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HomeMy WebLinkAbout05/05/2014THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE WATERLOO CENTER FOR THE ARTS, LAW COURT THEATER, 5:30 P.M. MONDAY, MAY 5, 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. 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. 2. You may speak one (1) time per item for a maximum of three (3) minutes. 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. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tern) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 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. May 5, 2014 Page 2 Roll Call. Moment of Silence. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer. Agenda, as proposed or amended. Minutes of April 28, 2014, Regular Session, as proposed. Proclamation declaring May 10, 2014 as "Letter Carrier Food Drive Day". Recognition of Gary Luck 2014 Team Member of the Month - May. 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, Waterloo, Iowa for sale of tobacco products or cigarettes to persons under 18 years of age. Submitted by David R. Ze/lhoefer, Assistant City Attorney 3. Request of Financial Resource Advisors for a variance to the Noise Ordinance on Saturday June 7, 2014 from 3:00 p.m. to 8:00 p.m. in conjunction with Hoods & Handlebars Car & Motorcycle Show event to be held at 816 W. Tower Park Drive including DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Submitted by Joe Leibold, Captain of Police Services 4. Request of ABATE of Iowa District 16 to hold National Motorcycle Awareness Ride to be held on Saturday, May 10, 2014 starting at Noon, with the route to start at Black Hawk County Courthouse, travel through Evansdale, Waterloo and Cedar Falls and end at Silver Eagle Harley-Davidson, together with recommendation of approval of Director of Safety Services. Submitted by Joe Leibold, Captain of Police Services May 5, 2014 Page 3 5. Request of Cool 105.7 Radio to hold the 33rd Annual 4th Street Cruise show and shine at National Cattle Congress grounds on Friday, May 23, 2014 and the 4th Street Cruise on Saturday, May 24, 2014 from 12:00 p.m. to 4:00 p.m. with cars from the east side traveling from Mulberry Street across the river on Fourth Street to Bluff Street and returning on Park Avenue back to Mulberry Street; cars from the West side will travel from Bluff Street across the river on Fourth Street to Mulberry Street and will return to Bluff Street on Fifth Street. Submitted by Joe Leibold, Captain of Police Services 6. Request to cancel sidewalk assessment for just east of 107 Norwood Avenue (parcel No. 8913-15-489-003) in the amount of $773.16; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted by Suzy Schares, City Clerk 7. Request of Luther T. Holmes for tax exemptions for the construction of a new single family dwelling valued at $133,000.00 located at 903 W. Parker Street and located in the Consolidated Urban Revitalization Area (CURA). Submitted by Noel Anderson, Community Planning & Development Director 8. Request of C & S Properties, LLC for tax exemptions for the expansion and remodel of their business valued at $1,363,415.00 located at 812 Washington Street and located in the Consolidated Urban Revitalization Area (CURA). Submitted by Noel Anderson, Community Planning & Development Director 9. Request of C & S Properties, LLC for tax exemptions for the construction of a new parking lot valued at $57,085.00 located at 828 Washington Street and located in the Consolidated Urban Revitalization Area (CURA). Submitted by Noel Anderson, Community Planning & Development Director 10. Request of C & S Properties, LLC for tax exemptions for the construction of a new parking lot valued at $41,302.00 located at 612 W. 7th and located in the Consolidated Urban Revitalization Area (CURA). Submitted by Noel Anderson, Community Planning & Development Director 11. Request of Emily M Zeets for tax exemptions for the construction of a new single family dwelling valued at $150,000.00 located at 1442 Hummingbird Circle and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director 12. Request of Shinette Hughes for tax exemptions for the construction of a new single family dwelling valued at $150,000.00 located at 4146 Mockingbird Lane and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director May 5, 2014 Page 4 13. Request of Doris Sealock for tax exemptions for the construction of a new town home valued at $184,000.00 located at 1307 Pintail Drive and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director 14. Request of Nisveta Dolic for tax exemptions for the construction of a new single family dwelling valued at $330,000.00 located at 1513 Pinnacle Place and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director 15. Request of Trina Becker for tax exemptions for the construction of a new twin home valued at $177,500.00 located at 4157 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director 16. Request of John Rooff for tax exemptions for the construction of a new twin home valued at $275,000.00 located at 725-727 Sonya Drive and located in the City Limits Urban Revitalization Area (CLURA). b. Motion to approve the following: 1. 2. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to exceed Michelle Weidner, Chief Financial Officer Gov't Finance Officers Association Annual Conference - Amended Minneapolis, MN 05/ 18/ 14- 05/21 / 14 $1,480.00 Craig Hintzman, Signal Tech II; Brandon Hodgin, Signal Tech I; Jeremiah Luck; Equipment Operator Basic ArcGIS Training Workshop UNI - Cedar Falls, IA 05/ 13/ 14- 05/ 14/ 14 NTE $591.00 May 5, 2014 3. 4. 5. 6. 7. Page 5 Buck Clark, Mayor Mayors' Volunteer Awards Luncheon; Mayors' Top Teen Awards Reception Waterloo, IA 04/22/ 14 $600.00 Buck Clark, Meet with Chicago, IL 05/21 / 14- $890.00 Mayor; Michelle Moody's Investor Class E Liquor, Class B Wine, Class C Beer 05/23/ 14 03/ 15/ 15 Weidner, Chief Services Class C Liquor & Extended Outdoor Service for "Bike Night" New 04/28/ 14 10/31/ 14 Financial Officer Sergeant Farmer, K9 Selection Denver, IN 05/ 13/ 14- $1,034.00 Officer Bovy, and 05/ 15/ 14 Officer Bose Inv. Pohl ICAC Internet Neenah, WI 06/ 09/ 14- $1,553.00 Evidence Finder 06/ 11/ 14 Training Mark Brandes, CMOM Specialist and Laura Wolff Basic ArcGIS Two Day Training Workshop UNI - Cedar Falls, IA 05/ 14/ 14 $364.86 Clerk I 8. Recommendation of appointment of Mark Bagenstos to the position of Equipment Operator II for the Street Department from the current Civil Service List effective May 6, 2014 pending completion of pre-employment physical. Submitted by Mark Rice, Public Works Director 9. Motion to receive and file the Iowa Public Official Bond for Trustee Terry Kuntz. Submitted by Dennis Clark, General Manager of Waterloo Water Works 10. 11. 12. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Casey's General Store #2880 1604 LaPorte Rd. Class B Native Wine & Class C Beer Renewal 04/ 18/ 15 X Hy -Vee food Store & Drugstore #4 4000 University Ave. Class E Liquor, Class B Wine, Class C Beer Renewal 03/ 15/ 15 X Screaming Eagle American Bar & Grill 228 E. 4th St. Class C Liquor & Extended Outdoor Service for "Bike Night" New 04/28/ 14 10/31/ 14 May 5, 2014 13. 14. 15. Page 6 Lone Star Steakhouse & Class C Liquor & Renewal 03/ 11/ 15 X Saloon Outdoor Service 4045 Hammond Ave. Waterloo Bucks Special Class C New 04/ 10/ 14 X 850 Park Rd. (BW) & Outdoor 10/ 10/ 14 Service Sunnyside Country Club Class A Liquor & Renewal 04/ 13/ 15 X 1600 Olympic Dr. Outdoor Sales 16. Bonds Vehicle For Hire Business License Application 17. City Cab, 1211 N. Barclay Street 18. ABC Transportation Services, LLC, 2200 Spring View Street 19. First Call Taxi, 604 2nd Street, Evansdale, Iowa PUBLIC HEARINGS 2. Asbestos Abatement Services Request for Proposals for the following properties: 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 425 Almond Street. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file Motion to postpone hearing until May 12, 2014 Submitted by Noel Anderson, Community Planning & Development Director 3. Request by Janet Kendall -Post to lease property for a period of ten (10) years for property located on Riverside Drive just west of 903 Riverside Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution approving said Lease Agreement with Janet Kendall -Post in the amount of $1.00 for a term ending December 31, 2024; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner May 5, 2014 Page 7 4. Request by Darlyne Yagla to lease property for a period of ten (10) years for property located on Riverside Drive just south of 509 Riverside Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution approving said Lease Agreement with Darlyne Yagla in the amount of $1.00 for a term ending December 31, 2024; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 5. Request by George A. and Loretta R. Ryan to lease property for a period of ten (10) years for property located on Riverside Drive just east of 727 Riverside Drive. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution approving said Lease Agreement with George A. and Loretta R. Ryan in the amount of $1.00 for a term ending December 31, 2024; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 6. Purchase of Video Detection Cameras for 1-380 Ramps at San Marnan Drive and 1-380 at Mitchell Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid document, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Traffic Operations Superintendent for review. Submitted by Sandie Greco, Traffic Operations Superintendent RESOLUTIONS 7. Resolution to set the date of hearing for amendment to the FYE2014 Budget as May 27, 2014; and instruct City Clerk to publish notice. Submitted by Michelle Weidner, Chief Financial Officer 8. Resolution approving recommendation of award of bid to Bill Colwell Ford of Hudson, Iowa, in the amount of $23,351.00 each totaling $70,053.00, for the Purchase of Three (3) Pickup Trucks for the Street Department. Submitted by Mark Rice, Public Works Director May 5, 2014 Page 8 9. Resolution approving an Agreement with Trillion Aviation for professional services in the amount not to exceed $3, 700.00 in conjunction with renegotiation of the expiring car rental leases with Hertz and Avis/Budget at the Waterloo Regional Airport; and authorize Mayor to execute same. Submitted by Mike Wilson, Airport Director 10. Resolution approving the proposed Minor Plat of 8.37 acres into 2 lots zoned "A-1" Agricultural District, located at 135 E. Airline Highway; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 11. Resolution approving Real Estate Purchase Agreement with Locus Partnership for the acquisition and purchase of parcel 8913-26-205-007 located near the intersection of West 2nd and Jefferson Streets in the amount of $50,000.00; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 12. Resolution to approve and accept certain acquisition contracts and certain deeds to sell real property to the City of Waterloo for the partial acquisition of right-of-way, and temporary easement to allow for roadway improvements to Kimball Avenue between Tower Park Drive and Acadia Street, IDOT# STP -U-8155(731)-70-07. Submitted by Noel Anderson, Community Planning and Development Director 13. Resolution approving Minor Site Plan Amendment request to the "C -1,C -Z" Conditional Zoning District, to allow for the removal of the existing McDonalds Restaurant and allow for a new 5,235 SF McDonalds Restaurant to be built in its place. Submitted by Noel Anderson, Community Planning & Development Director 14. Resolution approving an Agreement in the amount of $1,400.00 per month after the first three months with Gym CrossFit Kilo for Kilo trained activities in existing shell space and allow for SportsPlex members to participate for the period of May 1, 2014 through April 30, 2015; and authorize Mayor and City Clerk to execute said document. Submitted by Mark Gallagher, Recreation Services Manager, Leisure Services 15. Resolution approving recommendation of award of bid to Zoll Medical Corporation for the purchase of seven (7) 12 -lead cardiac monitors in an amount not to exceed $185,382.12. Submitted by Pat Treloar, Chief of Fire Services 16. Resolution approving 28E Agreements with City of Waterloo and the following communities: Grundy Center and Allison; and authorize Mayor and City Clerk to execute said documents. Submitted by Pat Treloar, Chief of Fire Services May 5, 2014 Page 9 17. Resolution approving Notice of Intent for NPDES Coverage Under General Permit to the Iowa Department of Natural Resources in conjunction with F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, Fletcher), Contract No. 836; and authorize Mayor to execute said document. Submitted by Jamie Knutson, P. E., Associate Engineer 18. Resolution approving award of contract to Cedar Valley Corp., LLC of Waterloo, Iowa in the amount of $5,914,306.72; for the F.Y. 2014 Kimball Avenue Transportation Improvements STP -U-8155(731-70-07, Contract No. 843. Submitted by Jeff Bales, Associate Engineer ORDINANCES 19. An Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 4 Storm Water Management Program. 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 striking in its entirety Article B, Construction site Erosion and Sediment control, of Chapter 4, Storm Water Management Program, of Title 8, Public Utilities, and by substituting therefore a new Article B. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt Ordinance. Submitted by Phillip Schuppert, Stormwater Specialist OTHER COUNCIL BUSINESS 20. Motion to receive and place on file the 2013 Operating Report of the Waterloo Water Works. Submitted by Dennis Clark, General Manager of Waterloo Water Works. 21. Motion to receive and place on file the 2013 Audit of the Waterloo Water Works. Submitted by Dennis Clark, General Manager of Waterloo Water Works 22. Motion approving Change Order No. 1 for the removal of the alleyway between 300 W. 3rd Street and 316-318 W. 3rd Street for an amount not to exceed $2,800.00 for demolition services in conjunction with FY 2014 Demolition Contract with Benton's Sand and Gravel for 300 W. 3rd Street. Submitted by Chris Western, Planner II May 5, 2014 Page 10 23. Motion approving Change Order No. 1 for a net increase not to exceed negotiated price of $7,020.00 to add 1005 Lafayette Street and 533 Cottage Street for work performed by Advanced Environmental of Waterloo, Iowa in conjunction with Asbestos Containing Material (ACM) removal; and authorize Mayor and City Clerk to execute said documents. Submitted by Rudy D. Jones, Community Development Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares, CMC City Clerk/ Human Resource Director MEETINGS Monday, May 5, 2014 4:40 p.m. - Council Work Session, Law Court Theater 5:05 p.m. - Finance Committee, Law Court Theater PUBLIC INFORMATION 1. Certified List for the position of Equipment Operator II for the City of Waterloo Street Department, as certified by the Civil Service Commission on April 25, 2014. 2. Certified List for the position of Graphic Designer/ Digital Arts Manager for the City of Waterloo Center for the Arts, as certified by the Civil Service Commission on April 25, 2014. 3. Waterloo Cultural and Arts Commission Board meeting minutes of March 19, 2014 on file in the Clerk's office. 4. Waterloo Regional Airport Board meeting minutes of February 25, 2014 and March 25, 2014 on file in the Clerk's office. 5. Board of Waterloo Water Works Trustees of April 23, 2014 on file in the Clerk's office. CONTRACT PAYMENT SCHEDULE 1. Stormwater Lift Stations -Study & Design Phase Westfield Ave./ Virden Creek Pay estimate to Stanley Consultants, Inc. in the total amount due of $23,858.10 Amended Council Agenda Items Council Meeting Monday, May 5, 2014 Delete recommendation of appointment. 8. Recommendation of appointment of Mark Bagenstos to the position of Equipment Operator II for the Street Department from the current Civil Service List effective May 6, 2014 pending completion of pre-employment physical. Submitted by Mark Rice, Public Works Director Delete & Re ' lace 18. Delete the award of contract for the F. Y. 2014 Kimball Avenue Transportation Improvements and replace with setting date of hearing. Resolution setting date of hearing as May 12, 2014 to approve Plans and Specifications in conjunction with the F.Y. 2014 Kimball Avenue Transportation Improvements Project, Contract No. 843; and instruct City Clerk to publish notice. Submitted by Jeff bales, Associate Engineer Delete Amended Council Agenda Items Council Meeting Monday, May 5, 2014 Delete recommendation of appointment. 8. Recommendation of appointment of Mark Bagenstos to the position of Equipment Operator II for the Street Department from the current Civil Service List effective May 6, 2014 pending completion of pre-employment physical. Submitted by Mark Rice, Public Works Director elete & Re a lace 18. Delete the award of contract for the F.Y. 2014 Kimball Avenue Transportation Improvements and replace with setting date of hearing. 18. Resolution setting date of hearing as May 12, 2014 to approve Plans and Specifications in conjunction with the F.Y. 2014 Kimball Avenue Transportation Improvements Project, Contract No. 843; and instruct City Clerk to publish notice. Submitted by Jeff bales, Associate Engineer April 28, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at Waterloo Center for the Arts, Law Court Theater, Waterloo, Iowa, at 5:30 p.m., on Monday, April 28, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Jim Walsh, City Attorney. 142645 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, April 28, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 142646 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 21, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark read a Proclamation declaring May 2-3, 2014 as "Poppy Days". Mayor Clark read a Proclamation declaring May, 2014 as "Bike Month", May 7, 2014 as "Bike to School Day", May 12-16, 2014 as "Bike to Work Week", and May 16, 2014 as "Bike to Work Day". CONSENT AGENDA 142647 - 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 April 28, 2014, in the amount of $1,612,603.50, 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. 2014-285. 2. Request of Mary E. Drey (Ansborough Ave. Hy -Vee) for a variance to the Noise Ordinance on Thursday May 1, 2014 from 4:30 p.m. to 7:30 p.m. in conjunction with Springtime Party Fundraiser for Autism to be held at the Ansborough Ave. Hy -Vee including band/DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-286. 3. Request of Janet Phillis for a variance to the Noise Ordinance on May 31, 2014 from 8:00 p.m. to 12:00 p.m. midnight in conjunction with "55 years old and finally earned a college degree" event to be held at the corner of Farrington and Harrow Streets (312 Farrington Road) including band/DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-287. 4. Request of George & Loretta Ryan for a variance to the Noise Ordinance on July 5, 2014 from 12:00 noon to 10:00 p.m. in conjunction with Family 50th Anniversary event to be held at 715 Riverside Drive including the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-288. 5. Request of American Cancer Society for a variance to the Noise Ordinance on June 20, 2014 from 12:00 noon to Midnight in conjunction with Relay For Life of Black Hawk County event to be held at Hawkeye Community College Campus including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-289. April 28, 2014 Page 2 6. Request of RiverLoop Association Inc. for a variance to the Noise Ordinance from May 3, 2014 through October 31, 2014 from 10:00 a.m. to Midnight in conjunction with Musical Concerts, Wedding Receptions and Private Parties to be held at Riverloop Amphitheatre including a band/DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-290. 7. Request of MB Rentals II, LLC for tax exemptions for the construction of a new single family dwelling valued at $154,000.00 located at 2018 Ansborough Avenue and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-291. b. Motion to approve the following: 1. 2. 3. 4. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Paul Huting, Iowa Park & Cedar 04/07/14- $561.00 Leisure Services Recreation Assoc. Rapids, IA 04/09/14 X Director Conf. Renewal 04/15/15 X Wendy Drinovsky, 2014 Shieldware Des Moines, 05/07/14- $185.00 Records Manager Conf. IA 05/08/14 X Inv. Monroe & Marijuana Testing Ankeny, IA 06/02/14- $1,150.00 Inv. Hageman School 06/05/14 Michelle Weidner, Chief Iowa Governmental Roundtable Des Moines, IA 05/13/14 $300.00 Financial Officer 5. Mayor Clark's recommendation of the following appointment: 7. 8. 9. 10. 11. Appointee Board/Commission Expiration Date New or Re - Appointment Dan Bigler ADA Compliance Commission 03/14/17 Re -Appointment Kathryn Payne General Contractors Board of Licensing, Examiners & Appeals 11/01/16 Re -Appointment Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Demi's Blue Martini Lounge 728 Commercial St. Class C Liquor & Outdoor Service Renewal 01/18/15 X J's R & B Lounge 501 Independence Ave. Class C Liquor Renewal 04/06/15 X New Star Liquor 1309 Lafayette Class E Liquor, Class B Wine & Class C Beer Renewal 04/15/15 X Sky 501 Sycamore St. Class C Liquor Renewal 12/14/14 X South Hills Golf Course 1830 E Shaulis Rd. Class B Beer & Outdoor Service Renewal 03/31/15 X Main Street Waterloo Lincoln Park Special Class C (Beer/Wine) Outdoor Service Renewal 05/14/14 - 11/14/14 12. Bonds Vehicle For Hire Business License Application 13. The Loop Taxi & Transportation, 121 Webster Street 14. Dolly's Taxi, 2202 College Street, Cedar Falls, Iowa Roll call vote -Ayes: Seven. Motion carried. April 28, 2014 Page 3 PUBLIC HEARINGS 142648 - Schmitt/Morrissey that proof of publication of notice of public hearing on Purchase of Seven (7) 12 -Lead Cardiac Monitors as published in the Waterloo Courier on April 11, 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. 142649 - Schmitt/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 142650 - Schmitt/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with the Purchase of Seven (7) 12 -Lead Cardiac Monitors", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-292. 142651 - Schmitt/Welper that "Resolution authorizing to proceed in conjunction with the Purchase of Seven (7) 12 -Lead Cardiac Monitors", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-293. 142652 - Schmitt/Welper to receive and file and instruct City Clerk to open and read bids and refer to Chief of Fire Services for review in conjunction with Purchase of Seven (7) 12 - Lead Cardiac Monitors: Voice Vote: Ayes: Seven. Bidder Bid Amount Phillips Medical Systems 3000 Minuteman Rd. Bldg. 3, 1st Floor Andover, MA 01810 $172,313.27 Physio -Control, Inc. 11811 Willow Road, NE Redmond, WA 98052 $219,829.80 Zoll Medical 269 Mill Rd. Chelmsford, MA 01824 $185,382.12 Mr. Welper explained that 70% of the bid price will be paid for by Black Hawk Gaming Association. RESOLUTIONS 142653 - Hart/Morrissey that "Resolution approving Convention and Visitors Bureau Board recommendations for hotel/motel mini -grants for the following requests: Iowa Foster & Adoptive Parents Association (IFAPA) in the amount of $2,400.00, Waterloo Softball Association in the amount of $2,220.00, and Youth Sports Foundation in the amount of $2,100.00", be adopted.. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-294. 142654 - Hart/Morrissey that "Resolution approving City of Waterloo City Council priorities through fiscal year 2016", be adopted. Roll call vote -Ayes: Seven. Mr. Lind suggested ranking the priorities. Resolution adopted and upon approval by Mayor assigned No. 2014-295. 142655 - Hart/Morrissey that "Resolution approving amendment to the Purchasing Procedures Bidding", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-296. April 28, 2014 142656 - Cole/Hart Page 4 that "Resolution approving Wastewater Disposal System Construction Permit Application with the Iowa Department of Natural Resources in conjunction with WPCF Belt Press Addition, Contract No. 869", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-297. 142657 - Cole/Hart that "Resolution approving extension of Contract with Nutri-Ject Systems, Inc. of Hudson, Iowa for Biosolids Management, Storage, and Land Application, with a new rate of $4,900.00 per month ($200.00 monthly increase) for the biosolids storage building for a five year term commencing August 1, 2014 through July 31, 2019; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-298. 142658 - Cole/Hart that "Resolution approving award of contract to Robert C. Hauptly Construction Co. of Waterloo, Iowa; and approving the Contract, Bonds and Certificate of Insurance for the 2014 Lift Stations and Complaint Mowings with Complaint Snow Removal; 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. 2014-299. 142659 - Welper/Morrissey that "Resolution approving award of contract to Todd Van Dorn Construction, Inc. of Cedar Falls, Iowa in the amount of $334,447.91; and approving the Contract, Bonds and Certificate of Insurance for the F.Y. 2014 Sidewalk Repair Program - Zone 4 and Trail Repairs, Contract No. 863; 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. 2014-300. 142660 - Welper/Morrissey that "Resolution approving award of hotel/motel discretionary funding to the following entities: Waterloo Municipal Band in the amount of $20,000.00; Aspire Therapeutic Riding Program Event in the amount of $7,000.00; Leisure Services for Golf Marketing Campaign in the amount of $9,000.00; and Grout Museum District - Tour of My Town in the amount of $560.00", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-301. 142661 - Hart/Welper that "Resolution Electing Classifications and Procedures for proposed Bond Projects as listed in the requested Waterloo Project Allocations 2014 Bond Issue Summary", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-302. 142662 - Hart/Welper that "Resolution fixing date of hearing as May 12, 2014 on the proposed issuance of the following bond for project classifications just approved: ECP -1 - Not to exceed $8,000,000.00 General Obligation Bonds for essential corporate purposes with details on projects covered by each hearing are on file for review; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-303. 142663 - Hart/Welper that "Resolution fixing date of hearing as May 12, 2014 on the proposed issuance of the following bond for project classifications just approved: ECP -2 - Not to exceed $1,700,000.00 General Obligation Bonds (Urban Renewal) for essential urban renewal purposes with details on projects covered by each hearing are on file for review; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-304. April 28, 2014 Page 5 142664 - Hart/Welper that "Resolution fixing date of hearing as May 12, 2014 on the proposed issuance of the following bond for project classifications just approved: ECP -3 - Not to exceed $12,900,000.00 General Obligation Bonds (Refunding) for essential corporate purposes with details on projects covered by each hearing are on file for review; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-305. 142665 - Hart/Welper that "Resolution fixing date of hearing as May 12, 2014 on the proposed issuance of the following bond for project classifications just approved: GCP-1 - Not to exceed $700,000.00 General Obligation Bonds for general corporate purposes with details on projects covered by each hearing are on file for review; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-306. 142666 - Hart/Welper that "Resolution fixing date of hearing as May 12, 2014 on the proposed issuance of the following bond for project classifications just approved: GCP-2 - Not to exceed $700,000.00 General Obligation Bonds for general corporate purposes with details on projects covered by each hearing are on file for review; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-307. 142667 - Hart/Welper that "Resolution fixing date of hearing as May 12, 2014 on the proposed issuance of the following bond for project classifications just approved: GCP-3 - Not to exceed $700,000.00 General Obligation Bonds for general corporate purposes with details on projects covered by each hearing are on file for review; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-308. 142668 - Hart/Welper that "Resolution fixing date of hearing as May 12, 2014 on the proposed issuance of the following bond for project classifications just approved: GCP-4 - Not to exceed $700,000.00 General Obligation Bonds for general corporate purposes with details on projects covered by each hearing are on file for review; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-309. ORDINANCES 142669 - Morrissey/Hart that "an Ordinance amending the City of Waterloo Zoning Ordinance No. 5079 by adding additional restrictions for "payday" loan (delayed deposit service) businesses", be received, placed on file, considered and passed for the third time and adopt. Roll call vote -Ayes: Five. Nays: Two (Schmitt, Lind). Motion carried. Mr. Lind questioned why there is a restriction from the Central Business District. He suggested that there may be good reasons to have them near other banks. Aric Schroeder, City Planner, explained that there are similarities to financial institutions and they are regulated by the same rules but there are differences as well. Mr. Schmitt expressed concern with regulating this business type as it is regulated by the State. Ordinance adopted and upon approval by Mayor assigned No. 5210. April 28, 2014 Page 6 142670 - Schmitt/Hart that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by adding a new Section 302-8-1 (3) b 5, 6 Front Yard Parking Citation to the International Property Maintenance Code Article B. (Front yard parking citation)", be received, placed on file, considered and passed for the third time and adopt. Roll call vote -Ayes: Seven. Motion carried. Maria Tiller, Code Enforcement Foreman, explained that this ordinance allows a citation to be issued immediately for parking in the front yard of a residence. Ordinance adopted and upon approval by Mayor assigned No. 5211. 142671 - Morrissey/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Chapter 3, General Penalty, 1-3-2 (E) Administrative Fees. (Clarification for 10 days notices of violation only)", be received, placed on file, considered and passed for the third time and adopt. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5212. 142672 - Cole/Welper that "an Ordinance amending the 2007 Code of Ordinances of the City of Waterloo, Iowa, by amending Title 7, Public Ways & Property, Chapter 7-1-2 Prohibited Acts & Conditions Section B (3) Snow and Ice Removal. (Elimination of notice after first violation for snow removal)", be received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Three. Nays: Four (Lind, Hart, Jones, Schmitt). Motion failed. Mr. Jones expressed concern with the ordinance and suggested a shortened notice after the first violation. Mr. Hart questioned the City's ability to maintain the City property in a timely manner. Dave Zellhoefer, Assistant City Attorney, explained that this is a safety issue and is typical for abandoned properties. This ordinance gives 72 hours after the snow stops to correct the situation. Maria Tiller, Code Enforcement Foreman, explained that there is not a fine but after the first notification there is a hundred dollar administrative fee and then a three hundred dollar administrative fee after that. The property is posted with the violation. Mr. Lind, Mr. Morrissey, and Mr. Schmitt asked clarifying questions. Sue Scholl, 2214 Regal, President Black Hawk County Landlord Associations, expressed concern with the ordinance and suggested utilizing the new registration process to notify landlords of the violations. 