during Waterloo council meeting session on April 18, 2011. Estimated cost was $44,000. The low bidder was Crescent Electric of Waterloo, Iowa. Crescent Electric of Waterloo, Iowa $25,458.96 Electrical Engineering& Equipment of Waterloo, Iowa $26,245.26 Expenditure Required $25,458.96 Source of Funds 100% covered by a Traffic Safety Grant. No City match is required. 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. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-386 RESOLUTION APPROVING RECOMMENDATION OF ACCEPTANCE OF BID AND AWARD OF CONTRACT TO CRESCENT ELECTRIC OF WATERLOO, IOWA, IN THE AMOUNT OF $25, 458 . 96, IN CONJUNCTION WITH THE PURCHASE OF TRAFFIC MAST ARM POLES, WILLISTON AT BALTIMORE AND WILLISTON AT WEST 9TH STREET. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Crescent Electric of Waterloo, Iowa, in the amount of $25, 458 . 96, in conjunction with the Purchase of Traffic Mast Arm Poles, Williston at Baltimore and Williston at West 9th Street, described in the specifications heretofore adopted by this Council for said project in Resolution No. 2011-298, after public hearing on April 18, 2011 on published notice required by law, be and is hereby accepted, the same being the apparent lowest bid for said project . PASSED AND ADOPTED this 9th day of May, 2011 . /614-0-id Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Cler CITY OF WATERLOO Council Communication City Council Meeting: May 9, 2011 Prepared:April 29, 2011 Dept. Head Signature: Sandie Greco #of Attachments: SUBJECT: AWARD CONTRACT FOR SIGNAL EQUIPMENT, WILLISTON AT BALTIMORE&WILLISTON AT W. 9TH TRAFFIC SAFETY PROJECT, TRF-161 Submitted by: Sandie Greco Recommended City Council Action:Accept the bid and award a contract to Traffic Control technologies of Ankeny, Iowa and authorize the mayor to sign the contract. Summary Statement This is for purchasing signal equipment to be installed by Traffic Operations Department personnel. City received three sealed bids. They were opened during Waterloo council meeting session on April 25, 2011. Estimated cost was $46,460. The low bidder was Traffic Control Technologies. Traffic Control Technology of Ankeny Iowa $40,917.00 Brown Traffic Products of Davenport, Iowa $43,031.00 General traffic Controls of Spencer, Iowa $49,414.15 Expenditure Required $40,917.00 Source of Funds 100% covered by a Traffic Safety Grant. No City match is required. 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. 9th Street at Williston. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-387 RESOLUTION APPROVING RECOMMENDATION OF ACCEPTANCE OF BID AND AWARD OF CONTRACT TO TRAFFIC CONTROL CORPORATION OF ANKENY, IOWA, IN THE AMOUNT OF $40, 917 . 00, IN CONJUNCTION WITH THE PURCHASE OF TRAFFIC SIGNAL EQUIPMENT, WILLISTON AT BALTIMORE AND WILLISTON AT WEST 9TH TRAFFIC SAFETY IMPROVEMENTS . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Traffic Control Corporation of Ankeny, Iowa, in the amount of $40, 917 . 00, in conjunction with the Purchase of Traffic Signal Equipment, Williston at Baltimore and Williston at West 9th Traffic Safety Improvements, described in the specifications heretofore adopted by this Council for said project in Resolution No. 2011-316, after public hearing on April 25, 2011 on published notice required by law, be and is hereby accepted, the same being the apparent lowest bid for said project. PASSED AND ADOPTED this 9th day of May, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Clerk • ,,,t;.. CITY OF WATERLOO , IOWA ' ti-011.1/i CITY CLERK AND FINANCE DEPARTMENT �,,r�rp 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4323 Fax(319)291-4571 °Ferloo \o SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief FinancialOfcer • Mayor BUCK /"Waj411 5/ 320 q CLARK Council Communication U COUNCIL City Council Meeting: May 9, 2011 MEMBERS Prepared: May 2, 2011 Dept. Head Signature: Y)?-e,ei %Lc1 12c4.- Number of Attachments: None DAVID JONES wards SUBJECT: FYE2011 Budget Amendment Hearing CAROLYN COLE Submitted by: Michelle Weidner, Chief Financial Officer Ward 2 HAROLD Recommended City Council Action: Approve a resolution to set the date of GETTY hearing for amendments to the FYE2011 Budget as May 23, 2011. Ward 3 QUENTINM. Summary Statement: The City is required under state law to amend the HART budget prior to exceeding expenditures in any one of the nine program areas; Ward 4 public safety, public works, health and social services, culture and recreation, community and economic development, general government, debt service, RON capital projects and the proprietary funds (sewer and sanitation). Additional WELPER information will be provided prior to the hearing date. Ward 5 BOB Expenditure Required: N/A GREENWOOD Source of Funds: Various At-Large STEVE Policy Issue: Comply with state law regarding budgeted SCHMITT expenditures. At-Large Alternative: None Background Information:We are required to publish the estimated budget amendment ten days (excluding holidays) prior to the hearing, which means the budget estimate must be provided to the Waterloo Courier May 11 -01-1--so that they have adequate time to prepare it for publication. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! • I An Equal Opportunity/Affirmative Action Employer J This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-388 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON AMENDMENTS TO THE CITY OF WATERLOO FYE2011 BUDGET AS MAY 23, 2011, AT 5 : 30 P.M. IN THE COUNCIL CHAMBERS IN THE CITY HALL 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 in the Council Chambers in the City Hall in the City of Waterloo, Iowa at 5 : 30 p.m. , on the 23rd day of May, 2011, for the purpose of considering and acting on amendments to the FYE2011 Budget . 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 9th day of May, 2011 . e, 4tG. ayor ATTEST: Sk—t._..... /LC-Z.\ Suzy Schares, MC City Clerk 31\ � ; �,� CITY OF WATERLOO , IOWA �i�r;���\ lirq. �1 CITY CLERK AND FINANCE DEPARTMENT -�-�� 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 �L �S� SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer °lerloo \o Mayor BUCK CLARK7)-1- WiNij% 5/124 t COUNCIL MEMBERS Council Communication City Council Meeting: May 9, 2011 Prepared: May 3, 2011 • DAVID Dept. Head Signature: chl2.a JONES Ward.1 Number of Attachments: None CAROLYN COLE Ward2 SUBJECT: Bond Funds Reallocation HAROLD Submitted by: Michelle Weidner, Chief Financial Officer GETTY Ward 3 QUENTJNM. Recommended City Council Action: I recommend that the Council set a date HART of public hearing for May 23, 2011 to approve the reallocation of$1,100,000 of Ward 4 Series 2010 A (BABS) bond funds from the sanitary sewer treatment facility improvements to be applied for the purpose of paying costs of other sanitary RON R sewer conveyance facilities and improvements. WEEPER Ward 5 Summary Statement: This reallocation is being done so that the BOB treatment plant improvements will be completed using taxable bonds as required. GREENWOOD At-Large Expenditure Required: None. STEVE Source of Funds: Bond funds. SCHMITT At-Large Policy Issue: None. Alternative: None. Background Information: N/A CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! • An Equal OpportunitylAffirmative Action Employer • - . l (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: May 9 , 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, Taxable Series 2010A (BAB), and providing for publication of notice thereof Such additional matters as are set forth on the additional 6 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. Suzy Scha cs, City Clerk Waterloo, Iowa - 1 - May 9 , 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 Schmitt introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, TAXABLE SERIES 2010A (BAB), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Hart 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. 2011-3 89 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSAL TO REALLOCATE CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, TAXABLE SERIES 2010A (BAB), AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, pursuant to a Resolution approved on June 14, 2010, the City Council of the City of Waterloo, Iowa has previously issued its General Obligation Bonds, Taxable 2010A (BAB), in the aggregate principal amount of$9,165,000 (the "Series 2010A 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, tributary 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 treatment plant effluent disinfection and treatment system improvements; the acquisition of vehicles and equipment for the Police, Fire Rescue and Street Departments; 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 maintenance, sports facilities and boating center improvements, and the acquisition of off-road maintenance equipment; the acquisition, improvement and installation of traffic control devices, signage, fixtures and equipment, including but not limited to traffic signal, traffic safety and street light - 3 - improvements; and the acquisition, equipping 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 Central Garage Facilities Centralization project; the reconstruction, renovation and improvement of the Center for the Arts and Youth Pavilion; the acquisition of capital equipment, office equipment and vehicles for various City departments, operations and buildings; the reconstruction, remodeling, improvement, equipping and repairing of various City buildings and facilities, Downtown Parking Garages, Fire Stations, Public Library, and swimming pools renovations; and the improvement of City golf courses; the renovation and improvement of the Center for the Arts; and the acquisition and installation of radio frequency ID conversion for the Public Library; and WHEREAS, certain proceeds of the Series 2010A Bonds remain unspent, and City staff has recommended that not to exceed $1,100,000 of such unspent proceeds (hereinafter referred to as the "Unspent Proceeds") be applied for the purpose of paying costs of other sanitary sewer conveyance facilities and improvements; 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 foregoing purposes. 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 23rd day of May , 2011, for the purpose of taking action on the matter of the proposed reallocation of the Unspent Proceeds of the Series 2010A Bonds to pay costs of sanitary sewer conveyance facilities and improvements. 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: - 4 - 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, TAXABLE SERIES 2010A(BAB), 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 23rd day of May, 2011, at 5:30 o'clock P.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, Taxable Series 2010A(BAB) (the "Series 2010A Bonds") of the City of Waterloo, Iowa, in the aggregate amount of not to exceed$1,100,000, in order to pay costs of sanitary sewer conveyance facilities and improvements. 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 2010A Bonds for the above purposes. 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, 2009, as amended. Dated this 9th day of May, 2011. Suzy Sc es City Clerk of Waterloo, Iowa PASSED AND APPROVED this 9th day of May , 2011. Z.4.4411 Ernest G. Clark, Mayor AT PEST: Suzy Schalres, City Clerk - 6 - 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 9th day of May , 2011. Suzy Sch s, City Clerk Waterloo, Iowa SEAL 692141.1\11310.089 - 7 - ilL, CITY OF WATERLOO IOWA j��k'���j CITY CLERK AND FINANCE DEPARTMENT rC 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 dterloo �p� SUZYSCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor BUCK Council Communication ( CLARK City Council Meeting: May 9, 2011 ?a} t /�� �bf, Prepared: May 3, 2011 ttt COUNCIL Dept. Head Signature: e/2tee-C)4)1.e' gCc2 MEMBERS Number of Attachments: Project Listing DAVID SUBJECT: FYE2011 Bond Issue Hearings JONES ward! Submitted by: Michelle Weidner, Chief Financial Officer CAROLYN COLE Recommended City Council Action: Set dates of various hearings for Ward bonded projects for May 23, 2011. Our bond attorney has allocated the projects HAROLD among the hearings as summarized below: GETTY Ward 1. Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $7,677,000 General Obligation Bonds for essential corporate QUENHART Ward purposes of said City, the proceeds of which bonds will be used to provide funds Ward4 to pay costs of the acquisition, construction and improvement of real and personal property useful for the protection of property from floods or high waters, RON including flood control, storm water and drainage improvements; the WEdLPER construction, reconstruction and repairing of street, sidewalk and intersection ar 5 improvements; the acquisition, construction and installation of storm sewer and BOB sanitary sewer improvements, including treatment plant effluent disinfection and GREENWOOD . other waste management facilities and improvements; the acquisition of vehicles At-Large and equipment for the Police, Fire Rescue and Street Departments; the STEVE rehabilitation and improvement of City parks and the acquisition, repair and SCHMITT replacement of facilities, equipment and improvements commonly found in City At-Large parks, including sports facilities and boating center improvements, and the acquisition of off-road maintenance equipment; the acquisition, improvement and installation of traffic control devices, signage, fixtures and equipment, including but not limited to traffic signal, traffic safety and street light improvements; and the acquisition, equipping and improving of the automated GIS/GPS mapping_ system. 2. Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $1,819,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of 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 Downtown Waterloo Riverfront Urban Renewal and CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Council Communication FYE2011 Bond Hearings Page 2 of 3 Redevelopment Area and the Martin Road Urban Renewal Area, including costs associated with the downtown development plan, demolition costs, and the acquisition of properties and clearance and preparation of the same for public and private redevelopment. 3. Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $672,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the reconstruction, renovation and improvement of the Five Sullivan Brothers Center, Downtown Parking Garages, Riverfront Stadium, Young Arena, the Center for the Arts, Youth Pavilion and the Public Market Facility; and the funding of City website development costs, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. 4. Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $687,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition and replacement of vehicles, capital equipment, office equipment, financial software upgrades and computer replacements for various City departments, operations and buildings, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. 5. Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $645,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the reconstruction, remodeling, improvement, equipping and repairing of various City buildings and facilities, including Police Training Center and Station improvements, Public Library and ADA compliance improvements; swimming pool renovations; the improvement of City golf courses and the acquisition of related off-road maintenance equipment, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. 6. Resolution to fix date of hearing as May 23, 2011 on the issuance of not to exceed $3,900,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of refunding and refinancing of certain outstanding City indebtedness, consisting of the General Obligation Bonds, Series 2004A, dated June 30, 2004. 7 Resolutiion to tix date of heanng as ay 23 2011 on the issuance of not to exceed $2,600,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of refunding and refinancing of certain outstanding City indebtedness, consisting of the General Obligation Bonds, Taxable Series 2004B, dated June 30, 2004. 8. Resolution to fix date of hearing as May 23, 2011 on the issuance of Sewer Revenue Refunding Bonds to the amount of not to exceed $3,200,000, as Council Communication FYE2011 Bond Hearings Page 3 of 3 authorized by Sections 384.82 and 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof. 9. Resolution to fix date of hearing as May 23, 2011 on the issuance of Sewer Revenue Refunding Bonds to the amount of not to exceed $5,200,000, as authorized by Sections 384.82 and 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof. Summary Statement: We are planning to sell $7,500,000 in general obligation bonds for general purposes and $4,000,000 for sewer improvements. We also plan to sell bonds to refund the bonds issued in 2004. These consist of general obligation bonds, both tax-exempt and taxable and sewer revenue bonds, both tax-exempt and taxable. The refunding issues are done to reduce future interest costs. Please note that the hearing amounts are slightly higher than the actual amounts to be issued to provide flexibility among the hearings. Expenditure Required: $11,500,000 for new projects and $13,870,000 to refund the balance of bonds issued in 2004. Source of Funds: Repayment will be made from various sources, including general property taxes, sewer fees and tax increment revenue. Policy Issue: The issuance of bonds commits the city to future repayment. Alternative: The City could choose not to sell bonds and not proceeds with a number of construction projects. Background Information:Attached is a general listing of the projects included in this bond issue. as a 47 0 0 0 Co O O Co O O O O 0 Co O O Co 0 0 0 0 y O O O O 0 0 Co 0 o O 0 0 ,A C vo 0-ya cc O o0 Tr 7 eelO c O E-, N ‘t \O 0 0 0 0 0 0 0 0 C 0 0 0 00 0 0 0 0 O O O O 0 O O - 0- NDO CO 00 ^ .--I a o o c o o o 0 o o O o O o o o o C co, o o o o 0 o O o o 0 o 0 o o c © o O Co O Co O o 0 1O o Co Co 'n in v 0 0 0 O NI D\ Vi kn.' O vi O l� h O• kn.' D, N 10 O co O `1) L ,; to V M 0 0 00 0o N O N 10 V N O O O x a o-, N oo N — N Co N N VI O in of C. x CO N V O 0 O o 0 0 0 0 o c o 0 0 0 Co Co 0 Co 0 C O a - Coo 0 00 0 0 O O O O Co O O N a+ N 0 0 0 0 0 0 O1 O n O o ' - 00 N O y .- (7 ve v1 O in In .- C• o- •--. (-I- N .