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HomeMy WebLinkAbout6/13/2011 Amended Council Agenda Items Council Meeting Monday, June 13, 2011 MEND Change item number 7 to reflect that the amendment is for the RiverLoop Expo project. Change item number 15 to reflect the payment of services to INRCOG as an amount not to exceed $2,000.00. Change item number 20 to reflect the date of sale as June 22, 2011. Change item number 22 to reflect the passing of amending the ordinance for the second and third time as it was passed for the first time on June 6, 2011. Change item number 23 to reflect the passing of amending the ordinance for the first, second and third times as it was tabled on June 6, 2011 to present to full council tonight. AMENDED THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, JUNE 13, 2011 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro 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: James Walsh, City Attorney. June 13, 2011 Page 2 Agenda, as proposed or amended. Minutes of June 6, 2011, Regular Session, as proposed. Proclamation declaring June 19, 2011 as Juneteenth Day. I. 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 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 a.m., amended parade route will start at East 4th and Donald Streets, then travel south on East 4th Street, then east onto Sumner Street, turn north onto Mobile Street and end at KBBG radio station on the corner of Mobile and Newell Streets. Submitted by Daniel J. Trelka, Director of Safety Services 3. Request of Main Street Waterloo to hold BBQ'Loo & Blues Too event at Lincoln Park on Friday, July 15, 2011 from 5:30 p.m. to 9:30 p.m. and Saturday, July 16, 2011 from 12:00 p.m. to 9:30 p.m. for the Sanctioned BBQ competition, together with approval of Director of Safety Services. Submitted by Daniel J. Tre/ka, Director of Safety Services b. Motion to approve the following: Travel Requests Name & Title of Amount not Class/Meeting Destination Date(s) Personnel to Exceed 1. Jeff Siebel, Building M-2 Comm Des Moines, May 13, $180.00 Maintenance Mechanical Insp Iowa 2011 Exam • June 13, 2011 Page 3 2. Motion to receive and file Mayor Clark's recommendation of the following appointments: Expiration New or Re- Appointee Board/Commission Date Appointment Akela McDonald Metropolitan Transit Authority June 30, New Board 2014 Appointment Sally Meyers Metropolitan Transit Authority June 30, Board 2014 Re App ointment Cindy Wells Metropolitan Transit Authority June 30, Re Appointment Board 2014 Star Rupe Metropolitan Transit Authority June 30, Re Appointment Board 2014 Michelle Weidner Metropolitan Transit Authority June 30, Re Appointment Board 2014 Class C Beer License Permit Application 3. Kwik Star#723, 707 Broadway Street (Renewal) (Expires 7/21/12) (Includes Sunday Sales) Class C Liquor License Permit Application 4. Club 700, 1955 Locke Avenue (Renewal) (Expires 6/30/2012) (Includes Sunday Sales) Outdoor Service Area Application 5. Rumors, 229 E. 4th Street Dance License Permit Application 6. Club Fever, 313 W. 5th Street Fireworks Displau Application 7. Waterloo Jaycees Fireworks Festival, off Park Avenue Bridge on July 2, 2011 (rain date alternate July 3, 2011) 8. Bonds PUBLIC HEARINGS 2. F.Y. 2011 Highway 63 South Manhole Rehabilitation, Contract No. 809 Resolution resetting date of hearing and bid opening as June 27, 2011 and instruct City Clerk to publish notice of plans, specifications,form of contract, etc. Submitted by Larry Smith, Waste Management Services Superintendent June 13, 2011 Page 4 3. Purchase of Portable Water Pump for Live Fire Training 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 Chief of Fire Services for review. Submitted by Pat Treloar, Chief of Fire Services 4. Purchase of One (1) New Vehicle Mounted Pipeline Video System 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 Public Works Director for review. Submitted by Mark Rice, Public Works Director 5. Request of Sunnyside South Addition, LW for approval of Development Agreement and vacation, sale and conveyance of a portion of San Marnan Drive generally located between Galactic Drive and West 4th Street, west of Ansborough for $1.00 for the purpose of relocating the roadway for the creation of new residential lots Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING Motion to table item until further notice. Submitted by Noel Anderson, Community Planning& Development Director 6. Request of Mrs. Lola Burt for the sale and conveyance a 10,420 square foot portion of Iand adjacent to 522 Albany Street for $300.00. 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 Chris Western, Planner II RESOLUTIONS 7. Resolution approving Amendment No. 2 to the Community Attraction & Tourism (CAT) Grant Agreement with Vision Iowa Board and Waterloo Development Corporation to extend the deadline for completion of the Riverloop Expo project to September 30, 2011; and authorize Mayor to execute said document. Submitted by Paul Huting, Leisure Services Director June 13, 2011 Page 5 8. Resolution approving 28E Agreements with: East Waterloo Township; Cedar Township; and Elk Run Heights to provide fire and ambulance services; and authorize Mayor and City Clerk to execute said documents. Submitted by Pat Treloar, Chief of Fire Services 9. Resolution approving recommendation of award of bid to Logan Contractor Supply Inc. of Des Moines, Iowa in the amount of$36,593.50 in conjunction with the Purchase of One (1) Current Model Year Trailer Mounted Crack-Sealer Unit with Heated Wand. Submitted by Mark Rice, Public Works Director 10. Resolution approving Memorandum of Understanding with Black Hawk County for a Consolidated Law Enforcement Laboratory; and authorize Mayor to execute said document. Submitted by Daniel Trelka, Director of Safety Services 11. Resolution approving accepting and approving the acquisition of property generally located at 1114 Jefferson Street, as granted by court order pursuant to Section 657A of the Iowa Code; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning& Development Director 12. Resolution approving accepting and approving the acquisition of property generally located at 135-137 University Avenue, as granted by court order pursuant to Section 657A of the Iowa Code; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning& Development Director 13. Resolution setting date of hearing as June 27, 2011 to approve request of Howard L. Allen Investments, Inc. to vacate an easement generally located east of 2825 Crossroads Boulevard for the purpose of developing a retail strip center; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning& Development Director 14. Resolution setting date of hearing as June 27, 2011 to approve request of Howard L. Allen Investments, Inc. for a "S-1" Shopping Center district site plan amendment for property generally located east of 2825 Crossroads Boulevard for the purpose of developing a retail strip center; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning& Development Director June 13, 2011 Page 6 15. Resolution approving Memorandum of Understanding with Iowa Northland Regional Council of Governments (INRCOG) to provide professional services in an amount not to exceed $2,000.00 for a State Recreational Trails Grant Application for the Cedar Valley Lakes Trail Enhancement and Water Trail Connection in the amount of$406,463.00; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning& Development Director 16. Resolution approving setting date of hearing as June 27, 2011 to approve request of Westfield Lofts Condominium Association to approve a Development Agreement and to vacate, sell and convey approximately 12,618.90 square feet of the former Westfield Avenue right-of-way located between West Jefferson and West Commercial Streets, directly west and adjacent to 25 West Commercial Street for $1.00 for the purpose of incorporating the land with the property they currently own. Submitted by Noel Anderson, Community Planning& Development Director 17. Resolution setting date of hearing as June 27, 2011 to approve a Development Agreement and sale of a 657A property located at 318 W. 12th Street to Campbell Brothers Enterprises L.L.C. for $1.00 plus costs; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director 18. Resolution approving renewal of stop loss health insurance for a premium of$661,419.00 with Wellmark Blue Cross Blue Shield. Submitted by Suzy Schares, City Clerk 19. Resolution approving Memorandum of Agreement with Waterloo Community School District to host the City's website on the District's server at a cost of up to $45.00 per month; and authorize Mayor to execute said document. Submitted by Suzy Schares, City Clerk 20. Resolution directing the advertisement for sale of$1,785,000.00 Sewer Revenue Refunding Bonds, Series 2011A; and sale of$4,590,000.00 Sewer Revenue Refunding Bonds, Taxable Series 2011B as June 22, 2011; and approve electronic bidding procedures. Submitted by Michelle Weidner, Chief Financial Officer 21. Resolution approving Lease Agreement with Marsh Place L.P. to lease a storefront space until August 2011 to exhibit local artists work at a cost of$1.00 per month. Submitted by Cammie Scully, Director of Cultural&Arts Commission June 13, 2011 Page 7 ORDINANCES 22. Request of Vern Jackson to rezone from "A-1"Agricultural District to "R- R" Rural Residence District approximately 3.14 acres generally located at 2307 Katoski Drive for the purpose of building one new single-family home. Motion to receive,file, consider and pass for the second time an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 420 to Section 2A-7N, Conditional Zoning Certain Property Motion suspending the rules. Motion to consider and pass for the third time and adopt ordinance. Submitted by Aric Schroeder, City Planner 23. Removal of the Pedestrian Signals on Downing Avenue at Wren Road Motion to receive,file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by repealing Subsection (57) Downing Avenue and Wren Road of Section 540, Obedience to Official Traffic- Control Devices Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Sandie Greco, Traffic Operations Superintendent OTHER COUNCIL BUSINESS 24. Motion to receive and file arbitrage test results reflecting that no payment is due to the Internal Revenue Service for the general obligation bonds issued in June 2006. Submitted by Michelle Weidner, Chief Financial Officer 25. 2011 Public Market Window Replacement and New Vestibules 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 June 27, 2011 and instruct City Clerk to publish notice of plans, specifications,form of contract, etc. Submitted by Rick Curran, Leisure Services Facilities Manager ORAL PRESENTATIONS Motion to receive and file oral comments. June 13, 2011 Page 8 ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, June 13, 2011 4:20 p.m. - Council Work Session, Council Chambers 4:50 p.m. - Public Works Committee, Council Chambers 4:55 p.m. - Boards and Commissions Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers Tuesday, June 14, 2011 4:30 p.m. - Bond Sale, Council Chambers PUBLIC INFORMATION 1. Black Hawk County Criminal Justice Information System Board of Directors minutes of May 4, 2011 on file in the City Clerk's office. 2. Consolidated Public Safety Communications Center Board minutes of May 4, 2011 on file in the City Clerk's office. 3. Black Hawk County 911 Service Board minutes of May 4, 2011 on file in the City Clerk's office. 4. Civil Service Commission minutes of May 5, 2011 on file in the City Clerk's office. 5. Communication from Public Works Director transmitting retirement of Steven Decker, Street Superintendent, effective June 6, 2011, together with recommendation of payment of$25,254.07 for unused vacation and sick leave. 6. Communication from Library Director transmitting resignation of Shannon McKenzie-Schuler, Library Assistant, effective May 24, 2011, together with recommendation of payment of$2,133.01 for unused vacation and sick leave. CONTRACT PAYMENT SCHEDULE 1. Donald Street Recreational Trail, Contract No. 700 Pay estimate No. 9 to Vieth Construction Company in the total amount due of $23,646.03 June 13, 2011 Page 9 2. F.Y. 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 18 to Vieth Construction in the total amount due of$2,090.00 3. F.Y. 2010 River Renaissance Trail- 6th to 18th Street, Contract No. 761 Pay estimate No. 19 to Peterson Contractors in the total amount due of$7,652.34 4. F.Y. 2010 Street Reconstruction Program, Contract No. 772 Pay estimate No. 19 to Aspro in the total amount due of$128,076.40 5. F.Y. 2010 Downtown Wagindinq Signage, Contract No. 783 Pay estimate No. 2 to JDE Engineering in the total amount due of$6,596.25 6. F.Y. 2011 River Renaissance North Downtown Trail, Contract No. 786 Pay estimate No. 2 to AECOM in the total amount due of$11,345.58 7. F.Y. 2011 Asphalt Overlay Program, Contract No. 796 Pay estimate No. 3 to Aspro in the total amount due of$288,120.44 8. F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 1 to Peterson Contractors in the total amount due of$2,518.69 June 6, 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, June 6, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Getty, Jones, Greenwood, Schmitt, Welper. Absent: Cole, Hart. Moment of Silence. Pledge of Allegiance: Suzy Schares, City Clerk. 136605 - Welper/Schmitt that the Agenda, as amended adding 2a and amending #12, for the Regular Session on Monday, June 6, 2011, at 5:30 p.m. , be accepted and approved. Voice vote- Ayes: Five. Absent: Cole, Hart. Motion carried. 136606 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, May 23, 2011, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Five. Absent: Cole, Hart. Motion carried. Mayor Clark recognized Lieutenant Cirksena as the June Team Member of the Month. CONSENT AGENDA 136607 - Welper/Greenwood 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. 1-68, dated June 6, 2011, in the amount of $3, 611, 984.72, 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. 2011-473. 2. Request of Seeds of Hope Crisis Services agency to hold Seeds of Hope Motorcycle ride to be held on Saturday, June 18, 2011 from 9:00 a.m. to 12:00 p.m. , with the route to start at University of Northern Iowa campus, travel through Black Hawk County, Grundy County and Hardin County and end at Screaming Eagle American Bar & Grill, 228 East 4th Street-Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-474 . 3. 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 3117 Tulip Lane $341. 99 127 Conger Street $3,450.00 120 Conger Street $3,450.00 1918 Sycamore Street $2,700.00 200 Merriman Street $5,791.35 Resolution adopted and upon approval by Mayor assigned No. 2011-475. 4. Request of Abraham Funchess of Jubilee UMC Resource Center for a variance to the Noise Ordinance on June 17, 2011 from 6:00 p.m. to 9:00 p.m. in conjunction with Juneteenth event that will be held at Jubilee UMC Resource Center located at 1621 E. 4th Street, including PA system and live DJ, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-476. 5. Request of Kelly Warren of Black Hawk County American Cancer Society for a variance to the Noise Ordinance from 4:00 p.m. June 17, 2011 to 8:00 a.m. June 18, 2011 in conjunction with Relay For Life of Black Hawk County event that will be held at Hawkeye Community College Campus, including PA (saieS Aepuns sapnTOui) (ZT/TE/S sazTdxs) (TeMauag) ;aaz;s AeMpeozg STS ';eT;nO o0oegoy g zonbTr OZ (saies Aepuns sapnTouI) (ZT/0T/9 sazTdxg) (TEMauag) ;aaz;S AeMpeozg 1Z8 'zonbTZ A2Mpeozg•61 (saTEs AEpunS sapnTouI) (ZT/Z/9 sarTdxs) (TEMauag) anuany zag04aT3 ST£ 'azoW 9 sxoeus ze;s eAT3.8I (sales AEpunS sapnTouI) (ZT/9I/9 sazTdxg) (TeMauag) anuany AeMabpTg •M TIT 'S56L# suaazbTeM'LT uoT;Eo TTdd\ ;Twzad asuaoTZ euTM g sseTO (sales Aepuns sapnTouI) (ZI/T£/S sazTdxg) (TEMauag) ;aaz;s AeMpeozg STS ';aT;np 000Pgoy 4 zonbTz•gT (SaieS Aepuns sapnTouI) (ZT/0T/9 sazTdxg) (TEMauag) ;aaz;s AEMpeozg TZg 'zonbTZ AeMpeozg•ST (sales AEpunS sapnTouI) (ZT/Z/9 sazTdxg) (TEMauag) anuany zago4aT3 ST£ 'azoN ' sxoeuS ze;S anT3'6T uoT;eDTTddy ;Twzad asuaoT7 zonbTZ s sseT0 (seTeS AEpunS sapnTouI) (Zi/8I/6 sazTdxg) (TEMauag) anuany aouapuadapuI I£8T 'uooTES ;uTd 3TeH'£T (sales Aepuns sapnTouI) (ZT/£Z/9 sazTdxg) (TEMauag) pzenaTnog speozssozp 08LZ 'sea 9 TTT-E poogzogqbTeN s ,aagaTddy•ZT (ZT/£T/S sazTdxg) (TEMauag) ;aaz;S a46 •M T0S 's,Aauzeg•TT (saTEs AEpuns sapnTouI) (ZT/LZ/S sazTdxg) (TeMeuag) ;aaz;s uosza;;ar 6T£ 'gnTD s,uawaT;uaD s4zTT3'OT (ZT/LZ/S sazTdxg) (TEMauag) ;aaz;s 446 'M TOE 'gnTO s,uawaT;uag enbsTj •6 uoT;e3TTddy ;Twzed asuaoT7 zonbTZ 0 sseTa (saTEs AEpuns sapnTouI) (ZT/T£/S sazTdxg) (TEMauag) ;aaz;s AeMpeozg STS ';eT;np 000egoy 9 zonbTZ •g (saTEs AEpuns sapnTouI) (ZT/OT/9 sazTdxg) (TeMauag) ;aaz;s AeMpeozg TZg 'zonbTZ AEMpeozg •L (sales AEpuns sapnTouI) (ZT/Z/9 sazTdxg) (TeMauag) anuany zagO;aT3 ST£ 'azoN 9 sxosus ze;S anT3 '9 uo T;eoTTddy ;Twzad asuaoT7 zaag 0 sse TD (sales AEpuns sapnTouI) (ZT/9T/9 sazTdxs) (TEMauag) anuany AeMabpTg 'M TIT 'SS1L# suaazbieM 'S (sales AEpuns sapnTouI) (ZT/TZ/L sazTdxs) (TEMauag) anTti puag zepe0 SOIT '6ZL# ze;S xTM) '6 uoT;e3TTddy ;Twzad asuaoTZ zaag g ssei0 NaeTQ )(pug zoAeW Aq pa;;TwgnS -LIOZ 'L aunr ;o uoT;eJTdxe wza; q;TM pzeog A4TTT4C1 SuoT4eOTunwwooaiay TedTOTunW ag; o; ;ngseM auT4ag3ex 30 ;uaw;uTOdde ;o uoT;epuawwooag •£ eTuenTAsuuad 'gbzngs;;Td :pue1Si 9P01-111 ;Tq?gxa 'aouapTnozd T;TEg buTwez;a sdwa; awl;-;zed TTOZ '0T :sTouTTTI g/M0TTe;buT1;s 'uebbns AuuaQ 00'0ZLZ$ -S aunr 'ObeDTup uaTTY uzn;ag pue ueuoIS TTTg 'Z euez3 ToogPs A;uoT ;ueua;naT7 ITOZ 'LT eMOi 's;gbTaH dTgszapea7 :aaweNoN Taeg0TW 00'OSZ'ZS -£T aunr zosuTM VUgsZ_Ig3 ;ueua;ne I •T paaoxs o; s a e Tauuoszad ;ou ;unowy ( ) a uoT;euT;see buT;aaW/sseTO 30 GUTS 9 aweN s;senbag Tanezy :buTMoTTo; au; anozdde o; uoT;ow •q '8L6-ITOZ '0N paubTsse zoAeW Aq TEnozdde uodn pue pa;dope uoT;niosag •seoTnzas A;a;es ;o zo;oaxTQ ;o TenozddE ;o uoT;epuawwooaz q;TM zaq;abo; 'rQ an TT pup wa;sAs yd buTpniouT 'xzed uenTTTnS ;e PTeq eq TTTM ;eq; ;uana ;uawoW ag; buTzTwtxPW - TTOZ ;TwumS 44n0A q;TM uoT;ounCuoo uT 'mod 00:Z o; •w•e 00:TT woz3 TTOZ '8T-LT aunr uo aaueuTpa0 esToN eq; 0; aOueTzen e JO; gozngD ga3 seT14sTuTW eTuouTON ;o za;suaas zo;sed ;o ;sanbag •g 'LL6-TTOZ •oN paubTsse zoAeW Aq TenozddE uodn pue pe;dope uoT;niosa' •seoTnzas A;a;es ;o zo;oazTQ ;o TEnozdde ;o uoT;epuewwooaz q;TM zaq;abo; 'spueq an TT pup we;sAs Z abed TTOZ '9 aunr June 6, 2011 Page 3 Class B Native Wine License Permit Application 21.Kwik Star #724, 1105 Cedar Bend Drive (Renewal) (Expires 7/21/12) (Includes Sunday Sales) Outdoor Service Area Application 22.Half Pint Saloon, 1831 Independence Avenue Fireworks Display Application 23.Relay For Life of Black Hawk County at Hawkeye Community College on June 17, 2011 24.Bonds Roll call vote-Ayes: Five. Absent: Cole, Hart. Motion carried. Mr. Schmitt abstained on the bill payment to Schmitt Telecom in the amount of $107.50. PUBLIC HEARINGS 136608 - Schmitt/Greenwood that proof of publication of notice of public hearing on the Purchase of One (1) Current Model Year Trailer Mounted Crack-Sealer Unit with Heated Wand, as published in the Waterloo Courier on May 27, 2011, be received and placed on file. Voice vote-Ayes: Five. Absent: Cole, Hart. Motion carried. 136609 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Greenwood that the hearing be closed. Voice vote-Ayes: Five. Absent: Cole, Hart. Motion carried. 136610 - Schmitt/Greenwood that "Resolution confirming approval of specifications, bid document, etc. in conjunction with the Purchase of One (1) Current Model Year Trailer Mounted Crack-Sealer Unit with Heated Wand", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-479. 136611 - Schmitt/Greenwood that "Resolution authorizing to proceed in conjunction with the Purchase of One (1) Current Model Year Trailer Mounted Crack-Sealer Unit with Heated Wand", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-480. 136612 - Schmitt/Greenwood to receive, file and instruct City Clerk to open and read bids and refer to Public Works Director for review: Bidder Bid Amount Logan Contractors Supply, Inc. 4101 106th Street $36, 593.50 Des Moines, Iowa 50322 Star Equipment, LTD $46, 620.00 2625 W. Airline Highway $39, 696.00 Waterloo, Iowa 50703 $32, 004 .00 Voice vote-Ayes: Five. Absent: Cole, Hart. Motion carried. 136613 - Getty/Schmitt that proof of publication of notice of public hearing on 2011 Waterloo Forestry Building Upgrades, as published in the Waterloo Courier on May 23, 2011, be received and placed on file. Voice vote-Ayes: Five. Absent: Cole, Hart. Motion carried. 136614 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Schmitt that the hearing be closed. Voice vote-Ayes: Five. Absent: Cole, Hart. 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Roll call vote-Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-483. RESOLUTIONS 136624 - Greenwood/Schmitt that "Resolution approving Contract Amendment No. 6 with Iowa Department of Economic Development to decrease the award amount by $851, 980.00 in conjunction with New Construction Contract 08-DRH-211; and authorize Mayor to execute said document-Submitted by Nancy Gulick, Community Development Coordinator", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-484. 136625 - Greenwood/Schmitt that "Resolution approving Contract Amendment No. 8 with Iowa Department of Economic Development to decrease the award amount by $893, 145.00 in conjunction with New Construction Contract 08-DRH-011; and authorize Mayor to execute said document-Submitted by Nancy Gulick, Community Development Coordinator", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-485. 136626 - Greenwood/Schmitt that "Resolution approving Contract with Iowa Department of Economic Development for the acceptance of a grant in the amount of $904,000.00 in conjunction with Neighborhood Stabilization Program (NSP3) funding, with no city match; and authorize Mayor to execute said document-Submitted by Nancy Gulick, Community Development Coordinator", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-486. 136627 - Schmitt/Welper that "Resolution approving the use of Tax Increment Financing funds for platting, the design and construction of a sewer extension and to acquire needed easements and real property in the Martin Road Urban Renewal Tax Increment Financing District in an amount not to exceed $100, 000.00-Submitted by Michelle C. Weidner, Chief Financial Officer", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-487. 136628 - Schmitt/Welper that "Resolution approving Contract Modification No. 1 in the amount of $16, 195.50 for work performed by with Voltmer, Inc. of Decorah, Iowa in conjunction with Ridgeway Avenue and Highway 63 (Sergeant Road) Traffic Safety Improvement Project-Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-488. 136629 - Schmitt/Welper that "Resolution approving Convention and Visitors Bureau Board recommendations for funding the following hotel/motel mini-grant requests: North American Elk Breeders Association in the amount of $3, 000.00; Cedar Trails Partnership in the amount of $1, 000.00; and Iowa Irish Fest in the amount of $1,090.00-Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-489. 136630 - Welper/Schmitt that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Prairie Construction Co. , Inc. of Waterloo, Iowa at a total cost of $41,806.00 in conjunction with Emergency Repairs to Street Department Building at 1314 Black Hawk Road; and authorize Mayor to execute said ' L66-TTOZ 'oN poubTssu zoAPW Aq Tsnoadds uodn pus pa;dops uoT;nTosag •;aPH 'aTo3 :;uasgy •aAT3 :saAv-e;oA TTEO TTog •pa;dope aq '„ao;oaaTQ ;aodaTy 'uabeH AaTpesg Aq pa;;Twgns -4sod1Ty TPu0Tbag ooTaa;eM 10; aT°T- A buToTaQ ;;PaoaTy q;TM uot;ounCuoo uT 00'006 '6818 30 ;soo Tp;o; P ;P TddTsstssTW 'eNPI uaoH ;o OTI ';sTTPToadS ;aoddng punoan Aq pawao;aad xaoM zo3 abputp;ag ;o aspaTag pup xaoM ;o eouP;daooy ;o uot;epuawwooag ';oaCosd ;o not;aTdwoo buTAoadde not;n1osag„ ;Pm. zadTaM/pooMuaasg - L£99£I '966-TTOZ 'oN paubTsse aodeN Aq TPAosdde uodn pue pa;dopP uoT;nTosag •;aeH 'aToo s;uasgy •aAT3 :saAy-a;oA TTPo TTog •pa;dope aq '„aeuueTd A;To 'zapaoagos Dray Aq pa;;Twgns-aoT;ou gsTTgnd o; xaaTo A;t0 ;ona;suT pup ;uawabeuew uTPTdpooT; O; buTuTe;sad suoT;eTnbea am buT;epdn Aq aoueuTpap butuoz ooTsa;eM ;o A;TO am puawp o; ;sanbaa ag; aAoaddP o; TTOZ 'OZ aunr 'SS buT1Pag ;o a;ep buT;;as uoT;nTosag„ ;eg; zadTaM/pooMuaaas - 9£99£I •S66-TIOZ 'oN paubTsse aoApW Aq TeAoadde uodn pue pa;dope uoT;nTosag •;aPH 'atop :;uesgy •aATd :saAf-a;oA TTPo TTog •pa;dope aq '„so;0aacu ;uawdoTanau 4 buTuuPld A4Tunwwo3 'uosaapuy TaoN Aq Pa;4Twgns -asneo pooh ao; Pasy uoT;ezTTP;TAag uegan s;TwTZ A4T3 ag; ;O ;uewgsTTge;se butpiPbea s;uednoOo o; ;uawaaTnbaa aoT;ou ua;;taM buTATeM uoT;nTosag„ ;pm. 44T0i3S/A44aF - S£99£T •666-IIOZ •oN paubTsse aoApW Aq TPAoaddP uodn pup pa;dope uoT3nTosag •;1PH 'BIOD :;uesgy •aAT3 :saAy-a;oA TTPo TTog •pa;dopp aq '„ao;oaaTQ ;uawdoTaAeQ 9 buTuusTd A;Tunwwoo 'uosaapuy TaoN Aq pa;;Twgns-aoT;ou gsTTgnd o; xaaTn A;To ;ona;suT pue Pazy UOT4ezTTP4TAag upgan pa;epTTosuoD ag; uT papnTouT AT;ueaan0 seaae• asog; ;daoxa ooTaa;eM go A;To am. ;o ssaze pa;paodaoouT TTP ssedwooua o; saTaepunoq pasodosd ag; g;TM Peay u0T4ezTTe;TAag uegan s;TWT7 A;To e 3o ;uawgsTTge;sa am. aAoadde 0; TTOZ '8T ATnr 'SP buTzeaq ;o a;ep buT;;as uoT;nTosag„ ;eg; ;4TwU0S/A44a5 - 6£99£1 '£66-TTOZ •oN paubTsse aoAeW Aq Tenoadde uodn pue pa;dope uoT;nTosag •;aeH 'aToo :;uasgy •aAT3 :saAv-e;oA TIPo TTog •pa;dope aq '„ao;oaaru ;uawdoTeAeQ ' buTuue1d A;Tunwwoo 'uosaapuy TaoN Aq pa;;Twgng-;uawnoop pTes a;noaxa o; aoAeW azTaomne pup !buTpTTng Toogos ;nogg sTOUeag aawao; am 3o Tpnowea pup buT;sa; so;sagse ag; zo3 00•SZS'£65 30 ;unowe am. uT ;uawdoTanaQ oTwouoos go 4uamq.aedeci PMOI g;TM ;uawaasty e0uP4stssy TeTouvuT3 ;oacozd pTaT;uMoag butAoadde uoT;nIosag„ ;Pg; 4471140s/A4400 - ££99£T •Z66-TTOZ •oN paubTsse so&.ep Aq TeAoadde uodn pue pa;dope uoT;nTosag •;aeH 'eToo :;uasgy •aAT3 :seAy-a;oA TTpo TTog •pa;dope eq '„aoaoaaTQ ;uawdoTeAea 9 butuueTd A;TunwwoD 'uosaepuy TaoN Aq pa;;Twgns-;uawnoop pTes a;noexe o; xaaTo A4T0 pup aoAeW eztaoq;nP puP eOO•000'SS Peeoxe o; 40u ;unowp ue uT ;aaa;S )MPH )OWTN LZ81 Pue £Z8T '£T8T PuTgaq pa;eooT ATTeaeuab pueT 3o uoT;TsTnboe eq; so; Dui saTa;snpui abso3 g;TM ;uawaaaby asegoand a;e;sg Teag P buTAOzdde uoT;nTosag„ ;eg; ;;Twgos/aedTeM - Z£99£I •T66-TTOZ 'ON paubTsse aoAeW Aq Tenozdde uodn pue pa;dope uoT;nTosag •;aPH 'aTon :;uesgy •aAT3 :saAy-a;oA TTPo TTog •pa;dopy eq '„aeuueTd a;Ptaossy 'eaapuy wry Aq Pa;;Twgns-;aea;s aaxapd ;saM OOL ;P Pe4e00T buTPTTnq buT;stxe ag; uTmTM eot33o se;ndwoo pue dogs butputab e go ;uawgsTTge;sa am zo3 MOTTe o; ;oTa;sTQ buTuoZ TeUOT;TPUOD „Z-04T-D„ eq; o; ;uewpuewe ueTd a;ts e ao3 seuor uAsg;ex pue ssog ;o ;senbea am. uo TTOZ 'oZ aunr sP butaeag JO a;ep Burnes uoT;nTosag„ ;eg; ;;TwgPS/zadTaM - T£99£T •066-TTOZ 'ON paubTsse soAeW Aq Tenoadde uodn pue pe .dope uoT;nTose •;zeH 'aTo3 :;uesgy •aAT3 :saA\-e;oA TTPo TTog •pe;dope eq '„so;pz;sTuTwpy eoueue;uTsw/TeToT33O buTPTTng 'xaeTD bTe1D Aq pa;;Twgns-;uawnoop 9 abed TTOZ '9 aunt" June 6, 2011 Page 7 136638 - Greenwood/Welper that "Resolution directing the advertisement for sale of $9,225, 000 General Obligation Bonds, Series 2010A; and sale of $8, 655, 000.00 General Obligation Bonds, Taxable Series 2010B; and resetting the sale date as Tuesday, June 14, 2011 and approve electronic bidding procedures-Submitted by Michelle Weidner, Chief Financial Officer", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-498. ORDINANCES 136639 - Schmitt/Welper that "an Ordinance amending the 2003 Traffic Code by repealing Subsection (38) Burton Avenue and Newton Street of Section 540, Obedience to Official Traffic- Control Devices (Removal of the Pedestrian Signals on Downing Avenue at Wren Road)", be received, placed on file, considered and passed for the first time. John Sherbon, 1750 Robbin Road, spoke in opposition to this ordinance and is concerned about the amount of traffic on the road and the children needing to cross at the intersection for the school. Sandie Greco, Superintendent of Traffic Operations, reported that this crosswalk is being removed and a new crosswalk is being installed at Sheldon and Downing. Forest Dillavou, 1725 Huntington Road, spoke in opposition to removing the crosswalk. He said it is good to add one at Sheldon and Downing but the signal at Downing and Wren should remain. 136640 - Greenwood/Welper To table the item for one week to allow staff to look into the concerns. Roll call vote-Ayes: Five. Absent: Cole, hart. Motion carried. OTHER COUNCIL BUSINESS 136641 - Getty/Schmitt that Change Order No. 1 in the amount of $6, 429.07 for work performed by Enviromark Waste Management Services of Davenport, Iowa in conjunction with Tank Cleaning at the former Chamberlain Manufacturing Property-Submitted by Noel Anderson, Community Planning & Development Director, be received, placed on file and approved. Voice vote-Ayes: Five. Absent: Cole, Hart. Motion carried. 136642 - Getty/Schmitt that Waterloo Water Works 2010 Audit Report-Submitted by Dennis Clark, General Manager of Waterloo Water Works, be received and placed on file. Voice vote- Ayes: Five. Absent: Cole, Hart. Motion carried. 136643 - Getty/Schmitt that 1 percent salary increase for non-bargaining employees effective July 1, 2011-Submitted by Bob Stringer, Human Resources Director, be received, placed on file and approved. Voice vote-Ayes: Four. Nays: One (Schmitt) . Absent: Cole, Hart. Motion carried. Mr. Schmitt stated that since the City is taking money out of cash reserves to balance the budget, he couldn't vote to increase salaries for non-bargaining employees. He said the taxpayers are not getting raises and this will not help us with negotiations with the unions for the next contract. 136644 - Welper/Schmitt that "Resolution approving request for authorization to publish 2010 salaries for city employees and officials, as required by law-Submitted by Suzy Schares, City Clerk", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-499. 136645 - Schmitt/Welper to instruct Public Works Director to prepare specifications, bid document, form of contract, etc. in conjunction with Emulsions for Seal Coating Program, be approved. Voice vote-Ayes: Five. Absent: Cole, Hart. Motion carried. 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'9 TTeH A;TD q;TM uoT;OunCuoo uT •o;a ';oea;uoo ;o wao; 'suoT;eoT;Toads azedazd o; ao;ea;sTuTwpy eoueua;uTew/TeTOT;;o bUTPTTng ;Ona;suT o; 44Twg0S/A;490 - 61799£T 'T0S-TTOZ 'oN paubTsse aoAeN Aq Tenozdde uodn pue pe;dope uoT;nTosau •;zeH 'aTop :;uesgy •eATa :SeI -a;on "[ISO TToH •pa;dope eq '„weaboad buT;eoD Teas ao; suoTsTnwg q;TM uoT;Ouncuoo uT •a;a ';oez;uoo ;o ma(); ';uawnoop pTq 'suoT;eoT;Toads ;o eoT;ou gsTTqnd o; xzaT) A;TD buT;Ona;suT Pue iTOZ 'OZ aunr se buTuado pTq pue buTaeeq ;o a;ep buT;;as uoT;niosau„ ;eq; iedTaM/;;TwgOS - 8699£1 '00S-TTOZ 'oN paubTsse aoAew Aq Tenozdde uodn pue pe;dope uoT;nTose •;zeH 'aTo3 :;uesgy •eATs :saAv-a;on TTeo TToH •pa;dope eq '„weabozd buT4PoD Teas zo; suotsTnwg g;TM uoT;ounCuoo uT •o;e ';oea;Uoo ;o wao; ';uewnoop pTq 'suoT;eOT;Toads buTnoadde ATTaeuiwTTazd uoT;nTosaH„ ;eq; aedTeM/;;TwgOS - 099£T •pataseo uoT;oW •;zeH 'eToD :;Uesgy •anT3 :seAy -e3on eoToA •aTT; uo paoeid pue panteoaa eq 'wezboad buT;eoo Teas ao; suoTsinwg g;TM uoT;ounCuoo uT •O;a ';oea;uoo ;o wa0; ';uawnOop pTq 'suoT;eoT;Toads ;eq; aadTeM/;;TwgaS - 9699£T 8 abed TTOZ '9 aunr June 6, 2011 Page 9 136656 - Getty/Greenwood that "Resolution setting date of hearing and bid opening as June 27, 2011 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Purchase of Snow Removal Equipment at Waterloo Regional Airport", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-505. 136657 - Greenwood/Schmitt to instruct Airport Director to prepare plans, . specifications, form of contract, etc. in, conjunction with Exterior Painting of Snow Removal Equipment Building/Hangar Painting at Waterloo Regional Airport, be approved. Voice vote- Ayes: Five. Absent: Cole, Hart. Motion carried. 136658 - Greenwood/Schmitt that plans, specifications, form of contract, etc. in conjunction with Exterior Painting of Snow Removal Equipment Building/Hangar Painting at Waterloo Regional Airport, be received and placed on file. Voice vote-Ayes: Five. Absent: Cole, Hart. Motion carried. 136659 - Greenwood/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Exterior Painting of Snow Removal Equipment Building/Hangar Painting at Waterloo Regional Airport", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-506. 136660 - Greenwood/Schmitt that "Resolution setting date of hearing and bid opening as June 27, 2011 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Exterior Painting of Snow Removal Equipment Building/Hangar Painting at Waterloo Regional Airport", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-507. 136661 - Greenwood/Schmitt to instruct Director of Safety Services to prepare plans, specifications, form of contract, etc. in conjunction with Purchase of Uniform and Equipment for Waterloo Police Department, be approved. Voice vote-Ayes: Five. Absent: Cole, Hart. Motion carried. 136662 - Greenwood/Schmitt that plans, specifications, form of contract, etc. in conjunction with Purchase of Uniform and Equipment for Waterloo Police Department, be received and placed on file. Voice vote-Ayes: Five. Absent: Cole, Hart. Motion carried. 136663 - Greenwood/Schmitt that "Resolution preliminarily approving plans, specifications, form of contract, etc. in .conjunction with Purchase of Uniform and Equipment for Waterloo Police Department", be adopted. Roll call vote-Ayes: Five. Absent: • Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-508. 136664 - Greenwood/Schmitt that "Resolution setting date of hearing and bid opening as June 20, 2011 and instruct City Clerk to publish notice of• plans, specifications, form of contract, etc. in conjunction with Purchase of Uniform and Equipment for Waterloo Police Department", be adopted. Roll call vote-Ayes: Five. Absent: Cole, Hart. Resolution adopted and upon approval by Mayor assigned No. 2011-509. ORAL PRESENTATIONS Dell Johnson, 501 Carolina Ave. , expressed concern regarding several apartments near his property, asking for assistance in cleaning up the area. xzaTO AgTO sazegaS Azns •paTlaso U0T4Of4 •gzeH 'aToD :guasgy •anT,3 :saA'-agon aoToA •w•d ST:9 ge uznoCpe TTaunoO aqg gegg 44 40S/zadTaM - 9999£T .N3NNufOPQY •paTzzeo uoTgow •gzeH 'aToO :guasgy •anTg :saAv-agon aDT0A •eTT3 uo paosid pue panTaoaz aq sguawwoo Tezo anoge alp gegg 44Twg0S/zadTaM - 5999£T gseT pagoadsuT azaM sguawgzede aqg uagM 3o saTdoo pagsanbaz Agge9 •.w •TeTzowaw aqg buTpzebaz wagsAs Toogos wig ggTM xoago TTTM 33e4s •14902Tdaz eq og paau TTTM guawdTnba punozbAkTd eqy •gaA Agzedozd alp 3o dTgszauMo pazTnboe you seq AgTO alp 'zogoaiTQ guawdoTanaQ pue buTuuPTd A4Tunwwo0 'uoszapuy Te0N •pageooT sT ATguazzno punozbAeTd Toogos aqg azaTM utewaz pTnogs xzed aqg gega. sTea3 aH •panowaz aq you pTnogs gegg Saazg aqg zeau PTTga e 10; TeTzowaw e sT ezagy •xzed pasodozd agg pus ToogoS uosTpg 3o butuozaz aqg buTpzebaz axods 'peon uog6uTgunH SZLT 'noneTTTQ gsazo3 0T abed TTOZ '9 aunt' CITY OF WATERLOO Council Communication City Council Meeting: June 13, 2011 Prepared: May 25, 2011 Dept. Head Signature: (JQ..t # of Attachments: 1 SUBJECT: Juneteenth Celebration Proclamation Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Juneteenth celebrations are June 16`h - 19`h. CITY OF WATERLOO, IOWA PROCL ;MA11ON WHEREAS, on June 19, 1865,Union soldiers led by Major General Gordon Granger landed at Galveston, Texas, to enforce President Lincoln's Emancipation Proclamation and declare freedom for all slaves; and WHEREAS, each year thereafter, former Texas slaves and their descendents joined in a celebration of freedom and the commemoration became known as "Juneteenth"; and WHEREAS, across our nation, Americans celebrate Juneteenth, a day to reflect on the sufferings of slavery and to remember the joyful declaration of freedom. It is a time of rejoicing with family and friends and a time for planning the future; and WHEREAS, this celebration gives us the opportunity to commemorate the African American heritage. As we honor the courage and fortitude of our ancestors, we renew our commitment to combat injustice with the triumphant spirit of freedom. NOW, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim June 19, 2011, as JUNEFNTH DAY in the City of Waterloo and acknowledge the many contributions African Americans have made to our great Nation. Today is an opportunity to recommit ourselves to confronting injustice wherever we find it and upholding the dignity of all people. By doing so, we protect the freedom and democratic ideals that will keep America strong for generations to come. We encourage all citizens of the Cedar Valley to take part in the various Juneteenth events June 16 through June 19, 2011. IN WITNESS WHEREOF I have here unto set my hand and caused the official seal of the City of Waterloo, Iowa to be affixed this 13th day of June 2011. ATTEST: ret NNMfIN��a�]Qi!