142673 - Hart/Schmitt that "an Ordinance amending the 2008 Traffic Code by amending subsection (7), Aladdin Street, parking prohibited at all times on certain streets, Section 551 by deleting subsection (7) Aladdin Street in its entirety and inserting in lieu thereof a new Subsection (7), Aladdin Street, Section 551", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Sandie Greco, Superintendent Traffic Operations, explained that this is to alleviate a parking problem on Bauch Street. The neighborhood has been notified and there were no objections. 142674 - Hart/Morrissey that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 142675 - Hart/Morrissey that "an Ordinance amending the 2008 Traffic Code by amending subsection (7), Aladdin Street, parking prohibited at all times on certain streets, Section 551 by deleting subsection (7) Aladdin Street in its entirety and inserting in lieu thereof a new Subsection (7), Aladdin Street, Section 551", be received, placed on file, considered and passed for the first time", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. April 28, 2014 Ordinance adopted and upon approval by Mayor assigned No. 5213. 142676 - Schmitt/Hart Page 7 that "an Ordinance amending the 2008 Traffic Code by amending Section 571A, No Parking 8:00 a.m. to 4:00 p.m. During School by adding Subsection (1) 2400 Baltimore Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Sandie Greco, Traffic Superintendent, explained that this will eliminate parking on the East Side during school hours. 142677 - Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 142678 - Schmitt/Hart that "an Ordinance amending the 2008 Traffic Code by amending Section 571A, No Parking 8:00 a.m. to 4:00 p.m. During School by adding Subsection (1) 2400 Baltimore Street", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5214. 142679 - Morrissey/Welper that "an Ordinance amending the 2008 Traffic Code by adding Subsection (123) Vinton Street to Section 553, No Parking Here To Corner", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 142680 - Morrissey/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 142681 - Morrissey/Welper that "an Ordinance amending the 2008 Traffic Code by adding Subsection (123) Vinton Street to Section 553, No Parking Here To Corner", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5215. OTHER COUNCIL BUSINESS 142682 - Cole/Hart that Change Order No. 1 for a net increase of $26,229.86 for work performed by Ricklefs Excavating of Anamosa, Iowa in conjunction with the LaPorte Road Pumping Station and Force Main Project, Contract No. 847, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. John Sherbon, 1715 Robin Road, questioned what the increase for this project. Larry Smith, Waste Management Services Superintendent, explained that there is an additional base for the construction of a new lift station, to include approx. 1,880 LF of gravity main and approx. 2,960 LF of force main, one air release manhole, seven sanitary sewer manholes and additional cost for putting in asphalt. 142683 - Hart/Morrissey to instruct City Engineer to prepare plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, and Fletcher), Contract No. 836, be approved. Voice vote -Ayes: Seven. Motion carried. 142684 - Hart/Morrissey that plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, and Fletcher), Contract No. 836, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. April 28, 2014 142685 - Hart/Morrissey Page 8 that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, and Fletcher), Contract No. 836", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-310. 142686 - Hart/Morrissey that "Resolution setting date of bid opening as June 5, 2014 and date of public hearing as June 9, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, and Fletcher), Contract No. 836", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-311. ORAL PRESENTATIONS Hilda Ostby, 1415 Washington Street Cedar Falls, Iowa, spoke in support of a former employee. Christie Lichty, 230 Earl Street Evansdale, Iowa, spoke in support of a former employee. Tom Peterson, 2328 Dusty Road, spoke in support of a former employee, Steve Ostby, 1415 Washington Street, Cedar Falls, Iowa, spoke in support of a former employee. Dorothy Dunn, 1017 Colby, spoke in support of a former employee. Bill Kammeyer, 526 Home Park Blvd., spoke in support of a former employee. Randy Herod, 111 Highland Blvd., spoke in support of a former employee. 142687 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 142688 - Hart/Welper that the Council adjourn at 6:33 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares, CMC City Clerk/Human Resource Director CITY OF WATERLOO Council Communication City Council Meeting: Prepared: Dept. Head Signature: # of Attachments: 1 May 5, 2014 March 12, 2014 el (71) SUBJECT: Proclamation: May 10, 2014 as Letter Carrier Food Drive Day Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: C1'fl' OF WATERLOO, IOWA PROCLAMnON WHEREAS, WHEREAS, WHEREAS, the National Association of Letter Carriers, U.S. Postal Service, AFL/CIO and the Cedar Valley United Way have a nation-wide food drive; and this nation-wide food drive is a community outreach program that will collect food items for the Northeast Iowa Food Bank, St. Vincent DePaul and The Salvation Army to be used in Black Hawk County; and this event has collected 540,000 pounds of food in the county the past ten years alone to assist those in need. Now, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim Saturday, May 10, 2014, be designated as LETTER CARRIER FOOD DRIVE DAY and call upon all citizens to place food donations in or near their mailboxes to be picked up by their letter carrier. IN IiiimEss WHEREOF, I have hereunto set my hand and caused this official seal of the City of Waterloo, Iowa, to be affixed this 5th day of May 2014. ATTEST: Buck Clark Mayor ■_! CITY OF WATERLOO Council Communication City Council Meeting: May 5, 2014 Prepared: April 30, 2014 Dept. Head Signature: : J � c� # of Attachments: 0 SUBJECT: Recognize Gary Luck as May's Team Member of the Month Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: r 7'LLM 311E3141BER OF Ta-fT rr'iorwTa-f MAY GARY LUCK GARY IS THE SEWER MAINTENANCE FOREMAN AND HAS BEEN WITH THE CITY SINCE OCTOBER 28, 1986. GARY IS ALWAYS WILLING TO AND DOES PROVIDE HELP WHEN NEEDED TO GET THE JOB DONE, EVEN IF IT IS NOT IN HIS AREA OR UNDER HIS RE- SPONSIBILITY. FROM HIS 27 YEARS WITH THE CITY GARY HAS GAINED A REMARKABLE KNOWLEDGE OF THE SEWER SYSTEM. IF SOMEONE COMES TO HIM WITH A QUESTION ABOUT A SEWER LINE, GARY CAN PROBABLY TELL THEM THE SIZE OF THE PIPE AND THE LOCATION OF THE LINE WITH- OUT LOOKING IT UP. GARY WORKS WITH VARIOUS CONTRACTORS AND OTHER UTILITY COMPANIES SO THAT THE CITY'S SEWER SYSTEM CAN CONTINUE TO PROVIDE CITIZENS WITH UNINTERRUPTED SERVICE. GARY LEADS HIS CREW IN MAINTAINING STORM SEWERS AND DURING HEAVY RAINS TO PREVENT FLOODING STREETS AND WATER DAMAGE TO PROP- ERTY ON 24 HOUR SHIFTS. HE IS EASY TO WORK WITH AND GOOD TO HIS COWORKERS; PEOPLE LIKE HAVING GARY AROUND. 0 I CD c 0 CD -Eft- rt O CD O P• O CD O.. 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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. The City is requesting the approval of an Order assessing the civil penalty of $300.00, and accepting the acknowledgment/settlement agreement and a check for $300.00 in payment of the civil penalty. Expenditure Required: None Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 April 17, 2014 Mayor Buck Clark and City Council City Hall Waterloo, IA 50703 Re: Sycamore Convenience Store, 619 Sycamore Street, Waterloo, Iowa 50703 -First Violation Dear Mayor Clark and Council Members: I have received a signed Acknowledgment/Settlement Agreement regarding the violation of tobacco laws by the above -captioned permittee. A copy is enclosed for your records. I have also enclosed an Order form accepting this Agreement in lieu of a public hearing and concluding this matter. Please approve and sign this Order at your next regularly scheduled meeting. The Original signed Order should then be sent to the permit holder. A copy should be returned to the City Attorney's Office. Thank you for your assistance. Please call me if you have any questions. Sincerely, David R. Zellhoefer Assistant City Attorney DRZ:sda Enclosures: Signed Acknowledgment/Settlement Agreement and Order C: file CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer IN RE: SYCAMORE CONVENIENCE STORE 619 SYCAMORE STREET WATERLOO, IOWA 50703 HEARING COMPLAINT FIRST VIOLATION The City of Waterloo hereby makes the following complaint against the above-named permittee: 1. Iowa Code §453A.2(1) provides that a person shall not "sell, give, or otherwise supply any tobacco, tobacco products, or cigarettes to any person under eighteen years of age." 2. Iowa Code §453A.22(2)(a) provides that if a permit holder or employee of a permit holder has violated Iowa Code §453A.2(1), the permit holder shall be assessed a civil penalty of Three Hundred Dollars ($300.00) for a first violation of Iowa Code §453A.2(1). 3. On or about March 18, 2014, the permittee or an employee of the permittee sold cigarettes or tobacco products to a person under eighteen years of age. A copy of the Compliance Check and/or Criminal Conviction is attached and incorporated herein. 4. Therefore, in accordance with Iowa law, the City Attorney requests the Waterloo City Council find a violation of the above -referenced section of Iowa Code Chapter 453A and assess a civil penalty in the amount of Three Hundred Dollars ($300.00) against Sycamore Convenience Store.. David R. Zellh•,s''r Assistant City Attorney IN RE: SYCAMORE CONVENIENCE STORE 619 SYCAMORE STREET WATERLOO, IOWA 50703 ACKNOWI FDGMENT/ SETTLEMENT AGREEMENT 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, attached hereto and incorporated herein by reference, and knowingly and voluntarily admit that the same are true and correct. I (we) hereby knowingly and voluntarily waive hearing, and submit to the statutory penalties prescribed by Iowa law. I (we) understand that this penalty will count as an official "First Violation" of Iowa Code §453A.2 pursuant to Iowa Code §453A.22. I (we) have enclosed a check for the amount of $300.00 made payable to the City of Waterloo to settle the above - referenced complaint. The above -captioned permit holder hereby waives all jurisdictional claims. Date: 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. !■ m CD @ / E H \ 5 co E CC 0 101.7.7.1,11 % ƒw _Ui }§0 ) • nJ 133 ru ru m ru � 0run j Lrl I ) r cs- 0 ( � I Er � ) \ U- - k / Rev. 06/2006 IOWA INCIDENT REPORT WATERLOO POLICE DEPARTMENT 715 MULBERRY ST (319) 291-4340 Case Number W14-026538 Date of Report 3/18/2014 Status 03 - CLEARED BY ARREST S U M M A R Y 0 F F E N S E 001 County BLACK HAWK - 07 Report Type 0 - INITIAL INCIDENT Day of week Incident Occurred 3 -TUESDAY Dispatched Location 619 SYCAMORE ST. Dispatched Time 15:52 Hrs. Arrival Time 15:52 Hrs. In Service Time 16:00 Hrs. Is Incident Date / Time Known? YES Incident Date or Lower Date Range 03/18/2014 Upper Date Range Incident Time or Lower Time Range 15:52 Hrs. Upper Time Range Hrs. INCIDENT REPORTED BY Incident Reported byVictim? NO Reporting Victim's Sequence No. Name - Last OLIVER First JAMES Middle Suffix Business Name (if Incident was Reported by a Business) WATERLOO POLICE DEPARTMENT Address 715 MULBERRY ST City WATERLOO State IA Zip Code 50703 Home/Cell Phone Work Phone Seq. No. 001 Code Section 453A.2 Charges/Offense PERSON UNDER LEGAL AGE - TOBACCO UCR Offense Code ALL OTHER OFFENSES - 90Z Attempted/Completed C - COMPLETED Type of Criminal Activity (up to 3) Type of Weapon/Force Involved (up to 3) Gang Information (up to 2) Method of Entry Point of Entry No. of Premises Entered Offender Suspected of Using Location Type 07 - CONVENIENCE STORE X Coordinate 00554606 Y Coordinate 04705275 Literal Description SYCAMORE ST 0 F F E N D E R 001 Type of Offender 01 - OFFENDER Sequence No. 01 Name - Last SCHILLING First CINDY Middle JEAN Suffix Alias(es) Offender Sobriety 1 - HAD NOT BEEN DRINKING Address 2332 LAFAYETTE ST. City WATERLOO State IA Zip Code 50703 Home/Cell Phone DOB Known? YES DOB 07/30/1958 Age or Lower Age Range 55 Upper Age Range SSN Resident Status R - RESIDENT Driver's License - Number 796YY1840 State IA Gender F Height Weight Eye Color Hair Color Skin Tone Scars/Marks/Tattoos Race 3 - CAUCASIAN Ethnicity Was offender present when officer arrived? YES Type of Injury N - NONE Hospital Taken to Transported By EMPLOYMENT OR SCHOOL INFO Employer or School SYCAMORE CONVENIENCE Address 619 SYCAMORE ST. Occupation Hours of Employment City WATERLOO State IA Zip Code 50703 Wo k Phone ARREST INFO Offender Arrested? YES Arrestee Seq. No 001 Type of Arrest S - SUMMONED/CITED Arrest Date 03/18/2014 Arrest Time 15:52 Hrs. Miranda By Miranda Date Miranda Time Hrs. Arrestee Condition O - OTHER Arrestee Armed With (up to 2) Place of Birth Additional Incidents Cleared Parent/Guard. Contacted? Address JUVENILE INFO Name - Last First Middle Suffix Home/Cell Phone City State Zip Code Work Phone Juvenile Arrestee Disposition Printed By: WATERLOO POLICE DEPARTMENT 1 of 3 Case # W14-026538 ipledge2id. TOBACCO ENFORCEMENT PROGRAM Retailer: ii t Comiotanci,, Check For FY 2014 Cr4 o-ei re-- ronu-et4,i.e,c Address: I City: State: / ±-77"-- ZIP: cY7d3 6/ 5 'LJ- 7 RESULTS (check one): Compliant LI Date Checked: Establishment has a VALID PERMIT but Does Not Sell Tobacco , Non -Compliant - Permit Status Verified by City Clerk or County Auditor LI Time Checked: Estab4hilfent (cirigatHco§a voc!TobacCb Permit1-.:11.unaOld to ,Complete (Not_Applicable) - -.F-1 Establishment is Out of LI Establishment is designated as an "UnSatisfaCtory Conclition" - "Unsatisfactory ConditiOn" verified by ABD Tobacco Investigator Middle Initial: . , Officer COriducted VValk-Through-Of the PreiniSe'S - - - (Explanation Required in commOrqsction.0Qldw) Case #: If none of the above reasons apply, reason and explaination on the back of the form—see page 4 for reason list. I 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.) If Unable to Complete the Compliance Check (check one) Clerk Information: El Male I'liFemale First Name: Last Name: I I OFFICER INFORMATION: First Name: 4 Middle Initial: VLast Name: .4 ,q Badge: n Department: Uk../ CONFIDENTIAL INFORMANT (CI): Cl Age: Al 6 El 17 CI Gender: El Male El Female Cl Number: CI Ethnicity: P.White ID Asian 0 African American 0 Native American RESULTS OF ATTEMPTED PURCHASE: (Last 4 digits of Cl's ID) LI Hispanic El Other Attempted Purchas Item: lCigarettes LI Smokeless Tobacco Ci Other Tobacco Product Age Requested?rm ES/ NO ID Requested? bYES LIINO 1NI ! • 1 • , ) Officer/Signature $50 Amount Due COMMENTS: C;IVOy C)1(5 PS r ( p (fry( Page 10 ' L4 nvvn Li it nvvn EQUIPMENT WARNING IOWA UNIFORM CITATION AND COMPLAINT WATERLOO POLICE DEPT. 411_ Zb���,� P AINTWF: State of Iowa p County of: BLACKHAWK No 07 0 City of: WATERLOO In the Courthouse at 316 E. 5th, Waterloo, IA 92408 vs. NAME- cCA ° tic4» Defendant, Last First Address 2.3 3 7Z. --7G --` City (4-44—t SS/DL#t DL Class ( DL End DOB 7 /30 /:57 Race 14 --- The undersigned states that on or about defendant did unlawfully: Operate Motor Vehicle/Boat (describe) Middle Statei__ Zip2'3 State fCo. 7 DL Rest/. Ht Wt. t I S i 0 AM Day Yr. CMV 0 Yes 0 No HazMat Plac. Req. 0 Yes 0 No US DOT# Reg # State Year Upon public highway at ed9+�- Located in the county and state aforesaid and did then and th 0 Traffic 0 Navigation 0 Scheduled Vio/Fine Surcharge Court Costs DO NOT WRITE IN THIS SPACE ere commit the following offense: 0 Snowmobile/ATV 0 Fish -Game 0 Parks $ 1947 ;S $ cus° Total FineL n s 4. $ 4� (.-6/ 0 Road Construction Zone 0 Non -Scheduled Violation 0 Court Appearance Required (805.10) Reason: ❑ P.I. 0 P.D. ($1000) Accident 0 Fatal Accident ❑ Civil Damage Assessment Violation U4Ct e54/,1 Speed In Zone -Sec # Z6../) DATA CODE Fed/Adm. Code Local Ord I sy9arkthat the recomplaint is true and correct. signatu f tD # Subscribed and sworn to before me by FZ{ ate Iowa IA Code other at 2Qc fr Court Date/Paid: If you must appear in court or if you choose to appear to answer a char which docks not re .* an appearance, r o io a above named court on: a/ / LJ at 0 PM Mo. Day NOTICE: Providing false information is a violation of Section 719.3 of the Code of Iowa and is punishable as an aggravated misdemeanor. My signature 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 .. n if I fail to appear in person of by counsel to defendainst the offense charged in this citation, t. ••urt is authorized to enter a conviction and render juent against me for the amount of my ..p. ance bond in satisfaction • - . ty any surcharge plus court costs. 24 Signature of Defend Charges, Dispositions, Sentences Title: STATE vs. SCHILLING, CINDY J Case: 01071 STA0112467 (BLACK HAWK) Citation Number: 92408 Defenda SCHILLING, CINDY J nt: Count 01 Charge Charge: 453A.2(1) -C Offense Date: DPS Number: Adjudication e: ts: 03/18/2014 Charge: 453A.2(1) -C Descripti 1ST OFFENSE - EMPLOYEE on: PROVIDING TOBACCO TO MINOR Arrest Date: Against Type: 1ST OFFENSE - Descripti EMPLOYEE PROVIDING TOBACCO on: TO MINOR GUILTY - Adj.Date Adj.: NEGOTIATED/VOLU N PLEA Adj.Judg NEWCOMB, DAWN Commen Sentence Charge: 453A.2(1) -C Descripti on: 04/08/2014 1ST OFFENSE - EMPLOYEE PROVIDING TOBACCO TO MINOR Sentence 04/08/2014 Sentence FINE Date: Appeal: Facility Type: on: Restituti N Sen.Judg NEWCOMB, DAWN e: Attorney N Drug: N Extradition: N Lic.Revo N DDS: N Batterer: ked: Fine Amount: Commen t: 100 Duration 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 V C T M 001 Type of Victim S - SOCIETY/PUBLIC Sequence No. 1 Name - Last First Middle Suffix Business/Organization/Municipality Name Address City State Zip Code Home/Cell Phone Alias(es) Victim Sob iety DOB Known? DOB Age or Lower Age Range Uppe Age Range SSN Resident Status Driver's License - Number State Gender Height Weight Eye Color Hair Color Skin Tone Race Ethnicity Scars/Marks/Tattoos Type of Injury Hospital Taken To Transported By EMPLOYMENT OR SCHOOL INFO Employer or School Occupation Hours of Employment Address City State Zip Code Work Phone VICTIM CONNECTED TO UCR OFFENSE CODES UCR Offense Code 1 UCR Offense Code 2 UCR Offense Code 3 UCR Offense Code 4 ADDITIONAL OFFENSE CIRCUMSTANCE INFO Aggravated Assault/Homicide Circumstances (up to 2) Additional Justifiable Homicide Circumstances VICTIM'S RELATIONSHIP TO OFFENDER(S First Offender Seq. No. 001 Victim's Relationship to First Offender RU - RELATIONSHIP UNKNOWN Second Offender Seq. No. Victim's Relationship to Second Offender Third Offender Seq. No. Victim's Relationship to Third Offender Fourth Offender Seq. No. Victim's Relationship to Fourth Offender SPECIAL CIRCUMSTANCES Not Applicable Bias Crime Domestic Abuse LEOKA BIAS CRIME Bias Motivation Target Code Bias Group Affiliations DOMESTIC ABUSE Children Present? Seq. No. of Domestic Abuse Offender Was the Abused Persons Rights given? Does the victim have a current No Contact Order? EYES ❑ NO Has the subject been charged with domestic abuse assault on the victim or others in the past? ❑ YES ® NO YES ❑ NO Does the Victim request a No Contact Order? Domestic Abuse Referrals (up to 6) YES ® NO LEOKA Officer Killed Type of Assignment Body Armor Call Type NARRATIVE On Tuesday 03-18-14 officers of the Waterloo Police Department conducted tobacco compliance checks in the City of Waterloo. Officers used an underage decoy to conduct compliance checks. The decoy was instructed to enter the businesses and attempt to purchase tobacco products. The decoy was told to use his Iowa ID if asked by an employee for identification. The decoy was given a twenty -dollar bill and told only to use that money when attempting to purchase tobacco. The decoy was told that if an employee asked his age, he was to give his true age. A copy of the decoys ID and the twenty -dollar bill was made prior to compliance checks. The decoy was taken to the Sycamore Convenience Store at 619 Sycamore Street. I walked in the business behind the decoy. I watched as the decoy approached the counter and attempted to purchase a pack of Talon brand filtered cigars from the offender. The offender did ID the decoy. The offender placed the pack of cigars on the counter and told the decoy the price. The decoy gave the offender the twenty -dollar bill and completed the sale. The decoy left the cigars and change on the counter as he exited the business. I made contact with the offender and identified myself as a Waterloo Police Officer. The offender was issued a citation in lieu of arrest. I gave the offender the change back and recovered the twenty -dollar bill. The cigars were seized and later tagged at 715 Mulberry St. for evidence. This case can be considered closed. Printed By: WATERLOO POLICE DEPARTMENT 2 of 3 Case # W14-026538 0 F F I C E R Complainant/Reporting Party Signature Reporting Officer OLIVER JAMES Badge Numbe 03632 Video Taken? Evidence Seized? Photos Taken? Supervisor Badge Numbe Incident Assigned To Cleared Exceptionally Date Cleared Exceptionally Notifications Investigators ® Identification Unit ❑ Officer Case Investigative Photos ❑ Printed By: WATERLOO POLICE DEPARTMENT 3 of 3 Case # W14-026538 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-313 RESOLUTION APPROVING ORDER ASSESSING PENALTY OF FIRST VIOLATION AND ORDER ACCEPTING ACKNOWLEDGMENT/SETTLEMENT AGREEMENT - 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 Assessing Penalty of First Violation and Order Accepting Acknowledgment/Settlement Agreement - First Violation dated May 5, 2014, in the amount of $300.00, 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 5th day ATTEST: Suzy Sch res, CMC City Clerk f May, 2014. rfiest G. Clark, Mayor APPLICANT'S NAME: APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S ADDRESS: 6t(Q \JeTzzreh) laftt_/c /O} APPLICANT'S PHONE #: 3/9- - i g ANTICIPATED DATE OF VARIANCE: _ da U/)C i'7, z)/(/ NAME OF EVENT: '- d/ c%41 . !;d' TIMES OF DAY OF VARIANCE: J/)/ Y) 4,-/r) GEOGRAPHICAL LOCATION OF VARIANCE: /^ DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: J&tJ</.v 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. I. JLU1J J.GL Q d eL/J,(ILC e'.C2i) 7`12.6IOZ tthozp J/ t k, F/ 4 c. -2 ,__i (awl ,i'J�J.L[�ik.1121 ' - appkt 712.1.A2Ceb 1 60 - %'1vAz aid podgy' rndc-v, C o u ✓ ,fru.-� Orui.P'v jti 7 Zt jLw _Au tr2 M 2J^i ff /ma/ sei11--aid CITY COUNCIL ACTION: APPROVAL: DENIAL: CAA 14u Ap lcant s Signature �j0 Da �f 2�i Police Dept. Recommen APPROVAL: DENIAL: DECIBEL LEVEL: Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-314 RESOLUTION GRANTING REQUEST OF FINANCIAL RESOURCE ADVISORS FOR A VARIANCE TO ORDINANCE NO. 3094, NOISE ORDINANCE. WHEREAS, Financial Resource Advisors is requesting a variance to the Noise Ordinance on June 7, 2014, from 3:00 p.m. to 8:00 p.m., in conjunction with the Hoods & Handlebars Car & Motorcycle Show event to be held at 816 West Tower Park Drive, including a DJ and the use of a PA system, and WHEREAS, said event will exceed the limits of the Ordinance No. 3094, Noise Ordinance, and WHEREAS, said Financial Resource Advisors has made formal application for a variance effective June 7, 2014, from 3:00 p.m. to 8:00 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 Financial Resource Advisors for a variance to Ordinance No. 3094, Noise Ordinance, on June 7, 2014, from 3:00 p.m. to 8:00 p.m., in conjunction with the Hoods & Handlebars Car & Motorcycle Show event to be held at 816 West Tower Park Drive, including a DJ and the use of a PA system, be and the same hereby granted. PASSED AND ADOPTED this 5th day of May, 2014. Ernest G. Clar ATTEST: uz cha4es, CMC City Cler , Mayor CITY OF WATERLOO Council Communication City Council Meeting: May 5th, 2014 Prepared: April 281h, 2014 Dept. Head Signature: # of Attachments: Joe Leibold Two SUBJECT: Abate Motorcycle Ride Submitted by: Joe Leibold (Waterloo Police) Recommended City Council Action: Approve the route and for ABATE National Motorcycle Awareness Ride on May 10, 2014 starting at noon. Summary Statement: The Abate of Iowa annual Safety Awareness ride is schedule for May 10, 2014 at Noon. It was start in the parking lot of the Black Hawk County Court House and travel through Waterloo, Cedar Falls, Evansdale and Black Hawk County ending at Silver Eagle Harley Davidson on Highway 63 South, Exact route will be determined on the day of the event based on road construction. Expenditure Required: Labor costs associated with providing the traffic control/protection, and fuel costs associated with the listed operations. Source of Funds: General Fund Policy Issue: N/A Alternative: Background Information: This is an annual event to enhance awareness of motorcycle riders as the riding season begins. Other law enforcement agencies will be assisting with the escort in various jurisdictions. ABATE OF IOWA Making sure motorcyclists are seen and heard. Lyn Locke, Public Relations Officer, District 16 319-233-2600 (daytime) 319-290-0716 (evenings/weekends) April 15, 2014 Captain Joe Leibold Waterloo Police Department 715 Mulberry Street Waterloo, IA 50703 Dear Captain Leibold, In support of National Motorcycle Safety & Awareness month each year ABATE of Iowa, District 16 sponsors a Motorcycle Awareness Ride in May. This letter is requesting permission to hold the ride & escort assistance for this annual event scheduled for Saturday, May 10. We begin participant registration at 11:00 a.m. at the Black Hawk County Courthouse with the ride departing promptly at noon. The tentative route will travel through Evansdale, Waterloo & Cedar Falls concluding at Silver Eagle Harley-Davidson, as we have the past several years. The finalized route will be determined as we get closer to the event date, allowing the escorting officers final approval on the day of the ride. Please contact me at the numbers listed above if you need further information or have any questions or concerns. Respectfully, Lyn Locke, Public Relations Officer ABATE of Iowa, District 16 cc: Tony Thompson, Black Hawk County Sheriff Chief Jeff Olson, Cedar Falls Police Department Chief Randy Weber, Evansdale Police Department Evansdale Fire Department Iowa Highway Patrol MAY 10, 2014 ABATE OF IOWA DISTRICT 16 MOTORCYCLE AWARENESS RIDE ROUTE Updated as of 4/14/14 Noon: Leave courthouse parking lot turning right on Mulberry St Lft on 6th Rt on Franklin St Rt on Vinton St Lft on Lafayette St to Evansdale Rt on McCoy Rd Rt on Gilbert Dr Rt on River Forest Rd Lft on Lafayette St Lft on 5th St (to 6 corners) Lft on Kimball Ave Rt on E Ridgeway Ave Rt on Ansborough Ave Lft on University Ave Rt on Main St Lft on 57 Lft on Hudson Rd Lft on Viking Rd Rt on 58 Lft on W. Ridgeway Rt on Hwy 63 Rt on Ranchero Rd End: Silver Eagle Harley-Davidson Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-315 RESOLUTION APPROVING REQUEST OF ABATE OF IOWA, DISTRICT 16 TO HOLD MOTORCYCLE AWARENESS RIDE ON MAY 10, 2014. WHEREAS, ABATE of Iowa, District 16 has requested that they be allowed to hold a Motorcycle Awareness Ride on May 10, 2014, together with the approval of the Director of Safety Services, and WHEREAS, said event will begin with registration at 11:00 a.m. at the Black Hawk County Courthouse with the ride departing at 12:00 noon and traveling through Evansdale, Waterloo and Cedar Falls, and concluding at Silver Eagle Harley-Davidson. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of ABATE of Iowa, District 16 to hold a Motorcycle Awareness Ride on May 10, 2014, with said event beginning at 11:00 a.m. at the Black Hawk County Courthouse with the ride departing at 12:00 noon and traveling through Evansdale, Waterloo and Cedar Falls, and concluding at Silver Eagle Harley- Davidson, be and the same is hereby approved. PASSED AND ADOPTED this 5th day of May, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch,:res, CMC City Cle k CITY OF WA'I ERLOO Council Communication City Council Meeting: May 5, 2014 Prepared: April 28, 2014 Dept. Head Signature: Joe Leibold, Police Captain # of Attachments: Three SUBJECT: 33i4 Annual Cool 105.7 4th Street Cruise Submitted by: Joe Leibold Captain (Waterloo Police) Recommended City Council Action. Approve the route, event details, street closures and the use of Police Officers and marked units/barricades for crowd and traffic control for the event. Summary Statement: Friday May 23rd from 5 PM to 9 PM Cool 105.7 will hold its annual Fourth Street Cruise Show and Shine at National Cattle Congress grounds. Saturday, May 24th from Noon to 4 PM, Cool 105.7 will hold the annual 4th street cruise in Downtown Waterloo. (Route attached) Expenditure Required: Labor costs associated with providing the traffic control/protection and barricades along with fuel costs associated with the listed operations. Source of Funds: General Policy Issue: N/A Alternative: Background Information: 33rd Annual 10 5.7 KOKZ "4TH STREET CRUISE"REcovED APR z 2014 Waterloo, Iowa The Honorable Buck Clark Mayor, Waterloo, Iowa 715 Mulberry Street Waterloo, Iowa 50703 April 24, 2014 Mayor Clark, This letter is a request for permission to hold the 2014 105.7 KOKZ Fourth Street Cruise on the dates and times as outlined below. This year the 33rd Annual 105.7 KOKZ Fourth Street Cruise will be held in downtown Waterloo, Iowa from 12:00 noon until 4:00 pm on Saturday May 24, 2014 and at the National Cattle Congress from 5:00 pm until 9:00 pm on Friday May 23, 2014 for the Annual 105.7 KOKZ Fourth Street Cruise Show & Shine car show. The route of the cruise will be the same as last year. Cars from the East side will move from Mulberry Street across the river on Fourth Street to Bluff Street and return on Park Avenue back to Mulberry. Cars from the West side will move from Bluff Street across the river on Fourth Street to Mulberry and return to Bluff on Fifth Street. Prior to the start of the cruise, the cars will stage in the Black Hawk County courthouse parking lot on the East side and under the Washington Street overpasses on the West side. We are requesting the 700 block of Mulberry Street be blocked off from 8:00 AM until shortly after 12 Noon to stage the overflow of cars expected from the Courthouse parking lot. The cars will move out of these areas a few minutes prior to 12 noon in order to meet at the East side of the Fourth Street Bridge at noon. We are requesting that Fourth Street be cleared of traffic by 11:30 AM. There will be a remote radio broadcasting area set up in the 100 block of East Fourth Street on the sidewalk, adjacent to the street, as in the past. The event will require electrical service on Fourth Street on both sides of the river for vendors and speaker systems. The exact location of vendors will be determined by Main Street, their contact person is Ms. Diane Graham. The event will also require police presence for security and traffic control. Your office should determine the amount of manpower needed. We are also requesting the Waterloo Street Department distribute of barricades and stop signs per a map that will be given to them if this request is acknowledged. As in the prior years, the Northeast Iowa CB club will be on hand to monitor the barricades at the intersections on Fourth Street. If you need further information or have any concerns with this event, please address any questions to Co -Chairs Jim Koch 319-415-7361 or Chuck Held 319-239-9193. Jim Koch Chuck Held May 24, 2014 - Waterloo, Iowa - " Come Go With Me - Cruisin' 33" WOODCOM-01 DHEDRICK CERTIFICATE OF LIABILITY INSURANCE 1 DATE(MMlDDIYYYY) 4/22/14 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 pollcy(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 TRICOR, Inc. - Dubuque 500 Iowa Street Dubuque, IA 52001 INSURED NAME: Kevin Kevin Ehrlich, CIC, CRM PHONE (563} 556-5441 AJC, No, Ext): I No): (608) 723-6440 PitaRLEss: kehrlich@tricorinsurance.com INSURER{S) AFFORDING COVERAGE INSURER A ; Liberty Mutual NAIC Woodward Communications Inc 801 Bluff St Dubuque, IA 52001 INSURER B INSURER C: INSURER D : INSURER E : INSURER F : 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 POLIC ES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. OMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS, !NSR ADDL. SUMLTR TYPE OF INSURANCE INSR wVD POLICY NUMBER DD YL (MWDo/YYj y) LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY TBJZ9145334307201101!2014 01/01/2015 DREMISEs (Ea occluED rrence) $ 300,000 MED EXP (Any one person) PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 PRODUCTS - COMP/OP AGG $ 2,000,000 A CLAIMS -MADE X OCCUR GENT AGGREGATE LIMIT APPLIES PER: X POLICY I I JPER I_ LOC AUTOMOBO_E LIABILITY x x X ANY AUTO AU. OWNED AUTOS HIRED AUTOS UMBRELLA UAB EXCESS LIAB $ 10,000 X SCHEDULED AUTOS NON -OWNED AUTOS X OCCUR CLAIMS -MADE A ASJZ91453343063 01/01/2014 01/01/2015 $ COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE _(PER ACCIDENT) 1,000,000 ODD X I RETENT ON $ 10,000 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y! N ANY PROPRIETOR/PARTNE R1EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatary In NH) Dyes, describe under DESCRIPTION OF OPERATIONS below TH7Z91453343083 01/01/2014 01/01/2015 EACH OCCURRENCE AGGREGATE $ 15,000,000 $ 15,000,000 N/A WCJZ914533430112 01/01/2014 01/01/2015 X TORY WC STATU- LIMITS OTH- ER E.L. EACH ACCIDENT $ 500,000 E.L. DISEASE - EA EMPLOYEE $ 500,000 E.L. DISEASE- POLICY LIMIT $ 500,000 DESCRIPTION OF OPERATIONS !LOCATIONS ! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) The Additional Insured: City of Waterloo, 8 ack Hawk County, Iowa, National Cattle Congress, BPC Properties as required by written contract. Event: 4th Street Cruise, May 23rd & May 24th 2014 CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry St. Waterloo, IA 50703 ACORD 25 (2010/05) 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 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD '<, ® locum Park Young Arena Phelps Youth Pavilion • Eternal Ink Tattoos t9ir t�+� • yeQs- • a w. Newton's. Cafe 'Pe Dept of at :•. Gorrectlons _. r Jr `> • Achievem -Eastern Is kPa 218 The Waterloo Brawn Bottle d Grout Museum District rnnr Lr . Monday, Apr 28, 2014 10:44 AM fr Ate' L, v Pioneer Park 4. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-316 RESOLUTION APPROVING REQUEST OF 105.7 KOKZ TO HOLD THE 33RD ANNUAL 105.7 KOKZ 4TH STREET CRUISE SHOW AND SHINE ON MAY 23, 2014 AND THE 4TH STREET CRUISE ON MAY 24, 2014. WHEREAS, 105.7 KOKZ has requested that they be allowed to hold the 33rd Annual 105.7 KOKZ 4th Street Cruise Show and Shine on May 23, 2014 from 5:00 p.m. to 9:00 p.m. at the National Cattle Congress grounds and the 4th Street Cruise on May 24, 2014 from 12:00 noon to 4:00 p.m. in downtown Waterloo, and WHEREAS, said route of the cruise will be cars from the east side traveling from Mulberry Street across the river on 4th Street to Bluff Street and returning on Park Avenue to Mulberry Street, and cars from the west side will be traveling from Bluff Street across the river on 4th Street to Mulberry Street and returning to Bluff Street on 5th Street. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of 105.7 KOKZ to hold the 33rd Annual 105.7 KOKZ 4th Street Cruise Show and Shine on May 23, 2014 from 5:00 p.m. to 9:00 p.m. at the National Cattle Congress grounds and the 4th Street Cruise on May 24, 2014 from 12:00 noon to 4:00 p.m. in downtown Waterloo, with cars from the east side traveling from Mulberry Street across the river on 4th Street to Bluff Street and returning on Park Avenue to Mulberry Street, and cars from the west side will be traveling from Bluff Street across the river on 4th Street to Mulberry Street and returning to Bluff Street on 5th Street, be and the same is hereby approved. PASSED AND ADOPTED this 5th day of May, 2014. Ze4401-1# die Ernest G. Clark, Mayor ATTEST: Suzy S ares, CMC City Cl rk CITY OF WATERLOO Council Communication City Council Meeting: May 5, 2014 Prepared: April 30, 2014 Dept. Head Signature: Suzy Schares # of Attachments: n/a SUBJECT: Cancellation of Sidewalk Assessment Submitted by: DeAnne Kobliska Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Kristina McGaffee had just purchased property at 107 Norwood Ave. while the sidewalk repairs were being completed. We had originally cancelled assessment at 107 Norwood Ave., but had not cancelled her vacant lot, parcel No. 8913-15-489-003, adjacent to her parcel. DEANNE KOBUSKA From: MIKE HEERKES Sent: Tuesday, April 22, 2014 10:01 AM To: DEANNE KOBLISKA Cc: ERIC THORSON; MICHELLE WEIDNER; SUZY SCHARES; WAYNE CASTLE Subject: RE: 107 Norwood Ave. DeAnne, I brought this up with Wayne Castle, engineer in charge of Sidewalk Program, and we feel regardless of who owned the property or how it was bought the repairs were made and we followed procedures on making repairs. As far as we are concerned the assessment should stay in place. We are also wondering how according to the email from Kathy at the county how they can just cancel an assessment if they were to acciuire this property? Mike heerkes City of Waterloo Lngineering Dept. 519.291.4512 From: DEANNE KOBLISKA Sent: Monday, April 21, 2014 12:36 PM To: MIKE HEERKES Subject: FW: 107 Norwood Ave. Response for Black Hawk County. Do we need to also cancel the side lot as she did not own the property at the time of repairs? Thank you, DeAnne Kobliska Administrative Secretary for City Clerk City of Waterloo, Iowa 715 Mulberry Street 319-291-4522 Ext 3000 Fax: 291-4571 From: Kathy Mixdorf [mailto:kmixdorf@co.black-hawk.ia.us] Sent: Monday, April 21, 2014 12:20 PM To: DEANNE KOBLISKA Subject: RE: 107 Norwood Ave. Good afternoon Deanna, Yes, on parcel #891315489002 for the home address of 107 Norwood the sidewalk repair was canceled by 1 r Fetter of September 21, 2012. There was also a sidewalk repair on a extra lot parcel 891315489003 that is also owned by Kristina McGaffee, which was indexed on this property. The certificate number is 35-0012651-0 which is on the certification for Zone 1 F. Y. 2012 , Contract No 812 page 49. This property was sold at tax sale back on 06-17-13 to a private buyer. For this sidewalk repair there was two installments included in the redemption,which was for 2012 & 2013. There is still 8 installments yet to be paid on this sidewalk repair. There will be another installment due for this coming September, 2014. If this property would have been in the name of Black Hawk County, we would have canceled the assessment, and notified the city, but it is still in her name. If you need to see any paperwork, just let me know. Hopefully this is not confusing. If you have any more questions please let me know. Kathy Mixdorf Financial Specialist Black Hawk County Treasurer From: DEANNE KOBLISKA <DEANNE.KOBLISKA@WATERLO0-IA.ORG> Sent: Monday, April 21, 2014 10:46 AM To: Kathy Mixdorf Subject: 107 Norwood Ave. 2 Kathy, I had a homeowner contact me today from 107 Norwood Ave. that apparently has a sidewalk assessment still attached to her property. The house was purchased via tax sale, so I'm assuming BHC would have deleted any pending assessments? Would you please advise. Thank you, DeAnne Kobliska Administrative Secretary for City Clerk City of Waterloo, Iowa 715 Mulberry Street 319-291-4522 Ext 3000 Fax: 291-4571 3 NOTICE: Subject to the requirements of the Iowa Open Records Law, this message and accompanying documents are covered by the Electronic Communications Privacy Act, 18 U.S.C. Subsection 2510-252, and contains information intended for the specified individual(s) only. This information may be confidential. If you are not the intended recipient or an agent responsible for delivering this message to the intended recipient, you are hereby notified that you have received this message in error and that any review, dissemination, copying or the taking of any action based on the contents of this message may be prohibited. If you have received this message in error, please notify us immediately by e-mail and delete this message. 4 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PATRICK MORRISSEY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 SUZY SCHARES • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer May 6, 2014 Ms. Rita Schmidt Black Hawk County Treasurer Black Hawk County Courthouse Waterloo, IA 50703 Dear Ms. Rita Schmidt: Please use this letter as your authority to cancel the special assessment that was approved by City Council on May 5, 2014 on the following property: Property Address Parcel Code No. Amount To Be Cancelled & Type of Assessment 107 Norwood -Adjacent Lot 8913-15-489-003 $773.16 — Sidewalk We would ask that you also cancel any penalty and interest accumulated against these amounts. Please take the appropriate action on this matter. If you have questions or need additional information, please feel free to contact me. Sincerely, S see Suzy Schares City Clerk drk/ss cc: Michelle Weidner, Chief Financial Officer Black Hawk Abstract Co., 614 Sycamore Street, Waterloo, IA 50703 Property Owners File WERE 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. 2014-317 RESOLUTION APPROVING ABATEMENT OF ASSESSMENT FOR PARCEL NO. 8913-15-489-003 (LOT ADJACENT TO 107 NORWOOD AVENUE) 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: Parcel No. 8913-15-489-003 (Lot adjacent to 107 Norwood Avenue) Sidewalk Assessment - $773.16 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 5th day of May, 2014. ATTEST: --{A Suzy Sch res, CMC City Clerk Ernest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-317 RESOLUTION APPROVING ABATEMENT OF ASSESSMENT FOR PARCEL NO. 8913-15-489-003 (LOT ADJACENT TO 107 NORWOOD AVENUE) 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: Parcel No. 8913-15-489-003 (Lot adjacent to 107 Norwood Avenue) Sidewalk Assessment - $773.16 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 5th day of May, 2014. Ernest G. Cla'r ATTEST: Suzy Sch res, CMC City Clerk (/'1;"" , Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMI'IT At -Large CITY OF WATERIOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo. Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 . NOEL C. ANDERSON, community Planning & Develap n;ent Director Council Communication City Council Meeting: May 5,. 014 Prepared: April 28,2014 Dept. Head Signature: # of Attachments: 3 SUBJECT: CURA application for tax exemptions for a new single family home located at 903 W Parker St, Waterloo, Iowa 50703. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CURA application from Luther T. Holmes for the construction of a new single family home located at 903 W Parker Street., Waterloo, Iowa 50703, valued at $133,000 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 Consolidated Urban Revitalization Area. ADDRESS 903 W Parker Street, Waterloo, Iowa 50703 LEGAL DESCRIPTION Lot 10 and that part of Lot 9 lying east of a line beginning 12.97 feet west of the northeast corner of said lot 9 and thence southerly to the point of termination of said line 13.83 feet west of the southeast corner of said lot 9, block 14 Second Addition to Grand View Place, Waterloo, Iowa Expenditure Required: N/A Source of Funds: N/A Policy Issue: CURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: «vci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Uto For Office Use Only Received by: Staff to date stamp and make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the resid ntial property. At least a 15% improvement to the value of commercial property if a building was previously on a site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax a emption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the o` working day of February following the year when the improvements are completed to comply with the timeline of the Stat 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 applicat on to be submitted to the City/Council,/ NAME: ADDRESS: `\ TELEPHONE: ( -RLA } U04 - A. What is the Address of the property being improved? What is�,;; the Legal Descriptionryof the property? (May Q. f�'c tLfr4i1 (XL A SIGNATURE: �. (�i' DATE: 1 ( -h - i4°hi') be available at County Recorder's Office on 2nd floor of the Courthouse)? B. Indicate desi;ad exemption schedule: (1 or 2) 1. V One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year- 80% d. Fourth Year ---50% g. Seventh Year -30% b. Second Year ---70% e. Fifth Year 40% h. Eighth Year ----30% c. Third Year ----60% f. Sixth Year ----40% i. Ninth Year -----20% j. Tenth Year -----20% C. What was the nature of the improvement(s)? INA) Vii "`d -s\ 1 C rvw D. City of Waterloo Building and Inspections Department Information: Permit Number 040 V Date permit was issued: .) _ d 4 t ` Total permit(s) valuation: E. What was the cost of the improvement? t t DOC) F. Estimated or actual date of completion of these improvements? ( _ c2.70 1,2 3B j i) G. If this is not a singe -family dwelling unit, which you own and reside in, will these improvements create a displacement of your tenants? Yes l .– No CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED Note: The improvements to your home or business mi y not change the assessed value. 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. DATED: Tami McFarland Black Hawk County Assessor P MEI HAW COUNTY ARSTRACT & Trnzc�( i 1f liSlllINEM IM1Ni klllll1111 Doc ID: 005447430001 Type GEN Kind: WARRANTY DEED RecoPape 04/21/2014 o0: 02:56 AM Fee Amt: $224.00 Revenue Tax: $212.00 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F11e2014®00018545 Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 After Recording Return To: Black Hawk County Abstract, 614 Sycamore, Waterloo, IA 50703 Address Tax Statement to: Luther T. Holmes, 903 W. Parker, Waterloo, IA 507036 WARRANTY DEED — CORPORATE GRANTOR For the consideration of One ($1.00) Dollar(s) and other valuable consideration, Black Hawk Contracting & Development Co. a/k/a Black Hawk Contracting & Development, Inc., a corporation organized and existing under the laws of Iowa does hereby convey to Luther T. Holmes, the following described real estate in Black Hawk County, Iowa: Lot 10 and that part of Lot 9 lying East of a line beginning 12.97 feet West of the Northeast corner of said Lot 9 and thence Southerly to the point of termination of said line 13.83 feet West of the Southeast corner of said Lot 9, Block 14, Second Addition to Grand View Place, Waterloo, Iowa. Subject to covenants, restrictions, ordinances, easements, and limited access provisions of record. The Corporation hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated: //� v 7'7/ State of Iowa ) Black Hawk Contracting & Development Co. a/k/a Black Hawk Contracting & Development, Inc. t� By: John R. Reoff {tea u Q Its: President Vic: e / Base map data source is Black Beek County, This map does not represent a survey, no Iiabifily is aseumod for lou accuracy of du data delineated Main, either expressed or irrpfed by Black Hawk Gtlke Black Hawk County Assessor, or dutheiremployees, The City of Waterloo makes no temente, •trews or implied, as to Me accuracy dew Homutlon sheen on this map, and expfesely disclaims lahiTty for the accuracy Mermd. Huns should refer to official plots, surveys. recorded Meds, etc. located at Me Black Hawk County Assessors Office fon wmpete aM accurate information. Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-318 RESOLUTION APPROVING APPLICATION WITH LUTHER T. HOLMES FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $133,000.00 FOR PROPERTY LOCATED AT 903 W. PARKER STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA (CURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Luther T. Holmes has submitted an application dated April 18, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on the construction of a new single family home valued at $133,000.00 for property located at 903 W. Parker Street, more fully described as follows: Lot 10 and that part of Lot 9 lying East of a line beginning 12.97 feet West of the Northeast corner of said Lot 9 and thence Southerly to the point of termination of said line 13.83 feet West of the Southeast corner of said Lot 9, Block 14, Second Addition to Grand View Place, Waterloo, Iowa; Subject to covenants, restrictions, ordinances, easements, and limited access provisions of record; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area (CURA) 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 Consolidated Urban Revitalization Area (CURA) 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 improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Area (CURA) 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% 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. Resolution No. 2014-318 Page 2 PASSED AND ADOPTED this 5th day of April, 2014. f � ATTEST: Ernest G. Clar Suzy Sc City Cl rk , CMC , 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 CIT. x. OF WATERLDC. 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: April 28,2 Prepared: April 23,2014 Dept. Head Signature: # of Attachments: 3 SUBJECT: CURA application for tax exemptions for the expansion and remodel of their business located at 812 Washington St., Waterloo, Iowa 50702. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CURA application from C&S Properties LLC for the expansion and remodel of their business located at 812 Washington Street, Waterloo, Iowa 50702, Valued at $1,363,415 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 Commercial property under the Consolidated Urban Revitalization Area. ADDRESS 812 Washington Street, Waterloo, Iowa 50701 LEGAL DESCRIPTION See Attached Expenditure Required: N/A Source of Funds: N/A Policy Issue: CURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer For Office Use Only Received by: Staff to date stamp and make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA rt - APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF`T1h CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. f,tf tiL„G i{'{j The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the 151 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 Supervisor Please fill out the following information for your application to be submitted to the City Coun • NAME: �`ti� . CLS SIGNATURE: ADDRESS: Cj\ \Lj C e�� -��- TELEPHONE '�`� 1 �-c\\ "���' DATE: A. What is the Address of the property being improved? �� W C��`�� SNC::: What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)? R Indicate. desired exemntinn schedule: (1 or 21 Page 1 f 2 .,.BEECHER LAW OFFICE Z Document Number: 2007007020 Date: Sep 22, 2006 4:30:00 pm Aud Fee: 20.00 Rec Fee: 10.00 Trans Tax: 0.00 Rec Management Fee 1.00 E -Com Fee: 1.00 Non -Standard Page Fee: 0.00 Filed for record in Black Hawk County, Iowa Patricia S. Sass, County Recorder QUIT CLAIM DEED THE IOWA STATE BAR ASSOCIATION Official Form No. 106 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Hugh M. Field, P.O. Box 178, Waterloo, IA 50704, Phone: (319) 234-1766 Taxpayer Information: (Name and complete address) C & S Auto Advantage Company, 1018 LaPorte Road, Waterloo, IA 50702 Return Document To: (Name and complete address) Hugh M. Field, P.O. Box 178, Waterloo, IA 50704 Grantors: Grantees: George A. Cooley Catherine J. Cooley C & S Properties, L.C. STATE OF IOWA; SS BLACK HAWK CO. E eyed for taxation S .2l ' year.. ,/r. rt__ AudItor Legal description: See Page 2 Document or instrument number of previously recorded documents: The lava State Bar Association 2005 IO WADOCS'5 RECEIVED $[ACK HAWK COUNTY ASSESSOR File Number: 2007-00007020 Seq: 1 Page 2o -f2 • THE IOWA STATE BAR ASSOCIATION Official Form No. 10B Hugh ,C Field ISBA. BUL0001583 M. FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER J 1 ^7 . '\l_, V 7, SSOct ,,,:vv' For the consideration QUIT CLAIM DEED of One Dollar(s) and other valuable consideration, George A. Cooley and Catherine J. Cooley, husband and wife do hereby Quit Claim to C & S Properties, L.C. all our right, title, interest, estate, claim and demand in the following described real estate in Black Hawk County, Iowa: The East 125 feet of Lot 14, except the North 135 feet in McLendon Addition in Black Hawk County, Iowa and The Southeast 22.4 feet of Lot 8 and all of Lot 9 in Auditor Francis Baker Addition to the City of Waterloo, Iowa and All of Block 5 in Does Addition to the City of Waterloo, Iowa, except that part to the City of Waterloo as described in CLD B 635 P 910 and Lot 1 and Lot 2 and the Southeast 30 feet of Lot 3, all in Block 6, Does Addition to the City of Waterloo, Iowa and The Northwest 30 feet of Lot 3, Lot 4 and Lot 5 all in Block 6 and the vacated alley adjacent to said lots in Does Addition to the City of Waterloo, Iowa Exempt from Revenue Stamps, Declaration of Value and Groundwater Hazard St pursuant to 4 &A.1(1�) teen ortne undersigned here y relinquls es all rights of power, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment here•f -hall be co -trued as in the singular or plural number, and as masculine or feminine gender, according + ' e context. Dated: VI. ti4A) i O, x o v t. w�•� Grantor Ge, ..� } , i / (Grantor) a rr`?tJ. ' .aa ,� .4., Catherine J. Cooley / e / (Grantor) STATE OF IOWA (Grantor) ' COUNTY OF BLACK HAWK This instrument was acknowledged before me on (Grantor) S ti-k-t.—A. t'u :.) 1--t1 by George A. Cooley and Catherine J. Cooley, (Grantor) husband and wife (Grantor) Azrn- . 11,11,,' Ni. r'.c_J , Nctary Public _�,. cf o; aigi pr, jogig 4* zntor(s) onry) (Grantor) (Grantor) 0 The Iowa State Be! Aesoaatton 2D05 106 QUIT CLAIM DEED IOWADOCSS Revised June 2005 r-:1., 1.1.......I.,.... ')nn7_nnnn7n9n San Note: Base map data source is Blick Hawk County. This map does nal represent a survey, no, liability assumed for the accuracy of Me data delineated herein. eitheexpressed or implied by Bieck Hawk County, the Bieck He. County Assessor, or Meir employees. The CIM of Watemakes no mural*, express or Im ied, as to M . Me accuracy of the information sham on fins map, and expressly disclaimsOaten,flty Mr 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. Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-319 RESOLUTION APPROVING APPLICATION WITH C AND S PROPERTIES, LLC FOR TAX EXEMPTIONS ON THE EXPANSION AND REMODEL OF BUSINESS VALUED AT $1,363,415.00 FOR PROPERTY LOCATED AT 812 WASHINGTON STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA (CURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, C and S Properties, LLC has submitted an application dated April 22, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on the expansion and remodel of business valued at $1,363,415.00 for property located at 812 Washington Street, more fully described as follows: and, The East 125 feet of Lot 14, except the North 135 feet in McLendon Addition in Black Hawk County, Iowa and The Southeast 22.4 feet of Lot 8 and all of Lot 9 in Auditor Francis Baker Addition to the City of Waterloo, Iowa and All of Block 5 in Does Addition to the City of Waterloo, Iowa, except that part to the City of Waterloo as described in CLD B 635 P 910 and Lot 1 and Lot 2 and the Southeast 30 feet of Lot 3, all in Block 6, Does Addition to the City of Waterloo, Iowa and The Northwest 30 feet of Lot 3, Lot 4 and Lot 5 all in Block 6 and the vacated alley adjacent to said lots in Does Addition to the City of Waterloo, Iowa Exempt from Revenue Stamps, Declaration of Value and Groundwater Hazard Statement pursuant to 428A.1 (15); WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area (CURA) 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 Consolidated Urban Revitalization Area (CURA) 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 improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Area (CURA) 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. 2014-319 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 5th day of April, 2014. ATTEST: LA -01,0510 Suzy Shares, CMC City C Stares, Ernest G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 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 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: Aril 28 20 Prepared: April 23, 2014 Dept. Head Signature: # of Attachments: 3 V-e;c II, 3 fr - SUBJECT: CURA application for tax exemptions for the construction of a new parking lot located at 812 Washington St., Waterloo, Iowa 50702. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CURA application from C&S Properties LLC for the construction of a new parking lot located at 812 Washington Street, Waterloo, Iowa 50702, Valued at $57,085 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 Commercial property under the Consolidated Urban Revitalization Area. ADDRESS 812 Washington Street, Waterloo, Iowa 50701 LEGAL DESCRIPTION See Attached Expenditure Required: N/A Source of Funds: N/A Policy Issue: CURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 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'F 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: Aril 28 20 Prepared: April 23,2014 Dept. Head Signature: # of Attachments: 3 SUBJECT: CURA application for tax exemptions for the construction of a new parking lot located at 812 Washington St., Waterloo, Iowa 50702. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CURA application from C&S Properties LLC for the construction of a new parking lot located at 812 Washington Street, Waterloo, Iowa 50702, Valued at $57,085 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 Commercial property under the Consolidated Urban Revitalization Area. ADDRESS 812 Washington Street, Waterloo, Iowa 50701 LEGAL DESCRIPTION See Attached Expenditure Required: N/A Source of Funds: N/A Policy Issue: CURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer For Office Use Only Received by: Staff to date stamp and make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to propertylocated within its boundaries that meet the following criteria: 1. At lea t a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the Is' 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 followinnformation for your application to be submitted to the City ' until. NAME: CSS SiS Esks. •(5U--`+ SIGNATURE: ADDRESS:..1�t1 TELEPHONE: �3 \tea �, \ \ & \ DATE: A. What is the Address of the property being improved? %rpgi What is the Legal Description of theo�erty7 f191,ay be available at County Recorder's Office on 2nd floor of the Courthouse)? B. Indicate desired exemption schedule: (I or 2) 1. ✓One Hundred Percent (100%) exemption for three years on the actual value added by improvements; A partial exemption on the actual value added by improvements according to the following schedule: a. First Year ----80% b. Second Year ---70% c. Third Year ----60% d. Fourth Year -------50% e. Fifth Year -------40% f. Sixth Year --------40% C. What was the nature of the j provement(s)? g. Seventh Year ----30% h. Eighth Year -------30% i. Ninth Year -------20% j. Tenth Year -------20% D. D. City of Waterloo Building and Insper,,tions Department Information: \a•1 Permit Number: Date permit was issued: Total pennit(s) valuation: ‘ E. What was the cost of the improvement? F. Estimated or actual date of completion of these improvements? G. If this is not a singe -family dwellin�unit. hich you own and reside in, will these improvements create a displacement of your tenants? Yes No CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR Note: Note: APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor The improvements to your home or business may not change the assessed value. 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. Psge 1 4f 2 .—BEECH ER LAW OFFICE -(7 Z Document Number: 2007007020 Date: Sep 22, 2006 4:30:00 pm Aud Fee: 20.00 Rec Fee: 10.00 Trans Tax: 0.00 Rec Management Fee 1-00 E -Cont Fee: 1.00 Non -Standard Page Fee: 0,00 Filed for record in Black Hawk County, Iowa Patricia S. Sass, County Recorder �z1fR QUIT CLAIM DEED •., .t"' I l;i 54.0t1..t0 Preparer Information: (Name, address and phone number) Hugh M. Field, P.O. Box 178, Waterloo, IA 50704, Phone: (319) 234-1766 THE IOWA STATE BAR ASSOCIATION Official Form No. 106 Recorder's Cover Sheet Taxpayer Information: (Name and complete address) C & S Auto Advantage Company, 1018 LaPorte Road, Waterloo, IA 50702 Return Document To: (Name and complete address) Hugh M. Field, P.O. Box 178, Waterloo, IA 50704 Grantors: Grantees: George A. Cooley Catherine J. Cooley C & S Properties, L.C. STATE OF IOWA; SS BLACK HAWK CO. E ered for taxation �I}ts "'/466' year /fir s __Auditor Deputy Legal description: See Page 2 Document or instrument number of previously recorded documents: 0 The Iowa State Bar Association 2005 10 WADOCS0 RECEIVED BLACK HAWK COUNT ASSESSOR File Number: 2007-00007020 Seq: 1 Page 2of2 e Numer: �uul�uuvuru�u meq: THE IOWA STATE EAR ASSOCIATION Official Form No. 106 Hu l M Field TC'fl A 1J 13L000 503 LI gl! 1Vt 1 1 1 ]DCi tt V FORME LEGAL EFFECT OF THE USE OF THIS FORM CONSULT YOUR LAWYER S TA1F LAT CLAN DEED I-0CIA:0 For the consideration of One Dollar(s) and other valuable consideration, George A. Cooley and Catherine J. Cooley, husband and wife do hereby Quit Claim to C & S Properties, L.C. all our right, title, interest, estate, claim and demand in the following described real estate in Black Hawk County, Iowa: The East 125 feet of Lot 14, except the North 135 feet in McLendon Addition in Black Hawk County, Iowa and The Southeast 22.4 feet of Lot 8 and all of Lot 9 in Auditor Francis Baker Addition to the City of Waterloo, Iowa and All of Block 5 in Does Addition to the City of Waterloo, Iowa, except that part to the City of Waterloo as described in CLD B 635 P 910 and Lot 1 and Lot 2 and the Southeast 30 feet of Lot 3, all in Block 6, Does Addition to the City of Waterloo, Iowa and The Northwest 30 feet of Lot 3, Lot 4 and Lot 5 all in Block 6 and the vacated alley adjacent to said lots in Does Addition to the City of Waterloo, Iowa Exempt from Revenue Stamps, Declaration of Value and Groundwater Hazard St pursuant to 428A.I M) a pursuant undersigned hereby relinquishes all rights of power, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment here. f °-hall be co --trued as in the singular or plural number, and as masculine or feminine gender, according a `e context. Dated: Viei►w ic7, le DOL.lJAI( Ge41115i of; / 4G1 .0" /Ii�LaY(Grantor) Catherinnee J. Cooley / (Grantor) STATE OF IOWA (Grantor) COUNTY OF BLACK HAWK This instrument was acknowledged before me on (Grantor) Catherine J. Cooley. by George A. Cooley and husband and wife e (Grantor) (Grantor) iimplikakw._ . • r ; , N ary Public ®a, z fir; r d i-_ COMM. - • •sig ..ti antor(s) onty) iowA •,d a ...pptt. .:fr. g ?l$izt (Grantor) C The Iowa State Bar Association 2D05 106 QUIT CLAIM DEED tOSNADOCSt& Revised June 2005 e Numer: �uul�uuvuru�u meq: Note: Base nap data source is Black Hawk Court. This map does rrot represent a survey, no Iia.lt is assumed for tin accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Brach Hew. County Assessor, or their employees. The City of Waterloo makes no warranty. express er knoll., as to the accuracy of the information shown on this map, and expressly dosclalms liadkty for the accuracy thereof. Users should refer to official pats, surveys, recorded deeds, etc, located at the Mach Haw. County Assessors ter for compete and acuate information. Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-320 RESOLUTION APPROVING APPLICATION WITH C AND S PROPERTIES, LLC FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW PARKING LOT VALUED AT $57,085.00 FOR PROPERTY LOCATED AT 812 WASHINGTON STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA (CURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, C and S Properties, LLC has submitted an application dated April 22, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exempt'•.s on the construction of a new parking lot valued at $ � ,,+�0 for property located at 828 South Street, more full descr:;:-d as follows: The East 125 feet of Lot 14, except the�L in McLendon Addition in Black Hawk Cou x•N k, and The Southeast 22.4 feet of Lot 8 9 in Auditor Francis Baker Addition to - - y • .terloo, Iowa and All of Block 5 in Does dit to the City of Waterloo, Iowa, except that T •ar t• the City of Waterloo as described in and Lot 1 and Lot 2 and t „ , Sou astfeet of Lot 3, all in Block 6, Does Additi to e City of Waterloo, Iowa and The Northwest 30 eet of L , Lot 4 and Lot 5 all in Block 6 and the cated . 1.i adjacent to said lots in Does Addition to e City of Waterloo, Iowa Exempt fro Groundwate and, WHE Consoli as p Wat ps, Declaration of Value and tatement pursuant to 428A.1 (15); operty is located within the designated Revitalization Area (CURA) in Waterloo, Iowa, lished by the City Council of the City of d, the new construction project respecting said prope is in conformance with the Consolidated Urban Revita ion Area (CURA) Plan as officially adopted by the City Council J r the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Area (CURA) 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. 2014-320 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 5th day of April, 2014. ATTEST: Suzy Schares, CMC City Clerk Ernest G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMI'IT At -Large 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: Aril 28. 11� Prepared: April 23,2014 Dept. Head Signature: # of Attachments: 3 SUBJECT: CURA application for tax exemptions for the construction of a new parking lot located at 812 Washington St., Waterloo, Iowa 50702. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CURA application from C&S Properties LLC for the construction of a new parking lot located at 812 Washington Street, Waterloo, Iowa 50702, Valued at $41,302 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 Commercial property under the Consolidated Urban Revitalization Area. ADDRESS 812 Washington Street, Waterloo, Iowa 50701 LEGAL DESCRIPTION See Attached Expenditure Required: N/A Source of Funds: N/A Policy Issue: CURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 1 of 2 ,l _.BEECHER LAW OFFICE I -( 5 Z Document Number: 2007007020 Date: Sep 22, 2006 4:30:00 pm Aud Fee: 20.00 Rec Fee: 10.00 Trans Tax: 0.00 E -Corn Fee: Rec Management Fee 1.00 1.00 Non -Standard Page Fee: Filed for record in Black Hawk County, Iowa Patricia S. Sass, County Recorder QUIT CLAIM DEED THE IOWA STATE BAR ASSOCIATION Official Form No. 106 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Hugh M. Field, P.O. Box 178, Waterloo, IA 50704, Phone: (319) 234-1766 Taxpayer Information: (Name and complete address) C & S Auto Advantage Company, 1018 LaPorte Road, Waterloo, IA 50702 Return Document To: (Name and complete address) Hugh M. Field, Y.O. Box 178, Waterloo, IA 50704 Grantors: George A. Cooley Catherine J. Cooley Legal description: See Page 2 Document or instrument number of previously recorded documents: C The Iowa State Har Association 2435 Grantees: C & S Properties, L.C. STATE OF IOWA; BLACK HAWK CO E eyed for SS taxation• 2aG4" Audllor AYs" IOwADOCSa DePutY 0.00 RECEIVED BLACK HAWK COUNTY ASSESSOR File Number: 2007-00007020 Seq: I Page 2of2 lie tvumnei -00007020 Seq: 2 THE IOWA STATE BAR ASSOCIATION Official Form No. 106 Hugh M. Field ISBA ff BLi)001583 FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER TAT,, K • QUIT CLAIM DEED For the consideration of One Dollar(s) and other valuable consideration, George A. Cooley and Catherine J. Cooley, husband and wife do hereby Quit Claim to C & S Properties, L.C. all our right, title, interest, estate, claim and demand in the following described real estate in Black Hawk County, Iowa: The East 125 feet of Lot 14, except the North 135 feet in McLendon Addition in Black Hawk County, Iowa and The Southeast 22.4 feet of Lot 8 and all of Lot 9 in Auditor Francis Baker Addition to the City of Waterloo, Iowa and All of Block 5 in Does Addition to the City of Waterloo, Iowa, except that part to the City of Waterloo as described in CLD B 635 P 910 and Lot 1 and Lot 2 and the Southeast 30 feet of Lot 3, all in Block 6, Does Addition to the City of Waterloo, Iowa and The Northwest 30 feet of Lot 3, Lot 4 and Lot 5 all in Block 6 and the vacated alley adjacent to said lots in Does Addition to the City of Waterloo, Iowa Exempt from Revenue Stamps, Declaration of Value and Groundwater Hazard St pursuant to 422L.J15 1 }PAY he undersigned hereby relinquishes all rights of power, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment here•f -hall be co -trued as in the singular or plural number, and as masculine or feminine gender, according • e context. Dated: � "` it.vo 1 v . Y p 0 L /AA/ r Ge;A . T; / (Grantor) ���� /, / Catherine J. Cooley l f (Grantor} STATE OF IOWA (Grantor) COUNTY OF BLACK HAWK This instrument was acknowledged before me on (Grantor) S9A-t.ur, La "J Yt, by George A. Cooley and Catherine J. Cooley. husband and wife (Grantor) IIIIIIIIIIIIIII iii r�w:��:.'.�...==-i (Grantor) N. ary Public ", t • a,. +• +:. , I i i 3 g "ntor(sjonly) q •,• (Grantor) 0 The Iowa State Bar Association 2005 - '` rOWADOCSO 106 QUIT CLAIM DEED Revised June 2005 • lie tvumnei -00007020 Seq: 2 Note: Base map date source is Black Hawk County. This map does not represent a survey, no liability i assumed for the accuracy of the data delineated herein, eitheexpressed or implied by Black Hank 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 liab.Nty for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Black Hawk County Assessor's OKce for complete and accurate information. t1®11 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMI'TT At -Large CIT OF 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 & Development Director Council Communication ��'� City Council Meeting: April 28.12014 Prepared: April 23,2014 Dept. Head Signature: # of Attachments: 3 SUBJECT: CURA application for tax exemptions for the construction of a new parking lot located at 812 Washington St., Waterloo, Iowa 50702. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CURA application from C&S Properties LLC for the construction of a new parking lot located at 812 Washington Street, Waterloo, Iowa 50702, Valued at $41,302 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 Commercial property under the Consolidated Urban Revitalization Area. ADDRESS 812 Washington Street, Waterloo, Iowa 50701 LEGAL DESCRIPTION See Attached Expenditure Required: N/A Source of Funds: N/A Policy Issue: CURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer For Office Use Only Received by: Staff to date stamp and make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the I" workine 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 Superv';d. rs. Please fill out the followin. information for your application to be submitted to the City Co c 1. NAME: �'. SIGNATURE: ADDRESS: �\- , �L7..._h. ,-.....-Z t'\ ...0L4-\ TELEPHONE:,.� \5.2t1\ \ --NI a- \.' e ( DATE: A. What is the Address of the property being improved? L\ �_ What is the Legal Description of the property? (May a avatla lea ComityRecord 's Office on 2°d floor of the Courthouse)? )- > ...". . r\ B. Indicate desired exemption schedule: (1 or 2) 1. ✓One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year ----80% b. Second Year ---70% c. Third Year -----60% d. e. f. C. What was the nature of the improvement(s)? Fourth Year ------50% Fifth Year --------40% Sixth Year -40% g. Seventh Year ------30% h. Eighth Year -------30% i. Ninth Year --------20% j. Tenth Year -------20% D. City of Waterloo Building and 1 spections Department Information: "ax 3-bt. 0t"'N-4S�\3-a�a Permit Number: Date permit was issued: 644k\a rias E. What was the cost of the improvement? F. Estimated or actual date of completion of these improvements? L `` 1-\\\\"4\ G. if this is not a singe -family dwelling unit, whic ou own and reside in, will these improvements create a displacement of your tenants? Yes No Total permit(s) valuation: CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR Note: Note: APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor The improvements to your home or business may not change the assessed value. 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. . Page i —.BEECHER LAW OFFICE gi 2 Z Document Number: 2007007020 Date: Sep 22, 2006 4:30:00 pm Aud Fee: 20.00 Rao Fee: 10.00 Trans Tax: 0.00 Rec Management Fee 1.00 E -Corn Fee: 1.00 Non -Standard Page Fee: 0.00 Filed for record in Black Hawk County, Iowa Patricia S. Sass, County Recorder QUIT CLAIM DEED THE IOWA STATE BAR ASSOCIATION Official Form No. 106 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Hugh M. Field, P.O. Box 178, Waterloo, IA 50704, Phone: (319) 234-1766 Taxpayer Information: (Name and complete address) C & S Auto Advantage Company, 1018 LaPorte Road, Waterloo, IA 50702 Return Document To: (Name and complete address) Hugh M. Field, P.O. Box 178, Waterloo, IA 50704 Grantors: Grantees: George A. Cooley Catherine J. Cooley Legal description: See Page 2 C & S Properties, L.C. STATE OF IOWA; SS BLACK HAWK CO. E eyed for taxation �� •� e' year '1'6 Auditor �DePuty Document or instrument number of previously recorded documents: 0 The Iowa State Bar Association 2005 IOWADOCS® RECEIVED BLACK HAWK COUNTY ASSESSOR File Number: 2007-00007020 Sec!: 'I PAge 2-o€ 2 liNumber: 200700007020 S e eq:. THE IOWA STATE ASSOCIATION Official Form No. 10@06 O Hu h M. lf,leld ISBA #BLOW 1503 g rOTHIS FORM, CONSULTR THE LEGAL EFFECT YOUR F THE USE OF YOUR LAWYER SiAi• t QUIT CLAIM DEED 7,s CT �. 0 For the consideration of One Dollar(s) and other valuable consideration, George A. Cooley and Catherine S. Cooley, husband and wife do hereby Quit Claim to C & S Properties, L.C. all our right, title, interest, estate, claim and demand in the following described real estate in Black Hawk County, Iowa: The East 125 feet of Lot 14, except the North 135 feet in McLendon County, Iowa and The Southeast 22.4 feet of Lot 8 and all of Lot 9 in Auditor Francis Waterloo, Iowa and All of Block 5 in Does Addition to the City of Waterloo, Iowa, Waterloo as described in CLD B 635 P 910 and Lot 1 and Lot 2 and the Southeast 30 feet of Lot 3, all in Block Waterloo, Iowa and The Northwest 30 feet of Lot 3, Lot 4 and Lot 5 all in Block lots in Does Addition to the City of Waterloo, Iowa Exempt from Revenue Stamps, Declaration of ursu nt to 4 8A.J W Sit S�>iathe undersigned hereby relinquishes all rights of power, and to the real estate. Words and phrases herein, including acknowledgment her- .f plural number, and as masculine or feminine gender, according • Dated: k ti -ea) 7 0, w o D L. Addition in Black Hawk Baker Addition to the City of except that part to the City of 6, Does Addition to the City of 6 and the vacated alley adjacent to said Value and Groundwater Hazard homestead and distributive share in -hall be co -.trued as in the singular or e context. Ge, Jtime ; • ff / (Grantor) rar.a��"��Il s iitIAT /a f _/ss 0 Jaid. Cathenn J. Cooley i(Grantor) f STATE OF IOWA (Grantor) COUNTY OF BLACK HAWK This instrument was acknowledged before me on (Grantor) Cooley Catherine S. Cooley. by George A. and husband and wife (Grantor) (Grantor) *� • t1� - M. r.`rU N• ary Public 2 j, , da COMM . S6IUtt # .. igi..'r . ntar(s) onty) .•-. � %OWA itiek i -+ o q- g --- 4v (Grantor) ® The Iowa State Eat Association 2005 106 QUIT CLAIM DEED IOWADOCSO Revised Jute 2005 liNumber: 200700007020 S e eq:. Hate: Bess map data source is Black Ha * County. This map does not represent • survey. no liability is assumed ler tho accuracy of the date defineated herein. either expressed or implied by Bk., County, to Black Hawk County Assessor, or their employees. The Choy of Watasso makes no wananhy, express or impied, as to the accuracy of the information shown on this map, and expressly disclaims Ga.Gty for the accuracy thereof. Users should refer to official pl., surveys, recorded deeds. etc. located at the Black Hawk Courtly Assessor, Office tor complete and accurate infomaten. Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-321 RESOLUTION APPROVING APPLICATION WITH C AND S PROPERTIES, LLC FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW PARKING LOT VALUED AT $41,302.00 FOR PROPERTY LOCATED AT 812 WASHINGTON STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA (CURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, C and S Properties, LLC has submitted an application dated April 22, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exempti•lis on the construction of a new parking lot valued at $ `" 0 for property located at 828 South Street, more full,.,;'descr d as follows: The East 125 feet of Lot 14, except the in McLendon Addition in Black Hawk Cou and The Southeast 22.4 feet of Lot 8 Auditor Francis Baker Addition to Iowa and 9 in terloo, All of Block 5 in Does diti' to the City of Waterloo, Iowa, except that art t• the City of Waterloo as described in and Lot 1 and Lot 2 and t: Sou °, ast'' feet of Lot 3, all in Block 6, Does Additi•" to e City of Waterloo, Iowa and The Northwest 30 feet of L , Lot 4 and Lot 5 all in Block 6 and the:cated 1 ® adjacent to said lots in Does Addition to e City of Waterloo, Iowa Exempt fro Groundwate and, WHE Consoli as p Wat Revenu ps, Declaration of Value and tatement pursuant to 428A.1 (15); operty is located within the designated Revitalization Area (CURA) in Waterloo, Iowa, dished by the City Council of the City of d, the new construction project respecting said prope is in conformance with the Consolidated Urban Revita .tion Area (CURA) Plan as officially adopted by the City Council •r the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Area (CURA) 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. 2014-321 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 5th day of April, 2014. ATTEST: Suzy Schares, CMC City Clerk Ernest G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 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 OF WATE L IOWA ANNEW 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: May 5, 2114 Prepared: April 28, 2014 Dept. Head Signature: # of Attachments: 3 SUBJECT: CLURA application for tax exemptions for a new single family dwelling construction located at 1442 Hummingbird Cr, Waterloo, Iowa 50702. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Emily M. Zeets for the construction of a single family home located at 1442 Hummingbird Cr., Waterloo, Iowa 50702, Valued at $150,000 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 1442 Hummingbird Cr., Waterloo, Iowa 50702 LEGAL DESCRIPTION Crossroads Estates Replat No 1 Lot 68 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: www ci.waterloo.ia .las WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer e. tl cin k -t; L j „ op crv‘ l as (--6-2J CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & 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: M..Zee ic SIGNATURE: t 41 (zCirci DATE: rzt A. What is the Address of the property being improved? What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) t? R42,-4 N & -1- 1 LA- Ce B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) } C. City of Waterloo Building and Inspections Department Information: Permit Number: Date permit was issued: 6 (2 - 2 - 13 Total permit(s) valuati A D. What was the cost of the new construction? TS E. Estimated or actual date of completion of this new construction? CITY OF WATERLOO APPROVED DATED: DENIED RESOLUTION NO: 154.20-7 BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor 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. Page 1 of 1 • HAcanny ABSTRACT a MILE 111111111111111111 0 101 Doc ID: 005448330001 Type GEN Kind WARRANTY DEED Recorded: 04/21/2014 at 02:38:34 PM Fee Amt: $251.20 Pape 1 of 1 Revenue Tax: $239.20 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER File 0 1 4-000 1 8 6 1 l Return To: Title Services Corporation. 603 Commercial St.. Waterloo. IA 50701 Preparer: Charles P. Augustine, 531 Commercial Street, Ste. 250, Waterloo, IA 50701. (319) 232-3304 Taxpayer: Emily M. Zeets. 1442 Hummingbirdlit:lid, Waterloo. IA TSC# 140046 Circle WARRANTY DEED - JOINT TENANCY For the consideration of One and No/100 Dollar(s) and other valuable consideration, Midwest Development Co. a corporation organized and existing under the laws of Iowa, does hereby Convey to Emily M. Zeets, the following described real estate in Black Hawk County, Iowa: Lot 68, Crossroads Estates Replat No. 1, Waterloo, Black Hawk County, Iowa. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record. Grantor does Hereby Covenant with grantees, and successors in interest, that grantor holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey Pr] the real estate: that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantor Covenants to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated::, jj Ltuu L' Kyle Skogman as President of Midwest Development Co. of Midwest Development Co. STATE. OF IOWA, COUNTY OF LINN Tis instrument was acknowledged before me on this L day of January, 2014. by Kyle Skogtnan < Presidnt of Midwest Development Co. �p�tAt BRANDY STARKS o v 1 Commission Wuirtber 742154 z low Di My Commission Expires August 08, 2015 STATE, OF IOWA. COUNTY OF LINN Notary Public Hummingbird C Note Bose map data source is Black Hawk County. This map does not represent • survey, no IuEBty is assured for the accuracy of the data delineated herein, either expressed or knplad by Bleck Hawk County,. Black Hark County Assessor, or thele employees. The City of waterloo nukes no warranty, express implied, es to de accuracy ofthe Information%.bbltrove, on this map, and wpreasly disctaims ka.ray for de accuracy thereof. Users should refer le official plats, surreys. recorded deeds. alc, located at the Black Hew. County Assessors °Mee for compete and accurate informaPon, 100 200 400 Fee Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-322 RESOLUTION APPROVING APPLICATION WITH EMILY M. ZEETS FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $150,000.00 FOR PROPERTY LOCATED AT 1442 HUMMINGBIRD CIRCLE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Emily M. Zeets has submitted an application dated April 18, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions for the construction of a new single family home valued at $150,000.00 for property located at 1442 Hummingbird Circle, more fully described as follows: Lot 68, Crossroads Estates Replat No. 1, Waterloo, Black Hawk County, Iowa. Subject to easements, restrictions, covenants, ordinances and limited access provisions of records; 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 improvements are 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% 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 5th day of May, 2014. nest G. Clark, Mayor ATTEST: uzy Scares, CMC City Cl-rk 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 OF 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 & Development Director Council Communication City Council Meeting: May 5,014 Z Prepared: April 24, 2014 Dept. Head Signature: # of Attachments: 3 SUBJECT: CLURA application for tax exemptions for a new single family home located at 4146 Mockingbird Lane, Waterloo, Iowa 50702. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Shinette Hughes for the construction of a new single family home located at 4146 Mockingbird Lane, Waterloo, Iowa 50702, Valued at $150,000 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 4146 Mockingbird Lane, Waterloo, Iowa 50702 LEGAL DESCRIPTION Crossroads Estates Replat No 1 Lot 32 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.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer tkiaLk-e. ccs t ti` CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO -- FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL -OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two f dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & 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: r� p TELEPHONE: (31Q L1 Ir S --c-ri 1 U XI <AllI C j-(uq!) SIGNATURE: DATE: A. What is the Address of the property being improved? t'l l `t (. V./ 1 1.r^"—, What is the Legal Description of the property?(May be available at County Recorder's Office on 2nd floor of the Courthouse) L.4 32- 1.���5 l`on�S 60-as.ts grei- B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department Information: Permit Number: G to D Date permit was issued: t t (2 L 3Total permit(s) valuation: i O At 1 7� D. What was the cost of the new construction? 14 E. Estimated or actual date of completion of this new construction? CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor 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. Page of 1 111111111111111111111 Doc ID: 005450440001 Type OEN Kind WARRANTY DEED Recorded: 04/23/2014 at 12:09:17 PM Fee Amt: $251.20 Pape 1 of 1 Revenue Tax: $239.20 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER File20 14-000 18 1 6 Return To: Title Services Corporation, 603 Commercial St.. Waterloo, IA 50701 Preparer: Charles P. Augustine, 531 Commercial Street, Ste. 250. Waterloo, IA 50701. (319) 232-3304 Taxpayer: Shinette M. Hughes. 4146 Mockingbird Lane, Waterloo, IA TSCA 140264 WARRANTY DEED - JOINT TENANCY For the consideration of One and No/100 Dollar(s) and other valuable consideration, Midwest Development Co. a corporation organized and existing under the laws of Iowa, does hereby Convey to Shinette M. Hughes. the following described real estate in Black Hawk County, Iowa: Lot 32, Crossroads Estates Replat No. 1, Waterloo, Black Hawk County, Iowa. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record. ,' Grantor does Hereby Covenant with grantees, and successors in interest, that grantor m holds the real. estate by title in fee simple; that it has good and lawful authority to sell and convey a the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantor Covenants to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: _ _\ - B Kyle Skogman as President of Midwest Development Co. 1St' , as _ -Ctt:• ' S SCS of Midwest Develo ment Co. STATE OF IOWA, COUNTY OF BLACK HAWK This instrument was acknowledged before me on this \-dav of .January. 2014, by Kyle Skogman. as President of Midwest Develapment Co. BRANDY STARKS Commission Number 7421!i4 My Commission Expires August 08. 2015 STATE OF IOWA, COUNTY OF BLACK HAWK r� This inctrnrnent wac anknnwlerloeri hefnrc imp nn this day of Ianv,ary ?Ola by . Notary Public Note: Be. map dab source is Blade Hawk County. This nap does not represent a survey, no Iabikty Is assumed for the accuracy of tin data delineated herein, either expressed or implied by Black Hawk County, the Back Hawk County Assessor, or thob employees. The City of Waterloo makes no o.ny, 00, ort Probed, as to Me acarecy of tin information shown n tins map, and expressly disclaims hEikty ter Me accuracy Mereof. Users should refer to ofdml plats, surveys, recorded deeds, .to located at the Bleck Hawk County Assessors CR for complete and accurate infomuM1on Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-323 RESOLUTION APPROVING APPLICATION WITH SHINETTE HUGHES FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $150,000.00 FOR PROPERTY LOCATED AT 4146 MOCKINGBIRD LANE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Shinette Hughes has submitted an application dated April 23, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions for the construction of a new single family home valued at $150,000.00 for property located at 4146 Mockingbird Lane, more fully described as follows: Lot 32, Crossroads Estates Replat No. 1, Waterloo, Black Hawk County, Iowa. Subject to easements, restrictions, covenants, ordinances and limited access provisions of records; 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 improvements are 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% 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 5th da `f May, 2014. Ernest G. Clark, Mayor ATTEST: Suzy S. ares, CMC City C erk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMI'IT At -Large CITY OF WATE LL IOWA • COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 91-4366 Fax (319) 291-4262 , NOEL C. ANDERSON, Community Planning &.De;elcrn:ent Director Council Communication City Council Meeting: May 5, 20 4 Prepared: April 23, 2014 Dept. Head Signature: # of Attachments: 3 SUBJECT: CLURA application for tax exemptions for new twin home construction located at 1307 Pintail Dr, Waterloo, Iowa 50702. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Doris Sealock for the construction of a new town home located at 1307 Pintail Dr., Waterloo, Iowa 50702, Valued at $184,000, 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 1307 Pintail Dr, Waterloo, Iowa 50702 LEGAL DESCRIPTION Villas of Pintail a Condominium Unit 1307 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: www ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 4 CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE, CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly construpted one or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: => 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterlocleommunity Planning. & Development Department.) ' 2. This application must be filed with City prior to the 151 working day of February following the year when the '441g41/nts 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. NAME: 3,9 A i �' R 2-0 SIGNATURE: ADDRESS: / � ; bez-,),---,-,(5 TELEPHONE: 27 ) A. What is the Address of the property being improved? e,� j DATE: % —� What i e Legal Description of the property? (May be available at County Recorder's Office on 2"s floor of the Courthouse) A� B. What was the nature of the improvement(s)? must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department Information: Permit Number: t )/L / i3 Date permit was issued: D. What was the cost of the new construction? Total permit(s) valuation: E. Estimated or actual date of completion of this new construction? ; — 1 d CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tauri McFarland Black Hawk County Assessor 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. 77 Page 1 of 3 11111111111 I I IJII I1II ► ill SIO r11 Doc ID: 005417670003 Type: GEN Kind: WARRANTY DEED Recorded: 03/10/2014 at 02:23:09 PM Fee Amt: $313.20 Page 1 of 3 Revenue Tax: $291.20 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER Fi1e2014-00016304 t; ApF, c ^� l, Warranty Deed !' (CorporateBusiness Entity Grantor) THE IOWA STATE BAR ASSOCIATION tf.,, Official Form #335 °n.0\ Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Hugh M. Field, 620 Lafayette Street, Suite 300, Waterloo, IA 50703, Phone: (319) 234-1766 Taxpayer Information: (Name and complete address) Doris A. Sealock, 1307 Pintail Drive, Waterloo, Iowa 50702 Return Document To: (Name and complete address) Title Services, Inc. 603 Commercial St. Waterloo, IA 50701 Grantors: Grantees: Insight Investment Properties, L.C. Doris A. Sealock, a single person Legal description: See Page 2 Document or instrument number of previously recorded documents: e The Iowa State Bar Association 2005 IOWADOCS® 3Og � V Jrh 4 (?a.co) ISa,C 'Ll.ya File Number: 2014-00016304 Seq: 1 Page 2 of 3 l THE IOWA STATE BAR ASSOCIATION Official Form No. 336 Hugh M. Field FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER STA .r..,, 1, Warranty Deed (Corporate/Business Entity Grantor) ti i�2 0 spC'IAt� For the consideration of ***ONE*** Dollar(s) and other valuable consideration, Insight Investment Properties, L.C. , a(n) Iowa Limited Liability Company organized and existing under the laws of Iowa does hereby Convey to Doris A. Sealock, a single person the following described realsate in Black Hawk County, Iowa: See 1 in Addendum The grantor hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and Inv,''.! authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the sin- gular or plural number, according to the context. Dated: 3-1 H `I Insight Investment Properties, L.C., a(n) 3(nv ',s' - I '..' . .II. • i Qom—v Scott HinMember/Manager L St- en angan , Member/Manager STATE OF IOWA COUNTY OF BLACK HAWK , This instrument was acknowledged before me on this icy\( �, '1-)11t C.b'N 1tA , by Scott Hintz and Steven Langan Member/Manager and Member/Manager, respec as of Insight Investment Properties, L.C., - '" DENISE K. TIX IL �' COMMISSION NO. 773088 , Notary Public ° ° owe MY COMMISSION EXPIRES May 22, 2015 O The Iowa State Bar Assoc ation 2005 335 WARRANTY DEED (CORPORATE/BUSINESS ENTITY DEED) Revised June 2005 IOWADOCS® 4 $ 7 ae Number: 2014-0001630 eq. Page 3 of 3 Adden `ism 1. Unit 1307 in "Villas of Pintail, a Condominium" according to the Declaration recorded October 3, 2007, as Doc. No. 2008-07479, in the office of the Recorder of Black Hawk County, Iowa, and as subsequently amended, together with said Unit's undivided interest in the common elements appurtenant thereto, as provided in the Declaration. Villas of Pintail is laid out on Lots 1 through 6 in Crossroads Estates Replat No. 3, in the City of Waterloo, Black Hawk County, Iowa "This conveyance is in the ordinary course c business, and the signor is duly authorized to convey the above-described real estate here; and the LLC is member -managed." File Number: 2014-00016304 Seq: 3 1307 Pintail Dr Note: Base map date source is Black Her. County. This map does not represent a sunny. no iieb.y M la assumed for e accuracy of the data.IMeeted herein, either expressed or i pNJ M Black Hawk Coady, Me Black Hawk Courtly Assessor, er Meld employees. The City of Waterloo makes no warranty, express or kriPked. as to Me accuracy efthe i lombIon sheswi en this map, end expressly disclaims bMdy for the accuracy thereof. Users should refer to official plats. surveys, recorded deeds, etc. located at the Bla W Hee/KC-minty Assessor's OM. for compete and accurate nnorrreEon. 100 200 400 ��� Fee Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-324 RESOLUTION APPROVING APPLICATION WITH DORIS SEALOCK FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW TOWN HOME VALUED AT $184,000.00 FOR PROPERTY LOCATED AT 1307 PINTAIL DRIVE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Doris Sealock has submitted an application dated April 23, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions for the construction of a new town home valued at $184,000.00 for property located at 1307 Pintail Drive, more fully described as follows: Unit 1307 in "Villas of Pintail, a Condominium" according to the Declaration recorded October 3, 2007, as Doc. No. 2008-07479, in the office of the Recorder of Black Hawk County, Iowa, and as subsequently amended, together with said Unit's undivided interest in the common elements appurtenant thereto, as provided in the Declaration. Villas of Pintail is laid out on Lots 1 through 6 in Crossroads Estates Replat No. 3, in the City of Waterloo, Black Hawk County, Iowa. "This conveyance is in the ordinary course of business, and the signor is duly authorized to convey the above- described real estate herein, and the LLC is member - managed." 