-I 00 O 0 7 'r kr) N O O t� v) Cr, N O M oo Lf") to N M a Cr Co N 00 �-+ M —+ 01 'Cr, M v'i M M N NI M CYO .M-I (-I N a) O O O c O O 0 O o 0 0 0 0 0 0 0 0 0 0 0 m o* O © © © co © O O © Co O O 0 0 -0 O O O O 0 O c 0 0 h 0 0 01 O O1 N C.) „y M O O vi O M vl O• O M N Co- 00 7 0 7 •^1 yi M O 00 1-n o 00 N O V1 M 7 M 10 O c 0 D- ' 0 N o0 1D -4 N — Co — N N M [^ O N CD w N a U v; . I N d D -et d N 7 aQ E. Cr y E'1 C.) � = a) cn 44 �Y C E u CD I co co N - o o NI g m F"I V V N ‹ a 3 } R rn o LL / ---C. --a> ar 10 cn A •U 7 C a 0 m 0 V y . on E '., O o Y (� Y .C U pOp U (5 o G' o 0 E y cC T 8 V a) c° E z t ct . 0 tg m Q- °- °° ta- < o c •" be y c 0 .' a. y " U V 0 L a) o .x E = c E c E c ° - n. c E op � 0 V $ r .-, • c 5 c3 v o 5' ❑ o c 'a; o 0n < R70000U0 W r7) wa 4 ,_ a, a., o0 :E q k p F � 0 L�. E-� b o 0 v > N L >y LL ray 41 O O o }' d v 0 O o U .Nr H .H r.+ o ICE a 4C Y I O Qy 4t 0. H � w C � o O• .� a � .fl O O N h 7 1 r+ V Pry O O U N rl r-1 >y z z 0 U � W o Q/ t U 1-1• O 1 A as A O CK • as of a) o ,a a v o h A •C al a o F 0 W 10 000000000000000000000 0 0 0 cu 0 0 0 0 > N 0 0 0 O o 0 0 0 0 0 p„ � N N N 7 O N O N M N N C. �' '"' en N Q1 ,C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O a O O co O O O O O O O a+ N O O O O O O O O O O O 0) w .0 V) V) V1 0 V1 N O co N V) O1 0 a > N N N N N 0D 7 N M N In o y N g r 0 C 0 0 0 O C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 rr 0 0 0 O O O 0 0 0 0 'y U N O O O O 0 0 O 0 0 O --i en V1 00 N V1 Vj 0 O Lei en N '; - N N N ' en 0 �p N 00CC U a) an a U v 0 m_ 0 o t� 5 tIDW C a 0 H x a N al al cn U y O E'er U z x o z 9 D a. a. C h g 0P. U '� O ° A aa) U � oE.( "i F > U a, „ y , 'C d c, m NW c 0 0 E , a, U s4 a, a, 0 MI6: i9 a 4.1 a > a) a) a, a,.- F" ,s1 G 8 z x a 4 L 7 > - o 0 a, a 3 ¢, O ,� U , o - a, R' '7 0' 0Rai , E ") 0 aCGz aa, o d E�. ° a' G W �. ' A, 0. a 0.clup [ a❑, w z o 0 a, y. a c+ g m..C°. , Lei. P4 C' .0 g a, d a' C C, 0. E 0 O U 0U +-- U v M v .a+ O v a, , y er., . N -- i, '+-, .a, W , a. a a, ,4 fa C p, a, . c' b a mna o -cci a 5 o a, 0 'm W U aa.) •0 z x' - a F- ,_ q c cu'« ao a z G t4 o7:5 .W m ,. 5 ? W o. = v 3 R o bl) VI -0 0 0 0— go . . . aa) = a 0C, 0 0 A a o a o U W a w a a. a r- r.rs ra.r U r U r-.r. a1 , ' ew O O O .--, —. .-. .--+ r- 00 a' N en )0 CD m l-- -* 00 C. 0 •-/ ...i v ...i v ...i v .... v%m_. v •-. . /en en vn ' F >. L C7 O as 1.1 a C4 4 I O 0. ,� a) co y O L T� O O w ;J O O O O CU 1-1 Le. le N O O (A 0 0 0 0 0 O O O O O y a. N O O O O un tri O r O r c4 ., O U QI O O O O (n ~ O d o V N O ti �+ O o U Gx N O N W C cu O U rF Y 0 Yn W L L O R Q ^ U aZ L O C 3 C.) , — •U Q y a F O • N C`•) o 3k N N Cr .0 a 0, O O as : V1 in F `' O w a) 0 0 0 0 0 0 0 0 0 o N o o 0 0 0 O 0 O 0 y O O O O O O vi O V1 0 N O 0 0 0 0 0 0 0 0 0 0 0 '0 0 0 0 0 0 0 0 0 0 O ++ O O O O O O O O O coy * O N 0 'n O O O vi O V7 t7 N N N �- O 0 O O 0 yo Cr r. — N .-. ,-. •-i -O --7 a) O. cn O O O O O O O O O O O V 0 0 0 0 0 0 0 0 0 0 0_N 0 0 0 0 0 0 0 0 0 O 'y "•.1 O v; O O v: O O O O O in .--I �. Ns 00 4'1 to h O V1 00 00 44 .. N 0 O w N O O N N 7 C Z w aoi I to °' o r 8 v E E Y Z F, cu ,L C o V .� U bn U G r' E aEn Ca UU v > n ° C on .t- x CCI WZ o o CCo E" 'd 4.1 F y-P� ,a-ry C a 3 r - o 0 . o - U U ? E U :d o bil 5 T 7 •'' d o ❑ ❑ o U • a, o a r Uv ri < awQ > UQE, an as on on on•-. own an DI) CI x x x x x 0 0 x x x ai N- CO CO C. N 0) N- YO. ,- O M O CON (7 V' a a o ea e iE p A Ca F-� 0 Lam, F-0 0 i N O O d N N 401 ,fl O O O O �+ N O O O >4 O O C N N ,y� O O x - 0 w G4 cn ct A CID o s. d J n CO y C_ Lam'O w0 • T.: N F1 O cz r col to a v o 0 0 0 at y 0007 S. O O o K 0 0 0 0 0 ° E C7 00 00 ... a� 8 ..i i Y 0 0 O O O bA O O O O O E., 0 0 O O O 00 .-, 00 y Y .. o 0 0 O O O O 0 O 0 O 0 O O 0 0 0 0 0 0 0 N 0 O 0 0 0 0 CJ a t" 0 O 0 O O I. On (� _.,o 00 00 .-. 00 CS a).-1 O O N .a o 0 0 0 0 0 0 0 0 0 0 O 0 0 L. y O O O O O 0 0 0 O 0 0 O O o h N O O O O O O O O O O O O a O O O O O O vi O O O O tal C ••• O O O ,-. 'I Va ‘.0r CO 0 O 0 0 ; a W •� 00 open M 00 7 O' .> N. 00C n.. etto e py 0 0 0 0 0 0 0 0 0 0 0 0 0 0 04 D ^ � .•.o 00 00 0000 0 0 O U y 0 0 O O O O O O O O �' R+ 0 'y O S. O O Vi 0 O O O 141 a> YO. �"� O O Vi .n O V1 h h in C4 j. O cn 70 4' - .-. .... ,o L Y U �_ 44 ate+ 4bL r 0 z _ O CI) Ci4 0 YO K W N d d a [ 4 o a ;w W a)E 8 c U A oo ° I ; 41 d x 0 0 z .� � w o o .. o Ca. a O. o ti E c ° W Y 0 ° m 0 o . a. 3 3 .5 .. g o . o Q y cc E .2 y I o o t E- i tx ao N p■ c a g a° 3 E o a o . „ . d e °�' C bx nqv> :° 0.1 u i U 00 ' ce o -. a d o ° o = a ICI q corxaC7r.DU xzE■ e a e C a won g) ? .0 .0 3 ... 1 3 .? .? 3 -. a •o O R •— 'O •O 'O O 'b ... O :IS 'O o p"^L x x x a x a A A A r Cr) NYin CV 00 CO V O CV N IA �0 * O f� N N to M In o) co i.p. ° cu °• 7 ea Fxi 0 .r F O O O d O O O N O O O 0-OD G4 m O N O O O O O N O O O 111 O ,y O vl N 'N ai W ~ a) EC a o O O N O co O ti O O OO U) .; N d W _ v 0 N O H U ° L Q m H Q U < O 44+ U U t c C c o cn 0. a � x 1N- L a d O cd C K O et CQ E'• 0 Lv ti • 0 O 00 00 000 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 0 0 > N 0 O 0 00 0 0 O 0 0 0 0 0 O to O O O sc 00 'O o - M tr) tr) m tr) .N-. to 0 tr) D\ n C- CL 'n ,-' 'o N to \D N 00 y ,-, 'c N to t-o X 0 .O 0 0-0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m O O O 0 0 0 0 0 0 O O 0 0 0 0 0 0 0 0 N i. N O O O 0 0 0 0 O O O to O O O O O 00 01 '•+ O 0 0 to O 0 0 m m tri N O 0 tr'i to O m ,-1 V V', o .o N tr) tr) 0 � ,--, tel 0 N N O N 'D ON C �' m m -. Cr W N oo n m M m g M o_ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 .�i O O O O O O O 0 0 0 O a) V N O O O O O O O O O O O a) .r O� O 'r m O b C C MO o cc W m 7 ,--- — - N N Cl co o__ C U YN N C c� ��+ O 0 O rn E.. a) cad x N a, .� C7 I) o E 6 a °' t cl, a 3 carZy. .ti :p o uc > >' o 60 ••. ,a 5. W r a) 0 o eo c o > g kW a) y o ?3 o m D ° es o QW •o odc a." F-, o > o - c bd ,.'Z 3 v o t E G 0 a) c,) 0to 0ai W 2vOE C - p; xa) 0 •0 gO ,ga, E~ C 'ro c4 `) bI c tl y n > od` CQ yGrdc 0aoc) a Qo-w o y3 . F y O �. cd x Y Cn T O U .F Q C y7'".. ¢0, o ." V _y a o < vD \O FC o p~ > 3 x 0 a3) c 6) ,4 G�0 v x .0 Q� ca�. v 8 �8 0 g : 0 �„* o :0 D h ': 7 y •w, v1 ." as Q cd y .ti y •N O a) V) v] p :s. AUCAU . paQ > W 4 W xx p. Uv7v .azAAA E� gc• a xx x x x x x x x x x x x x x x x, N a,) N 1- tr) CD O 0) V C•, 0) N- O) co N N f°) N U) a0 V (D L # m 00 c0 Li (O r O 0) lD N 0) D, r- CD 1- co tD tO CO CD CO 0) 0) CO N �%/l 0 L ^C o cl b o • N O v-4 ,D . 1 C w 0.4 o0000 ►r U � -" z w w =1 z u A y � a F P. 4.ee; o Li p O CI O it a a) a. tc Hp w Ey d o o rn a N O O 9 O ti O. >4 N N aGT 9•" CD d C c 41.) o 0 .N y N O O N N C Lrw "'1 d a 0 • oO ., o o a • N o 0 N N V 10. O O N W • u -tt• o z ` te, V O • o C7 E- O � m O a co co co a v 0 c lc ot R c F Qa O GTr F a) CDC O O C C O y co O a)i CIO O c?O O co c';''w N- r O c .0 0 0 0 0 0 0 0 O u O O O W ♦+ N C O O .> y .-+ O O O 7. CO01 -C y C a 0 co O C O C C O CO U N 0 0 0 a ' FT" o co °, o Fi N O O N a) W a CD ET] W C4 ca L. O L. k, x [�] C ,n — M ^+ a O M U 5 c..) c) E °) A 7 u Lam. U "00 w C q 0 CL)C 0 Y. o E E .- f% c , 0 ,t o, od W - 0 a. .5 a., a. a.) 0 o4 W i= F '-' � s z .C .0 i C 3 CO CD CO CD C 0, 0 CO 0 N 0) LC) OM N- O I... r Ca 0cn a �o q � r-( E-� rn 0 N O OTo- O r O mi O O NGol . i CO R' a FK U 0 0 I••I O O N Cr) O CO ry O p' ti wN U � a Z m Sri') • O O F� • - C F 8 a. 8 w -It • 5 C a+ O O F-1 o e o L Qq o as a 0 0 0 0 0 0 0 ,0 0 0 0 oi c 0 0 co F — 0 GT. F J 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 0 0 o O O O O O O 0 0 0 > NOOOO oOO O VI 0 o lel CD L Le-,- -,-Le O co O O ,o N O O cr O 10- M 7 en 7 in Le-) N 0 O N N Ce1 N V N CL O c 0 0 O o 0 0 0 0 0 0 0 0 0 0 47 0 © 0 O O O O O O O O O O O O 'a m N. c) c) O c) O O O O CD CD O 00 .5 cil -4 0 0 O o 0 0 0 00 vi o 00 ,-i 0 T y, O in 0 v1 ,-. 0 CT 7 7 — en cL Q. .-. — ,-. N '. en 7 -o a '" c U A., c) c) c) c) c) c) 0 0 0 0 0 0 0 0 O CO 1--4 0 0 0 0 0 0 0 0 O CD N 0 0 0 0 0 O 0 0 Le, co � d "' 0 0 o o o o o vl co-- co M U 1. 4 w O V N V 0 CO V� c N v W 11 ~ N O iy O 0 N ti 4-+ 0 x o H Q aC7Q cd en j c Q. Q. Q. a o. > to Q a a Q 6 vWi =� v a > Q W W W " v Lo Q o. $.. o oo y c°�i c°)) cQ) ., C va N •�+�C 0� - V] 3- 0 co w N I'.I µ1 4.- 0 W G G — X .2 N > .0 .0 .c bA ._. c73 i "' " 3 c U Ca 07 c cc '' '� 0 cn cc o 0 0 o o .� v a`) t '.0 'c C4 C4 Cd y . C'. p 71* ',.,' aw° rxg E O003a., O3E I. G 5q 00 by .�,. to 7 N c0 c0 N.. 0 ct CO if) N- 47 0 (+) O H V. N H '44- L0 V CO V. V. V 7 N CA a. V. V. V a co 0 J � k C C O H Cr' H m 0000 0 0 0 0 0 0 0 0 0 > N Ln V1 O O O O O k1 O O O V7 ,_0 M n O O O O Vi r O vi � N O 4 W O M N 'etN O .0 000000 O O O 0 C a, 000000000000 0 m . V1 O O o O O O O O O O V7 .N N WI O O O O an Di Vl v v; N l '> 7 } M --, ,-. M N oo M N 00 N a O 0 O., O O O 0 O 0 O 0 O 0 O O y i• O O O O O O O O O 0 0 O CO U N 0 0 0 0 0 0 0 0 0 0 0 0 ,,, -' vi o vi N o o N N vi o co r d ,..f N N H HN O �--� N U d. �I O N 0 E4+ Q N N N ti CtiV N p 04 O Lea to U d v, _ by Q a N .6 ra O 'c� O a E 00 'D LL 'O o. a -c y C 'bp Vd U :d 0+ N r.a 43, a Y N ❑ d cd N o C 00 6 o .o x U a.)': N g E v as p .° = E Q o w . < H Ci Or b ta. T v cad `d o ti o 4 ab won C0 OD cb t 4on on a a x x ) x x 4 x O - CDVV- CD CO CD N a 17 W O w b c o u N O � d .0 O O rn "", w O O O O (, N O M N N - •° ►r y vi 1-1 '0 U U o- ao o R b 61) O a a 0 gym a. O1 as a 4.0 0 0 0 YE .0 eaa. E• O w -0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O C > N O O O O O O. O 0 O O O 7 -o. �. Cr) th 0 0 - ^ b O V N 7 * O r rn N O N .a 0000000000000000000000 0 0 0 0 0 0 0 0 000 O O O O 0 0 0 0 0 0 O 0 0 O (.4 O. 0 0 O O O O .7 O O O O O 0 0 7 C .--- 0 0 vi 0 0 0 N 0 .--1 (n (n 0 0 0 N d 0 CM an .-. N .Ni .-. ,-. ti 00 .r .r ,-. ,-. In 5N a.) > a °' , 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 c 0 0 0 0 0 0 0 0 o O 0 0 0 0 0 0 U N 0 O. 0 0 0 0 0 O. 0t O O O O O .1... 0 '* O o0 ' i In N P O N O V1 vi O N G Cl) - M a. Gz, U v 0 o 0 01 N m as �" En ❑y O yN. OH c0 TiC' 0 T., - 0 I E 0 0 0 ? W •o o �. �. C Q. a ~ 0.' Q. Z P. I. 0 �' i '0 a, a v" rn T 0 •y 0 P M m 0 A CO -o 5 o t g = x 8 .?. b 'a w w ° H a cn A En a E-. cn� EI W F: � U a U A g 0 H H F a -5 -& ob'orb'o_ia _� 3 nu 3 3 b'fn"Fan b 3 .? 3 3 3 � -F, o o ..• o o ... ... ... o b o 0 0 •°° .°n ' ... (O 0 0) fw NCI CO CO Nf) CO. Of 0 0 U) (0 O - (0 CD CO CO (O (O (O N. 0 N. I- CO N- - ,- (SiNf)u) 0 N Cc) 0 N CI1. r- r .- r .;` 0 o e 0 o O o• .� C. O O 0 O O 'n o <v a 0 Q. w e o c o a M Q O a 0 0 0. S D O 0 0 O O 0 O O O y G. N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 O O O O N '0.1 O O N O O 2.A O , N O O t s o M I In In NI N r ti 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O y{.' O..'" O O Op V .N., 00 ..O oo • 8 r m o >, cn Q W • m 9 O h --0Fax A E o r� 3 4 vSz as m E % m Z` °E' So U'• a. c m m c o E E o, 5 E 4 c u -. Z o m u ti h o.Ua � � -E Q 3 E Uo d Fc , v ❑ ` 0 a, « U F vcyvob yoy o a y ' v e C Y i .o d ' , .2cu ,, a , 20 0, pZyca EFCZy g y mamv � v o w w 0. K. q o y oC .mm5 �5" ,Z 'E ', ,.2E i p d , o, avi .°Q "visci W my « 'E F` ; A � Eh g � k c Wa .. omcmy tj . cc.) c c o ,. y . c m H ' E cn a 2 ?..] '> E m a . ma o cn a5 , ' ctQ ' a > o ? W c L ''43 ▪ rc g ' vN Evi g .c fe '�r2 u AMUav § u m A ' vF , ai• E c0mmwc - zw337cn =yw > wxquvia3Qac`5 - .9 �c-t: P' ,n , CA AA '. E cN v ^. M O ° .'O '. - t .O D O . x 9 �t ' 0 t - a °, a O. m I. O. x m v ,m 0m m o AO a o, N I CO P CO TA o 0 m AA'V ,n NA AI m I. -._et , A- N m0 e c m c A.. n N h c0 N. US ONO) m ,n m m 0 0. (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: May 9 , 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: Not to exceed $7,677,000 General Obligation Bonds. X Resolution fixing date for a meeting on the proposition to issue. Such additional matters as are set forth on the additional 6 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. Suzy Scha e City Clerk Waterloo, Iowa - 1 - 209 2011 re ular session, in the Council Council of Waterloo, Iowa, met in o cM on the above date. The City Iowa, ate and the following Chambers, City Hall, Waterloo, Clark , in the chair, There were present Mayor Ernest G. named Council Members: Cole, Getty, Jones, Greenwood, Schmitt, Welper,Hart Absent: none * * * * * * * - 2 - Council Member Jones introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $7,677,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member. Hart 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. 2011-390 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $7,677,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Waterloo, Iowa, should issue General Obligation Bonds to the amount of not to exceed $7,677,000, as authorized by Section 384.25 of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose projects as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: - 3 - Section 1. That this Council meet in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the 23`d day of May , 2011, for the purpose of taking action on the matter of the issuance of not to exceed $7,677,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay 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 treatment plant effluent disinfection and other waste management facilities and improvements; the acquisition of vehicles and equipment for the Police, Fire Rescue and Street Departments; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks, including sports facilities and boating center improvements, and the acquisition of off-road maintenance equipment; the acquisition, improvement and installation of traffic control devices, signage, fixtures and equipment, including but not limited to traffic signal, traffic safety and street light improvements; and the acquisition, equipping and improving of the automated GIS/GPS mapping system. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a 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 on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: - 4 - NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $7,677,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Waterloo, Iowa, will hold a public hearing on the 23rd day of May, 2011, at 5:30 o'clock P.M., in the Council Chambers, City Hall, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $7,677,000 General Obligation Bonds for essential corporate purposes of said City, in order to provide funds to pay 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 treatment plant effluent disinfection and other waste management facilities and improvements; the acquisition of vehicles and equipment for the Police, Fire Rescue and Street Departments; the rehabilitation and improvement of City parks and the acquisition, repair and replacement of facilities, equipment and improvements commonly found in City parks, including sports facilities and boating center improvements, and the acquisition of off- road maintenance equipment; the acquisition,improvement and installation of traffic control devices, signage, fixtures and equipment, including but not limited to traffic signal, traffic safety and street light improvements; and the acquisition, equipping and improving of the automated GIS/GPS mapping system. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof,take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Waterloo, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 9th day of May, 2011. co uzy Sch es City Clerk of Waterloo, Iowa , PASSED AND APPROVED this 9th day of May , 2011. rnest G. Clark, Mayor 4 A IThST: .. _ r � Suzy Schar s, City Clerk - 6 - CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 9th day of May , 2011. Suzy Sch es, City Clerk Waterloo, Iowa SEAL 692146 1111310.089 - 7 - (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: May 9 , 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: Not to exceed $1,819,000 General Obligation Bonds. X Resolution fixing date for a meeting on the proposition to issue. Such additional matters as are set forth on the additional 6 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. st_4 Suzy Scriaras, City Clerk Waterloo, Iowa - 1 - May 9 , 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 Hart introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $1,819,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Cole 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. 2011-391 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $1,819,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Waterloo, Iowa, should issue General Obligation Bonds to the amount of not to exceed $1,819,000, as authorized by Section 384.24(3)(q), of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out essential corporate purpose projects as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and the right to petition for an election, and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: - 3 - i Section 1. That this Council meet in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the 23`d day of May , 2011, for the purpose of taking action on the matter of the issuance of not to exceed $1,819,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of 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 Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area and the Martin Road Urban Renewal Area, including costs associated with the downtown development plan, demolition costs, and the acquisition of properties and clearance and preparation of the same for public and private redevelopment. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a 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 ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: - 4 - NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $1,819,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF SAID CITY,AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Waterloo, Iowa, will hold a public hearing on the 23rd day of May, 2011, at 5:30 o'clock P.M., in the Council Chambers, City Hall, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed$1,819,000 General Obligation Bonds for essential corporate purposes of said City, in order to provide funds to pay costs of 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 Downtown Waterloo Riverfront Urban Renewal and Redevelopment Area and the Martin Road Urban Renewal Area, including costs associated with the downtown development plan, demolition costs, and the acquisition of properties and clearance and preparation of the same for public and private redevelopment. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City,may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.24(3)(q) of the City Code of Iowa. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City, to the above action. After all objections have been received and considered,the Council will at this meeting or at any adjournment thereof,take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Waterloo, Iowa, as provided by Section 384.24(3)(q) of the City Code of Iowa. Dated this 9th day of May, 2011. Suzy Sc s City Clerk of Waterloo, Iowa PASSED AND APPROVED this day of May , 2011. rnest G. Clark, Mayor ATTEST: Suzy Sc ar s, City Clerk - 6 - CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto)pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 9th day of May , 2011. St at.