„f• n r `� n tyi ,'A Yr2 ill rs yf . s . e Suzy Schares <'� Buck Clark City Clerk Mayor it CITY OF WATERLOO Council Communication City Council Meeting: June 13, 2011 Prepared: June 3, 2011 Dept. Head Signature: Daniel J. Trellca # of Attachments: 1 SUBJECT: ROUTE AMENDMENT: KBBG-FM 35th Annual Parade Submitted by: Daniel J. Trelka, Director of Safety Service Recommended City Council Action: KBBG-FM is seeking an amendment to the route they will use for the 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 8:0o a.m. at the corners of East 4th and Donald Streets Parade will begin promptly at io:oo a.m. Amended parade route will be as follows: Proceed down East 4th Street Head East on to Sumner Street Turn left, proceed North on Mobile 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 Kgg4-FM 88.z •j31.8 Newell, Street • WaterLoo, IA 507-03 i4dw�%v�./PubLLc ReLati.ovz (319) 23.E 1515•Studio (319) 234-1441 • Fa. (319) 234-0182 roll.free: (SIM)937-5224 •webslte: www.lebbg fw.,org • e-mail: realmawagewtiewt@lebbg.org president and c o Louise °Lou^porter Friday,June 3, 2011 AACB, INC. BOARD OF INI Gt•TOR c Mayor Buck Clark City of Waterloo N Jean Hades 715 Mulberry Street chair Waterloo,IA 50703 �yLora ttolra.es,Ph.D. Vice Chair Rev.Donald carver Re: KBBG 35th Annual Radiothon Fundraising event Treasurer Robert 1....Smith Jr. vice Treasurer ari.d Dear Mayor Clark: Financial consultant Michael s.Cook This letter is to inform you that beginning Monday,August 15,through Sunday Director August 21,2011,KBBG will host its 35 Annual Radiothon Fundraiser. The weeklong event will feature various activities. Each night at our facility,volunteers 8ettgiean Furgerson will solicit donations by telephone to community supporters. Ex-ofi to On Saturday,August 20,at 10 a.m.sharp, KBBG is planning to have its Annual oPERAnoNs 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 gevery Douglas East 4th Street, headed East on to Sumner Street and turning Left proceeding North on Mobile Street and ending at KBBG, at the corner of Newell and Mobile Street. Adnanlstrative The estimated end time is 11:50 a.m. Assistant Educe Porter Our only request this year is the assistance of the Waterloo Police Department by Fundraising providing one patrol car to lead our parade. event Coordinator Lashaundra Fletcher We anticipate this event to be our most successful yet! On behalf of the Board of sports Director Directors of KBBG-FM, we appreciate the years of support the City of Waterloo and saulua Ammar Waterloo Police Department has given during the KBBG Radiothon Fundraiser and Annual Parade. Should you have questions,please feel free to contact me. warren Nash,M.D. 2923-1979 u Sinceerreelyy,,� Fonded 1y� C'7Z1� �� ilti - jl. u.t Le porter Lou Porter LaShaundra Fletcher Fouo.der President and CEO Fundraising/Event Coordinator 1931-2OO7 KBBG-FM KBBG-FM z000/z0002 OTp821 9HMI Z9T96£Z6T£ XVd 9£:£T TTOZ/UO/90 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703. RESOLUTION NO. 2011-511 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 amended route to begin at East 4th and Donald Streets, travel south on East 4th Street, east onto Sumner Street, north onto Mobile Street and end at KBBG radio station 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 amended route to begin at East 4th and Donald Streets, travel south on East 4th Street, east onto Sumner Street, north onto Mobile Street and end at KBBG radio station at the corner of Mobile and Newell Streets, be and the same is hereby approved. PASSED AND ADOPTED this 13th day of June, 2011 . lAs,A2- 1 64 t-., Ernest G. Clark, Mayor ATTEST: ('-'21y S a es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: June 13, 2011 Prepared: June 3, 2011 r Dept. Head Signature: Daniel J. Trelk # of Attachments: 4 SUBJECT: MAIN STREET WATERLOO BBQ'LOO&BLUES TOO Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Approval of BBQ'LOO&BLUES, TOO event Summary Statement: Main Street Waterloo is sponsoring the loth annual BBQ'LOO &BLUES, TOO event on Friday, July 15 from 5:30 — 9:3o pm and Saturday, July 16 from noon-9:30 pm for the public and for the Sanctioned BBQ competition. Besides barbeque and mouthwatering chili, there will be live bands, food vendors, a beer garden, a rib eating contest and numerous family activities. The official written request is attached which outlines the activities, as well as the services they will require from various City Departments. Expenditure Required Source of Funds Policy Issue Alternative Background Information: Cc: Captain Joe Leibold, Police Department Chief Pat Treloar,Fire Rescue Mark Rice, Public Works Sandie Greco,Traffic Operations Paul Huting,Leisure Services To: City of Waterloo t �.� Attention: Mayor Buck Clark & City Council From: Cindy Wells/Main Street Waterloo Date: May 26, 2011 Re: BBQ'Loo & Blues Too, July 15 & 16, 2011 iviain Street Waterloo wiii be sponsoring our 10th annual BBQ'Loo Blues Too, on Friday, July 15 from 5:30-9:30PM and Saturday, July 16 from Noon-9:30PM for the public and for the Sanctioned BBQ competition. Our participants will range from the novice backyard barbecue...to seasoned barbecue contestants from across the Midwest. There will be official and public judging. BBQ'Loo & Blues Too is certified & sanctioned by the Kansas City Barbeque Society (KCBS). Besides tasting delicious barbeque and mouthwatering chili, we will also be featuring 2 live bands, food vendors, a beer garden, a rib eating contest, a Kid Q contest, a KCBS Certified Table Captains School and numerous family activities. The activities will be held in Lincoln Park. Four locations will be needed for the event from July 14-16 for various hours: 1 . Lincoln Park — from 10AM on Thursday, July 14 until midnight on Saturday, July 16 2. 4th St. from Franklin to Mulberry Streets — from 6AM on Friday, July 15 till midnight on Saturday, July 16 3. Mulberry Street from 4th St. to Park Ave (the Lincoln Park side - parking lane only) - from 6AM on Friday, July 15 till midnight on Saturday, July 16 4. Park Ave from Franklin to Mulberry Street - from 6AM on Friday, July 15 till midnight on Saturday, July 16 Beer Trailer A Beer Garden will be located in Lincoln Park with 1 serving trailer. Main Street Waterloo will be sponsoring the beer trailer. The proper permits and insurance have been secured. Electricity will be needed to power the beer trailer. • Vendors/Team Contestants There will be 40-48 contestants and food vendors on 4th Street, Mulberry St., Park Ave, and in the Park. Electricity & water will be needed in all those areas. Entertainment Live blues music will include: On Friday from 5:30-9:30PM — Matt Woods & the Thunderbolts On Saturday from 5:30-9:30PIVi — Howard & the White Boys Expanded family activities will be located in Lincoln Park on the Franklin Street side of the Park. Electricity will be needed. We will need cooperation from the following city departments: Parks Department Use of Lincoln Park. Setup will begin on Thursday, July 14 and will be completed on Saturday, July 16. Tear down will be immediately following the event. Assist in getting 2 gators delivered to the Park from Waterloo Implement. The use of the water key. Street Department Use of barricades and meter bags. We will need to shut down the following streets from 6AM on Friday (7-15) until apx. Midnight on Saturday (7-16) - 4th St from Mulberry to Franklin - Mulberry from 4th St. to Park (just the parking lane next to Lincoln Park) - Park Ave from Mulberry to Franklin The intersections that need barricades are: • On 4th St. at the Franklin & Mulberry intersections • On Mulberry St. between 4th & Park (parking lane only) • On Park Ave between Franklin & Mulberry We will need to bag the parking meters on Thursday, July 14 after 5PM to help with barricading and setup. • Electrical Department We request the use of electrical boxes at each location. We will need them in operation by 8AM on Friday, July 15 and need them until Saturday, July 16 at 10:00PM Specific electrical needs from the bands, food vendors, and beer vendors will be forthcoming. Police Dept We would appreciate extra officers on bikes,gaters, horses, etc. within the event area for added security during the public event hours. We will employ an off-duty officer to patrol the Park from 10:30PM- 6AM on Friday, July 15. The majority of cooks will stay overnight in their vehicles to tend their cooking grills and we are required to have on site security for the duration of the event, per KCBS rules. Fire Dept We would like fire truck tours on site during the children's activities on Friday evening and Saturday afternoon, if possible. We will notify 911 if there is a first aid emergency. We would also like to store the 4 borrowed gators & carts at Station 1 on Saturday, July 16. We will drop them off by midnight on the 16th and the Park Dept will pick them up and return them to their owners on Monday, July 18. In the event that we have not furnished the proper information on this request, or if you have concerns about one or more of our requests, please feel free to contact Cindy Wells at: (w) 236-8546 (c) 404-7308. Main Street Waterloo appreciates all of your cooperation and help with this event. The Mayor, City Officials, and Department Heads within the City of Waterloo have always been wonderful to our organization and we appreciate all of your help in making the 2011 BBQ'Loo & Blues Too a success. I look forward to hearing from you. • . . . . . , . . . . . . Elks Lodge. - . . . . . . , —,. . . . 1 . . . . , . ate. E. a. R. S g C j g : . . . . . . . . [ . . . . + . •. . - . ,Pa. . . . . . . . .Avenue— . , . . 1 . , . . . . . . + . . . . . . . . . . .0 . , . . _ . . . . . . . . . . . . . : . . . . . . . . o o E rt I - . A : . , - 4th Street : : :. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 . RESOLUTION NO. 2011-512 RESOLUTION APPROVING REQUEST OF MAIN STREET WATERLOO TO HOLD BBQ' LOO & BLUES, TOO EVENT ON JULY 15-16, 2011 IN LINCOLN PARK, INCLUDING CLOSING THE FOLLOWING STREETS FROM 6: 00 A.M. ON JULY 15TH TO MIDNIGHT ON JULY 16TH: 4TH STREET FROM FRANKLIN STREET TO MULBERRY STREET; MULBERRY STREET FROM 4TH STREET TO PARK AVENUE (PARKING LANE NEXT TO LINCOLN PARK) ; AND PARK AVENUE FROM FRANKLIN STREET TO MULBERRY STREET. WHEREAS, Main Street Waterloo has requested to hold BBQ' Loo & Blues, Too event on July 15-16, 2011 in Lincoln Park, including closing the following streets from 6: 00 a.m. on July 15th to midnight on July 16th: 4th Street from Franklin Street to Mulberry Street; Mulberry Street from 4th Street to Park Avenue (parking lane next to Lincoln Park) ; and Park Avenue from Franklin Street to Mulberry Street. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Main Street Waterloo to hold BBQ' Loo & Blues, Too event on July 15-16, 2011 in Lincoln Park, including closing the following streets from 6: 00 a.m. on July 15th to midnight on July 16th: 4th Street from Franklin Street to Mulberry Street; Mulberry Street from 4th Street to Park Avenue (parking lane next to Lincoln Park) ; and Park Avenue from Franklin Street to Mulberry Street, be and the same is hereby approved. PASSED AND ADOPTED this 13th day of June, 2011. Zekjal 1°ae, Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk FINANCE DEPT. STAFF ONLY LINE ITEM USED TRAVEL REQUEST FY BUDGETED _ CITY OF WATERLOO EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE _ Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Jeff Siebel„ Building Maintenance May 13, 2011 NAME OF CLASS/MEETING: DESTINATION: Des Moines, IA M-2 Comm Mechanical lnsp Exam DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: May 13, 2011 May 13, 2011 May 13, 2011 PURPOSE OF TRAVEL/TRAINING: Commerical Mechanical Insp Exam WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE X PRIVATE VEHICLE AIRFARE DEPARTING FROM: (no reimbursement for fuel) ESTIMATE OF COST: BUDGET LINE ITEM: 010-22-5100-1346 LODGING TAXI GRANT REIMBURSABLE MEALS PARKING YES NO $ 180.00 REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 180.00 TOTAL: $ 180.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPA T HEAD YOR - tf2ft3igoct DAT DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 CITY OF WATERLOO Council/Committee Communication Committee Meeting: June 13, 2011 Prepared: June 6, 2011 it Dept. Head Signature: # of Attachments: 2 SUBJECT: Re-appointments to the Metropolitan Transit Authority Board Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: If approved by Council, the following terms will start July 1, 2011. • Akela McDonald appoint to 1st full 3-yr term to expire June 30, 2014 (previous term served was a partial term) • Sally Meyers appoint to 2nd 3-year term to expire June 30, 2014 • Cindy Wells appoint to 2"d 3-year term to expire June 30, 2014 • Star Rupe appoint to 2"d 3-year term to expire June 30, 2014 • Michelle Weidner(City of Waterloo representative to MET board) 4th term to expire June 30, 2014 (fi/qL\, . CITY OF WATERLOO , IOWA CITY ATTOFINEY'S OFFICE a 00„ �oS�`° 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4571 / JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOEFE,R,Assistant City Attorney Mayor BUCK CLARK COUNCIL June 13, 2011 MEMBERS DAVID JONand I Mayor Buck Clark and City Council CAROLYN City Hall COLE Waterloo, IA 50703 Ward 2 HAROLD Dear Mayor Clark and Council Members: GETTY Ward 3 I have examined the bonds filed with the City Clerk/Auditor's Office up to the QUEr TIN M. close of business on June 9, 2011. HART Ward 4 Of the p bonds submitted, were approved and O RON rejected, as shown on the attached list. WELPER Wards Very ly ours, BOB GREENWOOD At-Large STEVE Davi . Zellhoefer SCHMITT Assistant City Attorney At-Large DRZ:lc CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer y BONDS FOR COUNCIL APPROVAL JUNE 13, 2011 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/12) AMOUNT: $5,000 .00 _._SY62418 ANACAPA ASSOCIATES, LLC WATERLOO, IA ALA 596847 BESSIE E SMITH DBA 02/21/1929 OELWEIN, IA /0502983 BRIAN MUELLER WATERLOO, IA --fA 56835 DON MILLER DBA DON MILLER CONSTRUCTION WATERLOO, IA 23080433 KEN GRIGG DBA KC CONCRETE CONTRACTORS JESUP, IA -404211 MERV SELLS & SON, INC. CEDAR FALLS, IA J-6125273 ROGER SAMEC NEW HARTFORD, IA BUILDING MOVER' S BOND (EXPIRES 4/30/12) AMOUNT: $10, 000 . 00 _RLI0283344 AYLSWORTH BROTHERS HOUSE MOVERS MILWAUKEE, WI , . • • • • • • • • • • ♦ s • • • • • • • • • n < wags m i-f ii z mtr,r II k,! II .1.1 01 II „ l ii Li W M Ili 12 3 `tit II . 1 II f p- N al ii •w G Q ii If ii li M it L l i II - 11 # + } O d rd .1. A , w a N w 8 m 4 co ON -A fl 0 :t O II m 7 n O y p fi 0 (eU 'b 4 UI 0 ' ' . 0 ! 'l m G. .t•2� II �; 0 CO H 1s11 f-( 1-3 OH Ci] CPC O if ^i ' 0 i n r r '1 11 LNy ( n p 'cy 1. o es C o :U T (, Z II --1 e7 i 1-3 'zi m it m O ii 7.1 O II O P. Edi n 5. may x !i N o k1 O n 4 0 O A 9 1 � 4 r p �-1 r II 0 0-3 �n U i*. Grr 'f a K cA 0 II C II C fR ill -ER it I" it , ti .r 11 -i N N iU im N Ii N N No m. .1 N N i t- ❑ N .1 .1 01 O .1 CO CO N Ed .1 ❑ ❑ .1 m io U1 o a is o CO ❑ -• In - ❑ . ai` wiz n A ;7 N t < -t -ov 1 -CO m O▪ I z O L` M m It m -.n .1 11 -i N n P !i x, N 11 3 O a a 1 ! r i A A & r r i t A al a a a a a a a , , ;y CITY OF WATERLOO, IOWA gplime WASTE MANAGEMENT SERVICES d ^�-•^ 3505 EASTON AVE. WATERLOO, IA 50702 (319)291-4553 FAX(319)291-4523 rerloo \\ LARRY N.SMITH SUPERINTENDENT Council Communication :Mayor City Council Meeting: 5/23/2011 (t))/ BUCK Prepared: 5/17/2011 CLARK Dept. Head Signature: 14eX Xi( # of Attachments: s,....i(tLe, CD COUNCIL I l Cal j MEMBERS SUBJECT: City Contract No. 809- Highway 63 South Corridor Manholes DA V ID JONES Submitted by: Larry N. Smith, WMS Superintendent Ward 1 CAROLYN COLE Recommended City Council Action: Approval of request to set a date of hearing on the Ward 2 plans, specifications, form of contract and bid opening as of June 23, 2011 HAROLD GETTY Ward Summary Statement: Proposals will be received and acted upon for the rehabilitation of QUENTIN approximately 84 manholes along the Highway 63 south corridor. HART Ward 4 RON WELPER Expenditure Required: Ward 5 BOB GREENWOOD Source of Funds: At-Large STEVE Policy Issue: SCHMITT At-Large Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703. RESOLUTION NO. 2011-513 RESOLUTION RESETTING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE F. Y. 2011 HIGHWAY 63 SOUTH MANHOLE REHABILITATION, CONTRACT NO. 809, IN THE CITY OF WATERLOO AS JUNE 27, 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 27th day of June, 2011, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, estimate of cost, etc. , in conjunction with the F. Y. 2011 Highway 63 South Manhole Rehabilitation, Contract No. 809, 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 13th day of June, 2011 . Z:141.4.41-1.(X:17 Ernest G. Clark, Mayor ATTEST: Suzy Sch s, CMC City Clerk CITY OF WATERLOO Council Communication 610(26�l City Council Meeting: May 09, 2011 Prepared:May 02, 20 Dept. Head Signature urr e: _1(/ # 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 Jive fire training. Instructions to Bidders Sealed bids are due no later than 2:00 p.m. on June 13, 2011 , to: Waterloo City Clerk's Office 715 Mulberry Street Waterloo, IA 50703 Vendors should clearly indicate on the envelope "Bid for 500 GPM Portable Water Pump". Sealed bids will be opened June 13, 2011 at 5:30 p.m. during the Waterloo City Council Meeting. Sealed bids must be on the forms provided. The City of Waterloo reserves the right to reject any and/or all bids. Any questions regarding this bid process may be directed to Pat Treloar, Chief of Fire Services @ (319) 291-4459. City of Waterloo, Iowa Specifications Coversheet One (1) - 500 GPM water pump mounted on a 60" X 120", 5000Ibs. Tandem axle trailer 1. Specifications for water pump and trailer is attached 2. Any and all water pump requirements, trailer requirements will be included in specifications and bid accordingly. 3. The trailer mounted water pump as specified would be delivered, operational and ready for use by 4 — 6 weeks Our cost for one (1) 500 GPM water pump mounted on one (1) 5000 lbs. Trailer with all accessories is $ Company Signature Date Address City State Zip Code Print/Type Name Note: This form must be returned, as the first page of your bid document. City of Waterloo, Iowa Specifications One (1) 500 GPM. Water pump mounted on a 5000 lbs tandem axle trailer Minimum Specification: Water pump Meets Exceeds Specifications Specifications 500 GPM discharge head and (2) valves 3/<" recirculation line from discharge to suction side of pump 30 degree down discharge valve nipple 5" chrome plated cap 3" relief valve (mounted) for PSE/PSF/PSR, pilot head (required) 12volt relief valve remote pilot control 6" Suction head with (1) 5" storz connection 2 1/2" x (2) 1 1/2" Gated wye 50 gal. Diesel Minimum Specification: Tandem trailer 60" x 120", 5000 lbs. Tandem trailer Electric brakes included on one axle Enclosed wiring, 2" ball coupler, painted frame, tongue jack, 2 x 12 decking, 2 rear stabilizer jacks Water pump mounted on trailer • STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1352053 • NOTICE OF PUBLIC HEARING AND NOTICE notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 06/07/2011, in the issues of 06/07/2011 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 $16 . 93 Signed NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS Subscribed and sworn to before me this for the taking of bids for PURCHASE OF PORTABLE WATER O -PUMP FOR LIVE FIRE TRAINING 1 Sealed proposals will be received by the day o f �� `/ City Clerk of the City of Waterloo,Iowa, at her office in the City Hall of said City on the 13th day of June,2011,until 2:00 p.m.,for the Purchase of Portable Water Pump for LiveFire Training. All proposals received will be opened in the Council Chambers in the City Hall in the City of Waterloo,Iowa,on the 13th day of June,2011,at 5:30 p.m. Bid pro- Notary Public posals will be acted upon at that time or at such time as may then be fixed. 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 Received of Portable Water Pump for Live Fire Train- ing at 5:30 p.m.on June 13,2011,in the Council Chambers in the City Hall in the City of Waterloo,Iowa. The proposed the sum of Dollars bid form is on file in the office of the City Clerk for public examination. A bid doc- in full for publication of the above invoice . ument may be obtained from Waterloo Fire Rescue,425 East Third Street,Wa- terloo,Iowa,50703. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, Notary Seal : - City Hall,.JMaterloo,_Iowa,before the date set for said hearing. By order of the Council of the City of Wa- terloo this 9th day of May,2011. Suzy Schares City Clerk DEBBIE S. ARBUCKLE ° , COMMJSSi0N NO. 174858 MY O,MWiIS t E.2<p 2S Purchase of Portable Water Pump for Live Fire Training June 13, 2011 Bid Tab Estimate: $30,000.00 Bid Bond Not Required Bidder Bid Amount Sandry Fire Supply, LLC 618 6m Street 4 D 4;-, (d 9 DeWitt, Iowa 52742 W.S. Darley/Ohler Division 501 Maple Street �� 0-crTJ, cl) Janesville, Iowa 50647 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 . RESOLUTION NO. 2011-514 RESOLUTION CONFIRMING APPROVAL OF 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 Chief of Fire Services 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 Chief of Fire Services did file said preliminary specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the purchase of Portable Water Pump for Live Fire Training, which were preliminarily approved by Resolution No. 2011-405 on May 9, 2011, and WHEREAS, a public hearing, upon notice, was held on June 13, 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 Portable Water Pump for Live Fire Training, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 13th day of June, 2011 . 4,e-a-/yr a17 Ernest G. Clark, Mayor ATTEST: Suzy S aes, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 . RESOLUTION NO. 2011-515 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE PURCHASE OF PORTABLE WATER PUMP FOR LIVE FIRE TRAINING. WHEREAS, by Resolution No. 2011-514, 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, Iowa, have been approved and adopted by this Council after the public hearing on June 13, 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 13th day of June, 2011 . Ernest G. Clark, Mayor ATTEST: 9)1 Suzy Sc r , CMC City Clerk CITY OF WATERLOO Council Communication}6 t-) (4°1 City Council Meeting: May 23, 2011 Prepared: May 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)New vehicle mounted pipeline video system for the Sewer Department and to instruct the City Clerk to publish notice of hearing on bid document, specifications etc, as June 13, 2011 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approve Summary Statement: The Finance Committee at their May 23, 2011 meeting approved the request for authorization to seek bids. Expenditure Required: Est$200,000 Source of Funds: Sewer Funds Policy Issue: NA Alternative: NA Background Information: Request Council adopt resolutions to set date of hearing for the purpose of purchasing one (1) vehicle mounted pipeline video monitoring system for the Sewer Department. STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1352061 NOTICE OF PUBLIC HEARING AND NOTICE notice was published in the WATERLOO/CEDAR FALLS COURIER -, a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 06/07/2011, in the issues of 06/07/2011 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 $17 . 36 Signed v NOTICE OF PUBLIC HEARING--*` AND NOTICE TO BIDDERS for the taking of bids for PURCHASE OF ONE(1)NEW VEHICLE MOUNTED PIPELINE VIDEO SYSTEM Sealed proposals will be received by the Subscribed and sworn to before me this Cty clerk of the Cty of waterloo,Iowa, ater her 13th in the City Hall , sal :00 on thef d Purchase of 2011,until 1 Ne0 // noon,for the Purchase of One(1)New day Of )6, [ G / All Vehicle Mounted proposals received will be opened in the Council Chambers in the City Hall in the City of Waterloo,Iowa,on the 13th day of June,2011,at 5:30 p.m. Bid pro- \ posals will be acted upon at that time or at such time as may then be fixed. "42.1/16z j7. Notice is hereby given that the Council of the City of Waterloo will conduct a public Notary Public \ hearing on the proposed specifications, bid document,etc.for the Purchase of One(1)New Vehicle Mounted Pipeline Video System at 5:30 p.m.on June 13, 2011,in the Council Chambers in the City Hall in the City of Waterloo,Iowa. Received of The proposed bid form is on file in the office of the City Clerk for public examination. A bid document may be obtained from the the sum of of Central Garage,1314 SuperintendentBlack Hawk Dollars Street,Waterloo,Iowa,60703. in full for publication of the above invoice . Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall,Waterloo,Iowa,before the date set for said hearing. By order of the.Council of the City of Wa- Notary Seal : terloo this 23rd day of May,2011. Suzy Scherer City Clerk , c,A. DEBBIE S. ARBUCKLE - COMMISSION NO. 174858 MY COM ISSION EXPIH Purchase of One (1) New Vehicle Mounted Pipeline Video System June 13, 2011 Bid Tab Estimate: $200,000.00 Bid Bond Not Required Bidder Bid Amount Mid-Iowa Solid Waste Equipment Co., Inc. > 5105 NW Beaver Drive / .9 /!' , c Johnston, Iowa 50131 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703. RESOLUTION NO. 2011-516 RESOLUTION CONFIRMING APPROVAL OF SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PURCHASE OF ONE (1) NEW VEHICLE MOUNTED PIPELINE VIDEO SYSTEM. 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) New Vehicle Mounted Pipeline Video System, 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) New Vehicle Mounted Pipeline Video System, which were preliminarily approved by Resolution No. 2011-466 on May 23, 2011, and WHEREAS, a public hearing, upon notice, was held on June 13, 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) New Vehicle Mounted Pipeline Video System, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 13th day of June, 2011 . Lie 1:e/eel Ernest G. Clark, Mayor ATTEST: Suzy Sc ars, CMCc�Itc'City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 . RESOLUTION NO. 2011-517 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE PURCHASE OF ONE (1) NEW VEHICLE MOUNTED PIPELINE VIDEO SYSTEM. WHEREAS, by Resolution No. 2011-516, specifications, bid document, form of contract, etc. , in conjunction with the purchase of One (1) New Vehicle Mounted Pipeline Video System, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on June 13, 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 13th day of June, 2011 . Z.4141d-di Ernest G. Clark, Mayor ATTEST: Suzy Sch re , C City Clerk 4 , • 1 �►, rr Nr OF WATERLOO , IOWA Ad ifir ... COMMUNITY PLANNING AND DEVELOPMENT Str t • Waterloo Iowa 50703 5 83 • (319) t-ax(310)291-4262 W100 .As ir)ERSON,CervriozyPla,wmgk'VI el,pr, ' ' ,,ucr CITY OF WATERLOOIbt / ( ]fA// BUCK CLARK. Council Communication I 6 �/�i City Council Meeting: June 13, 2011 f �t1 COUNCIL. Prepared: June 8, 2011 MEMBERS Dept. Head Signature: Noel Anderson, Community Planning & Development Director #of Attachments: 0 DAVIT? SUBJECT:San Marnan vacate and relocation JONES Lva"" Submitted by: Noel Anderson, Community Planning & Development Director CA;ROLYN t ,:;cE. Recommended City Council Action: Include as a line to hearing actions Summary Statement: As previously noted, the vacate, sale and conveyance of the San Marnan corridor from west of Galactic, westerly to a location short of West 4th Street, will involve many actions now and moving forward. The attached Development Agreement will specify those actions to relocate the roadway to allow for new residential lots within the community, while ensuring to City Council that the immediate actions of vacation, sale, and conveyance will be cat BN I followed by the construction and dedication of portions needed for this connection in the community. As you can see, the Development Agreement basically specifies the following: 1. The City will vacate, sell, and convey the portion of San Marnan Drive as discussed for $1.00. 2. Applicant agrees to build and dedicate a new roadway in accordance with city standards for BOB a public road. It should be noted the applicant is building the new roadway entirely with private funds in exchange for the land to be vacated. The estimate for this work is over$1.3 million. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development Alternative: NA Background Information: This project has been discussed for many years to try and fully utilize the aesthetics of the Sunnyside Country Club. This is a great new project for new residential development within the community. C IT Y WEBSITE' www cl.waterloo_is LIS WORKING An WE'RE FOR iWA#ER�G96' Poni yiA,n veArn E op{o er PROJECT DEVELOPMENT AGREEMENT This Project Development Agreement (the "Agreement") is entered into as of u w..- Ott , 2011, by and between Sunnyside South Addition, LLC ("Company"), and the City of Waterloo, Iowa, ("City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a relocation of a portion of West San Marnan Drive between Ansborough Avenue and W. 4th Street in connection with development of lots for construction of single- family dwellings (the "Improvements") in the project area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Property and Improvements by Company. Identified on Exhibit "A" hereto is a portion of the existing street right-of-way of West San Marnan Drive (the "Property") on which Company proposes to relocate the existing street generally in accordance with the preliminary design depicted on Exhibit "B" hereto. Following City's vacation of said street right-of-way and conveyance of same to Company, Company shall, at its own cost, remove the existing street, recycle the road materials or properly dispose of them offsite, and construct a new concrete street that meets applicable City and state standard specifications and criteria for a minor arterial street. At all times that the street is not open for general traffic, Company shall erect and maintain suitable signage as per the Manual on Uniform Traffic Control Devices. Construction of the new street shall be completed within ninety (90) days of conveyance, unless extended by mutual agreement of the parties. All of Company's activities in relation to construction of a new street as described herein for purposes of facilitating a residential subdivision development are referred to as the "Project." Company agrees to dedicate the new street and associated right of way to the City upon completion. 2. Covenants of City. a. City agrees to vacate the Property and to convey same to Company by special warranty deed for the price of $1.00. City shall cooperate with Company as to the actual timing of the conveyance. City shall have no duty to provide an abstract of title or other evidence of title, but Company may procure whatever evidence of title it desires at its own cost; provided, however, that City shall cooperate with any reasonable request by Company, and shall approve and execute such reasonable documents, as Company may request to obtain merchantable title, 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 or other applicable law. b. City agrees to cooperate with Company to develop a street design that integrates with a reconnection to the remainder of existing West San Marnan Drive at each end of the new street and that considers the likelihood of future construction of an extension of San Marnan Drive to the south in connection with future land development. Company shall have the right to select a name for the new street, subject to approval by the City. c. City agrees to provide reasonable assistance to Company in connection with any applications for rezoning of the Property or portions thereof for purposes consistent with the Project and the eventual development of the Property for residential subdivision. d. City agrees to provide reasonable assistance to Company and to cooperate, subject to the requirements of applicable law and current standards of good engineering practice, in approval of plans affecting drainage of surface waters and for location or relocation of utilities and infrastructure and approval of same as actually placed. 3. 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. 4. Representations and Warranties of Company. Company hereby represents and warrants as follows: a. It is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. b. It is duly organized, validly existing, and in good standing under the laws of the state of Iowa. 2 c. It 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 for it and all documents to be delivered to City hereunder is and shall be authorized to do so on its behalf. 5. 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. 6. 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 Community Planning and Development Director. (b) if to Company, to Sunnyside South Addition, LLC, P.O. Box 447, Hudson, Iowa 50643, Attention: Jeff Stickfort. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iii) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 7. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party of parties to be bound or by its duly authorized representative, and specifying with particularity the extend 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. 8. 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 3 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. 9. Captions. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and or/or reference, and they shall in no way be construed as limited, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 10. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 11. 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. 12. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supercedes all prior to contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 13. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Project Development Agreement as of the date first set forth above. CITY OF WATERLOO, IOWA SUNNYSIDE SOUTH ADDITION, LLC By: By: � /UAL Ernest G. Clark, Mayor Jeff SUccfort, Manager Ifto.A.pfitt, Attest: Suzy Schares, City Clerk 4 Exhibit "A" Description of Project Area A parcel of land located in the Southwest Quarter and the Southeast Quarter of Section 5, Township 88 North, Range 13 West of the 5th Principal Meridian; and in the Northwest Quarter and the Northeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th Principal Meridian; all in Black Hawk County, Iowa, more particularly described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Section 5; thence N 89°49'35" E 606.20 feet along the South line of said Southwest Quarter and the North right-of- way line of W. San Marnan Drive; thence N 87°38'39" E 654.24 feet along said North right-of- way line to the point of beginning; thence continuing along said right-of-way line N87°38'39" E 1393.71 feet to a point on the East line of said Southwest Quarter; thence N 87°27'11" E 1586.30 feet along said North right-of-way line; thence S 02°32'49" E 120.97 feet; thence Westerly 172.90 feet along a non-tanget 510.00-foot radius curve, concave Northerly, (said curve having a 172.08 foot chord bearing S 77°44'26" W) to a point 70 feet normally distant North of the South right-of-way line of W. San Marnan Drive; thence S 87°27'11" W 477.10 feet along a line 70 feet North of and parallel with said South right-of-way line; thence S 88°40'09" W 942.74 feet along a line 70 feet North of and parallel with said South right-of-way line to a point on the West line of said Northeast Quarter of Section 8; thence S 87°38'39" W 1270.78 feet along a line 70 feet North of and parallel with said South right-of-way line; thence Westerly 121.32 feet along a 480.00 radius curve, concave Northerly (said curve having a chord of 121.00 feet and bearing N 85°06'54" W); thence N 02°32'49" W 114.75 feet to the point of beginning; containing 9.356 acres. Prepared for: Sunnyside South Addition L.L.C. • STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1352218 NOTICE OF PUBLIC HEARING TO WHOM IT notice was published in the WATERLOO/CEDAR FALLS COURIER - a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 06/09/2011, in the issues of 06/09/2011 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 . NOTICE OF PUBLIC HEARING Printer' s Bill $28 " 21 TO WHOM IT MAY CONCERN: Notice is hereby given that on the.13th day of June,2011,at 5:30 p.m.,in the Council Chambers in the City Halt in the Waterloo,City f publi Waterloo,wa, Iowa,a proposal hearing will besell,held by the Council of the City of } at and on the proposal to va- t tale and convey a portion of San Mamas Drive generally located between Si ned Galactic Drive and West 4th Street,west g of Ansborough,to Sunnyside South Ad- dition,LLC for 91.00 for the purpose of relocating the roadway for the creation of new residential lots,legally described as follows: Subscribed and sworn to before me this Aparelof land located inthe southwest Quarter and the Southeast Quarter of `� 16 Section 5,Township 88 North,Range 13 !// C-ti 'day of 11'e �r j/ Wester the 5ech Principal8, s 88 Norio. '�,"'`� �61 1 J the Northwest Quarter and the Northeast , / Quarter Section TownshipB, 88 North, Range 13 West of the 5th Principal Me- ridian;all in Black Hawk County,Iowa, more particularlytin described htl as follows:ocorner Commencing at the Southwest corner of the Southwest Quarter of said Section 5-, i thence N 89'49 35"E 606.20 feet along. the South line of said Southwest Quarter and the North right-of-way line of W.San Notary Public Marnan Drive;thence N 87°38'39"E 894.24 feet along said North right-of-way line to the point of beginning:thence continuing along said right-of-way line N87'38'39"E 1153.71 feet to a point on Received of the East line of said Southwest Quarter, thence N 87'27'11"E1446.30 feet along said North right-of-way tine;thence S 02.32'49"E 145.00 feet to a point 75 feet the sum of normally distant North of the South right Dollars of way line of W.San Marnan Drive; thence S 87'27'11"W 506.66 feet along in full for publication of the above invoice . aline 75 feet North of and parallel with said South right-of-way line;.thence S 88'40'09'W 942.73 feet along a line 75 feet North of and parallel with said South right-of-way line to a point on the West Notary .Seal ; line of said Northeast Quarter of Section 8;thence S 87'38'39 W 1150.83 feet along a tine 75 feet North of and parallel with said South right-of-way line;thence N 02'32'49"W 125.00 feet to the point of beginning;containing 7 910 acres more ` DEBBIE S. ARBUCKLE or less,all in the City of Waterloo,Black Hawk.County,Iowa; _`A COMMISSION NO. 174858 for$t.o0,plus costs. 