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02/17/2014 (2)
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, FEBRUARY 17, 2014 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. February 17, 2014 Roll Call. Moment of Silence. Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations. Agenda, as proposed or amended. Minutes of February 10, 2014, Regular Session, as proposed. Page 2 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Acceptance of Acknowledgment/ Settlement Agreement in the amount of $300.00 with Sycamore Convenience Store, 619 Sycamore Street, for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age. The owner is allowed a one-time use of the class training program offered by Alcoholic Beverages Division, in lieu of payment of the $300.00 penalty that can be taken once in a four year period. Submitted by David R. Zellhoefer, Assistant City Attorney 3. Request of Neil Miller for tax exemptions for the construction of a new twin home valued at $220,000.00 located at 1813-1815 Castle Street and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director 4. Request of Waterloo Worship Center for a variance to the Noise Ordinance on August 16, 2014 from 3:00 p.m. to 5:00 p.m. in conjunction with The Party in the Park to be held at Lincoln Park including music and the use of a PA system, together with recommendation of approval of Director of Safety Services. Submitted by Joe Leibold, Police Captain 5. Request of Main Street Waterloo for a variance to the Noise Ordinance on May 16 thru September 19, 2014 from 5:30 p.m. to 9:30 p.m. in conjunction with The Friday`loo to be held at Lincoln Park including music and the use of a PA system, together with recommendation of approval of Director of Safety Services. Submitted by Joe Leibold, Police Captain February 17, 2014 Page 3 6. Resolution approving request to cancel weed assessment that was certified to Black Hawk County, for property located at 2645 E. 4th Street in the amount of $85.00 that had been billed incorrectly. Submitted by Larry Smith, Superintendent of Waste Management Services b. Motion to approve the following: 1. 2. 3. 4. 5. 6. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to exceed Sgt. Farmer, Officer Bovy, Officer Bose USPCA Narcotics Recertification Marshalltown, IA 03/ 18/ 14 - $605.00 03/19/14 Steve Wareham or Interim Waterloo, IA 01/ 01/ 14 $2,000.00 other Principal of management - Trillion Aviation services 06/30/ 14 Interim Mgmt. Consultant, Waterloo Reg. Airport Dave Ross, Al Delagardelle, Joe 18th Annual IAWEA Collection Marshalltown, IA 03/ 06/ 14 - $440.00 Jones, Jr., Gary System Specialty 03/ 07/ 14 Luck - Conference - Sewer/ Storm Collection System Maintenance Exam Worker's/Foreman Craig Clark, Building Official Fire Plans Examiner Des Moines, IA 05/ 04/ 14 - $875.00 05/ 09/ 14 Officer Pohl ICAC Regional Denver, CO 03/ 10/ 14 $1,630.00 Law Enforcement - Training on Child 03/ 14/ 14 Exploitation Director Trelka & Inv. Hesse Child Abduction Response Team Des Moines, IA 02/24/ 14 - $370.00 Training 02/25/ 14 February 17, 2014 7. Mayor Clark's recommendation of the following appointments: 8. Page 4 Appointee Board/ Commission Expiration Date New or Re - Appointment Cody Funk Design Review Board 05/07/2017 New Jason Verbraken Community Development Board 03/01/2017 New Mark Pregler Human Rights Commission 01/01/2017 Re -Appointment Andrea Dellit Human Rights Commission 01/01/2017 Re Appointment Terry Pearson Stevens Human Rights Commission 01/01/2017 New Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Hibachi Sushi Buffet 1535 Flammang Dr. Special Class C (BW) Renewal 11/ 07/ 14 X Cigarette Permit Application 9. 200 Broadway, LLC/DBA City Food, 200 Broadway PUBLIC HEARINGS 2. Development Agreement with Black Hawk Contracting and Development of Waterloo, Iowa to authorize the sale and conveyance of a portion of City -owned property for $1.00 located along Lafayette Street near its intersection with East 3rd Street, for the construction of 6 townhouse dwellings. Motion to receive and file proof of publication of notice of public hearing. Re -open and hold hearing (continued from January 13, 2014). Motion to close hearing and receive and file oral and written comments. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Resolution approving said Development Agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director RESOLUTIONS 3. Resolution approving agreement with Silver Eagle Harley-Davidson/Buell to lease two 2010 Harley Davidson motorcycles at a cost of $135.00 per month per motorcycle for one year, plus routine maintenance; and authorize Mayor to execute said document. Submitted by Dan Trelka, Director of Safety Services February 17, 2014 Page 5 4. Resolution approving Certificate of Title as required by the FAA in order to continue with the Grant process; and authorize Mayor to execute said document. Submitted by Steve Wareham, Interim Airport Director 5. Resolution approving Agreement for Traffic Safety Improvement Funding with Iowa Department of Transportation in the amount of $47,000.00 for improving traffic signal installations and replacing signs at the intersection of Downing and Ansborough Avenues; and authorize Mayor and City Clerk to execute said document. Submitted by Sandie Greco, Traffic Operations Superintendent 6. Resolution approving award of contract to Aspro, Inc. of Waterloo, Iowa in the amount of $1,957,171.65; and approving Contract, Bonds and Certificate of Insurance for the F.Y. 2014 Asphalt Overlay Program, Contract No. 857; and authorize Mayor and City Clerk to execute said documents. Submitted by Jamie Knutson, P.E., Associate Engineer 7. Resolution approving award of contract to Hawkeye Environmental of Solon, Iowa in the amount of $10,580.00; and approving the Contract, Bonds and Certificate of Insurance for the asbestos survey services for 1423 Hawthorne Avenue, 223 Independence Avenue, 927 Mullan Avenue, 421 Almond Street, 425 Almond Street, 928 Mulberry Street, 408 Saxon Street, 420 Dawson Street, 426 Cherry Street, 134 Dearborn Avenue, 717 Vinton Street, 67 Franklin Street, 520 Cottage Street, 120 Smith Street, 820 Fowler Street, 1013 Lincoln Street, 409 State Street, 100 Blackwood Avenue, 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road and 210 Clay Street; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 8. Resolution approving request by Midwest Development for the 102 Lot Preliminary Plat of Audubon Heights Fourth Addition, generally located north of W. Shaulis Road and east of Hoff Road for a new residential subdivision on 50.97 acres. Submitted by Aric Schroeder, City Planner 9. Resolution approving request by Craig Fairbanks Homes for the Preliminary Plat of Crossroads Estates Replat No. 5, generally located along Hummingbird Circle between Bobolink Drive and Sarah Drive for the development of a 5 -lot residential subdivision on 1.9 acres. Submitted by Aric Schroeder, City Planner 10. Resolution approving Lactation Accommodation Policy. Submitted by Suzy Schares, City Clerk/HR Director February 17, 2014 Page 6 11. Resolution approving the amended FY2013 Cooperative Agreement between the U.S. Department of Housing and Urban Development and the City of Waterloo for the Fair Housing Assistance Program with an increased funding from $18,350.00 to $138,350.00. Submitted by Abraham L. Funchess, Jr., Human Rights Director 12. Resolution approving recommendation of award of contract to Lehman Trucking and Excavating of Waterloo, Iowa, in the amount of $33,270.00, in conjunction with the demolition and site clearance services for 210 Clay Street, 211 Courtland Street, 223 Independence Avenue, and 120 Smith Street; and authorize Mayor and City Clerk to execute said document. Submitted by Rudy D. Jones, Community Development Director ORDINANCES 13. An Ordinance Amending the Code of Ordinances of the City of Waterloo, by repealing Chapter 7, Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo; and enacting in lieu thereof a New Chapter 7, Rental Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo. Motion to receive, file, consider and pass for the second time an Ordinance repealing Chapter 7, Housing, of Title 9, Building Regulations, and enacting in lieu thereof a new Chapter 7, Rental Housing, of Title 9, Building Regulations. Motion suspending the rules. Motion to consider and pass for the third time and adopt ordinance. Resolution approving the Crime Free Lease Addendum for Waterloo Housing Ordinance. Resolution approving the fee schedule for the Waterloo Housing Ordinance. Submitted by Craig Clark, Building Official/Maintenance Administrator February 17, 2014 Page 7 14. An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by amending Section 6 of Chapter 2, Nuisances, of Title 4, Public Health and Safety, and by amending Sections 2, 3, 5, 6, 8, and 10 of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health and Safety, of the Code of Ordinances of the City of Waterloo. Motion to receive, file, consider and pass for the first time an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by amending Section 6 of Chapter 2, Nuisances, of Title 4, Public Health and Safety, and by amending Sections 2, 3, 5, 6, 8, and 10 of Chapter 3, Solid Waste Collection and Disposal, of Title 4, Public Health and Safety. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. OTHER COUNCIL BUSINESS 15. Motion approving Change Order No. 1 for a net increase of $1,880.00 for work performed by KW Electric of Cedar Falls, Iowa for the FY2014 Danes Complex Lighting; and authorize Mayor and City Clerk to execute said document. Submitted by Paul Huting, Director of Leisure Services ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares, CMC City Clerk/ Human Resource Director MEETINGS Monday, February 17, 2014 3:50 p.m. - Council Work Session, Council Chambers 4:50 p.m. - Boards & Commissions Committee, Council Chambers 4:55 p.m. - Ordinance Committee, Council Chambers 5:00 p.m. - Human Resources Committee, Council Chambers 5:05 p.m. - Finance Committee, Council Chambers • February 17, 2014 PUBLIC INFORMATION Page 8 1. Communication from Waterloo Fire Rescue on the retirement of Roger Carr, effective February 7, 2014 with recommendation of approval of payout of $5,414.91 for unused benefits. 2. Communication from Cultural & Arts Department on the resignation of Brandon Cannon, effective January 27, 2014 with recommendation of approval of payout of $2,622.31 for unused benefits. 3. Waterloo Public Library meeting minutes of January 14, 2014, on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. FY2013 Street Reconstruction Program, Contract No. 832 Pay estimate No. 15 to ASPRO in the total amount due of $6,401.10. 2. Riverwalk Loop N Downtown Trail -Mullan to Park Ave., Contract No. 786 Pay estimate No. 13 -Final to AECOM in the total amount due of $873.69. 3. US Hwy 63 -(Newell to Donald), Contract No. 790 Pay estimate No. 11 to AECOM in the total amount due of $1,474.56. 4. Donald Street Improvements -Hwy 63 to Mildred Pay estimate No. 19 to AECOM in the total amount due of $2,442.29 5. Stormwater Lift Stations (Westfield, Vinton, and Virden Creek), Contract No. 831 Pay estimate No. 8 to Story Construction in the total amount due of $152,635.53. 6. 2014 Orange School Sanitation Sewer, Contract No. 816 Pay estimate No. 1 to Ricklefs Excavating, Ltd. in the total amount due of $64,775.89. February 10, 2014 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, February 10, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Larry Smith, Superintendent of Waste Management Services. 142254 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, February 10, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 142255 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, February 3, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark recognized Deb Rosol for 30 years of service. CONSENT AGENDA 142256 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated February 10, 2014, in the amount of $2,801,470.77, 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. 2014-086. 2. Acceptance of Acknowledgment/Settlement Agreement in the amount of $1,500.00 with B & B East, 1615 Bishop Ave., for sale of tobacco, tobacco products or cigarettes to persons under 18 years of age Resolution adopted and upon approval by Mayor assigned No. 2014-087. 3. Request of Kaneshia Harrington for tax exemptions for rehabilitation of a single family dwelling with an estimated cost of $1,500.00 at 518 E 2nd Street and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2014-088. 4. Request of Teanna Smart for tax exemptions for the construction of a new single family dwelling valued at $130,000.00 located at 927 Lafayette Street and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2014-089. 5. Request of Tammy Banks for tax exemptions for the construction of a new twin home (condo) valued at $80,000.00 located at 4154 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-090. 6. Request of Jane Sieleman for tax exemptions for the construction of a new twin home (condo) valued at $80,000.00 located at 4156 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-091. February 10, 2014 b. Motion to approve the following: 1. 2. 3. Page 2 Travel Requests Name & Title Expiration Date New or Re - Appointment Dave Buck Amount not of Personnel Class/Meeting Destination Date(s) to Exceed Lt. Payne, Iowa Narcotics W. Des 03/25/14- $1,370.00 Sgt. Feaker, Inv. Girsch Officer Assoc. Conference Moines, IA 03/27/14 Corey Lorenzen Abraham L. National Fair Housing Washington, 03/09/14- $3,150.00 Funchess, Jr., Executive Training Academy Week Five Investigations D.C. 03/15/14 12/31/2014 Director Training Officer Morley Crash Investigation 1 Evanston, IL 03/09/14- $4,442.00 & Jacobson 03/21/14 4. Mayor Clark's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Dave Buck Telecommunications Board 01/01/2020 Re -Appointment Robert Tyson Community Development Board 03/01/2016 New Mike Butler Main Street's Board 12/31/2014 Re -Appointment John Hayes Main Street's Board 12/31/2014 New Corey Lorenzen Main Street's Board 12/31/2014 Re -Appointment Jane Messingham Main Street's Board 12/31/2014 Re -Appointment Don Temeyer Main Street's Board 12/31/2014 Re -Appointment 5. Recommendation of appointment of Kent Flege to the position of Mechanic (Street Department) from the current Civil Service list effective February 11, 2014, pending completion of pre-employment physical. 6. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Greg's Place 924-926 LaPorte Rd. C Liquor and Outdoor Service New 12/01/14 X Fireworks Display Application 7. Chuck FX, LLC to be held at National Cattle Congress, 257 Ansborough Avenue on February 15, 2014 from 9:15 p.m. to 11:15 p.m. (McElroy Event - Hairball Concert). Roll call vote -Ayes: Seven. Mr. Schmitt voted nay on the appointment of Dave Buck. Motion carried. PUBLIC HEARINGS 142257- Schmitt/Hart that proof of publication of notice of public hearing on F.Y. 2014 Asphalt Overlay Program, Contract No. 857, as published in the Waterloo Courier on February 3, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 142258 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. February 10, 2014 142259 - Schmitt/Hart Page 3 that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Asphalt Overlay Program, Contract No. 857", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-092. 142260 - Schmitt/Hart that "Resolution ordering construction in conjunction with F.Y. 2014 Asphalt Overlay Program, Contract No. 857", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-093. 142261 - Schmitt/Hart to receive and file and instruct City Clerk to open and read bids and refer to City Engineer for review in conjunction with F.Y. 2014 Asphalt Overlay Program, Contract No. 857. Voice vote -Ayes: Seven. Motion carried. Bidder Bid Security Bid Amount ASPRO, Inc. P.O. Box 2620 Waterloo, IA 50704 5% $1,957,171.65 142262 - Hart/Welper that proof of publication of notice of public hearing on Request for Proposal for Demolition and Site Clearance Services for properties located at 210 Clay Street, 211 Courtland Street, 223 Independence Avenue, and 120 Smith Street, as published in the Waterloo Courier on February 3, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 142263 - Hart/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 142264 - Hart/Welper that "Resolution confirming approval of plans, specifications, bid document, form of contract, etc. in conjunction with the Demolition and Site Clearance Services for properties located at 210 Clay Street, 211 Courtland Street, 223 Independence Avenue, and 120 Smith Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-094. 142265 - Hart/Welper that "Resolution ordering construction in conjunction with Demolition and Site Clearance Services properties located at 210 Clay Street, 211 Courtland Street, 223 Independence Avenue, and 120 Smith Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-095. 142266 - Hart/Welper to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review in conjunction with the demolition and Site Clearance Services for properties located at 210 Clay Street, 211 Courtland Street, 223 Independence Avenue, and 120 Smith Street. Voice vote -Ayes: Seven. Motion carried. Bidder Bid Security Bid Amount Lehman Trucking & Excavating, Inc. 1422 Ashland Ave. Waterloo, IA 50703 5% $33,270.00 February 10, 2014 RESOLUTIONS 142267 - Welper/Hart Page 4 that "Resolution approving Service Agreement with Laughing Tree, LLC to operate ArtHouse Cafe within the Waterloo Center for the Arts effective March 1, 2014", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-096. 142268 - Welper/Hart that "Resolution approving submission of Black Hawk County Gaming Association grant application in the amount of $90,000.00 to be used for the demolition and reconstruction of the concession/restroom building at the Byrnes Tennis Center; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-097. 142269 - Welper/Hart that "Resolution approving submission of Waterloo Convention & Visitors Bureau Event/Capital Project grant application in the amount of $15,750.00 to be used for the demolition and reconstruction of the concession/restroom building at the Byrnes Tennis Center; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Mr. Jones questioned the estimated cost for the entire project. Paul Huting, Leisure Services Director, will report back on the estimate. It qualifies for the grant due to the tournaments. Resolution adopted and upon approval by Mayor assigned No. 2014-098. 142270 - Cole/Hart that "Resolution approving submission of Cedar Trails Partnership grant fund request for a cross-country ski trail snow roller in an amount not to exceed $2,000.00; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Mr. Jones questioned if this could be used anywhere other than Iry Warren. Paul Huting commented that it could be used in other open areas. Resolution adopted and upon approval by Mayor assigned No. 2014-099. 142271 - Cole/Hart that "Resolution approving a contract addendum to the contract originally dated February 23, 2009 with Denver Construction of Denver, Iowa extending said agreement for three years to expire on April 9, 2017 at a cost of $58.68 per ton for the Drop Off Site Recycling Collection and Disposal Program; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-100. 142272 - Cole/Hart that "Resolution approving agreement for Traffic Safety Improvement Funding with Iowa Department of Transportation in the amount of $56,800 for safety improvements at the intersection of LaPorte Road and San Marnan Drive", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-101. 142273 - Schmitt/Hart that "Resolution approving the Program Evaluation and Payment to Greater Cedar Valley Alliance in the amount of $24,250.00, for economic development efforts completed in fiscal year 2014", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-102. February 10, 2014 Page 5 142274 - Schmitt/Hart that "Resolution approving Real Estate Purchase Agreement with Thompson Resident Holdings III, LLC for the acquisition and purchase of 1005 Lafayette Street in the amount of $20,000.00; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-103. 142275 - Schmitt/Hart that "Resolution setting date of hearing as February 24, 2014 to approve request of Harris Cleaning of Waterloo, Iowa for a site plan amendment to the "M -2,P" Planned Industrial District, to allow for the construction of a 80' X 125' (10,000 SF) industrial building, located at the southwest corner of Northeast Drive and Newell Street; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-104. 142276 - Morrissey/Hart that "Resolution endorsing the use of Metropolitan Transportation Alternative Program Funds for the development of the Shaulis Road Trail from Hawkeye Road/Iowa Highway 21 to Isle of Capri Boulevard; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-105. 142277 - Morrissey/Hart that "Resolution setting date of hearing as March 3, 2014 to approve the FYE2015 budget; and instruct City Clerk to publish notice", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-106. ORDINANCES 142278 - Hart/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by adding a New Article B, Housing Protections for Victims of Domestic Violence, of Chapter 3, Human Rights, of Title 5, Police Regulations", be considered and passed for the first time. Roll call vote -Ayes: Seven. 142279 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Lind). Motion carried. 142280 - Hart/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa by adding a New Article B, Housing Protections for Victims of Domestic Violence, of Chapter 3, Human Rights, of Title 5, Police Regulations, of the Code of Ordinances of the City of Waterloo", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Nays: One (Lind). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5199. 142281 - Hart/Welper that "an Ordinance amending paragraph A of Section 2 of Article B, International Property Maintenance Code, of Chapter 1, Building Code, of Title 9, Building Regulations", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Mr. Jones questioned if these ordinances are supported by the Landlord's Association. Mark Pregler, President, Black Hawk Landlords Association, reported that compromises were made on both sides. It is not unanimous but the board is in agreement with the ordinance. Mr. Schmitt clarified that legal has reviewed these ordinances. February 10, 2014 Page 6 142282 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Six. Nays: One (Lind). Motion carried. 142283 - Hart/Welper that "an Ordinance amending paragraph A of Section 2 of Article B, International Property Maintenance Code, of Chapter 1, Building Code, of Title 9, Building Regulations", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Six. Nays: One (Lind). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5200. 142284 - Morrissey/Welper that "an Ordinance amending the Code of Ordinances of the City of Waterloo, by repealing Chapter 7, Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo; and enacting in lieu thereof a New Chapter 7, Rental Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo", be considered and passed for the first time. Roll call vote -Ayes: Seven. Forest Dillavou, 1725 Huntington Road, spoke in opposition to the ordinance and the fee. Craig Clark, Building Official, clarified the fee schedule. The Ordinance has been worked on for over a year. Mark Pregler, 5312 Hammond, noted that the applicant's information will be passed on and a notice of the transfer of information to the City should be on the rental application. Marty Stokes, Martin Realtors, expressed concern with the fee. He suggested doubling the current fee. 142285 - Morrissey/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Five. Nays: Two (Schmitt, Lind). Motion failed. OTHER COUNCIL BUSINESS 142286 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842, be approved. Voice vote -Ayes: Seven. Motion carried. 142287 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142288 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-107. 142289 - Hart/Welper that "Resolution setting date of hearing and bid opening as March 17, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Blowers Creek Storm Water Lift Station and Dry Run Creek Improvements, Contract No. 842", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-108. February 10, 2014 Page 7 142290 - Hart/Welper to instruct Waste Management Services to prepare plans, specifications, form of contract, etc. in conjunction with Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866, be approved. Voice vote -Ayes: Seven. Motion carried. 142291 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 142292 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-109. 142293 - Hart/Welper that "Resolution setting date of hearing and bid opening as March 10, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Phase I - CIP Pipe Lining Service Areas No. 15 and No. 16, Contract No. 866", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-110. ORAL PRESENTATIONS Ted Lederman, 1758 Pinehurst Ln., asked Council to reduce health benefits for City employees to cut costs. Bill Kammeyer, 526 Home Park Blvd., clarified that the taxpayers will be paying for the Council Chambers remodel. Steve Murphy, 124 Terrace Drive, asked Council to seek bids to outsource solid waste services. Forest Dillavou, 1725 Huntington Rd., suggested using storm water fees to improve the sanitation sewer system. Randy Herod, 111 Highland Blvd., questioned the current position of animal control. 142294 - Hart/Jones that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 142295 - Hart/Jones that the Council adjourn at 6:26 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares, CMC City Clerk/Human Resource Director City of Waterloo Finance Committee Open Invoice Report 4 -or F 'lruary 17 2014 Approva. Finance Committee Accounts Payable Open Invoice Report Total As of Friday, February 14, 2014 EFT Transactions: 'Subtotal - as of Monday, February 17 2014 Workers Compensation Issued by TPA Gross Payroll Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's 1,003,147.00 13,000.00 1,016,147.00 24,297.60 3,346.20 'Bill Payment Total - Monday, February 17, 2014 1,043,790.80 "ayment to Council n ers o enti $o.00 CITY OF WATERLOO Council Communication City Council Meeting: February 17, 2014 Prepared: February 11, 2014 Dept. Head Signature:reJames E. Walsh, Jr., City Attorney of Attachments: T SUBJECT: Sycamore Convenience Store, 619 Sycamore Street 50703, Tobacco Violation, First $300.00 civil penalty Submitted by: David R. Zellhoefer, Asst. City Attorney Recommended City Council Action: Accept Acknowledgment/Settlement Agreement Summary Statement: An employee sold tobacco to a minor. Under Iowa law, the City is allowed to collect a civil penalty of $300.00 for a first violation. Employees of Sycamore Convenience Store took the computer course offered by Alcoholic Beverages Division. A copy of the Certificate of Completion along with Compliance Check Form, Citation, etc., is attached. Each owner is allowed a one time use of the class training program in lieu of payment of the $300.00 penalty. This can be taken once in a four year period. Sycamore Convenience Store qualifies, and the Alcoholic Beverages Division has approved the turning in of the certificate in lieu of a penalty. Owner cannot take advantage of this exemption for 4 years from this date. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: IN RE: SYCAMORE CONVENIENCE STORE 619 SYCAMORE STREET WATERLOO, IOWA, 50703 ACKNOWLEDGMENT/ SETTLEMENT AGREEMENT AFFIRMATIVE DEFENSE FIRST VIOLATION I (we) hereby knowingly and voluntarily acknowledge that we have received the Notice of Hearing and the Complaint in the above case. I (we) hereby knowingly and voluntarily acknowledge the facts and allegations contained in the Complaint, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby assert the affirmative defense. Employee received training in the program authorized by the Alcoholic Beverages Division, a copy of which is attached hereto, and made a part hereof by this reference. This affirmative defense can only be asserted once by the undersigned retailer at this retail location in a four-year period. There will be no civil penalty assessed with the affirmative defense. This Settlement Agreement shall be approved by the City Council and copies forward to the Attorney General's Office, Alcoholic B- 'erages Division and Retailer. Date: �-- /1 -iy NOTE: This must be signed by an individual cigarette permittee, or in the case of another business entity, by individual(s) who have authority to bind the entity. if you decide to sign this ACKNOWLEDGMENT/SETTLEMENT AGREEMENT and waive your appearance at a hearing, this document, properly signed and dated, shall be returned to: David R. Zellhoefer, Assistant City Attorney, 715 Mulberry Street, Waterloo, Iowa, 50703. Awarded to: michael Lee Nieman For completion of. Iowa Pledge Retailer Training Program Date of completion: Oct 25, 2013 Expires on: Oct 25, 2015 Certificate No: 71687 Thank you for participating in the Iowa Pledge Retailer Training Program and for partnering with the Iowa Alcoholic Beverages Division to not sell tobacco products to Iowa's kids. State of Iowa Alcoholic Beverages Division 1918 SE Hulsizer Road, Stephen Larson Ankeny, IA 50021 Administrator Kee, £,`'• L- ipledge2id. TOBACCO ENFORCEMENT PROGRAM Retailer: 5 L, f cs<�1 z7r-c. /� City: Hance ecForm FY 2014 017u 0. ` �-7 Address: State: - . ZIP: 2Ci s RESULTS (check one): Compliant If Unable to Complete the Compliance Check (check one) El Establishment has a VALID PERMIT but Does Not Sell Tobacco Date Checked: I /� J Non -Compliant - Permit Status Verified by City Clerk or County Auditor (( )) 0 Establishment No Longer Holds a Valid Tobacco Permit Time Checked: l�P [/c/ Unable to Complete (Not Applicable) _ 0 Establishment is Out of Business 0 Establishment is designated as an "Unsatisfactory Condition" - "Unsatisfactory Condition" verified by ABD Tobacco Investigator - Officer Conducted a Walk -Through of the Premises (Explanation Required in Comments Section Below) Last Name: �1 ' - �." - �_ Case ##• tv i I-1 - 2z s1 ® If none of the above reasons apply, write reason and explaination on the back of the form -see page 4 for reason list. Clerk InformationMale First Name: ❑ Female Middle Initial: have issued a criminal citation to the clerk listed above for selling tobacco to a person under age eighteen. Iowa Code § 453A.2(1). (NOTE: If the compliance check result is Non -Compliant, a citation must be issued before your department may receive payment.) OFFICER INFORMATION: First Na: e: ��-�, Middle Initial: Last Name G:, Badge: i Department: (,tip i2 CONFIDENTIAL INFORMANT (CI): CI Agei--CJ 16 ❑ 17 CI Gender: Ci Male ti Female CI Number: CI Ethnicity:�iite ci Z J (Last 4 digits of CI's ID) ❑ Asian ❑ African American ❑ Native American ❑ Hispanic ❑ Other RESULTS OF ATTEMPTED PURCHASE: Attempted Purchase Item: ❑ Cigarettes ❑ Smokeless Tobacco ❑ Other Tobacco Product Age Requested? ❑ YES O ID Requested? YES ❑ NO 11-61 ".,c; $50 Officer Signature Amount Due COMMENTS: Page 10 0 24 HOUR 0 72 HOUR EQUIPMENT WARNING FICER'S ... IOWA I,JRM CITATION AND COMPLAIN I WATERLOO POLICE DEPT. PLAINTIFF: 0 State of Iowa County of: BLACKHAWK No.:_�� 0 City of: In the Courthouse at 316 E. 5th. Waterloo. IA WATERLOO vs. NAME: Defendant, Last First Middle Address City State Zip SS/DL# State • Co # DL Class DL End DL Rest DOB / . / Race Sex Ht. Wt. The undersigned states that on or about / / at 0 AM 0 PM defendant did unlawfully: Mo. Day Yr. Operate Motor Vehicle/Boat (describe) CMV 0 Yes 0 No HazMat Plac. Req. 0 Yes 0 No US DOT# Reg. # State Year Upon a public highway at Located in the county and state aforesaid and did then and there commit the following offense: 0 Traffic (Navigation 0 Snowmobile/ATV 0 Fish -Game 0 Parks DO NOT WRITE IN THIS SPACE Et Scheduled Vio/Fine $ - •. ' 0 Road Construction Zone 0 Non -Scheduled Violation Surcharge $ 0 Court Appearance Required (805.10) Reason: Court Costs $ ❑ P.I. ❑ P.D. ($1000) Accident ❑ Fatal Accident Total Fine/Costs $ ❑ Civil Damage Assessment Violation Speed In Zone -Sec # t IA Code DATA CODE Fed/Adm. Code I swear that the foregoing complaint is true and correct. signature Local Ord ID g Subscribed and sworn to before me by at (Waterloo `Iowa -this F, day of ---.` --- — f•-Notary%other Co(ut Date/Paid: If you must appear in coiii•t or if you choose to appear to answer a charge which does not require an appearance, report to the above named court on: / / 1 at &AM 0 PM Mo. Day Yr. 200 NOTICE: Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. My signatt re below is not a plea of guilty, but acknowledges all of the following: 1. I hereby swear and affirm that the information provided by me on this citation is true under penalty of providing false information. 2. I promise to appear in said court at said time and place, or I will comply with the provision on the top of the reverse side of the citation. The following applies to simple misdemeanors only: 3. I hereby give my unsecured appearance bond in the amount of dollars and enter my written appearance. I agree that if I fail to appear in person of by counsel to defend against the offense charged in this citation, the court is authorized to enter a conviction and render judgment against me for the amount of my appearance bond in satisfaction of the penalty and surcharge plus court costs. •S'i'gnature. of Defendant Descripti 1ST OFFENSE - EMPLOYEE on PROVIDING TOBACCO TO MINOR 1ST OFFENSE - Descripti EMPLOYEE PROVIDING TOBACCO on: TO MINOR GUILTY Adj .Date' Adj.: NEGOTIATED'VOLU e 01/22/2014 N PLEA Adj.Jndg LANGLAS, KATHERINE J e: Corn en is Sentence Charge: 453 2(1)-C 1ST OFFENSE - Deseripti EMPLOYEE PROVIDING TOBACCO on: TO MINOR LANGLAS, KATHERINE CN=John Q Public,O=JUDICIAL Register Certain details of case data are only shown to subscribers. You may logon at this time if you are a subscriber, or you may be become a subscriber by registering at this time. There is a $25.00 per month subscription fee. For exclusive use by the Iowa Courts © State of Iowa, All Rights Reserved Summary' COSTS FINE SURCHARGE RESTITUTION OTHER Paid 0.00 0.00 0.00 0.00 0.00 Due 60.00 100.00 35.00 0.00 0.00 $195.00 N/A Make a payment on this case SUPPORT/ALIMONY BEFORE THE WATERLOO CITY COUNCIL IN RE: SYCAMORE CONVENIENCE STORE 619 SYCAMORE STREET WATERLOO, IOWA 50703 On this day of F' ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT—AFFIRMATIVE DEFENSE , 2014, in lieu of a public hearing on the matter, the Waterloo City Council approves the attached Acknowledgment/Settlement Agreement -Affirmative Defense -First Violation between the above -captioned permittee and the City of Waterloo. Therefore, the Waterloo City Council FINDS that the above -captioned permittee has remitted a copy of employee's certificate of completion of training with the Alcoholic Beverages Division program to the City of Waterloo. Said affirmative defense is hereby accepted. No civil penalty will be sanctioned against permittee. IT IS, THEREFORE, ORDERED that the judgment in this matter is hereby satisfied. ATTEST: c).,e,(a Suzy Bch esCity Clerk nest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-112 RESOLUTION APPROVING ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT AFFIRMATIVE DEFENSE -FIRST VIOLATION FOR SYCAMORE CONVENIENCE STORE, 619 SYCAMORE STREET, AND DIRECTING EXECUTION OF SAID ORDER BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Order Accepting Acknowledgment/Settlement Agreement - Affirmative Defense -First Violation dated February 17, 2014, allowing the owner a one-time use of the Iowa Pledge Retailer Training Program computer class for employees offered by Alcoholic Beverages Division that can be taken once in a four- year period, in lieu of payment of the $300.00 penalty, in conjunction with First Violation of Iowa Code 453A.2(1) selling, giving, or otherwise supplying any tobacco, tobacco products or cigarettes to any person under eighteen years of age for Sycamore Convenience Store, 619 Sycamore Street, 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 17th day of February, 2014. ATTEST: uzy Scrr\ares, CMC City Clerk nest G. Clark, ayor Mayor BUCK CLARK CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (3 19) 291-4366 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning & Dei e.'oumaid Director Council Communication City Council Meeting: February 17, 2014 Prepared: February 7, 2014 Dept. Head Signature: # of Attachments: 3 COUNCIL SUBJECT: CLURA application for tax exemptions for new twin home construction located at MEMBERS 1813-1815 Castle St, Waterloo, Iowa 50701. DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD .4t -Large STEVE SCHMITT At -Large Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Neil Miller for the construction of a new twin home located at 1813-1815 Castle St., Waterloo, Iowa 50701, Valued at $220,000 and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the City Limits Urban Revitalization Area Plan. ADDRESS 1813-1815 Castle St., Waterloo, Iowa 50701 LEGAL DESCRIPTION See Attached Expenditure Required: N/A Source of Funds: N/A Policy Issue: CLURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: wwwci.waterioo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW 04 OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URB REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CIT OF WATERLOO. Ry 6 The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed on UvF o family dwellings (single family homes or duplex/twin homes) that meet the following criteria: fbc 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community P. arming' & Development Department.) 2. This application must be filed with City prior to the 1st working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: ADDRESS: TELEPHONE: le 1 JAIRL bit 433 S SIGNATURE: DATE: 7 Fra A. What is the Address of the property being improved? /3 / 3 -- / /i.5- What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) LAAPLef 00-('/U Pelt f4•&.�,J 106 r ArA, -4 fir) 41 (.f 3 � f `G s,1 1-cz_ wu-74-4 i\ --e_ c}P'- S i.•O%� -t-l.� c So r g � � '� �e c� . v .� 2 cY What was 3p r � r 7�-•�K c -� c%s1-�3� i B.nature o the u$provement(s)? (must be sm 1'e family '`1holtes�or ,`� fy�'�``{- -u�' f g �pl duplex/twin liomes t qualify) ```� i 3;�. C. City of Waterloo Building and Inspections Department Information: Permit Number:;,96 / " (9000 Date permit was issued: �" � C Total permit(s) valuation: � CU QTc D. What was the cost of the new construction? - C P n E. Estimated or actual date of completion of this new construction? /57 CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED I BLACK HAWK COUNTY ASSESSOR APPROVED DATED: DENIED Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Tami McFarland Black Hawk County Assessor Page 1 of 1 4 Wei L. Ci i ii L Preparer WARRANTY DEED — INDIVIDUAL 11111 11111111111111111 Doc ID: 005237840001 Type: GENKind: WARRANTY DEED Recorded: 08/06/2013 at 12:49:52 FMFee Amt: $64.60 Pape 1 of 1 Revenue Tax: $52.60 Black Hawk County Iowa JUDITH AMCCARTHYY RECORDER File2014"'"'OOOO2 777 /y //btp4 WATz^R�Ov lDW# s ,Cir Address I h KNOW ALL MEN BY THESE PRESENTS: That N47 4" a !4Jq I9 i 603 Nu A71-=11,4_1) of the sura 0. Li __tura s in hand paid hereby Convey unto Ned J. M; ife-- 6 26II 23 itg e e,, one humo=r rpFi40.' c:•..y;: w•FFtoo '0WA FORM 162-B ;nawsen l-yE iv,E D , in consideration Grantees' Address: the following described real estate, situated in 3,i 04 c k 1-1„,, County, Iowa, to -wit: The West 100 feet of that part of the Northeast Quarter of the Northeast Quarter of Section No- Twenty (20), Township No. Eighty-nine (89) North, Range No. Thirteen (13) West of the Fifth Principal Meridian, Black Flawk County, Iowa, descrihed as follows: Commencing at the intersection of the West line of South Hackett Road and the North line of Section Twenty (20); thence West Two Hundred Thirty (230) feet, thence South One Hundred Thirty-two (132) feet; thence East Two Hundred Thirty (230) feet to the West line of South Hackett Road; thence North One Hundred Thirty-two (132) feet to the place of 'beginning, except the East Ten (10) feet, and except the North Twenty-five (25) feet of said Section. Subject to easements, restrictions, covenants, ordinances, and limited access provisions of record. And the grantors do Hereby Covenant with the said grantees, and successors in interest that said grantors hold said real estate by title in fee sim- ple; that they have gccx1 and lawful authority to sell and convey the same; that said premises are Free and Clear of all Liens and Encumbrances Whatsoever except as may be above staled; and said grantors Covenant to Warrant and Defend the said premises against the lawful claims of all per- sons whomsoever, except as may be above staled. Each of the undersigned hereby relinquishes all rignls of dower, homestead and distributive share in and to the described premises. Words and pareses herein Inducing acknowledgment hereof, shall be construes as in the singciar or plural number. and as mascu;' rte or le.mtn.ne gender, accord- ing to the context. Signed this b day of t' Sec. 331.602, The Code, requires typed or egibly primed name c` s gnatery beneath each original signatJre. 