(ct Suzy Sc ar s, City Clerk Waterloo, Iowa SEAL 692147.1\11310.089 - 7 - (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: May 9 , 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: Not to exceed $672,000 General Obligation Bonds. X Resolution fixing date for a meeting on the proposition to issue. Such additional matters as are set forth on the additional 6 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. 1 t Suzy Sc ales, City Clerk Waterloo, Iowa - 1 - May 9 , 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 Hart introduced the following Resolution entitled 'RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $672,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Cole 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. 2011-392 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $672,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Waterloo, Iowa, is in need of funds to carry out certain general corporate purpose projects as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $672,000 as authorized by Section 384.26(5) of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: - 3 - Section 1. That this Council meet in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the 23rd day of May , 2011, for the purpose of taking action on the matter of the issuance of not to exceed $672,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the reconstruction, renovation and improvement of the Five Sullivan Brothers Center, Downtown Parking Garages, Riverfront Stadium, Young Arena, the Center for the Arts, Youth Pavilion and the Public Market Facility; and the funding of City website development costs, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a 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 ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: _ 4 _ NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $672,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR GENERAL CORPORATE PURPOSES), AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Waterloo, Iowa, will hold a public hearing on the 23rd day of May, 2011, at 5:30 o'clock P.M., in the Council Chambers, City Hall, Waterloo, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed$672,000 of General Obligation Bonds, bearing interest at the rate of not to exceed nine percent(9%)per annum, said bonds to be issued for the purpose of providing funds to pay costs of the reconstruction, renovation and improvement of the Five Sullivan Brothers Center, Downtown Parking Garages, Riverfront Stadium, Young Arena,the Center for the Arts, Youth Pavillion and the Public Market Facility; and the funding of City website development costs. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City,may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26(5) of the City Code of Iowa. This Notice is given by order of the Council of the City of Waterloo, Iowa, as provided by Section 384.26(5) of the City Code of Iowa. Dated this 9th day of May, 2011. Suzy ScS-L-1-51t. City Clerk of Waterloo, Iowa PASSED AND APPROVED this 9th day of May , 2011. E st G. Clark, Mayor ATTEST: Suzy Sc r s, City Clerk - 6 - CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda,a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 9th day of May , 2011. Suzy Schatresl, City Clerk Waterloo, Iowa SEAL 692148.1\11310.089 - 7 - (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: May 9 , 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: Not to exceed $687,000 General Obligation Bonds. X Resolution fixing date for a meeting on the proposition to issue. Such additional matters as are set forth on the additional 6 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. Suzy Scharer, city Clerk Waterloo, Iowa - 1 - May 9 , 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 Cole introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $687,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Hart 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. 2011-393 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $687,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Waterloo, Iowa, is in need of funds to carry out certain general corporate purpose projects as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $687,000 as authorized by Section 384.26(5) of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: - 3 - Section 1. That this Council meet in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the 23rd day of May , 2011, for the purpose of taking action on the matter of the issuance of not to exceed $687,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the acquisition and replacement of vehicles, capital equipment, office equipment, financial software upgrades and computer replacements for various City departments, operations and buildings, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a 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 ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: - 4 - NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $687,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR GENERAL CORPORATE PURPOSES),AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Waterloo, Iowa, will hold a public hearing on the 23rd day of May,2011, at 5:30 o'clock P.M., in the Council Chambers, City Hall, Waterloo, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed $687,000 of General Obligation Bonds, bearing interest at the rate of not to exceed nine percent(9%)per annum, said bonds to be issued for the purpose of providing funds to pay costs of the acquisition and replacement of vehicles, capital equipment, office equipment, financial software upgrades and computer replacements for various City departments, operations and buildings. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City,may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26(5) of the City Code of Iowa. This Notice is given by order of the Council of the City of Waterloo, Iowa, as provided by Section 384.26(5) of the City Code of Iowa. Dated this 9th day of May, 2011. Suzy Schare City Clerk of Waterloo, Iowa PASSED AND APPROVED this 9t day of May , 2011. Je Ernest G. Clark, Mayor ATTEST: lay S6h es, City Clerk - 6 - i CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto)pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending,prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 9th day of May , 2011. Suzy Sch es, City Clerk Waterloo, Iowa SEAL 1692149.1\11310.089 - 7 - (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: May 9 , 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: Not to exceed $645,000 General Obligation Bonds. X Resolution fixing date for a meeting on the proposition to issue. Such additional matters as are set forth on the additional 6 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. Suzy Sc ants, City Clerk Waterloo, Iowa - 1 - May 9 , 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 - 1 Council Member Cole introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $645,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Hart 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. 2011-394 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $645,000 OF GENERAL OBLIGATION BONDS AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Waterloo, Iowa, is in need of funds to carry out certain general corporate purpose projects as hereinafter described; and, it is deemed necessary that it should issue general obligation bonds to the amount of not to exceed $645,000 as 14 authorized by Section 384.26(5) of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, said City has a population of more than 5,000, but not more than 75,000, and the amount of said proposed bond issue is not more than $700,000; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of Chapter 384 of the City Code of Iowa, and to publish a notice of the proposal to issue such bonds and the right to petition for an election. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: - 3 - Section 1. That this Council meet in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the 23rd day of May , 2011, for the purpose of taking action on the matter of the issuance of not to exceed $645,000 of General Obligation Bonds, the proceeds of which bonds will be used to provide funds to pay costs of the reconstruction, remodeling, improvement, equipping and repairing of various City buildings and facilities, including Police Training Center and Station improvements, Public Library and ADA compliance improvements; swimming pool renovations; the improvement of City golf courses and the acquisition of related off-road maintenance equipment, and shall bear interest at a rate not exceeding the maximum specified in the attached notice. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a 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 ten clear days before the date of said public meeting on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: - 4 - NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $645,000 PRINCIPAL AMOUNT OF GENERAL OBLIGATION BONDS (FOR GENERAL CORPORATE PURPOSES),AND HEARING ON ISSUANCE OF SAID BONDS Public Notice is hereby given that the Council of the City of Waterloo, Iowa, will hold a public hearing on the 23rd day of May, 2011, at 5:30 o'clock P.M., in the Council Chambers, City Hall, Waterloo, Iowa, at which meeting the Council proposes to take action for the issuance of not to exceed$645,000 of General Obligation Bonds, bearing interest at the rate of not to exceed nine percent(9%)per annum, said bonds to be issued for the purpose of providing funds to pay costs of the reconstruction,remodeling, improvement, equipping and repairing of various City buildings and facilities, including Police Training Center and Station improvements,Public Library and ADA compliance improvements; swimming pool renovations; the improvement of City golf courses and the acquisition of related off-road maintenance equipment. At any time before the date of said meeting, a petition, asking that the question of issuing such bonds be submitted to the legal voters of said City,may be filed with the Clerk of said City in the manner provided by Section 362.4 of the City Code of Iowa, pursuant to the provisions of Section 384.26(5) of the City Code of Iowa. This Notice is given by order of the Council of the City of Waterloo, Iowa, as provided by Section 384.26(5) of the City Code of Iowa. Dated this 9th day of May, 2011. Suzy Sch es City Clerk of Waterloo, Iowa PASSED AND APPROVED this 9th day of May , 2011. rnest G. Clark, Mayor ATTEST: Suzy Scha s, City Clerk - 6 - CIG-3 CERTIFICA 1'E 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 9th day of May , 2011. Suzy S ar s, City Clerk Waterloo, Iowa SEAL 692150.1\11310.089 - - 7 - (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: May 9 , 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: Not to exceed $3,900,000 General Obligation Bonds. X Resolution fixing date for a meeting on the proposition to issue. Such additional matters as are set forth on the additional 6 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. Suzy Sc ares, City Clerk Waterloo, Iowa - 1 - May9 , 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 PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,900,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Hart 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. 2011-395 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,900,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Waterloo, Iowa, should issue General Obligation Bonds to the amount of not to exceed $3,900,000, as authorized by Section 384.25 of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: - 3 - Section 1. That this Council meet in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the 23rd day of May , 2011, for the purpose of taking action on the matter of the issuance of not to exceed $3,900,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of refunding and refinancing of certain outstanding City indebtedness, consisting of the General Obligation Bonds, Series 2004A, dated June 30, 2004. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a 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 on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: - 4 - 1 NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $3,900,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Waterloo, Iowa, will hold a public hearing on the 23rd day of May, 2011, at 5:30 o'clock P.M., in the Council Chambers, City Hall, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $3,900,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of refunding and refinancing of certain outstanding City indebtedness, consisting of the General Obligation Bonds, Series 2004A, dated June 30, 2004. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City to the above action. After all objections have been received and considered, the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Waterloo, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 9th day of May, 2011. Suzy Sch re City Clerk of Waterloo, Iowa PASSED AND APPROVED this 9`h day of May , 2011. rnest G. Clark, ayor ATTEST: Sazv Schar s, City Clerk - 6 - • CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 9th day of May , 2011. Suzy Schars, City Clerk Waterloo, Iowa SEAL 692151.1\11310.089 - 7 - (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: May 9 , 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: Not to exceed $2,600,000 General Obligation Bonds. X Resolution fixing date for a meeting on the proposition to issue. Such additional matters as are set forth on the additional 6 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. Suzy S a es, City Clerk Waterloo, Iowa - 1 - May 9 , 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 PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $2,600,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF", and moved that the same be adopted. Council Member Hart 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. 2011-396 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $2,600,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, it is deemed necessary and advisable that the City of Waterloo, Iowa, should issue General Obligation Bonds to the amount of not to exceed $2,600,000, as authorized by Section 384.25 of the City Code of Iowa, for the purpose of providing funds to pay costs of carrying out an essential corporate purpose project as hereinafter described; and WHEREAS, before said bonds may be issued, it is necessary to comply with the provisions of said Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which the Council proposes to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of said City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: - 3 - Section 1. That this Council meet in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the 23rd day of May , 2011, for the purpose of taking action on the matter of the issuance of not to exceed $2,600,000 General Obligation Bonds for an essential corporate purpose of said City, the proceeds of which bonds will be used to provide funds to pay costs of refunding and refinancing of certain outstanding City indebtedness, consisting of the General Obligation Bonds, Taxable Series 2004B, dated June 30, 2004. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a 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 on the issuance of said bonds. Section 3. The notice of the proposed action to issue said bonds shall be in substantially the following form: - 4 - NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $2,600,000 GENERAL OBLIGATION BONDS (FOR AN ESSENTIAL CORPORATE PURPOSE) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the Council of the City of Waterloo, Iowa, will hold a public hearing on the 23rd day of May, 2011, at 5:30 o'clock P.M., in the Council Chambers, City Hall, Waterloo, Iowa, at which meeting the Council proposes to take additional action for the issuance of not to exceed $2,600,000 General Obligation Bonds for an essential corporate purpose of said City, in order to provide funds to pay costs of refunding and refinancing of certain outstanding City indebtedness, consisting of the General Obligation Bonds, Taxable Series 2004B, dated June 30, 2004. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City to the above action. After all objections have been received and considered,the Council will at this meeting or at any adjournment thereof, take additional action for the issuance of said bonds or will abandon the proposal to issue said bonds. This notice is given by order of the Council of Waterloo, Iowa, as provided by Section 384.25 of the City Code of Iowa. Dated this 9th day of May, 2011. Suzy Sch s City Clerk of Waterloo, Iowa PASSED AND APPROVED this 9t day of May , 2011. fl Ernest G. Clark, Mayor ATTEST: Suzy Schkres, City Clerk - 6 - CIG-3 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto)pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 9th day of May , 2011. Suzy Sch es, City Clerk Waterloo, Iowa SEAL 692216.1\11310.089 - 7 - (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of the City of Waterloo, Iowa. Date of Meeting: May 9 , 2011. Time of Meeting: 5:30 o'clock P.M. Place of Meeting: Council Chambers, City Hall, 715 Mulberry Street, 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 the meeting is as follows: Not to exceed $3,200,000 Sewer Revenue Refunding Bonds • Resolution fixing date for a meeting on the proposition to issue. Such additional matters as are set forth on the additional 6 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 the governmental body. JArLep..—C) Suzy S h res, City Clerk Waterloo, Iowa May 9 , 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 Council Member Schmitt introduced the following Resolution entitled "RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,200,000 SEWER REVENUE REFUNDING BONDS OF THE CITY OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Council Member Hart 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. 