4 MY COMypIS�y'IO;, PIAES Aid ne lime ao nd s placeay ar at and be heard or may file written objection with the City Clerk, City Hall,Waterloo,Iowa,before the date set for said hearing. By order of the Council of the City of Wa- terloo this 23rd day of May,2011. Suzy Schares City Clerk CITY OF WATERLOO Council Communication City Council Meeting: 6/13/11 Prepared: 6/2/11 Dept. Head Signa #of Attachments: 1 SUBJECT: Resolution-to approve and authorize Mayor Clark to sign Amendment# 2 to the Community Attraction &Tourism contract 07-CAT-035 (RiverLoop Expo)with the Vision Iowa Board, City of Waterloo and Waterloo Development Corporation. Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Pass said Resolution Summary Statement: This amendment extends the deadline for completion of the project to September 30, 2011. This is when the Public Market is to be functioning as a food store. Expenditure Required: NONE Source of Funds:N/A Policy Issue:N/A Alternative: N/A Background Information:A copy of the Agreement is available for your review in the City Clerk's office. This is allows a time extension to complete work on the Public Market building and to open the Food Co-op. IOWA changing RECEWED MAY 2 72011 May 23, 2011 The Honorable Ernest G. Clark The City of Waterloo 715 Mulberry Street Waterloo, IA 50703-5783 Daniel Watters, President Waterloo.Development Corporation 10 West 4th St. Waterloo, IA 50701 RE: City of Waterloo and Waterloo Development Corporation CAT Agreement 07-CAT-035 —RiverLoop Expo Dear Mayor Hurley and Mr. Watters: Enclosed is a cop y of Amendment#2 to the Community Attraction& Tourism contract 07-CAT-035 between the Vision Iowa Board and City of Waterloo and Waterloo Development Corporation. Please sign this document, and return it to me at the following address: 200 East Grand Avenue, Des Moines, Iowa 50309-1819. Once you have signed the amendment, I will have Chairwoman Bailey sign it. I will send you a signed copy for your file. Thank you for your work on this project. Please let me know if you have any questions or concerns. I can be reached by phone at 515.725.3197, or by e-mail at alaina.santizo(7a iowa.gov. Sincerely, Alaina Santizo Vision Iowa/CAT Program Manager Terry E.Branstad,Governor IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT Kim Reynolds,Lieutenant Governor Debi Durham,Director c 200 East Grand Avenue,Des Moines,Iowa USA 50309 a Phone:515.725.3000 F Fax 515.725.3010•www.iowalifechanging.com VISIO IOTA COMMUNITY ATTRACTION AND TOURISM PROGRAM (CAT) GRANT AGREEMENT RECIPIENT: City of Waterloo and Waterloo Development Corporation CAT NUMBER: 07-CAT-035 EFFECTIVE DATE: February 14,2007(Reopened April 13,2011) PROJECT NAME: RiverLoop Expo TOTAL GRANT AMOUNT: $1,000,000 PROJECT COMPLETION DATE: February 28,' 009 November 30, 2009 September 30,2011 This COMMUNITY ATTRACTION AND TOURISM ("CAT") GRANT AGREEMENT is made by and between the Vision Iowa Board ("Board" or " Vision Iowa"), and City of Waterloo and Waterloo Development Corporation ("Recipient"). WHEREAS, the Community Attraction and Tourism (CAT) Program was established by the Iowa Legislature and the Governor of Iowa to support community projects that build on Iowa's unique assets and values and expand the recreational, cultural, educational, and entertainment opportunities in Iowa. WHEREAS, Recipient submitted an application to the Vision Iowa Board requesting CAT assistance to help finance the Project. WHEREAS, the Vision Iowa Board found the Project to meet the requirements established for participation in the CAT Program. WHEREAS, the Board, on February 14, 2007, unanimously voted to award (Reopened April 13, 2011) a grant of One Million Dollars ($1,000,000) to Recipient to assist in funding the Project, subject to the terms and conditions herein. NOW THEREFORE, in consideration of the mutual promises contained in this Agreement and intending to be legally bound, the Vision Iowa Board and Recipient agree to the following terms of this grant: CAT Grant Agreement Format approved 5/01 CAT Agreement Number:07-CAT-035,City of Waterloo and Waterloo Development Corporation ARTICLE 1 DEFINITIONS As used in this Agreement,the following terms shall apply: 1.1 AGREEMENT EXPIRATION DATE "Agreement Expiration Date" means the date this Agreement ceases to be in force and effect. The Agreement expires upon the occurrence of one of the following: a)this Agreement is terminated by the Board pursuant to Article 8; b) no disbursement of CAT funds has occurred within the twelve (12) months immediately following the Effective Date; or c) at the Project Completion Date. 1.2 EFFECTIVE DATE "Effective Date" means the date stated above on which the terms of this Agreement become in force and effect. 1.3 GRANT "Grant" means an award of assistance,with the fulfillment of the conditions of the award,where repayment of funds is not required. 1.4 GRANT AGREEMENT or AGREEMENT "Grant Agreement" or "Agreement" means this document,the Project budget and all of the notes, leases, assignments,mortgages, and similar documents referred to in this document and all other instruments or documents executed by the Recipient or otherwise required in connection with this grant award. 1.5 PROJECT "Project"• means the detailed description of the work, services, and other obligations to be performed or accomplished by the Recipient as described in this Agreement, Exhibit C -Program Description and Budget, and the CAT Application as approved by the Board (Exhibit A). 1.6 PROJECT COMPLETION DATE "Project Completion Date" means February 28, 2909 November 30, 2009 September 30, 2011 which is the date by which the Project tasks shall have been fully accomplished. 2 CAT Grant agreement CAT Agreement Number: 07-CAT-035,City of Waterloo and Waterloo Development Corporation ARTICLE 2 IDENTITY OF THE PARTIES 2.1 The Vision Iowa Board is a public instrumentality of the State of Iowa that was legislatively created to organize, establish, oversee and approve the administration of the Vision Iowa Program and the Community Attraction and Tourism Program. Iowa Code chapter 15F authorizes the Board and its programs. The Board's address is 200 East Grand Avenue, Des Moines, IA 50309. 2.2 The City of Waterloo is an Iowa municipality located at 715 Mulberry Street, Waterloo, IA 50703. Waterloo Development Corporation is an Iowa non-profit corporation loca ted at 10 West 4th Street, Suite 310, Waterloo,IA 50701. 3 CAT Grant agreement CAT Agreement Number:07-CAT-035,City of Waterloo and Waterloo Development Corporation ARTICLE 3 FUNDING 3.1 FUNDING SOURCE The source of funding for the award is funds legally available to the Board in the Community Attraction and Tourism Fund established pursuant to Iowa Code section 15F.204 (2001). The funds of the State of Iowa, other than those of the Community Attraction and Tourism Fund, are not obligated or available to meet any obligations of the Board created by this Agreement, and this Agreement shall not constitute an obligation or debt of the Board or the State except to the extent expressly described herein from funds on hand legally available for such purposes. 3.2 RECEIPT OF FUNDS All payments under this Agreement are subject to possession by the Board of sufficient funds for the Community Attraction and Tourism Program. Any termination, reduction or delay of Community Attraction and Tourism funds to the Board may, in the Board's sole discretion, result in the termination, reduction or delay of Community Attraction and Tourism funds to the Recipient. 4 CAT Grant agreement CAT Agreement Number:07-CAT-035,City of Waterloo and Waterloo Development Corporation ARTICLE 4 TERMS OF GRANT 4.1 GRANT The Board shall make a Grant in the amount first stated herein to the Recipient to assist in financing the Project, all subject to the terms and conditions of this Agreement. A copy of Recipient's Application describing the Project is an integral part of this Agreement and marked as Exhibit A. Due to its size Exhibit A will not be attached to this Agreement, but will be kept on file at the Iowa Department of Economic Development. 4.2 MAXIMUM PAYMENTS It is expressly understood and agreed that the maximum amounts to be paid to the Recipient by the Board for Project activities shall conform to the budget as presented in Agreem ent Exhib it C _ Program gr Description and Budget. It is further understood and agreed that the total of all .to the payments Recipient by the Board for Project activities shall not exceed the Award Amount unless modified by written amendment of this Agreement. 4.3 USE OF FUNDS The Recipients hereby agree to construct and operate the Project as described in its CAT Application Exhibit A, as approved by the Board, and Exhibit C, Project Description and Budget. Recipient shall maintain the Project in accordance with the representations in Exhibits A and C during the term of this Agreement. The Recipients shall allow the Board, its internal or external auditors, the Iowa Department of Economic Development, the Auditor of the State of Iowa, the Treasurer of the State of Iowa, the Attorney General of the State of Iowa or the Iowa Division of Criminal Investigations to inspect the Project facilities at all reasonable times in order to monitor and evaluate performance with Iowa law and the terms of this Agreement. 4.4 ACCOUNTING RECORDS The Recipient is required to maintain its books, records and all other evidence pertaining to this Agreement in accordance with generally accepted accounting principles and such other procedures specified by the Board. These records shall be available to the Board, its internal or external auditors, the Iowa Department of Economic Development, the Auditor of the State of Iowa, the Treasurer of the State of Iowa, the Attorney General of the State of Iowa and the Iowa Division of Criminal Investigations at all times during the Agreement's duration and any extension thereof, and for three (3) full years from the expiration date. 5 CAT Grant agreement CAT Agreement Number:07-CAT-03 5,City.of Waterloo and Waterloo Development Corporation 4.5 DOCUMENTATION Within 10 days of its receipt of a written request from the Board, the Recipient shall deliver to the Board, upon request, (i) copies of all agreements or documents relating to the Project, (ii) copies of all invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all unpaid bills for labor and materials in connection with the Project, (iv) budgets and revisions showing estimated Project costs and funds required at any given time to complete and pay for the Project. 4.6 COST VARIATION In the event that the total Project cost is less than the amount specified in the Agreement, Exhibit C, Program Description and Budget, the CAT participation shall be reduced by the same ratio as the CAT funds to the total amount spent to complete the Project. Any disbursed excess above the reduced CAT participation amount shall be returned immediately to the Board. Example: Ifthe total amount spent to complete the project is less that the total project cost specified in Exhibit C of the CAT Agreement,the percentage of the CAT Award as it relates to the total amount spent to complete the project is calculated. This percentage is then taken times the original amount of the CAT Award, and the resulting amount is what must be returned. Funded numbers from Exhibit C of the CAT Agreement • The funded project had a total project cost listed in Exhibit C of$1,000,000 • The funded project had a total CAT allocation listed in Exhibit C of$200,000 • The funded project had a total local contribution listed in Exhibit C of$800,000 Completed project numbers • The project,when completed had a total cost of$900,000 Calculation of the amount to be returned • The CAT award($200,000)is 22.22%of the completed project total($900,000) • $44,440(22.22%)of the CAT award($200,000)listed in Exhibit C must be returned to the Board 4.7 PRIOR COSTS No expenditures made prior to the Effective Date may be included as Project costs for the purposes of this Agreement. 4.8 DISBURSEMENT OF LESS THAN THE TOTAL AWARD AMOUNT If substantial progress toward work activities as specified in the Agreement, Exhibit C - Program Description and Budget, has not been made within one hundred eighty (180) days of the Effective Date of this Agreement, then the Board shall be under no obligation for further disbursement. The Recipient shall be obligated to the extent of award proceeds received prior to that date. 6 CAT Grant agreement CAT Agreement Number: 07-CAT-035,City of Waterloo and Waterloo Development Corporation ARTICLE 5 CONDITIONS TO DISBURSEMENT AND DISBURSEMENT OF FUNDS 5.1 CONDITIONS TO DISBURSEMENT. The following conditions shall be met before the Board disburses funds to Recipient: (a) AGREEMENT EXECUTED This Grant Agreement shall have been properly executed and returned to the Board within forty-five (45) days of the Board's transmittal of the final Agreement to Recipient. (b) BINDING FINANCIAL COMMITMENTS Recipient shall obtain, to the satisfaction of the Board, all other legally binding financial commitments necessary to complete the Project. Failure to secure and submit documentation of such commitments to the Board within ninetyof 90( ) days y the Effective Date of this Agreement shal l 11 be grounds for termination of this Agreement. (i) The project will contain all components originally proposed in the application. (ii) The award is contingent on the completion of all of the remaining fundraising within 90 days of the contract effective date. (iii) The award shall be made available over two fiscal years as follows: $500,000 will be made available in fiscal year 2007 and $500,000 will be made available in fiscal year 2008. (iv) The City will maintain the ownership and use of the project as proposed for no less than five years from the project completion date. (v) The award shall be made pursuant to contingencies outlined in a contract approved by all parties. 7 CAT Grant agreement • CAT Agreement Number:07-CAT-035,City of Waterloo and Waterloo Development Corporation (c) SUBMISSION OF RECIPIENT DOCUMENTATION Prior to making any payment on the Grant, Recipient shall have submitted the following documents to the Board: For the City of Waterloo: (i)A resolution of the City authorizing the execution and delivery by the City of this Agreement and such other documents as the Board or the Board's legal counsel may reasonably request, and specifying the officer(s)authorized to execute the Agreement and such other documents that are necessary to bind the City. (ii)Evidence, acceptable to the Board or the Board's legal counsel, of all other funding sources that have been committed to this Project. (iii) Complete / submit form "W-9, Request for taxpayer identification number and certification." For Waterloo Development Corporation: (i) Certified copies of Recipient's Articles of Incorporation and By-Laws. (ii)A Certificate of Incumbency naming the Recipient's current officers and directors. (iii)A Resolution of the Recipient's Board of Directors authorizing the execution and delivery by the Recipient of this Agreement and such other papers as the Vision Iowa Board or the Vision Iowa Board's legal counsel may reasonably request; and specifying the officer(s) authorized to execute the Agreement and such other documents that are necessary on Recipient's behalf. (iv)Documentation of satisfactory credit history of Recipient with no outstanding judgments or unsatisfied liens. (v)A certificate of good standing issued by the Iowa Secretary of State confirming that the Recipient is an Iowa nonprofit corporation in good standing. (vi)Documentation satisfactory to the Board confirming Recipient's non-profit status. (vii) Evidence, acceptable to the Vision Iowa Board or the Vision Iowa Board's legal counsel, of all other funding sources that have been committed to this Project. (viii) Complete / submit form "W-9, Request for taxpayer identification number and certification. 8 CAT Grant agreement CAT Agreement Number: 07-CAT-035,City of Waterloo and Waterloo Development Corporation 5.2 DISBURSEMENT OF FUNDS (a) All disbursements of proceeds shall be subject to receipt by the Board of requests for disbursement submitted by the Recipient. Requests for disbursement shall be in form and content acceptable to the Board. Recipient or their designee shall request disbursement by submitting the request form provided by the Board (as the same may be modified from time to time by the Board) to the Board or its designee itemizing Recipient's total actual allowable expenses, if any. Expenses shall be documented in a manner acceptable to the Board or its designee. The Board or its designee will review the request and, if acceptable to the Board or its designee, will make the appropriate disbursement from the Community Attraction and Tourism Fund. The disbursement authorized by the Board or its designee will be limited to a pro-rata portion of the Recipient's allowable expenses for the relevant period. Recipients shall notify the Board within thirty (30) days if the estimated value of the Project changes by more than five percent(5%). Upon notice of change in the estimated value of the Project, the Board may exercise its discretion to adjust the disbursement ratio accordingly. (b) METHOD OF PAYMENT Prior to disbursement, the Recipient shall specify the account to receive the funds. Community Attraction and Tourism Grant Funds shall be maintained in a segregated account and shall not be commingled with other funds. (c) SUSPENSION OF DISBURSEMENT Upon the occurrence of an event of default (as defined in this Agreement)by the Recipient,the Board or its designee may suspend payments to the Recipient until such time as the default has been cured to the Board's satisfaction. Notwithstanding anything to the contrary in this Agreement, upon a termination of this Agreement on account of an event of default by the Recipient, Recipient will no longer have the right to receive any disbursements after the effective date of default. (d) INVESTMENT OF GRANT FUNDS In the event that the grant funds are not immediately utilized, temporarily idle grant funds held by the Recipient may be invested provided such investments shall be in accordance with State law, including but not limited to the provisions of Iowa Code chapter 12C concerning the deposit of public funds. Interest accrued on temporarily idle grant funds held by the Recipient shall be credited to and expended on the Project prior to the expenditure of other grant proceeds. All proceeds remaining, including accrued interest, after all allowable Project costs have been paid or obligated shall be returned to the Board within thirty (30) days after the Project Completion Date. Within ten (10) days of receipt of a written request from the Board, Recipient shall inform the Board in writing of the amount of unexpended grant funds in the Recipient's possession or under the Recipient's control, whether in the form of cash on hand, investments, or otherwise. 9 CAT Grant agreement CAT Agreement Number: 07-CAT-035,City of Waterloo and Waterloo Development Corporation ARTICLE 6 REPRESENTATIONS AND WARRANTIES OF RECIPIENT To induce the Board to make the Award referred to in this Agreement, the Recipient represents, covenants, and warrants that: 6.1 AUTHORITY The Recipient is duly organized and validly existing under the laws of the State and is in good standing, and has complied with all applicable laws of the State of Iowa. The Recipient is duly authorized and empowered to execute and deliver this Agreement. All action on the part of the Recipient, such as appropriate resolution of their governing body for the execution and delivery of the Agreement, has been effectively taken. 6.2 FINANCIAL INFORMATION All financial statements and related materials concerning the Recipient and the Project provided to the Board are true and correct in all material respects and completely and accurately represent the subject matter thereof as of the effective date of the statements and related materials, and no material adverse change has occurred since that date. 6.3 APPLICATION The contents of the CAT Application submitted by the Recipient to the Board for CAT funding is a complete and accurate representation of the Recipient and the Project as of the date of submission and there has been no material adverse change in the organization, operation, Recipient prospects, fixed properties, key personnel or Project plan of the Recipient since the date the Recipient submitted the CAT Application to the Board. 6.4 CLAIMS AND PROCEEDINGS There are no actions, lawsuits or proceedings pending or, to the knowledge of the Recipient, threatened against the Recipient affecting in any manner whatsoever their right to execute the Agreement or the ability of the Recipient to make the payments required under the Agreement, or to otherwise comply with the obligations of the Recipient contained under the Agreement. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative authority pending or, to the knowledge of the Recipient,threatened against or affecting the Recipient or the Project. 10 CAT Grant agreement CAT Agreement Number: 07-CAT-035, City of Waterloo and Waterloo Development Corporation 6.5 EFFECTIVE DATE The covenants, warranties and representations of this Article are made as of the date of this Agreement and shall be deemed to be renewed and restated by the Recipient at the time of each advance or request for disbursement of funds. 6.6 PROJECT VALUE Based on all information known or that should be known by the Recipients, the estimated value of the Project is Four Million, Five Hundred Forty Thousand, Nine Hundred Seventeen Dollars ($4,540,917). Recipient shall notify the Board within thirty days (30) if the estimated value of the Project changes by more than five percent (5%). 11 CAT Grant ageement CAT Agreement Number:07-CAT-035,City of Waterloo and Waterloo Development Corporation ARTICLE 7 COVENANTS OF RECIPIENT 7.1 AFFIRMATIVE COVENANTS. Until the terms of this Agreement are fulfilled, the Recipient covenants to the Board that: (a) PROJECT WORK; OPERATION AND MAINTENANCE The Recipient shall complete the Project by February 28, 2009 November 30, 2009 September 30, 2011. For the purposes of this section "complete" means the Project is fully constructed and operational at a level acceptable to the Board. For the duration of this Agreement, the Recipient shall operate and maintain the Project facilities at a level acceptable to the Board. (b) ACCOUNTING RECORDS The Recipient is required to maintain its books,records and all other evidence pertaining to this Agreement in accordance with generally accepted accounting principles and such other procedures specified by the Board. These records shall be available to the Board, its internal or external auditors, the Iowa Department of Economic Development, the Auditor of the State of Iowa, the Treasurer of the State of Iowa, the Attorney General of the State of Iowa and the Iowa Division of Criminal Investigations at all times during the Agreement's duration and any extension thereof, and for three (3) full years from the expiration date. (c) DOCUMENTATION Within 10 days of its receipt of a written request from the Board, the Recipient shall deliver to the Board, upon request, (i) copies of all agreements or documents relating to the Project, (ii) copies of all invoices, receipts, statements or vouchers relating to the Project, (iii) a list of all unpaid bills for labor and materials in connection with the Project, (iv) budgets and revisions showing estimated Project costs and funds required at any • given time to complete and pay for the Project. (d)NOTICE OF PROCEEDINGS The Recipient shall promptly notify Board of the initiation of any claims,lawsuits,bankruptcy proceedings or other proceedings brought against the Recipient which would adversely impact the Project. 12 CAT Grant agreement CAT Agreement Number:07-CAT-035,City of Waterloo and Waterloo Development Corporation (e) REPORTS The Recipient shall prepare, sign and submit the requests and reports as specified below in the form and content specified by the Board. The Recipient shall review all reimbursement requests and verify that claimed expenditures are allowable costs. The Recipient shall maintain documentation adequate to support the claimed costs. (i) Recipient shall submit its annual audited financial statements. If required by the Board, Recipient shall submit more frequent financial statements such as an income, expense, and retained earnings statement covering the period having elapsed from the date of the last prior submission and a balance sheet which is not more than thirty (30) days old. Year-end statements must be certified by a Certified Public Accountant (CPA) and must be received by the Board within two hundred seventy (270) days following the Recipient's fiscal year end. (ii) Recipient shall submit to the Board Final Performance, and Audit Reports within sixty (60) days after the date on which the Project is first permanently open to the public. The Board reserves the right to require more frequent submission of any of the above reports if, in the opinion of the Board, more frequent submissions would help improve the Recipient's Project performance. (f) NOTICE OF RECIPIENT CHANGES The Recipient shall provide prompt advance notice to the Board of any proposed change in the Recipient's ownership, structure, or control that would materially affect the Project. (g) NOTICE OF MEETINGS The Recipient shall notify the Board at least ten (10) working days in advance of all meetings of its governing body at which the subject matter of this Agreement or Project is proposed to be discussed. The Recipient shall provide the Board with copies of the agenda and minutes of such meetings and expressly agrees that a representative of the Board has a right to attend any and all such meetings for the purposes of the discussion of this Project. 13 CAT Grant agreement CAT Agreement Number:07-CAT-03 5,City of Waterloo and Waterloo Development Corporation (h) INDEMNIFICATION The Recipient shall indemnify, defend and hold harmless the Board, the State of Iowa, its departments, divisions, agencies, sections, commissions, officers, employees and agents from and against all losses, liabilities, penalties, fines, damages and claims (including taxes), and all related costs and expenses (including reasonable attorneys' fees and disbursements and costs of investigation, litigation, settlement, judgments, interest and penalties), arising from or in connection with any of the following: (i) Any claim, demand, action, citation or legal proceeding arising out of or resulting from the Project; (ii) Any claim, demand, action,citation or legal proceeding arising out of or resulting from a breach by the Recipients of any representation or warranty made by the Recipient in the Agreement; (iii) Any claim, demand, action, citation or legal proceeding arising out of or related to occurrences that the Recipient is required to insure against as provided for in this Agreement; and (iv) Any claim, demand, action, citation or legal proceeding which results from an act or omission of the Recipient or any of their agents in its or their capacity as an employer of a person. (i)PROJECT FEES. The Recipient shall promptly pay all appraisal, survey, recording, title, license, permit and other fees and expenses incurred incident to the project funded by this Agreement. (j) INTEREST AND SURPLUS PROCEEDS. The Recipient shall return all unexpended Grant proceeds and interest accrued on Grant proceeds to the Board within thirty (30) days after the Project Completion Date. 7.2 NEGATIVE COVENANTS. Throughout the terms of this Agreement,the Recipient shall not, without prior written disclosure to the Board and prior written consent of the Board (unless Board prior approval is expressly waived below), directly or indirectly: (a)•RECIPIENT'S INTEREST Assign, waive or transfer any of Recipient's rights, powers,duties or obligations under this Agreement. (b) PROPERTY/COLLATERAL Sell, transfer, convey, assign, encumber or otherwise dispose of any of the real property or the Project. 14 CAT Grant agreement CAT Agreement Number: 07-CAT-03 5, City of Waterloo and Waterloo Development Corporation (c) RESTRICTIONS Place or permit any restrictions, covenants or any similar limitations on the real property or the Project. (d) REMOVAL OF PROJECT PROPERTY Remove from the Project site or the State all or any part of the Project property. (e) RECIPIENT OWNERSHIP Materially change in the ownership, structure, or control of the Recipient affecting the Project, including but not limited to, entering into any merger or consolidation with any person, firm or corporation_ or permitting substantial distribution, liquidation or other disposal of Recipient assets directly associated with the Project. Changes in the Recipient's ownership, structure or control which do not materially affect the Project shall require forty-five (45) days prior written notice of the Board, but not written consent of, the Board. The materiality of the change and whether or not the change affects the Project shall be determined by the Board. (f) RECIPIENT OPERATION Materially change the scope or use of the Project or the nature of the business and activities being conducted, or proposed to be conducted by Recipient, as described in the Recipient's approved application for CAT funding, Exhibit A of this Agreement, unless approved in writing by the Board prior to the change. (g) PROGRAM INCOME Retain program income from the Project except as permitted in the Implementation Plan submitted by the Recipient and approved by the Board. 15 CAT Grant agreement CAT Agreement Number: 07-CAT-035, City of Waterloo and Waterloo Development Corporation ARTICLE 8 DEFAULT; REMEDIES; AND TERMINATION 8.1 NOTICE OF EVENT(S) OF DEFAULT The Recipient shall promptly notify the Board upon becoming aware of an actual or imminent Event of Default by Recipient. 8.2 EVENT(S) OF DEFAULT Each of the following shall constitute an Event of Default under this Agreement: (a) MATERIAL MISREPRESENTATION If at any time any representation, warranty or statement made or furnished to the Board by, or on behalf of,the Recipient in connection with this Agreement or to induce the Board to make a Grant to the Recipient on behalf of the Recipient shall be determined by the Board to be incorrect, false, misleading or erroneous in any material respect when made or furnished and shall not have been remedied to the Board's satisfaction within thirty(30) days after written notice by the Board is given to the Recipient. (b) NONCOMPLIANCE If there is a failure by the Recipient to comply with any of the covenants, terms or conditions contained in this Agreement or documents executed pursuant to this Agreement. (c) FAILURE TO COMPLETE PROJECT If the Project, in the sole judgment of the Board, is not completed on or before the Project Completion Date. For the purposes of this section, "completed" means the Project is fully constructed and operational. (d) FAILURE TO OPERATE AND MAINTAIN If the Recipient fails to operate and maintain the Project facilities for the duration of this Agreement. (e) RECIPIENT CHANGES If there is a material change in the Recipient's ownership, structure, or control that occurs without the prior written disclosure to and if required, written permission of the Board. (f) MISSPENDING If the Recipient expends Loan/Forgivable Loan or Grant proceeds for purposes not described in the CAT Application, as approved by Board, Exhibit A, and Exhibit C,Program Description and Budget. 16 CAT Grant agreement • CAT Agreement Number: 07-CAT-035,City of Waterloo and Waterloo Development Corporation (g) INSOLVENCY OR BANKRUPTCY If the Recipient becomes insolvent or bankrupt, or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or the Recipient applies for or consents to the appointment of a trustee or receiver for the Recipient or for the major part of its property; or if a trustee or receiver is appointed for the Recipient or for all or a substantial part of the assets of the Recipient and the order of such appointment is not discharged, vacated or stayed within sixty (60) days after such appointment; or if bankruptcy, reorganization, arrangement, insolvency, or liquidation proceedings or other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by or against the Recipient and, if instituted against the Recipient , is consented to, or, if contested by the Recipient is not dismissed by the adverse parties or by an order, decree or judgment within sixty(60) days after such institution. (h) INSURANCE If loss, theft, damage or destruction of any substantial portion of the Project property occurs for which there is either no insurance coverage or for which, in the opinion of the Board, there is insufficient insurance coverage. (i) INSECURITY If the Board shall deem itself insecure in good faith and reasonably believes, after consideration of all the facts and circumstances then existing, that the prospect of payment and satisfaction of the obligations under this Agreement, or the performance of or observance of the covenants in this Agreement, or the value of its collateral is or will be materially impaired. (j) CONVEYANCE OF RESPONSIBILITIES If Recipient assigns, waives or transfers any of Recipient's rights, powers, duties or obligations under this Agreement, without written permission of the Board. (k) CONVEYANCE OF PROPERTY If Recipient sells, transfers,-conveys, assigns, encumbers or otherwise dispose of any real property of the Project without written permission of the Board. 8.4 NOTICE OF DEFAULT The Board shall issue a written notice of default providing therein a thirty (30) day period in which the Recipient shall have an opportunity to cure, provided that cure is possible and feasible. 8.5 REMEDIES UPON DEFAULT Upon the happening of any Event of Default, the Board shall have the right to terminate this Agreement and to require immediate repayment of the full amount of funds disbursed to the Recipient under this Agreement plus interest at the rate of ten percent (10%) per annum without presentment, demand, protest, notice of protest, notice of intention to accelerate or other notice of any kind, all of which are expressly waived by the Recipient. 17 CAT Grant agreement CAT Agreement Number:07-CAT-035,City of Waterloo and Waterloo Development Corporation 8.6 TERMINATION FOR CONVENIENCE In addition to termination due to an Event of Default or nonappropriation of CAT funds, this Agreement may be terminated in whole, or in part, when the Board and the Recipient agree that the continuation of the Project would not produce beneficial results commensurate with the future disbursement of funds. 8.7 PROCEDURE UPON TERMINATION If this Agreement is terminated for convenience, an Event of Default or nonappropriation of CAT funds, disbursements shall be allowed for costs up to the date of termination determined by the Board to be in compliance with this Agreement. The Recipient shall return to the Board all unencumbered Grant proceeds within one (1)week of receipt of Notice of Termination. Any costs previously paid by the Board which are subsequently determined to be unallowable through audit procedures shall be returned to the Board within thirty (30) days of the disallowance. 18 CAT Grant agreement Ili CAT Agreement Number:07-CAT-035, City of Waterloo and Waterloo Development Corporation ARTICLE 9 GENERAL TERMS AND PROVISIONS 9.1 BINDING EFFECT This Agreement shall be binding upon and shall inure to the benefit of the Board and Recipient and their respective heirs, successors, legal representatives and assigns. The obligations, covenants, warranties, acknowledgments, waivers, agreements, terms, provisions and conditions of this Agreement shall be jointly and severally enforceable against the parties to this Agreement. 9.2 TIMELY PERFORMANCE The parties agree that the dates and time periods specified in this Agreement are of the essence to the satisfactory performance of this Agreement. 9.3 VISION IOWA RECOGNITION The Project shall permanently recognize, in a manner acceptable to the Board, the financial contribution to the Project made by the State of Iowa through the Community Attraction and Tourism Program. 