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 improvements are 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% 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. Resolution No. 2014-324 Page 2 PASSED AND ADOPTED this 5th day o ATTEST: Suzy Sch\res, CMC City Cle k , 2014. rnest G. Clar , Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large OF 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 & Development Director Council Communication City Council Meeting: May 5 Prepared: April 29, 2014 Dept. Head Signature: — # of Attachments: 3 SUBJECT: CLURA application for tax exemptions for a new single family dwelling located at 1513 Pinnacle Pl, Waterloo, Iowa 50701. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Nisveta Dolic for the construction of a new single family dwelling located at 1513 Pinnacle Pl., Waterloo, Iowa 50701, Valued at $330,000 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 1513 Pinnacle Pl., Waterloo, Iowa 50701 LEGAL DESCRIPTION Pinnacle Place Lot 10 & 11 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: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affimiative Action Employer CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE MTV FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS IRBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL etifE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one'or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterl000Community Planning & Development Department.) 2. This application must be filed with City prior to the 1st working day of February following the year wh f improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraIowever, a. , 4 single application maybe filed upon completion of an entire project requiring more than one year to constructor6orriplete, 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: \\1 \\' � C-\ € TELEPHONE: . \ _t t C` lr A. What is the Address of the property being improved? SIGNATURE: DATE: \19\ What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) C. City of Waterloo `B tuilding and InspectionsjDepartment Information: ` Permit Number: \Vii).- 4 Sld Date permit was issued: Cts1 n�a �J Total permit(s) valuation: e.2.W DOC) D. What was the cost of the new construction? E. Estimated or actual date of completion of this new construction? `( E. / I, CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor 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. Page 1 of 1 11111111 HIIIIJ�I�III�IIUIIlUlIUlBlIi, I � 1 U Doc ID 005136240001 Type. GEN Kind WARRANTY DEED Recorded: 05/02/2013 at 11:47:32 AM Fee Amt: $72.80 Pape 1 of 1 Revenue Tax: $60.80 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER Fine2013-00022663 Prepared By: Kirsten N. Arnold, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 *After Recording Return `I'o: Kirsten N. Arnold, P.O. Box 178, Waterloo, IA 50704-0178 enw Address Tax Statement to: Zlatko & Nisveta Dolic, 4760 Edgebrook Dr., Waterloo, IA 50701 WARRANTY DEED – COMPANY GRANTOR For the consideration of One ($1.00) Dollar(s) and other valuable consideration, Red Arrow, L.C., a company organized and existing under the laws of Iowa, does hereby convey to Zlatko Dolic and Nisveta Dolic, husband and wife, as joint tenants with full rights of survivorship and not as tenants in common, the following described real estate in Black Hawk County, Iowa: record. Lots Nos. 10 and 11 in Pinnacle Place, Waterloo, Iowa Subject to covenants, restrictions, ordinances, easements, and limited access provisions of This conveyance is in the ordinary course of business, the signor is duly authorized to convey the above-described real estate hereunder, and the company is ,ytp,oif,eyr managed. The Company hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and Iawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated: 41 2-1 ! 13 RED ARROW, L.C. /j. By: 'Robert Claasscn Its: Mat -rose- .4-1.4,.v. e-x— Not Be. map daft source is Black Her. County. This map does not represent a surrey, we lI! is assumed ler acorn, of the daft delineated herein. antler expressed d , or Implied by BIM Havk County, IM Bleck Hevk Cottoty Assessor, or their errpkryees. The City of Waterloo makes no warranty, express er impked, as to the accuracy of the infortna.n shownon this map, and expressly disdains Yabilhy for the accuracy thereof. Users should refer to oFidal pleb, surveys, recorded deeds, old. boated at the Black Hark Courcy Assessor i Office for camp.. eM acct.. information. Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-325 RESOLUTION APPROVING APPLICATION WITH NISVETA DOLIC FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $330,000.00 FOR PROPERTY LOCATED AT 1513 PINNACLE PLACE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Nisveta Dolic has submitted an application dated April 29, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions for the construction of a new single family home valued at $330,000.00 for property located at 1513 Pinnacle Place, more fully described as follows: Lots Nos. 10 and 11 in Pinnacle Place, Waterloo, Iowa. Subject to covenants, restrictions, ordinances, easements, 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 improvements are 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% 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 5th day May, 2014. r est G. Clark, Mayor ATTEST: Suzy Sch:res, City Cle k 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 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 d De.'c ormenr Director Council Communication City Council Meeting: Ma 5 2 Prepared: April 29, 2014 Dept. Head Signature: # of Attachments: 3 SUBJECT: CLURA application for tax exemptions for a new twin home construction located at 4157 Mourning Dove Dr., Waterloo, Iowa 50702. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Trina Becker for the construction of a new twin home located at 4157 Mourning Dove Dr., Waterloo, Iowa 50702, Valued at $177,500 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 4157 Mourning Dove Drive, Waterloo, Iowa 50702 LEGAL DESCRIPTION Crossroads a Condominium Unit 4157 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: www.ci.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 0 ': RANQ FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMIT uRffAry REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CIN'' ' WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constru one or two family' t5 ?tit_ unity Planning dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can he obtained from the City of Waterloo & Development Department.) 2. This application must be filed with City prior to the 1'` working day of February following the year when the #. 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: IF, }�' 6 / i'2 G{ 6 e �.-.'fY- � / SIGNATURE: 7/57 /e. e /2 , 41v ---e— /Gri z .- ert 3/q- c//5---//6 ;;i DATE: V A. What is the Address of the property being improved? V757 Md v,1f. / ,002/- £. . 1/c What is the Legal Description of the property? (May be available at County Recorder's Office on 2°a floor of the Courthouse) SF?d_2 �..�� 4 ft c.t /1 741 421Z -L. C 7 / B. What was the nature of the improvement(s)? (must be single family homes or duple /?key Gd)15u-cam to qualify) C. City of Waterloo Building and Inspections Department Information: Permit Number: 8z. Zot3.Ot917 Date permit was issued: J ' 11 • 13 Total permit(s) valuation: Ni mt. D. What was the cost of the new construction? /77/ .$2O E. Estimated or actual date of completion of this new construction? 9 / — / V CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor 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. Prepared 17,3+: MtthewJ. Adam Retrine:Mpyet Per0,4101P,Ig 1.100 5th Street, &iite 205 i54-1 (49 ...P5e4N81c,. TA. 52241. FAX OM 354',i760: Adclreta:s...t'atenterit andAger.ree9r.clhig return trjna Becker; 4157 Mourning Evyel?Ove, W4teriocy,IA,5670 11 FE ID Iii •considcratjn TC.One. d011at and other valuable cOhsideratiOri, Robson Homes, Inc.1 40 iowa POt*VatiOn,dOeS herby transfer and coney. ro Trina D. Becker, all of it.i.ight,:title and interest in real eStatelioratedin Black Hawk ram*); Towale.,gally described as follows:, • . , Unit 4157,Millinlint the undivided interest hi the eotninfintienteiffs; appurtenant #11,4s.2434#4, znvipArg44)_ A piciAotomulionit rgppoolitmci4g pgicigos; Pr*4-41t* 2Q13 wa.:1400414 First Amendrnent to Declaration ;0.40.:44 zoo in 000A, li20144481471 by sc000t moottittwit to Declaration reetiidett Decernber 26, 243:i. Doc. Yit2014A25.83 and by Amendment to Declaration. recorded': January 27, 2014 in Doc. tolympo,. be.ing j044 op:tcon pg,ts-. ovq aIRI 134. tlittnigif.J40 itter6SSt_da4Sf'tStateklkeplat.1.0:.1, Watcrloo, Black Hawk )Oonntyi Iowa The -.describcd,-:rc4estatei is conveyed subject to zoning, easerncnts covenants and restrictions,,of record in, thc office Of,thelecorder-.0V40-c Hawk :County.4 The Grantor docs hereby covenant With .Grantee, and successors in interest, that it has. lawful authority to transfer and convey tfig-1e4icStafe;. that Grantor holds title- to the real estate in fee. Simple:, and that the Teal estate .is free and clear of alI Iicns and encumbrances; except as may be stated above.: Grantor docs further hereby :covenant with Grantee, and successors in interest,: to warrant title: and defeiidAhe real eStateagainstlbelawful claims of persons or entities.except as may be:stated above, Dated: 01C ,..2.014 STATE OF IOWA, COUNTY OF R_013$0 'O141S, INC, By: ph M. Robson, President ) SS: This instrument was acknowledged.before me on this as.-- day of Maid-- , 2014 by Joseph M_ Robson, as President of ROBSON HOMES, INC. DARLA D. GOLDEN COMMISSION NO. 126874 MY COMMISSIO EXPIRES NotaryPublicPublic in and for said St e My Commission Expires: /1— 4157 Mourning Dove Dr Hummingbird Circle Note: Base nap data source Is Black Hairs County. T. map does not represent a survey. no liability is assumed ler the a¢urecy of Ne data delineated Main. allher expressed ori plied by Black Hark County, the Black Ha County Assessor, or their employees. The City of Waterloo makes no warranty, express or implied, ...De accuracy of the in dcnawn shown on 1Ms map.. and expressly disclaims IiadtM for the accuracy thereof. Users should refer to official plats, surveys, recorded deeds, etc. located at the Bleck Hashi County Assessor's Office for complete arM accurate idomution. Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-326 RESOLUTION APPROVING APPLICATION WITH TRINA BECKER FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW TWIN HOME VALUED AT $177,500.00 FOR PROPERTY LOCATED AT 4157 MOURNING DOVE DRIVE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Trina Becker has submitted an application dated April 1, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions for the construction of a new twin home valued at $177,500.00 for property located at 4157 Mourning Dove Drive, more fully described as follows: Unit 4157 Mourning Dove Drive and the undivided interest in the common elements appurtenant to said unit, in Crossroads, A Condominium, recorded in Doc. #2014-02198 on July 29, 2013 as amended by First Amendment to Declaration recorded October 16, 2013 in Doc. #2014-08347, by Second Amendment to Declaration recorded December 26, 2013 in Doc. #2014-12658 and by Third Amendment to Declaration recorded January 27, 2014 in Doc. #2014-14368, being laid out on Lots 59, 60, 61, 62 and 134 through 140 in Crossroads Estates Replat No. 1, Waterloo, Black Hawk County, Iowa. The described real estate is conveyed subject to zoning, easements, covenants and restrictions of record in the office of the Recorder of Black Hawk County, Iowa. 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 improvements are 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% 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. Resolution No. 2014-326 Page 2 PASSED AND ADOPTED this 5th day of ay, 2014. ATTEST: Suzy Sch res, CMC City.Cle k Ernest G. Clark, May 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 CIT OF WATERLD= IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)'29 1-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: Ma 5 Prepared: April 28, 2014 Dept. Head Signature: - " # of Attachments: 3 SUBJECT: CLURA application for tax exemptions for construction of a new twin home located at 725-727 Sonya Drive, Waterloo, Iowa 50702. Submitted by: Noel Anderson- Community Planning & Development Director. Recommended City Council Action: Resolution approving CLURA application from John Rooff for the construction of a new twin home located at 725-727 Sonya Drive, Waterloo, Iowa 50702, Valued at $275,000, 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 725-727 Sonya Drive, Waterloo, Iowa 50702. LEGAL DESCRIPTION Lot No 10 in Sturdy Addition to Waterloo, Iowa. 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: www.ci.waterloo.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 ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE 61T' OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly construed one. or two family dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department) 2. This application must be filed with City prior to the 1st working day of February following the year when the improvernei is 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: JC3441 o4f Io3 kk)&.A- .-0-E_ 3Lc-L. 4-(6 SIGNATURE: DATE: V 412s I f4 A. What is the Address of the property being improved? 7 L S - ` 21- ScA 1;- What rWhat is the Legal Description of the property? (May be available at County Recorder's Office on 2' floor of the Courthouse) B. What was the nature of the improvement(s)? (must be single family homes dr duplex/twin homes to qualify) c. 1 -M "C W t tii 41.) 4A,E_ C. City of Waterloo Building and Inspections Department Information: Permit Number: :::(17l 9,1p 00 j odGf D. What was the cost of the new construction? Date permit was issued: L.0Cl?) Total permit(s) valuation: (-010b IX la t*,_ E. Estimated or actual date of completion of this new construction? 455,000 1-35, DOC, CITY OF WATERLOO RESOLUTION NO: APPROVED DENIED DATED: 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 [ 111111111111 11111111 Doe ID: 005102980001 Type: OEN Recorded 00nd: WARRANTY9/2013 at 02:50:28 PM Fee Amt: $80.80 pace 1 of i Revenue Tax: $48.60 Black Hawk County Iona JUDITH A MCCARTHY RECORDER F11i2013-00020036 Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 -4E- After Recording Return To: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 Address Tax Statement to: Black Hawk Contracting & Development, Co., 1509 Commercial Street, Waterloo, Iowa 50702 WARRANTY DEED - JOINT TENANCY For the consideration of One ($1.00) Dollar and other valuable consideration, Zlatko Dolic and Nisveta Dolic, husband and wife, do hereby Convey to Black Hawk Contracting & Development, Co., the following described real estate in Black Hawk County, Iowa: Lot No. 10 in Sturdy Addition to Waterloo, Iowa. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. 21, 2.013 Dated: RACHEL CHEENEY COMR:ISSION NO. 762933 my COMMISSION EXPIRES M30 07.2013 State of Iowa County of Black Hawk )ss 3/t; 3 Zlatko Dolic This record was acknowledged before me on this 4. dayof Zlatko Dolic and Nisveta Dolic, husband and wife. / File Number: 21T -88M196 Seq: 1 HBase ole map data source Is Black Ha. County. This map does not represent a survey. no liability is assumed for the accuracy of the data delineated herein, etther expressed or Implied by Black Hark County, the Black Hawk County Assessor, or their employees. The City of Waterloo makes no wamnt , express or Implied, as to Ma accuracy of the information shown n this map, and expressly disclaims liability for the cty thereof. Users should refer to official plats, surreys, recorded deeds, etc. located at the Black Hawk County Assessor's Office for complete a. accurate information. San Marnan Dr 200 Feet Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-327 RESOLUTION APPROVING APPLICATION WITH JOHN ROOFF FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW TWIN HOME VALUED AT $275,000.00 FOR PROPERTY LOCATED AT 725-727 SONYA DRIVE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, John Rooff has submitted an application dated April 28, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions for the construction of a new twin home valued at $275,000.00 for property located at 725- 727 Sonya Drive, more fully described as follows: Lot No. 10 in Sturdy Addition to Waterloo, Iowa. Subject to restrictions, easements, 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 improvements are 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% 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 5th day qfj May, 2014. ATTEST: uzy Sc ares, CMC City Cl-rk '1;V7 Ernest G. Clark, ayor TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY ' -1 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 01Q 03 8400 1346 opy - Department NAME(S) AND POSITION(S): Michelle Weidner, Chief Financial Officer DATE: 4/3/2014 NAME OF CLASS / MEETING: Gov't Finance Officers Assn Annual Conference DESTINATION: Minneapolis, MN DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 5/18/2014 RETURN DATE: 5/21/2014 DATE(S) OF MEETING: 5/18/2014 — 5/22/2014 PURPOSE OF TRAVEL/TRAINING: Attend annual training in governmental accounting and finance issues. Due to the timing of the Moody's bond rating trip, I will ride with others to Minneapolis May 18, fly from Minneapolis to Chicago for Moody's rating presentation and ride back to Waterloo with Speer representatives. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: x CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 680.00 LODGING 175.00 MEALS 425.00 REGISTRATION 50.00 TAXI PARKING 150.00 AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 1,480.00 BUDGET LINE ITEM: 010 03 8400 1346 x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 1,480.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST L/71,tE � (iI , -> DEPARTMENT HEAD MAYOR '/-043-1/4/ DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 DATE �i ,61/4 TRAVEL REQUEST CITY OF WATERLOO NAME(S) AND POSITION(S): Craig Hintzman, Signal Tech II; Brandon Hodgin, Signal Tech I; Jeremiah Luck, Equipment Operator FINANCE DEPT. LINE ITEM USED FY ,;>/Il BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY : TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY 010-11-1160-1528 11-PRO-PDK9 UNE ITEM USED FY _2014_ BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE tib .36.6": 3 5— /t3Vuc'` NAME(S) AND POSITION(S): Sergeant Gus Farmer, Officer Al Bovy, and Officer Steve Bose DATE: Cep? D....a i,e .+ April 21, 2014 NAME OF CLASS / MEETING: K9 Selection DESTINATION: Denver, Indiana DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: May 13,2014 Return Date: May 15,2014 DATE(S) OF MEETING: May 13-15,2014 PURPOSE OF TRAVEL: Captain Leibold is requesting authorization to send Sergeant Gus Farmer, Officer Al Bovy, and Officer Steve Bose to the Vohne Liche Kennels on May 13-15, 2014 in Denver, Indiana for the purpose of selecting a new K9 for the Waterloo Police Department. The Officers will travel to the kennels where they will evaluate numerous different dogs. Officer Bovy will handle the dogs and participate with the dog in the testing process while the Other Officers evaluate each dog before making a selections and purchasing a new dog for the K9 unit. The Officers will require a city vehicle to drive to the location. The funds for this travel will be paid out of the K9 fund. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $500.00 LODGING $384.00 MEALS $0.00 REGISTRATION $150.00 MILEAGE/FUEL TOTAL FOR ALL: $ 1034.00 Rental car PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 344.66 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST 6"/#6,' DEPARTMENT HEAD MAYOR 9—z3 OILf ' �> o?DCq DATE DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY 010-11-1160-1346 LINE ITEM USED 11PRO ICAC FY _2014_ BUDGETED /55:3,00 EXPENDED YTD THIS REQUEST /y`S3. Ou LEFT AFTER THIS REQUEST c NAME(S) AND POSITION(S): Inv. Jeremy Pohl DATE: DATE 711/.;_d 4 3 :Zo/y' g. , April 21, 2014 NAME OF CLASS / MEETING: ICAC Internet Evidence Finder Training DESTINATION: Neenah, Wisconsin DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: June 9,2014 Return Date: June 11,2014 DATE(S) OF MEETING: June 10-11,2014 PURPOSE OF TRAVEL: Sgt. McClelland is requesting authorization to send Inv. Jeremy Pohl to the ICAC Internet Evidence Finder Training on June 10-11, 2014 in Neenal, Wisconsin. The Internet Evidence Finder (IEF) is a computer program, purchased by the state ICAC Task Force for our use, that recovers internet artifacts and application based data from forensic image files, Hard drives, folders, and files. Iowa ICA C will reimburse the city of Waterloo for registration, lodging, and a portion of the meals. A city vehicle will be required to drive to the location. This training was approved by council on 1/13/14 but was cancelled by the vender. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: METHOD OF TRAVEL: x COST $ YES NO CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $250.00 LODGING Rental car $113.00 MEALS PARKING $1040.00 REGISTRATION AIRFARE $150.00 MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 1553.00 BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 1553.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT H AD MAYOR I APPROVE THIS TRAVEL REQUEST DATE 23/' _li 5, ;21) DATE TRAVEL, REQUEST CITY OF WATERLOO NAME(S) AND POSITION(S): Mark Brandes — CMOM Specialist Laura Wolff — Clerk I FINANCEIEPT. LINE ITEM USED FYvl IL/BU DGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Ori. final - Clerk/Finance STAFF ONLY /4‘57-410 /36/6 34, 14, X3./7 1v "•�-.2ei/'. Co y - Department NAME OF CLASS I MEETING: Basic ArcGis Two Day Training Workshop DEPARTURE DATE: May 94, 95 DATE: 4/23/2094 DESTINATION: DEPARTURE POINT IF NOT WATERLOO: UNI Cedar Falls, Iowa RETURN DATE: May 94, 95 PURPOSE OF TRAVEUTRAINING: Education and training on using ArcGIS software etc. DATE(S) OF MEETING: May 14, 15 WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: METHOD OF TRAVEL: x CITY VEHICLE AIRFARE COST $ YES NO DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: LODGING MEALS 3Gq(g $182-43 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ $364.86 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 520-14-5200-1346 YES NO YES NO GRANT REIMBURSABLE REQUIRED CERTIFICATION TOTAL: $ /232,(1-2). PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO r% mss/ DEPARTMEN'' HEA DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 17IAshe/ I APPROVE THIS TRAVEL REQUEST MAYOR v (/5 0201v DATE TRAVEL REQUEST CITY OF WATERLOO NAME(S) AND POSITION(S): Buck Clark, Mayor FINANCE DEPT. STAFF ONLY LINE ITEM USED FY YU Li BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance riEL> 6*;4 4.3G e- 6 e'd G iG'I 4,1 7),4- Copy - Department NAME OF CLASS / MEETING: DATE: April22, 2014 Mayors' Volunteer Awards Luncheon; Mayors' Top Teen Awards Reception DEPARTURE DATE: 4/22/14 PURPOSE OF TRAVEL: RETURN DATE: 4/22/14 DESTINATION Waterloo, IA DEPARTURE POINT IF NOT WATERLOO: DATE(S) OF MEETING: 4/22/14 Annual Mayors' Volunteer/Top Teen Awards presentations (City's share of expenses). WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: METHOD OF TRAVEL: x CITY VEHICLE ESTIMATE OF COST: LODGING 600.00 MEALS AIRFARE x COST $ YES NO PRIVATE VEHICLE DEPARTING FROM: Waterloo REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 600.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-02-8100-1345 YES YES NO TOTAL: $ x GRANT REIMBURSABLE NO x REQUIRED CERTIFICATION PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST 14/1 MAYOR DATE TRAVEL REQUEST CITY OF WATERLOO NAME(S) AND POSITION(S): Buck Clark, Mayor Michelle Weidner, CFO FINANCE DEPT. STAFF ONLY LINE ITEM USED 41/y C ir'95c:) /75?) FY 1= =i• BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST 9'? //A DATE -7, -6.74-,:?:z.--2z://1‘ Original - Clerk/Finance Copy - Department NAME OF CLASS / MEETING: DATE: April 22, 2014 Meet with Moody's Investor Services DEPARTURE DATE: 5/21/14 DESTINATION Chicago, IL DEPARTURE POINT IF NOT WATERLOO: PURPOSE OF TRAVEL: RETURN DATE: 5/23/14 DATE(S) OF MEETING: 5/22 & 5/23 Meet with Moody's Investor Services. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: METHOD OF TRAVEL: x CITY VEHICLE x COST $ YES NO AIRFARE DEPARTING FROM: Waterloo PRIVATE VEHICLE ESTIMATE OF COST: 250 each LODGING TAXI 70 each MEALS 50 PARKING REGISTRATION AIRFARE 150 MILEAGE/FUEL 50 MISC/TOLLS TOTAL FOR ALL: $ 890.00 BUDGET LINE ITEM: 414-03-8980-1750 x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 445.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST DEPARTMENT HEAD MAYOR DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 DATE CITY OF WATERLOO Council Communication City Council Meeting: May 5, 2014 Prepared: April 28, 2014 Dept. Head Signature. # of Attachments: SUBJECT: Appointment of Mark Bagenstos to the position of Equipment Operator II (Street Department) from the current Civil Service List. This appointment is effective May 6, 2014 pending completion of pre-employment physical_ Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approve Appointment Summary Statement: The Human Resources Committee approved filling this vacancy at their December 9, 2014 meeting. The Civil Service Commission certified the list for this position at their April 25, 2014 meeting. Expenditure Required: $23.98 per hour Source of Funds: Road Use Tax Policy Issue Alternative Background Information: This vacancy was created by the retirement of an Equipment Operator II Street Department Mechanic (Haag) The Personnel Requisition Committee approved the filling of this position on December 2, 2013. The Human Resource Committee approved the filling of this position on December 9, 2013. The Civil Service Commission certified the list of applicants at their April 25, 2014 meeting. CITY OF WATERLOO Council Communication City Council Meeting: May 5, 2014 Prepared: April 28, 2014 Dept. Head Signature: Dennis Clark # of Attachments: 1 SUBJECT: Iowa Public Official Bond for Board of Trustees Member Submitted by: Dennis Clark, General Manager of Waterloo Water Works Recommended City Council Action: Receive and place on file the Iowa Public Official Bond for Trustee Terry Kuntz (Consent Agenda Item) Summary Statement: The Board of Trustees of the Waterloo Water Works approved the Bond at their regular Board meeting on April 23, 2014. Expenditure Required: No City funds are required for this action. The Water Works pays for the cost of the Bond. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Policy Issue: Alternative: Background Information: The original signed Bond form is filed at the Waterloo City Clerk's Office with copies at the offices of the Waterloo Water Works. MERCHANTS BONDING COMPANY 2100 FLEUR DRIVE • DES MOINES, IOWA 50321-1158 (515) 243-8171 • (515) 243-3854 FAX IOWA PUBLIC OFFICIAL BOND Bond No. IA 562414 KNOW ALL PERSONS BY THESE PRESENTS: That we, TERRY KUNTZ as Principal, and MERCHANTS BONDING COMPANY (Mutual), a corporation duly licensed to do business in the State of Iowa, as Surety, are held and firmly bound unto the City of Waterloo , State of Iowa in the sum of Five Thousand Dollars ( $5,000.00 ) DOLLARS, lawful money of the United States, for the payment of which, well and truly to be made, we hereby bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally by these presents. THE CONDITION OF THIS OBLIGATION IS SUCH, That whereas, the above bounden Principal having been duly elected or appointed to the office of Trustee in and for the City of Waterloo and State of Iowa for the term beginning on 12th day of June , 2014 and ending on 12th day of June , 2016 . he/she will render a true account of his/her office and of his/her doings therein to the proper authority, when required, or by law; that he/she will promptly pay over to the officer or person entitled thereto all moneys which may come into his/her hands by virtue of his/her office; that he/she will promptly account for all balances of money remaining in his/her hands at the termination of his/her office; that he/she will exercise all reasonable diligence and care in the preservation and lawful disposal of all money, books, papers, securities, or other property appertaining to his/her said office, and deliver them to his/her successor or to any other person authorized to receive the same; and that he/she will faithfully and impartially, without fear, favor, fraud or oppression, discharge all duties now or hereafter required of his/her office by law, and the securities on such bond shall be liable for all money or public property that may come into the hands of such officer at any time during his/her possession of such office, then this bond to be void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, that regardless of the number of years this bond may remain in force and the number of claims which may be made against this bond, the liability of the Surety shall not be cumulative and the aggregate liability of the Surety for any and all claims, suits, or actions under this bond shall not exceed the amount stated above. Any revision of the bond amount shall not be cumulative. PROVIDED, FURTHER, that this bond may be canceled by the Surety by sending written notice to the party to whom this bond is payable stating that, not less than thirty (30) days thereafter, the Surety's liability hereunder shall terminate as to subsequent acts of the Principal. Signed this 1st STATE OF IOWA P `C%,C \-\Ck.a I, TERRY KUNTZ of April 2014 Merciants Bonding Company (Mutual) PRINCIPAL OATH OF OFFICE County, ss. solemnly swear that I will support the Constitution of the United States and the Constitution of the State of Iowa, and that I will faithfully and impartially to the best of my ability discharge the duties of the office of Trustee in City of Waterloo as now or hereafter ce �/� Principal Subscribed and sworn to before me this 03,'"-� day of PO 0103 IA (1/09) CARLA MANAHL to Public COMMISSIONN Idfl.78i81 rY 131(a y COMMISSION E�X�PIRE� 'mmission expires ()e Cr' Al D t(]ABER 19, " LC, MERCHANTS BONDING COMPANY.. POWER OF ATTORNEY for Company Employees Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint the following company employees, individually, Bond #: IA 562414 Andrea Coon of Des Moines and State of Iowa their true and lawful Attorney -in -Fact, with full power and authority hereby conferred in their name, place and stead, to sign, execute, acknowledge and deliver in their behalf as surety any and all bonds, undertakings, recognizances or other written obligations in the nature thereof, subject to the limitation that any such instrument shall not exceed the amount of: Unlimited and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 19thday of February , 2014 ,li Yif f, STATE OF IOWA COUNTY OF POLK ss. L � .-0-.c: 0-•2003 •,' 'I 1fII I Ia#•{�A�Fil MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. President On this 19th day of February , 2014 , before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. MARANDA GREENWALT ji: Commission Number 770312 My Commission Expires W1' October 28 2014 STATE OF IOWA COUNTY OF POLK ss. Notaty Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1st day of April , 2014 �.