2011-397 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $3,200,000 SEWER REVENUE REFUNDING BONDS OF THE CITY OF WATERLOO, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Waterloo, Iowa, is in need of funds to carry out the purpose hereinafter described; and, it is deemed necessary and advisable that the City should issue Sewer Revenue Refunding Bonds to the amount of not to exceed $3,200,000, as authorized by Sections 384.82 and 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before the bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and /or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That this governing body meet in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the 23rd day of May 2011, for the purpose of taking action on the matter of the issuance of not to exceed $3,200,000 Sewer Revenue Refunding Bonds of the City, the proceeds of which bonds will be used to provide funds to pay costs of refunding and refinancing the Sewer Revenue Refunding Bonds, Series 2004A, dated August 2, 2004. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of such meeting, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in the City, such publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the bonds. Section 3. The notice of the proposed action to issue the bonds shall be in substantially the following form: NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $3,200,000 SEWER REVENUE REFUNDING BONDS OF THE CITY OF WATERLOO, AND THE HEARING ON THE ISSUANCE THEREOF PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, Iowa, will hold a public hearing on the 23rd day of May, 2011, at 5:30 o'clock P.M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the City Council proposes to take additional action for the issuance of not to exceed $3,200,000 Sewer Revenue Refunding Bonds of the City. The Bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sewer Utility. The Bonds are proposed to be issued for the purpose of paying costs of refunding and refinancing the Sewer Revenue Refunding Bonds, Series 2004A, dated August 2, 2004. At the above meeting oral or written objections from any resident or property owner of the City to the above action shall be received. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue the Bonds. This notice is given by order of the City Council as provided by Section 384.83 of the City Code of Iowa. Dated this 9th day of May, 2011. Suzy S arcs City Clerk of Waterloo, Iowa PASSED AND APPROVED this 9th day of May , 2011. ha E est G. Clark, Mayor ATTEST: TD<Sita Suzyres, City Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the 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 the 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 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 the 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 the City hereto affixed this 9th day of May , 2011. Suzy es, City Clerk Waterloo, Iowa (SEAL) 6911,4 1\11310.090 - 5 - (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of the City of Waterloo, Iowa. Date of Meeting: May 9 , 2011. Time of Meeting: 5:30 o'clock P.M. Place of Meeting: Council Chambers, City Hall, 715 Mulberry Street, 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 the meeting is as follows: Not to exceed $5,200,000 Sewer Revenue Refunding Bonds • Resolution fixing date for a meeting on the proposition to issue. Such additional matters as are set forth on the additional 6 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 the governmental body. C �q �� 0 Suzy S a es, City Clerk Waterloo, Iowa May 9 , 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 Council Member Schmitt introduced the following Resolution entitled 'RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $5,200,000 SEWER REVENUE REFUNDING BONDS OF THE CITY OF WATERLOO, IOWA, AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF," and moved that the same be adopted. Council Member Hart 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. 2011-398 RESOLUTION FIXING DATE FOR A MEETING ON THE PROPOSITION OF THE ISSUANCE OF NOT TO EXCEED $5,200,000 SEWER REVENUE REFUNDING BONDS OF THE CITY OF WATERLOO, IOWA AND PROVIDING FOR PUBLICATION OF NOTICE THEREOF WHEREAS, the City of Waterloo, Iowa, is in need of funds to carry out the purpose hereinafter described; and, it is deemed necessary and advisable that the City should issue Sewer Revenue Refunding Bonds to the amount of not to exceed $5,200,000, as authorized by Sections 384.82 and 384.83, of the City Code of Iowa, for the purpose of providing funds to pay costs thereof; and WHEREAS, before the bonds may be issued, it is necessary to comply with the provisions of the Code, and to publish a notice of the proposal to issue such bonds and of the time and place of the meeting at which it is proposed to take action for the issuance of the bonds and to receive oral and/or written objections from any resident or property owner of the City to such action. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: A Section 1. That this governing body meet in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the 23rd day of May , 2011, for the purpose of taking action on the matter of the issuance of not to exceed $5,200,000 Sewer Revenue Refunding Bonds of the City, the proceeds of which bonds will be used to provide funds to pay costs of refunding and refinancing the Sewer Revenue Refunding Bonds, Taxable Series 2004B, dated August 2, 2004. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of such meeting, in a legal newspaper,printed wholly in the English language, published at least once weekly, and having general circulation in the City, such publication to be not less than four clear days nor more than twenty days before the date of the public meeting on the issuance of the bonds. Section 3. The notice of the proposed action to issue the bonds shall be in substantially the following form: NOTICE OF MEETING OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $5,200,000 SEWER REVENUE REFUNDING BONDS OF THE CITY OF WATERLOO, AND THE HEARING ON THE ISSUANCE THEREOF _ PUBLIC NOTICE is hereby given that the City Council of the City of Waterloo, Iowa, will hold a public hearing on the 23rd day of May,2011, at 5:30 o'clock P.M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the City Council proposes to take additional action for the issuance of not to exceed $5,200,000 Sewer Revenue Refunding Bonds of the City. The Bonds will not constitute general obligations or be payable in any manner by taxation, but will be payable from and secured by the net revenues of the Municipal Sewer Utility. The Bonds are proposed to be issued for the purpose of paying costs of refunding and refinancing the Sewer Revenue Refunding Bonds, Taxable Series 2004B, dated August 2, 2004. At the above meeting oral or written objections from any resident or property owner of the City to the above action shall be received. After all objections have been received and considered, the Council will at the meeting or at any adjournment thereof, take additional action for the issuance of the Bonds or will abandon the proposal to issue the Bonds. This notice is given by order of the City Council as provided by Section 384.83 of the City Code of Iowa. Dated this 9th day of May, 2011. Suzy Sch s City Clerk of Waterloo, Iowa PASSED AND APPROVED this 9th day of May , 2011. Lel Ernest G. Clark, Mayor ATTEST: Suzy S ares, City Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of the City of Waterloo, State of Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of the City showing proceedings of the City Council, and the same is a true and complete copy of the action taken by the Council with respect to the 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 the 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 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 the 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 the City hereto affixed this 9th day of May , 2011. Suzy Sehafes, City Clerk Waterloo, Iowa (SEAL) 692237.1\11310.090 - 5 - This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-399 RESOLUTION CANCELING REGULAR CITY COUNCIL MEETING OF TUESDAY, JULY 5, 2011 DUE TO THE FOURTH OF JULY HOLIDAY. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the regular City Council meeting scheduled for Tuesday, July 5, 2011, at 5 : 30 p.m. , be and the same is hereby canceled due to the Fourth of July Holiday. PASSED AND ADOPTED this 9th day of May, 2011 . #11- r°7 Ernest G. Clark, Mayor ATTEST: (71.Z.RcA Ax-N.BA./7) Suzy Schires, CMC City Clerk } RESOLUTION NO. 2011- A RESOLUTION DECLARING A MORATORIUM FOR A PERIOD OF 180 DAYS FOR NEW ALCOHOL-RELATED DRINKING AND RETAIL ESTABLISHMENTS (INCLUDING TRANSFERS) IN THE PROPOSED BROADWAY, EAST FOURTH STREET, CHURCH ROW, AND LOGAN AVENUE OVERLAY DISTRICTS IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, the City of Waterloo is, and has been, in the process of reviewing portions of the City of Waterloo Zoning Ordinance No. 2479 as it pertains to the regulation of new alcohol-related drinking and retail establishments and license transfers for such establishments, and WHEREAS, during the pendency of such review, a moratorium should be applied to the areas described in Exhibit "A" attached hereto, and WHEREAS, the moratorium should be applied in the described areas to the following uses : Any premises or use that will be required by Iowa law to have a license or permit for the sale or dispensing of alcoholic beverages for on-premises or off-premises consumption, except that the moratorium should not apply to any such premises or use for which a complete application (i . e . , all necessary conditions, including but not limited to all paperwork, fees, and inspection, have been fulfilled for submittal of the application to Council for approval of a license) for a new license or transfer of a license was submitted for approval before the effective date of the moratorium, and WHEREAS, the City Council of the City of Waterloo believes that a moratorium should be declared for a period of 180 days, until said amendments have been presented to, and adopted by, the City Council of the City of Waterloo. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that a moratorium is hereby declared for a period of 180 days on approval of alcohol licenses for any and all new or transferred alcohol-related drinking and retail establishments in each proposed overlay areas described in Exhibit "A" attached hereto. PASSED AND ADOPTED this 9th day of May, 2011. Ernest G. Clark, Mayor ATTEST : Suzy Schares, CMC City Clerk =in miiiiii:141 ‘ ... \ I m_1 ..- _ -Ah in .1-1F-1 L-11-1 1=11----LI 11_1 r--IIIIrmili Proposed Broadway/Logan/E 4th Overlay District Ii 1111 111hIL .. 1-11-1 1-11-1 1=11=1 L.11,1 111=1 1_1_11-1 D RLYFITT LL_I-11-U 1111111 — K_ 1 'Ill R.-2,0-Z El ' _LL 111= -1,j I I =All: .11141111 ilm N. i milim 1 m.aL,. Nilo Truftn 1 III=7 gleatatia", . mimi \ / ,___i v. = sm mum IIN MI - 1 Mii WA .' / J I SEMI= =MI 111111 11 mi -1- .- T En— ,111MIL.i, ail 4111111 1-- 111= J-- tr-'. ireomum I 11 I II Mils Ell= 7 I.II _ Z— ''- . 1 I [I I Ill IIIIIIII 11111 ... MIT :11111111E MINIM. I I I 111= , I '' I , n _ . , , 'ANNEN., Emma. t •, si , ______E NEE Fa minor I& NI HIIII- -I ., =11 n LI[Mi 1111115 01111 mu H iMII1M HMV ,IIIIIk. ' . M-*F7571_ z 1 Dr Salim _ IN - NE num si„vow -- II Eli dim Lill - ' .R-2-,C-Z , , ,_, sm A min illill & 4110111=i .R:3 I I 1111 I I C-2;C-Z 4111111- MOS IMO IF Nam= r; a , , , UK 1- Mil NM IM - min 111111111174-----,;-6::4"-—",Il MIMI BEL 11- j Ur II mlita mill mown IN luffit unshorn' . = a.m. . ow. . ql- ' NI II 1 mt, ata !ma... \\Frill = LITE11111111111 II lump iimi mini Cag 1 IN MUM, I 11 — -mai 11111111 111111 1111111 aniiiiima .1- ,iviummili .m.n..„.111, r I iVeraNatzamt,4 . IMRE rallillit' IIIIIIIrl :,111.111i .... 4 NINOTIIIII_ Lc_2 1 i M =Mink mom rlomi 1 i -T--E _ cpicii Ho ...... ....,:, F 06 i 1 STEAM 1 1 'f, 111111MIL-1.1,, Wir 1 a oats --11 i I - \ ' . I 4 .1. • ... . P si lirm R72,p Z 14g - —111111 5] 4o 40 , '„ - 1 Broadway : ilk Itt ' likt . .', vil' , :111 • _. . , , •A XI KW•M .11 BAIA lh UM IL r I moo R_3 m = IIII I I IE 111111 1 70111 IMI ' '+ '96 40' ii..- I-A . • I. I h EIMI1 - Ill M-1 'q g *Si 411111111fin •N ST 1-1 W NUL I 4•P, 11 , . „-R• . A ' Ilk ^ • :., - 124;115- - It! 101 :..,._. , • ...., .„„.. L, . .,...., Ai . • ., ..,. ,, „ - r_ >_ ,m,i, iR,G„rAisi --,..m<dm., rArmirfinifi •ALM•ND MI ________ %.Sip 'qegkvr 4.A.1/1r, #.S7 :111111101 § 111 11 * * 84 1 1 —im. ' TR wommill,11111 wur, •„ 1 .. r, g • 'ZS#0/ ,,*. 44 ' .'' .• N ,, , . • .4 . • • 41S .ss. R-3 A-1 \ t/ 4*- • • .44 4-0,.. • ,%N. . 4- • . ‘,. •. 111111H .. , • % 4,4 r + • # N IIC it\A* 4 St• '' %•R.:4 Nivimm A. 1111 M-2 PLEASE NOTE 63 r ' ' 4) 17" 1 41110 d'. e* 44 BASE MAP DATA SOURCE IS BLACK HAWK COUNTY. r,.THIS MAP DOES NOT REPRESENT A SURVEY.NO LIABILITY IS ASSUMED FOR T HE ACCURACY OF THE DATA DEUNEATED HEREIN V " • /Si,•A. .- EITHER EXPRESSED OR IMPLIED BY BLACK HAWK COUNTY.THE ' ‘ SLACK HAWK COUNTY ASSESSOR.OF THEIR EMPLOYEES .. THE CIT Y OF WATERLOO MAKES NO WARRANTY.EXPRESS OR C:,3 ,4, • 4 4°. ,, ,e,,,i PA PLIED,AS TO THE ACCURACY OF THE INFORMATION SHOWN air ON THIS MAP.AND EXPRESSLY DISCLAIMS LIABILITY FOR THE Sy S N ACCURACY T HEREOF.USERS SHOULD REFER TO OFFICIAL PLATS,S URVEYS.RECOR 0 ED DEEDS.ETC.LOCATED AT THE 411 ' BLACK HAWK COUNT Y ASSESSOR'S OFFICE FOR COMPLETE 0 350 700Fect /' AND ACCURAT E INFORMATION .°17. / NO/ A/7‘'WNW/ //A\ V A >\V/\<>/> fr A* a0A ow um.miN 73 DZ En— - . ....Ella MI 1.1 1.111.1 II�1�M�11� - minim �PRR a— is• —iEN MUM Ni �— MINIM 131 IS D M1 —__- . . - 111111 IIIlhIIIV ` Til L I :p ma _I111 __I UNI/ 43i 1, maM. .. _N = a 1=1 g la WI ' _— _ __ _11 : __ =iar W . ._ 73 \■ III .�� — — MI MI=a ilk MCP — 8 111111 Mi' :E :�p_ pp —\ CE g 1," ��'`" , `QCIIIIIIIIIIIIIIII- EM= —� O € NM MN i��� ���� *� =a miliiiiiiii� II MI ±11\ CA LLme.� • Q� Ji aIIlllIl 1m! c� gum St S� O� ��� = allllllllllllllllll�m�1 —TR Ain'„ �1�i1c O I ■ml = 11111•�, ♦ Oj •� • 4,GI7Q�� :..< 1 IIIIIIIIIIIIIIIIII: �I�i��♦ �Ij�!.:��`;9�A ►I � o ll'llllllll IIIIIII:��' �-e I. •, * -* ��:. Z ! 11 IIIIII'! '� /I��V •�.� Ii �' a illlllll ..e.4,�/:� c III_'2 Ell .� 44; ,,,e)'& N.1. o Isis IIIIIIIID- .♦ 4, • `U��� o ... K, ______,4,, b 1 ss)•• a .f# .: •/ s:‘, 0 .. 0 m .% N' S N 5 +.4C 1 < 4 ..wi, 7 • % \ . .c.,-, .0, CD '4\ Ail: .Ne I /44)‹) ` f • Vocwm GJ • � /I v. : 4 4'. wwOmPS, ♦ ' 'A '� / 4,"aw <Smmf. z ♦ , ' • : �• • l•e -iK °-1S mAm T ` ` ,, ♦:* ,,- Om wy I / / , K .-9-1amrvzomoo . ." , `1 A<ovooy< v • scamvoa omv ,i "m3m3mcs rindll1H111 , ♦ ` � T � � ` �/ • <.i\ Oililk sow• oz I'-'-, a zwII 1111111.10 OW / 0 *, ? V \ .a m m >pivmvm7 M&ellPJ , . yirvow� < < .. _ 1111111111111- � .`7 ' . S . LJ A m A IllllllllllliiIE Sr� , �,%•���, ���♦�� m RESOLUTION NO. 2011-400 A RESOLUTION DECLARING A MORATORIUM FOR A PERIOD OF 180 DAYS FOR NEW ALCOHOL-RELATED DRINKING AND RETAIL ESTABLISHMENTS (INCLUDING TRANSFERS) IN THE PROPOSED BROADWAY, EAST FOURTH STREET, CHURCH ROW, AND LOGAN AVENUE OVERLAY DISTRICTS IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, the City of Waterloo is, and has been, in the process of reviewing portions of the City of Waterloo Zoning Ordinance No. 2479 as it pertains to the regulation of new alcohol-related drinking and retail establishments and license transfers for such establishments, and WHEREAS, during the pendency of such review, a moratorium should be applied to the areas described in Exhibit "A" attached hereto, and WHEREAS, the moratorium should be applied in the described areas to the following uses : Any premises or use that will be required by Iowa law to have a license or permit for the sale or dispensing of alcoholic beverages for on-premises or off-premises consumption, except that the moratorium should not apply to any such premises or use for which a complete application (i.e. , all necessary conditions, including but not limited to all paperwork, fees, and inspection, have been fulfilled for submittal of the application to Council for approval of a license) for a new license or transfer of a license was submitted for approval before the effective date of the moratorium, and WHEREAS, the City Council of the City of Waterloo believes that a moratorium should be declared for a period of 180 days, until said amendments have been presented to, and adopted by, the City Council of the City of Waterloo. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that a moratorium is hereby declared for a period of 180 days on approval of alcohol licenses for any and all new or transferred alcohol-related drinking and retail establishments in each proposed overlay areas described in Exhibit "A" attached hereto. PASSED AND ADOPTED this 9th day of May, 2011 . 