9.4 COMPLIANCE WITH LAWS AND REGULATIONS (a) The Recipient shall comply with all applicable State and federal laws, rules, ordinances, regulations and orders. The Recipient shall comply with Board's administrative rules for the CAT Program which are located at 261 Iowa Administrative Code, Chapter211. (b) The Recipient shall comply with all applicable federal, state, and local laws, rules, ordinances, regulations and orders when performing within the scope of this Agreement, including without limitation, all laws applicable to the prevention of discrimination in employment, the administrative rules of the Iowa Department of Management or the Iowa Civil Rights Commission which pertain to equal employment opportunity and affirmative action, laws relating to prevailing wages, occupational safety and health standards, prevention of discrimination in employment, payment of taxes, gift laws, lobbying laws, and laws relating to the use of targeted small businesses as contractors or suppliers. (c) The Recipient declares that it has complied or will comply, in a timely fashion, with all federal, state and local laws regarding permits, licenses, and clearances that may be required to carry out the Project. (d) As required by Iowa Code section 15F.106, the Recipient shall provide and pay at least fifty percent of the costs of a standard medical insurance plan for all full-time employees working at the Project after the completion of the Project. 19 CAT Grant agreement CAT Agreement Number: 07-CAT-03 5,City of Waterloo and Waterloo Development Corporation (e) The Board may consider the failure of the Recipient to comply with any law or regulation as a material breach of this Agreement. In addition, the Recipient may be declared ineligible for future Community Attraction and Tourism Program assistance or be subjected to other sanctions,as defined by law, for failure to comply with this section. 9.5 SURVIVAL OF AGREEMENT Each provision of this Agreement shall be deemed to be severable from all other provisions of the Agreement and, if one or more of the provisions of the Agreement shall be declared invalid, the remaining provisions of the Agreement shall remain in full force and effect. 9.6 CHOICE OF LAW AND FORUM The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Agreement without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature is commenced in connection with this Agreement, the proceeding shall be brought in Des Moines, Iowa, in Polk County District Court for the State of Iowa, if such court has jurisdiction. If however, such court lacks jurisdiction and jurisdiction lies only in a United States District Court, the matter shall be commenced in the United States District Court for the Southern District of Iowa, Central Division. This provision shall not be construed as waiving any immunity to suit or liability, in state or federal court, which may be available to the Vision Iowa Board, the State of Iowa or their Board members, officers, employees or agents. 9.7 MODIFICATION Neither this Agreement nor any documents incorporated by reference in connection with this Agreement may be changed, waived, discharged or terminated orally, but only as provided below: (a)WRITING REQUIRED The Agreement may only be amended through written prior approval' of the Board. Examples of situations where amendments are required include extensions for completion of Project activities, changes to the Project including, but not limited to, alteration of existing approved activities or inclusion of new activities. (b) BOARD REVIEW The Board will consider whether an amendment request is so substantial as to necessitate reevaluating the Board's original funding decision on the Project. An amendment will be denied by the Board if it substantially alters the circumstances under which the Project funding was originally approved or if it does not meet requirements set forth in Iowa Code chapter 15F or 261 Iowa Administrative Code, Chapter 211. 20 CAT Grant agreement CAT Agreement Number: 07-CAT-035,City of Waterloo and Waterloo Development Corporation 9.8 NOTICES Whenever this Agreement requires or permits any notice or written request by one party to another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other address as may have been designated by written notice), properly stamped, sealed and deposited in the United States Mail. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or three (3) days after posting. The Board may rely on the addresses of the Recipient as set forth heretofore. 9.9 WAIVERS No waiver by the Board of any default hereunder shall operate as a waiver of any other default or of the same default on any future occasion. No delay on the part of the Board in exercising any right or remedy hereunder shall operate as a waiver thereof No single or partial exercise of any right or remedy by the Board shall preclude future exercise thereof or the exercise of any other right or remedy. 9.10 LIMITATION It is agreed by the Recipient that the Board shall not, under any circumstances, be obligated financially under this Agreement except to disburse funds according to the terms of the Agreement. 9.11 ENFORCEMENT EXPENSES The Recipient shall pay upondemand anyand all reasonable fees and expenses relating to this project of the Board, including the fees and expenses of their attorneys,experts and agents, in connection with the exercise or enforcement of any of the rights of the Board under the Agreement. 9.12 HEADINGS The headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Agreement. 21 CAT Grant agreement CAT Agreement Number: 07-CAT-035,City of Waterloo and Waterloo Development Corporation 9.13 EVENT OF BOARD DISSOLUTION Recipient hereby acknowledges that the Vision Iowa Board is a public instrumentality of the State of Iowa and that, in the event that the Board is dissolved for any reason, the State of Iowa is entitled to enforce any right, title or interest held by the Board and that all Recipient's obligations hereunder are also owed to the State of Iowa. 9.14 FINAL AUTHORITY The Board shall have the final authority to assess whether the Recipient has complied with the terms of this Agreement. The Board's decision shall be final. and binding on all questions concerning the interpretation of this Agreement. 9.15 INTEGRATION This Agreement contains the entire understanding between the Recipient and the Board relating to this Project and any representations that may have been made before or after the signing of this Agreement, which are not contained herein, are nonbinding, void and of no effect.None of the Parties have relied on any such prior representation in entering into this Agreement. 9.16 COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. 22 CAT Grant agreement CAT Agreement Number: 07-CAT-035,City of Waterloo and Waterloo Development Corporation 9.17 DOCUMENTS INCORPORATED BY REFERENCE The following documents are hereby incorporated by reference: (a) Exhibit A, CAT Application, as approved by the Vision Iowa Board. Due to its size Exhibit A will not be attached to this Agreement, but will be kept on file at the Iowa Department of Economic Development. (b)Exhibit B, Vision Iowa Board Award Letter. (c)Exhibit C,Program Description and Budget. 9.18 ORDER OF PRIORITY In the event of a conflict between documents, the follow order or priority shall be applied: (a)Articles 1-9 of this Grant Agreement. (b)Exhibit C, Program Description and Budget. (c) Exhibit B, Board Award Letter. (d)Exhibit A, CAT Application as approved by Board. IN WITNESS WHEREOF in consideration of the mutual covenants set forth above and for other good and valuable consideration, the receipt, adequacy and legal sufficiency of which are hereby acknowledged, the parties have entered into the above Agreement and have caused their duly authorized representatives to execute this Agreement, effective as of the Effective Date first stated.. FOR THE VISION IOWA BOARD: BY: Regenia D. Bailey, Chairwoman FOR RECIPIENT: BY: Ernest G. Clark, Mayor, City of Waterloo BY: Daniel Wafters, President, Waterloo Development Corporation 23 CAT Grant agreement CAT Agreement Number:07-CAT-035,City of Waterloo and Waterloo Development Corporation LIST OF EXHIBITS Exhibit A CAT Application, as approved by Board(on file with IDED) Exhibit B Vision Iowa Board Award Letter Exhibit C Program Description and Budget 24 CAT Grant agreement • C 4� s OWA changing' February 20, 2007 rn A 1E The Honorable Tim Hurley The City of Waterloo 715 Mulberry Street Waterloo, IA 50703-5783 Daniel Watters, President Waterloo Development Corporation 10 West 4th St. Waterloo, IA 50701 RE: CAT Award — RiverLoop Expo Dear Mayor Hurley and Mr. Watters: We are pleased to inform you that the Vision Iowa Board intends to award to the City of Waterloo and the Waterloo Development Corporation a Community Attraction & Tourism (CAT) grant of $1,000,000 on behalf of the RiverLoop Expo Project. The RiverLoop Expo includes the development of an exposition area in downtown Waterloo and the renovation of an existing building into a Public Market. The exposition area will stretch across two city blocks and include artistic displays of colored concrete and brick pavers surrounded by unique lampposts, signs and planters, along with hundreds of perennial and annual flower displays. The RiverLoop Expo will be used by dozens of organizations for a variety of outdoor exposition events. The Public Market will allow for year- round markets with the sale of meats, vegetables, breads, arts and crafts, and other products. The total project cost for this project is $4,772,917. The award, made by the Vision Iowa board on February 14, 2007, includes the following provisions: ® The project will contain all components originally proposed in the application. ® The award is contingent on the completion of all of the remaining fundraising within 90 days of the contract effective date. ® The award shall be made available over two fiscal years as follows: $500,000 will be made available in fiscal year 2007,and $500,000 will be made available in fiscal year 2008. ® The City will maintain the ownership and use of the project as proposed for no less than five years from the project completion date. ® The award shall be made pursuant to contingencies outlined in a contract approved by all parties. IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT nnn nog FfRna II.CO r>f Phnno•51F 947.47nn 0 Fax!515.242.4809 e www.iowalifechanninn.com Should you have any questions, please call Alaina Dierickx at the Department of Economic Development at 515-242-4827. She will be sending you the contract, and necessary reporting forms for your award, and will be available to answer questions you may have regarding your award. Congratulations on receiving this CAT award! Sincerely, A�idre Anderson Vision Iowa Board Chair /ard cc: Senator Jeff Danielson Senator Bill Dotzler Representative Doris Kelley Representative Tami Wiencek Representative Deborah Berry • COMMUNITY ATTRACTION AND TOURISM DEVELOPMENT PROGRAM DESCRIPTION AND BUDGET EXHIBIT "C" • Name of Recipient: City of Waterloo &Waterloo Development Corporation DATE: February 14,2007 Agreement Number: 07-CAT-035 AMOl1NT UDGET€D PROJ€CT DESCRIPTION; PEltFORMAfJGE TARGET; CATD LOCAL TOTAL Activity 1 The RiverLoop Expo includes the development of an exposition area in downtown Waterloo and the renovation of an existing building into a Public Market.The exposition area will stretch across two city blocks and will! $1,000,000 $3,540,917 $4,540,917 include artistic displays of colored concrete and brick pavers surrounded by unique lampposts,signs and planters,along with hundreds of perennial and annual flower displays.The RiverLoop Expo will be used by dozens of organizations for a variety of outdoor exposition events.The Public Market will allow for year-round markets with the sale of meats,vegetables, breads,arts and crafts,and other products. Activity 2: Activity 3: Activity 4: Activity 5: • Activity 6: Related Matching Resources TOTAL AMOUNT OF ALL FUNDS BUDGETED: $1,000,000 $3,540,917 $4,540,917 CATDExhibitD.xls Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 . RESOLUTION NO. 2011-518 RESOLUTION APPROVING AMENDMENT NO. 2 TO COMMUNITY ATTRACTION AND TOURISM PROGRAM (CAT) GRANT AGREEMENT 07-CAT-035 WITH VISION IOWA BOARD AND WATERLOO DEVELOPMENT CORPORATION AND DIRECTING EXECUTION OF SAID AMENDMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that Amendment No. 2 to Community Attraction and Tourism Program (CAT) Grant Agreement 07-CAT-035 dated June 13, 2011, to extend the completion date for the Riverloop Expo project to September 30, 2011, by and between the Vision Iowa Board, Waterloo Development Corporation 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 13th day of June, 2011 . Ernest G. Clar , Mayor ATTEST: uzy Sc es, CMC City Clerk Ii CITY OF WATERLOO Council Communication City Council Meeting: Tune 13, 2011 Prepared: June 3, 2011 Dept. Head Signature: # of Attachments: (3 )28E Agreements SUBJECT: 28 E Agreements Submitted by: Pat Treloar, Chief of Fire Services Recommended City Council Action: Accept and sign (3) 28 E Agreements between the City of Waterloo with East Waterloo Township (East Waterloo), Cedar Township and Elk Run Heights. Summary Statement: Waterloo Fire Rescue is requesting that the Council approve the annual renewal of the attached 28 E Agreements. These agreements are for fire and emergency medical response with townships that surround the City of Waterloo. Expenditure Required: Source of Funds: Revenue Line Item: 010-12-1400.3413-Township Protection Policy Issue Alternative Background Information: Waterloo Fire Rescue has been in agreements with these entities to extend the jurisdiction of Waterloo Fire for fire and ambulance purposes and hazardous materials response by the Northeast Iowa Response Group for many years. The attached agreement will be in effect July 1, 2011 through June 30, 2012. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-519 RESOLUTION APPROVING 28E AGREEMENTS WITH EAST WATERLOO TOWNSHIP, CEDAR TOWNSHIP, AND THE CITY OF ELK RUN HEIGHTS AND DIRECTING EXECUTION OF SAID 28E AGREEMENTS BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the 28E Agreements dated June 13, 2011, to provide fire and ambulance services for the period July 1, 2011 to June 30, 2012, by and between East Waterloo Township, Cedar Township, the City of Elk Run Heights 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 13th day of June, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sc ar s, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: tune 13, 2011 Prepa 2011 Dept. tune 7, Dept. Head Signature: # of Attachments: SUBJECT: Recommendation-Award of Bid to Logan Contractor Supply Inc, Des Moines, IA, for one (1) Crafco EZ Series II Trailer Mounted Crack Sealer in the amount of $36,593.50 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: Recommendation -Award of Bid to Logan Contractor Supply, Des Moines, IA Expenditure Required: $36,593.50 Source of Funds: 410-19-7100-2117 Policy Issue: N/A Alternative: N/A Background Information: Four bids were received for this purchase. Bids received were: Star Equip Co Waterloo, IA Cimline Matrix $32,004 Did not Meet Spec Cimline Magma $39,696 Cimline Metro 275 $46,620 Logan Cont Supply Des Moines, IA Crafco EZ Series II 1000 $36,593.50 Accepted It is my recommendation that the bid from Logan Contractor Supply, Des Moines, IA, in the amount of$36,593.50 be accepted. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 . RESOLUTION NO. 2011-520 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF BID TO LOGAN CONTRACTOR SUPPLY INC. OF DES MOINES, IOWA, IN CONJUNCTION WITH THE PURCHASE OF ONE (1) CURRENT MODEL YEAR TRAILER MOUNTED CRACK SEALER UNIT WITH HEATED WAND, IN THE AMOUNT OF $36, 593 . 50 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Logan Contractor Supply Inc. of Des Moines, Iowa, in the amount of $36, 593 . 50, in conjunction with the purchase of one (1) Current Model Year Trailer Mounted Crack Sealer Unit with Heated Wand described in the specifications heretofore adopted by this Council for said project with Resolution No. 2011-479, after public hearing on June 6, 2011 on published notice required by law, be and is hereby accepted. PASSED AND ADOPTED this 13th day of June, 2011 . Ernest/ Mayor ATTEST: uzy Sc r s, CMC City Cler • CITY OF WATERLOO Council Communication City Council Meeting: June 13, 2011 Prepared: June 3, 2011 ,00t voisi Dept. Head Signature: Daniel J. Trelka i'= # of Attachments: 6 SUBJECT: MEMORANDUM OF UNDERSTANDING FOR CONSOLIDATED LAW ENFORCEMENT LABORATORY BETWEEN BLACK HAWK COUNTY&CITY OF WATERLOO Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Request Council approval to allow Mayor Clark and City Clerk Suzy Schares to sign the Memorandum of Understanding for Consolidated Law Enforcement Laboratory between Black Hawk County and City of Waterloo. Summary Statement: Black Hawk County and the City of Waterloo desire to establish a consolidated law enforcement laboratory for service to the Black Hawk County Sheriffs Office and the City of Waterloo Department of Safety Services for the purpose of serving in the investigation and examination of evidence and associated services regarding routine law enforcement activities conducted by the parties. The "lab" shall be located in facilities provided by the City of Waterloo. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: r�- Memorandum of Understanding for Consolidated Law Enforcement Laboratory Between Black Hawk County and City of Waterloo The parties to this Memorandum of Understanding ("MOU")are Black Hawk County, Iowa (hereafter referred to as "County") and City of Waterloo, Iowa (hereafter referred to as "City"). This MOU is effective from and after the 15`day of July, 2011. Whereas,City and County are public agencies; and Whereas, City and County desire to support the cooperation and the sharing of services and personnel for the express intent of benefiting City and County taxpayers. Now, therefore,the parties mutually agree as follows: 1. Establishment of Consolidated Lab: The City and County agree to establish a consolidated law enforcement laboratory (the "Lab" or "Consolidated Lab")for service to the Black Hawk County Sheriffs Office and the City of Waterloo Department of Safety Services for the purpose of serving in the investigation and examination of evidence and associated services regarding routine law enforcement activities conducted by the parties. The Consolidated Lab shall be located in facilities provided by the City of Waterloo. It is anticipated that the Consolidated Lab shall provide services to the City and County law enforcement departments as well as other law enforcement agencies that may engage its services, as a consolidated unit with staff participating in any investigation or service requests that may be referred to the Lab without regard to jurisdictional responsibilities. 2. Resources Provided by the City: The City shall make available to the Consolidated Lab all current resources, equipment and facilities currently being used by the City for lab services. This shall include but not be limited to the items listed on Exhibit "A" attached hereto. 3. Resources Provided by the County: The County shall make available to the Consolidated Lab all current resources and equipment currently being used by the County for lab services. This shall include but not be limited to the items indicated on Exhibit "B" attached hereto. 1 4. Personnel Agreement: The parties agree that each party shall retain its own employees to staff the Consolidated Lab. Each employee who works in the Lab will remain an employee of the entity by which they are currently employed. There will be no joint employees between the parties, and each party shall compensate its own employees and maintain employee benefits pursuant to the employer/employee obligations that currently are in practice or that may be subsequently modified by the employer/employee relationship. Notwithstanding any of the foregoing, the parties intend that all personnel staffing the Lab, regardless of employer, shall provide services to each of the parties and shall do so without preference or discrimination. 5. Administration and Supervisory Roles: The parties agree that it is necessary to provide for a chain of command and supervisory roles with the operation of the Consolidated Lab. The parties agree that there shall be co-directors of the 'Consolidated Lab. The Director of Safety.Services for the City and the .Sheriff of Black Hawk County shall each appoint one individual from their own departments to serve as Co-Director of the Consolidated Lab.The parties further agree the Director of Safety Services and the Black Hawk County Sheriff shall jointly have ultimate authority over Lab procedures and policies in the event said Co-Directors do not agree as to procedures or policies. 6. Compensation and sharing of expenses: The City and County agree that each party shall be responsible for compensation of its own employees. The parties further agree that ongoing operational expenses and supplies shall be divided between the parties with consideration as to the demands being placed upon the Lab by the respective parties. The Co-Directors of the Lab shall develop a system to log the number of investigations, man hours and supplies used during the operational period of the Lab and determine on a quarterly basis the respective contributions required of each party. In the event new equipment or capital expenditures are required, the Director of Safety Services for the City and the Black Hawk County Sheriff shall meet and determine the respective contributions of each party to the capital expenditures that are required. Consideration as to the demands and usage of said equipment shall be taken in consideration in dividing the cost of said equipment. 7. Insurance and Hold Harmless: The parties shall each continue to carry general liability insurance coverage and shall name the other party as an additional insured. The City shall hold the County harmless from any claim resulting from the acts or omissions of The City's employees relating to the Lab or its activities, and the County shall hold the City harmless from any claim resulting from the acts or omissions of the County's employees relating to the Lab or its activities. 2 8. Termination of MOU: This MOU may be terminated by either party at any time and for any reason upon at least sixty (60) days advance written notice. Upon termination, the Consolidated Lab assets shall be divided between the parties, with each party retaining those supplies, equipment or resources that were contributed by that party at the beginning of the MOU term. Any supplies or equipment acquired jointly shall be divided between the parties in an equitable manner with consideration given to each party's contribution to said supplies or equipment being divided. Any equipment or supplies provided to the Consolidated Lab by grant or donation shall be disposed of equally between the parties subject to any provisions or conditions that provide for another method of disposal when the supplies or equipment were received by the Consolidated Lab by donation or grant. 9. Separate Organization: No separate organization is formed or contemplated by this MOU. 10. Notices—Correspondence &Communication: Any formal notices or communication, including notice to terminate this MOU, shall be made to the following representatives: To the City: The Director of the Department of Safety Services for the City of Waterloo, City Hall To the County: The Black Hawk County Sheriff, Sheriffs Department 11. General Terms: This MOU represents the entire agreement of the parties concerning the subject matter hereof, and it may be amended only in writing.This MOU is binding on the parties, and neither of them may assign any of its duties herunder. In Witness whereof, County and City have executed and delivered this Memorandum of Understanding by their duly authorized representatives on the date last written below: Tom Little, Chair Ernest G. Clark, Mayor Black Hawk County Board of Supervisors City of Waterloo Black Hawk County Courthouse City Hall 316 E 5th Street 715 Mulberry Street Waterloo, Iowa 50703 Waterloo, Iowa 50703 3 Attest: Grant Veeder Attest: Suzy Schares, City Clerk Date: Date: 4 EXHIBIT A • Waterloo Police Department Crime Lab Equipment 5-Nikon D200 Cameras 2-Nikon D50 Cameras 1-Large Camera Mounting System with lights 1-Epson R1800 Photo Printer 1-Epson R1900 Photo Printer 1-De1137" Flat Screen TV 1-NC 21" TV 1-JVC VHS/DVD-R Recorder/Player 1-JVC VHS Recorder/Player with Jog Function 2-Go Video VHS Recorder/Players 1-Panasonic VHS Player 1-Computer with Crime Vision Software 1-Computer with standard software and Foray Fingerprint Program 2-Omniprint Alternate Light Sources 2-Electrostatic Dust Print Lifters (1 is old) 1-Night Vision System(older) 1-Night Vision Scope (TAC usually keeps with them) 1-Sirchie Crimesite Imager 1-Fisher Fume Hood (Wall mounted) 2-Vacuum Chambers with pump 1-American Optical Microscope with Light Source 1-Scout Pro 2000g scale 1-Mettler 600 g scale 1-Set of scale weights 1-Laminator 1-Flammable Liquid Storage Cabinet 1-Sony Camcorder 2-Refrigerators 1-Microwave Miscellaneous Lab Chemicals and Supplies that are used on a daily basis. EXHIBIT B Black Hawk County Sheriff's Crime Lab Equipment 1-Dust Print Lifter 1-Flashlight/Alternate Light Source 1-Cannon EOS Camera Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703. RESOLUTION NO. 2011-521 RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING FOR A CONSOLIDATED LAW ENFORCEMENT LABORATORY WITH BLACK HAWK COUNTY AND DIRECTING EXECUTION OF SAID MEMORANDUM OF UNDERSTANDING BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Memorandum of Understanding dated June 13, 2011, to establish a Consolidated Law Enforcement Laboratory for service to the Black Hawk County Sheriff' s Office and the City of Waterloo Department of Safety Services, for the purpose of serving in the investigation and examination of evidence and associated services regarding routine law enforcement activities conducted by the parties, with the Consolidated Lab to be located in facilities provided by the City of Waterloo, by and between Black Hawk County, 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 13th day of June, 2011 . 1./(14-1-AL-31: e'd Ernest G. Clark, Mayor ATTEST: Suzy S h res, CMC City Clerk , fly CITY OF WATERLOO , IOWA pw COMMUNITY PLANNING AND DEVELOPMENT 715 M_lherry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 $retiop NOEL.C.ANDERSON,Conmiwvry Plm noa,&Development Drrec nr CITY OF WATERLOO Mayor Council Communication BUCK City Council Meeting: une 13 2011 1 ! � CLARK Prepared:June 8, 2011 'l" ' Dept.Head Signature: COUNCIL. #of Attachments:_ l MEMBERS SUBJECT:Acceptance of 1114 Jefferson Street, through Iowa Code 657A. DAVII) Submitted by: Noel Anderson JONES Ward l Recommended City Council Action:We would ask that the City Council adopt a resolution to accept CA ROLYN the property at 1114 Jefferson Street, and authorize the Mayor and City Clerk to sign and fully execute COLE any necessary documents needed for this acquisition. i3Strd 2 }f AROi n Summary Statement: The property currently contains a single family home that has been deemed GETTY dangerous and unsafe. Attached is a court order under 657A, granting the City of Waterloo title to Byrd; property located at 1114 Jefferson Street. This particular property cannot be reasonably rehabilitated therefore; it is our intentions to demolish the dangerous building immediately. QUENTIN HART After the demolition, the property would be available for sale to the adjacent property owners or other Word interested parties for a reasonable cost with the execution of a development agreement. The property is RON 30'x 140' for a total of 4,200 sq. ft. Staff believes that this area should be marketed for commercial WETTER /industrial development as it is zoned M-1 Light Industrial. Warl5 Expenditure Required:There is no cost associated with the acquisition of the property other than the BOB cost of filing for 657A with the Courts. However, asbestos removal and demolition may reach$6,000 to GREENWOOD AtLorgr $8,000 dollars. •STEVE Source of Funds:N/A SCHMFIT Ai-LargePolicy Issue: Dilapidated Housing Alternative:N/A Legal Description: See attached court order Background Information:The City of Waterloo has been working to address the state of disrepair of the property through out the city using Iowa Legislation (657A) that allows cities to take possession of dilapidated and abandoned homes. Cc:Aric Schroeder,City Planner Rudy Jones,Community Development Director Louis Starks,Contract Compliance Officer Dave Zellhoefer,Assistant City Attorney CITY Y WEBSITE: www.ci.waterloo.ia.us — WE'RE WORKING FOR YOU! ‘.`" ,,Y AiE { An Equal Opportunity/Affirmative Action Employer IN THE IOWA DISTRICT COURT FOR BLACK HAWK COUNTY CITY OF WATERLOO, IOWA, ) 42-6005327 ) ) Petitioner, ) No. EQCV 114835 fir? _ r Vs. FINAL ORDER , • TOBY EDMONDSON; LAURA EDMONSON ) aka LAURA CELESTE BENSON; ) STATE OF IOWA CHILD SUPPORT ) = RECOVERY UNIT; STATE OF IOWA; ) UNITED STATES INTERNAL REVENUE ) SERVICE; OHP11, LC; FRTL A186, LLC AND ) - o UMB BANK COLORADO NA, ) ) Respondents. ) NOW on this 27th day of May, 2011, this matter comes before the Court.as scheduled for hearing. Present is Attorney David R. Zellhoefer representing the Petiti ner, city of Waterloo, Iowa. N other attorneys or respondents appear.-- *spirt 1,�,�jr�y,, �.. `t/j44 J ITTheeCCourt notes that proof of service on all parties has been shown. The Petition and Original Notice were posted on the property located at 1114 Jefferson Street by the Black Hawk County Sheriff on December 15, 2010. Respondents Toby Edmondson, State of Iowa, United States Internal Revenue Service, OHP11, LC, and FRTL A186, LLC were served by certified mail as shown by the proof of service filed with this court April 15, 2011. Respondent Laura Edmonson was served by publication, said affidavit of publication being filed with this court May 12, 2011. No one appears to be on behalf of any Respondents, so all of them are hereby found to be in default for want of answer or appearance here today. THE COURT MAKES THE FOLLOWING FINDINGS OF FACT: 1. That 1114 Jefferson Street is legally described as: The Southeasterly %2 of Lot 3 in Block 44 in the original plat, on the Westside of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. This is a residence and not a commercial building. There are presently no utilities being provided to the property. The property is unoccupied and has been vacant for a number of years. The property does not meet the City's housing code for being fit for human habitation or occupancy. The building is presently partially boarded up, but has been exposed to the elements for an extended period of time, which has made it deteriorate substantially. There is a large presence and accumulation of debris and uncut vegetation on the property. Foundation is crumbling and the siding has been torn off in many places. 2. That because of the findings of fact made above, the Court determines that the property is an abandoned building pursuant to Section 657A.10A. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED, that the property cited above is an abandoned property pursuant to Section 657A.10A; judgment is hereby ordered in favor of the Petitioner, City of Waterloo, Iowa, and the Court hereby awards title of this property to the City of Waterloo, free and clear from any liens and encumbrances. The Clerk shall notify the Black Hawk County Auditor's Office, Assessor's Office, and Treasurer's Office, so that these offices may take note of this Order and adjust their records accordingly. Court costs shall be taxed to the Petitioner. 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Black Hawk County, Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, aterloo, Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 information required for local government purposes.See the recorded documents for more E-mail:auditor..co.black-hawk.ia.us.or, detailed le.al information. http://www2.co.black-hawk.ia.us/servlet/com.e sri.esrimap.Esrimap?ServiceName=bhov&Cl... 6/8/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 < BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-25-304 005 EDMONDSON,TOBY EDMONDSON,TOBY 316 SUNNYSIDE AV PDF No. Map Area Contract Buyer WATERLOO, IA 50701-0000 4 CWTLO-09 Property Address Current Recorded Transfer 1114 JEFFERSON ST Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50702-0000 11/6/2007 11/13/2007 2008 010206 D SALES BUILDING PERMIT Date •AmountNUTC/Type Date Number Amount Reason 3/28/20075,500 NORMAL ARMS-LENGTH 6/17/2002 IWA 0900 510 Misc TRANSACTION / Deed 9/19/20059,371 ASSIGNMENT/ASSUMPTION OF CONTRACT/ Contract 9/28/1 999 1 5,000 NORMAL ARMS-LENGTH TRANSACTION / Contract 9/1 7/1 995 5,500 NORMAL ARMS-LENGTH TRANSACTION / Contract ASSESSED VALUES/CREDITS Year Class 2011 Proposed Values Subject to Board of Review Action R 100% Land Dwelling _Building _M/E Total Acres Value 2,250 14,290 0 0 16,540 0 Taxable Land Dwelling Building M/E Total Value 2,250 14,290 0 0 16,540 Year _Class 2010 R 100% Land Dwelling Building M/E Total Acres Value 2,410 16,690 0 0 19,100 0 Taxable Land _Dwelling Building M/E Total Value 1,170 8,100 0 0 9,270 Year Class 2009 R 100% Land Dwelling Building M/E Total Acres Value 2,410 16,690 0 0 19,100 0 Taxable Land Dwelling Building M/E Total Value 1,131 7,829 0 0 8,960 Year Class 2008 R 100% Land Dwelling Building M/E Total Acres Value 2,410 16,690 0 0 19,100 0 Taxable Land Dwelling Building M/E Total Value 1,099 7,609 0 0 8,708 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDct.asp?apn=891325304005 6/8/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 TAX INFORMATION ASSESSMENT YEAR 2009 PAYABLE 2010/2011 Tax 941041 -WATERLOO RIVERFRONT UR TIF District Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 19,100 8,960 0 42.76081 $383.14 $384.00 Nocorp 0 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL ORIGINAL PLAT WATERLOO WEST SE 30 FT LOT 3 BLK 44 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front 30 30 140 140 0 4200 0.096 Foot Totals: 4200 0.096 DWELLING CHARACTERISTICS Type Style Single-Family/Owner Occupied 1 1/2 Story Frame Year Built Area Heat AC Attic 1893 528 Yes No None Total Rooms Above Total Rooms Below _Bedrooms Above •Bedrooms Below 5 0 2 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring Stn Carp/Vinyl Exterior Walls Interior Finish Asb Plas/ Panel Roof Asph /Gable Non-Base Floor/Wall Pipeless Handfired Space Heaters Heating 0 Year Built Style Area Basement(SF) No Basement (SF) Heat AC Attic Addtions 1893 1 Story Frame 264 0 0 Yes No 0 1893 1 Story Frame 168 0 0 Yes No 168 Plumbingil Full Bath 1< Porch Style Area 1S Frame Enclosed 30 GARAGES CAR PORTS Year Built Style idth Length Area Basement Qtrs Over Area AC Basement Stalls None 1915 Det Frame 12 18 216 0 None 0 0 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325304005 6/8/2011 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703. RESOLUTION NO. 2011-522 RESOLUTION ACCEPTING AND APPROVING ACQUISITION OF PROPERTY GENERALLY LOCATED AT 1114 JEFFERSON STREET IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Iowa Code Section 657A. 10A allows cities to petition the courts for possession of vacant and dilapidated homes, of which no one will take responsibility for its condition, and WHEREAS, the hereinafter described parcel contains a vacant dwelling that has been deemed dangerous and unsafe and does not meet the City of Waterloo' s Housing Code, and WHEREAS, it is the intention of the City of Waterloo to demolish the dangerous building immediately, and WHEREAS, after said demolition, the City of Waterloo will be able to offer the property to the adjacent property owners or interested parties for a reasonable cost, and WHEREAS, the Iowa District Court for Black Hawk County found that proper Notice of Intent to Take Default against several parties was properly mailed, and WHEREAS, the Iowa District Court for Black Hawk County found: 1 . That 1114 Jefferson Street, legally described as follows : The Southeasterly of Lot 3, in Block 44 in the original plat, on the Westside of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa; is a residence located in Waterloo, Black Hawk County, Iowa. There are no utilities being provided to the property. The property is unoccupied and has been vacant for a number of years. The property does not meet the City' s Housing Code for being fit for human habitation or occupancy. The building has been exposed to the elements for many years, which has made it deteriorate substantially. 2 . That because of the findings of fact made by the Iowa District Court of Black Hawk County, it was determined that the property is an abandoned building pursuant to Section 657A. 10A. WHEREAS, the Iowa District Court of Black Hawk County ordered, adjudged and decreed that the above described property is an abandoned property pursuant to Section 657A. 10A and awarded title of said property to the City of Waterloo, and Resolution No. 2011-522 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the above described property is accepted and approved for the purposes as described in Section 657A. 10A. PASSED AND ADOPTED this 13th day of June, 2011 . Zg€41 19 . al? Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cle k 1 ' _ ., liM CITY OF WATERLOO , 1OWA (/tt�1�'\.11: ,,,,,, m COMMUNITY PLANNING AND DEVELOPMENT '^""y> 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 $r@C�O p �� _ NOl"J-,C.ANDERSON,Community Pla nnng&Development The rur CITY OF WATERLOO Ma,„ Council Communication BUCK City Council Meeting: une 13 2011 ®,, CLARK Prepared: lune 8, 2011� ` if/ Dept.Head Signature: COUNCIL #of Attachments:_ 0___ MEMBERS SUBJECT:Acceptance of 135-137 University Avenue. through Iowa Code 657A. DAVID Submitted by:Noel Anderson JONES Ward I Recommended City Council Action:We would ask that the City Council adopt a resolution to accept CAROLYN the property at 135-137 University Avenue, and authorize the Mayor and City Clerk to sign and fully COLE execute any necessary documents needed for this acquisition. Ward 2 HAROI D Summary Statement: The property currently contains a vacant duplex that has been deemed dangerous GFTTY and unsafe.Attached is a court order under 657A, granting the City of Waterloo title to property located w.,,,d3 at 135-137 University Avenue. This particular property cannot be reasonably rehabilitated therefore; it is our intentions to demolish the dangerous building immediately. QUENTi N KART After the demolition, the property would be available for sale to the adjacent property owners or other Wa,d'l interested parties for a reasonable cost with the execution of a development agreement. The property RON consists of two lots each at 25'x 131'for a total of 6,550 sq. ft. Staff believes that this area should be WELPER marketed for commercial development in the future due to it's proximity to University Avenue,the area as.,ai 5 is currently zoned"R-4"Multiple Residence District.The "R-4" District does also allow for professional office type businesses. BOB GREENWOOD 1.l.r>t Expenditure Required:There is no cost associated with the acquisition of the property other than the cost of filing for 657A with the Courts. However, asbestos removal and demolition may reach$6,000 to STEVE $8,000 dollars. SCHMITT. Al l ng`' Source of Funds:N/A Policy Issue:Dilapidated Housing Alternative:N/A Legal Description:See attached court order Background Information:The City of Waterloo has been working to address the state of disrepair of the property through out the city using Iowa Legislation (657A) that allows cities to take possession of dilapidated and abandoned homes. Cc:Aric Schroeder,City Planner Rudy Jones,Community Development Director Louis Starks,Contract Compliance Officer Dave Zellhoefer,Assistant City Attorney (1 . Y WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affiunative Action Employer IN THE IOWA DISTRICT COURT FOR BLACK HAWK COUNTY ,.,. �, �•.., CITY OF WATERLOO, IOWA, ) 42-6005327, ) ) Petitioner, ) No. EQCV 115473 ) vs. ) ) FINAL ORDER STATE WIDE LANDS, LLC; BLACK HAWK ) COUNTY; OHP 15, LC; OHP 30, LC, ) ) Respondents. ) NOW on this 31st day of May, 2011, this matter comes before the Court as scheduled for hearing. Present is Attorney David R. Zelihoefer representing the Petitioner, City of Waterloo, Iowa.No other attorneys or respondents appear. The Court notes that proof of service on all parties has been shown. The Petition and Original Notice were posted on the property located at 135-137 University Avenue on March 2, 2011, by the Black Hawk County Sheriff. Respondents Black Hawk County; OHP 15, LC; and OHP 30, LC were served by certified mail. That Respondent State Wide Lands, LLC was served by publication. No one appears today on behalf of any Respondents, so all of them are hereby found in default. THE COURT MAKES THE FOLLOWING FINDINGS OF FACT: 1. That 135-137 University Avenue is legally described as: The East 25 feet of Lot No. 6, except the North 4.0 feet thereof in Block No. 2 in "Leland Park" in Waterloo, Iowa, and the West 25 feet of Lot No. 6, except the North 4.0 feet thereof in Block No. 2 in"Leland Park" in Waterloo, Iowa. This is a residence and not a commercial building. There are presently no utilities being provided to the property. The property is unoccupied and has been vacant for a number of years. The property does not meet the City's housing code for being fit for human habitation or occupancy. The building is presently partially boarded up, but has been exposed to the elements for an extended period of time, which has made it deteriorate substantially. There is a large presence and accumulation of debris and uncut vegetation on the property. Many windows are broken out and there are holes in the roof and eaves areas. 2. That because of the findings of fact made above, the Court determines that the property is an abandoned building pursuant to Section 657A.10A. IT IS, THEREFORE, ORDERED,ADJUDGED AND DECREED, that the property cited above is an abandoned property pursuant to Section 657A.10A; judgment is hereby ordered in favor of the Petitioner, City of Waterloo, Iowa, and the Court hereby awards title of this property to the City of Waterloo, free and clear from any liens and encumbrances. The Clerk shall notify the Black Hawk County Auditor's Office, Assessor's Office, and Treasurer's Office, so that these offices may take note of this Order and adjust their records accordingly. Court costs shall be taxed to the Petitioner. Judge of First Judicial District of Iowa J Printable Map Output Page 1 of 1 Black Hawk Coun Parcel Ma. Parcel ID: 8913-26-129-029 Deed Holder: STATE WIDE LANDS LLC Parcel Address: 135 UNIVERSITY AV, WATERLOO, IA 50701 " x.r x s"a E. 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". r+#'4ex ms, x,i- .. ,fi pr im,— g6 Y i.. i!R. .. ,. .• ;QI 7tQit 7s�a't 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, atedoo,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.hi cck-hawk.ia.us.or• .etailed le.al information. http://www2.co.black-hawk.ia.us/servlet/com.e sri.esrimap.Esrimap?ServiceName=bhov&C1... 6/8/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-26 129 029 STATE WIDE LANDS LLC STATE WIDE LANDS LLC PDF No. Map Area Contract Buyer 4 CWTLO-03 Property Address Current Recorded Transfer 135 UNIVERSITY AV Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50701-0000 10/9/2009 10/14/2009 2010 007744 D SALES BUILDING PERMIT Date AmountNUTC /Type Date Number Amount Reason 9/16/20082,555 SHERIFF OR TAX SALE / Deed 10/23/2001 WA 2890 400 Misc 7/24/199828,000 RESIDENTIAL SALE OF TWO OR 9/27/2000 WA 2393 1,050 Ext-Remodel MORE PARCELS-SINGLE 8/19/1998 1819 960 Roof CONSIDERATION /Contract 2/1 2/1 998 1 1,000 ASSIGNMENT/ASSUMPTION OF CONTRACT! Deed 7/1 5/1 996 22,000 RESIDENTIAL SALE OF TWO OR MORE PARCELS-SINGLE CONSIDERATION /Contract ASSESSED VALUES/CREDITS Year Class 2011 Proposed Values Subject to Board of Review Action R 100% Land Dwelling Building M/E Total Acres Value 3,680 26,820 0 0 30,500 0 Taxable Land _Dwelling Building _M/E Total Value 3,680 26,820 0 0 30,500 Year Class 2010 R 100% Land Dwelling Building M/E Total Acres Value 4,590 26,870 0 0 31,460 0 Taxable Land Dwelling Building M/E Total Value 2,228 13,040 0 0 15,268 Year Class 2009 R 100% Land Dwelling Building M/E Total Acres Value 4,590 26,870 0 0 31.460 0 Taxable Land Dwelling Building M/E Total Value 2,153 12,605 0 0 I14,758 Year Class 2008 R 100% Land Dwelling Building M/E Total Acres Value 4,590 26,870 0 0 31,460 0 Taxable Land Dwelling Building M/E Total Value 2,093 12,250 �0 0 14,343 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326129029 6/8/2011 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 31,460 14,758 0 42.76081 $631.06 $632.00 Nocorp 0 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL 'LELAND PARK E 25 FT LOT 6 BLK 2 EXC NLY 4 FT LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front 25 25 131 131 0 3275 0.075 Foot Totals: 3275 0.075 DWELLING CHARACTERISTICS Type Style Townhouse 2 Story Frame Year Built Area Heat AC Attic 1907 384 Yes No Floor& Stairs Total Rooms Above Total Rooms Below _Bedrooms Above Bedrooms Below 5 0 2 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring Stn Carp/Vinyl Exterior Walls Interior Finish Wd Lap/Vinyl Plas Roof Asph /Gable Non-Base Floor/Wall Pipeless Handfired Space Heaters Heating 0 Addtions Year Built �tyle Area Basement(SF) Basement(SF) Heat AC Attic 1907 1 Story Frame 192 0 rio Yes No 0 Plumbingil Full Bath Porch Style Area 1 S Frame Enclosed 72 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326129029 6/8/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-26-129-028 STATE WIDE LANDS LLC STATE WIDE LANDS LLC PDF No. Map Area Contract Buyer 4 CWTLO-03 Property Address •Current Recorded Transfer 137 UNIVERSITY AV Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50701-0000 10/9/2009 10/14/2009 2010 007743 D SALES BUILDING PERMIT Date Amount NUTC/Type Date Number Amount Reason 9/16/2008385 SHERIFF OR TAX SALE / Deed 10/9/2002 WA 2406 500 Roof 7/24/199828,000 RESIDENTIAL SALE OF TWO OR 8/19/1998 1819 960 Roof MORE PARCELS-SINGLE 1/20/1998 50 0 Demo/Rmvl CONSIDERATION / Contract 6/23/1997 F/C 0 Misc 1/12/199811,000 ASSIGNMENT/ASSUMPTION OF CONTRACT/ Deed 7/1 5/1 996 22,000 RESIDENTIAL SALE OF TWO OR MORE PARCELS-SINGLE CONSIDERATION /Contract ASSESSED VALUES/CREDITS Year Class 2011 Proposed Values Subject to Board of Review Action R 100% Land !Dwelling Building M/E !Total Acres Value 3,680 27,340 0 0 31,020 0 Taxable Land Dwelling Building M/E Total Value 3,680 27,340 0 0 31,020 Year Class 2010 R 100% Land Dwelling Building M/E Total Acres Value 4,590 27,320 0 0 31,910 0 Taxable Land Dwelling Building M/E Total Value 2,228 13,258 0 0 15,486 Year Class 2009 R 100% Land Dwelling puilding M/E Total Acres Value 4,590 27,320 0 31,910 0 Taxable Land Dwelling Building M/E Total _ Value 2,153 12,816 0 0 114,969 Year Class 2008 R 100% Land Dwelling 'Building lM/E Total Acres Value 4,590 27,320 0 10 31,910 0 _ Taxable Land Dwelling Building M/E Total Value 2,093 12,455 0 0 14,548 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326129028 6/8/2011 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 31,910 14,969 0 42.76081 $640.09 $640.00 Nocorp 0 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL LELAND PARK W 25 FT LOT 6 BLK 2 EXC NLY 4 FT LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front 25 25 131 131 0 3275 0.075 Foot Totals: 3275 0.075 DWELLING CHARACTERISTICS Type Style Townhouse 2 Story Frame Year Built Area Heat AC Attic 1907 384 Yes No Floor& Stairs Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 5 0 2 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring Stn Carp I Vinyl Exterior Walls Interior Finish Wd Lap/Vinyl Plas Roof Asph /Gable Non-Base Floor/Wall Pipeless Handfired Space Heaters Heating 0 Year Built Style Area Basement (SF) No Basement(SF) Heat AC Attic Addtions 1907 1 Story Frame 154 0 0 Yes No 0 1907 1 Story Frame 7 0 0 Yes No 0 Plumbing11 Full Bath l< Style Area Porch 1S Frame Enclosed 56 1S Frame Enclosed 72 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891326129028 6/8/2011 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703 . RESOLUTION NO. 2011-523 RESOLUTION ACCEPTING AND APPROVING ACQUISITION OF PROPERTY GENERALLY LOCATED AT 135-137 UNIVERSITY AVENUE IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Iowa Code Section 657A. 10A allows cities to petition the courts for possession of vacant and dilapidated homes, of which no one will take responsibility for its condition, and WHEREAS, the hereinafter described parcel contains a vacant dwelling that has been deemed dangerous and unsafe and does not meet the City of Waterloo' s Housing Code, and WHEREAS, it is the intention of the City of Waterloo to demolish the dangerous building immediately, and WHEREAS, after said demolition, the City of Waterloo will be able to offer the property to the adjacent property owners or interested parties for a reasonable cost, and WHEREAS, the Iowa District Court for Black Hawk County found that proper Notice of Intent to Take Default against several parties was properly mailed, and WHEREAS, the Iowa District Court for Black Hawk County found: 1. That 135-137 University Avenue, legally described as follows: The East 25 feet of Lot No. 6, except the North 4 . 0 feet thereof in Block No. 2 in "Leland Park" in Waterloo, Iowa, and the West 25 feet of Lot No. 6, except the North 4 . 0 feet thereof in Block No. 2 in "Leland Park" in Waterloo, Iowa; is a residence located in Waterloo, Black Hawk County, Iowa. There are no utilities being provided to the property. The property is unoccupied and has been vacant for a number of years. The property does not meet the City' s Housing Code for being fit for human habitation or occupancy. The building has been exposed to the elements for many years, which has made it deteriorate substantially. 2 . That because of the findings of fact made by the Iowa District Court of Black Hawk County, it was determined that the property is an abandoned building pursuant to Section 657A. 10A. WHEREAS, the Iowa District Court of Black Hawk County ordered, adjudged and decreed that the above described property Resolution No. 2011-523 Page 2 is an abandoned property pursuant to Section 657A. 10A and awarded title of said property to the City of Waterloo, and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the above described property is accepted and approved for the purposes as described in Section 657A. 10A. PASSED AND ADOPTED this 13th day of June, 2011 . te4:41 Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk A4�'�pi-perm. CITY WATERLOO , A► COMMUNITY PLANNING AND DEVELOPMENT 715 Mi he ry Street • Waterloo, Iowa 50703-5783 • (319)291- Fax{319)291-4262 /100 NO'_1..C.ANDERSON.Comuna lirranar�>d 'Ju>ei,: n,r CITY OF WATERLOO Council Communication City Council Meeting: June 13, 2011 Prepared: June 9, 2011 COUNCIL Dept. Head Signature: Noel Anderson, Community Planning & Development Director MEMBERS # of Attachments: 1 DAVID SUBJECT: Set a date of hearing for the request by Howard L. Allen Investments, Inc. to JONES vacate 25' of the 50' "no-build" easement for property generally described as being east of r 'm1.1 2825 Crossroads Boulevard for the purpose of developing a retail strip center. ``n' cJl Submitted by: Noel Anderson, Community Planning & Development Director CCLFq Recommended City Council Action: Set a date of hearing for vacate as requested. HAROLD GI"" `" Summary Statement: At the June 7, 2011 meeting of the City of Waterloo Planning, Programming, and Zoning Commission, the request by Howard L. Allen Investments, inc. OF ,Yet,` was reviewed and recommended for approval for a site plan amendment to the "S-1" HAP, Shopping center District for the construction of a new 10,600 sq. ft. retail shopping center T,,,/_, strip mall. This new development would be built just east of 2825 Crossroads Boulevards (Pizza Hut) and between that site and the Advanced Auto strip center. Rohr W".LITER This request is also linked with another item on the agenda for the actual site pan ` amendment for the construction on the site. Previously the City of Waterloo sold some hole excess land along San Marnan to encourage further building in this area. The applicant is GREENWOOD requesting to vacate that "no-build" area to allow for a greater area for development. The vacate of the "no-build" would allow for the 25' setback from the northern boundary, instead of a 50' setback. S TEA I Si,.I'IVII.I•,', Expenditure Required: none Source of Funds: NA Policy Issue: Economic Development in the City of Waterloo Alternative: NA Background Information: The "no-build was put in place with several older buildings in this area, 3 of the 4 which are now gone and now there are only three sites in this area instead of four lots. t i l t WE I3SI fE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! n EgwIO �,ea7:Rt0o A � (�purkunity/Afiinnative Ac±ion Em�IoVer t„� �y CITY OF WATERLOO , IOWA _All4/kal Mile 1111.1. .... COMMUNITY PLANNING AND DEVELOPMENT T1�m 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax{319)291-4262 �f�r/QO �� NOE,I.C ANDERSON,Commwwy P1annl»g&Development 17irenor Council Communication qe - ��271 ""`"' City Council Meeting: June 13, 2011 BUCK Pre ared: June 9, 2011 CL.ARK p ��� Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 COUNCIL MEMBERS SUBJECT: Set date of hearing for a request by Howard L. Allen Investments, Inc. for DAVIT) a "S-1" Shopping Center District site plan amendment for property generally described JONES as being east of 2825 Crossroads Boulevard for the purpose of developing a retail strip Watt!l center CAROL.YN Submitted by: Noel Anderson, Community Planning & Development Director CC)I..E Wir°` Recommended City Council Action: Set a date of hearing for a site plan amendment I{AROLD as described above. GETTY Ward; Summary Statement:At the June 7, 2011 meeting of the City of Waterloo Planning , Programming, and Zoning Commission, the request by Howard L. Allen Investments, QUENTIN inc. was reviewed and recommended for approval for a site plan amendment to the "S-1" II.AR r Shopping center District for the construction of a new 10 600 sq. ft. retail shopping wan/ ! PP 9 pP� g center strip mall. This new development would be built just east of 2825 Crossroads RON Boulevards (Pizza Hut) and between that site and the Advanced Auto strip center. WEEPER Wards The "S-1" Shopping center District requires all new major projects to be approved for site plan approval through a public hearing process. This request is also linked with another BOB item on the agenda for an easement vacate of a "no-build" area associated with this GxFltivwaOl' project. Previously the City of Waterloo sold some excess land along San Marnan to ni•L rge encourage further building in this area. The applicant is requesting to vacate that "no- STEVE build" area to allow for a greater area for development. The vacate of the "no-=build" SCHMITI would allow for the 25' setback from the northern boundary, instead of a 50' setback. At.Lary. The attached site plan would represent continued development of the Crossroads Shopping Center area. Since the sale of excess right-of-way in this area, the Goodyear, Country Kitchen, and former Hardees site have been demolished. The new Advanced Auto store was built, and now this strip center will be built — essentially combining three former sites into two larger sites. The site plan shows a new 10,600 sq. ft. building with the potential of 4 tenants. The submitted site plan, as shown, would appear to meet all applicable zoning regulations. The building exterior would be similar to other commercial facades in the area. The site access would remain relatively the same, with a slight change in the curb-cut to match the median cut on Crossroads Boulevard. The plan shows a total parking of 63 stalls, which would appear to meet regulations for parking needed — subject to certain types of tenants (as retail and restaurants have slightly different tenant requirements). The "S-1" Shopping center District has the goal of providing a "concentrated grouping of sites and compatible uses with various facilities CL1'Y WEBSI TE: www.ci.waterloo ILL Lis WE'RE WORKING FOR YOU! warert:aol An Equal Opportunity/AHirrnahve Action Employer designed to be used in common such as ingress and egress roads, extensive parking accommodations, etc.". Furthermore, the ordinance gives the City Council the ability to "modify, alter, adjust, or amend the plan as deemed necessary to preserve the intent and purpose of this ordinance." The "S-1" classification requires a public hearing be held for changes of a significant magnitude. The new 10,600 sq. ft. building qualifies as a major change. Expenditure Required: none Source of Funds: NA Policy Issue: Economic Development in the City of Waterloo Alternative: NA Background Information: The "S-1" Shopping Center District, by its very design, allows for "variances" to the normal standards of the Zoning Ordinance to promote a cohesive, shared component district and flexibility in parking numbers, layouts, and setbacks. The "S-1" District furthermore requires review for the building materials, designs, layouts, to ensure they are compatibly designed with the built environment—working to keep a higher level of aesthetics, buildings, and commercial attractiveness to the general shopping center area. Staff believes this project works to meet all these criteria and objectives of the Zoning Ordinance, and ask for approval of this request. This action will help to continue to bring new development to the area. E of 2825 Crossroads Blvd - Request for Site Plan ' Amendment in the S-1 Shopping Center District f 4 ' ' i a ir,' ''' ,_ .. _ ,,,t,#:: tilia i !1 V . i 4 �` f < ,� I'r' �` Site Plan Amendment for Proposed ya° r 0:4r, i,:, . * /If: e` - . } # 4-Tenant Retail Shopping Center If pia { Boa e g ps°� // r . erg / '� r A ate. - fi GIs � f lint ,''' - b ft k rp fit \ 41 g } A, ' $ !i 1'Ef y gyp �n 3 w- zoo ioo o zoo f < Fees . 51 NEW FACILITY FOR CROSSROADS RETAIL CENTER WATERLOO, IA 209.82' r. fotow;ARIA 3T-0" I N I ' �Y'4Q 4 /,.•40 -/it//40'-0« / / 40 , ,r` 1 /2 3 / / ' .TENANT,,/ / ,TENANT ./ /TENANT.' , TENANT-- � S ' I No.1 ' `r, Nat // 4 , No.3 . ' No.4J.f i _/3200' / 1 a/" f% /.//2400 r ,'r�/ f r '--- I I / /////' "C i r - ,> // FUT.EXT. ' i ;EXTERIOR E' -_ i err. ;- I PATIO! PATIO 4 i PATN4 .- 14 PLANTS s m 3 null.AEI �iitll 1 L1311 1to / P 4` "� • za`rI 1 �- Ii Y�I --II- N •... 1ENC0.0�y1Q Lto 10-0-/ -• i _ \ •,i ; $ 1 f / Iw 24 I 8,_O., L V I I • 1 1 9�E� I��`11, 11 4.4 I 208.52' CROSSROADS BLVD. MAY 2,2011 '�" "' SITE CONCEPT #1 M\i'l L4'N"I''414. il riV ARCHITECTS NORTH r =Aa�o NORTH pp n(� [ S 53 PARKING STALLS REQUIRED ,�,, w D U L. 63 STALLS PROVIDED 52 1. i. lii. mp ' IiiM y,�C ,+ I J5 i( u IN illiPiilligi '' 14 11 i1i®IA ei11114f'1� o I 1 .III 1! /11 ill lig •eA IIi w [..eIgo IIAii� 1/ o z o S ro i �$ii 1 i 11i in 'MCI( 31 I1.1/ 1111 z !.'r!ii'uliibi - CC w o b o `l �t�-4.1 i Z �1f;45tl h5etl�z�li1 V)Z Z Y M 1 I i. • Qj SIn .1 f = .7h {aN t` III I� � O 1 1111111411111 C ICJ z v■.. InI!: i ---I • pl ocn ■ Till • t-.I 1i Iiiillili II � j N �i11 ki 1ill 6 �% o Ei p Ili ,, 1 It r s I I 1 -i 1I. i June 7,2011 REQUEST: Howard L. Allen Investments, Inc. for a site plan amendment to the "S-1" Shopping Center District to allow for the construction of a new 10,600 SF 4-tenant retail shopping center. APPLICANT(S): Howard L. Allen Investments, Inc., PO Box 622, Cedar Falls, IA 50613 GENERAL The request is for a site plan amendment to construct a new DESCRIPTION: 10,600 SF strip center directly next to 2825 Crossroads Boulevard. IMPACT ON The request would not appear to have a negative impact upon NEIGHBORHOOD & the surrounding area, as the proposed retail center would SURROUNDING appear to be compatible and in character with the existing retail LAND USE: area. Surrounding uses in all directions include retail development zoned "S-1" Shopping Center District and "C-2" Commercial District. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact on the surrounding traffic and pedestrian TRAFFIC conditions in the area. Numerous traffic improvements have CONDITIONS: been made to East San Marnan Drive to handle traffic demand in the Crossroads Shopping Center District. There are no pedestrian sidewalks within the immediate area. Access to the site would be gained from Crossroad Boulevard, which is classified as a Local Street. East San Marnan Drive abuts the rear of the lot in question, and is classified as a Minor Arterial. Highway 218/Interstate 380 is located approximately a %4 mile to the northeast and is classified as a Principal Arterial. RELATIONSHIP TO RECREATIONAL There are no nearby recreational trails within the immediate TRAIL PLAN: area. ZONING HISTORY FOR SITE AND The property in question is zoned "S-1" Shopping Center IMMEDIATE VICINITY. District, and has been zoned as such since the adoption of the Zoning Ordinance. Surrounding uses in all directions include retail development zoned "S-1" Shopping Center District and "C-2" Commercial District. BUFFERS REQUIRED/ NEEDED: The "S-1" zoning designation requires that new developments submit and execute a landscaping plan. It would appear that this request would not need to provide any additional buffering or screening. DRAINAGE: The applicant would be required to submit a storm water calculation and detention plan to the Engineering Department for review to determine if the new development would negatively impact drainage conditions within the area. 6.7.2011 —SPA S1 District next to 2825 Crossroads Page 1 of 4 47 June 7,2011 Previously, it was proposed in the past to put a restaurant upon the site, however, those plans did not materialize. The previous developer installed an underground storage area for storm water runoff, and the Engineering Department has requested that storm water calculation numbers be submitted again for review to ensure that the existing detention is sufficiently sized to meet the proposed development. DEVELOPMENT HISTORY: The surrounding area is mostly comprised of retail development, having a wide range of construction dates from the late 1960s to as new as the present date. FLOODPLAIN: No portion of the area in question is located in a Special Flood Hazard Area. PUBLIC /OPEN SPACES/ SCHOOLS: The nearest school and park would be Kittrell Elementary School and Morris Park, both located near the intersection of West 11th Street and East Ridgeway Avenue, approximately 1 mile to the northwest. UTILITIES: WATER, SANITARY SEWER, A 30' easement has been retained across the entire frontage of STORM SEWER, ETC. the lot, and there is an 8" sanitary sewer line and 16" water main in that easement. A parking lot is shown within this easement on the site plan, and that is permitted, however, the applicant needs to be aware that if access is needed to the sanitary sewer or water main for repair or maintenance, the parking lot can be removed to do so. There is 4" drain tile located along both sides of Crossroads Boulevard that connect into 15" storm sewer. RELATIONSHIP TO COMPREHENSIVE The Future Land Use Map and Comprehensive Plan LAND USE PLAN: designates this area as Commercial, which would allow for the development of a retail strip center. The request is in conformance with the Comprehensive Plan for this area. STAFF ANALYSIS — The applicant is proposing to construct a new 10,600 SF retail ZONING strip center on the lot directly northeast of 2825 Crossroads ORDINANCE: Boulevard (Pizza Hut). The property is zoned "S-1" Shopping Center District, which is a site plan specific district, and any new major amendment to the district is required that it go through a formal review process through Planning, Programming and Zoning Commission and the City Council. The submitted site plan shows a 4 tenant building, with the rear of the building abutting up to East San Marnan Drive. A total of 63 parking stalls are shown on the submitted plan, and currently, the applicant has indicated that 2 of the sites have tenants, one being a fast food restaurant, and the other being a 6.7.2011 —SPA S1 District next to 2825 Crossroads Page 2 of 4 48 June 7,2011 retail establishment. The Zoning Ordinance requires that for a fast food restaurant with no drive-up window, 1 parking space be provided for every 1.5 seats, with a minimum of 10 spaces. Staff is currently in the process of revising the Zoning Ordinance, and it is proposed to change the amount of parking required for a fast food restaurant with no drive-thru window 1 parking space for every 2 seats provided. Currently, the new Ordinance has not been adopted. The applicant will need to submit an interior plan for the layout of the proposed restaurant to determine the amount of parking stalls needed. Also, the Ordinance requires for a retail establishment over 2,000 SF in area, 5 parking spaces be provided for every 1,000 SF of floor area. It is proposed to change the parking requirement for a retail store under 5,000 SF to provide 1 parking space for every 250 SF of floor area, with a minimum of 10 provided. Staff has concerns that there will not be enough parking provided upon the site once the 2 other retail spaces are filled, however, due to the proposed changes in the parking regulations, which lowers the amount of spaces needed for these uses, if the site is potentially deficient could be less than what is anticipated. More detailed information regarding the proposed uses still needs to be submitted to determine exact parking numbers required. The submitted site plan shows the new building being setback 25' from the East San Marnan Drive right-of-way line, which is in conformance with the setback requirements for this district. Also, parking is shown being setback 5' from all property lines, and the front and side yard setbacks conform with the required setbacks. The applicant will need to submit side elevations of the proposed building as a part of the site plan amendment process to show what the exterior of the new building will look like. The new building will need to have an aesthetically pleasing design and be compatible with already existing development in the area. STAFF ANALYSIS — SUBDIVISION The area in question is already platted, and there would be no ORDINANCE: additional platting required for this request. STAFF Therefore, staff recommends that the request for site plan RECOMMENDATION: amendment to the "S-1" Shopping Center District be approved for the following reasons: 1. The proposed request is consistent with the Future Land Use Map for this area as Commercial. 2. The request is located within the Primary Growth Area according to the City of Waterloo Comprehensive Plan. 3. The proposed use and design would not appear to have a negative impact on the area and would appear to be 6.7.2011—SPA S1 District next to 2825 Crossroads Page 3 of 4 49 June 7,2011 compatible to existing development in the area. 4. The request would provide additional employment opportunities to the area, and would provide for additional growth and tax base. And subject to the following conditions: 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. 6.7.2011—SPA S1 District next to 2825 Crossroads Page 4 of 4 50 East of 2825 Crossroads Blvd — Plat Map //: \NE-NW-SE �4-$8-13-i }/ l 0 , ©�. rip �. 1 .� ,4 yr 8 d ate. l ,. ' A +.4' Property in Question y' '21.' L. rY / / . /fr \ \ r 1 / 1 r ,j CROSSROADS PLAT NO 7 / 1 r' 1 53 APPLICATION SITE PLAN AMENDMENT TO A"R-P", "M-P","C-P", "8-P", "S-1"OR"C-Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMMING,AND ZONING COMMISSION, WATERLOO,IOWA 319.291.4366 New or Overall Amendment 1C Individual Building Minor change (check one)(Minor Change must be approved by staff) 1.APPLICATION INFORMATION:a. Applicant's name(please t):j1 C�r`vl t VIA (• IQ LI�.r? if vis-I tni.n-IS /Ft• Address ( ^, l Phone: 3 -C I7Fax: _ City: cprio-1'` i £j State: 1 Zip: b. Status of applicant:(a)Owner 14 (b)Other (CHECK ONE):if other explain: c. Property owner's name if different than above(please print): LV'/=1L Address: Phone: Fax: City: State: Zip: 2.PROPERTY INFORMATION: a. General location of site plan to be amended: Z0/ Ar".}4i% crIC Z.�iZs— GJ?oSs/2Ie,4ns /SCuA b. Legal description of property or portion to be amended: S,i.-& Aw4c.He.-) c. Dimensions of proposed site plan amendment: 20 .2,5[) d. Area of proposed site plan amendment:[,2O AGM& e. Current zoning: 6.- f. Reason(s)for site plan amendment and proposed use(s)of property: /1,14' T r-mi c C. ? g. Conditions(if any)agreed to(does not affect existing conditions unless specified): h. Other pertinent information(use reverse side if necessary):__u. Please Note: If applicant is not the owner of the property,the signature of the owner must be secured. If it is the intent to subdivide (split)any land, vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request)_ The filing fee of$200(for new or overall amendment),$100(for individual Building),or SO(for minor change)(payable to the City of Waterloo)is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. Signatureq Applicant D Signature Owner Date 54 East of 2825 Crossroads Blvd — S-1 Site Plan Amendment ISR'iS'ikw . .: g ;y ant Looking at the property in question where the Looking at the multi-tenant building located 4-tenant retail shopping center is being adjacent to the east. proposed. it •`ar.,„,,,, ;,� a.. ott Yei:r ryy Looking at Pizza Hut, which is adjacent to the Looking south of the property at Crossroads west. Mall. 56 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703. RESOLUTION NO. 2011-524 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE VACATION OF 25' OF THE 50' "NO-BUILD" EASEMENT FOR PROPERTY GENERALLY LOCATED EAST OF 2825 CROSSROADS BOULEVARD, AS JUNE 27, 2011, AT 5: 30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS : Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 27th day of June, 2011, for the purpose of considering and acting upon a proposal to vacate 25' of the 50' "no-build" easement for property generally located east of 2825 Crossroads Boulevard, and legally described as follows : A parcel of land located in the East Half of Section No. 2, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the intersection of the Southeasterly right of way line of East San Marnan Drive and the Southwesterly right of way line of Sears Street; thence South 41 degrees 24 minutes 00 seconds East along the Southwesterly right of way line of Sears Street a distance of 194 . 51 feet; thence Southerly along a curve concave Westerly having a radius of 20 . 00 feet a distance of 31 . 42 feet to the Northwesterly right of way line of Crossroads Boulevard; thence South 48 degrees 36 minutes 00 seconds West along the Northwesterly right of way line of Crossroads Boulevard a distance of 220 . 00 feet to the point of beginning; thence North 41 degrees 24 minutes 00 seconds West a distance of 250 . 00 feet; thence South 48 degrees 36 minutes 00 seconds West a distance of 209. 82 feet; thence South 41 degrees 24 minutes 00 seconds East a distance of 250 . 00 feet; thence North 48 degrees 36 minutes 00 seconds East along the Northwesterly right of way line of Crossroads Boulevard a distance of 209. 82 feet to the point of beginning. Note: The Southwesterly right of way line of Sears Street is assumed to bear South 41 degrees 24 minutes 00 seconds East, all in the City of Waterloo, Black Hawk County, Iowa. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. Resolution 2011-524 Page 2 PASSED AND ADOPTED this 13th day of June, 2011. //,/('t^'-(21-4.° Ernest G. Clark, Mayor ATTEST: Suzy Sc ayes, CMC City Clerk CITY OF WATERLOO , IOWA twitCOMMUNITY PLANNING AND DEVELOPMENT rw. .w. • '�+^^'"• WOM•' it i:ro 3 . 3- i r r;(? 91 l9'-426 feri ♦ _ i �; - ----- --- Council Communication City Council Meeting: June 13, 2011 ^� Prepared: June 9, 2011 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Set date of hearing for a request by Howard L. Allen Investments, Inc. for a "S-1" Shopping Center District site plan amendment for property generally described as being east of 2825 Crossroads Boulevard for the purpose of developing a retail strip center Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set a date of hearing for a site plan amendment as described above. Summary Statement:At the June 7, 2011 meeting of the City of Waterloo Planning , Programming, and Zoning Commission, the request by Howard L. Allen Investments, inc. was reviewed and recommended for approval for a site plan amendment to the "S-1" Shopping center District for the construction of a new 10,600 sq. ft. retail shopping center strip mall. This new development would be built just east of 2825 Crossroads Boulevards (Pizza Hut) and between that site and the Advanced Auto strip center. The "S-1" Shopping center District requires all new major projects to be approved for site plan approval through a public hearing process. This request is also linked with another item on the agenda for an easement vacate of a "no-build" area associated with this • project. Previously the City of Waterloo sold some excess land along San Marnan to encourage further building in this area. The applicant is requesting to vacate that "no- build" area to allow for a greater area for development. The vacate of the "no-=build" %Irr 1 would allow for the 25' setback from the northern boundary, instead of a 50' setback. The attached site plan would represent continued development of the Crossroads Shopping Center area. Since the sale of excess right-of-way in this area, the Goodyear, Country Kitchen, and former Hardees site have been demolished. The new Advanced Auto store was built, and now this strip center will be built—essentially combining three former sites into two larger sites. The site plan shows a new 10,600 sq. ft. building with the potential of 4 tenants. The submitted site plan, as shown, would appear to meet all applicable zoning regulations. The building exterior would be similar to other commercial facades in the area. The site access would remain relatively the same, with a slight change in the curb-cut to match the median cut on Crossroads Boulevard. The plan shows a total parking of 63 stalls, which would appear to meet regulations for parking needed —subject to certain types of tenants (as retail and restaurants have slightly different tenant requirements). The "S-1" Shopping center District has the goal of providing a "concentrated grouping of sites and compatible uses with various facilities 11YWi BSIIL: - — PRE, WORKING FOR YOU p.WAi• on 1 _u. 