�•".,5 tO t1q< • ..0\9- . Cpl• —4- t7 ; 1. • a • R` : ... .1..,-,...c„, - xt 3 : .,E' 1933 �' c Secretary • ••J • . • _.....»its • • m POA 0015 (11/11) CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 April 30, 2014 Mayor Buck Clark and City Council City Hall Waterloo, IA 50703 Dear Mayor Clark and Council Members: I have examined the bonds filed with the City Clerk/Auditor's Office up to the close of business on April 30, 2014. Of the 12 bonds submitted, were approved and were rejected, as shown on the attached list. Very truly yours, David R. Zellhoefer Assistant City Attorney DRZ:sda CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer RIGHT OF WAY 62016932 IA 580365 7900401025 7900383696 BD 0000430709 W150021970 7900386224 BD 0000546559 IA 577859 95 CS 9220 2 RLI0513265 IA578015 BONDS FOR COUNCIL APPROVAL MAY 5, 2014 CONSTRUCTION BOND (EXPIRES 4/30/15) PROGRESSIVE CONCRETE, INC. WHITNEY BUILDERS, INC. WHOLE EXCAVATION, LLC CEDAR VALLEY RENOVATIONS, LLC MARK RUSSELL DBA RUSSELL CONSTRUCTION RONALD DEW DBA RON'S CONSTRUCTION BOULDER CONTRACTING TURN KEY ASSOCIATES, LLC MOEN CONCRETE, INC. QUICK CONSTRUCTION B.C. CONSTRUCTION, INC. COMMUNICATION TECHNOLOGIES, LLC. AMOUNT: $5,000.00 CEDAR RAPIDS, CEDAR FALLS, HUDSON, WATERLOO, WATERLOO, LA PORTE CITY, GRUNDY CENTER, WATERLOO, JANESVILLE, WATERLOO, CEDAR FALLS, DESMOINES, IA IA IA IA IA IA IA IA IA IA IA IA Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward S BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERL 0, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning & Develoy;meet Director Council Communication City Council Meeting: April 21, 2014 Prepared: April 16, 2014 % Dept. Head Signature: # of Attachments: SUBJECT: Request to preliminarily approve plans, specifications, form of contract, etc., and to set a date of public hearing for May 5, 2014, and publish an official notice pertinent to the taking of bids and request to receive and open the bid proposals for Asbestos Abatement Services for properties located at 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 425 Almond Street. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution setting date of hearing as May 5, 2014 to approve Request for Proposals for Asbestos Abatement Services at 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 425 Almond Street, and instruct City Clerk to publish notice. Summary Statement: These properties where acquired through the Iowa Code 657A and staff is now preparing to demolish them. State code requires that the asbestos must be abated prior to demolition after a survey has been completed by a certified asbestos company. Expenditure Required: To be determined Source of Funds: The asbestos abatement activities of this site will be undertaken by the City of Waterloo using G.O. funds, for nuisance abatement. Policy Issue: Nuisance abatement and infill -development Alternative: N/A cc: NOEL C. ANDERSON, Community Planning & Development Director RUDY JONES-, Community Development Director CITY WEBSITE: www.ci.water1oo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of Request for Proposals for ASBESTOS ABATEMENT SERVICES FOR THE FOLLOWING PROPERTIES: 3137 INDEPENDENCE AVENUE, 2375 INDEPENDENCE AVENUE, 4012 LEVERSEE ROAD, AND 425 ALMOND STREET Sealed Request for Proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of said City on the 5th day of May, 2014, until 4:00 p.m., for Asbestos Abatement Services for the following properties: 3137 Independence Avenue, 2375 Independence Avenue, 4012 Lev- ersee Road, and 425 Almond Street. Notice is hereby given that the Council of the City of Waterloo, Iowa will conduct a public hearing on the Request for Proposal document, plans, specifications, form of contract, etc. for Asbestos Abatement Services for the following properties: 3137 Independence Avenue, 2375 Independence Avenue, 4012 Lev- ersee Road, and 425 Almond Street at 5:30 p.m. on May 5, 2014, in the Law Court Theater, Waterloo Center for the Arts Waterloo, Iowa. The proposed Request for Proposal document, plans, specifications, form of contract, etc. is on file in the office of the City Clerk for public examination. 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 Waterloo this 21st day of April, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing & Notice to Bidders — Asbestos Abatement Services Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 25th day of April, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $19.89 Signed Subscribed and sworn to before me this Day of A.D., 20 iq G 17)q -q Received of Notary Public the sum of Dollars. In full for publication of the above notice. JODI E MRCKINS1 COMMISSION M0.7£1 '" i MY CCM I Sf • Al DC a ,0 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large 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: April 21, 2014 Prepared: April 16, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Request to set a date of hearing for a lease agreement with Janet Kendall -Post for a period of 10 years for property located on Riverside Drive just west of 903 Riverside Drive. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval Summary Statement: Transmitted herewith is the request that the City approve a lease agreement (renewal) with Janet Kendall -Post for property located on Riverside Drive just west of 903 Riverside Drive. Janet Kendall -Post is the owner of 903 Riverside Drive, which is abutting the land to be leased from the City, which was acquired through the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project (flood buyout). Therefore, staff would request that the City Council approve the lease agreement with Janet Kendall -Post, to use and occupy the land in question. Expenditure Required: None. Source of Funds: N/A Policy Issue: Property Management Alternative: Background Information: The property in question is deed restricted and must be owned and maintained by the City of Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the terms of the lease are not in conflict with the deed restrictions. The applicant leased the property in 2012 and 2013 and is again requesting to lease the property. The proposed lease indicates a requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have been added as an exhibit to the lease. The lease is proposed at a rate of $1.00, and the CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer term of the lease is until December 31, 2024. It was indicated when the lease was approved last year that if both parties are in agreement and we are not aware of any issues surrounding the lease, that future renewal periods could have longer terms, which is why the 10 year term is being proposed this year. There were no known issues with the lease. Lease of the property allows the applicant to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. Legal Description: See attached Exhibit "A". cc: Noel Anderson, Community Planning & Development Director —file— STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING ON A LEASE OF PROPERTY LOCATED ON RIVERSIDE DRIVE JUST WEST OF 903 RIVERSIDE DRIVE WITH JANET KENDALL-POST TO WHOM IT MAY CONCERN: Notice is hereby given that on the 5th day of May, 2014, at 5:30 p.m. in the Law Court Theater at Waterloo Center for the Arts, 225 Commercial Street, Waterloo, IA, a public hearing will be held by the Council of the City of Waterloo, Iowa, to approve a Lease Agreement with Janet Kendall -Post for a period of ten (10) years for property located on Riverside Drive just west of 903 Riverside Drive, legally described as: Lots Nos. 1 and 2 in Block No. 7 in Division "A", Cedar River Park, Waterloo, Iowa; And A part of Division "C" in Cedar River Park in Waterloo, Iowa, described as follows, to -wit: Commencing at the Northeast corner of Lot No. 1 in Block No. 7 in Division "A" in Cedar River Park, Waterloo, Iowa, thence running North along an extension of the East line of said Lot No. 1 to its intersection with a Westerly extension of the North line of Lot No. 4 in Block 36 in Auditor Rainbows Cedar River Park Plat No. 2; thence running Westerly along the extension of the North line of Lot No. 4 in said Block 36 approximately 80 feet to its intersec- tion with a Northerly extension of the West line of Lot No. 2 in said Block No. 7; thence Southerly along said extension of the West line of said Lot No. 2 to the Northwest corner of said Lot No. 2; thence Easterly along the Northerly lines of Lots Nos. 2 and 1 in said Block No. 7 to place of beginning. The lease area described above is subject to all utility easements and easements of record for ingress and egress. 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 Waterloo this 21st day of April, 2014. Suzy Schares, CMC City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing - 903 Riverside Dr. — Janet Kendall - Post Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 25th day of April, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $26.83 C/m-Trv7 G Signed Subscribed and sworn to before me this Day of (/hdf x'11 Received of A.D., 20 Notary Public the sum of Dollars. In full for publication of the above notice. kr,•� .e , JODI E MCKII4STIT COMMISSION NO 782413 MY CCP E3 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703, (319) 291-4323. RESOLUTION NO. 2014-328 RESOLUTION APPROVING LEASE AGREEMENT WITH JANET KENDALL-POST AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Lease Agreement dated May 5, 2014, in the amount of $1.00 for a term ending December 31, 2024, for property located on Riverside Drive just west of 903 Riverside Drive, by and between Janet Kendall -Post 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 5th day of May, 2014. ATTEST: Suzy Scha City Cler es, CMC Ernest G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large 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: April 21, 2014 Prepared: April 16, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Request to set a date of hearing for a lease agreement with Darlyne Yagla for a period of 10 years for property located on Riverside Drive just south of 509 Riverside Drive. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval Summary Statement: Transmitted herewith is the request that the City approve a lease agreement (renewal) with Darlyne Yagla for property located on Riverside Drive just south of 509 Riverside Drive. Yagla is the owner of 509 Riverside Drive, which is abutting the land to be leased from the City, which was acquired through the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project (flood buyout). Therefore, staff would request that the City Council approve the lease agreement with Darlyne Yagla, to use and occupy the land in question. Expenditure Required: None. Source of Funds: N/A Policy Issue: Property Management Alternative: Background Information: The property in question is deed restricted and must be owned and maintained by the City of Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the terms of the lease are not in conflict with the deed restrictions. The applicant leased the property in 2012 and 2013 and is again requesting to lease the property in. The proposed lease indicates a requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have been added as an exhibit to the lease. The lease is proposed at a rate of $1.00, and the CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer term of the lease is until December 31, 2024. It was indicated when the lease was approved last year that if both parties are in agreement and we are not aware of any issues surrounding the lease, that future renewal periods could have longer terms, which is why the 10 year term is being proposed this year. There were no known issues with the lease. Lease of the property will allow the applicant to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. Legal Description: See attached Exhibit "A". cc: Noel Anderson, Community Planning & Development Director --file— STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING ON A LEASE OF PROPERTY LOCATED ON RIVERSIDE DRIVE JUST SOUTH OF 509 RIVERSIDE DRIVE WITH DARLYNE YAGLA TO WHOM IT MAY CONCERN: Notice is hereby given that on the 5th day of May, 2014, at 5:30 p.m. in the Law Court Theater at Waterloo Center for the Arts, 225 Commercial Street, Waterloo, IA, a public hearing will be held by the Council of the City of Waterloo, Iowa, to approve a Lease Agreement with Darlyne Yagla for a period of ten (10) years for property located on Riverside Drive just south of 509 Riverside Drive, legally described as: Lot 4 in Block 4 in Division "A" and a tract of land adjoining said Lot 4 described as follows: Beginning at the Northwesterly corner of said Lot 4; thence Southerly along the West line of said Lot 4 to the Southwesterly corner of said Lot 4; thence West on a continuation of the South line of said Lot 4 to the boundary line along the Northeasterly Bank of the Cedar River established by the Boundary Commission appointed by the District Court of Black Hawk County, Iowa; thence Northwesterly along said boun- dary line to a point where the North line of said Lot 4, if extended in a Westerly direction, would intersect said boundary line; thence East to the place of beginning; and That part of vacated Riehl Street located West of the Westerly line of vacated Riverside Drive; All in Cedar River Park in the City of Waterloo, Iowa. The lease area described above is subject to all utility easements and easements of record for ingress and egress. 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 Waterloo this 21st day of April, 2014. Suzy Schares, CMC City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing — 509 Riverside Dr. — Darlyne Yagla Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 25th day of April, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $25.91 ;?,rNf,__ Signed Subscribed and sworn to before me this Day of A.D., 20 14 qc) (Y2i64Lth Notary Public Received of the sum of Dollars. In full for publication of the above notice. JODI E MCKINSTFi`i COMM!SSPON NO.ai?24t 7v CG( ,,: BES Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703, (319) 291-4323. RESOLUTION NO. 2014-329 RESOLUTION APPROVING LEASE AGREEMENT WITH DARLYNE YAGLA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Lease Agreement dated May 5, 2014, in the amount of $1.00 for a term ending December 31, 2024, for property located on Riverside Drive just south of 509 Riverside Drive, by and between Darlyne Yagla 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 5th day of May, 2014. ATTEST: Suzy Schar City Clerk est G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMI T At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 7-15 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: April 21, 2014 Prepared: April 16, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Request to set a date of hearing for a lease agreement with George A. Ryan and Loretta R. Ryan for a period of 10 years for property located on Riverside Drive just east of 727 Riverside Drive. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval Summary Statement: Transmitted herewith is the request that the City approve a lease agreement (renewal) with George A. Ryan and Loretta R. Ryan for property located on Riverside Drive just east of 727 Riverside Drive. Ryan's are the owners of 727 Riverside Drive, which is abutting the land to be leased from the City, which was acquired through the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project (flood buyout). Therefore, staff would request that the City Council approve the lease agreement with George A. Ryan and Loretta R. Ryan, to use and occupy the land in question. Expenditure Required: None. Source of Funds: N/A Policy Issue: Property Management Alternative: Background Information: The property in question is deed restricted and must be owned and maintained by the City of Waterloo as green space. The City of Waterloo is allowed to lease buyout property, as long as the terms of the lease are not in conflict with the deed restrictions. The applicants leased the property in 2012 and 2013 and are again requesting to lease the property. The proposed lease indicates a requirement that the lessee shall not use the property in any manner that is contrary to the deed restrictions, and a copy of the deed restrictions have been added as an exhibit to the lease. The lease is proposed at a rate of $1.00, and the CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer term of the lease is until December 31, 2024. It was indicated when the lease was approved last year that if both parties are in agreement and we are not aware of any issues surrounding the lease, that future renewal periods could have longer terms, which is why the 10 year term is being proposed this year. There were no known issues with the lease. Lease of the property allows the applicants to use the area as an extension of their existing yard, and requires that the lessee be responsible for all maintenance, including mowing the grass and snow removal. Because of the deed restrictions the property is unbuildable, and leasing it will avoid the City from having to pay to do mowing and snow removal. Legal Description: See attached Exhibit "A". cc: Noel Anderson, Community Planning & Development Director —file— STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING ON A LEASE OF PROPERTY LOCATED ON RIVERSIDE DRIVE JUST EAST OF 727 RIVERSIDE DRIVE WITH GEORGE A. AND LORETTA R. RYAN TO WHOM IT MAY CONCERN: Notice is hereby given that on the 5th day of May, 2014, at 5:30 p.m. in the Law Court Theater at Waterloo Center for the Arts, 225 Commercial Street, Waterloo, IA, a public hearing will be held by the Council of the City of Waterloo, Iowa, to approve a Lease Agreement with George A. and Loretta R. Ryan for a period of ten (10) years for property located on Riverside Drive just east of 727 Riverside Drive, legally described as: Lots Nos. 3 and 4 in Block No. 7 in Division "A", Cedar River Park, Waterloo, Iowa; And A part of Division "C" in Cedar River Park in Waterloo, Iowa, described as follows, to -wit: Commencing at the Northwest corner of Lot No. 4 in Block No. 7 in Division "A" in Cedar River Park, Waterloo, Iowa, thence running North along an extension of the West line of said Lot No. 4 to its intersection with a Westerly extension of the North line of Lot No. 4 in Block 36 in Auditor Rainbows Cedar River Park Plat No. 2; thence running Easterly along the extension of the North line of Lot No. 4 in said Block 36 approximately 80 feet to its intersec- tion with a Northerly extension of the East line of Lot No.3 in said Block No. 7; thence Southerly along the extension of the East line of said Lot No. 3 to the Northeast corner of Lot No. 3 in said Block No.7; thence Westerly and South- westerly along the Northerly lines of Lots Nos. 3 and 4 in said Block No. 7 to place of beginning. The lease area described above is subject to all utility easements and easements of record for ingress and egress. 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 Waterloo this 21st day of April, 2014. Suzy Schares, CMC City -Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing — 727 Riverside Dr. — George & Loretta Ryan Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 25th day of April, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $27.29 Co- Lf Signed Subscribed and sworn to before me this a Day of A.D., 20 14 - Received of Notary Public the sum of Dollars. In full for publication of the above notice. >•;" •y ,0 JODI E MCKlNSTRY COMMISSION NO.782413 TMYCG `I" s Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA, 50703, (319) 291-4323. RESOLUTION NO. 2014-330 RESOLUTION APPROVING LEASE AGREEMENT WITH GEORGE A. RYAN AND LORETTA R. RYAN AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Lease Agreement dated May 5, 2014, in the amount of $1.00 for a term ending December 31, 2024, for property located on Riverside Drive just east of 727 Riverside Drive, by and between George A. Ryan and Loretta R. Ryan 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 5th day of May, 2014. ATTEST: Suzy Sch res, CMC City Cle k CITY OF WATERLOO Council Communication City Council Meeting: April 21, 2014 Prepared: April 15, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Set Date of Hearing and Opening of the Bids for Video Detection System: 1-380 Ramps @San Marnan Dr. 1-380 @ Mitchell Ave. Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Resolution setting date of public hearing and opening of bids as May 5, 2014 and instruct City Clerk to publish Notice to Bidders. Summary Statement: The installation will done in-house Expenditure Required: $39,600 Source of Funds Iowa: IDOT Policy Issue Alternative Background Information: Video detection system will replace loops that will be destroyed as part of construction activities. August 2013 IOWA DEPARTMENT OF TRANSPORTATION Preconstruction Agreement For Primary Road Project County City Project No. Iowa DOT Agreement No. Staff Action No. Black Hawk Waterloo I MX -380-7(110)68--02-07 2014-6-171 N/A This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT', and the city of Waterloo, Iowa, a Local Public Agency, hereafter designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The DOT proposes to establish or make improvements to 1-380 within Black Hawk County, Iowa; and The DOT and the. LPA are willing to jointly participate in said project, in the manner hereinafter provided; and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1. Project Information a. The DOT will design, let, and inspect construction of the following described project in accordance with the project plans and DOT standard specifications: Hot Mix Asphalt(HMA) resurfacing on 1-380 from River Forest Road to Mitchell Avenue. b. As part of the project, the LPA has -requested installation of video detection cameras in lieu of replacing the signal loop detectors at the northbound Mitchell Avenue and San Mamen exit ramp terminals within the city. The LPA will be responsible for the installation of the video detection cameras. The DOT will reimburse the city for the equivalent cost of replacing the loop detectors. (See Exhibit A for location and Exhibit B for costs). 2. Project Costs a. The DOT shall reimburse the LPA for its share of the project costs estimated at $39,600, as shown in Exhibit B. The amount paid by the DOT upon completion of construction and proper billing by the LPA will be lump sum of equivalent cost to replace the loop detectors as shown in Exhibit B. b. The DOT will bear all costs except those allocated to the LPA under other terms of this Agreement. 3. Traffic Control a 1-380 through -traffic will be maintained during the construction. b. Nighttime ramp closures may be necessary. If so, the DOT will temporarily close the ramp(s) by . formal action in accord with Iowa Code section 306.41. In that case ramp traffic will be detoured as 2414-6-171_Waterloo.docx 1 August 2013 Estimated Quantities & Costs EXHIBIT B Quantity Unit Cost Cost Item Video Detection Camera Upgrade at Existing Signals 8 $10,000 $60,000 Less Iowa DOT reimbursement for $90044 $39,800 Loop Detector Replacement at Existing Signals Estimated LPA Cost $20,400 TOTAL Estimated DOTCost $39,600 2014-6_171 Waterloo.docx 6 August 2013 IOWA DEPARTMENT OF TRANSPORTATION Preconstruction Agreement For Primary Road Project County Black Hawk City Waterloo Project No. 1MX-380-7 110 68-02-07 Iowa DOT Agreement No. 2014.-6.171 Staff Action No. N/A This Agreement, is entered into by and between the Iowa Department of Transportation, designated the "DOT', and the city of Waterloo, Iowa, a Local Public Agency, hereafter designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable, hereinafter g The DOT proposes to establish or make improvements to 1-380 within Black Hawk County, Iowa; and The DOT and the LPA are willing to jointly participate in said project, in the manner hereinafter provided; and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1, Project Information a. The DOT will design, let, and inspect construction of the following described project in accordance with the project plans and DOT standard specifications: Hot Mix Asphalt(HMA) resurfacing on 1-380 from River Forest Road to Mitchell Avenue. b. As part of the project, the LPA has -requested installation of video detection cameras in lieu of replacing the signal loop detectors at the northbound Mitchell Avenue and San Marven exit ramp terminals within the city. The LPA will be responsible for the installation of the video detection cameras. The DOT will reimburse the city for the equivalent cost of replacing the loop detectors_ (See Exhibit A for location and Exhibit B for costs). 2. Project Costs a. The DOT shall reimburse the LPA for its share of the project costs estimated at $39,600, as shown in Exhibit B. The amount paid by the DOT upon completion of construction and proper billing by the LPA will be lump sum of equivalent cost to replace the loop detectors as shown in Exhibit B. b. The DOT will bear all costs except those allocated to the LPA under other terms of this Agreement 3. Traffic Control a. 1-380 through -traffic will be maintained during the construction. b. Nighttime ramp closures may be necessary. If so, the DOT will temporarily close the ramp(s) by . . formal action in accord with Iowa Code section 306.41. In that case ramp traffic will be detoured as 201 4-6-1 7 7 Waterioo.docx _ 1 Estimated Quantities & Costs Item at Existing Signals Video Detection Camera Upgrade$9Q0 39 600 Less Iowa DOT reimbursement fore^g Signals44 Loop Detector Replacement at Ex Estimated LPA Cost $20,400 $39,600 EXHIBIT B Quanti Unit Cost Cost 6 $10,000 $60,000 TOTAL Estimated DOTCost 6 2014-6-171 Waterloo.docx CONTRACT DOCUMENTS Video Detection System: I-380 Ramps @ San Marnan, 1-380 @ Mitchell CITY OF WATERLOO, IOWA City Project Number: TOF-227 TABLE OF CONTENTS I- NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS 1 RECEIVING OF BIDS 1 PUBLIC HEARING 1 II- FORM OF BID OR PROPOSAL 1 III- SPECIFICATIONS 1 A. GENERAL 1 1. Scope 1 B. DEFINITIONS 1 1. Terms used in these Standard Specifications 1 C. RELATED SPECIFICATIONS AND STANDARDS 1 D. VIDEO DETECTION SYSTEM (VDS) 2 I- NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS NOTICE OF PUBLIC HEARING On Specifications and Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Bids for Purchasing Video Detection System: I-380 Ramps @San Marnan, 1-380 @ Mitchell RECEIVING OF BIDS City of Waterloo is accepting sealed bids for purchasing video detection systems. Sealed will be received by the City Clerk at City Hall, 715 Mulberry St, Waterloo, IA 50703 until May 5, 2014 12:00 noon. Project detail documents are now on file in the office of the City Clerk. PUBLIC HEARING The City Council will conduct a public hearing on the proposed specifications and estimate of cost at 5:30 p.m. on 5/5/2014, in the Council Chambers in the City Hall. You may appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the hearing. Proposals will be opened in open council meeting to be held in the Council Chambers in the City Hall, on May 5, 2014, at 5:30 p.m. The bids will be acted upon on a later date after the proposals have been reviewed and approved. The project involves purchasing video detection system for traffic signal operations. A contract will be awarded to the qualified bidder submitting the most favorable bid considering price among other factors. The City reserves the right to reject any or all bids, re -advertise, waive informalities, and consider proposals along with the bid price. Bids may be held by the City for 30 days from the day of the opening of bids prior to awarding the contract. Liquidated damages will be charged in the amount of $20 per day. CITY OF WATERLOO, IOWA Suzy Schares City Clerk NOTICE OF PUBLIC HEARING PAGE 1 II- FORM OF BID OR PROPOSAL Video Detection System: 1-380 Ramps @San Marnan, 1-380 @ Mitchell CITY OF WATERLOO, IOWA Honorable Mayor and City Council, Waterloo, Iowa The undersigned, being a Corporation existing under the laws of the State of a Partnership consisting of the following partners: having familiarized (himself) (themselves) (itself) with the specifications as well as all the contract documents listed in the Table of Contents, now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, proposes furnish the goods, all in accordance with the above -listed documents for the prices listed below: Total Bid Price in Writing: Total Bid Price: $ (numbers) 1. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids or select a bid that is most advantageous to the City. If notice of the acceptance of this bid is mailed, emailed, faxed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to deliver the goods within 3 weeks to Waterloo Traffic Operations at 650 Glenwood Street, Waterloo, Iowa 50703, and as prescribed in the Contract Documents. Dollars (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. FORM OF BID PAGE 1 ITEM QNTY UNITS UNIT PRICE TOTAL ITEM PRICE 1 Video Detection System Including Cameras, complete 6 EA 2 74" Camera Tube Riser, Bracket, 1 - Piece, Extended Tilt & Pan, Cable Mount, Aluminum, 84" Cable 6 EA 3 Camera Cable, As Per Camera Manufacturer Requirements 900 FT Total Bid Price in Writing: Total Bid Price: $ (numbers) 1. In submitting this bid, the bidder understands that the right is reserved by the City of Waterloo, Iowa, to reject any or all bids or select a bid that is most advantageous to the City. If notice of the acceptance of this bid is mailed, emailed, faxed, or delivered to the undersigned within thirty (30) days after the opening thereof, or at any time thereafter before this bid is withdrawn, the undersigned agrees to deliver the goods within 3 weeks to Waterloo Traffic Operations at 650 Glenwood Street, Waterloo, Iowa 50703, and as prescribed in the Contract Documents. Dollars (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. FORM OF BID PAGE 1 III- SPECIFICATIONS A. GENERAL 1. Scope a. These Specifications cover the work described in the contract documents. It covers furnishing all labor, equipment and materials to deliver the goods as per contract documents. Where reference is made to the codes, standard specifications, supplemental specifications, the safety orders, the general orders, the standards, laws, and ordinances, it shall mean the version of the reference that is in effect on the bid advertising date. All material and equipment shall be provided in accordance with these Specifications. B. DEFINITIONS 1. Terms used in these Standard Specifications a. Specifications means this document titled STANDARD SPECIFICATIONS FOR TRAFFIC SIGNALIZATION" b. Iowa DOT means the Iowa Department of Transportation. c. City means City of Waterloo, Iowa, or its representatives. d. WTOD means City of Waterloo Traffic Operations Department. e. Punch List means a list of items that need to be corrected by the Contractor on the project before the final acceptance can be made. f. Response Time means the elapsed time from when the Contractor is given a notice to take certain actions to the time the Contractor actually starts the action. g. Contractor means the Contractor and/or Contractors representatives and sub -contractors. h. LED means light emitting diode. i. IP means Internet Protocol. j. APS means Accessible Pedestrian Signals. k. Contract Documents means the collection of all the documents prepared for and used in the course of advertising and awarding the contract such as Plans, Standard Specifications, Special Provisions, Form of Contract, Form of Bid, General Conditions of Contract, and all other forms and documents. C. RELATED SPECIFICATIONS AND STANDARDS a. The Contractor shall comply with all of the standards listed below: b. ANSI (American National Standards Institute) Standards. c. ASTM (American Society for Testing Materials) Standards. d. EIA (Electronics Industries Associations) Standards Iowa DOT Standard Specifications for Highway and Bridge Construction, and All Current Supplemental Specifications , in Particular Sections 2402, 2403, 2404, 2405. 