603 14ANID 3 WRiL-k,te j,Du..16.56761 STATE OF IOWA. /P4 4 Ck $ A wit;{Grantors address] % County, ss. On this day of A cis A.D., 20 f3 , before me. the undersigned, a Notary Public in the Slate of Iowa, personally appeared _,' _1r1 Note: Base map dale s me does so � is Black Hawk County. ThlP represent a survey. no kaWNy Is assumed for Me accuracy of t a data delineated herein. ebMer expressed or inpiied by Black Hawk County, Me Black Hank County Pseuds, or thele employees. The Cloy or Wabdoc makes no damnty. express or impBed, as to Me accuracy of the information shown en this map, aM expressly declaims liability for He accuracy thereof. Users should refer to oMclaI plan, surveys. modeled daep, etc. loom at Me Black Hawk County Pssasor s Office for compote and accurate information, Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-113 RESOLUTION APPROVING APPLICATION WITH NEIL MILLER FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF NEW TWIN HOMES VALUED AT $220,000.00 FOR PROPERTY LOCATED AT 1813-1815 CASTLE STREET IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Neil Miller has submitted an application dated February 7, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on the construction of new twin homes valued at $220,000.00 for property located at 1813-1815 Castle Street, more fully described as follows: The West 100 feet of that part of the Northeast Quarter of the Northeast Quarter of Section No. Twenty (20), Township No. Eighty-nine (89) North, Range No. Thirteen (13) West of the Fifth Principal Meridian, Black Hawk County, Iowa, described as follows: Commencing at the intersection of the West line of South Hackett Road and the North line of Section Twenty (20); thence West Two Hundred Thirty (230) feet, thence South One Hundred Thirty-two (132) feet; thence East Two Hundred Thirty (230) feet to the West line of South Hackett Road; thence North One Hundred Thirty-two (132) feet to the place of beginning, except the East Ten (10) feet, and except the North Twenty-five (25) feet of said Section. Subject to easements, restrictions, covenants, ordinances, and limited access provisions of record; and, WHEREAS, said property is located within the designated City Limits Urban Revitalization Area (CLURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and, WHEREAS, the new construction project respecting said property is in conformance with the City Limits Urban Revitalization Area (CLURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such construction is eligible for the tax exemption as set forth in the City Limits Urban Revitalization Area (CLURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% Resolution No. 2014-113 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. PASSED AND ADOPTED this 17th day of February, 2014. ATTEST: Suzy Sch City Clerk MC Ernest G. Clark, .yor APPLICATION FOR VARIANCE TO NOISE ORDINANCE \t APPLICANT'S NAME: 2ViOO \lbr 11? APPLICANT'S ADDRESS: —Te --rev. t vi �J APPLICANT'S PHONE #: 3100 23Z -1-13S5 ANTICIPATED DATE OF VARIANCE: S y` LU. ,,A9 ± 1-6)' QY. (r 110 J NAME OF EVENT: TIMES OF DAY OF VARIANCE: 3-57i?ri (sc'u 6 I.00fvi (tck. pV-Ly tfeaicieu,'✓) 6)t''" GEOGRAPHICAL LOCATION OF VARIANCE: Li ylCol v� ��GL (IL � t%iDl)C, 1 ry DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: Loc o- I C hx-rCheS .g2U61 uU e blor �r ) erect ye ()e w L rl i eS PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. blit c* GLL�'lctGh CO[S±I n6, () F -5 ,-.5e+ up 1n Lincoln '7ee.r Lt) 1 lei-0rsince. W1/! 2plettiki9 music t 7,t1 --kr0uotn PAS . s e-rn pian aGoa cl 1(0-- c�cr,� curs, wut- w) a 10 r9I,�. ' e i i- s GC�.d as r77 h' 5 kS40xe Cori �k, Cie -H --)c6 Oa res CITY COUNCIL ACTION: APPROVAL: DENIAL: ciaitt&uttoq., Y-\e\,sk9,/\-) pplicant's Signature lia04 Date Police Dept. Recommend APPROVAL: DENIAL: DECIBEL LEVEL: V �(` WATERLOO LEISURE SERVICES COMMISSION PERMIT FOR USE OF PARK Name of User Waterloo Worship Center Christine Miller Address 1728 Jefferson Street City/State Water 1 oo IA Park Lincoln Park Date Saturday, August 16, 2014 Phone 319-232-4355 Activity community out reach - food prizes, music Time 3:00pm to 5:00pm Est. Attendance You will need to file variance to noise ordinance. Form enclosed. The user will be responsible for maintaining said premises in same condition as received. The Leisure Services Commission is not responsible for undesirable conditions left by previous users. It is advisable to have a member of the user's group check the area for litter, etc., prior to the event. The use of amplifying equipment is subject to obtaining a permit from the City Clerk's office and to City Ordinance specifying levels of sound. Permit issued by Leisure Services Director /mw Date 2/5/201/i =iz>> A R � Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-114 RESOLUTION GRANTING REQUEST OF WATERLOO WORSHIP CENTER FOR A VARIANCE TO ORDINANCE NO. 3094, NOISE ORDINANCE. WHEREAS, Waterloo Worship Center is requesting a variance to the Noise Ordinance on August 16, 2014 from 3:00 p.m. to 5:00 p.m., in conjunction with the Party in the Park event to be held at Lincoln Park, including the use of a PA system, and WHEREAS, said event will exceed the limits of the Ordinance No. 3094, Noise Ordinance, and WHEREAS, said Waterloo Worship Center has made formal application for a variance on August 16, 2014 from 3:00 p.m. to 5:00 p.m., in conjunction with the Party in the Park event to be held at Lincoln Park, including the use of a PA system, together with recommendation and approval of the Director of Safety Services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Waterloo Worship Center for a variance to Ordinance No. 3094, Noise Ordinance, on August 16, 2014 from 3:00 p.m. to 5:00 p.m., in conjunction with the Party in the Park event to be held at Lincoln Park, including the use of a PA system, be and the same hereby granted. PASSED AND ADOPTED this 17th day of February, 2014. Ernest ATTEST: uzy Sc ares, CMC City Clerk . Clar , Mayor APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: 44 01 h 5—+ 4 L 4✓/0 APPLICANT'S ADDRESS: 2 / 2_ E, S4.4 APPLICANT'S PHONE #: 3 I q- -2_c//- 2 o 3 3 ANTICIPATED DATE OF VARIANCE: u 1 16 - / J NAME OF EVENT: 1 TIMES OF DAY OF VARIANCE: 5 -30" V O /.I2 GEOGRAPHICAL LOCATION OF VARIANCE: L , r• D I DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: 17 atb,4v4 I CJI4t F 0 — PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. - ., V r,v c l ! h o \,t l•.,,, U Rld-r M /C, 23, .3 CZ� 5-i / 1' �..ir,e 2.7 CITY COUNCIL ACTION: APPROVAL: Applic 2- g ature Date Police Dept. Recommend APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-115 RESOLUTION GRANTING REQUEST OF MAIN STREET WATERLOO FOR VARIANCE TO ORDINANCE NO. 3094, NOISE ORDINANCE. WHEREAS, Main Street Waterloo is requesting a variance to the Noise Ordinance from May 16, 2014 to September 19, 2014 from 5:30 p.m. to 9:30 p.m., in conjunction with Friday'Loo event to be held at Lincoln Park, including a band/DJ and the use of a PA system, and WHEREAS, said event will exceed the limits of Ordinance No. 3094, Noise Ordinance, and WHEREAS, said Main Street Waterloo has made formal application for a variance to the Noise Ordinance from May 16, 2014 to September 19, 2014 from 5:30 p.m. to 9:30 p.m., together with recommendation and approval of the Director of Safety Services. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Main Street Waterloo for a variance to the Noise Ordinance from May 16, 2014 to September 19, 2014 from 5:30 p.m. to 9:30 p.m., in conjunction with Friday'Loo event to be held at Lincoln Park, including a band/DJ and the use of a PA system, be and the same hereby granted. PASSED AND ADOPTED this 17th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cle k Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CITY OF WATERLOO, IOWA WASTE MANACEMl NT SI RVK'ES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 2/17/2014 Prepared: 2/12/2014 Dept. Head Signature: # of Attachments: / SUBJECT: Weed Assessment Cancellation Submitted by: Larry N. Smith, WMS Superintendent CAROLYN COLE Recommended City Council Action: Requesting cancellation of a weed assessment that Ward 2 has been certified to Black Hawk County for taxes for the property of 2645 E4th St. in PATRICK the amount of $85.00 plus any penalty and interest that has accumulated. MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large Summary Statements Invoice #201252091 dated 10/24/2011 Parcel # 8913.13.154002 was billed incorrectly to the property at 2645 E4th St. and should have been voided before assessing to taxes. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-116 RESOLUTION APPROVING ABATEMENT OF ASSESSMENT FOR 2645 EAST 4TH STREET IN THE CITY OF WATERLOO, IOWA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following assessment be and the same is hereby abated due to billing error: 2645 East 4th Street Weed Mowing Assessment - $85.00 BE IT FURTHER RESOLVED that the assessment be and the same hereby cancelled and the City Clerk be and she is hereby directed to notify the Black Hawk County Treasurer of said cancellation. PASSED AND ADOPTED this 17th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy a - , CMC City Cl rk TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED,/5;2O /3467 FY I BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance 5/ 444., 6'o 2;7-7,-) a- -,61/ Copy - Department NAME(S) AND POSITION(S): Dave Ross — Sewer Maintenance Worker Al Delagardelle — Sewer Maintenance Worker Joe Jones Jr — Sewer Maintenance Worker Gary Luck — Sewer Maintenance Foreman DATE: 2/3/2014 NAME OF CLASS / MEETING: 18th Annual IAWEA Collection System Specialty Conf. Collection System Exam DESTINATION: DEPARTURE POINT IF NOT WATERLOO: Marshalltown, IA DEPARTURE DATE: 3/6/2014 -3/7/2014 RETURN DATE: 3/6/2014 — 3/7/2014 DATE(S) OF MEETING: 3/6/2014 — 3/7/2014 PURPOSE OF TRAVEL/TRAINING: Grade II Collection System Certification WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES NO COST $ METHOD OF TRAVEL: x CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: LODGING MEALS 110.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 440.00 TAXI PARKING AIRFARE MSC/TOLLS BUDGET LINE ITEM: 520-14-5200-1346 YES NO x YES NO GRANT REIMBURSABLE REQUIRED CERTIFICATION TOTAL: $ 110.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO PA��TMENT HEAD DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 1 I APPROVE THIS TRAVEL REQUEST MAYOR c -1 1 - I DATE a, a) U 0 6 H C 0 C 0 U a, C N w 0 C J N ca, C 0 O O Registration and Booth Setup 7:15-8:00 am Opening Remarks C 0) 0 0 Q `c N 0 c N 0 A O EO c c 2 0 E V •- U a) > E C T NCVC O N• o c • 0 U O a) E ov 0 "' 3 a D a) N w C - -(55 cot m-- QQ 0 ��E� 8:00-8:10 am '6. c 3 a o L o wa x O) W 'L >, Q) a n. 0 0 C a) C 0 a) 0 p L c - C C 0 ,n 0 C () ~o s- > O 'C -_ a w 0 S) p N a a O _ C �' - - .t - L) 0 a c ,p ' U °; 012 2 a n5 O O. OI O ° a1 c0 m � a C o -r o c 13 w a >- N E c o 0 C W0 0pa LuO 0U v L� a)n. Cv o zcc, •ac oon xCHa _.0 NN 'O) T. 3�o N C pj o xi N Q d -cc,O E o • 0 a 0. 0 N o0c 0)cO a) (0 E> o>o c2UOp _1m U na — a0 Y I t Qa • c a00 73 C oO •o Z0O CU CD U ,6 .0V 0 a) NLLa_ '0 u�mWm N J CC --'e . 0 m O Ulm —x N. O 8:10-9:05 am E D O Vr 'c a) E 0 2 -c O- N L(3 0 - '0 3c'l 0 E 00 0 u N u' Q N a) 61 O O U c - 2 O y V aN O V) U) I- U 9:05 - 10:00 am 10:00- 10:10 am 10:10-11:05 am 11:05-12:00 pm na O LL a_ 12:00-1:00 pm Register Today at www.iawea.org 1:00 - 1:50 pm 1:50 - 2:40 pm 2:40 - 2:50 pm 2:50 - 3:40 pm 3:40 - 4:30 pm Networking & Social Hour 4:30 - 5:30 pm Friday Schedule Moderator: James Lund, P.E., Stanley Consultants O c d q � c 3 0 U a) c N w c o a� v o E -Y I £ c s oY p a p Y C 2 E o a '5 Q a2 V o c E Ow_O UT N C• - w da Q rns .6 0 C V U o6 I: a C V T d O o� 70. N 1:78. c w w h .2 `' a�a o o ud oa:ph'0 U' o QLLC •- .= C C O Uel -0 0) N 9 0j p U o U N u 92 C Ngo 000 oo=o od Q 0 U O III., 0 ',^ ,_ O N V N =p 0�Q al 0 - >on m0 IlIO ,., . co°'o_ m i.2 VO�o Q 8:00-8:10 am 8:10-9:05 am a) a) a) U C a, a) C O U a) N C O w U Member: $100 Non -Member: $1 10 (Register at the Door- Add $10) a X W N d a> U C a, C 0 U a, i N C 0 u a, O U Member: $145 Non -Member: $155 (Register at the Door- Add $10) Collection System EXAM* ONLY $45 PACP Training Fees* Member: $650 Non -Member: $700 9:05 - 10:00 am 10:00-10:10 am c ti 0 u -C C U D a • 0 a D C F O a) O ID in o A O N C a- ° 7, U c C 10:10-11:05 am 11:05-12:00 pm 12:15 - 4:15 pm w > D 0-0 > L C U < 0 CC_ Tui ¢ •h -0 c °- °2'3 Q • 00 O c �U, OOa) E" NQ t: N N 3 Q Q a 0E °0 o a1) 3 3 Q w Ec• E 5 a) ¢ 04° O��0 0 CSO ° a) ° N c ° Q • C 3 = T -Cr- a) a ,'0 E Q n UU a) a) ° 0EEo Become a member today! 01005 VI 'SOWV 'laa)IS 11108Z L6L95 'WOW OdM savvy 10 AID 'GU!JUG10D ApuO 01 Uo!JJod siq wnlo CA C •3 0 0 a) O a) E v CA C 0 d UU Collection System Conference Fees: Member: $100 Non -Member: $1 10 E a UJ N aJ. a) u C a) a, c 0 U a, U, N C O u C, O U Member: $145 Non -Member: $155 Collection System EXAM ONLY $45 PACP Training Fees Member: $650 Non -Member: $700 O 4) t, O U CD_ 00 Q'0 —NO Uc U 0 0000 0 Y W Q 41 0 Uo.E E Q n < a) 0 Q) 0 Or Fax To: 515.233.0454 EARLY REGISTRATION IS APPRECIATED Questions? Contact Curt Kampman at 515.964.1229 Why Should I Attend? This conference provides the perfect opportunity to obtain needed CEUs. The conference carries 1.2 CEU. One CEU is defined as 10 contact hours of participation in an organized continuing education experience under responsible sponsorship, capable direction and qualified instruction. Partial credit will be awarded for Thursday only attendance (prior approval required). Marshalltown make it your destination CONVENTION & VISITORS BLINEA IOW Marshalltown Convention & Visitors Bureau II 1r. .G. Wn �5 •Mi6 5201 Hotel Accommodations Reservations can be made at: Best Western Regency Inn 3303 S Center Street Marshalltown, IA 50158 641.752.6321 Super 8 Motel 3315 S Center Street Marshalltown, IA 50158 641.753.3333 m 0 v (OolrCJ, m u� LU • 0`1 C.) � 0 do a. 05 ^y • 0 rsjr7 c�(0o C=1 (Ni 0 < O Q U —1 a a 0 N a LU LC) O co Waterloo, IA 50702 18th Annual IAWEA Collection System Specialty Conference Pipeline Assessment and Certification Program (PACP) Training arch 6-7, 2014 Western Regency Inn 03 S Center Street Marshalltown, IA 50158 (Hwy 30- Exit 185N) REGISTER ONLINE TODAY! www.iawea.org • It's quick & convenient! • Flexible payment options • Immediate confirmation Registration can also be mailed in or faxed to 515.233.0454 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2014_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE STAFF ONLY 010-11-1160-1528 11PRO PDK9 IPJ v<1 NAME(S) AND POSITION(S): Sgt. Augustin Farmer, Officer Al Bovy, and Officer Steve Bose DATE: „p February 3,2014 NAME OF CLASS / MEETING: USPCA Narcotics Recertification DESTINATION: Marshalltown, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: March 18, 2014 Return Date: March 19, 2014 DATE(S) OF MEETING: March 18-19,2014 PURPOSE OF TRAVEL: Sgt. Farmer is requesting authorization to send Sgt. Augustin Farmer, Officer Al Bovy, and Officer Steve Bose to the annual USPCA Recertification on March 18-19,2014, in Marshalltown, Iowa. This 2 -day recertification is a mandatory course put on by the United States Police Canine Association Region 21 and will recertify both the K9 and the handler in Narcotics searches. The cost of this training will be paid out of the K9 fund. Handlers will need to take their city squad car to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $ 225.00 LODGING $180.00 MEALS $150.00 REGISTRATION $50.00 MILEAGE/FUEL TOTAL FOR ALL: $ 605.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 201.66 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR I APPROVE THIS TRAVEL REQUEST 7_ - zj-- 7'/q DATE DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY j 4BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance Co. - De•artment STAFF ONLY '2/0 / 77&o /3V5` I /Ir4ra NAME(S) AND POSITION(S): Steve Wareham or other Principal of Trillion Aviation Interim Mgmt Consultant, Waterloo Reg Airport DATE: 2/3/14 NAME OF CLASS I MEETING: DESTINATION: Waterloo, IA DEPARTURE POINT Cannon Falls, MN IF NOT WATERLOO: DEPARTURE DATE: Various from Jan 1, 2014 RETURN DATE: Thru Jun 30, 2014 DATE(S) OF MEETING: Weekly trips to Waterloo, or as needed, to fulfill consulting contract PURPOSE OF TRAVEL: Council approved contract with Trillion Aviation to provide interim management services, air service consulting and other ad-hoc business services for the period of January 1, 2014 — June 30, 2014. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE AIRFARE DEPARTING FROM: X PRIVATE VEHICLE ESTIMATE OF COST: $1,260 LODGING $340 MEALS REGISTRATION $400 MILEAGE/FUEL TOTAL FOR ALL: $ 2,000 TAXI PARKING AIRFARE MISCITOLLS BUDGET LINE ITEM: 010 29 7700 1345 X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF W TERLOO n 1' DEPARTMENT HEAD 41 I DAT K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST z‘,/ MAYOR 7-i� DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY6>°'. BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY CI/d R.A 57()0 /!i41(, iAlead 99011' Z13-91 Copy - Department NAME(S) AND POSITION(S): Craig Clark, Building Official DATE: 2/5/14 NAME OF CLASS / MEETING: Fire Plans Examiner DESTINATION Des Moines, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 5/4/14 RETURN DATE: 5/9/14 DATE(S) OF MEETING: 5/5/14 thru 5/9/14 PURPOSE OF TRAVEL/TRAINING Required CEU WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE PRIVATE VEHICLE DEPARTING FROM: Waterloo, Iowa ESTIMATE OF COST: 625.00 LODGING 225.00 MEALS REGISTRATION 25.00 MILEAGE/FUEL TOTAL FOR ALL: $ 875.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-22-5100-1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 875.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF.WATERLOO- DE RTMENT HEAD DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST MAYOR -1 r 19 - DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY 010-11-1160- 1346 11PRO ICAC LINE ITEM USED FY 20124 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance /63o (/U Copy - Department NAME(S) AND POSITION(S): Officer Jeremy Pohl DATE: February 3, 2014 NAME OF CLASS / MEETING: ICAC Regional Law Enforcement Training on Child Exploitation DESTINATION: Denver, Colorado DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: March 10, 2014 RETURN DATE: March 14, 2014 DATE(S) OF MEETING: March 10-14,2014 PURPOSE OF TRAVEL: Sgt. McClelland is requesting to send Officer Jeremy Pohl to ICAC Regional Law Enforcement Training on Child Exploitation course in Denver, Colorado., March 10-14, 2014. This Conference training is broke down into lab testing , case studies and lectures from leaders in the forensic examination field. This conference will also provide networking with others in this field and provide valuable lessons. The Iowa ICAC will reimburse the city of Waterloo for the cost associated with this travel. The only cost to the city will be for the difference in the per diem for food and the cost of the WPD travel allotment of $70.00 per day for large cities This is a total of 108.00 the city will be responsible out of the $280.00 allotment. A city vehicle may be required to drive to the airport destination.. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ 00.00 YES NO METHOD OF TRAVEL: xx xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: Waterloo, Cedar Rapids, or Des Moines ESTIMATE OF COST: $850.00 LODGING $50.00 $280.00 MEALS $0.00 REGISTRATION $350.00 $0.00 MILEAGE/FUEL $100.00 TOTAL FOR ALL: $ 1630.00 TAXI PARKING AIRFARE Baggage Fees 010-11-1160-1346 BUDGET LINE ITEM: 11PRO ICAC XX xx GRANT REIMBURSABLE YES NO xx REQUIRED CERTIFICATION YES NO TOTAL: $ 1630.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD I APPROVE THIS TRAVEL REQUEST MAYOR t�/ DATE DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2014_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010-11-1100-1346 /)x) /01,0:.7 agoi&q /8� / s $/5/ Copy - Department NAME(S) AND POSITION(S): Director Dan Trelka, Inv. Stacy Hesse DATE: February 11,2014 NAME OF CLASS / MEETING: Child Abduction Response Team Training DESTINATION: Des Moines, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: February 24,2014 Return Date: February 25, 2014 DATE(S) OF MEETING: Feb. 24-25,2014 PURPOSE OF TRAVEL: Capt. Joe Leibold is requesting authorization to send Director Dan Trelka and Inv. Stacy Hesse to the Child Abduction Response Team Training at the Prairie Meadows Training Center on February 24-25, 2014, in Des Moines, Iowa. This training, which is put on by the State of Iowa, is designed to teach Officers how to respond to an abducted child report. The plan would be to have Child Abduction Response Teams in each LEIN regions across the state. The Waterloo Police Department is committed to partner with the state of Iowa and belong to a response team in our region. This training will cover topics such as child abductions that result in homicides and search management. There is no registration cost and the city will be only responsible for lodging and meals. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $ 200.00 LODGING $120.00 MEALS $0.00 REGISTRATION $50.00 MILEAGE/FUEL TOTAL FOR ALL: $ 370.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 185.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD 2 — 1A— 7LLt DATE I APPROVE THIS TRAVEL REQUEST DATE CITY OF WATERLOO Committee Communication 1 Committee Meeting: February 1-0 2014 piA Pt-WU Prepared: February 5, 2014 Dept. Head Signature: C.G- - /L- # of Attachments: 1 SUBJECT: New appointment of Cody Funk to the Design Review Board. Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: New appointment of Cody Funk to his first term effective 2/10/14, with term expiring 5/7/17 --replaces Larry Howard. ®ate: Cir vrJR (Name) 1- IQ stnekAJ 4,01422) CETY OF WATERLOO, 9F'WA BOAR IS & CO E' rISSEONS APPLECATEOr RECEDE FEB U 5 2014 , request to be appointed to (state preference): 2. # /.J1n/&) Pc704ei4to o+u J •d -204/44- -- Home Phone: 4/4 Cell Phone: 56.3- re -0-s400 Work Phone: Home Address 9730 LJ. Y S7(- WorrPilia, ' Zircode SV 7d / Employer 4s,TE DEs/6-v -& Lu - vS Title 2-014-19-4-10c? #l, cH'TFcT Employer Address •P6- ! , k 1/6'(Fete ,i -us Zipcode 5-06 /3 How long have you resided in Waterloo? / years 3—pry 3-pryvia.rs 1N C. r •30 /ce U4- 19uE List current membership in organizations and offices held: 4,0761(col.ti c :)crF OF /-74'vDStr4,e A4cri 07-605 75 ! AJArrW.uilL r #40v4tess f}&✓f. Io w2s CimPret }. 44c`4 1p/4Fcro4 FvR l 40eAvn 64.4PTE,C. aF J c94' r./c=•c-SNrf :o.;e (Crn re/ VVv r r -..7F5 [6. 4) (6'01044176 Lion(N4-S)f •PAa. d- Pee-FICATrJ4,) 024 AR19-c7tce Serurerm j jropc�� O P COetpt.0 d0 Se.t /evOrs ,949aFFssI <MC i-4ar ii -06'' i1 I am available for meetings: I am available to serve on a Board/Commis osi n the entire year: below) Spring Summer No (check Fall Winter All Seasons Briefly explain your qualifications for appointment to a designated Board/Commission: IS U 6r/Z -OL . W IA) (4Ait7c4Pe 42cJi rTEcr()RE! Of Y•4 -Its pn4c7lcrev C--/ xPc•z!c'vcc teloWeE-4t1/2E 4441-vF0 FV$)o-#•1 4e) -![ 1.r04- iv U4-7-feci 57-s4 5 40?ass'Ih LJS. 'CE?z-_se 2 `./9e '�✓ ��- 46(57E4E9 /.41 2-6w4- Fore- yt 16-4es Additional information and comments that may not be evident from information already on this form: _ /-14 YF B E -U rets= l�4-0 Ci4,v0c*PE ARO ire-671r--,vss, 4/6-5s st2FvE019r'7ekir ► 44rEez. spre' P6-ss4'(6 rrs /44--071V , .1 e,4f2E" ®E"-46'ry yl jar 7}>e DEVL,OPY70-4/7- - Pao$PCArr-7 K9F 71-iE References (include phone numbers): rel Mu Ar tTi T G/UE M -rLr2r t 6FE'urni av of ou rsr►f 'MC ,a•9Tc "R3 a rrat yv4Tctcdv. M4rr lt) ie. He. commt-rtu— kEAlLTDL) 3/5-0149-6014,.? i✓1,4Ew {4-.0 tc6Fr�15W4Eic f4rf f goer art ((!•P• Tumens .2&'7-396/ G/{!T/S FReekt7PocM}3iS-,134(8v-i I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from date above. RETU 68103/2010 T atu MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286: PHONE 291-4311_ CITY OF WATERLOO Council/Committee Communication Committee Meeting: February 17, 2014 Prepared: February 12, 2014 car. Dept. Head Signature: # of Attachments: 1 SUBJECT: Submitted by: New appointment of Jason Verbraken to the Community Development Board. Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: • Mr. Verbraken's first full term will expire March 1, 2017. (Fulfills a current vacancy.) Date: ..7 /a//5' CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION I, ii,srar '�a v rca ke'- (Name) 1. Cornmuni%, Deve!opmer,+ &aro( 2. Design Review &rd Home Phone -6)9)939 - 5/7 Cell Phone:(3)9) 9939 3Y/7 Work Phone: Home Address //94' ZJ>,17Fo .Dr Zipcode _TO 16%2 Employer Yerhrq%leh's 44'j ea/ra.1i?, Title fs/iva�av Employer Address 9(5Y Lesa ,®revs Zipcode CE'E FEB 1 0 20 , request to be appointed to (state preference): How long have you resided in Waterloo? 2z/ years List current membership in organizations and offices held: /lr A,/ am 1 6,-/;1 / YL=v,--; C i eer a/ e- //r Y/tea r Ji t/ r %iU i�C' I am available for meetings: A.M. P.M. Noon I am available to serve on a Boar /Comms .n the year: below) No (check Spring Summer Fall Winter All Seasons Briefly explain your qualifications for appointment to a designated Board/Commission: Gvaoh/ 6 ah assetdie/ , was) e�r r%en'e (uJ// �n'e 4on�,v�ii7�. ,,Ka?' v��>as • �f e ar {/,9e, As Gt /eZieWa,4,,-, %e,a%,f7/(2 3'' ,s� . 14 ye /2 S�I�D/79 �ihGf�/.r�o ty of evi,4f/h�r re/ad and /aaa1 -SC 1.1; 1,vark "-as}Jess , Ga J% revi'afe")./ire/ a^o/ e®f2,7!72ere,' / ajo/o a.z nx J 14rve % /0 spar, / /le/% bi/. . ;21 2/17 Lit/P., ca //, a r 'ned �r..m i/�, lfvGr% rs , r Gd 1 a c a.irne re/a I ed-.7i%=-,0,6,-- and dr .�o,6r- ard /orayec7/ i as ajrcv / aye al,, . //-- References (include phone numbers): Mney(//GJ2 - 019) _29/ 9' 299 0.9/7 Yr62akh (3/9) ou -(2,7 ,man (3/9.) ,..769 -0 79/ ,�.�lar) Gi/anq�s (3/9) 377 (2.2.25' I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar ye -fry3m date above. 08/03/2010 S'= ature RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; PHONE 291-4301. CITY OF WATERLOO Committee Communication Committee Meeting: February 17, 2014 Prepared: February 12, 2014 Dept. Head Signature: # of Attachments: 1 SUBJECT: • Re -appoint Mr. Mark Pregler and Ms. Andrea Dillet to the Human Rights Commission. • New appointment of Ms. Terry Pearson Stevens to the Human Rights Commission. Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: • Mr. Pregler's and Ms. Dillet's first full terms will expire 1/1/2017. • Ms. Pearson Stevens' first full term will expire 1/1/2017 (replaces Ms. Rhonda McRina). CITY OF WATERLOO Committee Communication Committee Meeting: February 17, 2014 Prepared: F bruary 12, 2014 Dept. Head Signature: 166d # of Attachments: 1 / Y� SUBJECT: • Re -appoint Mr. Mark Pregler and Ms. Andrea Dillet to the Human Rights Commission. • New appointment of Ms. Terry Pearson Stevens to the Human Rights Commission. Submitted by: Mayor Buck Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Approval Background Information: • Mr. Pregler's and Ms. Dillet's first full terms will expire 1/1/2017. • Ms. Pearson Stevens' first full term will expire 1/1/2017 (replaces Ms. Rhonda McRina). Date:1 j '--/3 RECEWE JUL 3 0 2013 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION , request to be appointed to (state preference): Work Phone: 311 - at a 5 Home Phone:,/:4,41- i��a �""� Home Address >!4al t,t.CC +�^ I-��, � • Zipcode .5O 7' 3 Title Zipcode,507O 3 Cell Phone: Employer Employer Address How long have you resided in Waterloo? 6 years List current membership in organizations and offices held: I am available for meetings: A.M.! Noon Evenings I am available to serve on a Board/Commission the entire year: gYes No (check below) Spring Summer Fall Winter All Season Briefly explain your qualifications for appointment to a desi noted Board/Commission:, 0 - � { �,,, �� ,�T - (ac�.�ha . ,L -p— pti2-404i,h,:44., a4Q--I-7,41' ' rakte'A:tititjuithitilt, jA.^-12- Additional information and'comments that maynot be evidenT from information alreadyon this form: 444J-- -14-4J4- btli-v,- OL4A-.aizah.ell. kLialuiL..s..e.)8_, 6ialLiell/4‘!acg tItAAA: ja4,1,t,L.4.3).. References (include phone numbers):' 'Q. J , ri 9.A_J.,,311- 5c' U-1 -v p 9 / �a.Th�3igo4In I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from date above. RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 00,0312010 FAX 291-4286; PHONE 2914301. 4/ �l �� ( ;ids et Acte %s7Vc,/e,-2-1 lit d 92Z1716Z61E « S6Z2E9261E A212131 LS bl 0E-LO-EIOZ Mayor BUCK CLARK COUNCIL MEMBERS COCO .06.4600.000C, DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At Large STEVE SCHMITT At -Large COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street 0 Waterloo, Iowa 50703-5783 6 (31 9) 291-4366 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning & Development Director CITY OF WATERLOO Council Communication City Council Meeting: December Prepared: December 11, 2013 Dept. ead Signature: # of Attac i, !Ili ants: SUBJECT: Request to set a date of public hearing as January 13, 2014 to e r ter into a development agreement with :lack .i awk Contracting and Development to authorize the sale and conveyance of a portion of City owned property for $1.00 along Lafayette Street near itsintersection with East 3r." Street, for the-constmction.of 6 _. tow , 'mouse dwellings, along with tax rebates to developer. Submitted by: Noel Anderson, Community Planning & Development Director Recon II ended City Council Action: Approval of request Summary Stateme,r t: Transmitted herewith is a request to set a date of public hearing as November 25, 2013 to enter into a development agreement with Black Hawk Contracting and Development to authorize the sale and conveyance of City owned property for $1.00 along Lafayette Street, near its intersection with East 3rd Street, for the construction of 6 townhouse dwellings. The property in question has served as a city -owned parking lot with little to no leasing for its location. As you are aware, Black Hawk Contracting and Development has been actively redeveloping this area, and has built 5 new homes on East 8th Street, and 3 new homes on Lafayette Street near East 8th, for the City of Waterloo. Black Hawk Contracting & Development is also actively working to build new townhome units on Lafayette and East 7th Street. Therefore, we would ask that the City Council set a date of public hearing, and publish and official notice pertinent to the request to sell and convey the area described herein. • Expenditure Required. None. Source of Funds: N/A Policy Issue: Sale of City Property CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! Art Equal Opportunity/Affirmative Action Employer Our situation does not allow for us to expand or obtain other areas of parking. It is only proper that We come to agreement that will protect Queen of Peace in the future. The map presented shows this plainly and simply. The subject of this presentation is should this happen in our back yard for the sum of One Dollar and effect this Parish for years to come. There are a lot of other areas in this city where development of this type would be very welcome with land available. Not putting it in a area which will effect the well being of A Parish that has been a part of this city for over a century and shows every sign of being here for another. STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1426452 NOTICE OF PUBLIC HEARING TO WHOM IT notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 01/02/2014, in the issues of 01/02/2014 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 $13.42 Subscribed and sworn to before me this day of d{ L-- ,) 4 & NotarvU Public , 2x _ ,Ntt��Y�*Af. L DEER Is > . y COC�I'PHti•.cF SStOF� 140.781038 * r 113Y COMMIS3LON FiT RES f i':etswa• 1. 2013 (S. Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: COURIER NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 13th day of January, 2014, at 5:30 p.m., in the Council Chambers in the City Hall in the City of Waterloo, Iowa, a public hearing will be held by the Council of the City of Waterloo, Iowa, to approve a Develop- ment Agreement with Black Hawk Con- tracting and Development for the sale and conveyance of a portion of City - owned property along Lafayette Street near its intersection with East 3rd Street for 91.00, for the purpose of constructing six (6) townhouse dwellings, legally de- scribed as follows: Lots 8 and 9, in Block 31. Original Plat on the East side of the Cedar River, City of Waterloo, Black Hawk County, State of Iowa. Anyone who is interested may appear at said time and place and be heard or may .file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Wa- terloo this 16th day of December, 2013. Suzy Schares City Clerk Preparer Information: Christopher S. Wendland, PO Box 596, Waterloo, Iowa 50704 (319) 234.5701 Name Address City Phone DEVELOPMENT AGREE •'ENT This Development Agreement (the "Agreement") is entered into as of , by and between Black Hawk Contracting & Development, Co. (the "Company") and the City of Waterloo, Iowa (the "City"). John R. Rooff Ill is a principal of Company and executes the personal guaranty at the end of this Agreement for the purposes stated therein. RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct buildings and related improvements on property located in the Downtown Urban Renewal and Redevelopment Plan area, generally located at Lafayette Street and East 3rd Street, and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property, or cause it to be conveyed, to Company for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's DEVELOPMENT AGREEMENT Page 2 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 and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. City shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. 2. Improvements by Company. Company shall subdivide the Property into six (6) separate lots to allow for the construction of one (1) townhome of not less than 1,000 square feet on each lot. Each separate lot upon which a home will be constructed (a "phase") shall be completed to a finished state, including installation of driveways and sidewalks, removal of all construction debris, proper leveling or shaping of groundscape, and grassing and/or landscaping (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements will have a total market value upon completion of no less than $140,000 per townhome. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". All Improvement designs for buildings and layout shall be approved by a City -designated Design Build Management Team (DBMT) as appointed by the Mayor. 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to convey the Property to Company and that without said commitment City would not do so. Measured from the date the Property is deeded to Company, Company must obtain a building permit and begin construction on the first phase within four (4) months, on the second Phase within eight (8) months, and on all remaining phases by June 1, 2015. Construction of all phases shall be completed no later than September 30, 2015. If Company has not, in good faith, begun the construction of any phase of the Improvements on the schedule stated above, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun at the end of any phase commencement period but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not DEVELOPMENT AGREEMENT Page 3 economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of any phase or of the entire Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the Property shall revert to the City. 4. Platting and Release. The parties expect that Company will plat the Property for purposes of the Project. As nearly as reasonably possible, the area platted for each phase shall be comprised of a roughly equivalent area as measured in square feet. In connection with any sale by Company of that part of the Property corresponding with a completed phase of Improvements, City agrees to release such part of the Property from the conditions and restrictions set forth in this Agreement. A release of any such part of the Property shall not affect the continued effectiveness and enforceability of this Agreement as to any part of the Property that is not specifically released. 5. Reverter of Title; Indemnity. Title shall not revert to City as to any phase of Improvements that has been substantially completed as provided in this Agreement. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property, or phase thereof, that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property or phase conveyed. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney- in-fact. Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. DEVELOPMENT AGREEMENT Page 4 6. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 7. Water and Sewer. Company will be responsible for extending water and sewer service from the public right of way to any location on the Property and for payment of any associated connection fees. 8. Tax Rebates. Provided that Company has completed the Improvements as set forth herein, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One 50% rebate Year Two 50% rebate Year Three 50% rebate Year Four 50% rebate Year Five 50% rebate Year Six 50% rebate Year Seven 50% rebate Year Eight 50% rebate Year Nine 50% rebate Year Ten 50% rebate for any taxable value over the January 1, 2013 land value of $33,660 for the Property as a whole, or $5,610 per phase parcel after platting. Rebates are payable in respect of a given year only to the extent that Company or a future owner of the Property or a phase parcel has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. Rebates will be paid on a phase -by -phase basis after Company plats the Property as contemplated by this Agreement. The first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the Improvements relating to a given phase, and not based on a prior year for which the assessment is based solely upon (x) the value of the Property DEVELOPMENT AGREEMENT Page 5 or a phase parcel or upon (y) the value of the Property or a phase parcel and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. The parties agree that rebates are intended for the benefit of Company to compensate it for certain of its development costs and will not run with the land. City shall pay rebates to the Company even if Company conveys the property to a third party, unless City receives from Company a written assignment of its rebate right, in a form reasonably acceptable to City, to the owner of the phase parcel. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 11. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in unimproved phase portions of the Property prior to completion of the improvements pertaining to such phase of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. DEVELOPMENT AGREEMENT Page 6 12. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 13. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Black Hawk Contracting & Development Co., 1509 Commercial Street, Waterloo, Iowa, 50701, Attention: John Rooff, with a copy to Eric W. Johnson, Esq., Beecher Law Firm, 620 Lafayette Street, Waterloo, Iowa 50703. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 14. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. DEVELOPMENT AGREEMENT Page 7 16. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 17. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 18. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 19. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 20. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 21. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA BLACK HAWK CONTRACTING & DEVELOPMENT CO. : BY Ernest G. Clark, Mayor Attest. Suzy S hares, City Clerk By: John R. Rooff, III, President DEVELOPMENT AGREEMENT Page 8 [personal guaranty on next page] PERSONAL GUARANTY. The undersigned, being either an officer, shareholder, manager, or member of Company, hereby agree for themselves and their heirs, personal representatives, and assigns, to unconditionally guarantee to City, its successors and assigns, the full and prompt performance by Company, its successors and assigns, of all promises and covenants on the part of Company to be performed pursuant to the foregoing Agreement, including but not limited to the duties of indemnity set forth therein. Liability of multiple guarantors hereunder is joint and several. John R. Rooff, Ill EXHIBIT "A" Legal Description of Property Lots 8 and 9, in Block 31, Original Plat on the East Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa. MICHELLE WESTPHAL From: Calvin Horn <calvinsjunk2004@yahoo.com> Sent: Monday, February 17, 2014 9:48 AM To: QUENTIN HART; DAVID JONES; CAROLYN COLE; TOM LIND; pifm59 @mchsi.com; STEVE SCHMITT; MICHELLE WESTPHAL Subject: parking lot behind Queen of Peace This parking lot is extremely important to Queen of Peace Parish. As for the lot being underutilized: I can't remember a Saturday afternoon mass or Sunday morning mass when it wasn't used. That is when we have permission to use it freely. When we first became Queen of Peace we were told we were not allowed to use it during the week. Admittedly, it is used less in the winter. Nobody plows it and in past years the city or somebody has used the second aisle as a snow dump. Sunday, Feb 16th a dozen cars were parked in there despite the snow not being removed. The signs on the stalls say leased stall & private parking which deters visitors to the downtown area (Lincoln Park activities) from parking in there as well. While we do not want to downplay the importance of fiscal responsibility in government, Cedar Valley churches offer a value that cannot be measured in money. In addition to spiritual enrichment Queen of Peace provides a weekly community meal free of charge to anyone who chooses to participate. We help support St. Vincent DePaul and Catholic Worker house. We participate in a toy drive and food drives for items to be distributed to those in need. And even though Queen of Peace does not pay property tax, our parishioners do. As to the assessed value of this lot, we have compared other similar lots in the area to this one and believe this one to be somewhat over assessed. We would be glad to provide specific examples. Could somebody get a copy of this to Ron Welper. Calvin and Sandi Horn 1 DEANNE KOBLISKA From: SUZY SCHARES Sent: Monday, February 17, 2014 10:27 AM To: DEANNE KOBLISKA Subject: FW: parking lot behind Queen of Peace Suzy Schares, CMC City Clerk/ HR Director City of Waterloo 715 Mulberry Street Waterloo IA 50703 319-291-4522 #3008 From: MICHELLE WESTPHAL Sent: Monday, February 17, 2014 10:09 AM To: MAYOR CLARK; SUZY SCHARES Subject: FW: parking lot behind Queen of Peace Hard copies will be placed in Council mailboxes. mmw From: Calvin Horn fmailto:calvinsjunk2004@yahoo.comj Sent: Monday, February 17, 2014 9:48 AM To: QUENTIN HART; DAVID JONES; CAROLYN COLE; TOM LIND; pifm59@mchsi.com; STEVE SCHMITT; MICHELLE WESTPHAL Subject: parking lot behind Queen of Peace This parking lot is extremely important to Queen of Peace Parish. As for the lot being underutilized: I can't remember a Saturday afternoon mass or Sunday morning mass when it wasn't used. That is when we have permission to use it freely. When we first became Queen of Peace we were told we were not allowed to use it during the week. Admittedly, it is used less in the winter. Nobody plows it and in past years the city or somebody has used the second aisle as a snow dump. Sunday, Feb 16th a dozen cars were parked in there despite the snow not being removed. The signs on the stalls say leased stall & private parking which deters visitors to the downtown area (Lincoln Park activities) from parking in there as well. While we do not want to downplay the importance of fiscal responsibility in government, Cedar Valley churches offer a value that cannot be measured in money. In addition to spiritual enrichment Queen of Peace provides a weekly community meal free of charge to anyone who chooses to 1 participate. We help support St. Vincent DePaul and Catholic Worker house. We participate in a toy drive and food drives for items to be distributed to those in need. And even though Queen of Peace does not pay property tax, our parishioners do. As to the assessed value of this lot, we have compared other similar lots in the area to this one and believe this one to be somewhat over assessed. We would be glad to provide specific examples. Could somebody get a copy of this to Ron Welper. Calvin and Sandi Horn 2 DEANNE KOBUSKA From: SUZY SCHARES Sent: Monday, February 17, 2014 10:27 AM To: DEANNE KOBLISKA Subject: FW: Queen of Peace Church letters (note there are two) Attachments: 20140217093643385.pdf Importance: High Suzy Schares, CMC City Clerk/ HR Director City of Waterloo 715 Mulberry Street Waterloo IA 50703 319-291-4522 #3008 From: NOEL ANDERSON Sent: Monday, February 17, 2014 10:07 AM To: MAYOR CLARK; COUNCIL MEMBERS Cc: SUZY SCHARES; MICHELLE WESTPHAL; MICHELLE WEIDNER Subject: Queen of Peace Church letters (note there are two) Importance: High All — please see the email below requesting information from the church, and the attached two letters of response from the church on the potential acquisition of the parking lot that John Rooff is requesting to buy and redevelop for housing. Notes: 1. The 1st letter from church was inconclusive as to an actual offer price or timeline for the church to acquire. 2. The second letter from church (received today) notes a payment schedule and total acquisition proposal from church. 3. The church, led by Jim Glaza, met with Mayor Hurley and city staff back in 2006-2007 to talk about buying lot, but did not move forward. Were informed of Sale of Property Policy and non-profit entities paying assessed value for projects, as they do not pay property taxes. -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 "Try not. Do or do not. There is no try."— Yoda, Jedi Master 1 From: NOEL ANDERSON Sent: Tuesday, February 04, 2014 10:35 AM To: 'supervisors@co.black-hawk.ia.us' Subject: to Craig White Craig — per your conversation with the Mayor last week, I think it may be best for you to forward a formal written offer for the parking lot as you discussed with Mayor. This would allow the City Council to properly evaluate the options of the Rooff development versus the option to sell to church. Note — the action for hearing on the 17th will be whether or not to approve the Rooff request. Any sale to church would require a new hearing. In the conversation with Mayor, it was noted the church may need time to make payments. Please note the timing and amount of payments the church would propose. We have generally not taken payment for sale of land, but it is a City Council decision. Thanks, and let me know if you have any additional questions or need any information from me on this matter, 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 "To the world you may be one person, but to one person you may be the world."- Heather Cortez 2 DEL NNE KOBLISKA From: SUZY SCHARES Sent Monday, February 17, 2014 9:53 AM To: DEANNE KOBLISKA Subject: FW: parking lot behind Queen of Peace Suzy Schares, CMC City Clerk! HR Director City of Waterloo 715 Mulberry Street Waterloo IA 50703 319-291-4522 #3008 From: Carolyn Cole jmailto:Carolyn.Cole@vgm.com] Sent: Monday, February 17, 2014 9:50 AM To: SUZY SCHARES Subject: FW: parking lot behind Queen of Peace For the record. Carolyn Cole Vice president -communications VGM Group, Inc. P.O. Box 2817 Waterloo, IA 50704 319-274-6509 From: Calvin Horn(mailto:calvinsjunk2004@yahoo.coml Sent: Monday, February 17, 2014 9:48 AM To: councilmanHart@mediacombb.net; david.jones.ward1@gmail.com; Carolyn Cole; tomlindcitycouncil@gmail.com; pifm59@mchsi.com; sschmitt@schmitthouse.com; mayor@waterloo-ia.orq Subject: parking lot behind Queen of Peace This parking lot is extremely important to Queen of Peace Parish. As for the lot being underutilized: I can't remember a Saturday afternoon mass or Sunday morning mass when it wasn't used. That is when we have permission to use it freely. When we first became Queen of Peace we were told we were not allowed to use it during the week. Admittedly, it is used less in the winter. Nobody plows it and in past years the city or somebody has used the second aisle as a snow dump. Sunday, Feb 16th a dozen cars were parked in there despite the snow not being removed. 1 Th signs on the stalls say leased stall & private parking which deters visitors to the downtown area (Lincoln Park activities) from parking in there as well. While we do not want to downplay the importance of fiscal responsibility in government, Cedar Valley churches offer a value that cannot be measured in money. In addition to spiritual enrichment Queen of Peace provides a weekly community meal free of charge to anyone who chooses to participate. We help support St. Vincent DePaul and Catholic Worker house. We participate in a toy drive and food drives for items to be distributed to those in need. And even though Queen of Peace does not pay property tax, our parishioners do. As to the assessed value of this lot, we have compared other similar lots in the area to this one and believe this one to be somewhat over assessed. We would be glad to provide specific examples. Could somebody get a copy of this to Ron Welper. Calvin and Sandi Horn 2 Opposed to the development of East 3rd and Lafayette Streets proposal with Black Hawk Contracting and development. Marlene Steimel 733 Boston Ave. Waterloo, IA 50703 319-234-3271 SUZY SCHARES From: Pat Burke <patburke28@yahoo.com> Sent: Monday, February 03, 2014 9:52 AM To: SUZY SCHARES Subject: Fw: Letter of opposition for the sale of city parking at 3rd and Lafayette and all other land. Forwarded Message From: Pat Burke <patburke28@yahoo.com> To: Suzy Shares <suzy.shares@waterloo-ia.org> Sent: Monday, February 3, 2014 9:37 AM Subject: Letter of opposition for the sale of city parking at 3rd and Lafayette and all other land. From: Pat Burke 130 Sabrina Circle Waterloo, Iowa 50703 To: Mayor Clark and all Council Persons: I am writing to you concerning the sale of city owned property. I know that the policy has been labored on in recent years. I submit to you that the policy needs further revision for the sake of transparency, fiduciary responsibility and fairness. I am requesting a moratorium on the sale of any further property until the above referenced deficiencies in the policy are corrected. At present approximately 40 vacant build -able city lots are listed for sale on the City's web site. The parking lot at 3rd and Lafayette is not listed as one for sale. Neither was the previous parking lot at 6th and Jefferson listed as being for sale when it was sold and where the bank sits now. I realize the listed lots are in a different category compared to the above cited parking lots but the sale of any city property calls for proper notification to the public. Let us walk though the theoretical future sale to me of city property located in the next block. With the rebuild of 63 coupled with recent development activity along Franklin I would like to buy the city owned property at the corner 2nd and Franklin. (Just happens to be part of what the General Public perceives as Fire Station #1 so who would ever think it would be for sale) Two parcels with total footage of 100' by 145' would cost me $2. I go to planning and zoning and want to buy these parcels and it is just costing the city expense to mow them etc. I guess the way the process works is that yes I should be able to buy these parcels based on increasing the tax base. So I get my general site plan in order and have the city paid consultant review and okay it. Now it is 2015 and we will notify the general public of this sale to me only because it needs to go before the city council for approval. 1 For a whole year the public had no idea that planning and zoning had agreed to recommend the sale of this land to me or any idea the land was actually for sale. So we lacked transparency when I am buying this land. The business of the city is not being conducted in the openness needed. Because of the way the process works we have no way of knowing if we left money on the table. My proposal was to purchase for $2 and meet the tax requirement. Perhaps if another entrepreneur had known about this opportunity they would have paid $5000 and maybe doubled the taxes versus my project. We leave no competitiveness in the process and may be depriving ourselves of revenue which is quite irresponsible of us. What is the criteria for sale of a city parking lot? Not to litigate the parking lot sale on Jefferson again but what is the objective criteria? What is under -utilization? I always seen quite a few cars parked in it whenever I went by it. Why did we build city parking ramps that appear to be underutilized and a tax burden on us? Should not we sell the ramps also? I mean the businesses on Jefferson allegedly underutilized that lot so lets sell the ramps. I do not want to border on the outlandish but only use it to point out that the present policy does not have a clear set of guidelines to ascertain what property is for sale. It does not allow for timely notification of land for sale to the general public at large. Thus when the parcel for sale does become public knowledge it does not allow for competitive bidding. Some sitting members of the Council worked diligently and a lot of hours when the land sale policy was finally adopted. I remember it had to be revisited, tabled etc. etc. a number of times. I hazard to say that I doubt that the Council truly had the present process in mind nor that parking lots would go up for sale. I urge you to revisit the policy to address the above referenced flaws and halt sales of this type until these issues can be properly addressed. Finally I will only burden you with one other thought. Planning and Zoning is placed in a contradictory position. If Queen of Peace would propose to build the exact same Church I estimate they would be told that the project would require 300 to 350 parking spaces under present statues. Such statues being for welfare and orderly way of life of all citizens. The developer would be told that a handshake agreement with the generous Elks Club could not be considered. Why would the same city department then recommend sale of public land that helps a Grand Fathered entity come closer to compliance with city statue? Should this not be one of the criteria that needs to be considered? I believe so. I trust you will use your valuable time to weigh these concerns and I thank you in advance for your difficult and diligent work. Sincerely, Pat J. Burke 2 Note Base map dab source is Black HawkCounty. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein ether expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The City or Waterbo makes no y, express or implied, as to the accuracy of the e ertoo information shown on this map, and expressly disclaims liability for the accuracy Mereof Users should refer to off ial plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete a. accurate Information. 9AM '. fVWl� Note'. Base map data source is Black Hawk County. This map does not represent a survey, no liability assumedis for the accuracy of the data delineated herein, eitheexpressed or implied by Black Hawk County. the Black Hawk County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, as to the accuracy of the information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc located at the Black Hawk County Assessor's Office for complete a. accosts information. Crossroads Mall 11 lb Note: Base map data source is Black Hawk County. This map does not represent survey, no liability is mad for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor, or their employees. The coy of Waterloo makes no warranty, express or Implied, as to the accuracy of the Information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, eto located at the Black Hawk county Assessor's Office for complete and accurate information. 300' Radius From Entrance Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-117 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF A PORTION OF CITY -OWNED PROPERTY LOCATED ALONG LAFAYETTE STREET NEAR ITS INTERSECTION WITH EAST 3RD STREET, FOR $1.00, PLUS COSTS, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcel of real property has been made by Black Hawk Contracting and Development in the sum of $1.00, plus costs, and WHEREAS, a public hearing was held on February 17, 2014, at 5:30 p.m. in the Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to Black Hawk Contracting and Development, and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on January 2, 2014, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2. That the offer of Black Hawk Contracting and Development to purchase real property for the sum of $1.00, and costs, for real property described below: Lots 8 and 9, in Block 31, Original Plat on the East Side of the Cedar River, City of Waterloo, Black Hawk County, Iowa. 3. That the City of Waterloo, Iowa convey said parcel of real property to Black Hawk Contracting and Development by deed. 4. That the Mayor and City Clerk are hereby authorized to execute and deliver deed to Black Hawk Contracting and Development. 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council. 6. That the City Clerk is authorized and directed to deliver said deed of conveyance to Black Hawk Contracting and Development upon receipt in the sum of $1.00, and costs. Resolution No. 2014-117 Page 2 PASSED AND ADOPTED this 17th day of February, 2014. E n It G. lark, Mayor ATTEST: uzy Sch. es, CMC City Cler Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-118 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH BLACK HAWK CONTRACTING AND DEVELOPMENT OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement dated February 17, 2014, for the sale and conveyance of a portion of city -owned property located along Lafayette Street near its intersection with East 3rd Street for $1.00, plus costs, for the construction of six (6) townhouse dwellings, by and between Black Hawk Contracting and Development 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 17th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Shares, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 17, 2014 Prepared: February 10, 2014 Dept. Head Signature: Daniel J. Trelka # of Attachments: 1 SUBJECT: Request authorization to lease two 2010 Harley-Davidson police motorcycles for a period of twelve months from Silver Eagle Harley-Davidson/Buell. Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Approve request Summary Statement: This is a one-year lease to continue the motorcycle patrol that the Police Department uses during the summer months for $135.00 per month/per bike for twelve months. Expenditure Required: Yes Source of Funds: General Funds Policy Issue: None Alternative: The Police Department does not own police motorcycles. Without the lease there would be no motorcycle patrol enforcement during the warmer months. Background Information: None 1 of 3 SILVER EAGLE HARLEY-DAVIDSONBUELL FLHPI LEASE This agreement made and entered into between Silver Eagle Harley-Davidson/Buell, designated as the lessor, and the City of Waterloo, Iowa, designated as the lessee, made this 1st day of April in the year 2014 , for the purpose of leasing to the lessee two (2) Harley-Davidson Police Motorcycles under the following terms and conditions: 1. EQUIPMENT. 2010 Harley-Davidson Police motorcycle, model FLHP with windshield, tour pack, and saddlebags. VIN# 1HD1FHM13AB647551. 2010 Harley-Davidson Police motorcycle, model FLHP with windshield, tour pack, and saddle bags. VIN# 1HD1FHM10AB648141. 2. AGREEMENT TERMS. This shall be effective as of the date of execution through December 31, 2014. This twelve (12) month lease is turnable after nine (9) months. The motorcycle(s) leased under this agreement is to be used for police and related activities only. The twelve (12) months of the lease the lessee is responsible for maintenance listed in section 3, and the insurance requirement in section 4. The twelve (12) months of the lease, the lessee is required to pay an amount of $135.00 per month/per bike for twelve (12) months/per bike or $1620.00/per bike for the year along with maintenance in section 3, and the insurance requirement in section 4. This lease provides for the installation of law enforcement equipment. 3. MAINTENANCE. Lessee shall pay for services provided to the motorcycle(s) for normal wear & tear items (i.e.: brakes, tires, etc.). Lessee shall be billed the usual and customary service costs of the lessor in connection, with the services provided. Payment will be for services on the motorcycle(s), not for the motorcycle(s) themselves. 4. INSURANCE. At their own expense, the lessee shall carry automobile liability insurance with a minimum combine single limit of $1,000,000 with respect to the motorcycle(s), and shall carry public liability and property damage insurance sufficient to protect the lessor from liability in all events. The lessee shall carry workers compensation insurance covering all of it s employees working on, in or about the motorcycle(s). A certificate of insurance evidencing said coverage and listing the Silver Eagle Harley-Davidson/Buell, as additional name insured shall be issued to the lessee. 2 of 3 The lessee shall furnish to the lessor certificates or other satisfactory evidences of all insurance coverage described above as required terms and conditions of this agreement. The lessee shall carry comprehensive general liability insurance including general liability exposure coverage with a minimum combined single limit of $1,000,000. A certificate of insurance evidencing such coverage and listing the Silver Eagle Harley- Davidson/Buell as an additional name insured shall be issued to the lessee. 5. HOLD HARMLESS INDEMNIFICATION BETWEEN PARTIES. The lessee agrees to protect, defend, indemnify and hold harmless the lessor from and to the extent permitted by law, against any losses, penalties, damages, settlements, costs, charges or other expenses or liabilities of any kind in connection with the leasing of the motorcycle(s) as described in this document, except that the lessee shall not be liable for the negligence of the lessor that might arise out of the maintenance of the described motorcycle(s), or such losses that may arise while the motorcycle(s) are under the care, custody or control of the lessor. 6. CARE AND USE OF EQUIPMENT. The lessor agrees to maintain the motorcycle(s) pursuant to the manufacturer's standard preventive maintenance contract and/or recommendations. All repairs and maintenance shall be made at Silver Eagle Harley-Davidson/Buell, 4022 Sergeant Road, Waterloo, Iowa 50701. The lessees, at their own expense, shall ensure delivery of the motorcycle(s) to Silver Eagle Harley-Davidson/Buell, 4022 Sergeant Road, Waterloo, Iowa 50701, for every service starting at 1000 mile, 2500 mile, and 5000 mile for regular maintenance at the lessee's expense. The maintenance fee is done at the normal shop rate. The lessee shall protect the motorcycle(s) from deterioration other than normal wear and tear, the lessee shall use the motorcycle(s) for police related activities only, without abuse, and shall not make repairs, modifications, alterations or additions to the motorcycle(s) without written consent of the lessor. The lessor shall have the right, after first notifying lessee and during regular business hours, to enter upon the premises where the motorcycle(s) are located in order to inspect, observe or otherwise protect the lessor's interest, and the lessee shall afford them the reasonable opportunity to do so. 7. DAMAGE OR DETERIORATION OF THE MOTORCYCLE. In the event the motorcycle(s) are partially damaged or destroyed prior to the end of the term of this agreement, the lessee will promptly have the motorcycle(s) repaired and restored to its original condition and working order at their expense. 3 of 3 In the case of theft or total loss of the motorcycle the replacement value of the motorcycle shall be $15,500.00. 8. RIDER RESPONSIBILITIES. There shall be one or more rider for the motorcycle(s), and that rider shall be responsible for keeping the motorcycle(s) clean and for reporting any repairs needed to the lessor. 9. EVENTS OF DEFAULT AND REMEDIES Lessee shall be deemed to be in default under this agreement upon the happening of any of the following events of default. A. Lessee fails to comply with any term, covenant or condition contained herein. Upon the occurrence of any event of default as specified above, should lessee fail to remedy such event of default with all reasonable dispatch within a period of thirty (30) days, lessor shall have the right, after written notice to the lessee, to pursue any of the following remedies. 1. Repossession of the motorcycle(s), including the right to sell or lease the motorcycle(s) for the account of the lessee. The lessor shall be deemed to be in default under this agreement upon failure to comply with any term, covenant or condition contained herein. LESSEE: LESSOR: Silver Eagle Harley-Davidson/Buell By: By: Printed Name: Title: Anthony Lumetta, Owner Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-119 RESOLUTION APPROVING AGREEMENT WITH SILVER EAGLE HARLEY-DAVIDSON/BUELL OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated February 17, 2014, for the lease of two (2) 2010 Harley-Davidson police motorcycles for one year, at a cost of $135.00 per month per motorcycle, plus routine maintenance, by and between Silver Eagle Harley-Davidson/Buell of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 17th da_of February, 2014. ea/ Ernest G. Clark, Mayor ATTEST: Suzy Scha$es, CMC City Cler CITY OF WATERLOO Council Communication City Council Meeting: February 17, 2014 Prepared: February 11, 2014 Dept. Head Signature: Steve Wareham # of Attachments: 3 SUBJECT: Certification of Airport Property Interest as required by Grant Agreement with FAA. Submitted by: Sheila Combs, Airport Bookkeeper Recommended City Council Action: Approval of Certificate of Title required to complete Master Plan Project for Waterloo Regional Airport. Summary Statement Expenditure Required: N/A Source of Funds: N/A Policy Issue Alternative Background Information: This Certificate of Title is based upon a current title opinion prepared by attorney, Christopher Wendland, dated April 3, 2013. Title opinion has been reviewed and approved by FAA. CERTIFICATE OF TITLE FAA Central Region To: Manager, Safety and Standards Branch Subject: Waterloo Re. ionaf AIP Project No. - - - _ Airport 3-19-0094-33 This certification is made to satisfy (check both if applicable): 0 Part II Section C.10 of the Grant Application (FAA Form 5100-100) for existing airport property El Grant conditions relative to satisfactory title evidence for land being acquired under this project The City of Waterloo Section 47105(d) of the Federal Aviation Administration Authorizatiton Act er rofd1994to s(and amendments), hereby certifies that satisfactoryroe "Sponsor"), pursuant to property rty interest to the land indicated herein is vested in the Sponsor, as required by obligations of the referenced Grant Agreement with the Federal Aviation Administration. opinion on which this certification is based. The Sponsor hereby certifies that it holds the quality of title described below, as of the date of the attorney's title Parcel Number Per Exhibit A Tracts 1 through 33 Quality of Interest Fee, Easement*, etc., Easements A through L Parcels must be listed. Avoid simply referencing the Exhibit A Property Map. Attach additional sheets as necessary. *The Sponsor certifies that grantors of easements constitute all of the owners of the land affected by such easements, and they had such quality of title in and to such land as to enable them to convey the interest purported to be conveyed in and by the easements granted. No other interests or rights exist which are incompatible with or would interfere with the exercise and enjoyment by the Sponsor of the rights and interests conveyed. Sponsor hereby certifies that the Sponsor or the Sponsor's attorney have reviewed, evaluated and subordinated to airport use where necessary, all encumbrances and that no outstanding encumbrances exist which might affect the maintenance, operation, or development of the airport. Sponsor further certifies that if defects in the title require correction after acceptance of this Certificate of Title by the FAA, the Sponsor accepts full responsibility for clearing such defects, encumbrances, or exceptions at its own expense. attorney Christopher S. Wendland This Certificate of Title is based upon a current title opinion dated April 3, 2013 (name of attorney). by the sponsor's Sponsor certifies that the title opinion referenced above corresponds with the "Exhibit A" airport property map dated December 11, 2013 , AIP project number 3-19-0094-33 documents are not submitted herewith, copies of deeds and other appropriateAlthoughdenceofstitle foro title evidence file with the Sponsor and are available for inspection by the FAA. evidence title the land are on It is understood that the FAA reserves the right to require additional information at any time. City of Waterloo, Waterloo Regional Airport Name of Sponsor Signature and Title of Sponsor Official Authorized to Sign Grant Agreement Date A.ttorneys. at Law 315 E. 5th. Street ■ P.O..Box.596 ■.Waterloo,Iowa 507.04. ■ .(319):234-570,1 FAX (319) 232-957 w cbwhlaw tom •• • Wallace W. Butler, Retired Craig 0. Clark, 192372004 Fred G. Clark, Jr. 1922-1984. `. Emiiy.C.Bartekoske Joshua L. Christensen Timothy W. Hamann *. Jared R. Knapp Christy R. tJss James E. Walsh, Jr..** Christopher S. Wendland . . * Also admitted In Minnesota • **. &so admitted in Illinois, Minnesota and Wisconsin Bradley Hagen..: Waterloo Regional Airport 2790 Livingston Lane. Waterloo, IA 50703 Opinion of Title ` IDearMr. .Hagen: This opinion of title is to real property owned by the City of Waterloo, Iowa, or by the Waterloo Airport Commission, which in totality comprises the Waterloo Regional Airport.. This is to certify that I have examined the documents of title to the following-describedproperty, to- wit: See Exhibit "A" attached hereto. As of March 7,. 2013., I find feesimple-title to the above described real property to be in either the City of Waterloo, Iowa or the Waterloo Airport Commission, as .indicated. on Exhibit "A" :attachedhereto, subject to the following: 1. The real property is subject to various easements and rights-of-way as described in. Exhibit "B" attached hereto. None of the interests described will in any way. interfere with the use of the properties described on Exhibit "A" for airport purposes andwillnot affect the operation, maintenance or development of the airport.. 2. The leases and agreements currently in effect at said airport do not adversely affect the sponsor's possession and control of the airport or interfere with its ability to carry out the obligations and covenants set forth in the project application. In addition to the above-described property interests, the City of Waterloo, Iowa also hold avigation easements (recorded at various times from June 9, 1953 through November 26, 1985) over the following -described' property, to -wit: See Exhibit "C".attached hereto. I find that the grantors of the above-described avigation easements constituted all of the owners of the land affected by the. easements and that such grantors had such quality of title in• and to such. land as to enable them to convey the. interest purported to be conveyed in and by the Bradley Hagen April 3,-2013.... :Page2 easements granted, and that there are other interests or rights which are :incompatible: with or.. would interfere with the exercise and enjoyment by the City of the rightsand interests conveyed. Based on title examination, the,laws of the State of Iowa and title standards, I find no legal deficiencies in the title to said land except as noted herein. • Sincerely, CLARIK, BUTLER, WALSH & HAMANN Christopher S. Wendland EXHIBIT "A" Ownership All real estate is located in Townships 89 and 90 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, and more particularly indicated therein as follows, excluding road right of way and platted streets in all appropriate instances. Tract numbers referenced below are the tract designations shown on the airport property map dated November 2012. Tracts are grouped together below according to the section of land in which they are located. Tracts 8-20 are in Township 89, and all other tracts are in Township 90. Title held by City of Waterloo, Iowa: 1. Tracts 1-5, 30-33: Section 32, except W 1/2 of NW 1/4, in City of Waterloo. 2. Tracts 6-7: SW 1/4 and SW 1/4 of SE 1/4, in Section 33, in City of Waterloo. 3. Tracts 8-9, 12-13, 15-17: Section 5, including parts thereof platted as part of Lots 1-4 and part of Tract I, MidPort America Park Plat No. 1, and platted as Lots 13-14 and Tract L, MidPort America Park Plat No. 2, in City of Waterloo, except those parts of Section 5 consisting of railroad right of way and parcels lying generally Southerly of said railroad right of way. 4. Tracts 10-11, 14, 18-19: NW 1/4, and E %2 of SE 1/4, and SW 1/4 of NE 1/4, and W 37.38 acres of N frl 1/2 of NE 1/4, all in Section 4, except those parts thereof deeded to State of Iowa in 505 Deeds 94, 515 Deeds 402, and 112 LD 607, and except those parts thereof platted as MidPort America Park Plat No. 1 and MidPort America Park Plat No. 2, and except those parts thereof consisting of railroad right of way and parcels lying generally Southerly of said railroad right of way. AND Part of Lots 1, 3-4, and part of the SWIy 140.31 feet of Lot 2, and part of Tracts D and I, in that part of MidPort America Park Plat No. 1 lying within the SW 1/4 of Section 4, in City of Waterloo. AND Lots 6-9, Tracts A and C, and Tract B except that part thereof lying North of a line which begins at a point on the East line of said Tract B which is 420 feet South of the Northeast corner of said Tract B, thence North 90 degrees West 790 feet to the West line of said Tract B and point of termination, all in MidPort America Park Plat No. 1, in City of Waterloo. AND Lot 11, MidPort America Park Plat No. 2, in City of Waterloo. AND Lots 15-17, that part of Lots 18 and 19 lying in the SW 1/4 of SE % of Section 4, and Lot 21, all in MidPort America Park Plat No. 3, in City of Waterloo. 5. Tracts 21, 23: NE '/4 of SW 1/4, in Section 30, except that part deeded to State of Iowa in 562 LD 456, in Black Hawk County, and SE 1/4 of SE 1/4, in Section 30, in City of Cedar Falls. 6. Tracts 24-26: NE 1/4, in Section 31, in City of Cedar Falls, except that part deeded to State of Iowa in 562 LD 456. Title held by Waterloo Airport Commission: 7. Tract 20: SE 1/4 of NE 1/4, and E V2 of SE 1/4 including portions thereof platted in MidPort America Park Plat No. 3, in City of Waterloo, as Lot 20 and those parts of Lots 18, 19 and 22 lying in E'/2 of SE 1/4, in City of Waterloo. 8. Tract 22: NW 1/4 of SE 1/4, in Section 30, in Black Hawk County, and SW 1/4 of SE 1/4 in Section 30, in City of Cedar Falls, except that part deeded to City of Cedar Falls in 562 LD 461. 9. Tracts 27, 29: W %2 of NW 1/4, Section 32, in City of Waterloo. 10. Tract 28: SE 1/4 of SE 1/4 and E %2 of SW 1/4 of SE 1/4, in Section 29, in Black Hawk County. 2 EXHIBIT "B" Easements and Rights -of -Way Tract numbers referenced below are the tract designations shown on the airport property map dated November 2012. 1. Right of way and easement to American Telephone and Telegraph Company of Iowa for construction, operation, etc. of a communication system, equipment and facilities. Runs along westerly 5 feet of Tracts 8, 12 and 15, easterly of road right of way. Filed in 39 Misc. 124 on January 14, 1944. 2. Easement to Cedar Falls Municipal Utilities for electric line and related fixtures. Covers South 10 feet of North 36 feet of East 35 feet of West 68 feet of Tract 8. Filed in 12 Ease 617 on November 22, 1993. 3. Utility easements as shown on plats for MidPort America Park Plat No. 1, Plat No. 2, and Plat No. 3. These plats affect Tracts 14, 16, 17, 18 and 19. Filed respectively in Y Plat 79 on September 4, 1997, as Doc. No. 2005-25752 on May 6, 2005, and Doc. No. 2011- 15877 on February 8, 2011. 4. Right of way to Iowa Public Service Company for construction, operation, etc. of electric line and related fixtures. Covers an area 14 feet wide adjacent to railroad right of way, on the northerly side thereof, lying in Tracts 14, 15, 16, 17 and 19. Filed in 5 Ease 436 on January 27, 1977. 5. Easement dedication by City of Waterloo for utility purposes over an area that generally constitutes a portion of future MidPort Blvd., lying easterly of MidPort America Park Plat No. 1 and later designated as Tract "J" in MidPort America Park Plat No. 2. Covers Tracts 14 and 20. Filed in 338 Misc 645 on June 5, 2000. 6. Easement to Cedar Falls Utilities for fiber optic transmission lines, lying within right of way for Airport Blvd. and Wagner Road. Covers Tracts 18 and 20. Filed in 315 Misc 358 on April 11, 1995. 7. Easement to ConAgra Foods Packaged Foods, LLC for use, maintenance, etc. of rail track over the southerly portion of Tract A, MidPort America Park Plat No. 1. Covers Tract 18. Filed March 6, 2009 as Doc. No. 2009-16540. 8. Easement to HLA 1031, LLC for construction, use, maintenance, etc. of area for vehicular parking and travel, located upon a part of Lot 22, MidPort America Park Plat No. 3. Covers Tract 20. Filed June 3, 2011 as Doc. No. 2011-22971. 9. Right-of-way permits to Northwestern Bell Telephone Company for construction, operation, maintenance, etc. of telephone lines and related fixtures, along certain described property lines. Covers Tracts 21 and 22. Filed December 17, 1943 in 38 Misc 386 and 38 Misc 388. 10. Right of way to Iowa Public Service Company for electric lines and fixtures. Covers the west 100 feet of the north 2300 feet of Section 32, lying in Tracts 27 and 29. Filed April 25, 1972 in 4 Ease 278. 11. Right to Iowa Telephone Company for telephone and telegraph lines and fixtures over and upon an unspecified portion of Tract 32, including along roads or streets then existing. Filed November 6, 1917 in 3 Misc 115. 12. Temporary easement to City of Cedar Falls for reconstruction and repair of Leversee Road and Lone Tree Road. Covers land in Tract 32. Filed January 18, 2013 as Doc. No. 2013-15068. 