444/ ieg,D Ernest G. Clark, Mayor ATTEST: Carol-Faileputy City Clerk Exhibit "A" Broadway Avenue Overlay District— Legal Description Beginning at the intersection of the centerlines of W. Parker Street and Fairview Avenue; thence South along the centerline of Fairview Avenue and an extension of the centerline of Fairview Avenue to its intersection with the Northeasterly line of the Cedar River; thence Southeasterly along the Northeasterly line of the Cedar River to its intersection with the centerline of E. Third Street; thence Northeasterly along the centerline of E. Third Street to its intersection with the centerline of Franklin Street; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of Oak Avenue; thence North along the centerline of Oak Avenue to its intersection with the centerline of Utica Street; thence Northeasterly along the centerline of Utica Street to its intersection with the centerline of Lincoln Street; thence Northwesterly and Northerly along the centerline of Lincoln Street to its intersection with the centerline of Bratnober Street; thence West along the centerline of Bratnober Street to its intersection with the centerline of Columbia Street; thence North along the centerline of Columbia Street to its intersection with the centerline of the Canadian and National Railroad; thence Northwesterly along the centerline of the Canadian and National Railroad to its intersection with the centerline of Ackermant Street; thence North along the centerline of Ackermant Street to its intersection with the centerline of W. Parker Street; thence West along the centerline of W. Parker Street to its intersection with the centerline of Fairview Avenue and the Point of Beginning. Logan Avenue Overlay District — Legal Description Beginning at the intersection of the centerlines of Franklin Street and E. Mullan Avenue; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of Oak Avenue; thence North along the centerline of Oak Avenue to its intersection with the centerline of Utica Street; thence Northeasterly along the centerline of Utica Street to its intersection with the centerline of the former Illinois Central Railroad Beltline (abandoned); thence Northerly along the centerline of the former Illinois Central Railroad Beltline (abandoned) to its intersection with the centerline of the Canadian and National Railroad (formerly Illinois Central Railroad); thence Southeasterly along the centerline of the Canadian and National Railroad to its intersection with the centerline of E. Mullan Avenue (also known as U.S. Highway 63); thence Southerly and Southwesterly along the centerline of E. Mullan Avenue to its intersection with the centerline of Franklin Street and the Point of Beginning. E Fourth Street Overlay District — Legal Description Beginning at the intersection of the centerlines of Franklin Street and E. Second Street; thence Northeasterly along the centerline of E Second Street to its intersection with the centerline of Walnut Street; thence Northwesterly along the centerline of Walnut Street to its intersection with the centerline of Pine Street; thence East along the centerline of Pine Street to its intersection with the centerline of Iowa Street; thence North along the centerline of Iowa Street to its intersection with the centerline of Dane Street; thence West along the centerline of Dane Street to its intersection with the Centerline of E. Mullan Avenue (also known as U.S. Highway 63); thence North along the centerline of E. Mullan Avenue to its intersection with the centerline of the Webster Street right-of-way; thence East along the centerline of the Webster Street right-of-way and the centerline of Webster Street to its intersection with the centerline of Ankeny Street; thence North along the centerline of Ankeny Street to its intersection with the centerline of Ricker Street; thence East along the centerline of Ricker Street to its intersection with the centerline of Page I of 2 Linn Street; thence South along the centerline of Linn Street to its intersection with a line drawn between the Southeasterly corner of Lot 4, Block 7, Hammond and Hopkins Addition and the Southwesterly corner of Lot 7, Block 6, Hammond and Hopkins Addition; thence Westerly in a straight line to the intersection of the centerlines of E. Fourth Street and Dane Street; thence South along the centerline of E. Fourth Street to its intersection with the centerline of Walnut Street; thence Southeasterly along the centerline of Walnut Street to its intersection with the centerline of the Union Pacific Railroad; thence Southwesterly along the centerline of the Union Pacific Railroad to its intersection with the centerline of Franklin Street; thence Northwesterly along the centerline of Franklin Street to its intersection with the centerline of E. Second Street and the Point of Beginning. Church Row Neighborhood Overlay District— Legal Description Beginning at the intersection of the centerlines of South Street and W. Mullan Avenue; thence Northeasterly along the centerline of South Street to its intersection with the centerline of Washington Street; thence Southeasterly along the centerline of Washington Street to its intersection with the centerline of W. Sixth Street; thence Southwesterly along the centerline of W. Sixth Street to its intersection with the centerline of Randolph Street; thence Southwesterly in a straight line to the intersection of the centerlines of W. Sixth Street and Wellington Street; thence continuing Southwesterly along the centerline of W. Sixth Street to its first intersection with Grant Avenue; thence continuing Southwesterly along the centerline of W. Sixth Street to its second intersection with Grant Avenue; thence Northwesterly along the centerline of Grant Avenue to its third intersection with W. Sixth Street; thence Southwesterly along the centerline of W. Sixth Street to its intersection with Allen Street; thence Northwesterly along the centerline of Allen Street to its intersection with the centerline of W. Fifth Street; thence Southwesterly along the centerline of W. Fifth Street to its intersection with the centerline of Baltimore Street; thence Southeasterly and Southerly along the centerline of Baltimore Street to its intersection with the centerline of Pleasant Street; thence West along the centerline of Pleasant Street to its intersection with the centerline of W. Fifth Street; thence Southwesterly along the centerline of W. Fifth Street to its intersection with the centerline of Bayard Street; thence South along the centerline of Bayard Street to its intersection with the centerline of Williston Avenue; thence West along the centerline of Williston Avenue to its intersection with the centerline of Kimball Avenue; thence North along the centerline of Kimball Avenue to its intersection with the centerline of Reber Avenue; thence East along the centerline of Reber Avenue to its intersection with the centerline of Sullivan Avenue; thence North along the centerline of Sullivan Avenue to its intersection with the centerline of W. Second Street; thence Northeasterly along the centerline of W. Second Street to its intersection with the centerline of South Street; thence Northwesterly along the centerline of South Street to its intersection with the centerline of W. Mullan Avenue and the Point of Beginning. Page 2 of 2 CITY OF WATERLOO 5/6 1 4554L ! 3'4 Council Communication City Council Meeting: May 9, 2011 Prepared: May 4, 2011 Dept. Head Signature: Suzy Schares # of Attachments: 1 SUBJECT: Parking Fine Increase Submitted by: Suzy Schares, City Clerk Recommended City Council Action: Approve an Ordinance Repealing Section 335, Parking Fines, of the 2008 Traffic Code; and Enacting In Lieu Thereof a New Section 335, Parking Fines Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: This will make us comparable with the rates of other cities Current Rates Proposed Rates Meter Violation $5.00 if paid within 30 days $10.00 if paid within 30 days $10.00 if paid after 30 days $15.00 if paid after 30 days Overtime Parking $10.00 $10.00 if paid within 30 days $15.00 if paid after 30 days Improper, Restricted & $10.00 $15.00 if paid within 30 days Prohibited Parking $20.00 if paid after 30 days Meter Bags $2.00 per bag per day $5.00 per bag per day ORDINANCE NO. AN ORDINANCE REPEALING SECTION 335, PARKING FINES, OF THE 2008 TRAFFIC CODE; AND ENACTING IN LIEU THEREOF A NEW SECTION 335, PARKING FINES. That Section 335, Parking Fines, of the 2008 Traffic Code is hereby repealed in its entirety; that a new Section 335, Parking Fines, of the 2008 Traffic Code is hereby enacted in lieu thereof as follows: SEC. 335. PARKING FINES. (a) It shall be a violation of this article for any person to permit a vehicle to park in any parking space and adjacent to a parking meter without first inserting coins into the meter as designated on the meter. Legal parking is only permitted upon such a deposit. This type of violation shall be designated as a meter violation. A fine for each violation of this subsection shall be: $10.00 if paid within 30 days $15.00 if paid after 30 days. (b) It shall be a violation of this article for any person to permit a vehicle to park in any parking space adjacent to a parking meter beyond the period of legal parking time established for any parking meter zone. This type of violation shall be designated as overtime parking. A fine for each violation of this subsection shall be: $10.00 if paid within 30 days $15.00 if paid after 30 days. (c) It shall be a violation of this article for any person to permit a vehicle to park in any parking space which is in violation of any of the following subsections and shall be classified as an improper, restricted or prohibited parking violation. A fine for each violation of this subsection shall be: $15.00 if paid within 30 days $20.00 if paid after 30 days. Improper,restricted or prohibited parking violation shall be as follows: SEC. 273. STOPPING, STANDING OR PARKING. SEC. 274. METHOD OF PARKING. SEC. 275. THEATERS, HOTELS AND AUDITORIUMS. SEC. 276. BUS AND TAXI ZONES. SEC. 277. LOADING ZONES. SEC. 281. LOADING AND UNLOADING FROM ALLEY. SEC. 282. PARKING IN ALLEY. SEC. 283. BACKING INTO PARKING SPACE. SEC. 286. PARKING FOR CERTAIN PURPOSES PROHIBITED. SEC. 287. SUMMONS PLACED ON ILLEGALLY PARKING VEHICLE. SEC. 289. PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS. SEC. 290. NO PARKING BETWEEN SIGNS. SEC. 291. NO PARKING HERE TO CORNER. SEC. 292. NO PARKING HERE TO DRIVE SEC. 293. NO PARKING HERE TO TRACKS. SEC. 294. NO PARKING HERE TO ALLEY. SEC. 295. NO PARKING MAIL DROP. SEC. 296. NO PARKING HOTEL ENTRANCE. SEC. 297. TEN-MINUTE PARKING. SEC. 298. THIRTY-MINUTE PARKING. SEC. 299. ONE-HOUR PARKING. SEC. 300. TWO-HOUR PARKING. SEC. 301. NO PARKING 8:00 A.M. TO 4:00 P.M. SEC. 302. NO PARKING 1:00 P.M. TO 4:00 P.M. SEC. 303. NO PARKING 12:00 NOON TO 4:00 P.M. SEC. 304. NO PARKING 6:00 A.M. TO 6:00 P.M. EXCEPT SUNDAY. SEC. 305. NO PARKING ANY TIME EXCEPT SUNDAY. (d) Meter bags may be rented from the City at a cost of$5.00 per day per bag. PASSED AND ADOPTED by the City Council this day of 2011, and approved by the Mayor this day of , 2011. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk a. ORDINANCE NO. 5047 AN ORDINANCE REPEALING SECTION 335, PARKING FINES, OF THE 2008 TRAFFIC CODE; AND ENACTING IN LIEU THEREOF A NEW SECTION 335, PARKING FINES. That Section 335, Parking Fines, of the 2008 Traffic Code is hereby repealed in its entirety; that a new Section 335, Parking Fines, of the 2008 Traffic Code is hereby enacted in lieu thereof as follows : SEC. 335. PARKING FINES. (a) It shall be a violation of this article for any person to permit a vehicle to park in any parking space and adjacent to a parking meter without first inserting coins into the meter as designated on the meter. Legal parking is only permitted upon such a deposit . This type of violation shall be designated as a meter violation. A fine for each violation of this subsection shall be: $10. 00 if paid within 30 days $15 . 00 if paid after 30 days. (b) It shall be a violation of this article for any person to permit a vehicle to park in any parking space adjacent to a parking meter beyond the period of legal parking time established for any parking meter zone. This type of violation shall be designated as overtime parking. A fine for each violation of this subsection shall be: $10 . 00 if paid within 30 days $15 . 00 if paid after 30 days. (c) It shall be a violation of this article for any person to permit a vehicle to park in any parking space which is in violation of any of the following subsections and shall be classified as an improper, restricted or prohibited parking violation. A fine for each violation of this subsection shall be: $15. 00 if paid within 30 days $20 . 00 if paid after 30 days . Improper, restricted or prohibited parking violation shall be as follows : SEC. 273 . STOPPING, STANDING OR PARKING. SEC. 274 . METHOD OF PARKING. SEC. 275 . THEATERS, HOTELS AND AUDITORIUMS. SEC. 276. BUS AND TAXI ZONES. SEC. 277 . LOADING ZONES. SEC. 281 . LOADING AND UNLOADING FROM ALLEY. SEC. 282 . PARKING IN ALLEY. SEC. 283 . BACKING INTO PARKING SPACE. SEC. 286. PARKING FOR CERTAIN PURPOSES PROHIBITED. SEC. 287 . SUMMONS PLACED ON ILLEGALLY PARKING VEHICLE. SEC. 289. PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS. Ordinance No. 5047 Page 2 SEC. 290 . NO PARKING BETWEEN SIGNS. SEC. 291 . NO PARKING HERE TO CORNER. SEC. 292 . NO PARKING HERE TO DRIVE SEC. 293. NO PARKING HERE TO TRACKS. SEC. 294 . NO PARKING HERE TO ALLEY. SEC. 295. NO PARKING MAIL DROP. SEC. 296. NO PARKING HOTEL ENTRANCE. SEC. 297 . TEN-MINUTE PARKING. SEC. 298 . THIRTY-MINUTE PARKING. SEC. 299. ONE-HOUR PARKING. SEC. 300. TWO-HOUR PARKING. SEC. 301 . NO PARKING 8 : 00 A.M. TO 4 : 00 P.M. SEC. 302 . NO PARKING 1 : 00 P.M. TO 4 : 00 P.M. SEC. 303. NO PARKING 12 : 00 NOON TO 4 : 00 P.M. SEC. 304 . NO PARKING 6: 00 A.M. TO 6: 00 P.M. EXCEPT SUNDAY. SEC. 305 . NO PARKING ANY TIM E EXCEPT SUNDAY. (d) Meter bags may be rented from the City at a cost of $5. 00 per day per bag. INTRODUCED: May 9, 2011 PASSED 1ST CONSIDERATION: May 9, 2011 PASSED 2ND CONSIDERATION: May 9, 2011 PASSED 3RD CONSIDERATION: May 9, 2011 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 9th day of May, 2011, and approved by the Mayor on the 9th day of May, 2011 . Lei a/1 Ernest G. Clark, Mayor ATTEST: Suzy c ares, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5047, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 9th day of May, 2011. Witness my hand and seal of office this 9th day of May, 2011. SEAL Suzy c ares, CMC City Clerk ORDINANCE NO. 5047 AN ORDINANCE REPEALING SECTION 335, PARKING FINES, OF THE 2008 TRAFFIC CODE; AND ENACTING IN LIEU THEREOF A NEW SECTION 335, PARKING FINES. That Section 335, Parking Fines, of the 2008 Traffic Code is hereby repealed in its entirety; that a new Section 335, Parking Fines, of the 2008 Traffic Code is hereby enacted in lieu thereof as follows : SEC. 335. PARKING FINES . (a) It shall be a violation of this article for any person to permit a vehicle to park in any parking space and adjacent to a parking meter without first inserting coins into the meter as designated on the meter. Legal parking is only permitted upon such a deposit. This type of violation shall be designated as a meter violation. A fine for each violation of this subsection shall be: $10 . 00 if paid within 30 days $15. 00 if paid after 30 days. (b) It shall be a violation of this article for any person to permit a vehicle to park in any parking space adjacent to a parking meter beyond the period of legal parking time established for any parking meter zone. This type of violation shall be designated as overtime parking. A fine for each violation of this subsection shall be: $10. 00 if paid within 30 days $15 . 00 if paid after 30 days . (c) It shall be a violation of this article for any person to permit a vehicle to park in any parking space which is in violation of any of the following subsections and shall be classified as an improper, restricted or prohibited parking violation. A fine for each violation of this subsection shall be: $15 . 00 if paid within 30 days $20 . 00 if paid after 30 days. Improper, restricted or prohibited parking violation shall be as follows : SEC. 273. STOPPING, STANDING OR PARKING. SEC. 274 . METHOD OF PARKING. SEC. 275 . THEATERS, HOTELS AND AUDITORIUMS. SEC. 276. BUS AND TAXI ZONES . SEC. 277 . LOADING ZONES . SEC. 281 . LOADING AND UNLOADING FROM ALLEY. SEC. 282 . PARKING IN ALLEY. SEC. 283 . BACKING INTO PARKING SPACE. SEC. 286. PARKING FOR CERTAIN PURPOSES PROHIBITED. SEC. 287 . SUMMONS PLACED ON ILLEGALLY PARKING VEHICLE. SEC. 289. PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS. Ordinance No. 5047 Page 2 SEC. 290 . NO PARKING BETWEEN SIGNS. SEC. 291 . NO PARKING HERE TO CORNER. SEC. 292 . NO PARKING HERE TO DRIVE SEC. 293. NO PARKING HERE TO TRACKS . SEC. 294 . NO PARKING HERE TO ALLEY. SEC. 295. NO PARKING MAIL DROP. SEC. 296. NO PARKING HOTEL ENTRANCE. SEC. 297 . TEN-MINUTE PARKING. SEC. 298 . THIRTY-MINUTE PARKING. SEC. 299. ONE-HOUR PARKING. SEC. 300 . TWO-HOUR PARKING. SEC. 301. NO PARKING 8 : 00 A.M. TO 4 : 00 P.M. SEC. 302 . NO PARKING 1 : 00 P.M. TO 4 : 00 P.M. SEC. 303 . NO PARKING 12 : 00 NOON TO 4 : 00 P.M. SEC. 304 . NO PARKING 6: 00 A.M. TO 6: 00 P.M. EXCEPT SUNDAY. SEC. 305. NO PARKING ANY TIME EXCEPT SUNDAY. (d) Meter bags may be rented from the City at a cost of $5 . 00 per day per bag. INTRODUCED: May 9, 2011 PASSED 1ST CONSIDERATION: May 9, 2011 PASSED 2ND CONSIDERATION: May 9, 2011 PASSED 3RD CONSIDERATION: May 9, 2011 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 9th day of May, 2011, and approved by the Mayor on the 9th day of May, 2011 . Ld7e44, Ernest G. Clark, Mayor ATTEST: Suzy Sth'ares, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5047, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 9th day of May, 2011. Witness my hand and seal of office this 9th day of May, 2011. 39 SEAL uzy c ares, CMC City Clerk 4 a f ORDINANCE NO. 5047 AN ORDINANCE REPEALING SECTION 335, PARKING FINES, OF THE 2008 TRAFFIC CODE; AND ENACTING IN LIEU THEREOF A NEW SECTION 335, PARKING FINES. That Section 335, Parking Fines, of the 2008 Traffic Code is hereby repealed in its entirety; that a new Section 335, Parking Fines, of the 2008 Traffic Code is hereby enacted in lieu thereof as follows : SEC. 335 . PARKING FINES. (a) It shall be a violation of this article for any person to permit a vehicle to park in any parking space and adjacent to a parking meter without first inserting coins into the meter as designated on the meter. Legal parking is only permitted upon such a deposit . This type of violation shall be designated as a meter violation. A fine for each violation of this subsection shall be: $10 . 00 if paid within 30 days $15. 00 if paid after 30 days . (b) It shall be a violation of this article for any person to permit a vehicle to park in any parking space adjacent to a parking meter beyond the period of legal parking time established for any parking meter zone. This type of violation shall be designated as overtime parking. A fine for each violation of this subsection shall be: $10. 00 if paid within 30 days $15. 00 if paid after 30 days. (c) It shall be a violation of this article for any person to permit a vehicle to park in any parking space which is in violation of any of the following subsections and shall be classified as an improper, restricted or prohibited parking violation. A fine for each violation of this subsection shall be: $15. 00 if paid within 30 days $20 . 00 if paid after 30 days . Improper, restricted or prohibited parking violation shall be as follows : SEC. 273 . STOPPING, STANDING OR PARKING. SEC. 274 . METHOD OF PARKING. SEC. 275. THEATERS, HOTELS AND AUDITORIUMS. SEC. 276. BUS AND TAXI ZONES . SEC. 277 . LOADING ZONES . SEC. 281 . LOADING AND UNLOADING FROM ALLEY. SEC. 282 . PARKING IN ALLEY. SEC. 283 . BACKING INTO PARKING SPACE. SEC. 286. PARKING FOR CERTAIN PURPOSES PROHIBITED. SEC. 287 . SUMMONS PLACED ON ILLEGALLY PARKING VEHICLE. SEC. 289. PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS . Ordinance No. 5047 Page 2 SEC. 290 . NO PARKING BETWEEN SIGNS. SEC. 291 . NO PARKING HERE TO CORNER. SEC. 292 . NO PARKING HERE TO DRIVE SEC. 293 . NO PARKING HERE TO TRACKS. SEC. 294 . NO PARKING HERE TO ALLEY. SEC. 295. NO PARKING MAIL DROP. SEC. 296. NO PARKING HOTEL ENTRANCE. SEC. 297 . TEN-MINUTE PARKING. SEC. 298 . THIRTY-MINUTE PARKING. SEC. 299. ONE-HOUR PARKING. SEC. 300 . TWO-HOUR PARKING. SEC. 301 . NO PARKING 8 : 00 A.M. TO 4 : 00 P.M. SEC. 302 . NO PARKING 1 : 00 P.M. TO 4 : 00 P.M. SEC. 303 . NO PARKING 12 : 00 NOON TO 4 : 00 P.M. SEC. 304 . NO PARKING 6: 00 A.M. TO 6: 00 P.M. EXCEPT SUNDAY. SEC. 305 . NO PARKING ANY TIME EXCEPT SUNDAY. (d) Meter bags may be rented from the City at a cost of $5 . 