2408, 2423, 4187, and Division 26. e. IMSA (International Municipal Signal Association) Standards. f. ITE (Institute of Transportation Engineers) Standards. g. MUTCD - Iowa Manual on Uniform Traffic Control Devices. h. National Electrical Code. i. National Electrical Safety Code. j. NEMA (National Electrical Manufacturers Association) Standards. k. Specifications of the Underwriters Laboratories, Inc. I. TIA (Telecommunications Industries Association) Standards. m. TIA/EIA (Telecommunications Industry Association/Electronic Industries Alliance) 568 PAGE 1 n. NTCIP (The National Transportation Communications for Intelligent Transportation System) Protocol. o. All pertinent local, state and federal laws and regulations covering installation, material, design, construction, and operation. p. The Contractor shall notify WTOD in writing of any discrepancy or ambiguity as to the intent or meaning of the contract documents or Special Provision before starting to work on that area. WTOD will supply the Contractor in writing with the intent. The decision of WTOD shall be final and conclusive. D. VIDEO DETECTION SYSTEM (VDS) a. The Video Detection System and its components, referred to as the VDS, shall be a complete and working system and shall comply with the requirements stated in the following paragraphs: b. The detection system components shall be separate from the camera, shall be provided for each individual camera, shall be designed to be housed inside the cabinet, shall be IP compatible, and shall accept third party -compatible cameras. c. NEMA compatible output to NEMA TS2 Type 1 controller with signal output for detection as NEMA loop detectors. d. Settable and definable loop detection area up to at least 400 feet measured from the camera location at mounting height of 25'. e. Minimum roadway surface coverage within 15 -degree cone of camera vision from camera lens axis measured from the camera mounting location. f. Software and hardware to provide for defining detection area (loops) as small as 6 feet by 6 feet or smaller, and defining large detection areas, minimum of five loops per lane, and minimum of four lanes per camera. g. Detector features shall include count detection, presence and passage detection, speed detection, label displays, data gathering stations, and contrast loss detection. h. Image shall be able to be calibrated for accurate distances. i. Shall have programmable fail-safe feature with fixed time, max time, or min time selection. j. The camera assembly, including mountings, shall withstand 90 mile per hour winds. k. Shall maintain acceptable performance during night hours with no ambient lighting. I. Shall have heating or features to maintain full operability in presence of snow and ice. m. Shall not fog. n. Shall provide all the software and hardware needed to program and run the video detection system from both the cabinet, and remotely from Waterloo Traffic Operations Center. The system shall have a 2 -year warranty. o. Housing shall be maintenance free. p. Shall not cause adverse electronic effect on the controllers operations. q. Shall operate at a mounting height of 20 feet or less, and up to 35 feet or more. r. Provide self -diagnostics of power -up and reporting failures. s. The system shall be capable of recognizing vehicular travel/movement directions. t. Shall have remote zooming capability. u. Shall operate satisfactorily between temperatures ranging from —30 degrees F to 140 degrees F. v. Camera and camera assembly shall have features or shall be designed to reduce the need for manual cleaning of the camera or enclosure lens. PAGE 2 Purchase of Video Detection Cameras for I-380 Ramps at San Marnan Drive and I-380 at Mitchell Avenue May 5, 2014 Bid Tab Estimate: $39,600.00 Bid Security Not Required Bidder Bid Security Bid Amount Douglas Ripley Traffic Control Corp. P.O. Box 1051 Ankeny, IA 50021 N/A $32,625.00 Purchase of Video Detection Cameras for I-380 Ramps at San Marnan Drive and I-380 at Mitchell Avenue May 5, 2014 Bid Tab Estimate: $39,600.00 Bid Security Not Required Bidder Bid Security Bid Amount Douglas Ripley Traffic Control Corp. P.O. Box 1051 Ankeny, IA 50021 N/A 9-0 C] I STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS NOTICE OF PUBLIC HEARING On Specifications and Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Bids for Purchasing Video Detection System: 1-380 Ramps © San Marnan, 1-380 © Mitchell Avenue RECEIVING OF BIDS City of waterloo is accepting sealed bids for purchasing video detection systems. Sealed bids will be received by the City Clerk at City Hat, 715 Mulberry St., Waterloo, IA 50703 until May 5, 2014 12:00 noon. Project detail documents are now on file in the Office of the City Clerk. PUBLIC HEARING The City will conduct a public hearing on the proposed specifications and estimate of cost at 5:30 p.m. on May 5, 2014 in the Law Court Theater at Waterloo Center for the Arts, 225 Commercial Street, Water- loo, IA. You may appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the hearing. Proposals will be opened in open council meeting to be held in the Law Court Theater at Waterloo Center for the Arts, 225 Commercial Street, Waterloo, IA, on May 5, 2014, at 5:30 p.m. The bids will be acted upon on a later date after the proposals have been reviewed and approved. The project involves purchasing video detection system for traffic signal opera- tions. A contract will be awarded to the qualified bidder submitting the most favorable bid considering price among other factors. The City reserves the right to reject any or all bids, re -advertise, waive informalities, and consider proposals along with the bid price. Bids may be held by the City for 30 days from the day of the opening of bids prior to awarding the contract. Liquidated damages will be charged in the amount of $20 per day. CITY OF WATERLOO, IOWA Suzy Schares, CMC City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing & Notice to Bidders — Purchasing Video Detection System —1-380 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 25th day of April, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $24.98 Signed Subscribed and sworn to before me this Day of A.D., 20 '(1. Received of Notary Public the sum of Dollars. In full for publication of the above notice. JODI E MICKINSTRY COMMISSION NO.732-813 MY CCM' pN t ES Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-331 RESOLUTION CONFIRMING APPROVAL OF SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE PURCHASE OF VIDEO DETECTION SYSTEM: I-380 RAMPS AT SAN MARNAN DRIVE AND I-380 AT MITCHELL AVENUE. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Traffic Operations Superintendent of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Video Detection System: I-380 Ramps at San Marnan Drive and I-380 at Mitchell Avenue, in the City of Waterloo, Iowa, and WHEREAS, said Traffic Operations Superintendent did file said preliminary specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Video Detection System: I-380 Ramps at San Marnan Drive and I-380 at Mitchell Avenue, which were preliminarily approved by Resolution No. 2014-281 on April 21, 2014, and 2014. WHEREAS, a public hearing, upon notice, was held on May 5, NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Video Detection System: I-380 Ramps at San Marnan Drive and I-380 at Mitchell Avenue, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 5th day of May, 2014. d,fe nest G. Clark, Mayor ATTEST: Scha 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. 2014-332 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE PURCHASE OF VIDEO DETECTION SYSTEM: I-380 RAMPS AT SAN MARNAN DRIVE AND I-380 AT MITCHELL AVENUE. WHEREAS, by Resolution No. 2014-331, specifications, bid document, form of contract, etc., in conjunction with the Purchase of Video Detection System: I-380 Ramps at San Marnan Drive and I-380 at Mitchell Avenue, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on May 5, 2014 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said purchase proceed in accordance with said specifications. PASSED AND ADOPTED this 5th day of May, 2014. (1‘,7 Ernest G. Clark, Mayor ATTEST: uzy Schaes, CMC City Cler CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: May 5, 2014 April 29, 2014 None FYE2014 Budget Amendment Hearing Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Approve a resolution to set the date of hearing for amendments to the FYE2014 Budget as May 27, 2014. Summary Statement: The City is required under state law to amend the budget prior to exceeding expenditures in any one of the nine program areas; public safety, public works, health and social services, culture and recreation, community and economic development, general government, debt service, capital projects and the proprietary funds (sewer and sanitation). Additional information will be provided prior to the hearing date. Expenditure Required: N/A Source of Funds: Various Policy Issue: expenditures. Comply with state law regarding budgeted Alternative: None Background Information:We are required to publish the estimated budget amendment no more than twenty and no fewer than ten days (excluding holidays) prior to the hearing, which means the budget estimate must be provided to the Waterloo Courier by May 12 and it is expected to be published May 13. CITY WEBSITE: www.cityofwaterlooiowa.com 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. 2014-333 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON AMENDMENTS TO THE CITY OF WATERLOO FYE2014 BUDGET AS MAY 27, 2014, AT 5:30 P.M. IN THE LAW COURT THEATER AT THE WATERLOO CENTER FOR THE ARTS AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet in the Law Court Theater at the Waterloo Center for the Arts in the City of Waterloo, Iowa at 5:30 p.m., on the 27th day of May, 2014, for the purpose of considering and acting on amendments to the FYE2014 Budget. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 5th day of May, 2014. r'nest G. Clark, Mayor ATTEST: uzy Sch:res, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: May 5, 2014 Prepared: April 28, 2014 Dept. Head # of Attachments: SUBJECT: Recommendation - Award of Bid to Bill Colwell Ford for the purchase of three (3) pickup trucks for the Street Department. Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval t Summary. Statement: Recommendation - Award of Bid to Bill Colwell Ford Expenditure Required: $23,351 each ($70,053 total) Source of Funds: 412-19-7100-2117 Policy Issue: N/A Alternative: N/A Background Information: Authorization to seek bids was granted on March 24, 2014. Bids received were: Vendor Address Bid Amount Bill Colwell Ford Hudson, IA $23,351* Lithia Nissan Ames, IA $23,359* Witham Auto Center Waterloo, IA $24,373* Bill Colwell Ford Hudson, IA $25,606 Witham Auto Center Waterloo, IA $26,356 Stew Hansen Dodge Des Moines, IA $26,585 Lithia Nissan Ames, IA $27,326 Rydell Chevrolet Waterloo, IA $29,414 (*) Denotes Alternate Bid Provided Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-334 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF BID TO BILL COLWELL FORD OF HUDSON, IOWA, IN CONJUNCTION WITH THE PURCHASE OF THREE (3) PICKUP TRUCKS FOR THE STREET DEPARTMENT, IN THE AMOUNT OF $23,351.00 EACH FOR A TOTAL OF $70,053.00. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Bill Colwell Ford of Hudson, Iowa, in the amount of $23,351.00 each for a total of $70,053.00, in conjunction with the Purchase of Three (3) Pickup Trucks for the Street Department, be and is hereby accepted. PASSED AND ADOPTED this 5th day of May, 2014. ATTEST: Suzy Sc City Cl ares, CMC rk t G. Clark, Mayor CITY OF WA'I'FRLOO Council Communication City Council Meeting: May 5, 2014 Prepared: April 25, 2014 Dept. Head Signature: Mike Wilsoi # of Attachments: 1 atif SUBJECT: Approval of agreement with Trillion Aviation for professional services, in the amount of $3,700, for Waterloo Regional Airport. Submitted by: Mike Wilson, Airport Director Recommended City Council Action: Approval of agreement with Trillion Aviation of Austin, TX for professional services, in the amount of $3,700, for Waterloo Regional Airport. Summary Statement Expenditure Required: $3,700 Source of Funds: Airport Operations budget Policy Issue Alternative Background Information: Trillion Aviation has been providing air service consultant and other business services for the Waterloo Regional Airport. This agreement covers renegotiation of the expiring car rental leases with Hertz and Avis/Budget. Trillion Aviation has been researching current industry standards in order to provide a lease that conforms to more contemporary standards. The Airport Advisory Board has reviewed and approved this agreement. April 22, 2014 Mr. Mike Wilson Director of Aviation Waterloo Regional Airport 2790 Livingston Lane Waterloo, IA 50703 Dear Mike, Thank you for taking the time to discuss opportunities where Trillion Aviation can assist in providing strategic business support services for the Waterloo regional Airport. Outlined below is a scope of service that would be provided for the rental car negotiations. Rental Car Contract The rental car contract is expiring at the end of this month. In reviewing your current contract, there are a number of areas where the terms and conditions do not follow the current industry standard. They include the concession percentage amount, the establishment and implementation of a Customer Facility Charge (CFC) for payment of capital and operating costs associated with. the rental car operations, cancellation provisions, Minimum Annual Guarantees, and rent. The scope proposed includes the work performed to date on drafting an updated Agreement that conforms to more contemporary standards. In addition, the projected hours to provide research on rates and CFC's charged at airports in the region to determine market position, and internal discussions on terms and conditions for presentation to the industry. For this scope, Trillion proposes a flat fee of $3,700 including the work performed to date. Thank you for considering Trillion of this scope of work. If acceptable, please sign in the space identified below and we will complete a Scope of Work for processing and set a timeline for proceeding. Sincerely, \ ( 61( John DeCoster Senior Vice President Agreed and Accepted Agreed and Accepted Date: Date: 4301 W. William Cannon Dr. • Suite B-150, #293 • Austin, Texas 78749 • www.trillionay.com • 763-234-1725 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-335 RESOLUTION APPROVING AGREEMENT WITH TRILLION AVIATION OF AUSTIN, TEXAS AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated May 5, 2014, in the amount of $3,700.00, for professional services in conjunction with renegotiation of the expiring car rental leases with Hertz and Avis/Budget at the Waterloo Regional Airport, by and between Trillion Aviation of Austin, Texas 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 5th day of May, 2014. de, Ernest G. Clark, Mayor ATTEST: y Sch res, CMC City Cle k Mayor BUCK CLARK COUNCIL MEMBERS 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: May 5, 2014 Prepared: April 30, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Request by Robert and Robin Morelock to plat 8.37 acres into 2 lots DAVID zoned "A-1" Agricultural District, located at 135 E Airline Highway. JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Resolution approving the proposed Minor Plat of 8.37 acres into 2 lots Zoned "A-1" Agricultural District, located at 135 E. Airline Highway, and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Minor plat consists of splitting 3.379 acres (parcel "D"), from the existing 8.37 acre lot. There is an existing home on the 3.379 acre portion at 135 Airline Highway that was built in 1993 and does not meet the minimum lot size of 35 acres for a home built after adoption of the ordinance in 1969. The proposed lot size for 135 Airline Highway is 316' x 465' or 3.379 acres. The house would meet the minimum lot width of 150' and minimum 50' front, and rear yard setbacks, as well as the 25' side yard setbacks. The remaining parcel "E" is 4.992 acres and would be a non -buildable lot. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Land Use Alternative: Background Information NA:cw cc: Noel Anderson, Community Planning and Development Director -file- CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer III REQUEST: APPLICANT(S): GENERAL DESCRIPTION: SURROUNDING LAND USES AND IMPACT ON NEIGHBORHOOD: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: March 4, 2013 Request by Robert and Robin Morelock to plat 8.37 acres into 2 lots zoned "A-1" Agricultural District, located at 135 EAirline Highway. Robert and Robin Morelock,135 E. Airline Highway, Waterloo, Iowa The applicant is requesting to split the existing 8.37 acre parcel into 2 separate parcels to split an existing home on the property onto a separate lot. The request would not appear to have a negative impact on the surrounding area. It would appear that the proposed minor plat would not have a negative impact on surrounding traffic and pedestrian conditions in the area as this section of East Airline Highway sees little traffic. There are no Trails near the site in question. The proposed plat is zoned "A-1" Agricultural District, and has been zoned as such since adoption of the Zoning Ordinance in 1969. The property is located at 135 Airline Highway, in the northeast corner of Airline Highway and Highway 63. The property to the north and east is zoned "A-1" Agricultural. The property to the south is "C-2" Commercial District and "R- 4"Multiple Residence District. To the west is zoned "R-1" Single Family Residence District. No additional screening or buffering is required for this request. It would appear that the proposed plat would not have a negative impact on drainage in the area. The residences directly to the west were developed in 1910 and 1936. The home in question was built in 1993 and it appears that the home was illegally built as homes in the "A-1 District built after 1969 must be on 35 acres. However, the applicants requested a variance to legalize the home which was approved by the Board of Adjustment on February 25, 2013. The area in question is located within the Zone -X, which is not a special flood hazard area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0169F, dated Minor Plat 135 Airline Highway Page 1 of 2 PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: March 4, 2013 July 18, 2011. There are no schools in the immediate area. There is a 12" water main along the north side of East Airline Highway that services the property. There is no sanitary or storm sewers in Airline Highway; the property in question is on a septic tank. The proposed plat is in conformance with the Future Land Use Map for this area, which designates it as low density residential. The Minor plat consists of splitting 3.379 acres (parcel "D"), and 5.101 acres (Parcel "E") from the existing 8.37 acre lot. There is an existing home on the 3.379 acre portion at 135 Airline Highway that was built in 1993 which did not meet the minimum lot size of 35 acres for a home built after adoption of the ordinance in 1969. The proposed lot size for 135 Airline Highway is 316' x 465' or 3.379 acres. The house would meet the minimum lot width of 150' and minimum 50' front, and rear yard setbacks, as well as the 25' side yard setbacks. The remaining parcel "E" is 4.992 acres and would be a non - buildable lot. The proposed minor plat does not meet all requirements as outlined in the Subdivision Ordinance, as the plat does not provide all details required by the Subdivision Ordinance, but is minor in nature, so the additional information would not appear to be needed. Therefore, staff recommends that the Minor Plat of a plat of survey of 135 Airline Highway be approved for the following reasons: 1. The plat is in accordance with the intent of the Subdivision Ordinance. 2. The plat is in accordance with the Comprehensive Plan and Future Land Use Map, which classify this area as Low Density Residential and is designated as the Primary Growth Area. Minor Plat 135 Airline Highway Page 2 of 2 City of Waterloo Planning, Programming and Zoning Commission March 4, 2014 135 E Airline Hwy 2 -Lot Minor Plat Robert & Robin Morelock Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-336 RESOLUTION APPROVING THE REQUEST OF ROBERT AND ROBIN MORELOCK TO PLAT 8.37 ACRES INTO 2 LOTS ZONED "A-1" AGRICULTURAL DISTRICT, LOCATED AT 135 E. AIRLINE HIGHWAY. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Robert and Robin Morelock to plat 8.37 acres into 2 lots zoned "A-1" Agricultural District, located at 135 E. Airline Highway, for the purpose of splitting the existing home on the property onto a separate lot, be and the same hereby approved. PASSED AND ADOPTED this 5th day of May, 2014. Z(!e'edY Ernest G. Clark, Mayor ATTEST: Suzy Schalres, CMC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 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 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: May 5, 2014 Prepared: April 30, 2014 Dept. Head Signature: # of Attachments: 7 SUBJECT: Request to enter into a real estate purchase agreement with Locus Partnership (Richard Jacobi) for the acquisition and purchase of parcel 8913-26- 205-007, located near the intersection of West 2nd Street and Jefferson Street Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request to enter into a purchase agreement with Locus Partnershiop for the acquisition of parcel 8913-26-205-007. The purchase price of the property will be $50,000.00. Possession of the property shall be delivered to Buyer at closing, and the closing shall be within 60 days after approval of this agreement by the City Council. Updating of the abstract for the property shall be at the buyer's expense, and shall be continued within a date of 30 days of the closing. Expenditure Required: $50,000.00. Source of Funds: TIF and Bonds - - Policy Issue: Land acquisition Alternative: N/A Background Information: The City has been actively been purchasing and pursuing property in this area for needed parking associated to the Cedar Valley Sportplex. Legal Description: See attached deed Cc. -- ----Aria Schroeder City Planner --file-- CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer REAL ESTATE PURCHASE AGREEMENT TO: Locus Partnership ("Seller") FROM: City of Waterloo, Iowa ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, consisting of assessor parcel no(s). 8913-26- 205-007; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. EARNEST MONEY AND PURCHASE PRICE. The Purchase Price shall be $50,000.00, of which $100.00 is on deposit with the law firm of Clark, Butler, Walsh & Hamann, to be held in trust. The entire Purchase Price shall be due and payable in full at closing. If this Agreement is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Agreement, then the earnest money held in trust shall be returned to Buyer. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within sixty (60) days after approval of this Agreement by the Waterloo City Council, subject to satisfaction of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date in accordance with the provisions of Iowa Code § 427.2, and any unpaid real estate taxes payable in prior years, either paying Buyer, or giving Buyer a credit, for all of such taxes. Buyer shall pay all subsequent real estate taxes. 4. SPECIAL ASSESSMENTS. assessments which are a lien on the as of the closing date but are not assessments or installments. Seller shall pay at time of closing all installments of special Property as of closing or which can be verified to be owing yet certified as a lien. Buyer shall pay all other special 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to completethe closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: /U 7. CONDITION OF PROPERTY. The Property as of the date of this Agreement, including buildings, grounds, and all improvements, will be preserved by the Seller in its present condition until closing, ordinary wear and tear excepted. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. 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RESOLUTION NO. 2014-337 RESOLUTION APPROVING REAL ESTATE PURCHASE AGREEMENT WITH LOCUS PARTNERSHIP 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 Real Estate Purchase Agreement dated May 5, 2014, for the acquisition of parcel 8913-26-205-007, located near the intersection of West 2nd Street and Jefferson Street, in the amount of $50,000.00, and legally described as follows: Lot No. Nine (9) in Block No. Four (4) in the Original Plat on the West Side of the Cedar River in the City of Waterloo, Black Hawk County, Iowa. The Southeasterly One -Half of Lot No. Three (3) in Block No. Four (4) in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. Lot No. Two (2) in Block No. Four (4) in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa; by and between Locus Partnership 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 5th day of May, 2014. 42( ;7°(10" - Ernest G. Clark, Mayor ATTEST: uzy Scha es, C C City Cler Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PATRICK MORRISSEY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large 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: May 5, 2014 Prepared: April 29, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Request to approve and accept certain acquisition contracts and accepting and approving certain deeds to sell real property to the City of Waterloo for the partial acquisition of right-of-way, and temporary easements from to allow for roadway improvements to Kimball Avenue between Tower Park Drive and Acadia Street, IDOT# STP -U-8155(731)-70-07. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request to approve and accept certain acquisition contracts and accepting and approving certain deeds to sell real property to the City of Waterloo for the partial acquisition of right-of-way, and temporary easements from to allow for roadway improvements to Kimball Avenue between Tower Park Drive and Acadia Street, IDOT# STP -U-8155(731)-70-07. The property owners in question will be compensated the following amounts for the fee title acquisitions and temporary easements: • Prestige, LLC $ 5,326.24 • Farmers State Bank $ 1,895.88 • Bank Iowa $ 1,339.69 • Walgreen Co. $ 3,548.59 • Hurst Holding Co., Inc. $ 22,134.00 • Covenant Medical Center, Inc. $6,019.16 • Kenneth and Patty Budke $ 786.38 • Diane Smith $ 277.30 • Eagle Watch Investments, Inc. $626.09 Please see the attached acquisition contracts, acquisition and temporary easement plats and legal descriptions. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer This is a federal aid project, and the federal portion of the project is 80%, and the City will be funding the remaining 20%. Expenditure Required: Source of Funds: Local Option Funds, Surface Transportation Funds Policy Issue: Transportation, Economic Development, Land Use Alternative: n/a Background Information: Kimball Avenue has long had traffic congestion and delays from Ridgeway Avenue to San Marnan Drive. Implementation of these traffic improvements, which include new signals and turning lanes is set to increase travel time by 50% through the corridor. Legal Description: See attached legal descriptions ta:NA cc: Aric Schroeder, City Planner Eric Thorson, City Engineer —file-- ACQUISITION CONTRACT Parcel Nos. 12 PROJECT Kimball Avenue Improvements Proiect THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of , 201_ by and between Prestige, LLC ("Seller"), and City of Waterloo, Iowa, ("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See legal descriptions attached as Exhibit "A-1" & "A-2", City of Waterloo, State of Iowa, which includes the buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 5,326.24 , based on a fee title value of $4.59 per foot, as itemized on Exhibit "B" attached hereto. Of the Purchase Price, $100.00 is on deposit with the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer: Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price, if Seller is eligible for relocation expenses then it shall also receive relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds $118,800, up to a maximum award of $22,500. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (a) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will fumish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Seller agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property -to -Buy- • •• • • • • - - •, - - • • ear -alt bens, restrictions, and encumbrances except as provided in this Contract. 8. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 10. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to § 1033 of the Internal Revenue Code. 11. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities. In supplementation of the Phase I, Seller agrees, no later , to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 12. This Contract is further subject to the following terms and conditions: (a) Field entrances shall be constructed to Iowa Dep't of Transportation standards. (b) Access points to farm fields will be determined on site with a representative from the consultant. 13. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHEREFORE, the parties have entered into this Acquisition Contract as of the date first set forth above. Prestige, LL By: Its: (Seller name] SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss: SSN or EIN SSN or EIN Acknowledged before me on Q&7/1 7 P by / .(as Seller]. 41TIMANDERA COMMISSION NO. 772518 I ...���++• MY COMMISSION ESFIRES Apri(11, 2016 APPROVAL RECOMMENDED BY: City Planning Staff of otary Public (Date) APPROVED BY: ATTEST: (Mayor) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: (City Clerk) Acknowledged before me on by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. 2 Notary Public EXHIBIT "B" Sa Feet Price Price per square foot (fee interest) = $4.59 Fee acquisition 844 $3,873.96 Temporary easement(s) 3,164 $1,452.28 TOTAL $5,326.24 Prepared by: Gregg E. Sampson, Ament Design. 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 ACQUISITION PLAT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-04-478-046 OWNER: PRESTIGE QUALITY DRY CLEANING 1039 PEOPLES SO. WATERLOO, IA 50702 W. SAN MARNAN DRIVE NE COR LOT 2 P.O.B. KIMBALL AVENUE PROJECT PARCEL NO. 12 LINE TABLE pA S 0"33'36'E © S II"28'20' W © N 3'00'54' E pD N 88"55'59' E 74.66' 64.87' 138.33' 4.90' LEGEND • FD. MONUMENT AS NOTED P.O.B. POINT OF BEGINNING NOTES: D BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 1201D. 21 DISTANCES IN FEET AND DECIMALS THEREON. 