2 EXHIBIT "C" Avigation Easements All real estate is located in Townships 89 and 90 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, and more particularly indicated therein as follows, excluding road right of way and platted streets in all appropriate instances. Tract letters referenced below are the tract designations shown on the airport property map dated November 2012. Tracts A -C are in Township 90, and all other tracts are in Township 89. Tract A: All that part of S 1/2 of SW 1/4 of Section 30 lying East of railroad right of way, in City of Cedar Falls Tract B: A part of the NE 1/4 of SE 1/4 of Section, in Black Hawk County, described as follows: Beginning at the SE corner thereof; thence West to SW corner thereof; thence North to NW corner thereof; thence SEly on a diagonal to the place of beginning. Tract C: SW 1/4 of SW 1/4, Section 29, in Black Hawk County. Tract D: All that part of the West 37.38 acres of the North frl %Z of the NE frl 1/4 of Section 4, in City of Waterloo, described as follows: Commencing at the NW corner of the NE frl 1/4 of said Section 4; thence South along the West line of said NE frl '/4 a distance of 33 feet to the point of beginning; thence South along the West line of said NE frl % a distance of 555 feet; thence SEly along a straight line to a point on a line which is 833 feet South of (as measured parallel with the West line of said NE frl 1/4) and parallel with the North line of said NE frl 1/4 which point is 319 feet East of (as measured parallel with the North line of said NE frl 1/4) the West line of said NE frl 1/4; thence East parallel with the North line of said NE frl 1/4 to the East line of the West 37.38 acres of the North frl 1/2 of said NE frl 1/4; thence North along the East line of said West 37.38 acres to a point which is 33 feet South of the North line of said NE frl 1/4; thence West along a straight line to the point of beginning. Tract E: The West 875 feet of that part of the SE 1/4 of SW 1/4 of Section 4, in City of Waterloo, lying south of railroad, and except the South 60 feet. Tract F: That part of the SW 1/4 of SW 1/4 of Section 4, in City of Waterloo, described as follows: Commencing at the SE corner of the SW 1/4 of the SW 1/4 of Section 4; thence West along the South line of said SW 1/4 a distance of 228.3 feet; thence North a distance of 60 feet to a point on the North right-of-way line of Highway 57 that is the point of beginning; thence continuing North along said line a distance of 338.2 feet to a point on the Sly right-of-way line of the Illinois Central Railroad that is a distance of 229.6 feet Wly along said Sly right-of-way line from a point on the East line of the SW '/4 of SW 1/4; thence running Wly along said Sly right-of-way line a distance of 586.79 feet to a point that is 150 feet measured at right angles, from the center line of the airport access road; thence running South on a line parallel with and 150 feet from said center line of access road a distance of 386.64 feet to a point on the North right-of-way line of Highway 57, said point being a distance of 60 feet North of the South line of the SW 1/4; thence running East along said right-of-way line a distance of 577.4 feet to the point of beginning. Tract G: A part of the SW 1/4 of the SW 1/4 of Section 4, in City of Waterloo, described as follows: Beginning at a point 60 feet North and 805.7 feet West of the SE corner of the SW 1/4 of the SW 1/4 of said Section 4; thence Wly parallel with the South line of said Section 4 a distance of 100 feet to a point 50 feet east of the centerline of the airport access road known as Airport Blvd; thence Nly parallel to and 50 feet from the centerline of Airport Blvd to the Sly line of the ICRR right of way; thence SEly along the Sly line of the ICRR right of way to a point 150 feet Ely of the centerline of Airport Blvd. said point also being 816.39 feet Wly of the East line of the SW 1/4 of the SW 1/4 measured along the Sly line of the ICRR right of way line; thence Sly to the point of beginning. Tract H: The East 100 feet of that part of the SW 1/4 of Section 4, in City of Waterloo, described as follows: Commencing at a point on the North line of the right-of-way of the Illinois Central Railroad 60 feet east of the center line of the access road to the Waterloo Municipal Airport (said point being reached by proceeding North along the West line of said Section 4 from the SW corner of said Section, a distance of 559 feet to the North line of the Illinois Central Railroad right-of-way; thence East along the North line of said right-of-way at an angle of 90°41' a distance of 302.90 feet to the center line of said access road; thence East 60 feet along the North line of said right-of-way); thence North from said point of beginning parallel with the center line of said access road and 60 feet East therefrom a distance of 400 feet; thence East parallel with the South line of said Section 4 a distance of 500 feet; thence South parallel with the center line of said access road to the North line of the right-of-way of the Illinois Central Railroad; thence West along the North line of said right-of-way to the point of beginning. Tract I: That part of the SW 1/4 of the SW 1/4 of Section 4, in City of Waterloo, described as follows: Beginning at a point on the West line of the SW 1/4 of Section 4 that is 60 feet North of the SW corner of said Section; thence North 00°40' East along the West line of the SW 1/4 of said Section a distance of 399.17 feet to a point on the South right of way line of the Illinois Central Railroad; thence South 88°43' East along said South right of way line a distance of 216.25 feet to a point that is 150 feet West of the centerline of existing access road to the Waterloo Municipal Airport; thence South 00°26' East parallel with and 150 feet from said centerline of access road a distance 394.1 feet to a point on the North right of way line of U.S. Highway No. 20; thence running due West along said right of way line that is 60 feet from and parallel with the South line of the SW 1/4 of Section 4 a distance of 224.33 feet to the point of beginning. Tract J: That part of the SE 1/4 of the SE 1/4 of Section 5, in City of Waterloo, described as follows: Beginning at a point on the East line of the SE 1/4 of Section 5 that is 60 feet North of the SE corner of said Section; thence South 89°26' West along the North right of way line of Highway No. 20 a distance of 75.67 feet; thence North 00°34' West a distance of 401.97 feet to the South right of way line of the Illinois Central R.R.; thence South 88° East along said South right of way a distance of 84.34 feet to a point on the East line of the SE 1/4 of Section 5; thence S. 00°40' West along the East line of the SE 1/4 of said Section a distance of 399.17 feet to the place of the beginning. 2 Tract K: That part of the SE 1/4 of Section 5, in City of Waterloo, described as follows: Commencing at the SE Corner of Section 5; thence running West along the South line of the SE 1/4 of said Section 5 a distance of 74.38 feet; thence running at an angle of 90° to the right from the last described line Nly a distance of 126 feet to the point of beginning. Thence running West from said point of beginning on a line parallel with and 126 feet North of the South line of the SE 1/4 of Section 5 a distance of 1790.78 feet; thence running at an angle of 90° to the right in a Nly direction a distance of 393.76 feet to the South Right of Way line of the Illinois Central Railroad; thence running at an angle of 91°51' to the right in a SEly direction along the South Right of Way line of said Railroad a distance of 1791.74 feet to a point that is 84.34 feet NWly from the East line of Section 5. Thence running at an angle of 88°09' to the right in a Sly direction a distance of 335.97 feet to the point of beginning. Tract L: That part of the SW 1/4 of the SE 1/4 of Section 5, in City of Waterloo, described as follows: Beginning at a point on the North Right of Way Line of US Highway 20 that is 1865.16 feet West of the SE Corner of Section 5 and 126 feet North of the South Line of the SE 1/4 of said Section; thence West on a Line 126 feet from and parallel with the South Line of the SE 1/4 of said Section a distance of 794.73 feet to a point on the West Line of the SE 1/4 of Section 5; thence at an angle to the right of 91°06' Nly along the West Line of the SE 1/4 of said Section a distance of 419.43 feet to a point on the South Right of Way Line of the Illinois Central Railroad; thence at an angle to the right of 90°46' SEly along the South Right of Way Line of the Illinois Central Railroad a distance of 785.12 feet; thence at an angle to the right of 88°08' South a distance of 393.76 feet to the point of beginning. 3 Omar.. Imo ERIE MEM IEEE AIRPORT MASTER PLAN UPDATE FAA AIP NO. 3-1S-0094-33 WATERLOO REGIONAL AIRPORT WATERLOO, IOWA PROPERTY MAP AECOM :®- ®: Com, 'OR ---- MI NMI -� - --_ MI MINN • III ::C - --_ 0 00E:MM ••AMGATONFASFMEND WERE RESERVED ON ALL PARCELS RELEASED Y THE FEEMLAVIATION ADMINISTRATION ROM ORIGINAL TRACT FOR ROAD OR PUBLIC RA W. USE. B PROPERTY MAP DATA TABLE DATE DECEMBER 11, 2013 PROJECT NO 80190033 510E1 NO 21 DRAWING NO WNR OFPECORO. PROPERTY ACREAGEACREAGE FAA PROJECT ENA DATE 9/33/193 DATE 11/1/1943 BOOT PAG RECORDER., WSRHMFTON rxUPEKTY DATA PROPERTY MI 4F1020fE91•• TABLE RELEASED DS AND SOLD ROOFATY RELEASED T NOT SO R 1� 2 OTT OF WATERLOO TIIYDF WATERLOO ROY N.&MNCHE j VAN DEEM .R3 WHITE 38-542 CONDEMNATION 0.00 2920 REMAPNS PMT OF PARCEL E RELEASED ON APRIL 4,2007 4 CITY OF WATERLOO CITYOFWA)RWO MYRTLE ALICE SHIRK ENR.&DORIS 729 1600 NA PL4 10/11/1943 10/11/1943 1/1/1944 11/4(1943 3&540 38-510 CDNOEMNATON CONOMNATION 2311 455 000 000 1500 PART OF PARCEL E RELEASED ON AR1142007 071 Of WATERLOO 1T SON 0056RPHENA BOA NA 9/33/1943 11/4/1943 38-512 CONDEMNATION 5397 000 460 5397 OF PARCEL E RELEASED ON APRIL 4 2007 PART OF PARCEL B RELEASED ON APRIL 4, 2007 6 CITY OF WATERLOO HARKKR /L COPIEY ' BOLO NA 10/11/1913 IUD/IN3 38540 COrvDEMYUTON 7 8 <ITYOF WATERLOO OTT OF WATERLOO LEAVITT & JOHNSON COOUD�CO9 1600 39.0 74 744 9/23/1993 9/13/1943 11/4/1343 11/4/1943 38-542 33-543 CONDEMNATION CONDEMNATION 9 SITE OFW4TERLOO GLENN D.& MARION cox CLARENCEE PIKIEY 65.2 LEA 10/11/1943 11/4/1343 19-344 CONDEMNATION 66.82 000 6652 PMT OF PARCEL C RELEASEE ON ARIL 4, 2007 10 112 3 DN OF WATERLOO 0I7 OFWATERLOO/0HN&EMMAMIES ROUE R. & RENA E. CNEEY 660 50.3 894 NA NA NA 10/11/1943 9/23/1943 /23/1943 11/4/1343 11/4/1943 ]OA/0933 38-540 39.541 96-15 CONDEMNATION CONDEMNATION 13 14 CITY OF WATERLOO CItt OF WATERLOO LOHN&PH�HMNER PIXLEY YEUGENE ROSWELL )90 103/1 NP 9(2 33/1949, 11/2/]94313/16/1913 11/1/1913 53-159 - 96191 C036032 005 003100050005 IS79 000 2579 3)26 ACRES OF ORIGINAL TRACT DEEDED TOSTATFQF IOWA AUGUST 141973 1,117 OF PM[El<REUgSE00NMO14300) W pMWDEED 15 CITY OF WATERLOO ERHFSTP.&IFSSIE 109.9 118.5NI NA 10/11/191311/11/1943 38540 0050EMN00574 3313 9.37 23.86 PART O0TRACT RELEASED FOR INDUSTRIAL DEVELOP/ANT MARCH 34,3030 PMT OF TRACT REIT/SED FOR INDUSTRIAL DEVELOPMENT OCTOBER 23, 1997 .87 AC. SOLD TOM& R IOWA LLC MAY 292005 SOLD TO ALLEN lfi CITY OF WATERLOO OTTO 043/1&MARTIN 9/23/1943 11/4/1943 38543 CONDEMNATION 65.73 0.00 6535 PARTO7PM0110 RELEASED 0540610. 000)NOL MIKK.IUNE31011 17 CITY Of WATERLOO ROBERT KT KIEFER 61.0 NA 5)13/1343 11/4/1943 48543 CONDEMNATION 7.R 0.00 7.68 PMT OF TRACT RELEASED FOR INS/UM.. OFVEIOPMEM MARCH 34,2000 111 OW Of WATERLOO MAYA. SMITH 600 NA 10/11/1993 13/4/1943 35-540 CONDEMNATION 25.73 1.75 2391 PMT OF TRACT RELEASED /OR INDUSTRIAL DEVELOPMENT MARCH 14, 2000 PMT OF LOT 5 MIDPORT OMERICA PARK PLAT NO.1 RELEASED OCTOBER 23, 1997 1.68 AC SOLD TO WTT PROPERTIES LC FEBRUARY 19, 1998 19 CITY OF WATERLOO RE SOF. 3093014, 46.3 NA 10/11/1943 11/4/1943 34-540 CONDEMNATION 38.69 1149 1111 0107 K S010 TO UDI FR BROTEFRS LTD RAY 17.2009 PARTOF TRACT RELEASED FOR/NDUSTRIAL DEVELOPMENT MARCH 14, 2000 PMT OF 1.075 MIDPORT AMERICA PARK PLAT NO. 1 RELEASED OCTOBER 23, 3397 6.02 AC. SOLS TO HUM WESSON INC. SEPTEMBER 4, 1997 2.31 AG 5010 TO WD PROPERTIES LC FEBRUARY 19, 1998 7.19 K. SOLD TO ADVANCED HEAT TREAT CORP OCTOBER 8,1998 ID WATERLOO AIRPORT ; M E. CHCHAIN EMILY HAROLD & 0/10977, 35.2 NA 9/23/1943 11/4/1943 38342 CONDEMNUTON 4410 3639 801 UI1 T O SAM R RROTHERS LTD 171LILY 3009 PRATO/ RELEASED FOR INDUSTRIAL DEVELOPMENT OCTOBER 33,3997 36)MR.Y MRSOLD TO HUM WESSON, INC SEPTEMBER 4,199) 21 COMMISSION CITY OF WATERLOO FRANCIS &HURT EL D. HORIY;MMET6 HELEN HORN ERWIN 1113 9.13-035-[312 6/19/1963 7/3,1963 439-59 WARAHOI DEED I. & JUNE REESER; .B.REFSER; MORRIS & Mall/ELME WALTER 27.7 71.9 8-19-0094-0171 3-19 9/3/1671 10/17/1972 506314 WARRANT/ DEED DOOR ACRES DEEDED TO STOW 0T IOWA NOVEMBER 14,199E 33 13 WATERLOO AIRPORT COMMISSION T' OF WMERLOO 10150E EGIS/ ODUNBAR 375 -009101» 4/]j19» 3/11/1973 505-707 WMNT RgYOfFD 3.60 ACRES DEEDED TO STATE OF IOWA NOVEMBER 24,3992 13 25 CITY OF WATERLOO CI TY OF WATERLOO 96. ; ERWIN I.&JUNE REESER; ORRIS D. & CQUEIINE REESER REGIS I. DUNBMR; 38.5 9-13-015!916 8-190094-0172 10/30/197001/30/19)0 9/6/1970 10/17/1972 494-390 506-114 WARRANTY DEED WARRANTY DEED 26 26 CANOE WATERLOO F. F.DUNBM; ANN M. 9,718974 IAUEL 37.5 9-13035{916 30/30/19]012/31/19)0 494.359 WARRANTY DEED 27 WMRl00 AIRPORT M 1013061 IE RFD H.6 MINAE 77.1 619-0094-0172 6/14/1973 6)19/3970 510-57 WARRANTY DEED ].» ACRES 01909010 UAW OF IOWA NOVEMBER 24,199E .COMMISSION 38 F» REGIS I. DLWBM 37.5 9-13035.5809 3/17/1958 3/20/1958 320295 WARRANT/ 0.11 ACRES RELEASED TO BLACK HAWN COUNTY APRIL 34, 1991 COMMISSION Al MIODUMORT WATERLOO ORT CIABRIEHNDE &ANxAC 56.7 9-13-035{915 3/33/1969 12/12/19)0 191- 3R-511 CONDEMNATION TINMLORDR OECM61913,19)0. 031 ACRES RELEASED TO BACK HAWK COUNTY MNL24, 199E COMMISSION 30 CITY SSION OFWATERLOO HAROLD E.&MM4IVINSWON 390 913-035.5803 2/31/1958 2/21/1958 110-199 WARRANT' 637 000 617 PMT OF PARCEL A RELEASED ONANIL4, 3007 31 0I1Y OF WATERLOO FLOYD F. LIIRENE 37.2 9-19-0094-0172 5/17/1972 5/23/1971 505-206 WARRANTY DEED 35.76 0.00 3536 PARTOF PAMELA RELEASED ONAML4, 1007 31 CITY COgWIN Of WATERLOO ROBERT M. 691100.1. 0.9 819-009431)2 11/17/1972 3/10/1973 507324 WARRANTY ORD 0.9 000 090 PMT OF PARCEL A RFI 4400 ON MR114, 2007 33 71 TY OF WATERLOO OAMD.BRDA LR 38.0 NA 7/15/1005 3/36/2009 100901194 WARRANTY DEED OW OWED PROPERLY. OIY,WOWS UPRORT TO FARM IRIS PARCEL UN11171530t0 wltMEIORM 0.9 N° 1/30/30115 U21/2305 2005»503 WMRANW DEED cr 11 OWED PROPERTY. OPA ACM ALLOWS MPRORTTO FARM THISPCELUR111TIS 5010. TOTAL KR[HGE NOTE: •KRRGFSHOWNISlFsS ANY RFfneninno refine x,.e,..e..e.....�....... 2151.9 _._. __._...___.. _.__. 951.39 6519 33593 ••AMGATONFASFMEND WERE RESERVED ON ALL PARCELS RELEASED Y THE FEEMLAVIATION ADMINISTRATION ROM ORIGINAL TRACT FOR ROAD OR PUBLIC RA W. USE. B PROPERTY MAP DATA TABLE DATE DECEMBER 11, 2013 PROJECT NO 80190033 510E1 NO 21 DRAWING NO Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-120 RESOLUTION APPROVING CERTIFICATE OF TITLE AS REQUIRED BY GRANT APPLICATION WITH THE FEDERAL AVIATION ADMINISTRATION (FAA) AND DIRECTING EXECUTION OF SAID CERTIFICATE BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Title dated February 17, 2014, as required for a grant application with the FAA, 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 17th day of February, 2014. Zizati ea,g Ernest G. Clark, Mayor ATTEST: Suzy Scha\es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 17, 2014 Prepared: Februa 11 20 Dept. Head Signature:. f # of Attachments: 6naiz;)Aeeli SUBJECT: Traffic Safety Grant Agreement for the Intersection of Downing and Ansborough Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve grant agreement number 2015 -TS -006 for $47,000 with the Iowa Department of Transportation for safety improvements at Downing- Ansborough Intersection. Summary Statement The proposed improvements will consist of improving traffic signal installations and replacing some signs. The grant will pay for 100% of construction costs. Expenditure Required Total of $51,000 which includes Construction $47,000 (grant) and Engineering $4,000 (not part of the grant). Source of Funds $47,000 100% Iowa DOT Grant $4,000 G.O. Bond Policy Issue Alternative Background Information: This is a short term solution. The intersection experiences a high number of crashes including injury crashes. City's Traffic Operations Engineering study revealed a problem which can be improved by revising signal modifications. A long term solution will be needed in the future. Left turn lanes on Ansborough Ave. should be part of the long term solution. CITY OF WATERLOO Council Communication City Council Meeting: February 17, 2014 Prepared: Februa 11 20144 Dept. Head Signature: 7; 47 fit # of Attachments: I SUBJECT: Traffic Safety Grant Agreement for the Intersection of Downing and Ansborough Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve grant agreement number 2015 -TS -006 for $47,000 with the Iowa Department of Transportation for safety improvements at Downing- Ansborough Intersection. Summary Statement The proposed improvements will consist of improving traffic signal installations and replacing some signs. The grant will pay for 100% of construction costs. Expenditure Required Total of $51,000 which includes Construction $47,000 (grant) and Engineering $4,000 (not part of the grant). Source of Funds $47,000 100% Iowa DOT Grant $4,000 G.O. Bond Policy Issue Alternative Background Information: This is a short term solution. The intersection experiences a high number of crashes including injury crashes. City's Traffic Operations Engineering study revealed a problem which can be improved by revising signal modifications. A long term solution will be needed in the future. Left turn lanes on Ansborough Ave. should be part of the long term solution. January 2012 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING (Site -Specific Improvement) County Black Hawk County Recipient City of Waterloo Project No. CS -TSF -8155(737)--85-07 Iowa DOT Agreement No. 2015 -TS -006 This agreement is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and City of Waterloo, Iowa, hereinafter designated the "Recipient". The Recipient submitted an application to the DOT for funding through the Traffic Safety Improvement Program under Iowa Code Section 312.2(11), and the application was approved by Transportation Commission Order No. H-2014-36 on, December 10, 2013. Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the DOT agrees to provide funding to the Recipient to aid in the development of a certain traffic safety improvement project. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. Project Information a. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. b. All notices required under this agreement shall be made in writing to the DOT's and/or the Recipient's contact person. The DOT's contact person shall be the District 2 Local Systems Engineer in Mason City, Iowa. The Recipient's contact person shall be City of Waterloo Traffic Engineer. c. The Recipient shall be responsible for the development and completion of the following described Traffic Safety improvement project located in Waterloo: Replace existing pedestal signal with new mast arm with signal phasing upgrade at the intersection of Ansborough Avenue and Downing Avenue. See Exhibit A-1 for the location of the project and Exhibit A-2 for the estimated project cost. 2. Project Costs a. Eligible project costs for the project described in Section 1 of this agreement which are incurred after the effective date of Commission Approval shall be paid from Traffic Safety Funds and other funds as listed below, subject to the execution of a signed agreement: Traffic Safety Funds: $47,000 b. The portion of the total project costs paid by Traffic Safety Funds shall not exceed the amount stated above or the actual cost of the Traffic Safety Improvement Program eligible items, whichever is the smaller amount. c. The project shall be let to contract within 2 years of the date this agreement is approved by the Department. If not, the Recipient may be in default, for which the Department may revoke funding commitments. This agreement may be extended for a period of 6 months upon receipt of a written request from the Recipient at least 30 days prior to the 2 year deadline. 2015 -TS -006 Waterloo.doc 1 January 2012 ii. Combination signal/lighting pole shall be used to minimize the number of fixed objects. iii. Interconnection and coordinated traffic signal timing plans shall be developed for the traffic signals if there are two or more other signal installations within 1/2 mile of the subject access to provide for progressive traffic flow. Said plans shall be reviewed and approved the DOT Office of Traffic & Safety. iv. Pedestrian activated signals shall be provided for all pedestrian movements and timed in accordance with the MUTCD. v. The concrete pad for the controller shall extend no more than 4 inches above the ground line. vi. Where the distance from the stop bar to the signal indication is in excess of 180 feet, there shall also be a near side signal head. vii. Dilemma zone protection shall be provided if the 85th percentile speed is at/over 35 mph. 5. Bid Letting a. If the project must be let for bids, then project plans, specifications and engineer's cost estimate for site specific improvements and/or traffic control devices shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other contract documents to the DOT for review. This submittal may be in divisions and in the order of preference as determined by the Recipient. However, the plans, specifications and other contract documents for each division must be submitted at least ten weeks (traffic control devices) or fourteen weeks (site specific project) prior to the project letting of each division. The DOT shall review said submittal(s) recognizing the Recipient's development schedule and shall, after satisfactory review, authorize in writing the Recipient to proceed with implementation of the project. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any substantial modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. b. If the Recipient lets the project, as described herein, the Recipient shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The Recipient shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The Recipient shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. c. If the Recipient lets the project, then the Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit B which is attached hereto and by this reference incorporated into this agreement. d. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The Recipient shall provide the DOT file copies of project letting documents within five (5) days after letting. 6. Construction and Maintenance a. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. 2015-TS-006_Waterloo.doc 3 January 2012 than five (5) days after cure or before the end of said thirty (30) day period to cure default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or notice of continued default. e. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of Traffic Safety Funds granted by this agreement through charges against the Recipient's road use tax funds. 8. General Provisions a. This agreement shall be considered to be in default if the DOT determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations. b. The Recipient agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, or inspection of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process, plan and construction reviews, and funding participation. c. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. d. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the associated Federal regulations that implement these laws. e. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. f. This agreement is not assignable without the prior written consent of the DOT. g. It is the intent of both parties that no third party beneficiaries be created by this agreement. h. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this paragraph for arbitration. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. This agreement, including referenced exhibits, constitutes the entire agreement between the DOT and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. 2015 -TS -006 Waterloo.doc 5 L TION MAP EXHIBIT A-1 [Project Location] 2015-TS-006_Waterloo.doc 7 EXHIBIT B (Site -Specific Improvements) Project activities or costs eligible for Traffic Safety Improvement funds include only the following: a. Road modernization, upgrading or reconstruction. b. Bridge and culvert modernization, replacement or removal. c. Road intersection and interchange improvement including channelization, traffic control devices or lighting. d. Right of way required for a traffic safety project. e. Drainage and erosion measures which are an integral part of the project. f. Traffic control devices required by the project. g. Guardrail. h. Tree removal. Other construction activities directly related to or required by the safety project. 2015 -TS -006 Waterloo.doc 9 EXHIBIT D UTILIZATION OF TARGETED SMALL BUSINESS(TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code (IAC) Chapter 4, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Department of Inspections and Appeals (515-281-7102) or from its website at: http://dia.iowa.gov/page7.html. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on-line at: http://www. dot.state. ia. us/local_systems/publications/tsb_contract_provision. pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. 2015-TS-006_Waterloo.doc 11 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non -Federal -aid Projects (Third -Party State -Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? YES ❑ NO If no, explain 2. Were qualified TSB firms notified of project? ❑ YES NO If yes, by L. letter, ❑ telephone, ❑ personal contact, or ❑ other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? L YES L NO If no, explain 4. Was a goal or percentage established for TSB participation? ❑ YES ❑ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑ YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑ YES ❑ NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? What was the final project cost? What was the dollar amount performed by TSB firms? Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? ❑ YES Li NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State -assisted contracts associated with this project. Title Signature Date 2015 -TS -006 Waterloo.doc 13 CITY OF WATERLOO Council Communication City Council Meeting: February 17, 2014 Prepared: February 11, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: F.Y. 2014 ASPHALT OVERLAY PROGRAM AWARDING OF CONTRACT AND APPROVAL OF CONTRACTS, BONDS, & CERTIFICATE OF INSURANCE ASPRO, INC. Contract No. 857 Submitted by: Jamie Knutson, P.E., Associate Engineer Recommended City Council Action: After review of the bids, it is being recommended that this contract, in the amount of $1,957,171.65, be awarded to ASPRO, INC., of Waterloo, Iowa, and that the Contract, Bonds, and Certificate of Insurance for this project be approved and signed. Summary Statement At the City Council meeting on February 10, 2014, bids were opened for the F.Y. 2014 ASPHALT OVERLAY PROGRAM, Contract No. 857, with ASPRO, INC., of Waterloo, Iowa, as the apparent low bidder. The Contracts and Grants Coordinator has reviewed the items relating to the 2002 Contract Compliance Program requirements and has transmitted his recommendation in the attached letter. Transmitted herewith are four (4) copies of each of the Contract, Bonds, and Certificate of Insurance for approval and signatures of City officials. Expenditure Required $1,957,171.65 Source of Funds Local Option Sales Tax Revenue Policy Issue Alternative Background Information: FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2014 ASPHALT OVERLAY PROGRAM CITY OF WATERLOO, IOWA CONTRACT NO. 857 This contract made and entered into this day of , 20, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and ASPRO, INC. Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 of Waterloo, Iowa, (hereinafter referred to as Contractor agrees to build and construct the FY 2014 ASPHALT OVERLAY PROGRAM, CONTRACT 857 and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. FORM OF CONTRACT PAGE 1 OF 5 PAGES PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before OCTOBER 10, 2014 unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 PAR. 8 PAR. 9 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken FORM OF CONTRACT PAGE 2 OF 5 PAGES PAR. 11 PAR. 12 PAR. 13 PAR. 14 PAR. 15 thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. FORM OF CONTRACT PAGE 3 OF 5 PAGES PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surety bond is required is $1,957,171.65. After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT PAGE 4 OF 5 PAGES ASPRO, INC. Contractor BY - Title: President Approved by the City Council of the City of Waterloo, Iowa, this day of , 20 . ATTEST: City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES Bond No. 2177563 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Aspro, Inc. of Waterloo, IA (the "Principal"), and North American Specialty Insurance Company of Manchester, NH (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of One Million Nine Hundred Fifty Seven Thousand One Hundred Seventy One and 65/100 Dollars ($ ---1,957,171.65--- ), lawful money of the United States, for t payment of said sum in connection with a contract (the "Contract") dated on or about .- / f 7 2014 for the purpose of F.Y. 2014 Asphalt Overlay Program - Contract No. 857, Waterloo, IA . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of /1 % 2014 PRINCIPAL SURETY Aspro, Inc. North American Specialty Insurance Company Name Name Brli�.^•. G n f Title: S//J L /Il`' Title: Dione R. Young, Attorney='fn-fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. I IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 Bond No. 2177563 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Aspro, Inc. (Name of Contractor) P.O. Box 2620, Waterloo, IA 50704 (Address of Contractor) a Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and North American Specialty Insurance Company (Name of Surety) 650 Elm Street, Manchester, NH 03101 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry Street, Waterloo, IA 50703 (Address of Owner) One Million Nine Hundred Fifty Seven Thousand One Hundred Seventy One and 65/100 hereinafter called OWNER, in the penal sum of A Dollars, $( 1,957,171.65 ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the / 7 day of ,2in»1 .7 2014 , a copy of which is hereto attached and made a part hereof for the construction of: F.Y. 2014 Asphalt Overlay Program - Contract No. 857, Waterloo, IA NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in Four (4) (number) /2 day ofcQ4y,4AY which shall be deemed an original, this the 2014 ATTEST: counterparts, each one of 7 (SEAL) (Principal) Secretary Witness as to Principj1 P.O. Box 2620 Aspro, Inc. Principal P.O. Box 2620 (Address) Waterloo, IA 50704 (Address) Waterloo, IA 50704 North American Specialty)nsurance Company ATTEST: Witness as to Surety Cindy Bennett Lta Attorn y-1n-Faci Di ne R. Young Holmes Murphy & Associates, Inc. (Address) Holmes Murphy & Associates, Inc. P.O. Box 9207, Des Moines, IA 50306-9207 (Address) P.O. Box 9207, Des Moines, IA 50306-9207 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. EVIPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under laws of the State of New Hampshire, and having its principal office in the City of Manchester, New Hampshire, and Washington International Insurance Company, a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Schaumburg, Illinois, each does hereby make, constitute and appoint: JAY D. FREIERMUTH, CRAIG E. HANSEN, BRIAN M. DEIMERLY, SHIRLEY S. BARTENHAGEN, CINDY BENNETT, ANNE CROWNER, TIM McCULLOH, STACY VENN, LACEY CRAMBLIT and DIONE R. YOUNG JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: FIFTY MILLION ($50,000,000.00) DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 9111 of May, 2012: "RESOLVED, that any two of the Presidents, any Managing Director, any Senior Vice President, any Vice President, any Assistant Vice President, the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached." :` 6a •bsPCR,jjFo..1 rs ? SEAL `so"=__ "tetW1't"= i�973 aiin eoriniiimoo StSteven P. Anderson, Senior Vice President of Washington International Insurance Company & Senior Vice President of North American Specialty Insurance Company y David M. Layman, Vice President of Washington International Insurance Company & Vice President of North American Specialty Insurance Company IN WITNESS WHEREOF, North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this25th day of January 2013 North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Cook ss: On this 25th day of January , 20 , before me, a Notary Public personally appeared Steven P. Anderson , Senior Vice President of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M. Layman , Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me, who being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL SEAL" DONNA!). SKLENS Notary Public, State of Illinois My Commission Expires 10/06/2015 keyt ria /00 Xdf.A.A3 Donna D. Sklens, Notary Public I, Jeffrey Goldberg , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company, do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company, which is still in full force and effect. IN WITNESS WHEREOF, I have set my hand and affixed the seals of the Companies this /7 day of Fran tri (1- y, 20 14 . Jeffrey Goldberg, Vice President & Assistant Secretary of Washington International Insurance Company & North American Specialty Insurance Company ASPRINC-01 EMJACKSON Ac CERTIFICATE OF LIABILITY * INSURANCE DATE(MM/DD/YYYY) 11/8/2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE. A CONTRACT BETWEEN THE ISSUING INSURER( HOLDER. THIS BY THE POLICIES AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER - Arthur J. Gallagher Risk Management Services, Inc. 604 Locust St # 800 Des Moines, IA 50309 CONTACT NAME: ,A/coNly Ext): (515) 309-6200 FAX No): (515) 309-6225 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # INSURER A:Employers Mutual Casualty Company 21415 INSURED Aspro, Inc. Milt Dakovich P.O. Box 2620 Waterloo, IA 50704 INSURER B : EACH OCCURRENCE INSURER C: DAMAGE TO RENTEDaoccurrence) PREMISES (E INSURER D : INSURER E : CLAIMS-MADE INSURER F : OCCUR COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLIO ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF 1MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMBS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY X 9081383 12/1/2013 12/1/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTEDaoccurrence) PREMISES (E $ 100,000 CLAIMS-MADE X OCCUR MED EXP (Any one person) $ 5,000 X Contractual Liab PERSONAL & ADV INJURY $ 1,000,000 X XCU Included GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: —1 POLICY 1 ^ II 2e- LOC PRODUCTS - COMP/OP AGG $ 1,000,000 Emp Benefits $ 1,000,000 A AUTOMOBILE _ X X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS A. SCHEDULED AUTOS N ADTOS ED ACCIDENT 9E81383 12/1/2013 12/1/2014 COMBINED SINGLE LIMIT 1 (Ea accident) $ ,000 x000 BODILY INJURY (Per person) $ BODILY INJURY ( Per accident)$ RPERTY DAM jGE $ _ ER $ A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 9J81383 12/1/2013 12/1/2014 EACH OCCURRENCE $ 5,000,000 AGGREGATE $ DED I X RETENTIONS 10,000 $ 5,000,000, A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y! N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 9M81383 12/1/2013 12/1/2014 TH- X I TORY LIMITS I I OER EL EACH ACCIDENT $ 500,0001 E.L. DISEASE - EA EMPLOYEE $ 500,0001 E.L. DISEASE - POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space is required) Certificate holder is an additional insured (CG74820108) with respect to any and all work performed by the named insured. CERTIFICATE HOLDER CANCELLATION Cit of Waterloo Y 715 Mulberry Street Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-122 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO ASPRO, INC. OF WATERLOO, IOWA, IN THE AMOUNT OF $1,957,171.65, AND APPROVING CONTRACT, BONDS AND CERTIFICATE OF INSURANCE IN CONJUNCTION WITH THE F.Y. 2014 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 857. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds and Certificate of Insurance with Aspro, Inc. of Waterloo, Iowa, in the amount of $1,957,171.65, in conjunction with the F.Y. 2014 Asphalt Overlay Program, Contract No. 857, described in the plans and specifications heretofore adopted by this Council for said project in Resolution No. 2014- 092, after public hearing on February 10, 2014 on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND ADOPTED this 17th day of February, 2014. ATTEST: Suzy Sch res, CMC City Clerk Ernest G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I. CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY WATERL IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262. NOEL C._ANDERSON, Community Planning &J7evc/orrrmnt Director Council Communication City Council Meeting: February 17. 203 f} Prepared: February 12, 2014 Dept. Head Signature: U' # of Attachments: SUBJECT: Approval of FY 2013 asbestos survey contract with Hawkeye Environmental for the asbestos survey of 1423 Hawthorne Avenue, 223 Independence Street, 927 Mullan Avenue, 421 Almond Street, 425 Almond Street, 928 Mulberry Street, 408 Saxon Street, 420 Dawson Street, 426 Cherry Street, 134 Dearborn Avenue, 717 Vinton, 67 Franklin Street, 520 Cottage Street, 120 Smith Street, 820 Fowler Street, 1013 Lincoln Street, 409 State Street, 100 Blackwood, 3137 Independence, Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 210 Clay Street in the amount of $10,580.00 Submitted by: Noel: Anderson- Community Planning & Development Director Recommended City Council Action: Approval of FY 2013 asbestos survey contract with Hawkeye Environmental for the asbestos survey of 1423 Hawthorne Avenue, 223 Independence Street, 927 Mullan Avenue, 421 Almond Street, 425 Almond Street, 928 Mulberry Street, 408 Saxon Street, 420 Dawson Street, 426 Cherry Street, 134 Dearborn Avenue, 717 Vinton, 67 Franklin Street, 520 Cottage Street, 120 Smith Street, 820 Fowler Street, 1013 Lincoln Street, 409 State Street, 100 Blackwood, 3137 Independence, Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 210 Clay Street.in the amount of $10,580.00 Summary Statement: The properties at 1423 Hawthorne Avenue, 223 Independence Street, 927 Mullan Avenue, 421 Almond Street, 425 Almond Street, 928 Mulberry Street, 408 Saxon Street, 420 Dawson Street, 426 Cherry Street, 134 Dearborn Avenue, 717 Vinton, 67 Franklin Street, 520 Cottage Street, 120 Smith Street, 820 Fowler Street, 1013 Lincoln Street, 409 State Street, and 210 Clay Street where acquired through Iowa Code 657A. The properties at 3137 Independence, Avenue, 2375 Independence Avenue, 4012 Leversee Road where purchased for future development and 100 Blackwood was acquired through a REAP Grant for flood buyouts. It is the cities intention to demolish all of the structures but per State Code the city must conduct an asbestos survey and abatement prior to demolition. Expenditure Required: $10,580.00 Source of Funds: The asbestos survey and demolition activities of these sites will be undertaken by the City of Waterloo using G.O. funds, for nuisance abatement. Policy Issue: Residential Development and Nuisance Abatement Alternative: N/A cc: NOEL C. ANDERSON, Community Planning & Development Director CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer EXHIBIT "C" CONTRACT FOR ASBESTOS SURVAY SERVICES 1423 Hawthorne Avenue, 223 Independence Street, 927 Mullan Avenue, 421 Almond Street, 425 Almond Street, 928 Mulberry Street, 408 Saxon Street, 420 Dawson Street, 426 Cherry Street, 134 Dearborn Avenue, 717 Vinton, 67 Franklin Street, 520 Cottage Street, 120 Smith Street, 820 Fowler Street, 1013 Lincoln Street, 409 State Street, 211 Courtland and 210 Clay Street, 100 Blackwood Avenue, 3137 Independence Avenue, 2375 Independence Avenue, and 4012 Leversee Road. This Contract for Asbestos Survey Services (the "Contract") is entered into as of November 25, 2013, by and between the City of Waterloo, Iowa ("City") and Hawkeye Environmental ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Term and Services. For a period of one (1) month after the date of this Contract, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all tools, labor and materials, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in the Contractor's RFP response. Contractor will be paid separately for each property at which services are performed. Contractor's request for payment for services authorized under this Contract shall be submitted on a monthly basis and will be paid within forty-five (45) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for asbestos survey services Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response (Proposal) from the Contractor In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $10,580.00 as provided in the Bid Tabulation that is part of Contractor's RFP Response referenced in Section 2.c above, except by written amendment as provided herein. 3. Approval; Timing of Work. Contractor shall not begin work until after the Contract has been approved by the City Council and a completely executed copy has been returned to Contractor with Notice to Proceed. The work shall commence within seven (7) days after the City has issued a Notice to Proceed with respect to any particular property or set of properties, and all work shall be completed and delivered within thirty (30) days after issuance of the Notice to Proceed. 