00 per day per bag. INTRODUCED: May 9, 2011 PASSED 1ST CONSIDERATION: May 9, 2011 PASSED 2ND CONSIDERATION: May 9, 2011 PASSED 3RD CONSIDERATION: May 9, 2011 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 9th day of May, 2011, and approved by the Mayor on the 9th day of May, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy c �res, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5047, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 9th day of May, 2011. Witness my hand and seal of office this 9th day of May, 2011. SEAL Suzy ares, CMC City Clerk CITY OF WA I ERLOO t9-1 196 Council Communication Et City Council Meeting: Mav 9, 2011 Prepared: May 3, 2011 Dept. Head Signature: PH #of Attachments: SUBJECT: SULLIVAN PARK PLAY STRUCTURE Submitted by: Rick Curran, Facilities Manager Recommended City Council Action: Request Council adopt resolutions to preliminarily approve the request for the proposal document and specifications for Sullivan Park Play Structure, E. 4th &Adams Street, Waterloo, and to instruct the City Clerk to publish notice of hearing on proposal document, specifications, etc. and taking of bids, and to set date of hearing and bid opening as May 23, 2011. Summary Statement This project provides for a play structure and the installation of new playground equipment at Sullivan Park, E 4`h&Adams St.,Waterloo Iowa. A copy of the proposal document and specifications is in the City Clerk's Office for your review. Expenditure Required Source of Funds: Funding is available from Leisure Services G.O. Bond funds and Community Development Block Grant. Leisure Services crews will do site preparations. Policy Issue Alternative Background Information: Met with Neighborhood Association February 24, 2011. At that time we discussed the type of play equipment, color and age appropriate structure. Community Development Board awarded$34,000.00 for this project on July 1, 2010. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-401 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PURCHASE OF SULLIVAN PARK PLAY STRUCTURE. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Leisure Services Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the purchase of Sullivan Park Play Structure, in the City of Waterloo, Iowa, and WHEREAS, said Leisure Services Director did file said specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the purchase of Sullivan Park Play Structure . 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 Sullivan Park Play Structure, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 9th day of May, 2011. Ernest G. Clark, Mayor ATTEST: Suzy Schar s, MC City Cler This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-402 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE PURCHASE OF SULLIVAN PARK PLAY STRUCTURE, IN THE CITY OF WATERLOO AS MAY 23, 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 23rd 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 Sullivan Park Play Structure, 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 9th day of May, 2011 . 1rnest -e-elf G. Clark, Mayor ATTEST: Suzy Scha es, MC City Cler CITY OF WATERLOO Council Communication /� � ( 53 l City Council Meeting: May 9, 2011 JJ Prepared: May 2, 2011 Dept. Head Signature: PH #of Attachments: SUBJECT: 2011 WATERLOO FORESTRY BUILDING UPGRADES Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action:Approve Plans, Specifications and Form of Contract for the 2011 WATERLOO FORESTRY BUILDING UPGRADES, 1117 Campbell Avenue, and set the date of Public Hearing and Bid Opening as May 23, 2011. Summary Statement: This expansion project is to construct steel frame awning; replacement doors; insulation; replace deteriorated concrete and paint exterior of building at 1117 Campbell Avenue. These improvements should reduce energy consumption for this building. Expenditure Required: No expenditure at this time. Project Budget is estimated at$75,000.00 Source of Funds: Once bids are opened and contracts are let, the project costs are to be funded with a combination of bond funds and MidAmerican Energy rebates. Policy Issue: NA Alternative: NA Background Information: ANTS Architects' of Waterloo Proposal to provide design and construction documents for this project was approved 2/7/11 by the Finance Committee. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-403 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE 2011 WATERLOO FORESTRY BUILDING UPGRADES. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Leisure Services Director of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the 2011 Waterloo Forestry Building Upgrades, in the City of Waterloo, Iowa, and WHEREAS, said Leisure Services Director did file said plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the 2011 Waterloo Forestry Building Upgrades. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the 2011 Waterloo Forestry Building Upgrades, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 9th day of May, 2011 .4E nest G. Clark, Mayor 1744 ATTEST: Suzy Scares, CMC City Cl rk This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-404 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE 2011 WATERLOO FORESTRY BUILDING UPGRADES, IN THE CITY OF WATERLOO AS MAY 23, 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 23rd day of May, 2011, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc. , in conjunction with the 2011 Waterloo Forestry Building Upgrades, 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 9th day of May, 2011 . tek fa' Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Cler CITY OF WATERLOO Council Communication1--1,t8t • 6113 AU City Council Meeting: May 09, 2011 Prepared: May O : Dept. Head Signature urere: # of Attachments: SUBJECT: Portable water pump for live fire training Submitted by: Captain Mike Moore Recommended City Council Action:Approve to seek bids Summary Statement Expenditure Required $30,000.00 Source of Funds: State grant money from Fire Service Training Bureau Policy Issue Alternative Background Information: The Hazardous Materials Regional Training Center has a number of live fire props.At this time we take a fire truck out of service from Fire Rescue to provide water for the training. We would like to purchase a 750 gallon per minute diesel pump mounted on a trailer to be used for live fire training. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-405 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PURCHASE OF PORTABLE WATER PUMP FOR LIVE FIRE TRAINING. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Fire Chief of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the purchase of Portable Water Pump for Live Fire Training, in the City of Waterloo, Iowa, and WHEREAS, said Fire Chief did file said specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the purchase of Portable Water Pump for Live Fire Training. 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 Portable Water Pump for Live Fire Training, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 9th day of May, 2011 . goce ?4, 1 Ernest G. Clark, Mayor ATTEST: CZA0 Suzy Scha es, CMC City Cler This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-406 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE PURCHASE OF PORTABLE WATER PUMP FOR LIVE FIRE TRAINING, IN THE CITY OF WATERLOO AS JUNE 13, 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 13th day of June, 2011, for the purpose of holding a public hearing on proposed specifications, bid document, farm of contract, etc. , in conjunction with the purchase of Portable Water Pump for Live Fire Training, 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 9th day of May, 2011 . AV rnest G. Clark, Mayor ATTEST: Suzy Scares, CMC City Cl rk 1 �..... CIVIL SERVICE COMMISSION MINUTES 7:30 a.m.April 7,2011 Carnegie Conference Room Members Present: Tim Luce, Bonetta Culp,John Blitsch,Abraham Funchess (ex officio) Others Present: Sandie Greco, Dan Trelka,Jamie Knutson, Larry Smith, Cheryl Huddleston Huddleston said that Unfinished Business, Item A will be only an update. Moved by Luce, seconded by Blitsch to approve the amended April 7, 2011 Agenda. Motion carried. Moved by Blitsch, seconded by Luce to approve the March 17,2011 Minutes as mailed. Motion carried. I NFINISHF,D RIISINFSS The Civil Service List for Engineering Technician — Engineering Department was presented for approval. The Human Resources Committee approved the position on 12/13/10 and the Civil Service Commission on 2/18/11. There is a vacancy due to a retirement. There have not been any changes in the job description and testing criteria. The position was posted on the City website and Cable, a notice was sent to the agencies, organizations and individuals on the Affirmative Action list and posted in all City departments. We received 12 resumes and 11 candidates were invited to interview on 4/5/11 by a panel of Dennis Gentz from Engineering, Craig Clark from Building Inspections and Cheryl Huddleston from Human Resources. Two candidates cancelled their interview. The Civil Service List has 9 white males. Moved by Blitsch, seconded by Luce: We, the members of the Civil Service Commission, cert the following list of applicants, who are eligible, based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Engineering Technician for the City of Waterloo, Iowa Engineering Department. Appointment(s) shall be made from this list for the next year(April 7, 2011—April 6, 2012). CERTIFIED LIST Lonnie Brewer Brad Foulk Steve Norin Jonathan Queen Daniel Baker Antonio Motyko Derrin Wolford Brent Keil Ali Mohammad Elahi Motion carried. The Civil Service List for Maintenance Worker I — Traffic Operations was presented for approval. The Civil Service Commission approved the position on 2/18/11 and the Human Resources Committee on 2/21/11. This is a new job classification and job description that replaces a Parking Meter Repair position, vacant due to a retirement. The position was posted on the City website and Cable, a notice was sent to the agencies, organizations and individuals on the Affirmative Action list and posted in all City departments. We received 24 resumes and 12 candidates were invited to interview on 4/5/11 by a panel of James Bolger from Leisure Services, Kent Quin from Waste Management Services and Cheryl Huddleston from Human Resources. Five candidates did not pass their interview and 1 did not have a current driver's license. The Civil Service List has 6 white males. Moved by Luce, seconded by Blitsch: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible, based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Maintenance Worker I for the City of Waterloo, Iowa Traffic Operations Department. Appointment(s) shall be made from this list for the next year (April 7, 2011 —April 6, 2012). CERTIFIED LIST Tim Steimel Ryan Anderson Roy Trenkamp Marvin Shepard Brian White MacKenzie Ruchholz Motion carried. Update Sewer Maintenance Worker—Waste Management Services—Open Exam Approved by Civil Service 11/19/10 and by Human Resources 12/13/10. Advertised in the Courier, posted on the City website and Cable, notices sent to the agencies, organizations and individuals on the Affirmative Acton list and posted in all City departments. Vacancy due to a resignation but will have 2-3 additional positions o satisfy EPA/DNR regulations. Received 24 resumes, but only 6 met qualifications and were invited to interview by a panel of Keith Kerns and Gary Luck form Waste Management Services and Mary Peterson from Human Resources. One candidate did not show for interview and 1 did not pass. After considerable discussion, it was decided to not certify a list at this time. Will brain storm how to attract a larger, more qualified applicant pool and will bring list to Commission for certification later. NEW BUSINESS The job description and testing criteria for Police Sergeant was presented for approval. The Human Resources Committee approved the position on April 4, 2011. The current list has expired and we have 1 current vacancy. There is a written test with an interview for the top 20 scores. The only change in the job description and testing criteria is the composition of the interview panel — it will be entirely internal, rather than using officers from other cities. Moved by Luce, seconded by Blitsch to approve the job description and testing criteria for Police Sergeant. Motion carried. Culp arrived at the meeting. The job description and testing criteria for Storm Water Specialist for the Engineering Department was presented for approval. The Human Resources Committee approved the position on April 4, 2011. This is a new position and description, needed due to the EPA storm water regulations. Moved by Blitsch, seconded by Luce to approve the job description and testing criteria for Storm Water Specialist — Engineering Department. Motion carried. OTHER RIISINESS None With no further business, moved by Blitsch, seconded by Culp to adjourn. Motion carried. Cheryl Huddleston,Human Resources Manager Clerk for the Civil Service Commission MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday March 22, 2011 I. ROLL CALL Pat Cole declared a quorum and called the meeting to order at 1:00 pm. Board members present were Cynthia Goro, Tom Schellhardt, Pat Cole, Aaron Buzza, and Ed McCann via telephone. Director Brad Hagen and Doug Schindel with AECOM were also in attendance. Absent: Mark Higley, Steve Dust, Councilman Getty, and Councilman Hart II. AGENDA AS RECEIVED OR AMENDED. None. III. PUBLIC COMMENTS. None. IV. REPORTS A. Director's report — Director Hagen reviewed City budget reports through February 2011. Each revenue and expense line item was reviewed. Hagen discussed February 2011 revenues and expenses. Hagen also provided a YTD budget with a forecast through the end of the fiscal year. Discussion followed. Hagen reviewed airfares, on-time performance, load factor analysis, and enplanements were essentially flat. Hagen also discussed Delta Airlines (DL) on-time performance for the month and calendar year. Discussion followed. V. BOARD APPROVAL C. Approval of Minutes of February 22, 2011 Regular Meeting. Schellhardt moved to approve the minutes. McCann seconded. Ayes: McCann, Goro, Schellhardt, and Cole. Motion passed. D. Motion to Receive and File February 22, 2011 Expenses. All expenses were reviewed. Director Hagen discussed the expenses that were non-reoccurring. Schellhardt moved to approve the minutes. Goro seconded. Ayes: McCann, Goro, Schellhardt, and Cole. Motion passed. E. Approval of Change Order #1 — IDOT Hangar Door Project. Hagen and Schindel presented Change Order (CO) #1 for IDOT Hangar Door Replacement project$5,754. The CO is for two items. First, was for installing a hangar beam above a t-hangar door to enable better support for a hangar door. Second, grinding of asphalt was required to allow proper fitting and positive drainage. The funding will come 100% from an IDOT grant. The project is substantially complete and will be closed out soon with IDOT. A discussion of the CO breakdown and project followed. Goro moved to approve CO #2. Buzza seconded. Ayes: McCann, Goro, Buzza, Schellhardt, and Cole. Motion passed F. Approval of Plans — Rehabilitation of Apron 3A. Hagen and Schindel provided an overview of the plans and specifications for the Rehabilitation of Apron 3A project. Schindel provided in depth discussion about project scope, timing, and other specifics. Goro moved to approve Plans and specifications. Buzza seconded. Ayes: McCann, Goro, Buzza, Schellhardt, and Cole. Motion passed G. Approval of Hertz and Avis Car Rental Lease. Hagen presented a draft car rental lease for both Avis and Hertz. Both leases are identical except for names. The City attorney drafted the leases. They are for a 3-year term. They have the same terms and conditions as the previous leases. Discussion followed. Goro moved to approve Plans and specifications. Buzza seconded. Ayes: McCann, Goro, Buzza, Schellhardt, and Cole. Motion passed VI. OLD BUSINESS VII. NEW BUSINESS VIII. ADJOURNMENT Buzza moved to adjourn the meeting at 2:00 PM. Schellhardt seconded. Ayes: McCann, Schellhardt, Goro, and Cole. Motion passed. Respectfully sub ' ted, I r thia oro, Secre ary Black Hawk County Criminal Justice Information System Board of Directors Meeting April 6, 2011 The regular meeting of the Board of Directors of the Black Hawk County Criminal Justice Information System was held on Wednesday, April 6, 2011, at the Fire Training Facility. Chairperson Jeff Olson called the meeting to order at 9:29 a.m. Voting Members in Attendance: Guests of the Board in Attendance: Jeff Olson, CFPD J Flores, BH CCC T Thompson, BHCSO J Swanson, BH CCC L Feaker, LaPorte City PD J Marsh, Hudson PD D Trelka, Waterloo PD S Irwin, RACOM T Little, BHC BOS Voting Members Absent: R Weber, Evansdale PD ACTION ITEMS: Approval of Agenda Approval of March 2, 2011 Board Meeting Minutes — Motion made by Thompson and Seconded by Little to approve the minutes of the March 2, 2011 Board meeting. Motion carried. Approval of Bills Paid in March, 2011 and Approval to Receive and Place on File February 2011 Accounting Reports: Mastercard-289.41 , RSM McGladrey-3838.00, Courier-86.36, IA DPS-4103.00, Staples- 36.75, Verizon-1491 .29, Postmaster-44.00, CF Util-450.00, Adv Sys-90.19, Networking Sol-162.50 Action: Motion made by Thompson and Seconded by Feaker that the Board approve the list of bills paid in March 2011 and Approve to Receive and Place on File February 2011 accounting reports. Motion carried. OLD BUSINESS: None NEW BUSINESS: None GENERAL DISCUSSION: Adjournment: Motion made by Thompson and Seconded by Little to adjourn at 9:30 am. Motion carried. Respectfully submitted, Chairperson Jeff Olson JO:jes CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS CENTER BOARD MEETING April 6,2011/10:00 A.M. MINUTES Chairman Feaker called the Consolidated Communications Board Meeting to order at 9:45 a.m. on Wednesday, April 6, 2011. Board Members Present: Chairman Larry Feaker—LaPorte City PD Jeff Marsh—Hudson PD Jeff Olson—Cedar Falls PD Sheriff Thompson—BHCSO Daniel Trelka—Waterloo Tim Schultz—Dunkerton PD John Schilling—CFFR Kent Smock—Evansdale FD Lorie Glover—BHC EMA Scott Irwin—RACOM Brian Northland—Gilbertville PD John Baber—Iowa State Patrol Judy Flores—BH Consol. Comm Jan Swanson—BH Consol. Comm. 1. Approval of minutes of the March 2,2011 Board Meeting. Motion made by Marsh, Seconded by Thompson to approve the minutes of the March 2, 2011 meeting. Motion carried. 