'JPPoftunity'Affu matfvo yi< 1 designed to be used in common such as ingress and egress roads, extensive parking accommodations, etc.". Furthermore, the ordinance gives the City Council the ability to "modify, alter, adjust, or amend the plan as deemed necessary to preserve the intent and purpose of this ordinance." The "S-1" classification requires a public hearing be held for changes of a significant magnitude. The new 10,600 sq. ft. building qualifies as a major change. Expenditure Required: none Source of Funds: NA Policy Issue: Economic Development in the City of Waterloo Alternative: NA Background Information: The "S-1" Shopping Center District, by its very design, allows for "variances" to the normal standards of the Zoning Ordinance to promote a cohesive, shared component district and flexibility in parking numbers, layouts, and setbacks. The "S-1" District furthermore requires review for the building materials, designs, layouts, to ensure they are compatibly designed with the built environment—working to keep a higher level of aesthetics, buildings, and commercial attractiveness to the general shopping center area. Staff believes this project works to meet all these criteria and objectives of the Zoning Ordinance, and ask for approval of this request. This action will help to continue to bring new development to the area. : E of 2825 Crossroads Blvd - Request for Site Plan [ Amendment in the S-1 Shopping Center District t t e ._ ___ _ - F r i. t r E . - "/""r/il: 1_ _.----- ,' a * 4 r VA i* N.- -—'i ,. , # , , , N 3 MM.$I $$ .A ye s. Igo RE lS' } e 4R - - - i` �'f ■ # e.. I F i c s-t � e a* *`e4 tsp1 Site Plan Amendment for Proposed r g} 4- 4-Tenant Retail Shopping Center `s € s r t_ 4_04__ 4 E _ �.. AtfL -''-> t x dF ,- ssf >+ I N e ei,_ :: ' Ile -' X ' ' ' '. "t-'4" Filet* 4 ‘''--:7-"--_-E-,Y------f _-'' _ £sue - - Ar . ' A - s • .4.- , -irt \ ,..,.. - s _ ' 200 100 0 zoo . � Feet ffi � ��� ... � I x` '.. 51 NEW FACILITY FOR CROSSROADS RETAIL CENTER. WATERLOO, IA 200.82' 4 I a al e s AKA 3F-0" 14 I LJJ 11 4 'S&' _ I ' . . L l._ i Li_____iv, / 40.0 43.34/. • ,io.-6u /i ,/40'_o"/' I J +TENANT .' .TENANT TENANT T S TENANT' J ( r No ` + ,+"' No 2 + i < No.3 No.4 • / 3200 sf 2400 0, % eo 2400 sf i' 2600 sf .1 t • ir,,e-,,/,/,/ ,// is //' ,-'V.' .../:../ /./ is. i'''''fs -- . i I_ I s ..i EXT, ,- ' fJ. E PATIO I f t7 EXTERIOR; z - '2 PATIO = i o I ,J ,J f, PLANTS ( _ tI PATIO i i 5. + ° t . I _ . p K ! Q { LOADING 4 1a I ,!IC L ' sM '[1 NC m � j ZONE I T _ < 1 e .nsThvn C -TRASII 6-0" 17 < 1 ! , 4 3 g j2 241 `__l i,° I I I • I ; . le _ — I• i .N I T 1 _ 'A 1 y7 I M ! 1 91 TIN \t EXISTING 3 1 I 23942; ^, CROSSROADS BLVD. _.- .._a_- T MAY 2,2011 i ". SITE CONCEPT #1 11) s 1 � A H I�G111 a� SCALE: 1"-s0'0°' NORTH u. x BUILDERS 63 STALLS PROVIDE©53 PARKING STALLS REQUIRED =1 52 • `err e, i--1 H II I k �il �e0 1 1 I°� 7 �1I'I 6ERNEEI 1 w °Iil eI4 D1 11 i 1ThiI III 1ye''tt g e kit E Ille, _' 1 .ex i°e1 - w II {' 'srAlil'mmo a Z o rillf 1lI°I°I°I I-) z e J oe I.1 I Mai - � N o 1 ° ,-r-.11911 0 0 �— I Lc �° Z I6,�P11JG �Ial1 �� z J N L II c\Is r ;n ,__cc m _ J _ §amp .1< w \ I z J r7 1--{-1 lt1 CD ,J lISO Id_` C �) Z O I a .; r, : n Pi nV Ir _I,� .: `� II I— ®I k 17411 ,1 M L4 1 E■■ — J j.0 .1.■ 1 o U I— ■I 1I ' IIII INE 1,r t 171 ■,M■ I 111 EMI ■■■ _ I ', il lrE■ o tl, ,NS 11 ° 74� 'eNe° ii a IIII °III;I I � N --- , III ro I IreeuIII 1IIIIle�` i j — I i1IIIi'1�1.III°I°I°I°!° 1�..1 7 �„ III°I°lil'l°illlll99;I .� g a -- ..i IONAp ihmIeIeit elei e 3 g __ �■I i11�1' II � Ii _I We 1 E I�I111� 1 h I i iiihl err �C&rti_ I I II°e1 June 7,2011 REQUEST: Howard L. Allen Investments, Inc. for a site plan amendment to the "S-1" Shopping Center District to allow for the construction of a new 10,600 SF 4-tenant retail shopping center. APPLICANT(S): Howard L. Allen Investments, Inc., PO Box 622, Cedar Falls, IA 50613 GENERAL The request is for a site plan amendment to construct a new DESCRIPTION: 10,600 SF strip center directly next to 2825 Crossroads Boulevard. IMPACT ON The request would not appear to have a negative impact upon NEIGHBORHOOD & the surrounding area, as the proposed retail center would SURROUNDING appear to be compatible and in character with the existing retail LAND USE: area. Surrounding uses in all directions include retail development zoned "S-1" Shopping Center District and "C-2" Commercial District. VEHICULAR & The proposed site plan amendment would not appear to have PEDESTRIAN a negative impact on the surrounding traffic and pedestrian TRAFFIC conditions in the area. Numerous traffic improvements have CONDITIONS: been made to East San Marnan Drive to handle traffic demand in the Crossroads Shopping Center District. There are no pedestrian sidewalks within the immediate area. Access to the site would be gained from Crossroad Boulevard, which is classified as a Local Street. East San Marnan Drive abuts the rear of the lot in question, and is classified as a Minor Arterial. Highway 218/Interstate 380 is located approximately a '/ mile to the northeast and is classified as a Principal Arterial. RELATIONSHIP TO RECREATIONAL There are no nearby recreational trails within the immediate TRAIL PLAN: area. ZONING HISTORY FOR SITE AND The pro inquestion is zoned "S-1" Shopping Center IMMEDIATE VICINITY: District, and has been zoned as such since the adoption of the Zoning Ordinance. Surrounding uses in all directions include retail development zoned "S-1" Shopping Center District and "C-2" Commercial District. BUFFERS REQUIRED/ NEEDED: The "S-1" zoning designation requires that new developments submit and execute a landscaping plan. It would appear that this request would not need to provide any additional buffering or screening. DRAINAGE: The applicant would be required to submit a storm water calculation and detention plan to the Engineering Department for review to determine if the new development would negatively impact drainage conditions within the area. 6.7.2011 —SPA S1 District next to 2825 Crossroads Page 1 of 4 47 June 7,2011 Previously, it was proposed in the past to put a restaurant upon the site, however, those plans did not materialize. The previous developer installed an underground storage area for storm water runoff, and the Engineering Department has requested that storm water calculation numbers be submitted again for review to ensure that the existing detention is sufficiently sized to meet the proposed development. DEVELOPMENT HISTORY: The surrounding area is mostly comprised of retail development, having a wide range of construction dates from the late 1960s to as new as the present date. FLOODPLAIN: No portion of the area in question is located in a Special Flood Hazard Area. PUBLIC /OPEN SPACES/ SCHOOLS: The nearest school and park would be Kittrell Elementary School and Morris Park, both located near the intersection of West 11th Street and East Ridgeway Avenue, approximately 1 mile to the northwest. UTILITIES: WATER, SANITARY SEWER, A 30' easement has been retained across the entire frontage of STORM SEWER, ETC. the lot, and there is an 8" sanitary sewer line and 16" water main in that easement. A parking lot is shown within this easement on the site plan, and that is permitted, however, the applicant needs to be aware that if access is needed to the sanitary sewer or water main for repair or maintenance, the parking lot can be removed to do so. There is 4" drain tile located along both sides of Crossroads Boulevard that connect into 15" storm sewer. RELATIONSHIP TO COMPREHENSIVE The Future Land Use Map and Comprehensive Plan LAND USE PLAN: designates this area as Commercial, which would allow for the development of a retail strip center. The request is in conformance with the Comprehensive Plan for this area. STAFF ANALYSIS — The applicant is proposing to construct a new 10,600 SF retail ZONING strip center on the lot directly northeast of 2825 Crossroads ORDINANCE: Boulevard (Pizza Hut). The property is zoned "S-1" Shopping Center District, which is a site plan specific district, and any new major amendment to the district is required that it go through a formal review process through Planning, Programming and Zoning Commission and the City Council. The submitted site plan shows a 4 tenant building, with the rear of the building abutting up to East San Marnan Drive. A total of 63 parking stalls are shown on the submitted plan, and currently, the applicant has indicated that 2 of the sites have tenants, one being a fast food restaurant, and the other being a 6.7.2011—SPA S1 District next to 2825 Crossroads Page 2 of 4 48 June 7,2011 retail establishment. The Zoning Ordinance requires that for a fast food restaurant with no drive-up window, 1 parking space be provided for every 1.5 seats, with a minimum of 10 spaces. Staff is currently in the process of revising the Zoning Ordinance, and it is proposed to change the amount of parking required for a fast food restaurant with no drive-thru window 1 parking space for every 2 seats provided. Currently, the new Ordinance has not been adopted. The applicant will need to submit an interior plan for the layout of the proposed restaurant to determine the amount of parking stalls needed. Also, the Ordinance requires for a retail establishment over 2,000 SF in area, 5 parking spaces be provided for every 1,000 SF of floor area. It is proposed to change the parking requirement for a retail store under 5,000 SF to provide 1 parking space for every 250 SF of floor area, with a minimum of 10 provided. Staff has concerns that there will not be enough parking provided upon the site once the 2 other retail spaces are filled, however, due to the proposed changes in the parking regulations, which lowers the amount of spaces needed for these uses, if the site is potentially deficient could be less than what is anticipated. More detailed information regarding the proposed uses still needs to be submitted to determine exact parking numbers required. The submitted site plan shows the new building being setback 25' from the East San Marnan Drive right-of-way line, which is in conformance with the setback requirements for this district. Also, parking is shown being setback 5' from all property lines, and the front and side yard setbacks conform with the required setbacks. The applicant will need to submit side elevations of the proposed building as a part of the site plan amendment process to show what the exterior of the new building will look like. The new building will need to have an aesthetically pleasing design and be compatible with already existing development in the area. STAFF ANALYSIS — SUBDIVISION The area in question is already platted, and there would be no ORDINANCE: additional platting required for this request. STAFF Therefore, staff recommends that the request for site plan RECOMMENDATION: amendment to the "S-1" Shopping Center District be approved for the following reasons: 1. The proposed request is consistent with the Future Land Use Map for this area as Commercial. 2. The request is located within the Primary Growth Area according to the City of Waterloo Comprehensive Plan. 3. The proposed use and design would not appear to have a negative impact on the area and would appear to be 6.7.2011—SPAS1 District next to 2825 Crossroads Page 3 of 4 49 June 7,2011 compatible to existing development in the area. 4. The request would provide additional employment opportunities to the area, and would provide for additional growth and tax base. And subject to the following conditions: 1. That the final site plan meets all applicable city codes, regulations, etc. including, but not limited to, parking, landscaping, drainage, etc. 6.7.2011—SPA S1 District next to 2825 Crossroads Page 4 of 4 50 East of 2825 Crossroads Blvd — Plat Map t \NE—NW—SE —88-1.4/ /' 11 . r / Ay. ,v N't'. <,' , ..---."''s , ..,.' „ ,0. Property in Question - y' 0`' '- i 3 7 t�f{f 1 e / 5 \\ V. o po /' \ 2 \ > / // \ i . \/` CROSSROADS PLAT NO 7 53 APPLICATION SITE PLAN AMENDMENT TO A"R-P", "M-P","C-P", "B-P","S-1"OR"C-Z"DISTRICT CITY OF WATERLOO PLANNING,PROGRAMMING,AND ZONING COMMISSION,WATERLOO,IOWA 319.291.4366 New or Overall Amendment )1 Individual Building Minor change (check one)(Minor Change must be approved by staff) 1.APPLICATION INFORMATION: a. Applicant's name(please print): JLli t-V i ( 1'1 $-It S vt • Address: 6 / (j, Phone: . Fax: _ City: ('rimy ta li3 State: jig Zip: tiL, 1.-- b. Status of applicant:(a)Owner . (b)Other (CHECK ONE):If other explain: c. Property owner's name if different than above(please print): &A Address: Phone: Fax: City: State: Zip: 2.PROPERTY INFORMATION: a. General location of site plan to be amended: 16,T 1 _G,;C' 2.$2S- C ss/ pS A'u1J b. Legal description of property or portion to be amended: :,: ASYiQC 1 c. Dimensions of proposed site plan amendment ZG j)CZ5c) d. Area of proposed site plan amendment: LJ_r)Ate— t& e. Current zoning: 3— 1_.._.__,.-_._ _ x f. Reason(s)for site plan amendment and proposed use(s)of property: it 4c% /2IT,4rC C,EJ �'tZ__ g. Conditions(if any)agreed to(does not affect existing conditions unless specified): h. Other pertinent information(use reverse side if necessary):_ Please Note: If applicant is not the owner of the property,the signature of the owner must be secured If it is the intent to subdivide(split)any land,vacant or improved in conjunction with this request it must go through a platting process (separate from site plan amendment request). The filing fee of$200(for new or overall amendment),$100(for individual Building),or$0(for minor change)(payable to the City of Waterloo)is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming,and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct. All information submitted will be used by the Waterloo Planning, Programming,and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. n f Signature Date Signature of Owner f 7' GG — Date 54 East of 2825 Crossroads Blvd — S-1 Site Plan Amendment .:� - r .` Looking at the property in question where the Looking at the multi-tenant building located 4-tenant retail shopping center is being adjacent to the east. proposed. a ��s azec - z .u. �. Looking at Pizza Hut, which is adjacent to the Looking south of the property at Crossroads west. Mall. 56 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703. RESOLUTION NO. 2011-525 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE REQUEST OF HOWARD L. ALLEN INVESTMENTS, INC. FOR A SITE PLAN AMENDMENT TO THE "S-1" SHOPPING CENTER DISTRICT FOR PROPERTY GENERALLY LOCATED EAST OF 2825 CROSSROADS BOULEVARD, AS JUNE 27, 2011, AT 5: 30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA, AND INSTRUCTING THE CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 27th day of June, 2011, for the purpose of considering the request of Howard L. Allen Investments, Inc. for a Site Plan Amendment to the "S-1" Shopping Center District for property generally located east of 2825 Crossroads Boulevard for the purpose of developing a retail strip center, and legally described as follows : A parcel of land located in the East Half of Section No. 2, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the intersection of the Southeasterly right of way line of East San Marnan Drive and the Southwesterly right of way line of Sears Street; thence South 41 degrees 24 minutes 00 seconds East along the Southwesterly right of way line of Sears Street a distance of 194 . 51 feet; thence Southerly along a curve concave Westerly having a radius of 20 . 00 feet a distance of 31 . 42 feet to the Northwesterly right of way line of Crossroads Boulevard; thence South 48 degrees 36 minutes 00 seconds West along the Northwesterly right of way line of Crossroads Boulevard a distance of 220 . 00 feet to the point of beginning; thence North 41 degrees 24 minutes 00 seconds West a distance of 250. 00 feet; thence South 48 degrees 36 minutes 00 seconds West a distance of 209. 82 feet; thence South 41 degrees 24 minutes 00 seconds East a distance of 250 . 00 feet; thence North 48 degrees 36 minutes 00 seconds East along the Northwesterly right of way line of Crossroads Boulevard a distance of 209. 82 feet to the point of beginning. Note : The Southwesterly right of way line of Sears Street is assumed to bear South 41 degrees 24 minutes 00 seconds East, all in the City of Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. Resolution 2011-525 Page 2 PASSED AND ADOPTED this 13th day of June, 2011 . �Ff Ernest�rk, Mayor ATTEST : y Sch res, CMC City Clerk 40 111.1p. MIN�� CITY OF WATERLOO , IOWA .., itr ,,, ,�m COMMUNITY PLANNING AND DEVELOPMENT �' S� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 ci;r@/fpp0,p NOEI.CANDERSON.Community Planning&Development/7iertot Council Communication City Council Meeting: June 13, 2011 ((t AIa;or Prepared: June 9, 2011 BUCK Dept. Head Signature: Noel Anderson, Community Planning & Development CLARK Director # of Attachments: 1 COUNCIL MEMBERS SUBJECT: Approve the Memorandum of Understanding with INRCOG for the writing, preparation, and submittal of a State Recreational Trails Fund Application DAVID for $406,463.00 for the Cedar Valley Lakes Trail Enhancement and Water Trail „ONE Connection, and authorizing the Mayor and City Clerk to sign and fully execute Ward 1 any documents for this process. CAROI Y7. COLS Submitted by: Noel Anderson, Community Planning & Development Director Ward 2 HAROLD Recommended City Council Action: Resolution approving the Memorandum of GETTY Understanding as described above. Ward 3 Summary Statement: As you may be aware, the City of Waterloo is continuing QL'ENTIN to work on the Riverfront Renaissance Project, trails connecting to that area, and HART other forms of water and riverfront amenities for the Downtown Waterloo and entire community. The project being applied for would work to raise the current RON trail system through a bridge system to allow for a permanent connection VvTI TER between Brinker Lake and the Cedar River. This new connection would allow for .'Vard 5 boaters, in conjunction with the new balder system raising the water levels on the BOB Cedar River, to be able to traverse between the lake and river. This would work GREENWOOD) to enhance both locations for docking systems in Downtown Waterloo being able rit'""'g` to travel to the lake, and lake users to be able to visit shops, restaurants, etc. in STEVE Downtown Waterloo. SCHMITT 4r Limy You will find attached a Memorandum of Understanding for INRCOG to write the proposed application on behalf of the City of Waterloo. As in the past, INRCOG would not be paid unless the application is successful, and if successful would be paid 1.5 percent with a maximum of $2,000. If awarded, the grant would pay for 75% of the project costs, or $406,463.00. The City would need 25% match, which would be requested as a part of the WDC allocation to the Riverfront Renaissance area, from their gaming funds allocation. The City has also requested $40,000 in enhancement funds from the Metropolitan Planning Organization. CITY WEBSITE: www.ci.watcrloo.ta us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Expenditure Required: Up to $2,000 if grant is awarded, up to $135,488.00 for project. Source of Funds: MPO funds, gaming funds Policy Issue: Riverfront Renaissance and Downtown Waterloo Alternative: Not apply Background Information: The City of Waterloo continues to work to bring forth multiple other funding sources to compliment the work of the Riverfront Renaissance Project. We have been successful with past State and Federal recreational trail grants, American Recovery and Reinvestment Act funds, Metropolitan Planning Organization funds, REAP funds, etc. c ECEIVED JUN . 6 2011 June 3,2011 Noel Anderson, Community Planning and Development Director Community,Planning and Development �rFRt00 o� INRCO G 715 Mulberry Waterloo, Iowa 50703 Regional Council Dear Noel: Of Governments RE: State Recreational Trails Fund Application Cedar Valley Lakes Trail Enhancement and 229 E. Park Ave. Water Trail Connection Waterloo, IA 50703 Enclosed are two copies of a Memorandum of Understanding (MOU) for grant writing services, the application and a resolution relating to the above referenced project. At this Phone 319-235-0311 point, we are awaiting appropriation of funding for the State Recreational Trails (SRT) program by the Iowa Legislature. If approved, it is possible that applications will be due Fax 319-235-2891 to the Iowa Department of Transportation by July 1,2011 or shortly thereafter. We ask that you review these documents and, if acceptable, place them on the agenda of the next regularly scheduled council meeting for discussion and approval. Based on the most current cost estimate provided by AECOM, we intend to apply for $406,463.00, which represents 75 percent of the total costs. The city will be responsible for the 25 percent local match of$135,488.00. In addition, if the SRT funding award is lower than the amount requested,the city would be required to cover the shortfall in funding. If you have any questions or require additional information, please contact me at your earliest convenience. We look forward to working with you on this project. Sincerely, Kevin Blanshan Director of Transportation and Data Services enclosures Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 . RESOLUTION NO. 2011-526 RESOLUTION APPROVING MEMORANDUM OF UNDERSTANDING WITH IOWA NORTHLAND REGIONAL COUNCIL OF GOVERNMENTS AND DIRECTING EXECUTION OF SAID MEMORANDUM OF UNDERSTANDING BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Memorandum of Understanding dated June 13, 2011, at a cost of 1. 5 percent of grant award, with a maximum cost of $2, 000 . 00 if grant is successful, for grant writing services for a State Recreational Trails Fund Grant Application for the Cedar Valley Lakes Trail Enhancement and Water Trail Connection, by and between Iowa Northland Regional Council of Governments 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 13th day of June, 2011. Ernest G. Clark, Mayor ATTEST: (c.S Suzy Scha es, CMC City Clerk MI' CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT U CITY OF WATERLOO n n `^ ' I q Committee Communication t ' I - Building & Grounds Committee Meeting: June 6, 2011 Prepared: June 1, 2011 \,.______O Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Request for vacate and sale of city-owned property—former Westfield Avenue, abutting Winterbottom condominiums, for$1.00, plus costs. Submitted by: Noel Anderson, Community Planning & Development Director • Recommended City Council Action: We ask that the Building & Grounds Committee recommend the property sale be forwarded to full City Council. Summary Statement: The Winterbottom Condominium Association is requesting the City of Waterloo vacate, sell, and convey the portion of Westfield Avenue abutting their site. With the relocation and reconstruction of the West Commercial Street portion in this area, the main thoroughfare in this area was changed from the portion they are requesting. It would appear the portion is no longer needed for Fa_t:r,v,(Ali ) current or future city purposes, but would rather best be utilized by the association as a parking area. The association has documented costs of surveying, need for an easement to be retained, repairs planned, and loss of past parking to meet the Sale of Property Policy requirements for the reduction of the original asking price of$5,991.59. Staff felt it best to go to Building & Grounds Committee first to discuss the reductions being calculated, to ensure they all qualify prior to going to full City Council. The reductions from original asking price of$5,991.59: 1. Easement over entire area — reduce by 50% ($2,995.80) 2. Cost of survey as staff was unable to write a legal description for site - $970 ($2,025.80) 3. Loss of 12 parking stalls from former street frontage — new street does not allow parking - $923.01 ($1,102.79) 4. Plans for improvements needed as street is reportedly in disrepair - $1,600 ($1.00) ( 11 Y W F BSI-1 L;_ www.ci.'hartrloo.ia.e. ___— F RE WORKING FOR 'COI ( .IlliTER� , ArsgUi C)n xtunit AHnr o'l e Ar4I ,)PrttI-. '' ,/ Note —the Association notes further improvements planned which have not been included in the above, such as — snow clearance from area for past 2 years, landscaping plans, signage needs, etc. (see attached) Expenditure Required: NA Source of Funds: NA Policy Issue: Sale of Property Alternative: Not sell land Background Information: The Winterbottom Condominium redevelopment has been a great redevelopment for the City of Waterloo, and this portion of roadway does not appear to be needed for present and/or future city needs. It would appear best to vacate and sell the portion to the condominium association for a well designed project at their site, as well as bring additional taxes to the City of Waterloo by conveying this property into private ownership. January 4,2010 REQUEST: Request by Westfield Lofts Condominium Association to vacate a 12,618.9 SF of former Westfield Avenue right-of-way located between West Jefferson and West Commercial Streets, directly west and adjacent to 25 West Commercial Street. APPLICANT: Westfield Lofts Condominium Association, 25 West Commercial Street, Waterloo, IA 50701 GENERAL The applicant is requesting to vacate the 12,618.9 SF piece of DESCRIPTION: right-of-way in question for the purpose of incorporating the land in question with the property they own at 25 West Commercial Street. The City has requested that the entire portion of right-of-way be vacated, and at this time, the City would retain ownership of the smaller parcel of former Westfield Avenue right-of-way, and grant the necessary easements to the abutting property owners. IMPACT ON NEIGHBORHOOD & The request would not appear to have a negative impact on the SURROUNDING surrounding neighborhood. LAND USE: VEHICULAR & PEDESTRIAN The request would not appear to have a negative impact on TRAFFIC vehicular or pedestrian traffic movements in the area. There is CONDITIONS: sidewalk that extends south and west along the south side of West Commercial Street towards Highway 218. RELATIONSHIP TO RECREATIONAL The Trolley Trail starts near the intersection of River Road and TRAIL PLAN: West Commercial Street, directly north of the site in question. The Sergeant Road Trail is located at the intersection of West Jefferson Street and Westfield Avenue. ZONING HISTORY Approximately the southeasterly half of the piece of ground in FOR SITE AND question abutting 25 West Commercial Street is zoned "C-2" IMMEDIATE VICINITY: Commercial District, and it has been zoned as such since August 2000, when it was rezoned from "M-2" Heavy Industrial District. The other half of the right-of-way facing towards closest to the intersection of West Commercial/West Jefferson Streets and River Road is zoned "M-2,P" Planned Industrial District, and was rezoned as such in November 2006 from "M-2" Heavy Industrial District. North — Cedar Valley Tech Works and Manatt's Concrete, zoned "M-2,P" Planned Industrial District and "M-2" Heavy Industrial District respectively. South — US Bank, former Happy Chef restaurant and former Grand Hotel, zoned "M-1" Light Industrial District. East —Westfield Avenue Lofts, zoned "C-2" Commercial District. West— Cedar Valley Tech Works, zoned "M-2,P" Planned Industrial District. Vacate Westfield Ave RoW—25 W Commercial Page 1 of 4 27 January 4,2010 DEVELOPMENT The surrounding area is comprised of heavy industrial uses, with HISTORY: John Deere's Westfield Avenue site being located directly to the west. Also, the Cedar Valley Tech Works is located directly to the west, and work is currently ongoing at that location as additional redevelopment occurs at that site. BUFFERS/ SCREENING No buffers or additional screening is needed with this request. REQUIRED: DRAINAGE: Vacation of the right-of-way would not appear to have a negative impact on drainage in the area. FLOODPLAIN: The property is located within the Zone-B, 500-year floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map 190025 0004, dated July 3, 1985. PUBLIC /OPEN The RiverLoop Exposition area is located approximately 1/2 mile to SPACES/ SCHOOLS: the southeast at the intersection of Jefferson Street and West Park Avenue. The Cedar River is approximately 300 yards north of the site in question. UTILITIES: WATER, There is a 12" water main located within the center of the right-of- SANITARY SEWER, way in question. A 30" storm sewer line is located near the west STORM SEWER, ETC property line that abuts Tract "G" of Tech Works Addition. An 8" sanitary sewer line is located within the eastern half of the right-of- way. If the right-of-way is vacated, the Engineering Department is recommending that an easement be retained over, under and upon the entire area. RELATIONSHIP TO The Future Land Use Map (February 3, 2003) designates the area COMPREHENSIVE as Industrial. The proposed vacate would be consistent with that LAND USE PLAN: designation. The site is located within the Primary Growth Area. STAFF ANALYSIS — The applicant is requesting to vacate all of the former Westfield ZONING Avenue right-of-way between West Jefferson and West ORDINANCE: Commercial Streets, however, only convey approximately 0.29 acres located next to 25 West Commercial Street. The applicant owns the condominiums directly next to the right-of-way in question at 25 West Commercial Street. Vacation of the right-of-way would not appear to have a negative impact upon the surrounding area, as it would appear that the area would not be needed for any future public right-of-way purposes. Westfield Avenue previously traveled over the right-of-way in question before West Jefferson Street, West Commercial Street and River Road were reconfigured as a part of the Cedar Valley Tech Works project. Currently, Westfield Avenue ends at West Jefferson Street, whereas previously, Westfield Avenue used to wrap around the north side of 25 West Commercial Street and connect into former River Road near the Manatt's Concrete Plant. The submitted vacate plat shows a 12" water main near the center of the ground in question, running from West Jefferson Street to West Commercial Street. A 12" water main also runs along the far Vacate Westfield Ave RoW—25 W Commercial Page 2 of 4 28 January 4,2010 north portion of the right-of-way abutting West Commercial Street. The plat shows 20'wide water/utility easements being retained over these water lines. There is also a 30" storm sewer that runs near the west line of the right-of-way, near Tract "G" of Tech Works Addition. An 8" sanitary sewer line runs near the east line of the right-of-way in question near 25 West Commercial Street. The Engineering Department has reviewed the vacate plat and has noted that they would prefer to have an easement retained over the entire piece of right-of-way after it was vacated rather than having multiple easements upon the lot. Staff has contacted the applicant's surveyor to make them aware of the situation, and the surveyor has indicated that he would make contact with the condo association's chairperson in regards to the full easement request by the City. Also, before the vacate request would be forwarded to the City Council, the applicant would need to an "Intent to Vacate" form signed by the abutting property owner that owns Tract "G" of Techworks Addition. The Sale of City Property Policy does allow for abutting property owners to claim right-of-way that abuts their land if a vacate process is initiated, or, they could decline. The City has also requested that the remaining right-of-way between West Jefferson Street and the parcel of ground the applicant is requesting to vacate also be vacated. It has been a standard policy by the City that when right-of-way is vacated, that the entire portion be vacated so that small stubs or portions of right-of-way are not remaining, and the right-of-way has a consistent width. This additional area is also not needed for public road purposes, and is only needed for private access of the adjoining property owners, which includes the applicant and Cedar Valley Tech Works. Vacating will ensure that the City will not be responsible for future maintenance of a private drive. The City could retain ownership and grant access easements to the 2 abutting property owners, or convey the land to 1 of the 2 abutting property owners, and with an agreement on access and maintenance of the piece of property between the 2 abutting property owners. The applicants intend to use the piece of ground after it is vacated for parking purposes, as there is a very limited amount of space for parking on the site. STAFF ANALYSIS — SUBDIVISION There is no platting required for this request. ORDINANCE: Vacate Westfield Ave RoW—25 W Commercial Page 3 of 4 29 January 4,2010 STAFF Therefore, staff recommends that the request to vacate all of RECOMMENDATION: former Westfield Avenue right-of-way between West Jefferson and West Commercial Streets, and convey the 12,618.9 SF area of right-of-way west of 25 West Commercial Street be approved for the following reasons: 1. The request would not appear to have a negative impact on the surrounding area. 2. The request would not appear to have a negative impact upon pedestrian or vehicular traffic conditions within the surrounding area. 3. It would appear that the right-of-way is no longer needed for any current or future right-of-way purposes. Subject to the following condition(s): 1 . That an easement be retained over, under and upon the entire area to be vacated. 2. That the applicant obtain a signed "Intent to Vacate" form from the abutting property owner to the north and west, indicating if they have do or do not have an interest in purchasing the right-of-way abutting their property. Vacate Westfield Ave RoW—25 W Commercial Page 4 of 4 30 Request to Vacate a portion of Westfield Avenue right-of-way �4'- directly to the north and west of 25 West Commercial Street - -2 - � oaa _ Area requested — ,- -,4 to be vacated . ' _ .a Y m ,- Area to be vacated and retained by the City / d' IIi� o sfco j .--144111111 pry--. . -. _ % , 25 �. �W * - m W. CommercialSt gt F- - m - ,_ _ __ F _..._ mr �y =ate _: _, __. _a„__ ._, .,_ _...,a_,. a .. ._,. .„ , ,, ,. , _ ... .,._ _ ,__ __ __.pa,_ _a,. _____ ,, „,„„,,. _____ ,,, _ _. _,._ _, _ _ \Oe5`i\ d P -- jilf- e 63 i - y � 150 75 0 150 i Feet r KIRK 0. ESCHLIMAN, P.L.S., IA. LIC. NO. 9961, 819 SYCAMORE STREET. WATERLOO. IA. 50703-4729 PHONE: 319-234-0509 FAX: 319-236-3597 PLAT OF SURVEY / ate. /' 4, o ��o� c 4;. ii ��n6,,,.7,,...4v, a 43. { 194 eV O� �,21- \ `. / AS J ry t, ,, ..5_ lv P4;-i `�6'z ^ tea 011 rel e L2��`.,0„, 4�„ 'k•,,4 sn..10," ..ti....i y zl : : q ,cr e Q• °7. may' b N ____/ • • \�/ w � r �mk • b` 4o`j s a^ Sy { • gy a,' ' a. ' ti) 14 m.,�y` Q+N� hb°a u.° / tA mil^ p A, �y�pgV► Os r 4 \ j OS • g a(P ,8 �4%'� fl 11os. I. 2 if �lk�,o �4. *`r a. 9�.4 a , k, ''m,'b, 0 1 4. , ' ������� 1. 1.1, � ''' LOT 28 •ti •���' 't'sN AUDITOR'S FALLS AVE. Sc 4�`5`S� MULLEN AVE. PLAT Ed THIS PLAT OF SURVEY d STREET VACATION/DIVISION OF LAND HAS BEEN REVIEWED BY ME CITY OF WATERLOO STAFF AND APPROVED. LEGAL DESCRIPTION: ZONING ADIRNIMIRATOR ACNATUIE(at DESIGtEE): DATE: (SEE ATTACHMENT: EXHIBIT "A") I J ,I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT ^=,••„ CURRENT OWNER: CITY OF WATERLOO WAS PREPARED AND THE RELATED SURVEY WORK WAS •pa1r^:°Y'd,:-:, IOWA I PERFORMED BY ME OR UNDER MY DIRECT PERSONAL .s( \ PER, BLACK HAWK COUNTY RECORDER'S I SUPERVI • • , AT I AM A DULY LICENSED LAND = + Kirk D. i'; ' OFFICE:(1992)C.LD. BOOK 631,PALE 058 GRAPHIC SCALE •SUR -O' ••• OF THE STATE OF IOWA. €*i EechBman:*j 'ib •.-k 9961 FOR:WESTFELD LOFTS CONDOMINIUM ASSOC, 0 40 BO I�' 'W - 1' ;, '�N� 25 WEST COMMERCIAL STREETI . "W LO fe ! WAIERL00.IOWA 50701 ran•,„T1 Inch = 40 Ft. 1 KIRK D. ESCHLIMAN, P.L S. IOWA LIC. NO. 9961 �"" MY LICENSE RENEWAL DATE IS DECEMBER 31, 2011 rws r..i n Nm csnurco 1.REQ. BY: MARC OBIAllO,AGENT M R .;.• � snrn.ivnni=ScaN��rs I YESIDELD LOFTS CCNDCNNE N AESOC DENOTES ASSUMEDEBEARING i PAGES OR SHEETS COVERED BY THIS 9CNANRE&SEAL SHEET I d 2 OF 1 '0" DENOTES MONUMENT FOUND - � E7� p INC. OAIE OF FIELD MARK DECEMBER 03 201E O" DENOTES MONUMENT SET S S ST., ASSOCIATES, INC. LNG DA1L II/16 42 RO�EC BNO.: 1D0C'O (0.00')DENOTES FIELD DIMENSION E r 819 SYCAMORE WATERLOO, IOWA 50703-4729 PHONE: (319) 234-0509 CARD FILE IOC ATTACHMENT: EXHIBIT "A": LEGAL DESCRIPTION: A SURVEY OF PARCEL "M" OF THE SOUTHEAST QUARTER (SE 1/4), SECTION 23, TOWNSHIP 89 NORTH (T89N), RANGE 13 WEST (R13W), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CURRENT SOUTHERLY RIGHT OF WAY LINE OF WEST COMMERCIAL STREET AND THE NORTHERLY RIGHT OF WAY LINE OF WES MELD AVENUE, FORMERLY KNOW AS MILES STREET, SAID INTERSECTION IS THE MOST EASTERLY CORNER OF TRACT "G" OF THE TECHWORKS ADDITION TO SAID CITY OF WATERLOO; THENCE S53°01'36"E 127.00 FEET TO THE END POINT OF A CURVE ALONG PARCEL "C" AS RECORDED IN DOCUMENT NO. 2005 17852; THENCE SOUTHWESTERLY 24.24 FEET ALONG 23.75 FOOT RADIUS CURVE CONCAVE SOUTHEASTERLY WITH A LONG CHORD BEARING S78°04'00."W 23.20 FEET ALONG SAID PARCEL "C", TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF WEST COMMERCIAL STREET AS ORIGINALLY PLATTED; THENCE N49°00'30"W 2.25 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE TO THE INTERSECTION WITH THE SOUTHERLY LINE OF WESTFIELD AVENUE AS PLATTED; THENCE S60°03'48"W 144.01 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF WESTFIELD AVENUE TO THE NORTHEAS I'ERLY CORNER OF PARCEL "D"; THENCE S59°48'31"W 10.60 FEET ALONG SAID SOUTHERLY RIGHT OF WAY LINE OF WESTFIELD AVENUE TO THE NORTHWESTERLY CORNER OF SAID PARCEL"D"; THENCE N14°37'39"W 68.36 FEET ACROSS WESTFIELD AVENUE TO THE SOUTHEASTERLY CORNER OF SAID TRACT "G" OF THE TECHWORKS ADDITION;THENCE N39`14'56"E 117.20 FEET ALONG THE SOUTHERLY LINE OF SAID TRACT"G", AND THE NORTHERLY LINE OF WES MELD AVENUE, TO THE POINT OF BEGINNING, CONTAINING 12,618.9 SQUARE FEET, OR 0.290 ACRES, OF WHICH 6,236.4 SQUARE FEET IS SUBJECT TO PUBLIC UTILITY EASEMENTS. THIS DESCRIPTION HAS BEEN WRITTEN FOR THE VACATING OF THE PUBLIC RIGHT OF WAY NOW KNOWN AS WESTFIELD AVENUE, AND THE DISPOSITION OF SAID EXCESS RIGHT OF WAY. THE TOTAL SURVEY AREA: 12,618.9 SQUARE FEET MAY ALSO BE DIVIDED AS FOLLOWS: 7,863.6 SQUARE FEET LIES IN THE SOUTHEAST QUARTER(SE 1/4), AND 4,755.3 SQUARE FEET LIES IN THE SOUTHWEST QUARTER (SW 1/4), ALL IN SECTION 23, TOWNSHIP 89 NORTH (T89N), RANGE 13 WEST (R13W), WITHIN THE CITY OF WATERLOO,BLACK HAWK COUNTY, STATE OF IOWA. 33 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319)291-4366 u offer to •4 ?catk and idpt-ci unv Rinht_rl_\ av ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City-Owned Property Applicant: Westfield Lofts i r.