4. Reserved 4.1 Reserved 5. Reporting; Records. Contractor shall exercise best efforts to maintain communication with City personnel whose involvement in the project is necessary or advisable for successful and timely completion of the work of the project. Communications between the parties shall be verbal or in writing, as requested by the parties or as dictated by the subject matter to be addressed. Contractor shall maintain all project records for a minimum period of three (3) years after the date of final payment for services rendered under this Contract. During the term of this Contract and for the ensuing record -retention period, Contractor shall make any or all project records available upon reasonable request, and in any event within two (2) business days of request, to City. Contractor agrees to furnish, upon termination of this Contract and upon demand by the City, copies of all basic notes and sketches, charts, computations, and any other data prepared or obtained by the Contractor pursuant to this Contract, without cost and without restrictions or limitation as to the use relative to specific projects covered under this Contract. In such event, the Contractor shall not be liable for the City's use of such documents on other projects. 6. Government -Mandated Provisions. Because the project activity is funded by the federal government, federal law requires that the City's contracts relating to the project include certain provisions. It is possible that some of the provisions set forth in this Section do not apply to Contractor or the services to be provided hereunder, but the provisions are nonetheless set forth to cause this Contract to comply with federal law. City makes no representation about whether any particular requirement is applicable to this Contract. Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i). A. Remedies. See Section 8 below. B. Termination for Cause and for Convenience. See Sections 8 and 9 below. C. Contractor shall comply with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR Chapter 60). (applies to all construction contracts awarded in excess of $10,000 by grantees and their contractors or subgrantees) D. Contractor shall comply with the Copeland "Anti -Kickback" Act (18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR Part 3). (applies to all contracts and subcontracts for construction or repair) E. Contractor shall comply with the Davis -Bacon Act (40 U.S.C. 276a to 276A-7) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts in excess of $2,000 awarded by grantees and subgrantees when required 2 by federal grant program legislation, but does not apply to projects paid for with disaster funding) F. Contractor shall comply with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labor regulations (29 CFR Part 5). (applies to construction contracts awarded by grantees and subgrantees in excess of $2,000, and in excess of $2,500 for other contracts which involve the employment of mechanics or laborers) G. City's Reporting Regulations and Requirements. See Section 4 above. H. Patent Rights and Copyrights. With respect to any discovery or invention which arises or is developed in the course of or under this Contract, the Archaeological Company is responsible for complying with requirements pertaining to patent rights, as defined by the awarding agency. With respect to any publication, documents, or data that arises or is developed in the course of or under this Contract, the Archaeological Company is responsible for complying with requirements pertaining to copyright, as defined by the awarding agency. I. Access to Documents. See Section 4 above. J. Retention of Documents. See Section 4 above. K. Contractor shall comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h)), Section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR Part 15). (applies to contracts, subcontracts, and subgrants of amounts in excess of $100,000) L. Energy Efficiency Standards. Contractor shall comply with mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645, Apr. 19, 1995]. 7. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify City, its officials, officers, employees and agents, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. 8. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such I4 -day period and thereafter Contractor fails to diligently and 3 continuously prosecute the same to completion within such 14 -day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; c. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 9. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10 -days' advance written notice of intent to terminate. 10. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 4 12. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in pail, the remaining provisions of this Contract shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Asbestos Survey Services as of the date first set forth above. CITY OF TERLOO, IOWA By: Ernest G. Clark, Attes Suzy Sch• •es, City Clerk 5 Steve Henneberry-Hawkeye Invironmental HAWKE22 OP ID: JN # 1 CERTIFICATE OF LIABILITYINSURANCE INSR LTR DA11/12/2013Y) 11 /12/2013 ADDL NSR THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER A W Welt Ambrisco Ins., Inc. 24 Westside Drive Iowa City, IA 52246 Joe Wegman CPCU CONTACT NAME: (A/C No, Ext): 319-887-3700 FAX (A/C, No): 319-887-3701 E-MAIL DRESS: info@awwelt.com INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: Admiral Insurance Company INSURED Hawkeye Environmental LLC Steve Henneberry 814 Wood Lily Rd Solon, IA 52333 INSURER B: 05/04/2014 INSURER C: $ 1,000,000 INSURER D : $ 50,000 INSURER E : INSURER F : X • THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL NSR SUER WVD POLICY NUMBER EFF JMM/DDY/YYYY) (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY FEIECC1421900 GEN LIAB POLLUTION 05/04/2013 05/04/2014 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $ 50,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $ 5,000 X Ded $2500 PERSONAL 8 ADV INJURY $ 1,000,000 X Ded $2500 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PRO - X POLICY JECT PER: LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Pollution s 1,000,000 AUTOMOBILE _ ,_ LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS ^AUTOS SCHEDULED AUTOS NON -OWNED COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE JPERACCIDENT) $ $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y / N N / A WC STATU- TORY LIMITS OTH- ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ A Prof Liab ded $2500 FEIECC1421900 05/04/2013 05/04/2014 Per Claim 1,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CANCELLATION WATERCI City of Waterloo Planning & Zoning 715 Mulberry St. Waterloo, IA 50703 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE YaALP4theiot4-0 ACORD 25 (2010/05) © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-123 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO HAWKEYE ENVIRONMENTAL LLC OF SOLON, IOWA, IN THE AMOUNT OF $10,580.00, AND APPROVING CONTRACT, BONDS AND CERTIFICATE OF INSURANCE IN CONJUNCTION WITH THE ASBESTOS SURVEY SERVICES FOR PROPERTIES LOCATED AT 1423 HAWTHORNE AVENUE, 223 INDEPENDENCE AVENUE, 927 MULLAN AVENUE, 421 ALMOND STREET, 425 ALMOND STREET, 928 MULBERRY STREET, 408 SAXON STREET, 420 DAWSON STREET, 426 CHERRY STREET, 134 DEARBORN AVENUE, 717 VINTON STREET, 67 FRANKLIN STREET, 520 COTTAGE STREET, 120 SMITH STREET, 820 FOWLER STREET, 1013 LINCOLN STREET, 409 STATE STREET, 100 BLACKWOOD AVENUE, 3137 INDEPENDENCE AVENUE, 2375 INDEPENDENCE AVENUE, 4012 LEVERSEE ROAD, 210 CLAY STREET AND 211 COURTLAND STREET BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds and Certificate of Insurance with Hawkeye Environmental LLC of Solon, Iowa, in the amount of $10,580.00, in conjunction with the Asbestos Survey Services, described in the plans and specifications heretofore adopted by this Council for said project in Resolution No. 2013-957, after public hearing on November 18, 2013 on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND ADOPTED this 17th day .f February, 2014. ATTEST: Suzy Sch res, CMC City Cle k nest G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: Februar 1 201 Prepared: February 12, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Request by Midwest Development for the 102 Lot Preliminary Plat of Audubon Heights Fourth Addition, for the development of a new residential subdivision on 50.97 acres, generally located north of W. Shaulis Road and east of Hoff Road Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval of the Preliminary Plat of Audubon Heights Fourth Addition. Summary Statement: Transmitted herewith is the request by Midwest Development for the 102 Lot Preliminary Plat for Audubon Heights Fourth Addition, for the development of a new residential subdivision on 50.97 acres, generally located north of W. Shaulis Road and east of Hoff Road. It is anticipated that the area will be final platted in phases in the future. RON ° Staff report WELPER ° Ward 5 Aerial photograph of the area ° Preliminary Plat TOM 0 Deed of Dedication LIND 0 Report of the City Engineer At -Large STEVE SCHMITT At -Large The Planning and Zoning Commission voted 6-0 to approve the preliminary plat at their meeting on February 4, 2014. The Preliminary Plat consists of 102 lots, which would allow for the development of a new residential subdivision on 50.97 acres of land. The lots range from 11,304 SF to 41,214 SF in size. Preliminary plat shows lots meeting all requirements for the R-1 Residence District. Therefore, we would ask that the City Council adopt a resolution approving the Preliminary Plat of Audubon Heights Fourth Addition. Expenditure Required: None Source of Funds: N/A Policy Issue: Plat Approval CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Alternative: Background Information: The request would allow for the development of 102 residential lots. These lots are currently zoned "R-1" Residence District. Access to the lots would be provided from Tracts "A" thru "H" as shown on Preliminary Plat that will be developed and later dedicated to the City for Street use. Preliminary Plat shows the extension of existing Partridge Lane„ Audubon Drive, Crabapple Lane and Falcon Ridge, and would also have access from West Shaulis Road. The submitted plat is in accordance with the Subdivision Ordinance and can be serviced by extensions of existing utilities, and would appear to provide for the orderly development of land that is compatible to surrounding development. AS :AV cc: Noel Anderson, Community Planning and Development Director Eric Thorson, City Engineer Dennis Gentz, Assistant City Engineer --file-- City of Waterloo, City Council February 17, 2014 Preliminary Plat of Audubon Heights 4th Addition Wayne Claassen Engineering REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD VEHICULAR & PEDESTRIAN TRAFFIC: TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: February 4, 2014 Request for the 102 -lot Preliminary Plat of Audubon Heights Fourth Addition for the development of a new residential subdivision on 50.97 Acres, generally located north of W. Shaulis Road and east of Hoff Road. Midwest Development, 411 1st Avenue SE, Suite 410, Cedar Rapids, Iowa 52401 This request would create 102 lots for residential development ranging in size from 11,304 SF to 41,214 SF. The request would not appear to have a negative impact on the area. The requested lots would appear to be of similar size and dimension to surrounding lots to the north and west, and represents a logical extension of the surrounding development. The request would not appear to have a negative impact on traffic conditions. Vehicles would access the lots from streets, labeled Tracts "A" thru "H", shown in the Preliminary plat that are to be developed and later dedicated to the city for street use, including extensions of existing Partridge Lane, Audubon Drive, Crabapple Lane and Falcon Ridge, and would have access from West Shaulis Road to the south. All roads are classified as local streets except West Shaulis Road, which is classified as a Minor Arterial. There is a recreational trail located on the north side of West Shaulis Road. The site is zoned "R-1" Residence District and has been since April 7, 1979 Ordinance No. 3018 when it was rezoned from A-1 Agricultural District. North- "R-1 "- Residence District, Single family homes. East- "A-1"- Agricultural District, Farm ground. South- "A-1"- Agricultural District, Farm ground. West- "R-1"- Residence District, Single family homes. The request would not require any buffering by ordinance standards. The lots would be required to meet residential standards for drainage. Tract "J" in the south east corner of the plat would be designated as a storm water detention area. There is a 20' drainage easement between lots 19 & 20 and also a 30' drainage easement along the rear of lots 29 thru 40. Both of those easements would drain into Tract "J". Staff is requesting a 10' drainage easement be added along the west side of lot 42 in conjunction with the proposed 10' drainage easement on lot 43, providing a 20' wide overall Audubon Heights Fourth Addition Preliminary Plat Page 1 Of 4 DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC/OPEN SPACES/SCHOOLS UTILITIES: WATER, SANITARY SEWER, STORM SEWER. February 4, 2014 drainage easement, and have the wording changed to reflect it as a drainage and utility easement. The easement in the northeast corner of lot 43 also needs to be widened to maintain a 10' offset from the existing and proposed storm sewer. Surrounding single family homes were constructed in the 1970's until present day. The 102 lots are not located within a floodplain. However, Tract "J", which is designated as a storm water detention area, is partially within the Zone A 100 -year floodplain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 19013CO284F, dated July 18, 2011. The lots in question are located on agricultural ground. Green space would be retained to the east and to the south of the proposed lots as part of the Tract "J" detention area. The Preliminary plat shows a 10' utility easement along the front of all 102 lots and sanitary sewer connection off of West Shaulis Road, running through the center of each prospective street. Storm sewer and water main lines are shown within the proposed streets as well. There is a 20' sanitary sewer easement located between lots 18 & 19 (10' easement on each lot). There are drainage easements located between lots 19 & 20 that will allow for drainage into Tract "J", which is set aside as a water detention area. There is also a 30' drainage easement located in the rear of lots 29 thru 40 that will also allow drainage into said Tract "J". Staff is requesting that this easement be changed to a drainage and utility easement. A 20' utility easement is shown between lots 26 & 27 to allow for utility connections to future development to the east. Easements shown on Audubon Heights Fourth Addition Preliminary Plat appear to be generally consistent with easements in adjoining subdivisions. Staff is requesting an extension of the 20' drainage easement between lots 19 & 20 into the detention area known as Tract "J" to cover the storm sewer line that extends into the drainage area. Staff is also requesting an extension of the 20' Sanitary Sewer easement between lots 18 & 19 to West Shaulis Road and extending east along West Shaulis Road to allow connectivity for future development. Both of these easements may need to be widened depending on the proposed size and depth of the proposed sewer lines. Staff would note that Preliminary plat does not show proposed Audubon Heights Fourth Addition Preliminary Plat Page 2 of 4 February 4, 2014 electrical, gas and communication lines but this has been typical with other Preliminary plat requests, as it has not yet been determined where these utilities will be located. Staff is requesting that utility easements be added along the rear of lots 1 thru 9, 41 thru 46 and along the north side of lots 40 & 66 to coincide with existing utility easements that are currently located on adjoining lots. Additional rear lot drainage easements may also be required. The Preliminary plat does not show proposed contour lines. Grading and construction plans of the area would be required for review before the final plat will be reviewed. RELATIONSHIP TO The Future Land Use Map designates the area in question as COMPREHENSIVE Low Density Residential. This request would be in compliance LAND USE PLAN: with such designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. STAFF ANALYSIS — The Preliminary plat consists of 102 lots, containing ZONING ORDINANCE: approximately 50.97 acres of land, which is located north of W. Shaulis Road and east of Hoff Road. The lots vary in size measuring from 11,304 SF to 41,214 SF. Streets shown as Tracts "A" thru "H" will be dedicated to the City for street use upon approval of the Final Plat. A 30' building line is shown on the front of each lot, which is the minimum setback for the "R-1" Residence District, and a 30' building line is shown on the long dimension street frontage on corner lots which exceeds minimum, but is consistent with adjoining subdivisions. Access to future development is shown through Tract "G", labeled Woodswallow Lane, located in the northeasterly portion of Preliminary Plat. The Preliminary plat also shows Tract "I", a 98 SF strip of land, located east of Lot 7 Audubon Park Third Addition. Said tract will be conveyed to adjacent property owner or to the City as road right of way. Staff would like to make note that a Preliminary Plat for Audubon Heights Fourth Addition was filed in April of 2005. The plat was approved by Planning & Zoning Commission but was never submitted to City Council. Said plat covered 24.6 acres and was comprised of 38 lots. STAFF ANALYSIS — The Subdivision Ordinance requires that preliminary plat SUBDIVISION submissions include such criteria as boundaries of property, ORDINANCE: proposed streets, easements, and widths of right-of-way, contours, and utility locations. Most of which are provided on the Preliminary plat except for proposed contours, existing and Audubon Heights Fourth Addition Preliminary Plat Page 3 of 4 STAFF RECOMMENDATION: February 4, 2014 proposed street lights and proposed gas, electric and communication utilities. Therefore, staff recommends that the request for the Preliminary Plat of Audubon Heights Fourth Addition be approved for the following reasons: 1. The plat is in accordance with the Subdivision Ordinance with minor exceptions that do not appear to negatively affect the intent of the Subdivision Ordinance. The new addition can be served by the extension of existing utilities. 2. The plat is in accordance with the Comprehensive Plan and Future Land Use Map, which classify this area as residential. 3. The plat will create an additional infill development site in the Primary Growth Area. Subject to the following conditions: 1. A map showing proposed contour lines, existing and proposed street lights and location of proposed gas, electric and communication utilities shall be submitted before the final plat is submitted. 2. Utility and drainage easements are added and widened as noted in the staff report. Audubon Heights Fourth Addition Preliminary Plat Page 4 of 4 9IO0-9£Z (6l£) .e9d 4629—S£Z (6l£) »uO4d S IOLOS o'°I •nq»l.M • 969 xO9 •0'd • enumv F}rewryu0 SOLI /"� '0111 'Bui�(anans uN pie Bupeau)Bu3 uesseen auAsM a t4Oi Anusr eMOI `AlunoQ )1MBH )IoeIS 'ooIJapaM MEIN -N981-80 uogoOS b/l MS uoI}Ippy ypnod sl,yfilaH uognpny Feld /JBulw!Iaad Legal Description' Apt o, the 5V05 II S.1lanbw 1828. 10 of oe the Fifth Principal Meridian. idly of ar Beginning at 0608 . comer of sold Let 10 of Audubon He!gets 0,10 01, thencehens of Let N, .41 47S 76485 feet aong the E. One of said Let 10 and adng the said Addition to the South . comer If lot b 6, said AMR.; teenee $6956• 165.00 feet along the South line of said Lot fi tee South. corner a mid let 6: thence 610003'144 160 lest along Me Ease fine of said lot 6 to the South.. comer of Parcel'G'. Oxument No. 2005-04605, Black Hawli County Recorder.. 8,8 : thence N69.5754.6 234.38 feel song Me Muth line of said 1843 "0' and Pa 111" to the SONlvest comer a said Parcel 1.11 Men. NaHeeny 18.43 feat Wo nen-mrgea curve comove Martyry having r rod. of 200.00 feet and a long e rd of 18:2 feet which boars NOT42.3EME along the Easterly I. said Parcel H t the padt of ; thence 11115-04.16-E 36E10 fart aMrg said Easterly line and along the EasterlyIll. @2 line Of lot 6, Audubon Height. Third of LII : thence S13044'2448.6, 60.00 feet along the 01 said II 11 to of the South Ms of Lot 5, said Third Addition to the Southwest comer of said Lot 5 thence18'8 36.60 feet along the treated, Ins of Parcel 1,, Document No. 21015-10622,823.said Recorders ice;, thence ...Hy 74.91 Met Min tengent curve concave WeeleM having a radius of 26am feet ant a long chord 24.66 P8,84which bean 51319'33. sO along said 019westerly South Athe ne IIOw wept comer " to the Parcel 1C: Mena N6 11 7816 306.56 101 along 101 Southeast comer a sed Parch "K^: thence 4O 250.69 feet along the Easel Ins at said Parcel 'M to Ms Northeast comer of4 said Parcel 1C; thence 58959.5418 141.. Halong the North ins a said Parcel `K" to the Northeast corner of 0,1 d Lot 5 ence NOOO4.161 60.00 feet along the Northerly erteneo; of the Easterly Ane of sold Lot 5 to the 51081 511 corner Of Lot 4. acid Third Addition: thence NO2.26.O5'E 243.74 feet Moog the Font Ane o1 said Lot 4 and song the Eat One of Loi 3 said Third Add., to the Soul corner of Lot 11, Audubon Pah Second Addition: Nance N6110172335.0 8188 feet shag the South line of saw Seco. Addi1an to the Southeast eomer of Lot 12, said Seco. Addition; Mance 26'E 39000 feet along the Eat One of said Lot 12, o. along Oe East linea toteI. 13. 13, 14 a. 15 said Secant AMR. to the So...l mer M Lot 10, Audubon Pork Third AdaOon; thence N61715'1B'E 132.00 feet along 5771210 One of sold Lot 10 M the Southwest comer 4 Lot 9, said Third Addition; thence III8,'.8i4 110,53 feet along the 7441 rt Ane a eau Lot 9 to the Southwest comm of Lot R. said TNrd Addkion: thence X62'48'18'81 236.00 feel Wong f said Let 8 an along the Muth line of Lot 7, and Third Ad8.1n to the so thwth comer soil Lot 7, thence N01•W27E 103.87 1. along the East On a sad Lot 7 to the South Right -of -Way I4 of Port.ge Lona, said ird Addition;thence 569%•62.0 205.01 teat along said .411 Right -of -Way and Hong the South One ofLot 6, said Third Add8% 81n to the Southeast comer of sad lot 6, whir hs 0 No. on the Ears One of the Wirt of Me EK of aforesaid Sri; thence 50004.23'01 2076.16 feat Wong sold East Fun to the Nene Right -of -Wry lice of Shoulls Rood as described in LD Book 584 Page 927 of aforesaid .118 r. ONicr, thence 569'16'44"8 091.85 feel along said North Right -of -Way Ane: 14erm th6OO43.16. 10.00 feel WH along seN North 81MA-of-Wry Ione; thence 589'16.44'8 70.00 feet WI along and Ri98f-a-Way line; thence SW43180 10.00 feet s1111 along sok North 669170 -61 -Way line; thence 59916.44'8 1250.21 feat MIN tong sold NOM Right -of -Wry One to the Pent of Bgnning. BENCHMARK FOUND h 4'4' OG AT 111E SOSOOUDTM NA 5TSCORNEE OF CION B-5080-0138 ELEV.- 016.33 Preliminary Plat Audubon Heights Fourth Addition SW 1/4, Section 08-T88N-R13W Waterloo, Black Hawk County, Iowa January 2014 Notes: 1. DEVELOPER: 011088151 DEVELOPMENT co. 011 15T AVENUE SE, SUITE 414 CEDAR RAPIDS. IA 52401-1368 PHONE: (319) 363-3.4 OWNER SURE91 W RUPA REDDY 1673 CRABAPPLE LANE WATERLOO, IA 50701 2. ENGINEER/SURVEYOR WAYNE CLAASSEN ENGINEERING AND SUR1,66YINC. INC. 2705 UNIVERSITY 01EN1.1E WATERLOO, IOWA PHONE: (310) 215-6294 FAX: (319) 235-0028 3. PROPOSED PAVEMENT IS TO BE 27 BACX/CLMB TO MOM/CURB P.C. CONCRETE PROPOSED PAVEMENT DIAMETER FOR CUL -OE -S1 16 96'. rAANITARY SEWAGE TREATMENT TO ON BY THE CITY 00 WATERLOO. TER SF SEWS TO D BY THE tltt DIAMETER. ER.ERLDO WAIQt 8sMK5 6. SANITARY SEWERS 10 BE E DETERMINED MINED DU 7. ELECT SEWER SIZES TO BE 0100104011 WRING ENERGY CO., OF WATERLOO.. CONSLRUCION PLANS. B. GAS SERVICE TORICAL W BE BOBE Y 000218IC0AN ENERGY CO..GWATERLOQ EWA.IOWA 10. CABLE TELEVISOR TO BE BY MEDIACOS. 11. TELEPHONE SERNCE IS TO BE BY 0881ST 12 BARED 01 WAYNCIION E A1 CLAASSEN ENGINEERING O S1441,ALL COMPLY MTH THE 56..INS ND5 INC.NC. AND APPRovEO at NE CITY or WATERLOO. 13. FLOOD PLAIN:FLOOD PLAIN DATA IS FROM FEMA COMMUNITY PANEL N0. 19O134O28e; EFFECTIVE DATE; 7-18-2011. ZONE A IS THE IS ANNUAL CHANCE ROW (100 YEAR), ALSO KNOWN AS ME BASE FLOOD, THE ROOD HAS 1R CHANCE OF BEING EWALEO OR EXCEEDED IN ANY GIVEN YEAR. BASE ROOD ELEVATION DEDtMINED. (ND BASE ROOD ELEVATIONS DETERMINED.) ZONE X IS AREAS DETERMINED TO BE OUTSIDE THE 0.2R ANNUAL CHANCE RWOPLNN. 14. ZONING: EASING AND PROPOSED IS R-1. 15 TRACT 'A", "8". "C", D. "E", 'F", "G" AND "N" TO BE DEDICATED TO THE CITY FOR STREET USES 16. TRACT ' TO BE USED FOR 51008 WATER DETENTION AREA AND U11L1TT EASEMENT (PUBLIC AND PRIVA111, 18. TRACT -r IS LEFTOVER RIGHT-OF-WAY PARCEL W PARTRIDGE LANE ADJACENT TO LOT 7, AUDUBON PARK 14180 ADMMON. Legend: e (e om7N lroo lnwr ur 96084 MM.) - DENOTES t 1DENOTES6184 �lSa l - 7- C.O. SYSIVES TELEPHONE as DENO. ROST. ELECTRIC L. - sea-- DENOTES EOSIN, STORY SEMER METRE CAS RAIN AY ms EXISTING t E IITSRANT WATER VAt1E m DENOTES ELECTRIC Box O DENOTES GAS NE. m DENOTES TETEPLICRE ROE • DEROSES SANITARY .. LEPAR.E O DENOTES STORY MANHOLE -yo-- DENOTES poste: OWE. kLINE 0101 K POLE NMI 00. my - art- °ENVIES OVERHEAD ELEM. DENOIEs PROPOSED SAMTMY SEK. D.OTES PROpoSED RATER MAN -- .I- DEM. PRoPOSED STORM $1 4 lid C 0 a a -^ 0- 19 U g Ca 5_ ELt-)0C T^) ) 1.1.. _ C CJ , 0 7 a sheet 2 of 2 '101- Prepared by: Richard R. Morris, 620 Lafayette Street, Ste. 300, PO Box 178, Waterloo, IA 50704 (319) 234- 1766 DEED OF DEDICATION OF AUDUBON HEIGHTS FOURTH ADDITION WATERLOO, BLACK HAWK COUNTY, IOWA KNOW ALL MEN BY THESE PRESENTS: That Midwest Development Co., an Iowa corporation, with its principal office in Cedar Rapids, Iowa, being desirous of setting out and platting into lots and streets the land described in the attached Certificate of Survey by David Scheil, a licensed land surveyor, dated the day of , 2013, do by these presents designate and set apart the aforesaid premises as a subdivision of the City of Waterloo, Iowa, the same to be known as: AUDUBON HEIGHTS FOURTH ADDITION WATERLOO, BLACK HAWK COUNTY, IOWA, all of which is with the free consent and the desire of the undersigned and the undersigned do hereby designate and set apart for public use the streets and avenues as shown upon the attached plat. EASEMENTS The undersigned do hereby grant and convey to the City of Waterloo, its successors and assigns, and to any private corporation, firm or person furnishing utilities for the transmission and/or distribution of water, sanitary sewer, storm sewer, drain tile, surface drainage, gas, electricity, communication service or cable television, perpetual easements for the erection, laying, building, and maintenance of said services over, across, on and/or under the property as shown on the attached plat. RESTRICTIONS Be it also known that the undersigned do hereby covenant and agree for themselves and their successors and assigns that each and all of the residential lots in said subdivision be and the same are hereby made subject to the following restrictions upon their use and occupancy as fully and effectively to all intents and purposes as if the same were contained and set forth in each deed of conveyance or mortgage that the undersigned or their successors in interest may hereinafter make for any of said lots and that such restrictions shall run with the land and with each individual lot thereof for the length of time and in all particulars hereinafter stated, to -wit: 1. Any dwelling that shall be erected on any lot shall have a minimum setback from the front of the lot line of 30 feet as indicated on the plat. 2. Although lots in said Addition may be split or divided in any fashion to provide for more lot area when added to an adjoining lot, no dwelling shall be built or maintained on any partial lot unless said partial lot is combined with an adjoining lot or partial lot so that the resulting lot has no less frontage than the smallest lot as indicated on the plat. 3. No buildings or structure not attached to the original structure shall be constructed upon any lot or combination of lots in this subdivision, with the exception of a gazebo which has been approved in accordance with Paragraph 21 hereof. Sheds may be permitted but only if size, design, and materials are approved in writing by the developer. After completion of all houses in the plat, approval for a shed not previously approved by the developer shall be approved by the Association. 4. No trailer, basement, tent, shack, garage or barn erected in said Addition shall at any time be used as a residence, temporarily or permanently, nor shall any residence of a temporary character be permitted on any lot in said Addition. 5. Midwest Development Co. shall construct only one family dwellings on the lots in this subdivision. 6. No single family dwelling shall be constructed, permitted or occupied on any lot herein having square footage floor space, designed, intended and constructed for living quarters, which space shall not include cellars, attics, garages, breezeways, porches, stoops, and other such non -living areas, of less than the following requirements: A. 1,400 square feet for single story houses. B. Any split level house, one and one-half story house, or house of two stories must have total minimum square footage of at least 1,800 square feet. 7. Each single family residence shall have a minimum of a two -car attached garage with a minimum of 400 square feet. 8. The owner of each lot, vacant or improved, shall keep his lot or lots free of weeds and debris. Further, the owner and/or occupant of each lot shall jointly and severally be responsible to keep in good order or to maintain the area between the curbline and the property line abutting his 2 property including keeping said area free of holes, pitfalls, stumps of trees, fences, brick, stone, cement or other monument -type mail boxes, stakes, post or rods to which a metal, plastic or similar receptacle designed to hold newspapers are affixed, private irrigation or sprinkler systems, retaining walls, landscaping brick, block, stone, timber or other similar material, or any other similar obstructions. 9. No obnoxious or offensive trade or activity shall be carried on upon any lot nor shall anything be done thereon which may be or become an annoyance or nuisance to the neighborhood. 10. All approaches and driveways in said Addition shall be paved with concrete. 11. No dwelling on any lot in said Addition shall be occupied until the exterior is completed and finished and the interior substantially completed and finished. 12. No old or used buildings shall be moved upon any of the lots in said Addition for any purpose. 13. All electrical distribution lines and service entrances, all telephone lines and services therefor, all cable TV/fiber optic cable and service therefor, and all other utilities of whatever kind or nature shall be installed underground on all lots in said Addition. 14. No dog compound, enclosure, shelter, storage outbuilding, playhouse, or wood pile for firewood shall be constructed, used or maintained within ten feet of any lot line nor shall they exceed eight feet in height on any of said lots. All outbuilding exteriors shall be approved by the developer in writing prior to start of construction. 15. A perpetual easement is reserved along the lot lines of said lots as shown by the recorded plat for storm water drainage and utility installation and maintenance. There shall be no fences, buildings, large plantings or other obstructions upon or under the property covered by these easements, so that access is available for any equipment and/or persons necessary for the construction, reconstruction or maintenance of said utilities and/or drainage ways. 16. No radio station or short-wave operators of any kind shall operate from any lot which shall cause interference with audio or visual reception upon any other lot. Antennas are permitted if attached to the structure and do not extend more than eight feet above the peak of the home. All other antennas, satellite TV dishes in excess of 24 inches in diameter, poles for radios, and windmills are prohibited. 17. No motor home or recreational vehicle, trailer of any kind, whether camping, boat, house, utility or otherwise, shall be parked or kept for more than a 48 hour period on any street, driveway or on the lot in said Addition. Any such vehicle must be stored inside the garage. 18. No bus, semi -tractor, trailer or truck of any kind, except what is commonly described as a "pickup truck", shall be kept or parked on any lot or street in said Addition; provided, however, 3 that this prohibition shall not apply to such vehicles driven in said Addition in pursuit of and in conducting their usual business. 19. No shrubs or trees shall be planted so as to infringe upon adjoining property lines based on maximum expected growth and shall be maintained so as not to infringe. 20. Each person or entity who is a record owner of a fee or undivided fee interest in any lot shall be a member of the Association to be known as Audubon Heights Fourth Addition Neighborhood Association. This shall not be construed to include persons or entities who hold an interest merely as security for the performance of an obligation. There shall be one vote per lot and each lot owner shall be a member of the Neighborhood Association. Membership shall be appurtenant to and may not be separated from ownership of any lot; ownership of such lot shall be the sole qualification of membership. The purpose of the Audubon Heights Fourth Addition Neighborhood Association shall be to maintain the common areas and green spaces of said Addition, including but not limited to the storm water detention basins known as Tract J and signage to be developed, and such other activities as set forth in the Articles of Incorporation and Bylaws of the Association. Such ownership and maintenance shall include, but not be limited to, mowing, watering, including upkeep of any underground sprinkler system, and maintenance of common areas. Initially, the developer, Midwest Development Co. shall perform the actual construction duties to establish the common areas, green spaces, entrance and surrounding access area as to their lots. The homeowner's responsibility for these areas shall begin when the developer, Midwest Development Co. notifies the Neighborhood Association that they are turning over the responsibility of those areas to the Neighborhood Association. Developers hereby grant to the City of Waterloo, Iowa, access to the storm water detention basins for the purpose of inspection and enforcement of any city code or ordinance provisions governing the maintenance of the storm water detention basins designated as Tract J. The annual dues for the Association shall initially be set at $200.00 per lot per year beginning January 1, 2015. The Association shall have the ability and authority to adjust annual dues as it deems appropriate to carry out the maintenance duties described above. The developer, Midwest Development Co. shall have no responsibility for annual association dues. 21. No building or structure shall be erected or placed on any lot in this subdivision until the building plans, and plot plan, showing all buildings, fences, patios, and pools, and showing the location thereof, and side yard distances, rear yard distances, front yard distances, driveways, and walkways, and type of construction have been approved in writing as to conformity and harmony of external design and quality workmanship and materials with existing structures in the subdivision by Midwest Development Co. 22. All of the provisions hereof shall be enforceable by appropriate legal proceedings by any present or future owner of the legal or equitable title to any lot in said subdivision. Invalidation of any one or more of the within restrictions by judgment or decree of court shall not be regarded as 4 affecting the validity of any of the other provisions hereof, nor shall any judicial determination with respect to any of the restrictive provisions hereof be regarded as affecting the validity or sufficiency of this instrument as a deed of dedication of said plat, all of which such other provisions shall remain in full force and effect. 23. The undersigned and all persons and corporations hereafter requiring any right, title or interest in any of the lots in said subdivision shall be taken and held to have agreed and covenanted with the owners of all other lots in this subdivision and with the respective successors and assigns of all of the rest of such other lots to conform to and observe all of the foregoing covenants, restrictions and stipulations as to the construction of building thereon for a period of twenty-one (21) years from the date of filing of said plat and this deed of dedication for record. Within the period of twenty-one (21) years and in accordance with Iowa Code Chapter 614.24 and 614.25 (2013 Code of Iowa) or their successor provisions, these covenants, restrictions and stipulations shall be automatically extended for an additional period of twenty-one (21) years upon compliance with Chapter 614.24 and Chapter 614.25 of the 2013 Code of Iowa. In the event an extension of the covenants, restrictions and stipulations is not filed within the period of twenty-one (21) years or successive 21 -year period, then the covenants, restrictions and stipulations contained herein shall terminate at the end of the existing period of twenty-one (21) years. 24. If the parties hereto or any of them or their heirs or assigns shall violate or attempt to violate any of the covenants or restrictions herein, it shall be lawful for any other person or persons owning property in said Addition to prosecute any proceedings at law or in equity against the person or persons violating or attempting to violate any such covenants or restrictions and for the purpose of preventing such acts or to recover damages for such violation, or both, and for costs and reasonable attorney=s fees as determined by the Court and not the statute. 25. No animals, livestock, or poultry of any kind shall be raised, bred or kept on any lot, except that two dogs or cats maximum, or other household pets are allowed and then only if they are not kept, bred or maintained for any commercial purposes. Such animals shall be kept under control so as not to constitute a public nuisance and must be kept in compliance with applicable zoning laws and regulations of the City of Waterloo, Black Hawk County, Iowa. 26. Upon the sale of a lot, owner shall take responsibility for any erosion control issues, certifications and/or requirements of the Iowa Department of Natural Resources. 