2. Agenda Revisions: None 3. Old Business 3A. Report from Communications Administrative Supervisor Judy reported on legislation to raise surcharge for wireless phones to $1.00 that is currently in Ways and Means Committee. Thompson commented that means the bill is still alive and it is the Republicans they are concerned about. The Committee will not move it out to the floor if they feel they don't have good Republican support. Judy interjected we really need to encourage our local representatives to support it because the extra$.35 will go directly to the local communities for the PSAPs on top of what we currently get from the $.65. Olson stated the $.35 will go to grants that we can apply for. Judy said she didn't know if they would limit that to $50,000 cap per year. Thompson said they got the wording changed because originally it said for narrowbanding. It's a very good bill for counties though not for the State. Judy stated the 911 Council is very much in support of it as well as APCO Association and NENA Association. Several of the staff at the Center attended the APCO/NENA Spring Conference. Main speaker was a LA State Trooper, Bobby Smith. Also speaking was a communications center manager from Linn County, Cedar Rapids PD and he will be coming to do training here about 9-1-1 Bullies,being able to work professionally with people within your department and back to the basics of being a dispatcher and taking calls. We have invited surrounding communications centers to come in for that training as well on April 25. Judy continued that ABC World News featured our Center regarding 9-1-1 Texting. This brought on more calls. On Friday Judy did an interview with a paper out of New York regarding texting. Originally Judy was asked by Intrado to go to Washington DC to meet with the FCC Emergency Access Communications Committee on Friday but instead will participate in a conference call this Friday to discuss Next Generation 911. 1 Judy is working on a self-audit for Iowa NCIC Field Services. Judy announced next week is National Public Safety Telecommunicator Week for honoring our dispatchers. She invited everyone to stop down next week. The Governors put out a press release that she can put out if this Board would like her to. Feaker said that would be a good idea. Judy concluded reporting that at the APCO Conference the Iowa State Interoperable Communications System Board (ISICSB) gave them a survey. Some communities the EMA is very involved with the communication centers but ours is not so much. They brought it to the conference and the survey can be filled out online. She has done several in the past and she will pursue it if the Board would like. She asked Lorie Glover if she has filled hers out. Lorie believes she did but will check for sure. 3B. Discussion and Possible Board Action ref Generator Work in Consolidated Communications Center Thompson remarked they are expecting to hear something by the end of April but have not as yet. We have made it clear that they cannot do something without proper notification ahead of time. Judy interjected they are supposed to be getting a map. 4. New Business: 4A. ESF2 Communications Plan Review(Counties Emergency Mgmt Communication Plan)—Judy stated she has gone through it and made a few notations. Lorie stated this is the final stage and they would like to get it sent in before June 30, 2011. She clarified that it should be to the State so they have a chance to look at it and approve it. Judy asked Lorie if she has a committee she is working with. Lorie responded she asked for volunteers and no one stepped forward so she sent it to the lead people. Judy will get with Lorie and anyone else on the Board that wants to be involved with it. 4B. Discussion and Possible Board Action ref Civil Defense Siren Policy Judy reported the meeting was yesterday and the few that came made some changes. It sets up a primary when EMA does not have someone in the office. When it is a fast moving storm EMA staff may not be able to get back to the office and that is when Dispatch would step in. If there is a slow moving storm, we would transfer the activation responsibilities to EMA when they get to their office. They are adding severe thunderstorm warnings when the National Weather Service (NWS) issues a warning and winds are 70 MPH or greater, we would set the sirens off. Judy added there will need to be some educational Public Service Announcements (PSA) letting people know that sirens sounding doesn't always mean tornado but could be a severe thunderstorm warning. Schilling has some samples of PSAs for Judy to send out. He read an example. Lorie interjected that the key is the NWS is issuing a warning of a severe thunderstorm with the likelihood so we aren't asking any law enforcement, weather spotter or anyone else out there to be guessing whether or not the wind is 70 MPH. Schilling stated that 70 MPH winds can do as much damage as an ESFO tornado, which is 65 to 85 MPH wind. It can strip roofs off of buildings, damage trees, or throw 2x4s through houses or cars. The media has to allow PSAs. Lorie stated she was contacted by KWWL this week to see if she would like to be on the Morning Show sometime. She accepted stating she has been waiting for the approval of this policy and then they will put out PSAs. Judy spoke about the procedures and the changes there. Dispatchers will ask if direction of clouds is known. If the direction is known they will set the sirens off for the areas affected. If it is unknown, they will activate for the entire County. Thompson asked how far we are from some of the technology to support that decision. Schilling replied the easiest way is going to be using a data link to the internet, putting it up on a screen and using National Weather Service as a 2 • website. There is no cost except for the wiring and the screen itself. Judy stated we don't have the ability to project it anywhere right now but evidentially we will as soon as we get the screen from forfeiture (Task Force). She stressed that when things get very busy because of a storm, it may be difficult to monitor which direction a storm is moving while their first priority is to the officers in the field and to the calls coming in. Schilling added that the responsibility of the Dispatch Center is to the public, this is part of it and it should be a priority in incidents and how they manage those incidents. The way they process information coming in should be no different than the way they process it now. Thompson stated he sees this technology as supplemental to or in supporting documentation of what direction you sound the sirens. If someone calls in a funnel cloud, the dispatcher asks which direction and glances at the screen and can see that the polygon is showing that direction also. Judy clarified she was talking about not expecting dispatchers to continually monitor the screen to see which way it is going with major things going on. It gets crazy even with every console filled and they have had to in the past. Feaker asked how often the EMA is not staffed. Lorie replied it is quite often because storms usually happen after normal business hours. She has a 1.5 person staff. With the Dispatch Center being staffed 24/7, we can work together and provide the best service we can provide. Discussion followed. Schilling interjected we are just formalizing what we have always done in the past and that is the Dispatch Center sets off the sirens when there is no one in the EMA office. Lorie added that it is still her responsibility and she will be in the office whenever she can. That is not going to change. Marsh stated that was his concern is that they were going to shift the responsibility off to the Dispatch Center but wants to be assured that it remains the responsibility of the EMA office. Lorie stated there are times when she is gone to conferences or meetings. Marsh emphasized that the responsibility is still the EMA position not the Dispatch Center. Motion made by Marsh and Seconded by Schultz to approve the outdoor warning sirens policy. Motion carried. EXECUTIVE SESSION: None requested. GENERAL DISCUSSION: Thompson asked to discuss the EMA levy. They are in a fact-finding mode and there is potential to pursue it. Schilling stated the biggest thing is to research the feasibility of doing something like this in the County. The decision will be made by the Mayors of the Cities and the Supervisors. The EMA Commission will have to approve it to make it a non-voting referendum and the supervisors would enact it. Thompson added at the last meeting of the EMA Board, the mayors present didn't indicate a lack of support. Schilling interjected that his meeting with Cedar Falls' Mayor and staff showed they would like to look into it and the benefit to the communities. Thompson stated we have already built the infrastructure that Johnson County had. Being able to take lessons from both Johnson and Scott Counties, we can improve on their experience and benefit in that way. Olson asked about Scott County and Judy replied they aren't in their building yet. Benton County's center is not open yet but a tour can be arranged. Lorie stated the EMA Director doesn't move into his office until August so parts of it are further along than others. 3 Olson spoke with Brennan at RACOM and got the cost for doing the BDA for$43,000. It includes narrowbanding, paging, additional transmitters at LaPorte City and Hudson, upgrades on the Communication Center, mutual aid,point-to-point, Linden Ave water tower. Irwin clarified that mutual aid and point-to-point are not narrowband compliant and the Linden Ave water tower has a high band base station that needs to be narrowband compliant. Irwin added they came up with figures to see which way they wanted to go. Thompson asked if there are other options. Irwin replied it has to be narrowbanded so there is no choice there. We have to keep in line with what the State of Iowa is doing. Olson stated he will get with Brennan and Irwin to discuss and understand this further. He wonders if we would be able to get a grant if the 35 cent increase gets passed for wireless surcharges. Irwin stated there are things he can do. He can back the audio output down and bring half the transmitter and the narrowband compliant. He'll leave the receivers wideband until the last day because if an Allamakee vehicle comes into BHC and they aren't narrowbanded, they cannot get directions on mutual aid from the Communication Center. This is a budgetary issue to start looking at and then they will go with other options. If the State says they are doing their communication centers mutual aid and pt-to- pt tomorrow, Irwin will just reset the transmit audio to narrowband and leave the receiver wide until the Board decides what and how they want to do it. Schilling gave Olson a check list for narrowbanding from the Statewide Interoperability Board. Feaker addressed Irwin regarding this whole project starting 15 years ago. He added we didn't change then because it wasn't needed. Irwin replied the equipment being sold back then didn't come out of the box narrowbanded and people had to pay a big price to have it done. Everything today is narrowband capable. He added that the concern is to watch the fire paging. Something will have to be done because when he flips everything to narrowband, it will hinder our page reception. With Mutual Aid and Pt-to-Pt they can get by probably up to January 1, 2013. A lot of people are making this narrowband into a bigger nightmare than it is because they don't truly understand how it has to happen and why. RACOM is being made out to be the bad guy because they are delivering the bad news but the FCC is making them do it. This Board doesn't have to come up with the money today or next month but just a piece at a time entirely up to their finances. Olson will get with the Interoperability Board and put a time table together. Adjournment: Motion made by Marsh and Seconded by Schultz to adjourn. Motion carried. Meeting was adjourned at 10:20 a.m. Respectfully submitted, Chairman Larry Feaker LF:jes 4 4 BLACK HAWK COUNTY 911 SERVICE BOARD April 6, 2011 Chair Olson called the meeting of the Black Hawk County 911 Service Board to order at 10:40 a.m. on Wednesday, April 6, 2011 at the Waterloo Fire Training Center. Members Present: Chief Olson—Cedar Falls PD Sheriff Thompson—BHCSO Chief Schultz—Dunkerton PD Daniel Trelka- Waterloo Chief Marsh—Hudson PD Chief Feaker—LaPorte City PD Members Not Present: Chief Weber-Evansdale PD Non-voting Members Present: Lorie Glover—BHC EMA John Schilling—Firemen's Assn. REGULAR SESSION: 1. ROLL CALL: Black Hawk County—yes, Cedar Falls-yes, Dunkerton-yes, Evansdale-no, Hudson-yes, LaPorte City-yes, Waterloo-yes 2. Discussion and Possible Amendments to agenda None 3. Budget Update/Approval of Minutes- Approve the March 2, 2011 Minutes and Budget Update: MOTION MADE byThompson and SECONDED by Feaker to approve the budget update and minutes to the March 2, 2011 meeting. MOTION CARRIED. 4. OLD BUSINESS 4A. Discussion and Possible Board Action ref Narrowbanding Olson stated they received a bid from RACOM for narrowbanding and paging; additional transmitters at LaPorte City and Hudson Fire for$12,000, Communications Center improvements for$3,000, Mutual and Point-to-point Linden tower for$27,000. [Discussion from Communications Board meeting: Olson spoke with Brennan at RACOM and got the cost for doing the BDA for$43,000. It includes narrowbanding, paging, additional transmitters at LaPorte City and Hudson, upgrades on the Communication Center, mutual aid, point-to-point, Linden Ave water tower. Irwin clarified that mutual aid and point-to-point are not narrowband compliant and the Linden Ave water tower has a high band base station that needs to be narrowband compliant. Irwin added they came up with figures to see which way they wanted to go. Thompson asked if there are other options. Irwin replied it has to be narrowbanded so there is no choice there. We have to keep in line with what the State of Iowa is doing. Olson stated he will get with Brennan and Irwin to discuss and understand this further. He wonders if we would be able to get a grant if the 35 cent increase gets passed for wireless surcharges. Irwin 1 stated there are things he can do. He can back the audio output down and bring half the transmitter and the narrowband compliant. He'll leave the receivers wideband until the last day because if an Allamakee vehicle comes into BHC and they aren't narrowbanded, they cannot get directions on mutual aid from the Communication Center. This is a budgetary issue to start looking at and then they will go with other options. If the State says they are doing their communication centers mutual aid and pt-to-pt tomorrow, Irwin will just reset the transmit audio to narrowband and leave the receiver wide until the Board decides what and how they want to do it. Schilling gave Olson a check list for narrowbanding from the Statewide Interoperability Board. Feaker addressed Irwin regarding this whole project starting 15 years ago. He added we didn't change then because it wasn't needed. Irwin replied the equipment being sold back then didn't come out of the box narrowbanded and people had to pay a big price to have it done. Everything today is narrowband capable. He added that the concern is to watch the fire paging. Something will have to be done because when he flips everything to narrowband, it will hinder our page reception. With Mutual Aid and Pt-to-Pt they can get by probably up to January 1, 2013. A lot of people are making this narrowband into a bigger nightmare than it is because they don't truly understand how it has to happen and why. RACOM is being made out to be the bad guy because they are delivering the bad news but the FCC is making them do it. This Board doesn't have to come up with the money today or next month but just a piece at a time entirely up to their finances. Olson will get with the Interoperability Board and put a time table together.] Chief Schilling gave Chair Olson a checklist for narrowbanding from the State Interoperability Board. 