+i,-minium .Associatitm Address: West Commercial `- Phone: -23I-08',: General Description of Property to Vacated(i.e.-alley between A St. &B St.,South of C St.): .1 i ; Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s)shall be made as follows(checks payable to City of Waterloo): • Rieht-of-uav vacation -C)ne Hundred Dollar 4100( O Filinf2, • 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): <'uncut Assessed Value:Per 1,4.1 .• , • Deductions • May decrease price by 50%for area located within an easement: 5 1.480 5 . _ • 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): Asking price-Deductions=Value of Property: Offer Price for Entire Area: : . .7ii I 4); Note:The above information is a summary of the Sale of Property Policy(see attached).Ail requests to vacate and purchase City right-of-way must be accompanied by a signed"Intent to Vacate"form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3.Publication and Recording Fees*: At the time a buyer(s)has been selected,all publication costs and recording fees must be paid by the applicant.Applicant shall be responsible for collecting from other buyers. 4.Easement*:The following easement shall be retained: 5. Other:Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. Applicant:Kirk D.Eschliman,PLS:as Agent Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements tnrnn_vArATP_Ann_nl ,+r 34 Vacate—West of 25 West Commercial Street Looking north from West Jefferson Street Looking north from West Jefferson Street at 25 West Commercial Street. at the portion of right-of-way in question. r• -... ram- ....� ti � --_' -- -�.. • -fir.:: _ ,. -_ - a - .� ' r- "sor ue �!r Looking south from West Commercial Looking at the existing parking lot that is Street at the portion of right-of-way in directly south 35 West Commercial Street. question. This parking lot is owned by Cedar Valley Tech Works. 35 Westfield Condominium Association 25 West Commercial Street Waterloo, Iowa 50701 February 21, 2011 RE: Offer to Vacate and Purchase Public Right of Way Application to City of Waterloo,Black Hawk County, State of Iowa Noel Anderson, City Planner: Reviewing the study and Plat completed by Kirk D. Eschliman, P.L.S. on January 6, 2011, a total land value of$2,995.80 has been assessed to the combined parcels C and M, for which the offer to vacate has been requested. The Westfield Condo Association would like to propose purchase price of$1 for parcels C & M in question, due to the following concerns: - The asphalt surface was left in a state of disrepair during road construction, and is broken and incomplete. This will require attention. Quotes to repair this are being collected, now that the snow has cleared, but will be in excess of the value of the land. - The association had access to 6 or 7 parking spaces along the original road configuration, which are no longer available for our use. - The main lobby and buzzer system to the building is no longer easily accessible from any parking,making directions to access the building difficult. Modifications or signage will be required to direct visitors to the front lobby. - The condo association has been maintaining and clearing the snow from this area for the past 2 years, and will continue to maintain this area in the future. - The association has plans to landscape adjoining areas to help improve the overall region. - The survey work required to complete this request. Based on the circumstances listed above,the association has chosen to make such a request so that the funds that would be used to purchase the land in question would be used to invest into the property, and improve the area. Please review this proposal and let me know if additional information is required. Regards, Westfield Condominium Association Marc Del Rizzo, Condominium President 319-231-0828 • Page 1 of 2 NOEL ANDERSON From: NOEL ANDERSON Sent: Tuesday, May 31, 2011 11:37 AM To: 'Del Rizzo Marc'; 'Terri Walker' Cc: ARIC SCHROEDER Subject: Westfield portion vacate Marc, Teri - Sorry for delay in getting this back to you, I wanted to explore all of the options we had discussed in your work to vacate and acquire the portion of street that would be best used as a parking lot for the condominium association. On your submitted form to vacate , sell and convey: The asking price, as determined by the average assessed value of land of abutting and/or adjacent land, is $5,991.59. This was determined by an average price per square foot from the other abutting parcels of $0.4748 per square foot, for a the approximate 12,618.9 sq. ft. parcel (0.28969 acres). The area to be vacated will need an easement over it due to water and other potential infrastructure underneath, so it is reduced by 50%, to put a new price of$2,995.80. The cost of survey, $970.00, is an eligible deduction as well, as it was needed to legally describe the area for sale purposes, further reducing the asking price to$2,025.80. We had been asked to review the loss of parking that was previously available to the condominium association, but lost through the new street configuration and reconstruction. This was asked to be included primarily because the main reason for the association to want to vacate and acquire the parcel described was to"gain back" parking lost as a part of the street project. We have determined that approximately 12 parking spaces were lost due to the new street alignment and layout. A typical parking space is 9' by 18' (per the Waterloo Zoning Ordinance requirements), and thus if we agree that those are allowed to be included as a deduction, that would be an amount--at$0.4748 per square foot--of$923.01 (9' by 18' equals 162 sq. ft., times 12, equals 1,944 sq. ft., times $0.4748, equals $923.01). This would further reduce the asking price last calculated of$2,025.80 by the$923.01 number to$1,102.79. Please let me know how you wish to proceed. I recommend we go to the Building & Grounds Committee first, to determine they approve of all the deductions as described, so we can go to full Council with a recommendation of approval. thanks, Noel Noel Anderson Community Planning & Development Director City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Phone 319.291.4366 Fax: 319.291.4262 Cell: 319.290.6357 "Can't fail is arrogance. Won't fail is confidence."- Sir Arthur Conan Doyle 5/31/2011 Page2of2 • From: PATTIE MAGEE Sent: Tuesday, May 31, 2011 10:06 AM To: NOEL ANDERSON Subject: emails Pattie Magee I Administrative Secretary City of Waterloo Planning&Zoning 715 Mulberry Street Waterloo,IA 50703 ph 319.291.4366 fx. 319.291.4262 panic.magee@waterloo-ia.org 5/31/2011 Page 1 of 10 NOEL ANDERSON From: NOEL ANDERSON Sent: Tuesday, May 31, 2011 4:13 PM To: 'Del Rizzo Marc'; TIM ANDERA Cc: Terri Walker;John Walker; Dick Jenney; Ken Nelson Subject: RE: 25 W. Commercial-Winterbottom Lofts Survey(10000) Marc-the Sale of Property Policy does allow you to count improvements towards the land purchase price as well. Based on the information below and in your previous email (I had seen the previous email before but needed some hard figures to be able to put against the policy requirements)the additional$1,600 alone would put you at the requested amount of$1.00. I would recommend we forward to Building&Grounds with the attachment and explanations from these emails. Please confirm and we will forward to Building &Grounds for the June 6th meeting, so we can move onto full Council after that. thanks, Noel Noel Anderson Community Planning&Development Director City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Phone 319.291.4366 Fax: 319.291.4262 Cell: 319.290.6357 "Can't fail is arrogance. Won't fail is confidence."-Sir Arthur Conan Doyle From: Del Rizzo Marc[mailto:DelRizzoMarcA@JohnDeere.com] Sent: Tuesday, May 31, 2011 11:50 AM To: NOEL ANDERSON;TIM ANDERA Cc:Terri Walker;John Walker; Dick Jenney; Ken Nelson Subject: FW: 25 W. Commercial - Winterbottom Lofts Survey(10000) FYI From: Kirk D. Eschliman, P.L.S. [mailto:kirk@kess-survey.com] Sent: Friday,April 15, 2011 2:07 PM To: Del Rizzo Marc Cc:Terri Walker Subject: RE: 25 W. Commercial -Winterbottom Lofts Survey(10000) Marc, Was nice meeting with you again this noon. Have talked with Dennis Gentz, P.E.,Asst. City Eng. regarding work on the parking area. The City would like to review the plans, but sees noe real issue with redoing the surface as we discussed. One of those fine lines, a little bit of work is ok, but if we go to far, then redesign the whole thing. Personally I think we will be fine.As discussed. Site plan with grades, and elevations to dress up the current surface(Improve the appearance of the 5/31/2011 Page 2 of 10 • parking) Not to Exceed cost: $1,600.00, completed in 18 days. If you have any questions, please call. Thanks. Sincerely, Kirk D.Eschliman,P.L.S. President/CEO Cell: 319-269-9762 email:kirk@kess-survey.com KESS&Associates,Inc. 819 Sycamore Street Waterloo,Iowa 50703-4729 Office:319-234-0509 Fax: 319-236-3597 Original Message From: Del Rizzo Marc[mailto:DelRizzoMarcA@JohnDeere.com] Sent: Tuesday,April 12, 2011 9:36 AM To: Kirk D. Eschliman, P.L.S. Cc:Terri Walker Subject: RE: 25 W. Commercial -Winterbottom Lofts Survey(10000) Kirk, Looks like we need a site plan in order to get quotes to complete the parking area. Two questions: Do you provide this service,and if you do, how much would we expect to pay for such a plan. Thanks, Marc Del Rizzo 319-231-0828 From: Kirk D. Eschliman, P.L.S. [mailto:kirk@kess-survey.com] Sent: Monday,January 10, 2011 1:15 PM To: Del Rizzo Marc Subject: RE: 25 W. Commercial -Winterbottom Lofts Survey(10000) Marc, Should be here till about 6:30 Sincerely, Kirk D.Eschliman,P.L.S. President/CEO Cell: 319-269-9762 email:kirk@kess-survey.com KESS&Associates,Inc. 5/31/2011 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 . RESOLUTION NO. 2011-527 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE PROPOSED DEVELOPMENT AGREEMENT WITH WESTFIELD LOFTS CONDOMINIUM ASSOCIATION TO SELL AND CONVEY FOR $1 . 00, PLUS COSTS, APPROXIMATELY 12, 618 . 90 SQUARE FEET OF THE FORMER WESTFIELD AVENUE RIGHT-OF-WAY GENERALLY LOCATED BETWEEN WEST JEFFERSON AND WEST COMMERCIAL STREETS, DIRECTLY WEST AND ADJACENT TO 25 WEST COMMERCIAL STREET, AS JUNE 27, 2011, AT 5 : 30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS : Section 1 . That the Council of the City of Waterloo, Iowa shall meet at City Hall Council Chambers in the City of Waterloo, Iowa at 5 : 30 p.m. on the 27th day of June, 2011, for the purpose of considering and acting upon a proposed Development Agreement with Westfield Lofts Condominium Association to sell and convey for $1 . 00, plus costs, approximately 12, 618 . 90 square feet of the former Westfield Avenue right-of-way generally located between West Jefferson and West Commercial Streets, directly west and adjacent to 25 West Commercial Street, and legally described as follows : A survey of Parcel "M" of the Southeast Quarter (SE 1/4) , Section 23, Township 89 North (T89N) , Range 13 West (R13W) , in the City of Waterloo, Black Hawk County, State Of Iowa, more particularly described as follows : Beginning at the intersection of the current Southerly right of way line of West Commercial Street and the Northerly right of way line of Westfield Avenue, formerly know as Miles Street, said intersection is the most Easterly corner of Tract "G" of the TechWorks Addition to said City of Waterloo; thence S53°01 ' 36"E 127 . 00 feet to the endpoint of a curve along Parcel "C" as recorded in Document No. 2005 17852; thence Southwesterly 24 . 24 feet along 23 . 75 foot radius curve concave Southeasterly with a long chord bearing S78 °04 ' 00"W 23 . 20 feet along said Parcel "C", to a point on the Southerly right of way line of West Commercial Street as originally platted; thence N49°00 ' 30"W 2 . 25 feet along said Southerly right of way line to the intersection with the Southerly line of Westfield Avenue as platted; thence S60003 ' 48"W 144 . 01 feet along said Southerly right of way line of Westfield Avenue to the Northeasterly corner of Parcel "D"; thence S59°48 ' 31 'W 10 . 60 feet along said Southerly right of way line of Westfield Avenue to the Northwesterly corner of said Parcel "D"; thence N14 °37 ' 39"W 68 . 36 feet across Westfield Avenue to the Southeasterly corner of said Tract "G" of the TechWorks addition; thence N39°14 ' 56"E 117 . 20 feet along the Southerly line of said Tract "G", and the Northerly line of Westfield Avenue, to the point of beginning, Resolution 2011-527 Page 2 containing 12, 618 . 9 square feet, or 0 . 290 acres, of which 6, 236. 4 square feet is subject to public utility easements . This description has been written for the vacating of the public right of way now known as Westfield Avenue, and the disposition of said excess right of way. The total survey area: 12, 618 . 9 square feet may also be divided as follows : 7, 863 . 6 square feet lies in the Southeast Quarter (SE 1/4) , and 4, 755 . 3 square feet lies in the Southwest Quarter (SW 1/4) , all in section 23, Township 89 North (T89N) , Range 13 West (R13W) , within the City of Waterloo, Black Hawk County, State of Iowa; Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 13th day of June, 2011 . Zale* 12"Ati Ernest G. Clark, Mayor ATTEST: Suzy Schar , CMC City Clerk • .4 CITY OF WATERLOO , IC3W �.... -�.r. COMMUNITY PLANNING AND DEVELOPMENT' �f wwnw- rlt b. lO v 9 55070.E 578'3 • (3 1 ) ,- 1:- 1 i0 (i 00 2,4 i_q 1 3 CITY OF WATERLOO g-96 l Council Communication City Council Meeting:June 6, 2011 �y Prepared:June 13, 2011 Dept.Head Signature:Noel Anderson Community Planning&Development Director tj f; #of Attachments: 3__ SUBJECT:To set a date of public hearing on the sale of 318 W. 12th Street for$1.00 plus costs and '' l development agreement to Campbell Brothers Enterprises L.L.C. Submitted by: Noel Anderson Recommended City Council Action:To set a date of public hearing on the sale of 318 W. 12th Street for $1.00 plus costs and publish an official notice pertinent to the requested sale. Summary Statement Campbell Brothers Enterprises has submitted an application to purchase home at 318 W. 12'Street that was recently acquired by the city through the 657A process.The applicants have asked to purchase the property for$1.00 in exchange for demolishing the existing dilapidated home.The applicant i plans to expand the business Campbell Supply at 325 W. 11'Street. It is there intention to build a new "' storage building on the site; exact size not determined at this time.The property in question is zoned "M-1" Light Industrial therefore, the intented use by Campbell Supply would be a permitted use in the "M-1" Light Industrial District, therefore no rezoning would be needed. PFi The 2011 assessed value of the property is$61,000 including the house and land, and an estimated demolition cost of$7,500, and an approximate asbestos survey and removal cost of$1,000 to$4,000, that l l ; _,{0(the city would have occurred.Therefore, staff feels that the request meets the Sale of City owned Property Policy.A development agreement will be signed by applicant to ensure the structure is demolished in a timely manner of 12 months. Expenditure Required N/A Source of Funds N/A Policy Issue Dilapidated Housing/Infill Development Alternative Put property out for bid. Background Information:The City of Waterloo has been working to address the state of disrepair of the property through out the city using Iowa Legislation(657A) that allows cities to take possession of dilapidated and abandoned homes.The City acquired the property in 2009 through Iowa Code 657 A The home has since been torn down and is now being offered for sale. E;BSI [E: www.ci.watell� o.i t t s R) WORKING FOR YOU Vwnres:a� Equ91 1rpnrtunity:Affin1dtive Ault_n Finploye:r I111111I NIIII III IIIII IIIII IIIV I1II VIQ IVII III IIII IIIII IIIII IIIII IIII III Doc ID: 004434250002 Type: OEN Kind: DEED Recorded: 04/06/2011 at 11:10:10 AM Fee Amt: $19.00 Page 1 of 2 Revenue Tax: $0.00 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER Flle2011-00019227 Coo p • IN THE IOWA DISTRICT COURT FOR BLACK HAWK COUNTY 2111 APR -5 AM 10: 15 CITY OF WATERLOO,IOWA, ) • CLLTi( OF OiSCRIC CDGR 42-6005327, ) LLACK tll,(4''I; GOIJ lTY. !MI;. ) Petitioner, ) No.EQCV113925 ) vs. ) ) ORDER JOLANTA BANKOWSKA; ) Respondent. ) NOW on this 5th day of Auril,2011,this matter comes before the Court as scheduled for hearing. Present is David R.Zellhoefer representing the Petitioner, City of Waterloo, Iowa.No other attorneys appear. The Court notes that proof of service on the Respondent has been shown. The Petition and Original Notice were posted on the property located at 318 W. 12th Street by the Black Hawk County Sheriff's Office on September 14, 2010. Notice by certified mail was obtained on Respondent, Jolanta Bankowska, as shown by Proof of Service filed with this Court September 20,2010. This Petition was filed September 10,2010.It alleges that the property located at 318 W. 12th Street in Waterloo,Iowa,and legally described as: Lot 10, Block 42, Original Plat, Waterloo West, Black Hawk County,in Waterloo,Iowa; • is an abandoned, vacant and dilapidated building within the meaning of Iowa Code Section 657A.10A(3). Testimony was taken from City of Waterloo Code Enforcement Officer Barry Stratton and photographs were admitted into evidence showing the condition of 318 W. 12th Street as of the date of the hearing. The Court notes that the City filed its Application for Hearing Date on November 12, 2010. The Respondent has been given almost five months to either repair the building or tear down the building.No repairs have been made to the building,no permits have been taken for its demolition or further repairs, and the building stands as it was at the time of the filing of the Petition. THE COURT MAKES THE FOLLOWING FINDINGS OF FACT: 1. That 318 W. 12th Street is a residence located in Waterloo, Iowa. There are no utilities or water being provided to the property.The property is unoccupied and has been vacant for a number of years.It does not meet the City's housing code for being fit for human habitation Z Aga' RS • or occupancy. The building is partially open and has been exposed to the elements. This has made it deteriorate substantially. There are broken windows, black mold, and a large presence and accumulation of uncut vegetation on the property. • 2. That because of the findings of fact made above, the Court determines that the property is an abandoned building pursuant to Iowa Code Section 657A.10A. 3. That the Respondent has not appeared or answered in this matter and is to be hereby found in default. IT IS,THEREFORE,ORDERED,ADJUDGED AND DECREED,that the property cited above is an abandoned property pursuant to Iowa Code Section 657A:10A;judgment is hereby ordered in favor of the Petitioner, City of Waterloo, Iowa, and the Court hereby awards title of • this property to the City of Waterloo,free and clear from any liens and encumbrances.The Clerk shall notify the Black Hawk County Treasurer's,Auditor's, and Recorder's Offices, so that they may take note of this Order and adjust their records accordingly.Court costs shall be taxed to the. - Petitioner. Judge of the trst Ju ci District of Iowa • David F. Staudt District Judge,First Judicial District • • V UBlaco cmr4 dme o s let Court�I and fcr Cep" mailed or delivered to )fty,Iowa heretry,ceend PI trot l�r tr' laaiue,coectand tly 'r,7rIIhec{rr CC J instrument horofIlth - G^�, tty of record In the Office of the. G;3trictCourt In and for Black _ Hs.;:;Cc_ay,lava this day C; 47 P,:iy of April ,20_I I . f'.._...r CLACKHAWK COUNTY CLERK OF DISTRICT COURT ---. By;vnh ryle srdlauc Designee t:ialhatf 4/O5/II Printable Map Output Page 1 of 1 Black Hawk Coun Parcel Ma• Parcel ID: 8913-25-333-007 Deed Holder: CITY OF WATERLOO Parcel Address: 318 W 12TH ST, WATERLOO, IA 50702 Ate Loa.w +. - rr- i , _ F sei.ceo Y•roma�m f } 9Q +•' Fe.e..• rc•aumo_ t Jf `v ' 7, r ti R. -�. s,.a.q Slack wax co. -. . .r - � -114.'I ,. -gypx -,:£r 7p rzrta ..,ki ;s �"' 4,. 'ter y / cers---.:.:.i.''.4....:34):---- r +'i$ 94 es t '4 .�0 � ) _ , b i' ^�' ,I '; `mot` `f • - imnvNV ? r 7� ! $ }. 1tY riNi 4 R om'.i.l G t2 . ... { 'l+ l >h J Y T I. j {gi ! -_Jyt a ,� r. ' w •y; "+ti' j 1 ag I_M .�xodwana.d►+s.coeY.pnxtcl i�zaooi eswrd�81ft« Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street -ccuracy of the data delineated herein,either expressed or implied by Black Hawk County, aterloo,Iowa 50703-4774 he Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 information required for local government purposes.See the recorded documents for more E-mail:auditor•co.black-hawk.ia.us.or. .etailed le.al information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&C1... 6/8/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-25-333 007 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST PDF No. Map Area Contract Buyer CITY OWNED 4 CWTLO-09 WATERLOO, IA 50703-0000 Property Address Current Recorded Transfer 318 W 12TH ST Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50702-1125 4/5/2011 4/6/2011 2011 019227 D SALES BUILDING PERMIT Date Amount NUTC/Type Date Number Amount Reason 8/17/20101,125 SHERIFF OR TAX SALE / Deed 5/13/2003 WA 0413 9,319 Ext-Remodel 2/27/1 985 1 5,000 TRANSFER TO/BY 8/21/2002 WA 1652 15,240 Roof ADMINISTRATOR, GUARDIAN CONSERVATOR, REFEREE, TRUSTEE, ETC. /Contract ASSESSED VALUES/CREDITS Year Class 2011 Proposed Values Subject to Board of Review Action R 100% Land Dwelling Building M/E Total Acres Value 4,880 56,220 0 0 61,100 0 Taxable Land Dwelling _Building -.M/E Total Value 4,880 56,220 0 0 61,100 Year Class 2010 R 100% Land Dwelling _Building M/E Total Acres Value 5,220 57,050 0 0 62,270 0 Taxable Land Dwelling Building M/E Total Value 2,533 _27,686 0 0 30,219 Year Class 2009 R 100% Land Dwelling Building M/E Total Acres Value 5,220 57,050 0 0 62,270 0 Taxable Land Dwelling Building M/E Total Value 2,449 26,762 0 0 29,211 Year Class 2008 R 100% Land Dwelling Building M/E Total Acres _ Value 5,220 57,050 0 0 62,270 0 Military Homestead Disabled Property Tax Agricultural Family Farm Credits Exemption Credit Veteran Credit Relief Credit Credit Credit Y Taxable Land Dwelling Building M/E Total _ Value 2,380 26,009 0 0 28,389 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325333007 6/8/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 TAX INFORMATION ASSESSMENT YEAR 2009 PAYABLE 2010/2011 Tax 941041 -WATERLOO RIVERFRONT UR TIF District Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 62,270 29,211 0 42.76081 $1,249.09 $1,250.00 Nocorp 0 0 0 0 $0.00 Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 LEGAL ORIGINAL PLAT WATERLOO WEST LOT 10 BLK 42 LAND Basis Front _Rear Side 1 Side 2 Lot Area Acres Front 140 140 60 60 0 8400 0.193 Foot Totals: 8400 0.193 DWELLING CHARACTERISTICS Type Style Single-Family/Owner Occupied 1 Story Frame Year Built Area Heat AC Attic 1897 942 Yes No 1/4 Finished Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 6 0 3 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring Stn Carp/Vinyl Exterior Walls Interior Finish Alum Plas Roof Asph / Gable Non-Base Floor/Wall Pipeless Handfired Space Heaters Heating 0 Plumbing-1 Full Bath 1< Style Area Porch 1S Frame Enclosed 36 1S Frame Enclosed 160 1S Frame Open 20 YARD EXTRAS Description Year Built Quantity Plot No. Extended Description FR GAR 12X18 1920 1 Quantity= 1, Units=Each, Height= 0 Sheds 1900 1 72 SF, Frame, Average Pricing http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325333007 6/8/2011 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 . RESOLUTION NO. 2011-528 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE PROPOSED DEVELOPMENT AGREEMENT WITH CAMPBELL BROTHERS ENTERPRISES L.L.C. TO SELL AND CONVEY FOR $1. 00, PLUS COSTS, CITY-OWNED PROPERTY GENERALLY LOCATED AT 318 WEST 12TH STREET, AS JUNE 27, 2011, AT 5: 30 P.M. IN CITY HALL COUNCIL CHAMBERS, WATERLOO, IOWA, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS : Section 1 . That the Council of the City of Waterloo, Iowa shall meet at City Hall Council Chambers in the City of Waterloo, Iowa at 5: 30 p.m. on the 27th day of June, 2011, for the purpose of considering and acting upon a proposed Development Agreement with Campbell Brothers Enterprises L.L.C. to sell and convey for $1 . 00, ptlus costs, city-owned property generally located at 318 West 12 h Street, and legally described as follows : Lot 10, Block 42, Original Plat, Waterloo West, all in the City of Waterloo, Black Hawk County, State of Iowa. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 13th day of June, 2011 . it:„A/ jai Ernest G. Clark, Mayor ATTEST: (Z2)L Suzy Schar s, CMC City Clerk CITY OF WA I'ERLOO Council Communication City Council Meeting: lune 13, 2011 Prepared:June 15, 2011 Dept. Head Signature: Suzy Schares # of Attachments: 4 SUBJECT: Renewal of Stop Loss Health Insurance Submitted by: Suzy Schares, City Clerk Recommended City Council Action: Resolution approving renewal of stop loss health insurance for a premium of$661,419.00 with Wellmark Blue Cross Blue Shield. Summary Statement: Approval of the premium is done on a yearly basis. Expenditure Required Source of Funds Policy Issue Alternative Background Information: Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 . RESOLUTION NO. 2011-529 RESOLUTION APPROVING ONE-YEAR RENEWAL AGREEMENT OF STOP LOSS HEALTH INSURANCE WITH WELLMARK BLUE CROSS BLUE SHIELD AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the one-year renewal agreement dated June 13, 2011, for stop loss health insurance for a premium of $661, 419. 00, 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 13th day of June, 2011 . ( e]:te.efa.°9d1_, Ernest G. Clark, Mayor ATTEST: • ,j. Suzy SChales, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting:June 13, 2011 Prepared: Tune 15, 2011 Dept. Head Signature: Suzy Schares # of Attachments: 2 SUBJECT: Memorandum of Agreement with Waterloo Community School District Submitted by: Suzy Schares, City Clerk Recommended City Council Action: Resolution approving Memorandum of Agreement with Waterloo Community School District to host the City's website on the District's server at a cost of up to $45.00 per month; and authorize Mayor to execute said document. Summary Statement: Waterloo Community School District has the ability and equipment to host the City's website on the District's server. The following websites will be hosted on their server for the City: City of Waterloo, Economic Development, Fire Rescue, Cable TV Expenditure Required: One-time setup cost of$650.00; $45.00 per month from July 1, 2011 to June 30, 2012 Source of Funds Policy Issue Alternative Background Information: Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 . RESOLUTION NO. 2011-530 RESOLUTION APPROVING MEMORANDUM OF AGREEMENT WITH WATERLOO COMMUNITY SCHOOL DISTRICT AND DIRECTING EXECUTION OF SAID MEMORANDUM OF AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Memorandum of Agreement dated June 13, 2011, at a one- time setup cost of $650 . 00 and a monthly cost of $45. 00, to host the City' s website on the District' s server, for the period July 1, 2011 to June 30, 2012, by and between the Waterloo Community School District 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 13th day of June, 2011. reLe.-4/112.42:4Z Ernest G. Clark, Mayor ATTEST: Suzy Schars, CMC City Clerk i'rki, CITY OF WATERLOO , IOWA iK�ligr' CITY CLERK AND FINANCE DEPARTMENT k---_ ,..... .. .. . 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 r/0\O� SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor 1 BUCK I �U CLARK leijir COUNCIL Council Communication MEMBERS City Council Meeting: June 13, 2011 Prepared: June 9, 2011 Dept. Head Signature: `2quiuCZ<_)--=/-�y DAVID Number of Attachments: None JONES Ward 1 CAROLYN SUBJECT: FYE2011 Sewer Revenue Refunding Bond Sale COLE Ward2 Submitted by: Michelle Weidner, Chief Financial Officer HAROLD GETTY Recommended City Council Action: I recommend that a resolution be Ward3 adopted directing the advertisement for sale of$1,785,000 Sewer Revenue QUENTINM. Refunding Bonds, Series 2011A and $4,590,000 Sewer Revenue Refunding HART Bonds, Taxable Series 2011B and approving electronic bidding procedures for Ward 4 the sales. RON SummaryStatement: As outlined inprior communications, we are planning 9 Ward 5 WEI,PER to refun the currently outstanding sewer revenue bonds in order to reduce the interest costs for the bonds. BOB GREENWOOD Expenditure Required: Sale expenses only. At-Large Source of Funds: Repayment of the bonds will be made from the sewer STEVE fund. SCHMITT A`-Large Policy Issue: None Alternative: None Background Information: None • CITY WEBSITE:www.cityofwaterIooiowa.com . WE'RE WORKING FOR YOU! • An Equal Opportunity/Affirmative Action Employer (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: June 13, 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: $1,785,000Sewer Revenue Refunding Bonds, Series 2011A. $4,590,000 Sewer Revenue Refunding Bonds, Taxable Series 2011B • Resolution directing the advertisement for sale and approving electronic bidding procedures. Such additional matters as are set forth on the additional 8 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of the governmental body. Suzy Scha s, City Clerk City of Waterloo, Iowa June 13, 2011 The City Council of the City of Waterloo, Iowa, met in regular session, in the Council Chambers, City Hall, 715 Mulberry Street, 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 1 Council Member Welper introduced the following Resolution entitled "RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $1,785,000SEWER REVENUE REFUNDING BONDS, SERIES 2011A, AND $4,590,000SEWER REVENUE REFUNDING BONDS, TAXABLE SERIES 2011B, APPROVING ELECTRONIC BIDDING PROCEDURES" and moved its adoption. Council Member Schmitt seconded the Resolution 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. 2011-531 RESOLUTION DIRECTING THE ADVERTISEMENT FOR SALE OF $1,785,000SEWER REVENUE REFUNDING BONDS, SERIES 2011A, AND $4,590,000SEWER REVENUE REFUNDING BONDS, TAXABLE SERIES 2011B, APPROVING ELECTRONIC BIDDING PROCEDURES WHEREAS, it is deemed necessary and advisable that the City of Waterloo, Iowa, should issue its Sewer Revenue Refunding Bonds to the amount of$1,785,000, as authorized by Section384.83of the City Code of Iowa, for the purpose of providing funds to pay costs of refunding and refinancing the Sewer Revenue Refunding Bonds, Series 2004A, dated August 2, 2004, and WHEREAS, pursuant to notice published as required by Section384.83 of the City Code of Iowa, a public meeting and hearing was held upon the proposal to institute proceedings for the issuance of the above described bonds to the extent of not to exceed $3,200,000, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and it is the decision of this Council that additional action be taken for the issuance of the bonds, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, it also is deemed necessar y and advisable that the City of Waterloo, Iowa, should issue its Sewer Revenue Refunding Bonds to the amount of$4,590,000, as 2 authorized by Section384.83of the City Code of Iowa, for the purpose of providing funds to pay costs of refunding and refinancing the Sewer Revenue Refunding Bonds, Taxable Series 2004B, dated August 2, 2004, and WHEREAS, pursuant to notice published as required by Section384.83 of the City Code of Iowa, a public meeting and hearing was held upon the proposal to institute proceedings for the issuance of the above described bonds to the extent of not to exceed $5,200,000, and all objections, if any, to such Council action made by any resident or property owner of the City were received and considered by the Council; and it is the decision of this Council that additional action be taken for the issuance of the bonds, and that such action is considered to be in the best interests of the City and the residents thereof; and WHEREAS, the Council has received information from its Financial Consultant evaluating and recommending the procedure hereinafter described for electronic, facsimile and internet bidding to maintain the integrity and security of the competitive bidding process and to facilitate the delivery of bids by interested parties; and WHEREAS, the Council deems it in the best interests of the City and the residents thereof to receive bids to purchase such Bonds by means of both sealed and electronic internet communication. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the receipt of electronic bids by facsimile machine and through the SpeerAuction competitive bidding system described in the Notice of Bond Sale are hereby found and determined to provide reasonable security and to maintain the integrity of the competitive bidding process, and to facilitate the delivery of bids by interested parties in connection with the offering of the Bonds at public sale. Section 2. The Chief Financial Officer, with the assistance of the Financial Consultant, be and is hereby authorized to prepare a preliminary Official Statement for Bond bidders, and that upon completion thereof, the Mayor be and is hereby authorized to deem the same final for purposes of SEC Rule 15c2-12, and cause the same to be distributed in connection with the offering of the Bonds for sale. Section 3. The City Clerk is hereby directed to publish notice of sale of said bonds Ili at least once, the last one of which shall be not les s than four clear days nor more than twenty days before the date of the sale. Publication shall be made in Waterloo Courier, a legal newspaper, printed wholly in the English language, published within the county in which the bonds are to be offered for sale or an adjacent county. Said notice is given pursuant to Chapter 75 of the Code of Iowa, and shall state that this Council, on the 22nd 3 day of June, 2011, at 4:30 o'clock P.M., will hold a meeting to act upon bids for said bonds, which bids were previously received and opened by City Officials at 10:30 o'clock A.M. and 11:00 o'clock A.M., respectively on said date. The notice shall be in substantially the following form: 4 NOTICE OF BONDSALE Time and Place of Sealed Bids: Bids for the sale of Sewer Revenue Refunding Bonds of the City of Waterloo, Iowa, will be received at the office of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa (the "Issuer") at 10:30 o'clock A.M. and 11:00 o'clock A.M. respectively, on the 22nd day of June, 2011..The bids will then be publicly opened and referred for action to the meeting of the City Council in conformity with the Terms of Offering. The Bonds: The Bonds to be offered are the following: SEWER REVENUE REFUNDING BONDS, SERIES 2011A, in the amount of $1,785,000, to be dated the date of delivery (the "Series 2011A Bonds"). SEWER REVENUE REFUNDING BONDS, TAXABLE SERIES 2011B, in the amount of$4,590,000, to be dated the date of delivery (the "Taxable Series 2011B Bonds"). (hereinafter, the Series 2011A Bonds and the Taxable Series 2011B Bonds, may be referred to collectively as the "Bonds"). Adjustment of Principal Amount. The Issuer reserves the right to increase or decrease the aggregate principal amount of the Series 2011A Bonds and Taxable Series 2011B Bonds at the time of sale, as described in the Terms of Offering. Any such change will be in increments of$5,000, and may be made in any of the maturities. The purchase price will be adjusted proportionately to reflect any change in issue size. Manner of Bidding: Open bids will not be received. Bids will be received in any of the following methods: • Sealed Bidding: Sealed bids may be submitted and will be received at the office of the City Clerk at City Hall, 715 Mulberry Street, Waterloo, Iowa. • Electronic Internet Bidding: Electronic internet bids will be received at the office of the City Clerk at City Hall, 715 Mulberry Street, Waterloo, Iowa. The bids must be submitted through the Speer Auction competitive bidding system (www.SpeerAuction.com). • Electronic Facsimile Bidding: Electronic facsimile bids will be received at the office of the City Clerk, City Hall, 715 Mulberry Street, Waterloo, Iowa (facsimile number: 319/291-4571 or 319/291-8628). Electronic facsimile bids will be sealed and treated as sealed bids. Consideration of Bids:On June 22, 2011, bids shall be received for the Series 2011A Bonds until 10:30 o'clock A.M. and for the Taxable Series 2011B Bonds until 11:00 o'clock A.M. In each case, after the time for receipt of bids has passed, the close of sealed bids will be announced. Sealed bids will then be publicly opened and announced. Finally, electronic internet bids will be accessed and announced. Sale and Award: The sale and award of the Bonds will be held at the Council Chambers, City Hall at a meeting of the City Council on the above date at 4:30 o'clock P.M. Official Statement:The Issuer has issued an Official Statement of information pertaining to the Bonds to be offered, including statements of the Terms of Offering and Official Bid Forms for each series, which is incorporated by reference as a part of this notice. The Official Statement may be obtained by request addressed to the City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703 (telephone: (319) 291-4323) or the financial advisor for the Issuer, Speer Financial, Inc., 531 Commercial Street, Suite 608, Waterloo, Iowa 50701 (telephone: (319) 291-2077) and Suite 4100, One North LaSalle Street, Chicago, IL 60602 (telephone: (312) 346-3700). Terms of Offering: All bids shall be in conformity with and the sale shall be in accord with the Terms of Offering as set forth in the Official Statement. Legal Opinion: The Bonds will be sold subject to the opinion of Ahlers & Cooney, P.C., Attorneys of Des Moines, Iowa, as to the legality and their opinion will be furnished together with the printed Bonds without cost to the purchaser and all bids will be so conditioned. Except to the extent necessary to issue their opinion as to the legality of the Bonds, the attorneys will not examine or review or express any opinion with respect to the accuracy or completeness of documents, materials or statements made or furnished in connection with the sale, issuance or marketing of the bonds. Rights Reserved: The right is reserved to reject any or all bids, and to waive any irregularities as deemed to be in the best interests of the public. By order of the City Council of the City of Waterloo, Iowa. Suzy Schres, City Clerk City of Waterloo, Iowa (End of Notice) PASSED AND APPROVED this 13th day of June, 2011. or ATTEST: CityClerk Y 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 13th day of June. 2011. uzy Sc ares, City Clerk City of Waterloo, State of Iowa (SEAL) 00800394-1\11310-090 CITY OF WATERLOO Council Communication City Council Meeting:June 13, 2011 Prepared: lune 9, 2011 Dept. Head Signature: Cammie Scully # of Attachments: 1 SUBJECT: Submitted by: Cammie Scully. Waterloo Cultural and Arts Commission Recommended City Council Action: To approve Lease Agreement between Marsh Place L.P. and Waterloo Center for the Arts. Summary Statement: WCA is leasing a storefront space to exhibit local artists work at Marsh Place $1. Expenditure Required: $1 Source of Funds Budget Policy Issue None Alternative None Background Information: As above Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703. RESOLUTION NO. 2011-532 RESOLUTION APPROVING LEASE AGREEMENT WITH MARSH PLACE L. P. AND DIRECTING EXECUTION OF SAID AGREEMENT BY DIRECTOR OF WATERLOO CENTER FOR THE ARTS . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Lease Agreement dated June 13, 2011, at a cost of $1 . 00 per month, to lease a storefront space until August 2011 to exhibit local artists' work, by and between Marsh Place L. P. of Spencer, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Director of Waterloo Center for the Arts authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 13th day of June, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Schare , C City Clerk '�i�. CITY OF WATERLOO , IOWA 01. Ire 101%Tm COMMUNITY PLANNING AND DEVELOPMENT d o� 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 rerl oo \ NOEL C.ANDERSON,Community Planning&Development Director Council Communication r Mayor City Council Meeting: May 16, 2011 la/(Vg(: �1 LQ(96(i BUCKPrepared: May 11, 2011 / / CLARK 1��'�„ � Rp� l l Dept. Head Signature: � � (� t( COUNCIL #of Attachments: 4( 'T ��,►� t tZ J_ ; Ip 1I`s' j MEMBERS wJ -rQ,� SUBJECT: Request by Vern Jackson at 2307 Katoski Drive to rezone 3.14 DAVID acres from"A-1"Agricultural District to "R-R"Rural Residence District for the JONES purpose of building one new single-family home, and set a date of hearing as June Ward 1 6, 2011. CAROLYN COLE Submitted by: Aric Schroeder, City Planner Ward 2 HAROLD Recommended City Council Action: Approval. GETTY Ward3 Summary Statement: Transmitted herewith is a request to rezone 3.14 acres from "A-1"Agricultural District to "R-R"Rural Residence District, located at 2307 QUENTIN Katoski Drive. The applicant is requesting to rezone thisparticular roe to allow HART pp q g property rt3 Ward 4 for the construction of one additional single-family home on the property. The"R-R" Rural Residence District is intended to allow homes that are on larger lots (minimum RON 1.5 acre lot size), and that do not have access to municipal utilities. The property is WW ELPER 3.14 acres in size,which would allow for 1 new home in addition to the existing home. The property does not have access to public sewer or water, so a private septic BOB system and well would be needed for the new home, which would have to be GREENWOOD approved by the Black Hawk County Health Department. Even though this area is At-Large not designated for future residential growth, this request would not appear to have a STEVE significant impact on the surrounding area, as the home would be constructed on the SCHMITT same lot as an existing home, and no additional homes would be allowed based on At-Large the minimum requirements of the"R-R"Rural Residence District. At the May 3,2011 Planning, Programming and Zoning Commission meeting,the Commission unanimously recommended approval of the rezone request. Please find attached a staff report, aerial photo,and legal description, detailing the area in question. Therefore,we request the City Council set a date of public hearing on the rezoning request as June 6,2011, and publish an official notice pertinent to the requested rezoning. If you have any questions,please do not hesitate to contact our office. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use Alternative: N/A Background Information: Legal Description: See attached Exhibit "A". AS:sg cc: Noel Anderson, Community Planning&Development Director --file-- May 3,2011 REQUEST: TO REZONE 3.14 ACRES AT 2307 KATOSKI DR FROM "A-1" AGRICULTURAL DISTRICT, TO "R-R" RURAL RESIDENCE DISTRICT TO ALLOW FOR THE CONSTRUCTION OF ONE SINGLE-FAMILY HOME. APPLICANT: Vern Jackson, 2307 Katoski Dr, Waterloo, IA GENERAL DESCRIPTION: The applicant is proposing to construct one additional single-family home on the property, which currently has one existing home located on it. IMPACT ON NEIGHBORHOOD & The request would not appear to have a negative impact upon the SURROUNDING LAND surrounding area, as agricultural uses surround this property. The USES: new home would be located on a 3.14-acre lot, which has one home already on it. VEHICULAR & PEDESTRIAN TRAFFIC The area is served by Katoski Drive, which is classified as a Minor CONDITIONS: Arterial. The proposed new home would not add significantly to the traffic conditions in that area. There are no sidewalks located near this property. RELATIONSHIP TO RECREATIONAL TRAIL PLAN: The Katoski Greenbelt is located to the south of the property along Black Hawk Creek. ZONING HISTORY FOR SITE AND IMMEDIATE The property in question and all surrounding properties are zoned VICINITY: "A-1"Agricultural District, and have been zoned as such since adoption of the Zoning Ordinance in 1969. DEVELOPMENT HISTORY: The existing house on the property was constructed in 1958, with the surrounding area being farmland. BUFFERS/ SCREENING REQUIRED: There would not be any screening requirements. DRAINAGE: The property is within the Black Hawk Creek drainage area. There are no known drainage problems for the site. FLOODPLAIN INFORMATION: No portion of the site is located within a special flood hazard area as indicated by the Flood Insurance Rate Map No. 190025 0015. PUBLIC/OPEN SPACES/SCHOOLS: Central Middle School is located approximately 1 mile to the north along Katoski Drive, and the Katoski Greenbelt is located to the south along Black Hawk Creek. UTILITIES: WATER, SANITARY SEWER, No utilities serve this site, meaning that the new home would have STORM SEWER, ETC: to be connected to a well and would have an individual septic system. Both of those systems would need to be approved by the Black Hawk County Health Department. 05-03-11 2307 Katoski Dr Jackson Rezone A-1 to R-R.doc Page 1 of 2 May 3,2011 RELATIONSHIP TO COMPREHENSIVE The Future Land Use Map designates the area as Open Space, due LAND USE PLAN: to its proximity to Black Hawk Creek to the south. Even though the request would not appear to be in conformance with the Map, the request would appear appropriate, as the residential lot currently exists, and the request it to add only one additional home to the existing lot. STAFF ANALYSIS — ZONING ORDINANCE: The applicant is proposing the rezone in order to construct one additional home on the existing 3.14-acre property. Currently, one home exists on the property, and that home was built in 1958. Since the property is currently zoned "A-1"Agricultural District, a rezone will be needed in order to construct an additional home on the property. The "R-R" Rural Residence District is intended to allow homes that are on larger lots (minimum 1.5 acre lot size), and that do not have access to municipal utilities. The property is 3.14 acres in size, which would allow for 1 new home in addition to the existing home. The property does not have access to public sewer or water, so a private septic system and well would be needed for the new home, which would have to be approved by the Black Hawk County Health Department. Even though this area is not designated for future residential growth, this request would not appear to have a significant impact on the surrounding area, as the home would be constructed on the same lot as an existing home, and no additional homes would be allowed based on the minimum requirements of the "R-R" Rural Residence District. STAFF ANALYSIS — SUBDIVISION ORDINANCE: The applicant is not proposing to subdivide the property at this time. STAFF RECOMMENDATION: Therefore, staff recommends the rezone be approved for the following reasons: 1. The proposed rezone would not appear to have a negative impact on the area, as the home would be constructed on a lot that already has one home on it. 2. The request would meet all of the requirements of the "R-R" Rural Residence District. 05-03-11 2307 Katoski Dr Jackson Rezone A-1 to R-R.doc Page 2 of 2 Request to rezone approximately 3. 14 acres from "A-1 " Agricultural District to "R-R" Rural Residence District .N ....:... z �....iy.. t.. vn� .<� ". w .v m.. _m � ...s .n ✓' .. e a= . x+*5 M4 rr +M1 rm � •... pµ Hawk Road' Black iq 2307 Katoski Drive Area in Question e 200 100 0`" zoo Feet A EXHIBIT "A" That part of the Northeast Quarter of Section No.32,Township No. 89 North,Range No. 13 West of the Fifth Principal Meridian described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 32-89-13;thence South 00 degrees 00 minutes 00 seconds East along the West line of said Northeast Quarter 1901.29 feet;thence North 82 degrees 32 minutes 27 seconds East 294.66 feet to the point of beginning;thence North 82 degrees 32 minutes 27 seconds East 470.61 feet;thence South 04 degrees 56 minutes 03 seconds East 338.75 feet;thence South 86 degrees 03 minutes 57 seconds West 470.22 feet:thence North 04 degrees 56 minutes 03 seconds West 309.81 feet to the point of beginning,except all legal highways. The West line of the Northeast Quarter of Section 32-89-13 is assumed to bear South 00 degrees 00 minutes 00 seconds East. e e , ' STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1350493 NOTICE OF PUBLIC HEARING ON REZONIN 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 NOTICE OF PUBLIC HEARING ON of said newspaper, and that the annexed rate of REZONING TO WHOM IT MAY CONCERN: advertising is the regular legal rate of said Notice is hereby given that on the sth day of June,2011,at 5:30 p.m.in the newspaper, and that the following is a correct Council Chambers in the City Hall in the City of Waterloo,Iowa,a public hearing bill for publishing said notice. will be held by the Council of the City of Waterloo,Iowa,upon the recommenda- tion of approval of the City Planning,. Programming&ZoningCommission,to Printer' s B111 $22 - 13 approve the request of Vern Jackson to rezone from"A-1"Agricultural District to "R-R'Rural Residence District approxi- mately 3-14acres generally located at 2307 Kaloski Drive for the purpose of building one new single-family borne,le- r Tally described as follows: That part of the Northeast Quarter of Section No.32,Township No.89 North, Aned Range No 13 West of the Fifth Principal Meridian described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 32-89- 13;thence South 00 degrees 00 minutes 00 seconds East along the West line of Subscribed and sworn to before me this said Northeast Quarter1901.29 feet; thence North 82 degrees 32 minutes 27 !'�-1 seconds East 294,66 feet to the point of C—J�J beginning;thence North 82 degrees 32 day of , gel1 minutes 27 seconds East 470.61 feet; thence South 04 degrees 56 minutes 03'- seconds East 338.75 feet;thence South 86 degrees 03 minutes 57 seconds West• in, pp �^ y m 470.22 feet;thence North 04 degrees 56 ,,t* ° a 3�L s d , minutes 03 seconds West 309.81 feet to cct Pi :3 = the point of beginning,except all legal F.., c �' <. highways The West line of the North-. t F�°'t1 =-+! 1`.•Y s%�'� tJ I r:,;- on , east Quarter of Section 32-89-13 is as- ota y Pu lit t ! sumed to bear South 00 degrees 00 minutes 00 seconds East,all in the City of Waterloo,Black Hawk County,Iowa_ Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, Received of City Hall,Waterloo,Iowa,before the date set for said hearing..: By order of the Council of the City of Wa- terloo this 16th day of May,2011. the sum of Dollars SuzySchares City Clerk in full for publication of the above invoice . Notary Seal : I ORDINANCE NO. 5048 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 . That part of the Northeast Quarter of Section No. 32, Township No. 89 North, Range No. 13 West of the Fifth Principal Meridian described as follows: Commencing at the Northwest corner of the Northeast Quarter of Section 32-89-13; thence South 00 degrees 00 minutes 00 seconds East along the West line of said Northeast Quarter 1901. 29 feet; thence North 82 degrees 32 minutes 27 seconds East 294 . 66 feet to the point of beginning; thence North 82 degrees 32 minutes 27 seconds East 470. 61 feet; thence South 04 degrees 56 minutes 03 seconds East 338 . 75 feet; thence South 86 degrees 03 minutes 57 seconds West 470 . 22 feet; thence North 04 degrees 56 minutes 03 seconds West 309. 81 feet to the point of beginning, except all legal highways. The West line of the Northeast Quarter of Section 32- 89-13 is assumed to bear South 00 degrees 00 minutes 00 seconds East, all in the City of Waterloo, Black Hawk County, Iowa; now zoned on the Zoning Map of Waterloo, Iowa, approximately 3. 14 acres as "A-1" Agricultural District, be and the same is hereby zoned as "R-R" Rural Residence District as above described. " 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: June 6, 2011 PASSED 1st CONSIDERATION: June 6, 2011 PASSED 2nd CONSIDERATION: June 13, 2011 PASSED 3rd CONSIDERATION: June 13, 2011 PASSED AND ADOPTED this 13th d of June, 2011 . 742/ :// rnest G. Clark, Mayor ATTEST: �t Suzy Sc ares, CMC City Clerk a Ordinance No. 5048 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5048 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 13t day of June, 2011 . Witness my hand and seal of office this 13th day of June, 2011 . SEAL Suzyres CMC � City Clerk �etUkA o f ( (4/13[9til CITY OF WA 1'hRLOO 5k�eo� ' l 3 Iao Council Communication City Council Meeting: June 6, 2011 Prepared: May 25, 2011 Dept. Head Signature: S.G. # of Attachments: SUBJECT: Ordinance Change - Pedestrian Signals To Be Removed Downing Ave. and Wren Rd. Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve ordinance change to remove pedestrian signals at Downing Ave. and Wren Rd. Summary Statement: Due to Black Hawk School being demolished the school pedestrian signals at Downing Ave. and Wren Rd. are no longer needed. New signals will be installed for Becker School at an alternate site due to the change in location of the entrance to the school. Expenditure Required: Work will be completed in-house. Source of Funds: Policy Issue Alternative Background Information: When school signals are no longer warranted, they are removed. ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY REPEALING SUBSECTION (57) DOWNING AVE. AND WREN RD. SECTION 540, OBEDIENCE TO OFFICIAL TRAFFIC-CONTROL DEVICES. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: . That Subsection (57) Downing Ave. and Wren Rd., of Section 540, Obedience to Official Traffic-Control Devices, of the 2008 Traffic Code, is hereby repealed in its entirety. 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 /i CITY OF WATERLOO , IOWA TRAFFIC OPERATIONS & PARKING MAINTENANCE DEPT. ra 408 E. Sixth Street • Waterloo,IA 50703 • (319)291-4440 Fax(319)291-4094 SANDIE GRECO • Superintendent, Traffic Operations&Parking Maintenance 1E'rIo o Mayor BUCK CLARK TO: Mayor Clark and Council Members COUNCIL FROM: Sandie Greco MEMBERS Traffic Operations Superintendent DATE: June 10, 2011 DAVID JONES RE: Removal of Downing and Wren Pedestrian Signals Ward I CAROLYN COLE Attached you will find the traffic study conducted by our traffic engineer, Ward2 Mohammad. This study was performed as requested by school HAROLD administration personnel to find the safest and most accommodating route for GETTY students who walk to school. Because of the entrance to the school being on Ward3 Sheldon Ave. and the school grounds being gated, the most accommodating for all students would be for traffic signals to be located at the intersection of QUENTIN M. Downing Ave. and Sheldon Ave. HART Ward 4 The recently published Safe Routes To Schools (SRTS) report has also RON addressed this location. The SRTS study report indicates "The existing WEEPER pedestrian signals are no longer supported by MUTCD" (page 8). Ward 5 BOB Also included is a current map, provided by the school administration, of GREENWOOD where Becker students reside. We carefully look at where all students reside At-Large and which route will be the safest for them to cross streets. STEVE SCHMITT All students living on the north side of University Ave. are provided At-Large transportation thru the bus system. If you have any questions, please do not hesitate to call my office. CITY WEB SITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Black Hawk Elementary School -- School Signals There is a plan for construction of a new Black Hawk Elementary School. The new plan has prompted revision of the existing school signal location. It is recommended that the signals at downing and Wren be relocated to the intersection of Downing Avenue and Sheldon Street. Existing school signal at the intersection of Wren Road and Downing Street is an established well utilized signal. It provides for movement across Downing Avenue. The school is currently accessible along Downing Avenue and does not have a perimeter fence. The new school's entrance will be on Sheldon Street. The new school will have a perimeter fence that will limit access to it. For students walking along south side of Downing Avenue to and from west, Sheldon will be a reasonable place for crossing Downing Avenue. The current signal location would necessitate walking to Wren from Sheldon, then back from Wren to Sheldon. This may cause adverse behavioral affects such as crossing at unsignalized locations. Walking Path Towards School ri 47 Proposed Nev -- Extra Walk = School Distance If Signals Are Not Relocated Downing.'AL r t The new school plan makes the relocation of the existing signals plausible. The signals must be upgraded to regular signals controlling all traffic approaches. Sager Ave m -g3 I�S;rada Cr R a 6 cr G 3 m Q K3rberly Cr N 7.3 �.. s o �f �''�Reloc�ated Signals I cg Ave 1 Existing School Signals Traffic Operations Department 5/25/20l0 of -- -, rua1- .M �' I i1 t i r 40 11 t Y• .1l11 on , IL,' ©i - ,' -- � ' QT----1VI N3liC —11 ( 4.kIRKWpOD I,`'JJ��-f.�.�— {1-D 1( NO[2i dN )02H QEE .. - � ', O- I jUN - ,i jlilY 0 '' I °gyp lk,� 1 9LP 1; ,4 „ ?, �! 11 .'�-- ILO_ 1 ,111 X l h bI.i y4=- I irl,, 1r ":i i! W' Z Q N11911M .V 'bp 1 Oj' : NIl11s ' .41 1 J' 0 -ciri � ' it MAXWELL �4. S' i IO 0 toi'0 A+iO42 1H +,-7� (r'['':.' `... 0 0 Nvr1r1 O ,1 �'10. VNNVH s orn O NeHd3A5 4 : 0NA3a0O Op0 D Nail1V-,�;plr,.i 00! �? LINEUU rem.' 0 d p ¢w ea CiiTTLEFIEL Yct ,0---------JJRE1� — O 0 e 0 , it R - 00 c Q-iQ �a ;,04 $off 1. — k $OHE O ERf x ' O s' 0: b O . ;I O _ SG Or 0 _a '!-,, sGdrr "i ., 11 ,� ;1; w' . WESTLONI3 a �.i '1 0 0 0 ,! 01 1 c? i4�.INT c;1DI:Eiy. ! I 0 F- 1 ',t, , d V L4 L-Lv i3S j 0 1 :-_-- -, _'� Katoski-__ „,,-. hATd$lil i. S, c''' -1j li I!i 1 II i al I g j (1 1 11 11 INGERSOLj.L _ PROGRESS 4 _ 'j it 4 =b,_-, r 1 f ;x z r4 IL. -_FLEUR_-=01 II 16� ,0-_1 2] II! ' 1 1 U Nil !R ' Ira 1 1 � i�1 I E,ar�rL,ANa HILL°J 7� �1 Nil m1 .41 1 f: ,i),l 1 11 y111 �1 j� 'j 11 *lJ. ''X+I CITY OF WATERLOO IOWA % CITY CLERK AND FINANCE DEPARTMENT � ro 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4323 Fax(319)291-4571 �f ----�p SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer erloo Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: June 13, 2011 MEMBERS Prepared: June 7, 2011 Dept. Head Signature: 4,1_,ta><ze z% Number of Attachments: 1 DAVID JONES Wards SUBJECT: General Obligation Bonds Arbitrage Testing Results CAROLYN Submitted by: Michelle Weidner, Chief Financial Officer COLE Ward 2 HAROLD Recommended City Council Action: I recommend that the City Council GETTY accept and place on file the arbitrage test results reflecting that no payment is Ward3 due to the Internal Revenue Service for the general obligation bonds issued in June 2006. QUENTIN M. Ward4 HA Summary Statement: The report indicates that no arbitrage rebate or penalty is due to the Internal Revenue Service for this issue. As the issue is has RON been completely spent, no further testing is required. WELPER Ward5 Expenditure Required: None BOB Source of Funds: N/A GREENWOOD At-Large Policy Issue: Arbitrage testing is required in order to maintain STEVE the tax-exempt status of the City's bond issues. SCHMITT At-Large Alternative: None Background Information: We received very positive information in that the City does not owe any arbitrage rebate or penalty to the Internal Revenue Service for this issue. The tax-exempt status of the issue is maintained, therefore protecting the City from potential liability from any bondholders. Internal Revenue Service regulations require that the City make periodic determinations that no arbitrage rebate or penalty is owed to the Internal Revenue Service when tax- exempt bonds are issued. This testing is required at each 5-year interval that bond proceeds are unspent and when the proceeds are spent. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer BERENS-TATE CONSULTING GROUP SPECIALIZING IN TAX- EXEMPT B OND SERVICES May 31,2011 Michelle Weidner City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Dear Michelle: Enclosed is the arbitrage rebate report for the $8,200,000 General Obligation Bonds, Series 2006A. The report is through the May 31, 2011, five-year installment date and shows that no yield reduction payment is required and there were no positive arbitrage rebate earnings. Therefore, no payment is due and no filing with the Internal Revenue Service is necessary. No further computations are necessary as long as the Bond Fund is operated as described in the Tax Exemption Certificate and no additional gross proceeds arise. Please let me know if there are any questions. Thanks for the opportunity to work with the City of Waterloo! Sincerely, th Chris D. Berens Enclosure 10050 REGENCY CIRCLE / SUITE 400 OMAHA,NEBRASKA 68114 • (402) 391-6188 • FAX (402) 391-9037 CITY OF WATERLOO Council CommunicationCe City Council Meeting:June 13, 2011 GL(�' k-7/90/1 Prepared: Tune 6, 2011 Dept. Head Signature: PH # of Attachments: SUBJECT: 2011 PUBLIC MARKET WINDOW REPLACEMENT AND NEW VESTIBULES Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action:Approve Plans, Specifications and Form of Contract for the 2011 PUBLIC MARKET WINDOW REPLACEMENT AND NEW VESTIBULES, and set the date of Public Hearing and Bid Opening as June 27, 2011. Summary Statement This project is to construct two (2)vestibules and replace windows at Waterloo Public Market Building, 327 W. 3`d,Waterloo, Iowa. Above referenced project documents will be available for review in the City Clerk's office and InVision Architects. Expenditure Required: No expenditure at this time. Project budget is estimated at$115,000. 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 W.D.C. allotment from Black Hawk County Gaming Association. Policy Issue: NA Alternative: NA Background Information: On December 13, 2010 Council approved agreement with InVision Architects to provide design and construction documents for this project. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703 . RESOLUTION NO. 2011-533 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH 2011 PUBLIC MARKET WINDOW REPLACEMENT AND NEW VESTIBULES . 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 2011 Public Market Window Replacement and New Vestibules, 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 2011 Public Market Window Replacement and New Vestibules . 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 2011 Public Market Window Replacement and New Vestibules, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 13th day of June, 2011. Ernest G. Clark, Mayor ATTEST: L*��� suzy Sc ar s, C C City Clerk This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, IA, 50703. RESOLUTION NO. 2011-534 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH 2011 PUBLIC MARKET WINDOW REPLACEMENT AND NEW VESTIBULES, IN THE CITY OF WATERLOO AS JUNE 27, 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 27th day of June, 2011, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc. , in conjunction with 2011 Public Market Window Replacement and New Vestibules, 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 13th day of June, 2011 . igir a/A ( Ernest G. Clark, Mayor ATTEST: Suzy Schare , CMC City Clerk Black Hawk County Criminal Justice Information System Board of Directors Meeting May 4, 2011 The regular meeting of the Board of Directors of the Black Hawk County Criminal Justice Information System was held on Wednesday, May 4, 2011, at the Fire Training Facility. Chairperson Jeff Olson called the meeting to order at 9:30 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 T Little, BHC BOS R Weber, Evansdale PD Voting Members Absent: ACTION ITEMS: Approval of Agenda Approval of April 6, 2011 Board Meeting Minutes — Motion made by Thompson & Seconded by Little to approve the minutes of the April 6, 2011 Board meeting. Motion carried. Approval of Bills Paid in April, 2011 & Approval to Receive & Place on File March 2011 Accounting Reports: MasterCard-339.21 , BH Cons Comm-976.00, CF Util-450.00, Verizon-1492.31, IA DPS- 8206.00, Adv Sys-90.19, S Ellison-13.26, Courier-23.44, McGladrey-2148.00, State Aud-2675.55, Staples-99.73 Action: Motion made by Thompson & Seconded by Weber that the Board approve the list of bills paid in April 2011 & Approve to Receive & Place on File March 2011 accounting reports: Motion carried. OLD BUSINESS: None NEW BUSINESS: Discussion & Possible Board Action ref Updating Policies & Procedures- Olson & Jan will go through the policies with intent of updating mileage rate to State rate. GENERAL DISCUSSION: Adjournment: Motion made by Feaker & Seconded by Thompson to adjourn at 9:31 am. Motion carried. Respectfully submitted, Chairperson Jeff Olson r� CONSOLIDATED PUBLIC SAFETY COMMUNICATIONS CENTER BOARD MEETING May 4, 2011/10:00 A.M. MINUTES Chairman Feaker called the Consolidated Communications Board Meeting to order at 9:45 a.m. on Wednesday, May 4, 2011. Board Members & Guests 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 April 6, 2011 Board Meeting. Motion made by Marsh, Seconded by Thompson to approve the minutes of the April 6, 2011 meeting. Motion carried. 2. Agenda Revisions: Omit 3D. Switch 4B with 4C 3. Old Business 3A. Report from Communications Administrative Supervisor Training done by Dispatch Supervisor of Cedar Rapids PD. Participated in conference call hearing with FCC ref NexGen 911. FCC committee chair working with ADA. Due to some retirements, 2 FT positions will be open to the PT employees first. Working with CF Fire who is working on their ISO ratings. Doing State Self-Audit for Field Services. 3B. Discussion & Possible Board Action ref Generator Work in Communications Center— Thompson recommends tabling until they hear something. 3C. ESF2 Commisson Plan Review: Good plan; they made a few changes. L Glover has the plan ready to go to the Commission. 4. New Business: 4A. Discussion & Possible Board Action ref Personnel Committee Recommendation for Terminating Employee: PT Employee has medical issues & still is not released to return to work. He never completed training &would have to start over. Motion: Thompson Seconded: Trelka to terminate employment of PT employee. Motion carried. 1 4B. Discussion & Possible Board Action ref Recommendation of Policy & Procedures Committee Ref Paging Out Volunteer Fire Dept: Motion: Thompson, Seconded: Olson to authorize Dispatch to change page from 5 minutes to 3 on a temporary basis for Evansdale Fire Rescue pending vote of the Firemen's Assn. 4C: Presentation of Award to Employee retiring from Communications Center: Award presented to Sally Schmoll after 36 years of service. EXECUTIVE SESSION: None requested. GENERAL DISCUSSION: Adjournment: Motion: Schultz, Seconded: Trelka. Motion carried. Meeting was adjourned at 10:13 a.m. Respectfully submitted, Chairman Larry Feaker LF:jes 2 BLACK HAWK COUNTY 911 SERVICE BOARD May 4, 2011 Chair Olson called the meeting of the Black Hawk County 911 Service Board to order at 10:34 a.m. on Wednesday, May 4, 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 Chief Weber—Evansdale PD Fire Chief Dolf—Raymond Fire 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-yes,Hudson-yes, LaPorte City-yes, Waterloo-yes 2. Discussion and Possible Amendments to agenda None 3. Budget Update/Approval of Minutes- Approve the April 6, 2011 Minutes and Budget Update: MOTION MADE by Marsh and SECONDED by Trelka to approve the budget update and minutes to the April 6, 2011 meeting. MOTION CARRIED. 4. OLD BUSINESS 4A. Discussion and Possible Board Action ref Narrowbanding MOTION MADE by Marsh and SECONDED by Feaker to pursue funding with Isle of Capri Casino for a 75%/25%match. MOTION CARRIED. Judy will work with Chairperson Olson to expedite the application process. They will look into the funding source that Chief Schilling brought information on. 4.B Discussion and Possible Board Action ref Generator Work in Consolidated Communication Center MOTION MADE by Thompson and SECONDED by Schultz to table this until they have further information. MOTION CARRIED. 4C. Discussion and Possible Board Action ref Shieldware Presentation of AVL 1 a Judy stated we have paid for this program it just needs to be turned back on and a maintenance fee of$400 paid. Each agency will need to get what equipment they need for it to work for their agency. The GPS units are about$40. Olson stated Cedar Falls Police will do a trial run of AVL. The maintenance fee will be paid by the E911 Board as part of regular annual maintenance and will not be billed back to the agencies. MOTION MADE by Feaker and SECONDED by Trelka to authorize maintenance fee for AVL and Cedar Falls Police Dept doing the trial run. MOTION CARRIED. NEW BUSINESS: None GENERAL DISCUSSION: Thompson stated Sprint Nextel paid to move us off of governmental banding to Sprint Nextel at no cost to this Board. Olson directed Jan to condense the minutes to the key points. Judy stated she was appointed to the State ISICS Board and attends her first meeting May 25. Adjournment: MOTION MADE by Thompson and SECONDED by Schultz to adjourn. MOTION CARRIED. Meeting adjourned at 11:49 a.m. Respectfully submitted, Chair Jeff Olson JO:jes 2 CIVIL SERVICE COMMISSION MINUTES 7:30 a.m. May 5,2011 Carnegie Conference Room Members Present: Tim Luce,Bonetta Culp Member Excused: John Blitsch Member Absent: Abraham Funchess (ex officio) Others Present: Mark Rice, Eric Thorson, Cheryl Huddleston Moved by Luce, seconded by Culp to approve the May 5, 2011 Agenda as mailed. Motion carried. Moved by Culp, seconded by Luce to approve the April 7, 2011 Minutes as mailed. Motion carried. IINFINISHET)RT JSINFSS IJpdates 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 vacancies to satisfy EPA/DNR regulations. Received 24 resumes, but only 6 met qualifications and were invited to interview by a panel of Keith Kearns and Gary Luck from Waste Management Services and Mary Peterson from Human Resources. One candidate did not show for his interview and 1 did not pass. We readvertised and have received 15 resumes to date. Police Sergeant—Public Safety/Police—Promotional Exam Approved by Human Resources 4/4/11 and by Civil Service 4/7/11. There is 1 current vacancy and the list will also be used for out-of-rank assignments. The job notice was posted in the Waterloo Police Department and we received 11 resumes. A written test is scheduled for 6/23/11. A panel of current Waterloo Police Department management staff and officers will interview the candidates. Storm Water Specialist-Engineering-Open Exam Approved by Human Resources 4/4/11 and Civil Service 4/7/11. This is a newly created position needed due to EPA storm water regulations. 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. We received 13 resumes and are still reviewing them. NEW BUSINESS The job description and testing criteria for Waste Water Operator— Waste Management Services was presented for approval. The Human Resources Committee approved the position on 4/25/11. There are 2 vacancies due to a transfer and a termination. We thought we would be able to hire off a current list, but the remaining candidates did not work out. We went ahead and advertised since there were not any changes in the job description and testing criteria so we are requesting approval of the job notice and description as a procedural process. Ten resumes have been received to date. Moved by Luce, seconded by Culp to approve the job description and testing criteria for Waste Water Operator—Waste Management Services. Motion carried. The job description and testing criteria for Street Foreman — Public Works/Street Department was presented for approval. The Human Resources Committee approved the position on 4/4/11. There is a vacancy due to a promotion and the position will be posted as a promotion in all City departments. The job description has been rewritten to give the foremen more supervisory responsibility. Moved by Luce, seconded by Culp to approve the job description and testing criteria for Street Foreman—Public Works/Street Department. Motion carried. OTHER RIJSINRSS None With no further business,moved by Culp, seconded by Luce to adjourn. Motion carried. Cheryl Huddleston,Human Resources Manager Clerk for the Civil Service Commission „ , /Iy CITY OF WATERLOO , IOWA /k;����` '��”' CITY HALL • 715 MULBERRY STREET 50703 41er/OO \O� Today's Date: 5/31/2011 Effective Date: 6/6/2011 Employment Date: 6/3/1974 To: City Council Members Re: Notice of Severance Department STREET Job Title/Classification STREET SUPERINTENDENT This is to report that the employment of STEVEN C. DECKER with the City of Waterloo has been severed by reason of: 2 Retired Disability Related 0 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-Accrued 86.03 $ 34.91 $ 3,003.31 Vacation-Current 32 $ 34.91 $ 1,117.12 Usable Sick Leave 45.5 $ 34.91 (x)25% $ 397.10 Frozen Sick Leave 990 $ 34.91 60% $ 20,736.54 Personal Hours Comp Time Pay $ - Unscheduled Leave $ - Other Pay $ - Total Payment $ 25,254.07 Comments: WANTS TO BE PAID OUT ON THE JUNE 17TH PAYCHECK. Approved by l''t5►/` / ey,►�^y, Date Wept Human Resources Date - 111 Routing: —0QQ 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: 476.6(( 2 AS/400 Status/Accruals E 1-9 e+, CITY OF WATERLOO , IOWA 1iti CITY HALL • 715 MULBERRY STREET 50703 aLaIligfflirr fN't100 Today's Date: 5/24/2011 Effective Date: 5/24/2011 Employment Date: 10/2/1995 To: City Council Members Re: Notice of Severance Department Library Job Title/Classification Library Assistant This is to report that the employment of Shannon L. McKenzie-Schuler with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes E 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-Accrued 73 $ 18.89 $ 1,378.97 Vacation-Current 34 $ 18.89 $ 642.26 Usable Sick Leave 23. l"i $ 18.89 (x)25% $ Frozen Sick Leave (x) % $ - Personal Hours $ _ Comp Time Pay $ Unscheduled Leave $ - Other Pay $ - Total Payment I $ :!AVI4 Comments: Approved by Sheryl McGovern(kc) Date 5/24/2011 Human ResourcesY - Date 4j(4/ _ 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: �10lg0(I ❑ AS/400 Status/Accruals ❑ 1-9 i6I n N O `CQ Q C CD NU �• C) Sk CD O CA CD ..a CD co NFO W C CD — W - EIa O �cn '4„ 5 C) 0 0 N -1 „O�, O CO 7' N zal O O O _ Q 7 N w C) -i O C cu fD 7 > cn Qom) O m 0 CO• m 'o d C 7 C II) C •-G 7. 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