27. All buildings erected on any lot in said Addition shall be constructed in accordance with the Building, Plumbing and Electrical Codes of the City of Waterloo, Iowa. 28. The developer, Midwest Development Co. agrees: A. Midwest Development Co. shall with respect to the streets shown on the attached plat, Falcon Ridge -Tract A, Partridge Lane -Tract B, Waxwing Way - Tract C, Audubon Drive -Tract D, Crabapple Lane -Tract E, Goldcrest Court - Tract F, Woodswallow Lane -Tract G, Sunbird Court -Tract H will be brought to City grade and will be twenty-eight (28) feet, back of curb to back of curb; 5 with the paved diameter of the Goldcrest Court and Sunbird Court cul-de- sacs to be ninety-six (96) feet back of curb to back of curb; all said streets with approved hard surface pavement in accordance with City of Waterloo, Standard Specifications. B. That sanitary sewer, together with the necessary manholes and sewer service lines to all lots in the plat, will be provided. C. That underground utilities, as required by the Subdivision Ordinance of the City of Waterloo, Iowa, shall be installed. D. That the city water will be provided to all lots as required by the City of Waterloo, Iowa Water Works. E. That municipal fire hydrants will be provided as required by the Waterloo Public Safety Department. F. That storm sewer will be provided as specified by the City Engineer. Developer hereby grants and conveys to the City of Waterloo, Iowa the Storm Water Detention Area marked Tract J for the purpose of maintaining said storm water detention area. G. That handicap ramps will be provided as required by law. H. That a four (4) foot wide concrete sidewalk four (4) inches thick and a concrete surface or hard surface entrance will be installed during or immediately after the construction of the residence on any particular lot, or within five (5) years after the date the plat is filed in the office of the Recorder of Black Hawk County, whichever is sooner and that the sidewalk be across the full length of the lot and on corner lots also, across the parking and full length of the lot. In the event that the City is required to construct the sidewalk as permitted by subparagraph J, a lien or liens may only be imposed against the lot or lots which require city construction and no others in the subdivision. I. That the work improvements called for herein shall be in accordance with the specifications of the City of Waterloo, Iowa, and performed under the supervision of the City Engineer. In the event that the developer, Midwest Development Co., its grantees and assigns fail to complete the work and improvements called for herein within one (1) year from the date of the acceptance of said final plat by each developer by the City of Waterloo, Iowa, the City may then make the improvements and assess the costs of the same to the lots owned and platted by the developer. The undersigned, for themselves, their successors, grantees and assigns, waive all statutory requirements of notice of time and place of hearing and agree that the City may install said improvements and assess the total costs thereof against the respective lots. J. That the City may perform said work, levy the cost thereof as assessments, and the undersigned agree that said assessments so levied shall be a lien on the respective lots with the same force and effect as though all legal provisions pertaining to the levy of such special assessments have been observed, and further authorize the City Clerk to certify such assessments to the County Auditor as assessments to be paid in installments as provided by law. K. Tract Ito be an undevelopable lot to be either conveyed to the owners of Lot 7, Audubon Park Third Addition, or to be absorbed in the construction of Partridge Lane -Tract B. 29. The developer, Midwest Development Co., states: A. That this plat and development shall comply with the R-1 Residential Zoning District Classification Regulations. 30. Notwithstanding anything contained in the Deed of Dedication to the contrary, any assessment made under the Deed of Dedication shall not be a lien against any property described herein unless and until the City of Waterloo records with the Black Hawk County Recorder a "Notice of Assessment Lien" which notice shall describe the property against which the lien attaches in the amount of said lien. 31. All subsequent owners of lots in the subdivision shall be obligated to meet any requirements imposed by the Commissioners of the Black Hawk County Conservation District or any other governmental agency, by the authority of Chapter 161A, Code of Iowa, pertaining to soil erosion control plans for certain land distributing activities. This covenant shall be perpetual and not be governed by the provisions of Paragraph 23 of this Deed of Dedication. SIGNED and DATED this day of , 2014. MIDWEST DEVELOPMENT CO. By Kyle Skogman, President By Richard A. Siders, Treasurer 7 STATE OF IOWA ) ) ss. COUNTY OF LINN ) This instrument was acknowledged before me on , 2014, by Kyle Skogman and Richard A. Siders as President and Treasurer of Midwest Development Co. Notary Public in and for the State of Iowa 8 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WATERLOO ENGINEERING DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 ERIC'THORSON, P.E. • City Engineer email: city.engineer@waterloo-ia.org• February 12, 2014 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: PRELIMINARY PLAT AUDUBON HEIGHTS FOURTH ADDITION Dear Aric: This preliminary plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this preliminary plat be approved. Dennis J. Gentz, P.E. Assistant City Engineer CITY WEBSITE: www.cityofwaterlooiowa.com 9131 9641 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-124 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, APPROVING THE 102 -LOT PRELIMINARY PLAT AND NECESSARY DOCUMENTS OF AUDUBON HEIGHTS FOURTH ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, on this 17th day of February, 2014, at a regular meeting of the City Council of the City of Waterloo, Iowa, the 102 -lot Preliminary Plat of Audubon Heights Fourth Addition, Waterloo, Black Hawk County, Iowa, was presented for approval, and WHEREAS, said Preliminary Plat has been previously submitted to and has been approved by the Waterloo City Planning, Programming and Zoning Commission, and WHEREAS, said Preliminary Plat has been considered and should receive approval of this Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the 102 -lot Preliminary Plat of Audubon Heights Fourth Addition, Waterloo, Black Hawk County, Iowa, be and it is hereby approved and the Mayor and City Clerk of the City of Waterloo, Iowa, are hereby authorized and directed to certify and affix their signatures to said resolution. PASSED AND ADOPTED this 17th day of February, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Scares, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2014-124, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 17th day of February, 2014. Witness my hand and seal of office this 17th day of February, 2014. SEAL Suzy Schlres, CMC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: February 17 2014 Prepared: February 12 201 Dept. Head Signature: Aric Schroeder City Planner # of Attachments: Request by Craig Fairbanks Homes for approval of the Preliminary SUBJECT: Re q generally of Crossroads Estates Replat No 5, g y located along Hummingbird Circle between Bobolink Drive and Sarah Drive for the development of a 5 -lot residential subdivision. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request by Craig Fairbanks Homes for approval of the Preliminary Plat of Crossroads odT ate 5 addites rilat No 5. The onal buildable lots. of the plat is to allow the property to be p The Final Plat of the subdivision will be submitted in the near future. Please find attached the following documents: RON ° Staff report WELPER ° Aerial photograph of the area Ward 5 0 Preliminary Plat TOM ° Report of the City Engineer LIND At the August 6, 2013 regular meeting, the Preliminary and Zoning Commission unanimously recommended approval The plat consists of 5 -lots, containing 1.9 acres of land, which is located along Hummingbird Circle between Bobolink Drive and Sarah Drive. Lot sizes range from 0.25 acres to 0.46 acres.. STEVE SCHMITT At -Large Expenditure Required: N/A Source of Funds: N/A Policy Issue: Land Use Alternative: cc: Noel Anderson, Community Planning & Development Director Eric Thorson, City Engineer CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: August 6, 2013 Request for the Preliminary and Final Plat of Crossroads Estates Replat No 5 along Hummingbird Circle between Bobolink Drive and Sarah Drive for the development of a 5 -lot residential subdivision. Craig Fairbanks Homes, 319 Spruce Hills Drive, Cedar Falls. The request is for the Preliminary and Final Plat of Crossroads Estates Replat No 5 for the development of a 5 - lot residential subdivision. The request would not appear to have a negative impact upon the surrounding area, and the plat would promote additional development in the area, which would add tax base to the City and will be consistent to already existing development surrounding the area in question. The request would not appear to have a negative impact on traffic conditions, as it would not significantly increase the amount of traffic on the surrounding roads. The plat will have frontage on Hummingbird Circle, Bobolink Drive, Mockingbird Lane and Sarah Drive, which are classified as a Local Streets. Currently, there are no pedestrian sidewalks serving the lots to be platted, but the deed of dedication of Crossroads Estates Replat No. 2 requires that when lots are developed, sidewalks be placed on the west side of Bobolink (but not east), north side of Hummingbird (but not south) and west side of Mockingbird (but not east). Replat No. 3 and 4 required sidewalk along the east/south side of Hummingbird. Staff feels that all street frontages within the proposed subdivision should be required to provide sidewalk. This will result in a short gap in sidewalk along the south side of Hummingbird in front of the existing duplex at 1121-1123 Hummingbird, however this could be addressed by a future sidewalk infill program. There are no recreational trails in the area of the request. The site in question has been zoned "R-3, R -P" Planned Residence District since 8/19/91. The request would not require any buffering. A drainage plan has not been submitted. The original Crossroads Estates was platted in 1979, but the first homes were built in the subdivision in 1996. Recent 08-06-13 Crossroads Estates Replat No 5 Pre and Final Plat.doc Page FLOODPLAIN: PUBLIC/OPEN SPACES/SCHOOLS UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: August 6, 2013 years have seen renewed interest in the development of the subdivision, with large portions of the subdivision being purchased or optioned by developers, and more homes starting to be constructed. No portion of the plat is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map dated July 18, 2011. There are no public open spaces or schools in the area. There is an 8" sanitary sewer in Bobolink, Hummingbird and Mockingbird. There is a 12" storm sewer in Bobolink, Mockingbird, and Hummingbird east of Mockingbird. The Preliminary Plat does not show any proposed sewer extensions, and it would appear that the proposed lost can be served by the existing utilities. There is an 8" water line in Bobolink and Hummingbird, and a 6' in Mockinbird. The plat shows existing easements established by Replat No. 2, including an 8' easement along the north property line, and two 10' easements stubbed off of Hummingbird Circle on Lots 2 and 3. The plat also shows a 20' setback from the street frontages. The Future Land Use Map designates the area as Mixed Commercial, which includes medium to high density residential. This request would be in conformance with such designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. The Preliminary and Final Plats consist of 5 -lots, containing 1.9 acres of land, which is located along Hummingbird Circle between Bobolink Drive and Sarah Drive. Lot sizes range from 0.25 acres to 0.46 acres. The proposed plat would allow for additional residential development in the area. At the Technical Review Committee meeting, it was discussed if the two areas being excluded from the plat should get included and added as separate lots. The applicant's engineer is investigating this further, including issues surrounding those properties being part of a condo association, while the areas currently proposed to be platted are being removed from the condo. 08-06-13 Crossroads Estates Replat No 5 Pre and Final Plat.doc Page STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: August 6, 2013 The submitted Preliminary Final Plats meet the guidelines as put forth by the Subdivision Ordinance. Therefore, staff recommends that the request for the Preliminary and Final Plat of Crossroads Estates Replat No. 5 be approved for the following reasons: 1. The plat is in accordance with the Subdivision Ordinance, and can be served by existing utilities. 2. The plat is in accordance with the Comprehensive Plan and Future Land Use Map, which classify this area as Mixed Commercial, including medium to high density residential. 3. The plat will create additional infill development in the Primary Growth Area. 08-06-13 Crossroads Estates Replat No 5 Pre and Final Plat.doc Page City of Waterloo Planning, Programming and Zoning Commission August 6, 2013 1 1 1 1 1 111 1 1 I I I I III V I I I 1 1 1 1 1 I i i iii i i ni �� ��11�I�I �JIIII I 1111 111"""15 ■ - R=4 W. • OMMIIM A�� 1*!! R-3 R-4 P.k-- R-3 R-3 R-2 R-4 M-1 �L. M-1 E. RIDGEWAY A-1 380 C-2 40 MMANG DR. 2,C -Z C_2,C�Z A-1 I C -2,C - R -4,R -P R=2 R:11 R-3 C -P . 218 ifl C -P Crossroads Estates Replat No. 5 Craig Fairbanks Homes City of Waterloo Planning, Programming and Zoning Commission August 6, 2013 J sc157 0,€,T( _trt L etrt V' MY,.r.50 Crossroads Estates Replat No. 5 Craig Fairbanks Homes N 'O - . 0 \\A 150 75 0 150 \ 1%%1100 O ,Feet L 8 x 8 a 8 s ffi i 8 8 o 8 8 8 8 g®I�IIIIIIII=- a:.Qo®oT2t:fmo,40gg®wo I�Illtllll� NOIIVOO1 NOISIAI48flS Crossroads Estates Replat No. 5 Porta of Tract 1 & Traci 3. Croaaraada Estates Replat No. 2 Waterloo, Black Hawk County. Iowa 02 Engineering 1501 Technology Parkway Cedar Falls, Iowa - 319-266-5829 drown by don wale Revised Lot 1 & Lot 2 boundary 8.9-13 W. br 1-16-2013 1'=50" book JL dale CITY OF WATERLOO PLANNING AND ZONING COMMISSION REQUEST FOR PLATTING (MINOR OR PRELIMINARY) 1. APPLICATION INFORMATION: a. Applicant's Name (please print): _Craig Fairbanks Homes Address: 319 S •ruce Hills Drive Phone: 319-404-0412 City: Cedar Falls State: IA Zip: 50613 b. Status of Applicant: (a) Owner _ (b) Other X (CHECK ONE): If Other explain: Purchaser of undeveloped property within The Pointe III c. Property Owner's Name if different than above (please print): Adair Holdings, LLC Address: 405 N 115`h St, #100 City: Omaha 2. PROPERTY INFORMATION: Phone: State: NE Zip: 68154 a. Name of Plat: Crossroads Estates Replat No. 5, A Replat of Part of Crossroads Estates Replat No. 2 b. General Location of Property: _Hummingbird Circle between Bobolink Dr. and Sarah Dr._ c. Area of Proposed Plat: 1.954 acres d Zoning District(s): R -3_R -P 3. OTHER DOCUMENTATION: a. Preliminary Deed of Dedication (preferred but not required) b. Overall Street Plan (if applicable) c. Six (6) copies of the Preliminary Plat which are in conformance with Section 11-3-2 of the Subdivision Ord. d. Four (4) copies of Preliminary Deed of Dedication 4. IMPROVEMENTS a. Are you requesting participation by the City in any improvements? Yes b. If yes specify why and for what for? c. Costs (estimated): Total Cost Estimate Requested City Share Storm Sewer $ $ Sanitary Sewer $ $ Paving $ $ Land Dedicated $ $ TOTAL $ $ The Request Fee of $300 + $10 per lot (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 request to be approved. Any major change in any of the information given will require that the request go back through the process, with a new Request Fee. The undersigned certify under oath and und..r 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. Eograi.ming, and Zoning Commission and the Waterloo City Council in making their decision. The under one 'author _t' City Z. ing Officials to enter the property in question in regards to the request. ij/; / �� nat re o pplica Date Signature of Owner Date Preliminary and Final Plat Request — Crossroads No.5 Replat Looking at the northwest corner of Mockingbird Lane and Hummingbird Circle where one of the lots will be platted. Looking east from Bobolink Drive at where two of the lots on the western edge of the plat will be platted. Standing at the northwest corner of Sarah Drive and Hummingbird Circle where two of the lots will be platted. Looking at existing residential development in the area near the plat in question. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA WATERLOO ENGINEERING DEPARTMENT 715 Mulbeny Street • Waterloo, IA 50703 • (319) 291-4312 Fax (319) 291-4262 ERIC THORSON, P.E. • City Engineer email: city.engineerVuwaterloo-ia.org February 11, 2014 Aric Schroeder, City Planner Planning, Programming & Zoning Commission Waterloo City Hall Waterloo, IA 50703 RE: PRELIMINARY PLAT CROSSROADS ESTATES REPLAT NO. 5 Dear Aric: This preliminary plat has been reviewed, and it has been determined that it meets the requirements of the applicable portions of Section 3, 4 and 5 of Ordinance 2997, Subdivision Ordinance. It is recommended that this preliminary plat be approved. Sincerely, ennis J. Gentz, P.E. Assistant City Engineer CITY WEBSITE: www. cityofwaterlooiowa.com 9131 9641 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, APPROVING THE PRELIMINARY PLAT AND NECESSARY DOCUMENTS OF CROSSROADS ESTATES REPLAT NO. 5 IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, on this 17th day of February, 2014, at a regular meeting of the City Council of the City of Waterloo, Iowa, the Preliminary Plat of Crossroads Estates Replat No. 5, Waterloo, Black Hawk County, Iowa, was presented for approval, and WHEREAS, said Preliminary Plat has been previously submitted to and has been approved by the Waterloo City Planning, Programming and Zoning Commission, and WHEREAS, said Preliminary Plat has been considered and should receive approval of this Council. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Preliminary Plat of Crossroads Estates Replat No. 5, Waterloo, Black Hawk County, Iowa, be and it is hereby approved and the Mayor and City Clerk of the City of Waterloo, Iowa, are hereby authorized and directed to certify and affix their signatures to said resolution. PASSED AND ADOPTED this 17th day of February, 2014. ATTEST: LCA.x Suzy S dares, CMC City C erk est G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2014-125, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 17th day of February, 2014. Witness my hand and seal of office this 17th day of February, 2014. SEAL X3 uzy Sc ares, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 17 201 Prepared: February 12 2014 Dept. Head Signature: z es # of Attachments: 1 SUBJECT: Resolution approving Lactation Accommodation Policy Submitted by: Suzy Schares, City Clerk/HR Director Recommended City Council Action: Pass resolution approving lactation accommodation policy. Summary Statement: Expenditure Required: none Source of Funds Policy Issue Alternative Background Information: As a part of the Blue Zone Certification process a policy supporting making accommodations for employees who need to breast feed during the work day has been created with the assistance of the Black Hawk County Health Department. It has been reviewed by all department heads and is appropriate for a City our size. CITY OF WATERLOO LACTATION ACCOMMODATION POLICY Introduction The City of Waterloo recognizes the need to promote a work environment that is supportive of breastfeeding employees who wish to provide breast milk for their infants when they return to work. Allowing employees to express milk at work is beneficial not only to the employee, but also the employer and the community. Women who breastfeed recover faster after childbirth and have a reduced risk of breast cancer, ovarian cancer, and osteoporosis. Common childhood illnesses are less frequent and less severe among breastfed infants. Breastfeeding also reduces the risk of more serious diseases like meningitis, diabetes, and allergies, as well as chronic diseases, especially obesity, which impacts our economy by increasing costs for healthcare and lost productivity throughout the lifespan. Healthier employees and babies mean fewer employee absences and lower health care costs. Statement of Policy The City encourages employees and management to have a positive, accepting attitude of working women and breastfeeding. The City's Lactation Accommodation Policy shall be disseminated to every employee. In accordance with Federal and Iowa State laws, it is the policy of the City to accommodate nursing employees' lactation needs by providing: 1. Time to Express Milk or Breastfeed (Lactation Time) 1. If possible, the lactation time should be the same as the employee's regular break time. 1.2. Employees shall be allowed a flexible schedule for pumping breast milk. The time allowed may exceed normal lunch or break periods. Any time in excess of a normal lunch or break period will not be paid as regular work time, but with supervisory approval, the employee may make up her time with either sick leave, annual/vacation leave or a flexed work schedule. 1. An Appropriate Private Location 2.1. Employees shall be provided the use of a clean, comfortable space or Lactation Area. If a designated Lactation Area is not available, vacant offices or conference rooms are possible options. A restroom is not acceptable. The Lactation Area should be secure, equipped with a working electrical outlet, be in close proximity to the employee's work area, and contain comfortable seating with a table or other flat surface to hold a breast pump. Windows should be covered. Employees should have access to a sink with hot water and soap for hand washing and cleaning of equipment and access to a refrigerator or personal cooler for storage of expressed breast milk. 2.2. The City recognizes that some remote locations or non-traditional mobile worksites may not have adequate facilities to accommodate a lactating employee. In such instance the Department Head and the Human Resources Department staff will work with the employee to reach a mutually acceptable solution that provides reasonable accommodations. This may include a flexible schedule to allow the employee to return home, go to a nearby City Lactation Area or go to another mutually agreed upon location to express breast milk. 3. Notice/Information 4.1. The Human Resources Department shall provide a copy of this policy to employees prior to their maternity leave and after returning to work. Human Resources should document furnishing the policy to employees on both occasions. Lactation Accommodation Request Procedure 1. Prior to returning to work, an employee who has need for lactation accommodation should inform her supervisor and discuss any relevant workload or scheduling issues. 2. Supervisors who receive a lactation accommodation request are advised to do the following: a. Review available space in the department and prepare to provide appropriate nearby space and break time. b. Contact the Human Resources Department for advice and assistance if unable to reach a mutually acceptable solution to meet an employee's request. Zero Tolerance Breastfeeding should not constitute a source of discrimination in employment or in access to employment. It is prohibited under this policy to harass a breastfeeding employee; such conduct unreasonably interferes with an employee's work performance and creates an intimidating, hostile or offensive working environment. Any incident of harassment of a breastfeeding employee will be addressed in accordance with the City's policies and procedures for discrimination and harassment. Managers and supervisors shall respond to any request for lactation accommodation in a manner consistent with the procedures outlined in this policy. Nursing mothers who feel they have been denied appropriate accommodation are encouraged to contact the Human Resources Department. The Human Resources Department shall continue to be the lead agency for equal employment opportunity policy and complaint resolution, and reasonable accommodation. Investigations will be conducted in accordance with the City Policy. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-126 RESOLUTION APPROVING LACTATION ACCOMMODATION POLICY FOR THE CITY OF WATERLOO, IOWA. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the attached Lactation Accommodation Policy as part of the Blue Zone Certification process for the City of Waterloo, Iowa, be and the same is hereby approved. PASSED AND ADOPTED this 17th day of February, 2014. Ernest G. Clark, M.yor ATTEST: arol Ne ers Deputy City Clerk CITY OF WATERLOO LACTATION ACCOMMODATION POLICY Introduction The City of Waterloo recognizes the need to promote a work environment that is supportive of breastfeeding employees who wish to provide breast milk for their infants when they return to work. Allowing employees to express milk at work is beneficial not only to the employee, but also the employer and the community. Women who breastfeed recover faster after childbirth and have a reduced risk of breast cancer, ovarian cancer, and osteoporosis. Common childhood illnesses are less frequent and less severe among breastfed infants. Breastfeeding also reduces the risk of more serious diseases like meningitis, diabetes, and allergies, as well as chronic diseases, especially obesity, which impacts our economy by increasing costs for healthcare and lost productivity throughout the lifespan. Healthier employees and babies mean fewer employee absences and lower health care costs. Statement of Policy The City encourages employees and management to have a positive, accepting attitude of working women and breastfeeding. The City's Lactation Accommodation Policy shall be disseminated to every employee. In accordance with Federal and Iowa State laws, it is the policy of the City to accommodate nursing employees' lactation needs by providing: 1. Time to Express Milk or Breastfeed (Lactation Time) 1. If possible, the lactation time should be the same as the employee's regular break time. 1.2. Employees shall be allowed a flexible schedule for pumping breast milk. The time allowed may exceed normal lunch or break periods. Any time in excess of a normal lunch or break period will not be paid as regular work time, but with supervisory approval, the employee may make up her time with either sick leave, annual/vacation leave or a flexed work schedule. 1. An Appropriate Private Location 2.1. Employees shall be provided the use of a clean, comfortable space or Lactation Area. If a designated Lactation Area is not available, vacant offices or conference rooms are possible options. A restroom is not acceptable. The Lactation Area should be secure, equipped with a working electrical outlet, be in close proximity to the employee's work area, and contain comfortable seating with a table or other flat surface to hold a breast pump. Windows should be covered. Employees should have access to a sink with hot water and soap for hand washing and cleaning of equipment and access to a refrigerator or personal cooler for storage of expressed breast milk. 2.2. The City recognizes that some remote locations or non-traditional mobile worksites may not have adequate facilities to accommodate a lactating employee. In such instance the Department Head and the Human Resources Department staff will work with the employee to reach a mutually acceptable solution that provides reasonable accommodations. This may include a flexible schedule to allow the employee to return home, go to a nearby City Lactation Area or go to another mutually agreed upon location to express breast milk. 3. Notice/Information 4.1. The Human Resources Department shall provide a copy of this policy to employees prior to their maternity leave and after returning to work. Human Resources should document furnishing the policy to employees on both occasions. Lactation Accommodation Request Procedure 1. Prior to returning to work, an employee who has need for lactation accommodation should inform her supervisor and discuss any relevant workload or scheduling issues. 2. Supervisors who receive a lactation accommodation request are advised to do the following: a. Review available space in the department and prepare to provide appropriate nearby space and break time. b. Contact the Human Resources Department for advice and assistance if unable to reach a mutually acceptable solution to meet an employee's request. Zero Tolerance Breastfeeding should not constitute a source of discrimination in employment or in access to employment. It is prohibited under this policy to harass a breastfeeding employee; such conduct unreasonably interferes with an employee's work performance and creates an intimidating, hostile or offensive working environment. Any incident of harassment of a breastfeeding employee will be addressed in accordance with the City's policies and procedures for discrimination and harassment. Managers and supervisors shall respond to any request for lactation accommodation in a manner consistent with the procedures outlined in this policy. Nursing mothers who feel they have been denied appropriate accommodation are encouraged to contact the Human Resources Department. The Human Resources Department shall continue to be the lead agency for equal employment opportunity policy and complaint resolution, and reasonable accommodation. Investigations will be conducted in accordance with the City Policy. CITY OF WATERLOO Council Communication City Council Meeting: 2/17/14 Prepared: 2/11/14 Dept. Head Signature: AFJ # of Attachments: 2 SUBJECT: Waterloo Submitted by: Human Rights FY 2013 Amended Cooperative Agreement between HUD and the City of Abraham L. Funchess, Jr., Executive Director, Waterloo Commission on Recommended City Council Action: Approve the amended FY 2013 Cooperative Agreement between the U.S. Department of Housing and Urban Development and the City of Waterloo for the Fair Housing Assistance Program. Summary Statement: the total amount of the agreement is now $138,500. This represents an increase of $120,000 for the contract year FY 2013 to conduct partnership activities described in the agency's Statement of Work Expenditure Required: $0 Source of Funds: U.S. Department of Housing and Urban Development Policy Issue Alternative Background Information: Please see attached. t *LJQLdThy� 111111 / 4' N DEVE�°Q U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Region VII OFFICE OF FAIR HOUSING AND EQUAL OPPORTUNITY Gateway Tower II, 4th Floor 400 State Avenue Kansas City, KS 66101-2406 Abraham Funchess, Executive Director Waterloo Commission on Human Rights 620 Mulberry Street, Suite 101 Waterloo, IA 50703 Dear Mr. Funchess: FEB 072014 SUBJECT: FY 2013 — Partnership Funds Enclosed are four copies of the Amended Cooperative Agreement Number FF207K137014 to add Partnership Funds to your agency's HUD -funded Fair Housing Assistance Program. The total amount of the agreement is now $138,350.00. This represents an increase of $120,000.00 for the contract year FY2013 to conduct partnership activities described in your agency's Statement of Work. Please sign three copies and return them to the address below no later than February 14, 2014. U. S. Department of Housing and Urban Development Office of Fair Housing and Opportunity Kansas City Regional Office 400 State Avenue Kansas City, KS 66101-2406 If you need additional information, please contact Andrea M. Carson, Equal Opportunity Specialist, at (913) 551-5718, between the hours of 8:00 am and 4:30 pm, Monday through Friday. Enclosures Sincerely, Betty J. Bottiger Regional Director Region VII Office of Fair Housing and Equal Opportunity Phone (913) 551-6958 Fax (913) 551-5834 www.hud.gov espanol. hud.gov Assistance Award/Amendment I. Assistance Instrument ® Cooperative Agreement ❑ Grant 3. Instrument Number FF207K137014 U.S. Department of Housing and Urban Development Office of Administration 2. Type of Action Award I Amendment 4. Amendment Number 7. Name and Address of Recipient Waterloo Commission on Human Rights 620 Mulberry Street, Suite 101 Waterloo, IA 50703 TIN: 42-6005327 10. Recipient Project Manager Abraham Funchess, Executive Director (319) 291-4441 11. Assistance Arrangement 12. Payment Method ❑ Cost Reimbursement ❑ Cost Sharing ® Fixed Price 14. Assistance Amount Previous HUD Amount $ 18,350.00 5. Effective Date of this Action 16. Control Number 01/30/2014 8. HUD Administering Office Kansas City, Kansas Regional Office 400 State Avenue Kansas City, KS 66101-2406 8a. Name of Administrator Betty J. Bottiger 8b. Telephone Number (913) 551-6857 9. HUD Government Technical Representative Denise E. Gipson ❑ Treasury Check Reimbursement ❑ Advance Check ® Automated Clearinghouse 13. HUD Payment Office DHUD, Ft, Worth Accounting Division 801 Cherry Street - PO Box 2905 Ft. Worth, TX 76113 HUD Amount this action $ 120,000.00 Total HUD Amount $ 138,350.00 15. HUD Accounting and Appropriation Data 15a. Appropriation Number J 15b. Reservation number 8613/140144 I FHEO-07-13-14 Recipient Amount $ 0.00 Total Instrument Amount $ 138,350.00 Amount Previously Obligated $ 18,350.00 Obligation by this action $120,000.00 Total Obligation $138,350.00 16. Description: This FY 2013 Cooperative Agreement is being amended to increase funding from $18,350.00 to $138,350.00. This amount represents partnership funding to the Waterloo Commission on Human Rights to utilize the services of individuals and/or public, private, for-profit, or not-for-profit organizations that have expertise needed to effectively carry out the provisions of the FHAP agency's substantially equivalent fair housing law. 17. ®Recipient is required to sign and return three (3) copies of this document to the HUD Administering Office 19. Recipient (By Name) Abraham Funchess Ignay Title 18. LJ Recipient is not required to sign this document. Date (mm/dd/yyyy) L�fDIR.. 2-/1©/2.0/ 1. 20. HUD (By Name) Betty J. Bottiger Signature & Title Cooperative Agreement Officer Date (mm/dd/yyyy) form HUD -1044 (8/90) ref. Handbook 2210.17 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-127 RESOLUTION APPROVING AMENDED FY2013 COOPERATIVE AGREEMENT WITH U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND DIRECTING EXECUTION OF SAID COOPERATIVE AGREEMENT BY HUMAN RIGHTS DIRECTOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Amended FY2013 Cooperative Agreement dated February 17, 2014, in the amount of $138,500.00, reflecting an increase of $120,000.00 received for the City of Waterloo Fair Housing Assistance Program, to conduct partnership activities described in the agency's Statement of Work, by and between the U.S. Department of Housing and Urban Development and the City of Waterloo, Iowa, be and the same is hereby approved, and the Human Rights Director authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 17th day of February, 2014. /1" t G Clark, '.yor ATTEST: Suzy Sch res, CMC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS CITY OF WATERLOO, IOWA COMMUNITY DEVELOPMENT 620 Mulberry Street, Carnegie Annex • Waterloo, IA 50703 • (319) 291-4429 Fax (319) 291-4431 CITY OF WATERLOO Council Communication City Council Meeting: February 17, 2014 Prepared: February 11, 2014 DAVID Dept. Head Signature: 7/A/14( JONES Ward l # of Attachments: 1 bid tab CAROLYN COLE SUBJECT: 179-D-NSP3-02-10-14, Demolition and Site Clearance Ward 2 Submitted by: Rudy D. Jones, Community Development Director HAROLD GETTY Ward 3 Recommended City Council Action: Authorize Award and Execution of the Contract to Lehman Trucking and Excavating not to exceed the $ 33,270.00. QUENTIN M. HART Ward 4 Summary Statement: Staff received a total of one (1) bid, the base total amounts are reflected in the attached bid tab. Lehman Trucking and Excavating is the lowest bidder. RON The property addresses are: 210 Clay Street, 211 Courtland Street, 223 Independence WELPER Avenue and 120 Smith Street. Ward 5 BOB Expenditure Required: Not to exceed the aggregate of the base and alternate bids: GREENWOOD $ 33,270.00 At -Large STEVE Source of Funds: Neighborhood Stabilization Program Funds (NSP3) SCHMITT At -Large Policy Issue: Elimination of Slum and Blight. Alternative: None. Background Information: Properties are City owned and were obtained through 657A process and fall within NSP3 target area to utilize funds for demolition. RDJ:an J:\AN\DEMO\Demo Contracts \179-D-NSP3-2-10-14\DEMO AWARD 179 Council Communication award and execution.docx EQUAL MOUSING OPPORTUNITY CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO ITEMIZED UNIT PRICE SCHEDULE GROUP NO. 179-D-NSP3-02-10-14 DEMOLITION PROGRAM BASE BID STREET ADDRESS MAIN BUILDING OTHER NET STORY HGT. & TYPE BASEMENT BUILDINGS BID PRICE 210 Clay Street 2 Story Frame (000 SF) Full "0" Finished Area None $6,470.00 211 Courtland Street 2 Story Frame (651 SF) Full "0" Finished Area None $7,500.00 223 Independence Avenue 2 Story Frame (709 SF) Full "0" Finished Area None $11,750.00 120 Smith Street 2 Story Frame (576 SF) Full "0" Finished Area None $7,550.00 BASE BID TOTAL $ 33, 270.00 BF -4 (1) Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-128 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO LEHMAN TRUCKING AND EXCAVATING, INC. OF WATERLOO, IOWA, IN CONJUNCTION WITH DEMOLITION AND SITE CLEARANCE SERVICES FOR PROPERTIES LOCATED AT 210 CLAY STREET, 211 COURTLAND STREET, 223 INDEPENDENCE AVENUE AND 120 SMITH STREET, IN THE AMOUNT OF $33,270.00. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract with Lehman Trucking and Excavating, Inc. of Waterloo, Iowa, in the amount of $33,270.00, in conjunction with Demolition and Site Clearance Services for properties located at 210 Clay Street, 211 Courtland Street, 223 Independence Avenue and 120 Smith Street, described in the plans and specifications heretofore adopted by this Council for said project with Resolution No. 2014-094 after public hearing on February 10, 2014 on published notice required by law, be and is hereby awarded, the same being the apparent lowest bid for said project. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND ADOPTED this 17th day of February, 2014. rnest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cl rk CITY OF WATERLOO Ordinance Committee and Council Communication City Council Meeting: February 10, 2014 Prepared: December February 4, 2014 Dept. Head Signature: # of Attachments: C.: - SUBJECT: SUBJECT: Submitted by: Chapter 7 Rental Inspection Program Ordinance Craig Clark — Building Official/Maintenance Administrator Recommended City Council Action: Approve new ordinance - Chapter 7 Rental Inspection Program Background Information: This ordinance will help improve rental property in the City of Waterloo and align us with other jurisdictions in Iowa. Our previous ordinance is outdated and had not been changed since 1981. The new ordinance will help us track rental properties and perform inspections in a more professional manner. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. ORDINANCE NO. AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, BY REPEALING CHAPTER 7, HOUSING, OF TITLE 9, BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO; AND ENACTING IN LIEU THEREOF A NEW CHAPTER 7, RENTAL HOUSING, OF TITLE 9, BUILDING REGULATIONS, OF THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That Chapter 7, Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo is hereby repealed in its entirety; and that a new Chapter 7, Rental Housing, of Title 9, Building Regulations, of the Code of Ordinances of the City of Waterloo is hereby enacted in lieu thereof as follows: Chapter 7 Rental Housing 9-7-1: TITLE: This chapter shall be known as the Waterloo Rental Housing Code and will be cited as the housing code. 9-7-2: PURPOSE: The purpose of this code is to provide minimum standards to safeguard life, limb, health, property and public welfare by regulating and controlling the use, occupancy, location and maintenance of all residential buildings and structures for rental within this jurisdiction, and to establish a program of regular rental inspections. Ordinance No. Page 2 9-7-3: DEFINITIONS: When used in this chapter, the following terms and words shall have the following meanings, unless the context clearly indicates that a different meaning is intended. DWELLING: Any building, structure, or portion thereof which is occupied as, or designed or intended for occupancy as, a place for human residence, including sleeping quarters and bathroom or kitchen facilities. LANDLORD: The owner of a rental unit. Landlord is also referred to in this chapter as owner, operator, licensee and applicant. LICENSING OFFICER: The Waterloo City Clerk and his or her designee. RENTAL UNIT: Any dwelling, duplex, multiple dwelling, condominium, dwelling unit, rooming unit, or sleeping unit which is not eligible for the Iowa homestead credit for property tax purposes, or single -dwelling portions of a duplex or multiple dwelling that are not occupied by the owner of the property, and which requires a payment in money or services to be made to the owner for the possession or use thereof. RESPONSIBLE LOCAL AGENT: A designated agent of a landlord who is responsible for fulfilling the landlord's duties with regard to landlord's rental units. Also referred to herein as an agent. 