3.B Discussion and Possible Board Action ref Generator Work in Consolidated Communication Center Thompson stated they are waiting for the electrical mapping they requested from the contractor to make sure they know that when they flip a switch what all outlets will be affected. NEW BUSINESS: 4A. Discussion and Possible Board Action ref Shieldware Presentation of AVL Daryl Douglass gave a presentation on the software that is already installed in Dispatch allowing it the ability to track the units in the field. Daryl stated a while ago the Comm Center and 9-1-1 actually paid for AVL for all of the squad cars. As time went on it was not utilized anymore so RACOM offered to stop the yearly maintenance on the AVL product. Now with the new versions of mobile that they already have in place, there is the ability to add AVL through that. The information needed a medium to get back and forth through the GPS system. The mobile system has the ability,just like the RACOM radio used to have, to send that information back and forth with data packets. The mobile client is talking to the mobile server. Since they already have and have paid for the software it's just a matter of turning back on the maintenance and turning the AVL piece back on and use it through the mobile client. Two different things take place. AVL: there is a radio base the minute the car is on or the minute the radio is on and it is transmitting back and forth. This one is going to be whenever the MOBILE is turned on. When the Mobile client is logged in it will be sending information back and forth. If the Mobile client 2 is NOT logged in, then GPS information is not passed back to the cars. The next piece they need to have is some sort of GPS unit. Some of the agency's toughbooks have GPS built into them and some agency's do not. Any GPS unit that transmits a standard format can be utilized. Daryl just purchased a USB GPS receiver with a magnet on the back for$40 made by Global SAT. For the Black Hawk County group there is the ability to get compliant with two-factor authentication. When they turn on the Mobile client it recognizes the cell phone number and provides the second factor of authentication. It will text to the cell phone a four-digit password. Now he can log in. That password is only good one time for that one login. If the officer doesn't have a cell phone with him, Dispatch can transmit that code (some agencies call it Transaction 75) over the radio because it will only work one time for that one login. There are other ways; a little USB fob where you go into a website online and they give you a code to put in. Those were $150 per stick so Shield programmed it in because it is cheaper. Daryl logged in with the 4-digit code and demonstrated the AVL program. This piece allows them to place a marker every time something significant happens. If they are following someone and they throw something out the window they can hit the button and place a marker with date and time stamped. If they run a red light, they can place a marker. Judy asked if the marker puts a remark in CAD. Daryl replied they have asked that capability to be in the next release to put lat/long as a remark in the Calls for Service (CFS). It logs it into the database just not the CFS right now. When the Mobile unit has AVL attached to it you will see the lat/long, speed travelled and direction in the top window of the bar. Upon testing accuracy, they never got the speed wrong. GPS satellites can be affected by weather, lots of tree foliage.... the same things that affect your air cards. Officers do not have to do anything special. In Henry County they have the GPS in their Toughbooks but it wasn't getting good satellite reception inside their cars so they put an external antenna on their docking station and were able to pick up 12 satellites after that. Daryl showed what Dispatch sees when he is logged in. Dispatch sees where the car is, the unit ID, the speed and the direction of travel. Other options with the Dispatch mapping are to go back and replay an event. He demonstrated. There are two modes: is the unit on a CFS or not, the second is their speed. It breaks that down into 3 variations depending on how fast they are going which determines how often it updates. The faster you are going the more often you want it updated. The times are controlled and set at the Mobile server so they can be adjusted as they wish. Daryl replayed his trip into town using markers. The system is usually utilized for being able to dispatch by proximity. Not only can they see where their unit is, they can see where the pending calls are,where the 911 calls are and where the other units are from Dispatch. It can be used for proactive things as well. If someone complains the officers never go by their house, it can be monitored and proven how often a unit patrols that area. It can be used to prove or disprove an allegation that a citizen might make. Sheriff Thompson asked if the information from an event can be downloaded. Daryl replied right now the only thing that can utilize the database is Shield Mapping. In the next version of RMS and the next version of Mapping they hope to include the AVL pieces in RMS so they don't have to go back to Dispatch to play it back. It is an open database so someone with GIS skills can export the database into whatever file format and it would have all that information 3 where you could plot it into ARC View or some other mapping program to be able to plot the points along the way. The only other thing he can suggest if they want something to play for court is `screen captions' they can run on Dispatch, play that event and capture while it is going. It can be saved as a movie or a Windows media file. CAD and Master server are one so it is saved there. They could reach 5 GB of data in 4 or 5 months. Judy asked if a Waterloo dispatcher is just capturing the Waterloo cars or can the Sheriff just monitor his cars? Daryl said they can make it so the only units showing are the ones on the status monitor. He added that in playback, they can pick which units they want to see. Right now in real life they see everyone as it stands. Daryl stated there is some talk about being able to get this information back into the car so the cars can see it. It's a lot like what MACH is doing with their software. MACH is using Googlemaps on their back side. Shield is talking about getting with the people who do the MACH and transmit the data an agency wants to MACH. The whole idea of the MACH is to be able to see all units in all counties. Judy interjected it would be beneficial to have the MACH interface in the Center because then they could see where the Troopers are or the DOT or whatever as well as our own vehicles. Daryl stated they have thought of that. One of the concerns for agencies coming in is that they want to see MACH. When it comes down to buying AVL it is a huge consideration. Black Hawk County already has AVL, they are just turning this piece back on. Schilling asked if our maps have other counties or just our own. Judy replied we can see surrounding counties. Daryl suggested we might have the State of Iowa road maps. Daryl stated the GIS data is Shield's mapping viewer. Judy stated the User's Group saw this presentation a couple of months ago. She added that not all the agencies have to have this but it would be beneficial to the Dispatch Center if they all did. Thompson asked about additional expense to turn this feature back on. Daryl believes it's about $400 added to the annual maintenance cost. Agencies that don't have GPS would have to purchase them for$40 each. Discussion followed regarding GPS. Olson asked Judy how it will affect how they dispatch to have this mapping software and a screen. Judy replied they will still use CAD to dispatch but it gives the dispatchers the opportunity to see when a 911 call comes in where the units are and even though it might be one unit's call someone else might be closer. They would have the opportunity to get the closest unit there quickly. Daryl added it is an officer safety issue, too,because if he jumps from his unit to pursue on foot, they know exactly where that officer's unit is and they have date and time stamp. Olson stated the agencies can log in also. Daryl agreed and added that each agency has a CAD workstation and anyone who can log into CAD can see it. Olson asked if he could log in at his computer. Daryl replied he couldn't but they are working on that in their next version of RMS if the agencies buy the mapping piece of RMS to go with it. Olson remarked he can see some officers not liking this. Daryl stated when they put it in Virginia,within a week the officers were comfortable with the newness of being tracked. If the Client isn't on or if the GPS isn't in it, then it isn't working. If someone is working on something super secret, they can disconnect the GPS. Marsh asked about it working when the wireless connection goes down. Daryl replied when the wireless connection goes down, the Mobile Client stays on and continues to collect data. When the connection is reestablished, as long as they don't have to log back in to Mobile it will send it all back in there. They had a deputy last week who didn't connect to the VPN, drove all the way from his house, realized that the VPN wasn't connected, connected when he got to the station 4 • and all the data it had been trying to send came flooding through. He sat at the station and watched himself drive back to the station. It is no different from a mobile transmission traveling back and forth; it is just adding that piece to it. Daryl stated Henry County and Brunswick County are using the Mobile AVL piece. Tama County, Muscatine County,Bremer County and Butler County have AVL but it is coming through radios into Shield's software. The biggest issue with getting GPS data back and forth is the method of communication. With Mobile being in place, Shield just uses that tunnel. Olson recapped that they have the software but need to turn it on. The cars that have GPS can get going and the ones that don't have to get antennae. He asked if the individual agencies set it up. Judy stated this Board needs to make the decision if they are going to pay$400 per year to turn the software back on for one agency or do they need to have everyone on board. At the User's Group meeting everyone was on board except the Sheriffs Dept. Thompson stated it was a matter of putting in place what would make it work. They have figured out a way to make it work. Olson asked if it would be appropriate for the individual agencies to go back and discuss it and eye the cost. He isn't sure if he will need to buy antennae or GPS. Thompson stated from the user's perspective the officer sees his lat/long and speed and marker button but no map. Daryl affirmed this. Thompson added the marker button is a huge selling point to the users when they can mark when things happen. Marsh interjected that they can do that with the video cameras now. When asked to bring up the map on the screen, Daryl replied there currently is no map on the Mobile but it is on the future enhancement list. Thompson asked when this would be coming out. Daryl stated the backbone of the mapping software is an ESRI product called Map Objects but that has gone away. For software development kits they are using a program called ARC Engine. ARC Engine has some costs associated with licensing with ESRI but ARC Engine is basically ARC software like the GIS departments are using. Shield then incorporates what they want into it. Since they have air cards in the cars, they may utilize Google or Bing maps that the cars already have instead of spending $300 a mapping client to put in the car. He added if we put GIS in the cars do we use the maps the agency has or for speed and to match up with everything else in MACH do we use the Google or Bing maps. This is what they are working on. Thompson said they used to complain about it taking 3 minutes to get a response back and Shield got that nailed down to 10-15 seconds. He wonders if turning on AVL will slow that down. Daryl replied it will not. Right now there is about a 20 second ping rate if their mobile clients are talking to the server and it is just a very small piece of data stream that is going along with it. It is no more transmissions than before but is just a little bit longer data stream. Jason Dolf asked if CAD or NCIC take priority on data coming back over AVL. Daryl replied it would ride with it on the same data stream. A communication going in would go the same time the NCIC would. Olson asked if it would be beneficial for Dispatch. Judy replied she thinks it would especially when they have an officer out and all of a sudden they are off on a pursuit. Dispatch has no idea where they are. With this Dispatch could see the last location and get officers to that area rather quickly. Schilling stated he is familiar with what they use in Polk County and as far as the type of mapping that we go with, there needs to be a lot of consideration into using our own County maps because of the layering we can do both internally within each city and each GIS department. If Cedar Falls wants to show hydrant locations, department hazards, water mains, etc., they won't have that ability with using Google maps or Bing maps. Thompson asked if 5 those layering maps are huge files. Daryl responded the biggest would be the property layer; the rest aren't that big in size. If we went that route the best way would be to put the maps on each workstation. Daryl added they could put Mobile in the fire trucks and EMS. Cedar Falls has Mobile in 3 trucks now. Dolf asked if they can switch from Vector map to imagery if they have a brush fire or something. Daryl replied it would have to be loaded. 5B. Discussion and Possible Board Action ref State Interoperability Meeting Update— Fire Chief Schilling Schilling state he was invited by the Emergency Management Agency and also through his past history with State Interoperability Committee Meeting. The Committee wanted to build regional committees according to the Department of Homeland Security regions within the State. We are in Region 6 and had the seconded largest showing for this meeting. Basically they want to refine the process of building regional committees to help move the process along. If they rely on the State the process is going to take a lot longer because the communication of issues takes an incredible amount of time. The biggest advantage is we have a lot of local input into what our needs are and how we can be benefited by the State's program. Schilling put Judy's name on the list and if anyone else would want to be on it they can let him know. This will be the mode of communicating between the State and our local area but also we need to address how to get information on Interoperability out to everyone locally. GENERAL DISCUSSION: Adjournment: MOTION MADE by Feaker and SECONDED by Marsh to adjourn. MOTION CARRIED. Meeting adjourned at 11:20 a.m. Respectfully submitted, Chair Jeff Olson JO:jes 6 _ !-•trA �.� CITY OF WATERLOO , IOWA ��°;�f�\�2�"' CITY HALL - 715 MULBERRY STREET 50703 ',1."T�/ d WOO.`''' Today's Date: 05/03/11 Effective Date: 4/22/2011 Employment Date: 3/26/1979 To: City Council Members Re: Notice of Severance Department Traffic Operations Job Title/Classificati Electrical Foreman This is to report that the employme Richard"Rick"Westphal with the City of Waterloo has been severed by reason of: O Retired Disability Relate No ❑ Yes ❑ Resigned ❑ Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours x)Hourly Rate Total Payout Vacation-Accruec 61 $ 25.07 $ 1,529.27 Vacation-Current 200 $ 25.07 $ 5,014.00 Usable Sick Leav 5 $ 25.07 (x)25% $ 31.34 Frozen Sick Leav 592 $ 25.07 (x)60% $ 8,904.86 Personal Hours 0 $ _ Comp Time Pay 43.57 $ 25.07_ $ 1,092.30 Unscheduled 0 $ _ Other Pay 0 $ _ Total Payment $ 16,571.77 Comments: 1, Approved b� r 1� ./t-1 Date 05/03/11 Human Resources Cit. Date ��//( Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward approved form to Department Updated 7/20/10 Council Agenda Date: AS/400 Status/Accrui73 1-9 Cl) Co A 5 0D < < 3 CD m 00 `Zaa .< 0 1 _. �' N O SN N 00' N 7- W \ N a) N o 'I .. O D7 O N �� a �,� y O <0 3 0 0 \ 4ctoN O n N D) I�` cn co (I) c C) cm C _ = 0 o - O (D C C 7 » CD O y• '. n * (D * * Z o * * * * * * * * * * * * -i p S O ,g -1 D C * > * m o > n m co -.< ,-+ 0 0 o D m o 3 m o :A a c - O v, - � < c N N N ^ < 12) O O 0 n a) i m0 0 00 53 = rn 3 rn� m 0) o n 70 m o o 0. C7 'C C' .0p- -1 Z CD -13 7 CD o -o c o a ET W r - :jH e CO O 7 3 a cn N O F r p O v F v, w v o c 0 N j DO °) cn o co N (0 O - O -i N v) CO 5 0D < > -0 6 m � o '2' 0_ = ° I o < � � Spm o N CDp N 7 CO CD O. w a) -7 Z N N < CO - CD CD 3 O o ' CD _1 O O =ct. * co co cn _ O * N 'd V C) * 0 U o * 0 m ► * o Q N. : 6 '' d * o N * N C . 7 0 : co .Z » 0 C M 5 co :-i * co * 0 D > 7 —I m 0 c D ear 0 -o C D 0 'o _ co w 3 -< X `< A co co C (7 co 3 Fricn 0 * cn o D m Dmxx3mU) m0O G) D - 0 cp cDi aC. X � a3) �• stNncl - o X X o Co Cr moo o -03 0 M > 0o Co o m40 o o co 0 73 IT! mo mX Si , N O CD 3 o m A N o n — ooz 0 O m o m: * o' K 90 o V d = CD n joa 77i o c � rn co R' o " sue m CD ct o. , o� z co �� 7 0 cci —I o O o CDy a a —1 r c m 0 < - cocu o_ co co 0 F. o o co A ? A A A A A A N G) V N N N N N N CD 0 r AAAAAAA ?' o O. O O O O O O O O 0 V V V V V V V V V C) . 1 1 I 1 1 1 1 = V V V V V V V V V :. CJ CJ CJ CJ CJ CJ C) W Cn O 01Cn0) 010) CnCnCnOC- C,n 01 Cn Cii) Ci)t Cn EnC.1) CDO'• D N IV IVN N N N N N cs.O CA 0) 0 0) CA 0) CA al 6) - 0 CO c.n cn cm 01 Cn Cn Cn CA Cn CD 00 -1. N G Co ® 7 0 > < > -a ( c 2 © A fO ; • ® } Q. \ O. \ § \ \ f & 2 CD Z 2 . = CO / E E 2 -1 . � E. _ 2 � � 2 / : \ \ 104 § 0 { } 0 i 2 * 0 t" c C . i * • * m2 / • •* 0 - . Q 0 ¥ 0 / . m 23 C 0 / 0 ± > - 9 a 2 e = 5 / e § 64 0 4, k / q 22 2 § > r / & � 0 G / O ¥ > ' I $ a / f � 2 \ ƒ 92 = / � m « 0 = E 0 > \ } * / # moo Cl)q \ cn a m } i m & 2 » ƒ 8 M. • � 2/ 2 { m c $ � + \ i \ = * § 2 ] ' a \ m / / � E & , . � o CO ) 01 � CD � 0 CD j )0 > yE „ § aa co % 2 ® E ok / 5• C0 / I § / / V -. \ \ 0 • § 0 3 ( § / 9 ± § 6 • \ 8 \ { j / a8 \ 6 = S § / c 'a ? E. - Q CD 'O oO 0' i o 93 CD Q N g. N Co CD C<I, - CU 73 N (0- CDO (D rt i N 4 = 0 Q O ► CT * D * Cn In o : TO C -. o * O 3 V CD * CD o * 0 * * * * * * * D * D C " m * * a -i * m o 0 v v v 0 C > mD n 7 3rn C -< O D COO v 7 m A a V0) Z mCt N A COG N v O) A N < D m ' O O -i --1 D � < 0X 0 -0 o = O o > -smn p o X O 7 17 Co _< o CD 3 m -0 m . N rn Z 3 o ND - coO G CD -O' 4 p Q O V o 7 • N m om m o) cn CD^Z. V 7 ,:t0 7 0 (0 mrt0 O 0 co O "O 0C1 CO O CD 7 * 3 CD 7 CO N O O T. co N O V CD (n Ci3 cn 1— cn m C) p p --I co Z CT V --. N (n a O O .c+ i j 7 O 0) O O 0 coCn co co O CO O M ' CD CD ' N Cl) a ? 5 0 > < E cr CD 3 N cn n fM fD oQ N (p�\ N 1 CD Cn Cn N a. `\1 O Dl co.. o 3 ., W co O CD `-____. • N ** D) O L ',.1 0, p O * O p m \��'\ cb O Z N * (n * * CD x _ T * * * CT * O • O) * a, px x C * * 7 > 7 m -{ mC 0 D n O r v m O 0 o - m = m > <O D al w 3 C -I c v v n �1 cn 0 0 7 2 No o ,-. m r' 0 0 m 71 O e' co o 1 0 o 0 j n 7 n CU U Q o _ 7 0 7 -' m To -03 z -o > o o 7 co 0 5 m -o co 3 n o co O o co m Cc CO CD W , n o.� 7 :=,, (05 _Q co 7 CD 1 CO C, W (a 7 CD I1 CD G) a A r 0) O co J 0 O co 7 V 0 a N 5 -0 7 D p N cn O CO CO O O -• N « - o > < > < �� �D \ 0 « & � 0 g . p g § » / R m ` ` 2 / CD —cn _2 m go' ƒ 2 �� ® 2 2 ] Z 0 \ •\ a Cr / } \ ƒ ° \ i / } * \ *• / - • \ } > * * m § \ \ / 2. f , o zo e � $ /77 > < k \ \ m > / $ C0 / / g - 9 @@g _ = m ] G GGG of "":--- o O \ (D § 0 /f o \ k § 1 / \ @k o = k \ ® 5 / 2 3 > 5 z / 0 j \ t 0 ƒ 2 0 0 2 72 7 . _ sz ® om ��k K CO Ca -I e [ - / R . \� o t2m D > CImoo R . 0 j ) ) ErT0 . \ § \ / / } \ \ m ® Cl) a — 0 > < > < \ A § < 2 » § f 0I r } G ® ® E © E — 0 ® ® 2 o D ` \ o — CU } 0 7 1) o } cn=> m CD ! \ / } 0 * • * * * * * o * * * * « ! > \ * * 2 —I . ` \ [ 0 — 2 0 2 -CO > > o ¥ / o / ® S ® zo ] - . k . f / } \ \ / . \ / < > / m > > 0020 0 2 < mO k 2 co \ & 38 ° ° ° m a / — g / _ -0 0 Io d i _ E -- E - 2 z D f 2 / $ k 0M Eo m ag �� D & 73 \ § � . _ ] 2 & o co _~ // 0 \ \ co G) 7 = CD \ \ Co a g IV _ � � C o > 0 kk \ G 2 8 Cl) Cl) a g ± < £ 0 I _cs / \ \ � ? } f / 0D. w § \ 7 } E E g _. a m i w�~ / / '% _ ' \ / : / � \ . //k :1‘�w atƒ im . o • * * * * * * * * * * • 0 } \C . > * / 0 _o o $ ƒ A « C / \ \ ee $$ > k $ § } _CO 00 3 0M ] d 88 \ f / 5 0 0 00 -‘ 0 > kf } § 7 ) ƒ - 4m M. \ ƒ m voZ ƒ / m . 3 > - 00 \ ® \ 77G / E m 0_ \ / y # CO — D W. CO z / \ 2 » ' ` } o \ oo co D co Q \ \ / § § 0 § ) \ \ \ } \ 00 Gc ? \ \ co S / > & ƒ \ r ƒ�� o } \1ClIP \ ® [ i \ \ -a 11 !�} 53 I • \ / k D ® f £ \ - / g / _ / ° & 8 / \ S D 0 8 , 9 / [ % k kG \ > /f \ / 0 co > �_ _ 4 \ m • } \ \ \ 9 ( 0 3 \ § \ > c \ CD 0 Z ± a @ - ƒ f { { \ ® 2 jj 23 § @ Cm / Ral /- \ \ -0a) \ \ E ° — J . \ a) a) C = o � f 7 // J—--——..H3, - :- / U m � � O 7 = 7 $ e # # jj \ / 00 0§ 6 > 2 a c \ S � 8