9-7-4: LANDLORD LICENSE REQUIREMENT: A. No person shall lease, rent, or otherwise allow a rental unit to be occupied without a current landlord license obtained from the City Clerk under the provisions of this chapter. B. In order to be granted a landlord license an applicant must register all rental units(s) for which the applicant is the owner or responsible local agent by completing and filing a rental permit registration form with the City Clerk, as provided in this chapter, and paying all fees required by this Code. C. The requirements to receive a landlord license include the following: 1. All requirements of Section 9-7-7 pertaining to inspections have been met; 2. All fees for the registration of the rental unit(s) and license have been paid in full; 3. All judgments of any nature in the City's favor and against the applicant have been paid in full; 4. The applicant has provided the licensing officer the name(s), address and telephone number(s) of the individual(s) responsible for the maintenance and management of the registered premises; Ordinance No. Page 3 5. All requirements of Section 9-1 B are met on all rental properties owned by the landlord. D. Issuance of License. If the licensing officer concludes as a result of the information contained in the application that the requirements for a landlord license have been met, then the licensing officer shall issue the landlord license, otherwise the licensing officer shall issue a notice of denial. E. License Term. A landlord license shall be valid for no more than one (1) year. All licenses shall expire on December 31 of each year. The landlord or responsible local agent shall re -apply for a license no later than November 1. E. A landlord license fee and renewal fees shall be established by resolution of the city council. 9-7-5: RENTAL REGISTRATION PERMIT: A. No person shall lease, rent, or otherwise allow a rental unit within the City to be occupied without first obtaining or renewing a rental registration permit from the City and designating a responsible local agent. All rental units must be registered annually as required by this chapter. 1. Registration Forms. Application for registration shall be made upon current forms furnished by the City and shall, at minimum, require all of the following information. a. The name of the apartment house or complex, if any; b. The street address and block and lot number of the rental unit(s); c. The year originally built or replaced; d. The number and types of rental units within the rental property; e. The number of bedrooms and bathrooms in each unit; f. The maximum number of tenants permitted for each rental unit in accordance with the adopted International Property Maintenance Code or other applicable codes; g. The name, address, telephone number and, where applicable, an e-mail address, mobile telephone number, and facsimile number, of the person or agent authorized to collect rent from the tenants; h. The name and contact information for the person who is responsible for yard maintenance and trash collection, and indication of whether such person is landlord, agent, or tenant; A copy of a current valid inspection certificate for the property shall be provided with the application, but shall not be necessary in the event of a first-time application. j. Multi -unit housing — All rental units contained within a multi -unit dwelling or building may be registered on one registration form by listing individual addresses if all other required information is the same. Ordinance No. Page 4 k. Represent that the landlord has insurance in effect that insures each rental unit, and the larger building of which it may be a part, against damage to the premises, with coverage in an amount sufficient to repair damages and render the premises habitable within ninety (90) days. Landlord shall promptly provide proof of such insurance to the city clerk upon request. 2. Payment of Fees. The landlord shall have all outstanding fees, charges, and assessments owed to the City of Waterloo paid in full before issuance of any rental registration permit, except for such fees, charges or assessments which may be the subject of an active appeal. B. Accurate and Complete Information. All information provided on the registration form must be accurate and complete. No person shall provide inaccurate information for the registration of a rental unit. Failure to provide the information required for such registration shall be grounds for denial or non -renewal. The landlord or the designated responsible local agent shall sign the registration form, certifying to the accuracy and completeness of the information provided. When the owner is not a natural person, the owner information shall be that of the president, general manager or other chief executive of the organization. When more than one person has an ownership interest, the required information shall be provided on the registration form for each owner with a twenty-five percent (25%) or greater interest. C. Change in Registration Information or Transfer of Property. 1. Whenever there is a change in the information required for a permit, the landlord or responsible local agent must be re -registered within thirty (30) calendar days after any change occurs and either the permit shall be amended or a new permit shall be issued. 2. If the rental unit is sold, assigned, or otherwise transferred, the rental unit must be re -registered within thirty (30) days. 3. The landlord shall notify the City Clerk's office of any change in the designation of the responsible local agent including a change in name, address, e-mail address, telephone number, mobile telephone number or facsimile number of the designated registered local agent within thirty (30) days of the change. 4. The landlord or responsible local agent shall notify the building official of a change in the functional design characteristics of the rental unit or the maximum number of tenants permitted for each rental unit as regulated by adopted building and life safety codes. Any such change shall require appropriate inspections and issuance of a new certificate of compliance. D. Registration Term and Renewals. 1. A rental registration permit shall be valid for no more than one (1) year. All permits shall expire on December 31 of each year, or upon suspension or revocation of the landlord license of the property owner. The landlord Ordinance No. Page 5 or responsible local agent shall re -register each rental unit with the City no later than November 1. 2. Failure to register rental units by the deadline shall result in the assessment of a double registration fee. 3. Annual renewal of rental unit registrations may be expedited by submitting a City -provided affidavit form that affirms there are no changes to the previous year's registration information. The landlord or responsible local agent must review this information prior to submitting the renewal affidavit. 4. Responsible Local Agent. The responsible local agent shall be responsible for all of the following: a. Operating the registered rental unit in compliance with all applicable City ordinances; b. Providing escorted access to the rental unit for the purpose of making any and all inspections necessary to ensure compliance with applicable city ordinances; c. Maintaining a list of the names and number of occupants of each rental unit for which he or she is responsible and providing Crime Free Lease Addendum documentation upon request per incident; d. Accepting all legal notices or services of process under this chapter with respect to the rental unit. 9-7-6: DENIAL, SUSPENSION, REVOCATION OR NON -RENEWAL: A. The licensing officer or building official may revoke, suspend, deny or decline to renew any landlord license issued under 9-7-4 or any rental registration permit issued under 9-7-5 for any of the following grounds. 1. False statements on any application or other information or report required by this section to be given by the applicant or licensee. 2. Failure to pay any application, penalty, re -inspection or reinstatement fee required by this chapter or city council resolution. 3. Failure to correct deficiencies noted in notices of violation within the time specified in the notice. 4. Failure to comply with the provisions of a mitigation or remediation plan approved by the building official or designee. 5. Failure to comply with the provisions of Title VIII of the Fair Housing Act of 1968 (as amended). 6. Allowing rental units to be occupied after the tenant has violated the Crime Free Lease Addendum required by 9-7-8 and failing to take reasonable and effective remedial action when such violative conduct occurs. 7. Failure to implement the Crime Free Lease Addendum required by 9-7-8 on all new and renewal lease agreements. 8. Failure to provide proof of the insurance referred to in 9-7-5(A) upon request of the city clerk. Ordinance No. Page 6 9. Designation of a rental unit or the larger structure of which it is a part as an unsafe structure by the building official or his designee. B. Limited Defense to Adverse Action. It shall be a defense to enforcement action based on tenant violation of a Crime Free Lease Addendum if the landlord or its responsible local agent has undertaken each of the following actions. 1. Reported the violation to city police. 2. Evicted or attempted to evict the tenant by lawful means. 3. In the instance of a first offense, undertaken with diligence reasonable means to avoid a recurrence of violations on the premises by present or future tenants or occupants. C. Notice of Decision. A decision to deny, suspend, revoke or not renew a license or permit shall be in writing, delivered by ordinary mail to the address indicated on the application or license, and shall specify reasons for the action. D. Effect of Decision. Upon decision to deny, suspend, revoke or not renew a license or permit, no new application for a landlord license or a rental registration permit from the applicant or licensee for the same rental unit or multi -unit building will be accepted for a period of six (6) months from the date of the decision. After the six (6) month period has expired, the landlord may reapply for a license or permit, but approval is not automatic depending on the specific facts of the case. Further action adverse to the landlord is appealable under this chapter. No rent may be collected for any unit not covered by a valid, current permit. Until such license or permit is issued, reissued or reinstated, no new rental contracts may be entered into by the landlord or its local responsible agent for any of such landlord's rental properties, but existing rental contracts may be extended or renewed on the same terms. E. Appeals. No landlord license or rental registration permit may be finally denied, suspended, revoked or not renewed without notice and an opportunity for the applicant or holder of the license or permit to be heard. The applicant or holder of the license or permit may appeal the decision to the Housing Appeals Board as provided in 9-7-11. F. Order of precedence to deny, suspend, revoke or not renew a landlord license or rental registration permit. 1. First course of action — Rental unit registration(s) shall be denied, suspended, revoked or not renewed if an owner allows a specific property or properties to remain in violation of this chapter or otherwise in an illegal condition or status and has failed to take responsible, reasonable and verifiable actions on a timely basis to remedy the violation(s). 2. Second course of action — Landlord license shall be denied, suspended, revoked or not renewed if an owner allows repeated violations to occur and continues to allow rental unit(s) to remain in violation of this chapter Ordinance No. Page 7 or otherwise in an illegal condition or status and has failed to take responsible, reasonable and verifiable actions on a timely basis to remedy the violation(s). 9-7-7: INSPECTIONS REQUIRED: A. Rental Properties: Regular inspection on all residential rental property, including mobile homes, shall be made once every three (3) years for compliance with the building code, property maintenance code, other applicable codes, and this chapter. In addition to said codes and this chapter, the housing quality standards promulgated by the United States Department of Housing and Urban Development for use in assisted housing programs will govern to the extent not superseded by more stringent requirements of said codes and this chapter. Inspections of all properties will also be made at any time upon receipt of a complaint or request by a tenant or owner. Any rental structure receiving two (2) complaints regarding substantiated violations during any twelve (12) month period shall be put on an annual inspection schedule for three (3) years following the last substantiated complaint. B. Regular Inspections: Inspections shall be made with notice to the owner, or its responsible local agent if any, and occupant at least ten (10) days prior to the inspection being made. Inspection shall be made of each rental unit and of all common space or areas under the owner's control. C. Certificate of Inspection: 1. No person shall rent, lease or cause to be occupied any rental unit that does not possess a certificate of inspection issued under this code. This section shall not be operable until such unit has come under the provisions of this section. 2. After passing inspection, a rental unit governed by this chapter shall be issued a certificate of inspection. 3. The landlord, or its responsible local agent if any, and occupants of rental units inspected under this chapter shall be furnished with a list of any violations and shall be advised specifically of any violations which may cause an immediate hazard to the health or safety of an occupant, with a specific time limit set for correction of the violations. D. Inspection Fees: All inspection and reinspection fees shall be paid by the owner or responsible local agent prior to the issuance of a certificate of inspection. Any inspection fee not paid within thirty (30) days shall be deemed a violation of this section. Fees shall be as follows: 1. A reinspection fee of fifty dollars ($50.00) per unit if not in compliance will be charged for each reinspection. 2. A fee of fifty dollars ($50.00) will be charged for all scheduled inspections where an appointment is not kept and the owner, local responsible agent or Ordinance No. Page 8 occupant did not make an attempt within three (3) days after the appointment to reschedule the inspection. 9-7-8: CRIME FREE LEASE ADDENDUM: A. All rental agreements commencing or renewed after the effective date of this ordinance, whether written or oral, concerning rental units that are subject of this chapter shall include a Crime Free Lease Addendum, in form and substance acceptable to the city and adopted by resolution of the city council. As a condition of any landlord license granted hereunder, the licensee shall produce any rental agreements as may be requested by the city to determine compliance with this requirement. B. Failure of the landlord to produce the Crime Free Lease Addendum upon request by the City shall be a violation of this chapter. 9-7-9: OWNER AND TENANT RESPONSIBILITIES: A. Every landlord or its agent, in addition to being responsible for maintaining each rental unit in a sound structural condition, shall be responsible for keeping that part of the building or premises which it controls in a clean, sanitary and safe condition, including the shared or public areas in a building containing two (2) or more rental units. In addition, every landlord or its agent shall comply with the provisions of Title 5, Chapter 3, Article B of this code, granting housing protections to victims of domestic violence. B. Tenant to maintain rental unit. The tenant shall comply with all obligations primarily imposed upon tenants by applicable provisions of building and housing codes materially affecting health and safety. 9-7-10: HOUSING APPEALS BOARD: The housing appeals board shall consist of five (5) members, three (3) of whom shall constitute a quorum. All appointments shall be for a term of three (3) years. The board shall consist of a home builder, a tenant, a landlord and two members -at -large. Each board member shall be a resident of the City of Waterloo or shall have his or her principal place of employment in the City of Waterloo. No member of said board shall serve more than two (2) consecutive terms and shall not be reappointed to a third term unless said member has not served on any board or commission of the city for a minimum of one year before reappointment to any board or commission; provided, however, that a third term may be approved upon extraordinary circumstances and/or unavailability of applicants as determined by the mayor. 9-7-11: APPEALS: Ordinance No. Page 9 A. Right of Appeal: A person aggrieved by a decision of the licensing officer or the building official may file a written appeal with the city clerk within fourteen (14) days of the postmarked date of the notice of decision. An administrative fee of fifty dollars ($50.00) must be paid when the appeal is filed. Failure to file the appeal and pay the administrative fee within said fourteen (14) days shall constitute a waiver of the right to a hearing, and the decision shall thereupon become final. B. Scheduling and Noticing Appeal for Hearing: As soon as practicable after receiving the written appeal the housing appeals board shall fix a date, time, and place for the hearing of the appeal by the board. Such date shall be not less than ten (10) days nor more than sixty (60) days from the date the appeal was filed with the city clerk and the administrative fee paid. Written notice of the time and place of the hearing shall be given at least ten (10) days before the date of the hearing to each appellant by the city clerk either by delivering a copy of such notice to the appellant personally or by mailing a copy thereof, postage prepaid, addressed to the appellant at his or her address shown on the appeal. The hearing shall be scheduled for no more than thirty (30) minutes in length, or such additional time as the board in its discretion may deem necessary. If the appellant desires additional time, he or she must make application to the board at least seven (7) days before the hearing date. C. Conduct of Hearing: At the appeal hearing the appellant shall have an opportunity to be heard and to show cause as to why such decision should be modified, extended, or overturned, or why a variance should be granted. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal. The appeal hearing shall be simple and informal, without regard to technicalities of procedure or rules regarding admissibility of evidence. The board may consider any evidence it considers credible, including testimony of city employees, written summaries and other secondary sources, and give such weight to the evidence as it considers warranted. After such hearing the board, by a majority vote, may sustain, modify, extend or revoke a decision or grant or deny a variance. Such determination shall be contained in a written decision and shall be filed with the city clerk within ten (10) days after the hearing, or any continued session thereof. D. Variances or Extensions: The board, by majority vote, may grant variances or extensions of time to take corrective action. In the event that an extension or variance is granted, the board shall observe the following conditions: 1. In lieu of or in addition to administrative extensions, the board may grant an extension or extensions of time for compliance with any order or notice provided that the board makes specific findings of fact based on evidence relating to the following: a. That there are practical difficulties or unnecessary hardships in carrying out the strict letter of any notice or order; and Ordinance No. Page 10 b. That such an extension is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare. 2. Except under extraordinary circumstances, the extension or sum of extensions shall not exceed nine (9) months. 3. The board may grant a variance in a specific case and from a specific provision of this chapter subject to appropriate conditions; and provided the board makes specific findings of fact based on evidence presented on the record as a whole, and related to the following: a. That there are practical difficulties or unnecessary hardships in carrying out a strict letter of any notice or order; and b. That due to the particular circumstances presented, the effect of the application of the provisions would be arbitrary in the specific case; and c. That an extension would not constitute an appropriate remedy for these practical difficulties or unnecessary hardships in this arbitrary effect; and d. That such variance is in harmony with the general purpose and intent of this chapter in securing the public health, safety and general welfare. E. Staying of Order Under Appeal: Enforcement of any notice issued under this chapter shall be stayed during the pendency of a timely and properly perfected appeal therefrom. 9-7-12: VIOLATION; PENALTY. A. Except as set forth in subsection C below, any person who violates the requirements of this chapter shall be guilty of a municipal infraction, subject to prosecution and penalty in accordance with 1-3-2 of this code and further actions to deny, suspend, revoke or not renew a landlord license and/or rental registration permit as prescribed in this chapter. B. Violation correction procedures as prescribed in Section 106 and 107 of the adopted International Property Maintenance Code shall be followed unless otherwise amended by this or other provisions of this code. C. Crime Free Lease Addendum. The penalty for violation of 9-7-8 shall be as follows: 1St Offense $100 2nd Offense $200 3rd and Subsequent $500 each Ordinance No. Page 11 D. Injunction. It shall be unlawful for any person to violate, or fail to comply with, any of the requirements of this chapter. If a person has violated, or continues to violate, the provisions of this chapter, the city clerk may petition for a preliminary or permanent injunction restraining the person from activities which would create further violations or compelling the person to perform abatement or remediation of the violation. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the day of , 2014, and approved by the Mayor on the day of , 2014. ATTEST: Suzy Schares, CMC City Clerk Ernest G. Clark, Mayor 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. as passed and adopted by the Council of the City of Waterloo, Iowa, on the day of , 2014. Witness my hand and seal of office this day of , 2014. SEAL Suzy Schares, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: February 10, 2014 Prepared: February 5, 2014 Dept. Head Signature: # of Attachments: 1 SUBJECT: Crime Free Lease Addendum Submitted by: Craig Clark — Buildini Official/Maintenance Administrator Recommended City Council Action: Resolution approving the Crime Free Lease Addendum for Waterloo Housing Ordinance. Summary Statement - See attached schedule Expenditure Required Source of Funds Policy Issue Alternative Background Information: The Crime Lease Addendum is part of the Housing Ordinance that requires the Landlord to have the Crime Lease Addendum in their Lease. The attachment will standardize the form that will be used by all Landlords. CRIME FREE LEASE ADDENDUM This Addendum is part of the Rental Agreement (the "Lease") dated between the undersigned parties with reference to the property located at: In consideration of the execution or renewal of the Lease, the parties agree as follows: 1. Tenant, any members of Tenant's household, or a guest or other person under Tenant's control shall not engage in criminal activity, including drug-related criminal activity, on or near the rental premises. 2. "Criminal activity" means acts of violence or threats of violence, including but not limited to the unlawful discharge of firearms, prostitution, gambling, criminal street gang activity, intimidation, assault, or other criminal activity on or within 250 feet of the rental premises that jeopardizes the health, safety or welfare of the landlord, its agents, tenants or others. "Drug-related criminal activity" means the illegal manufacture, sale, distribution, purchase, use or possession with intent to manufacture, sell, distribute, or use a controlled substance as defined under local, Iowa or federal law, or the possession of drug paraphernalia. 3. Tenant, any member of Tenant's household, or a guest or other person under Tenant's control shall not engage in any act intended to facilitate criminal activity, including drug-related criminal activity, on or near the rental premises. 4. Tenant, any members of Tenant's household, or a guest or other person under Tenant's control, will not permit the rental premises to be used for or to facilitate criminal activity, including drug-related criminal activity, regardless of whether such activity is done by a member of the household or a guest. 5. Tenant or members of the household will not engage in the manufacture, sale or distribution of criminal drugs at any locations, whether on or near the rental premises or otherwise. 6. VIOLATION OF ANY OF THE ABOVE PROVISIONS SHALL BE A MATERIAL VIOLATION OF THE LEASE AND GOOD CAUSE FOR TERMINATION OF TENANCY. A single violation of any of the provisions of this Addendum shall be deemed a material non-compliance with the Lease. However, city code granting housing protection to victims of domestic violence shall have precedence over this Addendum to the extent applicable. Tenants agree that a single violation shall be good cause for termination of the Lease. Unless otherwise provided by law, proof of violation shall not require criminal conviction, but shall be by preponderance of the evidence. 7. In case of conflict between the provisions of this Addendum and any other provisions of the Lease, the provisions of this Addendum shall govern. The provisions of this Addendum are in addition to all other terms of the lease and are not intended to limit or replace other provisions or remedies. MANAGEMENT/LANDLORD TENANT(S) By: Tenant Dated: Tenant Tenant Dated: Tenant(s) acknowledge receipt of this Addendum by signature of this document. CITY OF WATERLOO Council Communication City Council Meeting: February 10, 2014 Prepared: February 5, 2014 Dept. Head Signature: # of Attachments: 1 SUBJECT: Rental Fee schedule Submitted by: Craig Clark — Building Official/Maintenance Administrator Recommended City Council Action: Resolution approving the Fee Schedule for the Waterloo Housing Ordinance. Summary Statement - See attached schedule Expenditure Required Source of Funds Policy Issue Alternative Background Information: The Rental ordinance does not include any fees. I have attached all fees and penalties on one attachment to make it easier for everyone involved. This proposal would include a $25 per unit cost that would help pay for the cost of performing an inspection on a rental property. RENTAL FEE SCHEDULE Rental Registration Permit $25.00 per unit per year Landlord License No Charge Initial Rental Inspection No Charge Reinspection No Charge All sequential reinspections $50.00 each Any inspection requested, but not kept by owner $50.00 each Crime Free Lease Addendum 1st Offense $100.00 2nd Offense $200.00 3rd & sequential offense(s) $500.00 each CITY OF WA'I ERLOO Council Communication City Council Meeting: February 17, 2014 Prepared: February 14, 2014 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING SECTION 6 OF CHAPTER 2, NUISANCES, OF TITLE 4, PUBLIC HEALTH AND SAFETY, AND BY AMENDING SECTIONS 2, 3, 5, 6, 8 AND 10 OF CHAPTER 3, SOLID WASTE COLLECTION AND DISPOSAL, OF TITLE 4, PUBLIC HEALTH AND SAFETY. Submitted by: Mayor Buck Clark Recommended City Council Action: ADOPT AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY AMENDING SECTION 6 OF CHAPTER 2, NUISANCES, OF TITLE 4, PUBLIC HEALTH AND SAFETY, AND BY AMENDING SECTIONS 2, 3, 5, 6, 8 AND 10 OF CHAPTER 3, SOLID WASTE COLLECTION AND DISPOSAL, OF TITLE 4, PUBLIC HEALTH AND SAFETY. Summary Statement: This ordinance will transfer the solid waste division from the Waste Management Department to the Public Works Department. Expenditure Required: Background Information: CITY OF WATERLOO Council Communication City Council Meeting: February 17, 2014 Prepared: February 11, 2014 Dept. Head Signature: PH # of Attachments: 1 SUBJECT: CHANGE ORDER NO. 1 FY2014 DANES COMPLEX LIGHTING Submitted by: Travis Nichols, Leisure Services Facilities/Project Manager Recommended City Council Action: To request the City Council to approve and authorize the Mayor to sign Change Order No. 1 in the amount of One Thousand Eight Hundred and Eighty dollars and 00/100 ($1880.00) for work being done by KW Electric Inc. of Cedar Falls, Iowa for the FY2014 DANES COMPLEX LIGHTING PROJECT. Summary Statement: This added cost is related to additional labor and materials to prevent cave in on pole B1 due to soil conditions. Expenditure Required: Base Bid: 87,987.00 Change Order #1 1,880.00 Total 89,867.00 Source of Funds: $72,000 Black Hawk County Gaming Association Grant and $17,867.00 general obligation bonds. Policy Issue: Alternative: Background Information: BHCGA awarded $72,000 for this project on August, 19, 2013. Contract awarded November 12, 2013. CHANCE ORDER FORM To: City of Waterloo Waterloo, IA 50703 Waterloo, IA 50701 From: K&W Electric, Inc. 1127 Lincoln St. PO Box 967 Cedar Falls, IA 50613 CAP701 Original Contract Sum: Previous Change Orders: Contract Sum: Value of this Change Order: New Contract Sum: $87,987.00 $0.00 $87,987.00 $1,880.00 $89,867.00 Change Order Number: Change Order Date:1 1 2/01/2014 Architect's Project Number: Contract for: Contract Date: 2/11/2014 Our Project Code: 20460 Protect: FY 2014 Danes Complex Lighting Proj DISTRIBUTE TO: [] Owner ❑ Contractor ❑ Other ❑ Architect ❑ Field ❑ Construction Manager The Contract Completion date will change by: The expected completion date will be: // The Contract is Changed as Follows Additional Required for B1 Base Due to Soil Conditions Architect Signature Contractor K&W Electric, Inc. 1127 Lincoln St. Cedar Falls, IA 50613 Signature Brian DeVries Date Date' Software by: PEM Software Systems, Inc. 1-800-803-1315 Copyright 2012. Owner City of Waterloo Waterloo, IA 50703 Signature Date CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL • 715 MULBERRY STREET 50703 Department Waterloo Fire Rescue Today's Date: 2/11/2014 Effective Date: 2/7/2014 Employment Date: 5/16/1989 Job Title/Classification Training Officer/Lieuteanant This is to report that the employment of Roger Carr with the City of Waterloo has been severed by reason of: • Retired Disability Related ❑ No ❑ Yes ❑ Resigned O Termination ❑ Other In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 20.82 $ 33.54 $ 698.30 Vacation -Current 88 $ 33.54 $ 2,951.52 Usable Sick Leave 0 (x) 25% $ - Frozen Sick Leave 0 (x) 60% $ - Personal Hours 53 $ 32.90 $ 1,743.70 Comp Time Pay 0.65 $ 32.90 $ 21.39 Unscheduled Leave $ - Other Pay $ - Total Payment $ 5,414.91 Approved by Human Resources Date r r \ Date -?-6k Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward c.opy of approved form to Department and Human Resources Council Agenda Date: ' yi (f / 7 0 Accruals 0 Status 01-9 Updated 6/28/11 CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL 715 MULBERRY STREET 50703 Department Cultural & Arts Department Today's Date: 2/11/2014 Effective Date: 1/27/2014 Employment Date: 10/18/2005 Job Title/Classification Assistant Facilities Manager This is to report that the employment of Brandon Cannon with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes ❑ Resigned ❑ Termination 2 Other QUIT In accordance with City Policy, it is requested to allow payment which consists of the following: 201 2013 Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 9 $ 12.32 $ 110.88 Vacation -Current 165.62 $ 12.32 $ 2,040.44 Usable Sick Leave 56 $ 12.32 (x) 25% $ 172.48 Frozen Sick Leave 0 (x) 60% $ - Personal Hours 24 $ 12.32 $ 295.68 Comp Time Pay 0.23 $ 12.32 $ 2.83 Unscheduled Leave 0 $ - Other Pay 0 $ - Total Payment $ 2,622.31 Approved by Human Resources -/ //' Date / / I I / I Lf Date 11 A Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: 7 ❑ Accruals ❑Status ❑-9 Updated 6/28/11 WATERLOO PUBLIC LIBRARY—Board of Trustees—January 14, 2014 Submitted by Kim Chapman Members present: Members absent: Others present: Jan Hahn, Warren Wortham, Kathleen Wernimont Ivy Hagedorn, Karol Erdmann Mike Dargan, Sheryl McGovern, Lori Petersen, Kelly Stern, Cheryl Scholl, Nick Rossman, Kim Chapman The regular meeting of the Waterloo Public Library Board of Trustees was called to order by President Jan Hahn at 12:06 p.m. Moved by Wernimont, seconded by Wortham, to approve the agenda as presented. Motion carried. Moved by Wernimont, seconded by Wortham, to approve the December 10, 2013, regular meeting minutes as presented. Motion carried. The financial reports and bills were reviewed; there are no gift bills for payment this month. Moved by Wernimont, seconded by Wortham, to pay the December bills as presented. Motion carried. The statistical/usage report was reviewed. Sheryl noted circulation continues to grow and shows an increase in December 2013 over December 2012. There is a decline in computer usage, but it could be attributed to many people now owning their own devices. The door count is down. Director's Report • City Council Liaison—Sheryl reported newly -elected Waterloo City Councilperson Pat Morrissey has volunteered to be the Library liaison. • Report on poll regarding meeting times—Sheryl reported there were four responses to the poll regarding Board meeting times. There was no one time that was chosen by the majority. The noon hour seems to be the most popular. After discussion, it was agreed Tuesday, Wednesday or Thursday would work for most. Hahn will check his calendar for the best day for him. • Circulation Statistics—Sheryl distributed the FY13 circulation statistics document. Items cataloged as NEW show a high turn -over rate, meaning the number of times an item is checked out. Turn -over rates are useful indicators for weeding. Those collections with a high turn -over rate include NEW Adult Fiction and Nonfiction, Easy Fiction, Youth NEW, Book Club and NEW AV. • Security RFP—Sheryl reported she mailed RFPs (Request for Proposal) for security bids to four companies, including ones in Waterloo and in Dubuque. • Director's Evaluation—Sheryl reported Karol Erdmann and Lynn Blair-Broeker are working on revising the evaluation tool as the shared director job description was rewritten. If you're interested in serving on the committee, please let one of them know. • Miscellaneous—The FY15 budget request was submitted December 2013; there has been no news from the mayor's office since then. The mayor's instructions were to turn in a budget for the same overall amount as FY14. Numbers could be moved amongst the line items, but the overall total amount should remain the same. The personnel budget is figured by the City's Finance Office, and that will show the increase with bargained wages. Sheryl reported Shannon Craig, who visited last month's Board meeting, assaulted two officers in a courtroom and was arrested. There have not been any problems with him at WPL since his Board visit. Informational Reports from Staff • Mike Dargan, Technical Systems—Mike added to Sheryl's comment about the decrease in computer usage at the library, noting he read there will be 40 billion devices owned by the consumer by 2019. He is working on creating a multi -game environment. Regarding the NEW area on first floor, the selectors have been given the task of rearranging collections to make a larger NEW area so that it's easier for browsing and able to hold lots more items. He hopes to see the plan in place by early March with the overall goal to make browsing the NEW items easier for the patron. • Cheryl Scholl, CWA Representative—Cheryl mentioned circulation could be up because of baby boomers retiring and not buying books and checking them out instead. • Nick Rossman, Circulation—the Nooks are circulating now and seem to be popular. The Nooks were purchased by the FOL, and each Nook holds ten books. There is a three-week check-out period, and they can be reserved. • Kelly Stern, Youth Librarian—February 4 is the kick-off event for Bridge to Reading, a new award given to books published for preschoolers. The digital media club, in partnership with UNI, will hold its first meeting tomorrow. The club was created by a UNI professor with UNI students working with two different student age groups. • Lori Petersen, Technical Services—Lori is working on setting up new gift funds in the Millennium system. • Kim Chapman, Business Office—February is Library Lovers Month, and Food for Fines, which was approved by the Board at the December meeting, will be February 8-15. One canned or nonperishable food item will count as $2 towards overdue fines and will be donated to the NE Iowa Food Bank. February is Black History Month with many activities planned including crafts and jewelry making, a special movie presentation, a book discussion and a Civil Rights Exhibit February 15 through March 1 on loan from the Cedar Rapids African/American Museum. After some discussion at last month's meeting regarding the Board of Trustees liaison to the FOL Board, Karol Erdmann emailed the by-laws, which states the liaison is a Board member. Discussion to change that is planned for next month. Referred for Board Action • Beverage Policy Review: Substitute the word "and" for "including" to make less confusing • Teacher Card Policy Review: No recommended changes • Library Card/Registration: Suggested change, add "legal guardian" to fourth paragraph • Serving Wine & Beer: No recommended changes Moved by Wernimont, seconded by Wortham, to accept and approve the suggestions as presented; language to be "parental or legal guardian" for Library Card/Registration in paragraph four. Motion carried. • Suggest policy for weekly payment of invoices: "The Library Board of Trustees authorizes the Library Director to submit invoices for payment prior to approval of a vote attained at the regular meeting of the Board, when the invoice is within the approved confine of the budget. All submitted invoices will then be ratified at the next regularly scheduled Board of Trustees meeting." After discussion, moved by Wernimont, seconded by Wortham, to accept this policy as written. Motion carried. Unfinished Business • Labor/Management did not meet in December, but is continuing with the goal of keeping in mind what was learned at the dignity and respect workshop by encouraging staff appreciation of each other. Staff was encouraged to gung ho co-workers in December with a contest consisting of writing out the gung-ho. Many "entries" were submitted, and one of the gung ho slips was drawn out of a box and a prize was awarded to the person being gung ho'd and the person writing the gung ho. New Business • Nothing. FOL Liaison • There was no December meeting. The Friends will meet January 15. Oral Comments of Board Members, Staff and the Public The next meeting will be held February 11 at noon. Moved by Wernimont, seconded by Wortham to adjourn. Motion carried. The meeting adjourned at 12:49 p.m. Prepared by: Pauline C CITY OF WATERLOO PAYMENT VOUCHER February 10, 2014 Vendor Address City & State Invoice Date 02/05/14 Aspro ************************************* Invoice No. 15 Qty/Unit Total Special Instructions: ubmittea By Amount Description Batch No. Keyed By: Engineering Department Grant/Project Code # Contract 832 Est No.1- iSec $4,702.50 F.Y. 2013 Street Reconstruction Program 0.00 Storm Water Fee Funds 1,698.60 Sewer Funds - Storm Sewer Bond Funds - Change Order # 5 Sport Plex $6,401.10 12/9/13 Date Approved By: 9002 A021714 G/L Distribution 205-07-7500-2165 521-07-5300-2162 520-14-5200-2163 411-07-5300-2162 413-08-5150-1396 F.Y. 2013 STREET RECONSTRUCTION PROGRAM - CONTRACT NO. 832 PAY ESTIMATE NO. 15- PAY PERIOD: DECEMBER 6, 2013 - JANUARY 31, 2014 BID ITEM DESCRIPTION UNIT DIVISION I BASE BID - SECTION I ASPRO UNIT $ ALABAR QTY CHARLES QTY ELEVENTH, W. QTY FOREST QTY HAWTHORNE QTY HILLSIDE QTY LAFAYETTE QTY MAYNARD QTY PARK LANE QTY ROSEBUD QTY UNIV. AVE. FR QTY CAMPBELL ALLEY QTY FAIRVIEW ALLEY QTY TOTAL CITY CONSTRUCT, MAINTAIN, REMOVE TEMPORARY TOTAL $ 2 3 MISC. HMA, 3", 1M S 1/2", 60% CR REMOVE AND REPLACE MISC. 7.5" HMA SY ... $48.50 ...., 0.0 ...,. 0.0 , . , 0.0 ,.,.� 0.0 V.� 0.0 V.0 0.0 0.0 15.9 0.0 0.0 (b.0 0.0 0.0 0.0 20.0 363.8 0.0 0.0 0.0 0.0 95.0 379.7 4 REMOVE SY $101.25 0.0 0.0 0.0 0.0 0.0 0.0 118.1 0.0 0.0 0.0 95.4 0.0 0.0 213.5 5 AND REPLACE MISC. 6" PCC, C-4 SY $80.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 6 REMOVE AND REPLACE MISC. 4" HMA OVER 6" PCC, M-4 SY $130.85 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 7 REMOVE AND REPLACE MISC. 4.5" HMA OVER 6" PCC, C-4 REMOVE SY $135.75 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 8 AND REPLACE MISC. 4.5" HMA OVER 7" PCC, M-4 REMOVE/REPLACE MISC. SEALCOAT W/ 2" HMA SY $135.75 0.0 0.0 0.0 0.0 0.0 0.0 0.0 - 0.0 0.0 0.0 0.0 0.0 0.0 0.0 9 ACC DRIVEWAY APPROACH SY $42.25 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 TON $165.00 0.0 0.0 0.0 0.0 0.0 0.0 30.0 0.0 0.0 0.0 0.0 0.0 0.0 30.0 10 DRIVEWAY APPROACH AND SAN, 6" PCC, C-4 11 DRIVEWAY APPROACH AND SM!, 5" PCC, C-4 SY $44.00 0.0 0.0 0.0 51.4 9.9 0.0 609.0 0.0 28.8 0.0 606.5 0.0 0.0 1,305.6 12 SIDEWALK, 4" PCC, C-4 SY $43.25 0.0 0.0 597.3 266.7 282.6 0.0 68.5 0.0 317.4 188.2 0.0 0.0 0.0 1,720.7 13 PEDESTRIAN SY $42.00 0.0 0.0 68.2 26.1 87.3 0.0 135.9 0.0 329.9 49.4 0.0 10.0 0.0 706.8 14 RAMP, PCC SIDEWALK, 6" PCC, C-4 PEDESTRIAN RAMP DETECTABLE WARNING SURFACE SY $45.40 0.0 0.0 128.8 0.0 46.9 0.0 228.2 0.0 20.0 0.0 0.0 0.0 0.0 423.9 SF $34.00 0.0 0.0 188.0 0.0 88.0 0.0 214.0 0.0 26.0 0.0 0.0 0.0 0.0 516.0 15 MISCELLANEOUS CONCRETE 16 CONCRETE CY $275.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 1.84 0.00 0.00 0.00 1.84 17 PAVEMENT REMOVAL ASPHALT SY $4.25 0.0 0.0 4627.7 1658.0 5149.7 0.0 9857.0 0.0 4.4 2474.1 9508.5 0.0 0.0 33,279.4 18 19 PAVEMENT REMOVAL SIDEWALK SY $4.25 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 6000.8 0.0 0.0 0.0 0.0 6,000.8 AND DRIVEWAY REMOVAL SY $4.25 0.0 0.0 665.6 302.1 348.5 0.0 794.3 0.0 704.2 214.8 604.9 0.0 0.0 3,634.4 SIDEWALK REMOVAL SAW CUT SY $6.00 0.0 0.0 71.3 14.0 55.9 0.0 148.6 0.0 14.8 0.0 2.8 0.0 0.0 307.4 20 21 GEOGRID LF $4.25 0.0 0.0 325.0 50.0 95.0 0.0 246.0 0.0 165.0 27.0 903.5 0.0 0.0 1,811.5 22 23 WOVEN SY $4.50 0.0 0.0 1227.0 0.0 0.0 0.0 0.0 0.0 3901.4 0.0 12399.3 0.0 0.0 17,527.7 GEOTEXTILE MODIFIED SY $4.50 0.0 0.0 3252.8 0.0 0.0 0.0 0.0 0.0 0.0 2616.6 0.0 0.0 0.0 5,869.4 24 SUBBASE RECYLED ASPHALT PAVING TON $22.00 0.00 0.00 3434.78 961.99 3448.21 0.00 5219.31 0.00 2293.70 1908.49 7336.36 0.00 0.00 24602.84 25 ROADSTONE, 3/4" TON $48.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 26 DRAIN TILE, TON $48.00 0.00 0.00 2.57 14.47 10.87 0.00 9.42 0.00 0.00 0.00 8.74 0.00 0.00 46.07 27 6" DRAIN TILE, 4" LF $9.90 0.0 0.0 1180.0 1204.0 1918.0 0.0 3142.0 0.0 2921.0 1764.0 0.0 0.0 0.0 12,129.0 28 DRAIN TILE STUB, 4" LF $8.45 0.0 0.0 306.0 0.0 25.0 0.0 890.0 0.0 133.0 0.0 5217.0 0.0 0.0 6,571.0 29 DRAIN TILE TAP AND COLLAR LF $19.40 0.0 0.0 110.0 95.0 160.0 0.0 135.0 0.0 104.0 135.0 0.0 0.0 0.0 739.0 30 RF -19C, INLET OUTLET DETAIL GUARD) EACH $200.00 0.0 0.0 0.0 0.0 7.0 0.0 1.0 0.0 3.0 2.0 6.0 0.0 0.0 19.0 31 (RODENT CONVERT WATER EACH $105.00 0.0 0.0 4.0 4.0 0.0 0.0 30.0 0.0 15.0 10.0 9.0 0.0 0.0 72.0 32 VALVE MANHOLE TO ROADBOX WATER SERVICE CORPORATION, 3/4" EACH $510.00 0.0 0.0 2.0 1.0 3.0 0.0 4.0 0.0 0.0 1.0 0.0 0.0 0.0 11.0 33 WATER SERVICE CURB STOP, 3/4" EACH $49.00 0.0 0.0 0.0 0.0 0.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 34 WATER SERVICE PAVE BOX, 3/4" EACH $150.00 0.0 0.0 0.0 2.0 1.0 0.0 6.0 0.0 0.0 0.0 0.0 0.0 0.0 9.0 35 COPPER WATER SERVICE, 3/4" EACH $150.00 0.0 0.0 0.0 2.0 1.0 0.0 6.0 0.0 0.0 0.0 0.0 0.0 0.0 9.0 36 WATER SERVICE CORPORATION, 1" LF $21.95 0.0 0.0 0.0 30.0 20.0 0.0 97.0 0.0 0.0 0.0 0.0 0.0 0.0 147.0 37 WATER SERVICE CURB STOP, 1" EACH $52.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 38 WATER SERVICE PAVE BOX, 1" EACH $200.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 39 COPPER WATER SERVICE, 1" EACH $200.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 40 WATER SERVICE KILL LF $23.50 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 41 WATER SERVICE TAP, 3/4" OR 1" EACH $375.00 0.0 0.0 1.0 0.0 0.0 0.0 13.0 0.0 0.0 1.0 0.0 0.0 0.0 15.0 42 LOWER WATER EACH $110.00 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 43 SERVICE, 3/4" OR 1" UNDERGROUND INVESTIGATION EACH $750.00 0.0 0.6 0.0 0.0 0.0 0.0 3.0 0.0 0.0 0.0 0.0 0.0 0.0 3.0 6001 -WATER RENEW WATER SERVICE 627 BALTIMORE EACH $325.00 0.0 0.0 1.0 0.0 12.0 0.0 3.0 0.0 1.0 0.0 0.0 0.0 0.0 17.0 44 - ST. TOPSOIL, 4" LS $4,950.00 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 45 HYDROSEED SY $16.75 0.0 0.0 256.9 143.5 744.5 0.0 949.5 0.0 1303.2 553.8 820.0 0.0 0.0 4,771.4 46 TOPSOIL REMOVAL FROM PARKING, EARTHWORK SY $3.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 6030.2 0.0 0.0 0.0 0.0 6,030.2 47 CONSTRUCTION SURVEY SY $10.40 0.0 0.0 0.0 0.0 0.0 0.0 1426.9 0.0 0.0 0.0 0.0 0.0 0.0 1,426.9 48 TRAFFIC CONTROL LS $58,000.00 0.0000 0.0000 0.0770 0.0410 0.0950 0.0000 0.1830 0.0000 0.1500 0.0680 0.0900 0.0230 0.0180 0.7450 49 DETOUR ROUTE - W. 11th ST. LS $55,000.00 0.0000 0.0000 0.1000 0.0400 0.0500 0.0000 0.1900 0.0000 0.1700 0.0500 0.1500 0.0000 0.0000 0.7500 50 DETOUR ROUTE - LAFAYETTE ST. LS $3,000.00 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 51 DETOUR ROUTE - PARK LANE LS $3,000.00 0.00 0.00 0.00 0.00 0.00 0.00 0.65 0.00 0.00 0.00 0.00 0.00 0.00 0.65 52 PAINTED PAVEMENT MARKING, WATER LS $1,500.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 1.0 53 PAVEMENT BASED MARKING, SYMBOL OR LEGEND STA $50.00 0.000 0.000 0.000 0.000 0.000 0.000 66.825 0.000 0.000 0.000 3.230 0.000 0.000 70.055 53A CLEARING AND GRUBBING EACH $260.00 0.0 0.0 0.0 0.0 0.0 0.0 12.0 0.0 0.0 0.0 1.0 0.0 0.0 13.0 53B ROLLED EROSION CONTROL PRODUCT UNITS $50.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 146.5 0.0 0.0 0.0 0.0 146.5 TOTAL BASE BID - DIVISION I SECTION S.Y. $4.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 67.0 0.0 0.0 0.0 0.0 67.0 I Page- 1 $5,643.00 $18,415.45 $21,616.88 $0.00 $0.00 $0.00 $0.00 $0.00 $4,950.00 $57,446.40 $74,420.28 $29,685.60 $19,245.06 $17,544.00 $506.00 $141,437.45 $25,503.40 $15,446.20 $1,844.40 $7,698.88 $78,874.65 $26,412.30 $541,262.48 $0.00 $2,211.36 $120,077.10 $55,524.95 $14,336.60 $3,800.00 $7,560.00 $5,610.00 $98.00 $1,350.00 $1,350.00 $3,226.65 $0.00 $0.00 $0.00 $0.00 $5,625.00 $110.00 $2,250.00 $5,525.00 $4,950.00 $79,920.95 $18,090.60 $14,839.76 $43,210.00 $41,250.00 $3,000.00 $1,950.00 $1,500.00 $3,502.75 $3,380.00 $7,325.00 $268.00 $1,539,794.14 F.Y. 2013 STREET RECONSTRUCTION PROGRAM - CONTRACT NO. 832 PAY ESTIMATE NO. 15- PAY PERIOD: DECEMBER 6, 2013 - JANUARY 31, 2014 • CAMPBELL FAIRVIEW UNIT ASPRO ALABAR CHARLES ELEVENTH, W. FOREST HAWTHORNE HILLSIDE LAFAYETTE MAYNARD PARK LANE ROSEBUD UNIV. AVE. FR ALLEY ALLEY TOTAL TOTAL DIVISION I BASE BID - SECTION II UNIT $ QTY QTY QTY QTY QTY QTY QTY QTY OTY QTY QTY QTY OW QTY $ 54 STORM SEWER, 2000D, 30" LF $67.05 0.0 0.0 0.0 0.0 0.0 0.0 343.0 0.0 0.0 0.0 0.0 0.0 0.0 343.0 $22,998.15 55 STORM SEWER, 2000D, 24" LF $54.55 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 56 STORM SEWER, 2000D, 21" LF $49.70 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 57 STORM SEWER, 2000D, 18" LF $40.70 0.0 0.0 0.0 118.0 5.0 0.0 515.0 0.0 0.0 36.0 0.0 0.0 0.0 674.0 $27,431.80 58 STORM SEWER, 2000D, 15" LF $36.65 0.0 0.0 0.0 18.0 47.0 0.0 239.5 0.0 22.0 23.0 8.5 0.0 0.0 358.0 $13,120.70 59 STORM SEWER, 2000D, 12" LF $35.15 0.0 0.0 24.0 0.0 142.0 0.0 598.0 0.0 91.5 252.0 14.0 0.0 0.0 1,121.5 $39,420.73 60 STORM SEWER, 2000D, 36" x 23" ARCH LF $86.75 0.0 0.0 0.0 0.0 0.0 0.0 476.0 0.0 0.0 0.0 0.0 0.0 0.0 476.0 $41,293.00 61 STORM SEWER, TRUSS, 8" LF $36.05 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 62 STORM MANHOLE, TYPE A, 48" EACH EACH $3,595.00 $6,500.00 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 4.0 0.0 0.0 0.0 3.0 1.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 9.0 1.0 $32,355.00 $6,500.00 63 STORM MANHOLE, TYPE A, 72" 64 SW -402 RECTANGULAR STORM MANHOLE EACH $4,500.00 0.0 0.0 0.0 0.0 4.0 0.0 4.0 0.0 0.0 0.0 0.0 0.0 0.0 8.0 $36,000.00 65 SW -402 RECTANGULAR STORM MANHOLE, MODIFIED EACH $4,500.00 0.0 0.0 0.0 0.0 0.0 0.0 2.0 0.0 0.0 2.0 0.0 0.0 0.0 4.0 $18,000.00 66 SW -507 SINGLE OPEN -THROAT CURB INTAKE, SMALL BOX EACH $3,575.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 3.0 0.0 0.0 0.0 3.0 $10,725.00 67 SW -509 DOUBLE OPEN -THROAT CURB INTAKE, SMALL BOX EACH $4,500.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 68 SW -512 CIRCULAR AREA INTAKE CASE 1, WITH SW -604 TYPE 9 EACH $1,900.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 3.0 0.0 0.0 0.0 0.0 3.0 $5,700.00 69 RCB, PRECAST, 7'X 3' LF $439.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1395.0 0.0 0.0 0.0 0.0 1,395.0 $612,405.00 70 RCB, PRECAST, 7' X 4' LF $492.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 661.0 0.0 0.0 0.0 0.0 661.0 $325,212.00 71 WING WALL CUT OUT FOR 7'X4' RCB LS $5,000.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 1.0 $5,000.00 72 STORM MANHOLE ACCESS INTO RCB EACH $1,675.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 6.0 0.0 0.0 0.0 0.0 6.0 $10,050.00 73 REMOVE EXISTING STRUCTURE EACH $525.00 0.0 0.0 2.0 3.0 0.0 0.0 7.0 0.0 6.0 7.0 3.0 0.0 0.0 28.0 1 $14,700.00 74 REMOVE STORM SEWER PIPE LESS THAN 36" LF $9.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 75 REMOVE STORM SEWER PIPE, 42" LF $20.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 80.0 0.0 0.0 0.0 0.0 80.0 76 77 TYPE E -1-C INLET EACH $2,200.00 0.0 0.0 0.0 0.0 2.0 0.0 15.0 0.0 0.0 1.0 2.0 0.0 0.0 20.0 $1,600.00 $44,000.00 78 TYPE E -2-C INLET EACH $3,095.00 0.0 0.0 2.0 2.0 0.0 0.0 1.0 0.0 3.0 3.0 3.0 0.0 0.0 14.0 $43,330.00 TYPE E -1-C INLET, USE EXISTING CASTING EACH $1,800.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 79 TYPE E -2-C INLET, USE EXISTING CASTING EACH $2,895.00 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 3.0 0.0 0.0 0.0 0.0 40 $11,580.00 80 REM/REPL INLET BOXOUT, E -1-C EACH $1,006.00 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 3.0 0.0 0.0 4.0 $4,024.00 81 REM/REPL INLET BOXOUT & TOP, MODIFIED E -1-C EACH $2,950.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0, 0.0 0.0 0.0 0.0, $0.00 82 83 REM/REPL INSERT AND TOP, RA -3 EACH $2,450.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 0.0 0.0 2.0 $4,900.00 REM/REPL INSERT AND TOP, K-1 EACH $2,875.00 0.0 0.0 0.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 $5,750.00 84 85 REM/REPL INSERT AND TOP, K-2 EACH $3,225.00 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0, $3,225.00 86 REM/REPL INSERT AND TOP, K-3 EACH $3,600.00 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $3,600.00 87 TAP AND COLLAR STRUCTURE OR PIPE EACH $1,275.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2.0 0.0 0.0 0.0 0.0 2.0 $2,550.00 88 INSULATE EXISTING COPPER WATER SERVICE EACH $200.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 89 SLOPE PROTECTION, PCC, 6" SY $59.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 24.5 0.0 0.0 0.0 0.0 24.5 $1,445.50 2001 STORM WATER PROTECTION FOR STRUCTURES EACH $332.88 0.0 0.0 2.0 4.0 0.0 0.0 24.0 0.0 6.0 3.0 6.0, 0.0 0.0 45.0 $14,979.60 LOWER 6" WATER MAIN EACH $4,838.35 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 1.0 $4,838.35 TOTAL BASE BID - DIVISION I SECTION II $1,366,733.83 BID ITEM DESCRIPTION UNIT ASPRO ALABAR CHARLES ELEVENTH, W. FOREST HAWTHORNE HILLSIDE LAFAYETTE MAYNARD PARK LANE ROSEBUD UNIV. AVE. FR CAMPBELL ALLEY FAIRVIEW ALLEY TOTAL TOTAL DIVISION I BASE BID - SECTION III UNIT $ QTY QTY QTY OW QTY ON QTY QTY QTY QTY OW QTY QTY OW $ 90 91 RECONSTRUCT SANITARY SEWER, 36" LF $165.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 92 RECONSTRUCT SANITARY SEWER, 30" LF $150.00 0.0 0.0 0.0 0.0 0.0 0.0 78.0 0.0 0.0 0.0 0.0 0.0 0.0 78.0 $11,700.00 93 RECONSTRUCT SANITARY SEWER, 15" LF $78.00 0.0 0.0 0.0 0.0 0.0 0.0 50.0 0.0 0.0 0.0 0.0 0.0 0.0 50.0 $3,900.00 RECONSTRUCT SANITARY SEWER, 12" LF $69.00 0.0 0.0 0.0 0.0 710.0 0.0 474.0 0.0 0.0 0.0 0.0 0.0 0.0 1,184.0 $81,696.00 94 95 RECONSTRUCT SANITARY SEWER, 10" LF $65.00 0.0 0.0 0.0 0.0 647.0 0.0 763.5 0.0 0.0 39.0 0.0 0.0 0.0 1,449.5 $94,217.50 RECONSTRUCT SANITARY SEWER, 8" LF $55.00 0.0 0.0 1396.5 459.0 0.0 0.0 580.5 0.0 0.0 784.0 0.0 0.0 0.0 3,220.0 $177,100.00 96 REMOVE AND REPLACE SANITARY SEWER, 8" LF $65.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 29.0 0.0 0.0 0.0 0.0 29.0 $1,885.00 97 98 SANITARY SEWER SERVICE, 6" STANDARD LF $44.50 0.0 0.0 660.5 269.0 929.0 0.0 875.0 0.0 137.0 466.5 0.0 0.0 0.0 3,337.0 $148,496.50 SANITARY MANHOLE, 48" EACH $4,350.00 0.0 0.0 4.0 2.0 3.0 0.0 5.0 0.0 0.0 3.0 0.0 0.0 0.0 17.0 $73,950.00 98A 99 STANDARD SANITARY DROP MANHOLE, 48" STANDARD EACH $4,550.00 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $4,550.00 99A SANITARY DROP MANHOLE, 60" STANDARD EACH $6,300.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 $0.00 SANITARY MANHOLE, 60" EACH $5,825.00 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 100 REMOVE EXISTING STRUCTURE, SANITARY MANHOLE EACH $650.00 0.0 0.0 5.0 2.0 3.0 0.0 9.0 0.0 0.0 3.0 0.0 0.0 0.0 22.0 $5,825.00 $14,300.00 101 TRACE SANITARY SEWER SERVICE EACH $400.00 0.0 0.0 0.0 0.0 4.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 0.0 6.0 $2,400.00 102 DYE TEST INVESTIGATION EACH $175.00 0.0 0.0 1.0 1.0 5.0 0.0 5.0 0.0 2.0 2.0 0.0 0.0 0.0 16.0 $2,800.00 103 UNDERGROUND INVESTIGATION -SANITARY EACH $410.00 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 1001 SANITARY 1002 SANITARY SEWER SERVICE, 8", C-900, W/ COLLAR REMOVAL EACH $2,871.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 1.0 $410.00 $2,871.00 1003 SANITARY SEWER SERVICE, 8", C-900 SLEEVE EACH $176.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 7.0 0.0 0.0 0.0 0.0 7.0 $1,232.00 1004 SEWER SERVICE, 4", SDR 23.5, RELOCATE EACH $1,328.63 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 1.0 $1,328.63 TEMPORARY 3001 SANITARY STORM CONNECTION EACH $701.80 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 $701.80 LOWER TOTAL EXISTING 8" SANITARY SEWER MAIN EACH $2,589.87 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 0.0 0.0 0.0 1.0 $2,589.87 Paae BASE BID - DIVISION I SECTION III - 7 $631,953.30 MAY rrsvvrvim - L,UIV I t J t. I NU. SSL 1 PAY ESTIMATE NO. 15- PAY PERIOD: DECEMBER 6, 2013 - JANUARY 31, 2014 111 CAMPBELL FAIRVIEW UNIT ASPRO ALABAR CHARLES ELEVENTH, W. FOREST HAWTHORNE HILLSIDE LAFAYETTE MAYNARD PARK LANE ROSEBUD UNIV. AVE. FR ALLEY ALLEY TOTAL DIVISION I BASE BID - SECTION IV - STORM SEWER IN ALLEYS UNIT $ QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTy Q7Y QTY QTY 104 SAWING LF $4.25 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 38.6 0.0 38.6 $164.05 105 SIDEWALK AND DRIVEWAY REMOVAL SY $6.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 39.8 0.0 39.8 $238.80 106 REMOVE AND REPLACE MISC. 3" HMA OVER 6" PCC, M-4 SY $125.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 21.3 0.0 21.3 $2,662.50 107 ALLEY OR DRIVEWAY APPROACH AND S/W, 6" PCC, C-4 SY $90.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 35.0 0.0 35.0 $3,150.00 108 STORM MANHOLE, TYPE A, 48" EACH $3,595.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 0.0 1.0 $3,595.00 109 SW -511 RECTANGULAR AREA INTAKE EACH $2,500.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 1.0 1.0 2.0 $5,000.00 110 STORM SEWER, 2000D, 12" LF $35.95 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 183.0 128.0 311.0 $11,180.45 111 EXCAVATION/GRADING SY $8.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 137.6 130.0 267.6 $2,140.80 112 RECYLED ASPHALT PAVING TON $48.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 39.66 7.77 47.43 $2,276.64 113 TRAFFIC CONTROL LS $1,500.00 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 0.5 1.0 $1,500.00 TOTAL BASE BID - DIVISION I SECTION IV $31,908.24 TOTAL BASE BID $3,570,389.50 CAMPBELL FAIRVIEW BID ITEM DESCRIPTION UNIT ASPRO ALABAR CHARLES ELEVENTH, W. FOREST HAWTHORNE HILLSIDE LAFAYETTE MAYNARD PARK LANE ROSEBUD UNIV. AVE. FR ALLEY ALLEY TOTAL TOTAL ALTERNATE A UNIT $ QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY QTY $ 1A 2", HMA 1M S 1/2", 60% CR SY $10.70 0.0 0.0 0.0 1392.7 4532.0 0.0 0.0 0.0 0.0 2065.3 0.0 0.0 0.0 7,990.0 $85,493.00 2A 2 1/2", HMA 1M 13/4", 60% CR SY $11.50 0.0 0.0 0.0 1392.7 4532.0 0.0 0.0 0.0 0.0 2065.3 0.0 0.0 0.0 7,990.0 $91,885.00 3A 3", HMA 1M B 3/4", 60% CR SY $13.55 0.0 0.0 0.0 1397.2 4532.0 0.0 0.0 0.0 0.0 2065.3 0.0 0.0 0.0 7,994.5 $108,325.48 4A 2", HMA 3M S 1/2", 75% CR SY $10.75 0.0 0.0 3906.0 0.0 0.0 0.0 8946.4 0.0 5011.9 0.0 8348.2 0.0 0.0 26,212.5 $281,784.38 5A 4", HMA 3M 13/4", 75% CR SY $18.95 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 5701.9 0.0 8348.2 0.0 0.0 14,050.1 $266,249.40 6A 5 1/2", HMA 3M I 3/4", 75% CR SY $25.85 0.0 0.0 3906.0 0.0 0.0 0.0 8946.4 0.0 0.0 0.0 0.0 0.0 0.0 12,852.4 $332,234.54 7A 3", HMA 3M B 3/4", 75% CR SY $13.60 0.0 0.0 3906.0 0.0 0.0 0.0 8946.4 0.0 5701.9 0.0 8348.2 0.0 0.0 26,902.5 $365,874.00 8A CURB AND GUTTER, PCC, C-4, 24" WIDE, 7 1/2" THICK LF $12.75 0.0 0.0 0.0 1177.0 2721.0 0.0 0.0 0.0 0.0 1778.0 0.0 0.0 0.0 5,676.0 $72,369.00 9A CURB AND GUTTER, PCC, C-4, 24" WIDE, 9" THICK LF $14.25 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 2351.0 0.0 4480.5 0.0 0.0 6,831.5 $97,348.88 10A CURB AND GUTTER, PCC, C-4, 24" WIDE, 10.5" THICK LF $15.50 0.0 0.0 2813.0 0.0 0.0 0.0 4286.0 0.0 0.0 0.0 0.0 0.0 0.0 7,099.0 $110,034.50 11A COLD WEATHER CONCRETE PROTECTION SY $3.60 0.0 0.0 484.7 605.8 317.2 0.0 333.3 0.0 401.2 0.0 0.0 66.3 0.0 2,208.5 $7,950.60 12A LINSEED OIL TREATMENT SY $4.00 0.0 0.0 273.8 261.6 185.8 0.0 70.2 0.0 475.3 0.0 0.0 0.0 0.0 1,266.7 $5,066.80 13A PAVEMENT SAMPLES AND TESTING LS $3,500.00 0.00 0.00 0.10 0.04 0.05 0.00 0.16 0.00 0.20 0.05 0.15 0.00 0.00 0.75 $2,625.00 14A EXCAVATION CY $10.50 0.0 0.0 1034.0 855.5 1260.1 0.0 2857.5 0.0 2788.5 937.1 3149.8 0.0 0.0 12,882.5 $135,266.25 TOTAL ALTERNATE A $1,962,506.81 DIVISION II- WATER MAIN ASPRO QTY QTY TOTAL ITEM DESCRIPTION UNIT UNIT $ THIS EST PREVIOUS QTY TO DATE TOTAL COST 1 AWWA Standard C909 PVC, 6 inch dia L.F. $42.50 0.0 0.0 0.0 $0.00 2 Ductile iron water main, 6 -inch dia., Class 52 L.F. $52.50 0.0 550.0 550.0 $28,875.00 I 3 Ductile iron water main removal L.F. $11.00 0.0 140.0 140.0 $1,540.00 4 Tapping sleeve, valve and box, 6 on 6 inch dia. EACH $3,695.00 0.0 1.0 1.0 $3,695.00 5 Tapping sleeve, valve and box, 12 on 6 inch dia. EACH $3,895.00 0.0 1.0 1.0 $3,895.00 6 7 Gate valve and box, 6 -inch dia. EACH $1,555.00 0.0 0.0 0.0 $0.00 Gate valve and box, 4 -inch dia. EACH $1,370.00 0.0 0.0 0.0 $0.00 8 Cross, 6 inch x 6 inch dia. EACH $500.00 0.0 0.0 0.0 $0.00 9 Tee, 6 -inch X 6 -inch dia. EACH $360.00 0.0 0.0 0.0 $0.00 10 11 Bend, 6 -inch dia., any degree EACH $230.00 0.0 8.0 8.0 $1,840.00 Sleeve, 6 -inch dia. EACH $250.00 0.0 2.0 2.0 $500.00 12 Reducer, 8 inch x 4 inch dia EACH $300.00 0.0 0.0 0.0 $0.00 13 Megalugs, 6 -inch dia. EACH $130.00 0.0 13.0 13.0 $1,690.00 14 15 Cap or Plug, 6 -inch dia. EACH $180.00 0.0 0.0 0.0 $0.00 Install and remove plug with 2 inch corp. for flushing EACH $575.00 0.0 0.0 0.0 $0.00 16 Concrete blocking EACH $355.00 0.0 5.0 5.0 $1,775.00 17 Hydrant removal EACH $700.00 0.0 0.0 0.0 $0.00 18 Hydrant assembly EACH $4,795.00 0.0 1.0 1.0 $4,795.00 19 Temporary PVC water main L.F. $20.65 0.0 0.0 0.0 $0.00 20 Removal of temporary PVC surface water main EACH $1,545.00 0.0 0.0 0.0 $0.00 connections to ductile iron water main 21 3/4" Short side water service EACH $1,150.00 0.0 2.0 2.0 $2,300.00 22 3/4" 23 Long side water service EACH $1,750.00 0.0 0.0 0.0 $0.00 1" 24 Short side water service EACH $1,500.00 0.0 0.0 0.0 $0.00 1" Long side water service EACH $2,250.00 0.0 0.0 0.0 $0.00 25 1 1/2" Short side water service EACH $2,000.00 0.0 0.0 0.0 $0.00 26 Traffic control-Ansborough at Univ Av. Fr. Rd. LS $2,500.00 0.0 1.0 1.0 $2,500.00 27 Pavement 28 Traffic Rem. And Repl: Ansborough at Univ. Av. Fr. Rd. SY $100.00 0.0 79.0 79.0 $7,900.00 TOTAL DIVISION II $61,305.00 control -Wisner and W. 6th LS $1,000.00 0.0 0.0 0.0 $0.00 LESS 5% RETAINAGE $3,065.25 29 Pavement 30 Rem. And Re.1: Wisner and W. 6th SY $100.00 0.0 0.0 0.0 $0.00 SUBTOTAL $58,239.75 Hydroseed- 31 Wisner, W. 6th, Loretta and Easley SY $3.00 0.0 0.0 0.0 $0.00 LESS AMOUNT PREVIOUSLY PAID $58,239.75 FtsQ0c1.51Asphalt Paving TON $48.00 0.0 0.0 0.0 $0.00 AMOUNT DUE THIS ESTIMATE $0.00 TOTAL DIVISION II $61,305.00 F.Y. 2013 STREET RECONSTRUCTION PROGRAM — CONTRACT NO. 832 PAY ESTIMATE NO. 15- PAY PERIOD: DECEMBER 6, 2013 - JANUARY 31, 2014 DIVISION I TOTAL BASE BID SECTIONS I AND 1I + ALTERNATE A DIVISION II (WATER MAIN) $4,869,034.77 $61,305.00 $4 930,339.77 DIVISION I TOTAL BASE BID SECTIONS I AND 11 + ALTERNATE A + DIVISION II LESS BID ITEMS 69-72 (STORM WATER FEE UP TO $500,000.00) SUBTOTAL LE% $500,000.00 SS 5 RETAINAGE ON BASE BID SECTIONS I AND II + ALTERNATE A $4,430,339.77 $221,516.99 SUBTOTAL ESS AMOUNT PREVIOUSLY PAID $4,208,822.78 UNT DUE THIS ESTIMATE FROM LOCAL OPTION FUNDS $4,204,120.28 $4,702.50 $500,000.00 $25 000.00 $475,000.00 DIVISION I SECTION II BID ITEMS 69-72 (STORM WATER FEE UP TO $500,000) LESS 5% RETAINAGE ON BID ITEMS 69-72 (UP TO $25,000.00) UBTOTAL (UP TO $475,000.00) ILESS AMOUNT PREVIOUSLY PAID OUNT DUE THIS ESTIMATE FROM STORM WATER FEE FUNDS $475,000.00 $0.00 DIVISION I SECTION III LESS 5% RETAINAGE $$31,953.30 SUBTOTAL SS $31,597.67 AMOUNT PREVIOUSLY PAID $600,355.64 $598,657.04 AMOUNT DUE THIS ESTIMATE FROM SEWER FUNDS $1,698.60 DIVISION I SECTION IV LESS 5% RETAINAGE $$1,908.24 I SUBTOTAL LESS $1,595.41 AMOUNT PREVIOUSLY PAID U T DUE $30,312.83 THIS ESTIMATE FROM STORM SEWER BOND FUNDS $30,312.83 ASPRO SPRO $0.00 5001 CHANGE ORDER NO.5 - SPORTS PLEX UNIT CONCRETE UNIT $ QTY COST 5002 PAVING REMOVAL SY SIDEWALK $4.25 1268.40 $5,390.70 5003 REMOVAL SY $4.25 66.40 $282.20 5004 SAW CUT REMOVE LF $4.25 90.00 $382.50 EXISTING STRUCTURE EACH $528.00 2.0 $1 056.00 -� TOTAL CHANGE ORDER NO.5 AMOUNT DUE THIS $7 111.40 ESTIMATE FROM BOND FUNDS (NO RETAINAGE) $0.00 ree�7 ) - . f3 f G-1 w. BEr`F3 .., APPROV _ .o* / .. /r -.r M: :' SPR • VC. •S BS ITARI DATE /ice` i ✓j' APPR•. .I , BY: CITY OF • ERLO.f•WA D• E I Page -4 Voucher Prepared by Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A021714 February 10, 2014 Vendor Name AECOM Address City & State ************************************* Department Engineering Grant/Project Code # 07BIPRWCE Invoice Date Invoice No. Qty/Unit Amount Description G.L. Distribution 1/30/2014 37413355 FINAL Special Instructions $873.69 Contract 786 Est. # 13 Riverwalk Loop North Downtown Trail Mullan to Park Ave CRS 4/6/13 thru 1/24/14 FINAL TOTAL 873.69 )/,{ 2/10/14 Submitted By Date Approved By An Equal Opportunity/Affirmative Action Employer 424-07-7505-2103 Date 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 COM Invoice To: Mr. Eric Thorson City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Invoice 4' Date: January 30, 2014 Project Number: 60212384.10-15 Invoice No: 37413355 Your Authorization: Supplemental Agreement No. 12 Dated March 14, 2011 Supplemental Agreement No. 16 Dated May 7, 2012 Riverwalk Loop Trail from Mullan to Park Avenue (north Downtown Trail) Construction -Review Services Final Billing: April 6, 2013 through January 24, 2014 Classification Hours Amount Senior Professional 21.50 Project Professional 171.00 Staff Professional 8.00 CAD/GIS Operator 5.00 Senior Technician 494.00 Technician 723.00 Project Support 51.50 Direct Expenses Total Costs to Date Less Previous Billing TOTAL AMOUNT DUE $4,208.64 $24,655.81 $730.81 $276.60 $49,933.62 $46,606.49 $3,706.06 4,117.06 $134,235.09 133,361.40 $873.69 oK c-; f /lat7 Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 An Equal Opportunity/Affirmative Action Employer 0 (D D 'D O (D Q w 0 H r \0 N C o O N --.A (D -P. (5 (D l) (D N (D m 0 O r= -f O C 2 W W z (D (D 0 0 O Q E01. -039L-LO-06Z atec ao!onul c D 3 O C 0 CD 0) C) O uoi}nqutsi4 .�.E * D m 0 0 G) 0 n n) It b60Z06 tienigad NDH0f1OA 1N VIAVd O aullned /q paJedaad Jauonon OO1H 1VM JO Allo 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 ACOM Date: January 30, 2014 Invoice No. 11 (37413332) Invoice Period Covered: 01/04/14 through 01/24/14 Consultant Job No. 60288257 Labor Dollars Overhead Direct Expenses Mileage Copier Miscellaneous Ritland+Kuiper Landscape Architects Robinson Engineering Co. Subtotal Subtotal Rounded Fixed Fee Authorized Contingency Total Authorized Amount Total Billed to Date Remaining Authorized Balance Unauthorized Contingency AECOM -41'2/ i/ Contract Estimate $30,962.40 49,539.84 0.00 114.00 260.00 9,800.00 10,400.00 $101,076.24 $101,075.00 10,850.00 0.00 $ 111,925.00 74,373.50 $37,551.50 $8,800.00 Invoice City of Waterloo US Highway 63 Improvements Newell Street to Donald Street On -Call Post Design Services Client Contact Eric A. Thorson, P.E. Federal Project No. NHSX-63-6(69) -3H-07 Cumulative to Date Current Period $22,166.54 $513.75 34,136.50 791.17 25.99 0.00 205.10 0.00 12.50 0.00 5,132.50 0.00 5,375.00 0.00 $67,054.13 $1,304.92 7,319.37 $74,373.50 169.64 CI � l EidGti�::1 Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 Check Payment to: AECOM Technical Services, Inc. An AECOM Company 1178 Paysphere Circle Chicago, IL 60674 Federal Tax ID No. 95-2661922 ATTN : ERIC THORSON CITY OF WATERLOO 715 MULBERRY STREET WATERLOO, IA 50703 ACH Payment to: AECOM Technical Services, Inc. An AECOM Company Bank of America Account Number 5800937020 ABA Number 071000039 Wire Transfer Payment to: AECOM Technical Services, Inc. An AECOM Company Bank of America New York, NY 10001 Account Number 5800937020 ABA Number 026009593 SWIFT CODE BOFAUS3N AXOM 501 Sycamore Street, Suite 222, Waterloo, IA 50703 Tel: 319-232-6531 Fax: 319-232-0271 Invoice Date: 30 -JAN -14 Invoice Number: 37413332 Agreement Number: TRN93122ET.1437946 Agreement Description: WAT-HWY 63 INITIAL DESIGN Payment Term: 30 DAYS Please reference Invoice Number and Project Number with Remittance Project Number : 60288257 Bill Through Date : 04 -JAN -14 - 24 -JAN -14 Project Name : WAT-US 63 CRS On -Call Newell to Donald Labor Multiplier Employee Name/Title Title/Expenditure Bernhardt, Mary E Project Support Lentz, Robert L Senior Professional Schindel, Douglas W Senior Professional Wiele, Larry E Project Professional Total Labor Multiplier OverHead Markup Labor CPFF Total Lump Sum Description Fixed Fee Labor Total Lump Sum Project Total : WAT-US 63 CRS On -Call Newell to Donald Date Hours Rate Raw Cost 10 -JAN -14 1.00 26.65 26.65 17 -JAN -14 2.00 85.56 171.12 17 -JAN -14 3.50 74.80 261.80 10 -JAN -14 1.00 54.18 54.18 7.50 513.75 Billed Amt 513.75 791.17 1,304.92 Billed Amt 169.64 169.64 1,474.56 Invoice Summaries Total Current Amount : Retention Amount : Pre -Tax Amount : Tax Amount : Total Invoice Amount : 1,474.56 0.00 1,474.56 0.00 1,474.56 Billing Summaries Billing Summary Billings Current 1,474.56 Billing Total : 1,474.56 Prior Total 72,898.94 74,373.50 72,898.94 74,373.50 Limit 111,925.00 Remain 37,551.50 Payment voucher prepared by: Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A021714 February 10, 2014 Vendor Name AECOM Address City & State Invoice Date Invoice No. 1/30/14 19(37413348) Special Instructions: Submitted B 2 Qty/Unit Department: Engineering Grant/Project Code # 07Spr(714) Amount Description G/L Distribution $1,953.83 Donald St. Imp. Est # 19 Hwy 63 to 290-07-7500-2103 $488.46 Mildred 1/4/14 thru 1/24/14 205-07-7520-2103 Total $ 2,442.29 2/10/14 Date Approved By: An Equal Opportunity/Affirmative Action Employer 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 or Fax: (319) 232-0271 ACOM Cost Plus Fixed Fee Progressive Invoice Date: January 30, 2014 Invoice No. 19 (37413348) Invoice Period: 01/04/14 through 01/24/14 Consultant Job No. 60269847 City of Waterloo, Iowa Donald Street Improvements U.S. Highway 63 to Mildred Street, Construction Phase Project No. STP -U-8155(714)--70-07 . Invoice C\ 11 ENGINEERS \ TERLOO, lA Contract Cumulative Current Estimate To Date Period Labor Dollars $ 69,454.50 $ 68,424.46 $ 852.93 Overhead 110,640.22 106,687.21 1,308.39 Direct Expenses Mileage 1,812.50 1,364.61 Copies 198.00 20.07 Survey Equipment 750.00 525.00 Misc. 400.00 4,444.97 Subtotal Subtotal Rounded Fixed Fee Authorized Contingency Total Authorized Amount Total Billed to Date Remaining Authorized Balance Unauthorized Contingency $ 183,255.22 $ 181,466.32 $ 2,161.32 183,260.00 23,380.00 7,000.00 $ 213,640.00 203,682.07 $ 9,957.93 22,215.75 203,682.07 280.97 Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 2.442.29 ATTN : ERIC THORSON CITY OF WATERLOO 715 MULBERRY STREET WATERLOO, IA 50703 Invoice Date: 30 -JAN -14 Invoice Number: 37413348 Agreement Number: TRN60186260 Agreement Description: STP -U-8155(714)--70-07 Payment Term: 30 DAYS Please reference Invoice Number and Project Number with Remittance Project Number : 60269847 Project Name : WAT-Donald St Construction Phase Engineering Bill Through Date : 04 -JAN -14 - 24 -JAN -14 Labor Multiplier Employee Name/Title Title/Expenditure Date Hours Rate Raw Cost Bernhardt, Mary E Project Support 10 -JAN -14 1.00 26.65 26.65 Lund, Theresa F Senior Technician 10 -JAN -14 6.00 31.78 190.68 Lund, Theresa F Senior Technician 17 -JAN -14 20.00 31.78 635.60 Billed Amt Total Labor Multiplier 27.00 852.93 852.93 OverHead Markup 1,308.39 Labor CPFF Total 2,161.32 Lump Sum Description Billed Amt Fixed Fee Labor 280.97 Total Lump Sum 280.97 Project Total : WAT-Donald St Construction Phase Engineering 2,442.29 Invoice Summaries Total Current Amount : Retention Amount : Pre -Tax Amount : Tax Amount : Total Invoice Amount : 2,442.29 0.00 2,442.29 0.00 2,442.29 !/ Voucher Prepared by Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A021714 February 10, 2014 Vendor No. Batch NO. Keyed by: Department: Engineering Vendor Name Story Construction Grant/Project Code # Address 300 South Street Engineering City & State Ames, IA 50010 Invoice- Date ************************************* Invoice No. Qty/Unit Amount Description GL Distribution Waterloo Stormwater Lift Stations Contract # 831 2/5/14 Est # 8 $152,635.53 Westfield, Vinton, Virden Creek Period to: 1/31/14 Est No.# 8 SpeerInstruct .ns e Submitted By 100% Reimburseable Gary Iverson @ INRCOG is requesting Reimbursement TOTAL 152,635.53 2/10/14 Date An Equal Opportunity/Affirmative Action Employer 290-07-5300-2171 Approved By 2ATA Document G702T" - 1992 Application and Certificate for Payment 1,142dc-lcil 462.7 1/1,11-101.." (3,.3 0/0 Q2C TO OWNER; City of Waterloo 715 Mulberry Street Waterloo, IA 50703 FROM Story Construction Co. CONTRACTOR: 300 South Bell Avenue Ames, IA 50010 PROJECT: VIA ARCHITECT: Waterloo Storm Water Lift Station Waterloo, Iowa Stanley Consultants 225 Iowa Avenue Muscatine, IA 52761 APPLICATION NO: 008 PERIOD TO: January 31, 2014 CONTRACT FOR: General Construction CONTRACT DATE: PROJECT NOS: / 3617 / Distribution to: OWNER: ARCHITECT: CONTRACTOR: FIELD: OTHER: CONTRACTOR'S APPLICATION FOR PAYMENT Application is made for payment, as shown below, in connection with the Contract. Continuation Sheet, AIA Document 0703, is attached. 1. ORIGINAL CONTRACT SUM .... ......... .. . . ... . ... . . . . .. $ 3,115,000 00 2. NET CHANGE BY CHANGE ORDERS . . ... .. ... .... ....... . $ 80,519.32 3. CONTRACT SUM TO DATE (Line I 2) 4. TOTAL COMPLETED & STORED TO DATE (Column 0 on 0703) 5. RETAINAGE: a. 5 % of Completed Work (Column D +E on 0703) 116,382.55 b. 5 % of Stored Material (Column F on 0703) S 25,594.65 Total Retainage (Lines 5a+ Sb or Total in Column I of 0703) $ 141,977.20 The undersigned Contractor certifies that to the best of the Contractor's knowledge, information and belief the Work covered by this Application for Payment has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Certiticat • r Payment were issued and payments received from the Owner, and that current portion sho herein is nos r due. CONTR $ 3,195,519.32 By: $ 2,839,543.90 State of:1 6. TOTAL EARNED LESS RETAINAGE... ....... ... ....... ..........—„,..-- . ... $ (Line 4 Less LineS. Total) 7. LESS PREVIOUS CERTIFICATES FOR PAYMENT (Line 6 from prior Certificate) 8. CURRENT PAYMENT DUE 9. BALANCE TO FINISH, INCLUDING RETAINAGE (Line 3 less Line 6) 2,697,566.71 2,544,931.17 152,635.53 497,952.62 County o Star Subscribed and sworn to bef me this .V day o Notary Publi .(die C My Commissio expires: Date: STEVE (C TENNEY Commission Number 152172 My ConinVsslon Exgres 1-6-/ze ARCHITECT'S CERTIFICATE FOR PAYMENT In accordance with the Contract Documents, based on onsite observations and the data comprising this application, the Architect certifies to the Owner that to the best of the Architect's knowledge, information and belief the Work has progressed as indicated, the quality of the Work is in accordance with the Contract Documents, and the Contractor is entitled to payment of the AMOUNT CERTIFIED. •/AMOUNT CERTIFIED ..... . ............--............. ....................... ........ $ 152,635.53 (Attach explanation Or amount certified differs from the amount applied Initial allfigures on this Application and on the Continuatio She ' rpt are changed to conform with the amount certified) CHANGE ORDER SUMMARY ADDITIONS DEDUCTIONS Total changes approved in previous months by Owner $ 78,396.32 $ 8,095.00 Total approved this Month 5 10,218.00 $ 0.00 TOTALS $ 88,614.32 $ 8,095.00 NET CHANGES by Change Order 5 80,519.32 ARCHITECT: By: Date:. 7 Feb 2014 This Certificate is not negotiable. The AMOUNT CERTIFIED is payable only to the Contractor named herein. Issuance, payment and acceptance of payment are without prejudice to any rights of the Owner or Contractor under thjs Contract. AIA Document G7027M — 1992. Copyright 1953, 1963, 1965, 1971, 1978, 1983 and 1992 by The American Institute of Architects. All rights reserved. WARNING: This AIM Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction Or distribution of this AIM Document or eny portion of It, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 15:34 06 on 02/04/2014 under Order No 9495796781_i which expires on 01/3112015, and Is not for resale. User Notes: (1450666096) Vouchers Prepared Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A021714 February 10, 2014 Vendor Ricklefs Excavating Ltd. Address 12536 Buffalo Rd. City & State Anamosa, IA 52205 Invoice Date ************************************* Invoice # Qty/Unit 2/6/14 14163 Special Instructions: Submitted 2 2/10/2014 Vendor No. Department: Engineering Grant/Project Code# Batch No. Keyed By Amount Description G/L Distribution G/L Distribution 64,775.89 Est # 1 Contract No. 816 2014 Orange School San Sew Ext. From 12/19/13 to 2/4/14 Total $ 64,775.89 Date An Equal Opportunity/Affirmative Action Employer 609-14-5320-2163 F.Y. 2014 Orange School Sanitary Sewer Extension Contract 816 Waterloo, Iowa Letting Date: December 2, 2013 Contract Date: December 19, 2013 Contract Completion Date: February 4, 2014 PAYMENT REQUEST NO. 1 Construction Period: 12-19.13 thru 02.0514 TO: Jamie Knutson City of Waterloo 715 Mulberry St. Waterloo, IA 50703 Contractor: RIckiefs Excavating Ltd. 12536 Buffalo Rd. Anamosa, IA 52205 1.Odginal Contract Sum PAGE 1 OF 2 DATE: 0210612014 $273,405.00 2. Net Change by Change or Extra Work Order $0.00 (7000 & 8000 Items, Net Contract Adjustment) 3. Contract Sum To Date = $273,405.00 (Line 1. + 2.) 4. Total Completed To Date Page 3 $68,185.15 5. Total To Date Retained - (5%) Page 3 - $3,409.26 6. Total To Date Earned Less Retalnage Page 3 = $64,775.89 7. Less Previous Payment Requests - $0.00 1. Contract Items 2. Retainage Release *8. Payment Due This Request Page 3 $64,775.89 1. Contract Items 2. Retainage Release 9. % of Contract Dollars Completed To Date 4 24.94% $0.00 $0.00 $64,775.89 $0.00 ttecommended I -or Approval: APPROVED ACCEPT BY: WI . CI DATE : —0 7 _c:A WY" en, Wayne Claassen Engineering and Surveying, Inc. Li/'rlJemb Jami Knuts n RICKLEFS EXCAVATING LTD. DATE: DATE: 0=2-0'7—/7 EXCEPTIONS TAKEN: DATE: F.Y.2014 Oran go School Sanitary Sewer Eoonsion Contract 816 Watorloo, Iowa Letting Date: December 2, 2013 Contract Onto: Decambor 19, 2013 Contract Completion Date: February4, 2014 PAYMENT REQUEST NO.1 Construction Period: 12-19-13 thru 02-05-14 Item Item I Contract I Authothed I I + No. DESCRIPTION Sbr 1 Quantity f or- I 'Non -Par I TOMITo pato pvviousyAuowotl _ ty 1 Quantity J UNt I Unit I 100% 1 TTD 1 Quantity $Amount Quantity1 AOo+nedTandtcrlod S Amount j Quandry 5 Amount 101 ADJUST EXISTING MANHOLETOP I 1 I 1.00 I EACH I $300.00 1 90.00% 1 0.00 1 0.50 5270.00 0.00 $0.00 1 0.90 S270.00 102 SANITARY SEWER MANHOLE. I 16 I 16.00 I EACH I $2,900.00 I 31.58% 1 0.00 ( 5.10 514,79020 0.00 $0.00 I 5.10 514,790.00 STANDARD WATER -TIGHT 48 -IN DIA TO: Jamin Knutson City of Watcrioo 715 Mulborry SL WaterIo0, IA 50703 Contractor. RickiefE Excavating Ltd. 12536 Buffalo Rd. Anamosa,1A 52205 PAGE 2 OF 2 DATE: 02!062014 103 TAP AND COLLAR SCSI -INS SANITARYSEWER MANHOLE 1 ( 1.00 I EACH 1 5700.00 1 100.00% ( 0.00 I 1.110 S700.00 0.00 50.00 I 1.00 $700.00 104 SANITARYSEWER, 8 -IN DIA, PVC 1.155 1 1155.00 TRUSS PIPE 105 SANITARYSEWER, 10 -IN ON., PVC 331 I 331.00 TRUSS PIPE 106 SANITARYSEWER, 15 -IN DIA.. PVC 2,379 J 2379.00 TRUSS PIPE 107 SANITARY SEWER, 18 -IN DIA, PVC TRUSS PIPE 106 WELDED STEEL CASED CROSSING, HWY21, COMPLETE LF f $21.00 LF I $24.00 LF I $34.00 1 5.52% I 0.00 I 63.75 $1,335.75 0.00 50.00 I 63.7$ $1,338.75 0.00% J 0.00 1 0.00 50.00 0.00 50.00 I 0.00 $0.00 1445% I 0.00 ( 336.60 511,444.40 0.00 00.00 I 336.60 511,444.40 1,038 1 1036,00 LF J $40.00 J 85.00% I 0.00 I 1 I 1.00 109 HAMMOND AVE CROSSING, 1 I COMPLETE LS I $50,000.00 1.00 I LS I 55,000.00 0.00% I 0.00 I 70.00% I 0.00 1 88220 $3'i20500 0.00 50.00 I 882.30 $35,292.00 0.00 50.00 0.00 $0.00 I 0.00 $0.00 0.70 53,500.00 0.00 $0.00 I 0.70 53,500.00 201 TRAFFIC CONTROL 1 j 1.00 J LS I 51,500.00 1 25.00% I 0.00 1 025 5375.00 0.00 $0.00 I 0.25 $375.00 202 MAINTENANCE BOND, 2 -YEAR 1 1 1.00 1 LS 1 $3,000.00 I 0.00% I 0.00 I 0.00 $0.00 0.00 50.00 I 0.00 00.00 203 EROSION CONTROL SILT FENCE 4,500 I 4500.00 f LF j $150 I 0_00% I 0.00 I 0.00 $0.00 0.00 50.00 I 0.00 $0.00 204 SEED, FERTILIZE AND MULCH (TOOT 6.5 1 6.50 I ACRES f $700.00 I 0.00% 1 0.00 I 0.00 $0.09 0.00 $0.00 I 0.00 $0,00 RURAL MIX) 205 CONSTRUCTION ACCESS, HAMMOND AVE, ONE EACH 1 I 1.00 I LS I 8200.00 I 0.00% ( 0.00 I 0.00 $0.00 0.00 50.00 1 D.00 $0.00 205 CONSTRUCTION ACCESS. HWY21, 1 I 1.00 I LS I $300.00 I 0.00% 1 0.00 1 0.00 50.00 0.00 50.00 I 0.00 50.00 TWO EACH Al FOUNDATION MATERIAL A2 REPLACE EXISTING FIELD DRAIN TILE CROSSING. 3"TO 6' OLe. AS REPLACE EXISTING FIELD DRAIN TILE CROSSING, 10"TO 15" DIA. 1 1 1.00 I TONS 1 $23.00 1 0.00% I 0.00 1 0.00 50.00 0.00 $0.00 I 0.00 50.00 1 f 1.00 I EACH I $425.00 I 0.00% I 0.00 1 0.00 50.00 0.00 $0.00 1 0.00 50.00 1 I 1.00 J EACH I $475.00 1 100.00% 1 0.00 -- DENOTES CONTRACT ITEM QUANTTTYADJUSTMENT ay WORK CHANGE ORDER. "F" andror'FF" in ITEM STATUS column donotes "FINAL" atom quantity. 1.00 5475.00 0.00 $0.00 ) 1.00 5475_00 SUBTOTAL -THIS SHEET'$88,185.15 PREVIOUSLY _ $0.00 THIS PERIOD_ $68,185.15 LESS RETAINAGE $3,409.20 Prev. Retained--- EARNED etained._.,,EARNED LESS RETAINAGF $64,775.89 (Lino No_ 6, Pogo 1 of 7) LESS PREVIOUS PAYMENTS_.._.--__....._- 50_00 (Uno NO.7, Pogo 1 of 7) PAYMENT DUETHIS REQUEST $84,775.89 (Line No.8, Page 1 of 7) 50.00 Retain TOL: Paned 53,409.29 Queen of Peace Church Parkin6 AnaNsis Available Parkin8 Areas City -Owned Parkin Lot Church Parkin8 Lot Alternate Home Locations 1 -Block and 11/2 Block Radius From Church 0 75 150 300 Feet Note: Base step data source Is Black Hawk County. This map does not represent a survey, no liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor. or their employees. The City of VVeterloo makes 110 warranty, express or Implied, as to the accuracy of the Information shown on this map, and expressly disclaims liability for the accuracy thereof. Users should refer to official plats. surveys. recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete and accurate Information.