1 HEREBY CERTIFY THAT THS IMO SIWVEYWC DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERMSR3N MID THAT I MI A DULY UCENSED PROFESSIONAL LAID SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. GREGG E. SIMPSON, P.L.S. LICENSE NUMBER 14809 MY IUCENSE RENEWAL DATE U DECEMBER 31, 2014 ENTIRE SUBMISSION IS COVERED BY THS SEAL LIMESS SPECIFIED BELOW. _ DATE 0 50 FEET SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE ACQUISITION PLAT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 1039 PEOPLES SQ. WATERLOO, IOWA, 50702 PROJECT PARCEL NO. 12 OWNER: PRESTIGE LLC 1039 PEOPLES SQ. WATERLOO, IOWA 50702 PARCEL NO. 8813-04-478-046 PARCEL DESCRIPTION: ACQUISITION PLAT A PART OF LOT TWO (2), KASPEND ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 0°33'36" EAST ON THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE, 74.66 FEET; THENCE SOUTH 11°28'20" WEST ON SAID RIGHT OF WAY LINE, 64.87 FEEET; THENCE NORTH 3°00'54" EAST, 138.33 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE NORTH 88°55'59" EAST ON SAID NORTH LINE, 4.90 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 844 SQUARE FEET (0.019 ACRES). Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-04-478-046 OWNER: PRESTIGE LLC. 1039 PEOPLES SO. WATERLOO, IA 50702 -L POB KIMBALL AVENUE W. SAN MARNAN DRIVE LINE TABLE pA 5 88°55'59' W 4.90' © N 88'17'23' W 39.98' © N 01°10'46' E 9.72' 0 S 88° 49'14' E 31.65' pE N 86° 58'48' W 5.00' pF N 03° 01'12' E 38.93' © N 88'55'59" E 15.04' EGEND P.O.B. POINT OF BEGINNING NOTES: O BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 (2011). 2) DISTANCES IN FEET AND DECIMALS THEREON. 3) TEMPORARY EASEMENT TO EXPIRE UPON ACCEPTANCE OF IMPROVEMENTS BY THE CITY OF WATERLOO. 0 50 FEET SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 1039 PEOPLES SQ. WATERLOO, IOWA, 50702 OWNER: PRESTIGE LLC 1039 PEOPLES SQ. WATERLOO, IOWA 50702 PARCEL NO. 8813-04-478-046 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT A PART OF LOT TWO (2), KASPEND ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88°55'59" WEST ON THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 4.90 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 3°00'54" WEST, 138.33 FEET TO THE EAST RIGHT OF WAY LIJE OF KIMBALL ACVENUE; THENC SOUTH 11°28'20" WEST ON SAID RIGHT OF WAY LINE, 129.22 FEET TO THE SOUTH LINE OF SAID LOT 2; THENCE NORTH 88°17'23" WEST ON SAID RIGHT OF WAY LINE, 39.98 FEET; THENCE NORTH 1°10'46" E, 9.72 FEET; THENCE SOUTH 89°48'14" EAST, 31.65 FEET; THENCE NORTH 11°28'20" EAST, 199.91 FEET; THENCE NORTH 3°01'12" EAST, 97.72 FEET; THENCE NORTH 86°58'48" WEST, 5.00 FEET; THENCE NORTH 3°01'12" EAST, 38.93 FEET TO SAID NORTH LINE LOT 2; THENCE NORTH 88°55'59" EAST ON SAID NORTH LINE, 15.04 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 3,164 SQUARE FEET (0.07 ACRES). ACQUISITION CONTRACT Parcel Nos. 13 PROJECT Kimball Avenue Improvements Project THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of % 201'(by and between Farmers State Bank ("Seller"), and City of Waterloo, Iowa, ("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See legal descriptions attached as Exhibit "A-1" & "A-2", City of Waterloo, State of Iowa, which includes the buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 1.895.88 , based on a fee title value of $3.70 per foot, as itemized on Exhibit "B" attached hereto. Of the Purchase Price, $100.00 is on deposit with the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price, if Seller is eligible for relocation expenses then it shall also receive relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds $118,800, up to a maximum award of $22,500. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: NONE. (a) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation 7. Buyer may include . mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Seller agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer e -rope o e :uyer. restrictions, and encumbrances except as provided in this Contract. e •-• ° ..- • . :.•- .. ... . • . .. - - - - . - 8. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 10. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to § 1033 of the Internal Revenue Code. 11. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities. In supplementation of the Phase I, Seller agrees, no later , to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 12. This Contract is further subject to the following terms and conditions: (a) Reid entrances shall be constructed to Iowa Dep't of Transportation standards. (b) Access points to farm fields will be determined on site with a representative from the consultant. 13. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHEREFORE parties have entered to this Acquisition Contract as of the date first set forth above. Arrners State Bank By: Ro»NEY L. 20E Its: eYo I-- SSN or EIN [Seller name] SSN or EIN SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss: {{ Acknowledged before me on Jelk.""`""/ 7 , Z° 1 `1/ , by 0J"`t G [as re) of Seller]. • f=a ivitz 5 t, nki- . APPROVAL RECOMMENDED BY: Nota Pu City Planning Staff (Date) APPROVED BY: ATTEST: (Mayor) (City Clerk) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: Acknowledged before me on by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 EXHIBIT "B" Sa Feet Price Price per square foot (fee interest) = $3.70 Fee acquisition 297 $1,098.90 Temporaryeasement(s) 2,154 $796.98 TOTAL $1,895.88 • Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 ACQUISITION PLAT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-04-478-031 OWNER: FARMERS STATE BANK 1001-1009 PEOPLES 50. WATERLOO. IA 50702 BROOKERIDGE DRIVE P08 PARCEL I FD. 1/2' Q REBAR 0 © LINE TABLE LEGEND • FD. MONUMENT AS NOTED PROJECT PARCEL NO. 13 KIMBALL AVENUE P08 PARCEL 2 ® 5 88°50'23' W © N 0°33'36' W 0-N-88°50'23' E QE 5 88° 55'59' W pF N 3° 00'54' E © 5 0° 33'36' E 15.00' 7.00' 15.00' 4.90' 78.54' 78.34' P.O.B. POINT OF BEGINNING NOTES: 0 BEARINGS -BASED --ON THE -IOWA --STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 12011). 2) DISTANCES IN FEET AND DECIMALS THEREON. I HEREBY CERTIFY THAT THIS IAN° SURVEYING DOCUMENT WAS PREPARED AND THE MATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION ARA THAT 1 AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. GREGG E SAMPSON. P.L.S. LICENSE NUMBER: 14809 MY UCENSE RENEWAL DATE I5 DECEMBER 31, 2014 ENTIRE SUBMISSION IS COVERED BY 1115 SEA UNLESS -SPECIFIED BELOW. DATE SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE - ACQUISITION PLAT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 1000-1009 PEOPLES SQ. WATERLOO, IOWA, 50702 PROJECT PARCEL NO. 13 OWNER: FARMERS STATE BANK 1009 PEOPLES SQ. WATERLOO, IOWA 50702 PARCEL NO. 8813-04-478-031 PARCEL #1 DESCRIPTION: ACQUISITION PLAT A PART OF LOT ONE (1), KASPEND ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 0°33'36" EAST ON THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE, 7.00 FEET; THENCE SOUTH 88°50'23" WEST, 15.00 FEET; THENCE NORTH 0°33'36" WEST, 7.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF BROOKERIDGE DRIVE; THENCE NORTH 88°50'23" EAST ON SAID RIGHT OF WAY LINE, 15.00 FEET TO THE POINT OF BEGINNING. : i 01 • -QUARE FEET. PARCEL #2 DESCRIPTION: ACQUISITION PLAT A PART OF LOT ONE (1), KASPEND ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 88°55'59" WEST ON THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 4.90 FEET; THENCE NORTH 3°00'54" EAST, 78.54 FEET TO THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 0°33'36" EAST ON SAID RIGHT OF WAY LINE, 78.34 FEET TO THE POINT OF BEGINNING. Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-04-478-031 OWNER:FARMERS STATE BANK 1001-1009 PEOPLES SO. WATERLOO, IA 50702 P,ROOKERIDGE II RIVE tot' a. aA fi �s54e yP LINE TABLE LEGEND ® S 8B° 55'59' W B® S 88° 55'59' W © N 89° 26'24' E QO S 03° 00'54" W 4.90' P.O.B. POINT OF BEGINNING 15.04' 15.00' NOTES: 78.54' D BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 (2011). 21 DISTANCES IN FEET AND DECIMALS THEREON. 3) TEMPORARY EASEMENT TO EXPIRE UPON ACCEPTANCE OF IMPROVEMENTS.. BY THE CITY OF WATERLOO. 0 50 FEET SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 1000-1009 PEOPLES SQ. WATERLOO, IOWA, 50702 OWNER: FARMERS STATE BANK 1009 PEOPLES SQ. WATERLOO, IOWA 50702 PARCEL NO. 8813-04-478-031 LEGAL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT A PART OF LOT ONE (1), KASPEND ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88°55'59" WEST ON THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 4.90 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88°55'59" WEST ON SAID NORTH LINE, 15.04 FEET; THENCE NORTH 3°01'12" EAST, 79.14 FEET; THENCE NORTH 0°33'36" WEST, 64.53 FEET; THENCE NORTH 89°26'24" EAST, 15.00 FEET TO THE WEST RIGHT OF WAY LIJE OF KIMBALL AVENUE; THENCE SOUTH 0°33'36" EAST ON SAID RIGHT OF WAY LINE, 65.00 FEET; THENCE SOUTH 3°00'54" WEST, 78.54 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 2,154 SQUARE FEET (U.U5 ACRES). DESCRIBED PARCEL CONTAINS 192 SQUARE FEET (0.004 ACRES). ACQUISITION CONTRACT Parcel Nos. 31 PROJECT Kimball Avenue Improvements Project THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of dah 1 , 201`jby and between Bank Iowa ("Seller"), and City of Waterloo, Iowa, ("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See legal descriptions attached as Exhibit "A-1" & "A-2", City of Waterloo, State of Iowa, which includes the buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 1,339.69 , based on a fee title value of $3.76 per foot, as itemized on Exhibit "B" attached hereto. Of the Purchase Price, $100.00 is on deposit with the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price, if Seller is eligible for relocation expenses then it shall also receive relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds $1 18,800, up to a maximum award of $22,500. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (a) Black Hawk County, Iowa, for taxes. Ib) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Seller agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seiler shall convey the Property Buye d;free--and-clear of aft tiens— restrictions, and encumbrances except as provided in this Contract. 8. If the Seller holds title to the Property in joint tenancy with full righfs of irvivoishrp and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Properly from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 10. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction quality as an involuntary conversion pursuant to § 1033 of the Internal Revenue Code. 11. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities. In supplementation of the Phase I, Seller agrees, no later I , to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 12. This Contract is further subject to the following terms and conditions: (a) Field entrances shall be constructed to Iowa Dept of Transportation standards. (b) Access points to farm fields will be determined on site with a representative from the consultant. 13. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHEREFORE, the parties have entered into this Acquisition Contract as of the date first set forth above. Bank Iowa By: 17')b C. 'Pi b Jr..s Its: [Seller name] SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss: { / l� Acknowledged before me on rr�1/ %l2 / /7 Seller]. l APPROVAL RECOMMENDED BY: SSN o EI SSN or EIN bya/Vebv(f7thal4 , 1SUSAN HULBERT v coMmisstoN no. 181300 s*' MY,c0 MISS1UN ExPIR 5 j �f`3.0`/r,otary Public [as of City Planning Staff (Date) APPROVED BY: ATTEST: (Mayor) (City Clerk) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: Acknowledged before me on by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. 2 Notary Public EXHIBIT "B" Sq Feet Price Price per square foot (fee interest) = $3.76 Fee acquisition 112 $421.12 Temporary easement(s) 2,443 $918.57 TOTAL $1,339.69 • Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 ACQUISITION PLAT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-04-2713-031 OWNER: BANK IOWA 3222 KIMBALL AVENUE WATERLOO, IA 50702 PARK LANE PROJECT PARCEL NO. 31 LEGEND P.O.B. POINT OF BEGINNING POB KIMBALL AVENUE LINE TABLE pA S 1°42'05' E © N 46°21'36' W © N 813°58'54' E 15.00' 21.34' 15.00' D BEARINGS BASED ON THE 10WA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 12011)... 2) DISTANCES IN FEET AND DECIMALS THEREON. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED M0 114E RELATED SURVEY WORN WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY uCENSED PROFESSIONAL LAND SURVEYOR VNOER THE LAWS OF THE STATE OF IOWA. GREGG E. SAMPSON, P.L.S. LICENSE NUMBER 14809 140 LICENSE RENEWAL DATE 5 DECEMBER 31, 2014 ENTIRE SUBMISSION IS COVERED BY THIS SEAL UNLESS SPEGINEEYBEt*W: DATE 0 50 FEET SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE ACQUISITION PLAT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 3222 KIMBALL AVENUE WATERLOO, IOWA, 50702 PROJECT PARCEL NO. 31 OWNER: BANK IOWA 230 EAST 1ST ST. PO BOX 229 INDEPENDENCE, IA 50644 PARCEL NO. 8813-04-278-013 PARCEL DESCRIPTION: ACQUISITION PLAT PART OF THE SE 1/4 NE 1/4 OF SECTION 4-T88NR13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PARK LANE AND THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 51°42'05" EAST ON SAID WEST RIGHT OF WAY LINE, 15.00 FEET; THENCE NORTH 46°21'36" WEST, 21.34 FEET TO SAID SOUTH RIGHT OF WAY LINE; THENCE NORTH 88°58'54" EAST ON SAID RIGHT OF WAY LINE, 15.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 112 SQUARE FEET (0.003 ACRES). Z 301 133HS 11 333 1 0S 'NO3N3H1 SIVWIO30 ONV 1331 NI S30NVISIO (Z 11102) £961 OVN '3N0Z H1NON1131SAS 31VNION00J 3NVld 31VIS VM01 3HI NO 03SV9 SONI8V38 11 ,b£'IZ 3 .9£,1Z e9b S 0 ,S310N ,00"S1 M .17£,91,88 S 80 ,00'51 3.S0217,10 S Q ONINNI038 JO INIOd ON3031 319V1 3Nn ZOLOS VI '001N31VM 3I1N3AV 11VOWIN ZZZ£ VMOI INV9 °213NMO I£O-8LZ-170-£198 "ON 13J21Vd A±Nl0J VMOI 'AINf100 >IMVH >1JV-18 '001831VM JO A11J SJN31^13A021dW1 3f1N3AV 11V81N1>1 1181HX3 11\131A13SV3 1.8V210d1^131 IObI-9L£-6I£ 4d'bObZS VI'spldoa -,opa0'MS GA5 put£ S29'u61seO 4uawV'uosdwo5 •3 669_40:,Sq pe JodeJd '(53210V 90'0) 1333 ]2IVROs £trP"Z SNIV1NOO 13O21Vd 039Id0S30 'ONINNIO39 JO 1NIOd 3H1011333 V£' 1Z '1SV3 „9£,1Z09t7 H1f1Os 30N]-11 :3NV1 )I21Vd 3O 3N11 AVM JO motel H1f1Os 3H1011333 S679I '1S9M SO,ZPoI H12ION 30N]H1 :1333 00'S I '3NIl H1flOS aIVS NO 1S9M „J 91089 H1flOS 30N3H1 :21302100321 VMOI 'A1NflO0 AMVH NOV19 3H1 JO 301330 3H1 NI ZOZiLS 01 NI CRONOODN VMOI 014334 NI 039INOS30 0NV1 3H1 JO 3N11 H1flOs 3H1 011333 £L'L11 '3N11 AVM JO 1HOIN OIVS NO 1SV3 SO,ZVV0I H1flOs ONIf1NI1NOO ION] -11 :ONINNIO39 JO 1NIOd ]H1011Th 00'S 1 "3NI1 AVM JO 1HOIN 1SIM OIVS NO 1SV3 SOV I H1flOs 30N]H1 :3f1N]AV 11V9WIN JO 3N11 AVM JO 1HOIN 1S]M 3H10NV 3NV1 )IdVd JO 3N11 AVM JO 1H0Id HiflOs 3H1 JO NOI1O]Sd31NI JO 1NIOd 3H11V ONINNIO39 :SM01103 SV 039INJOS3a "VMOI 'AINf100 NMVH ADV19 "001N31VM JO A11D "M£1NN891-17 NOIIO]S JO 'A 3N'/t IS 3H1 JO 121Vd 1191HX31N]1A]SV3 ANVN0dW31 :NOIldI210s]a 13O21Vd E6O-9LZ-b0-£1.88 'ON l3ONVd 17i790S VI '10N3aN3dI0NI 6GG '1S is 1 1SV3 OSZ VMOI )INV9 :213NMO ZOLOS "VMOI '001291VM 3f1N]AV 11V9V I)I ZZZ£ :A3/\df1S JO SS321aaV VMOI '0012131VM JO A113 3H12IO3 1181HX3 1N3W3SV3 AdV2JOdW31 31V0 :19//\]N Z JO Z 133HS 1181HX3 (£ZE 1-S£Z-6 IC) VMOI '0012131VM NOIS301N1WV ACQUISITION CONTRACT Parcel Nos. 39 PROJECT Kimball Avenue Improvements Project THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of , 2014 by and between Walgreen Co. ("Seller"), and City of Waterloo, Iowa, ("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See legal descriptions attached as Exhibit "A-1" & "A-2", City of Waterloo, State of Iowa, which includes the buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 3,548.59 , based on a fee title value of $4.66 per foot, as itemized on Exhibit "B" attached hereto. Of the Purchase Price, $100.00 is on deposit with the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price, if Seller is eligible for relocation expenses then it shall also receive relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds $118,800, up to a maximum award of $22,500. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: la) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Seller agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the -Buyer. Sell° • - e • = • - e - •• • - • • rranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. if the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 10. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to § 1033 of the Internal Revenue Code. 11. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Properly in accordance with Phase I site assessment and recommended subsequent activities. In supplementation of the Phase I, Seller agrees, no later , to disclose to Buyer at contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 12. Seller's pole sign will not be disturbed throughout the duration of the temporary easement or partial acquisition as stipulated by this contract. 13. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHEREFOI the`,parties have entered into this Acquisition Contract as of the date first set forth above. /: Wplgreen Co. By: Richard N. Steiner Its: Director - Real Estate Law [Seller name] SELLER'S ACKNOWLEDGMENT: STATE OF ILLINOIS: ss: SSN or EIN SSN or EIN Acknowledged before me on E -069-.0/192q a8 ,ac4 , by Richard N. Steiner [as Director- Real Estate Law of Seller]. "OFFICIAL SEAL" JAMIE M. BATES NOTARY PUBLIC, STATE OFILLINOIS 5 �1 teo ;`r SIOld EXPIRES ilf1b/2D14 Not Public APPROVAL RECOMMENDED BY: City Planning Staff (Date) APPROVED BY: ATTEST: (Mayor) (City Clerk) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: Acknowledged before me on by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 EXHIBIT "B" Sa Feet Price Price per square foot (fee interest) = $4.66 Fee acquisition 75 $349.50 Temporary easement(s) 6,865 $3,199.09 TOTAL $3,548.59 Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 ACQUISITION PLAT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-04-276-041 OWNER, WALGREEN COMPANY III WEST RIDGEWAY AVENUE WATERLOO, IA 50702 LINE 1 AOtE 0 S 0°53'04'E 0 S 89°15'55' W © N-0°52'32' W - -- pD N 89°15'55' E WEST RIDGEWAY AVENUE P08 0 6.00' 15.00' 6.00' _ 15.00' LEGEND • FD. MONUMENT AS NOTED P.O.B. POINT OF BEGINNING KIMBALL AVENUE PROJECT PARCEL NO. 39 NOTES: I) BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM. NORTH ZONE. NAD 1983 12011). 2) DISTANCES IN FEET AND DECIMALS THEREON. I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I MI A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF TEE STATE OF IOWA GREGG E. SAMPSON. P.L.S. LICENSE NUMBER: 14809 MY LICENSE RENEWAL DATE IS DECEMBER DI. 2014 ENTRE SUBMISSION IS COVERED BY THIS SEAL UNLESS SPECIFIED BELOW. - GATE SHEET NOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE ACQUISITION PLAT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 111 WEST RIDGEWAY AVENUE WATERLOO, IOWA, 50702 PROJECT PARCEL NO. 39 OWNER: WALGREEN COMPANY PO BOX 1159 ATTN: TAX DEPT. DEERFIELD, IL 60015 PARCEL NO. 8813-04-276-041 PARCEL DESCRIPTION: ACQUISITION PLAT PART OF LOT 23, SOUTHGATE, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 23; THENCE SOUTH 0°53'04" EAST ON THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE, 5.00 FEET; THENCE SOUTH 89°15'55" WEST, 15.00 FEET; THENCE NORTH 0°52'32" WEST, 5.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF WEST RIDGEWAY AVENUE; THENCE NORTH 89°15'55" EAST ON SAID SOUTH RIGHT OF WAY LINE, 15.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS -75 SQUARE -FEET. Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-03-151-001 OWNER, WALGREEN COMPANY III WEST RIDGEWAY AVENUE WATERLOO, IA 50702 WEST RIDGEWAY AVENUE LINE TABLE pA S 89" 18'00' W © N 8,3'15'55' E © S 00' 52'32' E 0 N 89' 15'55' E 20.00' 5.00' 6.00' 15.00' tiO��OP�� L r LEGEND P.O.B. POINT OF BEGINNING e7 N N do co • 0 0 0 TO NOTES: II BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 (2011). 21 DISTANCES IN FEET AND DECIMALS THEREON. 3) TEMPORARY EASEMENT TO EXPIRE UPON ACCEPTANCE OF IMPROVEMENTS BY THECITYOF WATERLOO. KIMBALL AVENUE ROB 0 50 FEET SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 111 WEST RIDGEWAY AVENUE WATERLOO, IOWA, 50702 OWNER: WALGREEN COMPANY PO BOX 1159 ATTN: TAX DEPT. DEERFIELD, IL 60015 PARCEL NO. 8813-04-276-041 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF LOT 23, SOUTHGATE, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 23; THENCE SOUTH 89°18'00" WEST ON THE SOUTH LINE OF SAID LOT 23, A DISTANCE OF 20.00 FEET; THENCE NORTH 0°53'04" WEST, 347.73 FEET TO THE NORTH LINE OF SAID LOT 23; THENCE NORTH 89°15'55" EAST ON SAID NORTH LINE, 5.00 FEET; THENCE SOUTH 0°52'32" EAST, 6.00 FEET; THENCE NORTH 89°15'55" EAST, 15.00 FEET TO THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 0°53'04" EAST ON SAID RIGHT OF WAY LINE, 341.74 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 6,865 SQUARE FEET (0.16 ACRES). ACQUISITION CONTRACT Parcel Nos. 44 PROJECT Kimball Avenue Improvements Proiect THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of between Hurst Holding Co., Inc. ("Seller"), and City of Waterloo, Iowa, ("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See legal descriptions attached as Exhibit "A-1" & "A-2", City of Waterloo, State of Iowa, which includes the buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 201_ by and 2. Possession of the Properly is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 17,382.00 for the Fee Title Acquisition and Temporary Easement, based on a Value Finding Appraisal Report, and $4,752.00 due to the tenants of the shopping center based on square footage make up of each tenant, as itemized on Exhibit "B" attached hereto. Of the Purchase Price, $100.00 is on deposit with the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price, if Seller is eligible for relocation expenses then it shall also receive relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds $118,800, up to a maximum award of $22,500. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (a) Black Hawk County, Iowa, for taxes. IN Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Seller agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 10. The Seller has agreed to sell the Properly to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to § 1033 of the Internal Revenue Code. 11. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities. In supplementation of the Phase I, Seller agrees, no later , to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 12. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHEREFORE, the parties have entered into this Acquisition Contract as of the date first set forth above. s4)7 Jtj WJYt,b. Richard H. Hurst, President Do`rfald J. Hurst, Secret -dry SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss: SSN or EIN SSN or EIN kko Fl • i t--2.ST Acknowledged before me on f�- 7irt1�- SM.r^14- , by r x,Nflr J • • �T Seller]. TIM ANDERA COMMISSION NO. 772518 MY COMMISSION EXPIRES April 11, 2015 APPROVAL RECOMMENDED BY: City Planning Staff APPROVED BY: (Mayor) DATE APPROVED: [as of dr If- ublic (Date) ATTEST: (City Clerk) BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: Acknowledged before me on by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 EXHIBIT "B" So Feet Price Price per square foot (fee interest) = $15.50 Fee acquisition 917 $14,214.00 Temporary easement(s) 4,475 $3,168.00 Compensation to Tenants $4,752.00 TOTAL $22,134.00 Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404. ph 319-378-1401 ACQUISITION PLAT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8913-34-477-009 OWNER: DONALD J. AND RICHARD H. HURST 2112-2122 KIMBALL AVENUE WATERLOO, IA 50702 ,4 a 44 e5 a 1— R�i7 `tAtiiN J�4 5� H)11 \•V N 89°15'55' E 263.99' POB WEST RIDGEWAY AVENUE LINE TABLE N 44°11'41'E © N 01° 47'12' W © N 08°12'48' E _0 S 01°47'12'E Q S 44° II'41' W FQ S 89'15'55' W 37.81' 47.20' 9.00' 59.36' 20.87' 21.00' LEGEND P.O.B. POINT OF BEGINNING PROJECT PARCEL NO. 44 NOTES: ....... _ __... I) BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 (2011). 2) DISTANCES IN FEET AND DECIMALS THEREON. I HEREBY CERTIFY THAT THS INC SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORE WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONS. SUPERVISION AND THAT I MI A DULY LENSED PROFESSIONAL IMO SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA GREGG E SAMPSON. P.L.S. LICENSE NUMBER: 14809 MY LICENSE RENEWAL DATE IS DECEMBER 31. 2014 ENTRE SUBMISSION IS COVERED BY THIS SEAL UNLESS SPECIFIED BELOW.. -....... - DATE KIM1BALL AVENUE 0 50 FEET SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE ACQUISITION PLAT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 2112-2122 KIMBALL AVENUE WATERLOO, IOWA, 50702 PROJECT PARCEL NO. 44 OWNER: DONALD J. AND RICHARD H. HURST CONTRACT BUYER: HURST HOLDING CO. INC. 621 GRANT AVE WATERLOO, IA 50702 PARCEL NO. 8813-34-477-009 PARCEL DESCRIPTION: ACQUISITION PLAT PART OF THE SE 1/4 SE 1/4 OF SECTION 34, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF WEST RIDGEWAY AVENUE AND THE EAST RIGHT OF WAY LINE OF BELLAIRE ROAD; THENCE NORTH 89°15'55" EAST ON SAID NORTH RIGHT OF WAY LINE, 263.99 FEET TO THE POINT OF BEGINNING; THENCE NORTH 44°1 1'41" EAST, 37.81 FEET; THENCE NORTH 1°47'12" WEST, 47.20 FEET; THENCE NORTH 88°12'48" EAST, 9.00 FEET TO THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 1°47'12" EAST ON SAID WEST RIGHT OF WAY LINE, 59.36 FEET TO A NORTHWESTERLY RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 44°11'41" WEST ON SAID NORTHWESTERLY RIGHT OF WAY LINE, 20.87 FEET TO THE SAID NORTH RIGHT OF WAY LINE; THENCE SOUTH 89°15'55" WEST ON SAID NORTH RIGHT OF WAY LINE, 21.19 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 917 SQUARE FEET (0.02 ACRES). Prepared r by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8913-34-477-009 OWNER: DONALD J. AND RICHARD H. HURST 2112-2122 KIMBALL AVE WATERLOO, IA 50702 LINE TABLE ® N 44°11'41' E © N 88°12'45' E © S 88°12'48' W © S 01° 47'12' E © S 44°11'41'W F© S 89°15'55' W 1.I Otj4 5� 09� gti3� O�a�N 4 �SLSrt�G N 89°15'55" E 256.74' •••,•• • • • I.. • •�� , 4 iii iii, %i ►�i�i i0i „ 4 ••4 WEST RIDGEWAY AVENUE 39.29' 15.00' 9.00' 47.20' 37.81' 7.06' LEGEND P.O.B. POINT OF BEGINNING NOTES: II BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 120111. 21 DISTANCES IN FEET AND DECIMALS THEREON. 31 TEMPORARY EASEMENT TO EXPIRE UPON ACCEPTANCE OF IMPROVEMENTS BY THE CITY OF WATERLOO. KIMBALL AVENUE 0 50 FEET_ SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 2112-2122 KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: DONALD J. AND RICHARD H. HURST CONTRACT BUYER: HURST HOLDING CO. INC. 621 GRANT AVE WATERLOO, IA 50702 PARCEL NO. 8813-34-477-009 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE SE 1/4 SE 1/4 OF SECTION 34, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF WEST RIDGEWAY AVENUE AND THE EAST RIGHT OF WAY LINE OF BELLAIRE ROAD; THENCE NORTH 89°15'55" EAST ON SAID NORTH RIGHT OF WAY LINE, 256.74 FEET TO THE POINT OF BEGINNING; THENCE NORTH 44°11'41" EAST, 39.29 FEET; THENCE NORTH 1°47'12" WEST, 332.69 FEET; THENCE NORTH 88°12'45" EAST, 15.00 FEET TO THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 1°47'12" EAST ON SAID WEST RIGHT OF WAY LINE, 286.65 FEET; THENCE SOUTH 88°12'48" WEST, 9.00 FEET; THENCE SOUTH 1°47'12" EAST, 47.20 FEET; THENCE SOUTH 44°11'41" WEST, 37.81 FEET TO SAID NORTH RIGHT OF WAY LINE; THENCE SOUTH 89°15'55" WEST, 7.06 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 4,472 SQUARE FEET (0.10 ACRES). ACQUISITION CONTRACT Parcel Nos. 50b PROJECT Kimball Avenue Improvements Project THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of 201_ by and between Covenant Medical Center, Inc. ("Seller"), and City of Waterloo, Iowa, ("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See legal descriptions attached as Exhibit "A-1" & "A-2", City of Waterloo, State of Iowa, which includes the buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 6,019.16 , based on a fee title value of $2.86 per foot, as itemized on Exhibit "B" attached hereto. Of the Purchase Price, $100.00 is on deposit with the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price, if Seller is eligible for relocation expenses then it shall also receive relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds $118,800, up to a maximum award of $22,500. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller wan -ants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (a) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Seller agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Properly becomes an asset of any estate, trust, conservatorship or guardianship.. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 10. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to § 1033 of the Internal Revenue Code. 11. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities. In supplementation of the Phase I, Seller agrees, no later to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 12. This Contract is further subject to the following terms and conditions: (a) Field entrances shall be constructed to Iowa Dep't of Transportation standards. (b) Access points to farm fields wit be determined on site with a representative from the consultant. 13. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHEREFORE, the parties hay- -ntered into this Acquisition Contract as of the date first set forth above. r Coy- Medical Cen ,..5- cf. - C iir �3 SSN or EIN /2/I`% [seller name). SSN or EIN SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss•. (� to (� / Acknowledged before me on .t )e'. /' Pt b P r/9f c7Ofsy J71(1/ 1J P/ S Pn /l P ty [as C E) of Seller]. J Pry • SHARON K BARR COMMISSION NO. 732055 MY/T/-2/ G MIS E77IR//.,ES APPROVAL RECOMMENDED BY: Notary Public City Planning Staff (Date) APPROVED BY: ATTEST: (City Clerk) (Maya) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss-. Acknowledged before me on by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. 2 Notary Public EXHIBIT "B" Sa Feet Price Price per square foot (fee interest) = $2.86 Fee acquisition 676 $1,933.36 Temporary easement(s) 14,286 $4,085.80 TOTAL $6,019.16 Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 ACQUISITION PLAT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO.8913-35-353-008 & 8913-35-353-009 OWNER: COVENANT MEDICAL CENTER INC. 2101 KIMBALL AVENUE WATERLOO, IA 50702 l SW COR w LOT 37 1- I/2' REBAR 17- sr. v 1< M GO 11' SGS EAST RIDGEWAY AVENUE LINE TABLE pA N 88°12'48' E 3.00' ® S 46° 43'05' W 2.49' © N 45° 45'07' W 1.63' LEGEND • FD. MONUMENT AS NOTED P.0.8. POINT OF BEGINNING NOTES: II BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 (20111. 21 DISTANCES IN FEET AND DECIMALS THEREON. 1 HEREBY CERTIFY RAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND 114E RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I MI A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. GREGG E SAMPSON. P.LS. LICENSE NUMBER: 14809 MY LICENSE RENEWAL DATE IS DECEMBER 31. 2014 ENTIRE SUBMISSION IS COVERED BY THIS SEAL UNLESS SPEOFIED BELOW. DATE PROJECT PARCEL NO. 50b SHEET I OF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE ACQUISITION PLAT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 2101 KIMBALL AVENUE WATERLOO, IOWA, 50702 PROJECT PARCEL NO. 50b OWNER: COVENANT MEDICAL CENTER INC. 3421 W. 9TH ST. WATERLOO, IOWA 50702 PARCEL NO. 8913-35-353-008 AND 8913-35-353-009 PARCEL DESCRIPTION: ACQUISITION PLAT COMMENCING AT THE SOUTHWEST CORNER OF LOT 37, SUNSET HILLS, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA: THENCE SOUTH 1°47'12" EAST ON THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE, 345.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88°12'48" EAST, 20.00 FEET; THENCE SOUTH 1°47'12" EAST, 224.13 FEET; THENCE SOUTH 46°43'05" WEST, 2.49 FEET TO AN EASTERLY RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 45°45'07" WEST ON SAID EASTERLY RIGHT OF WAY LINE, 1.63 FEET TO SAID EAST RIGHT OF WAY LINE; THENCE NORTH 1°47'12" WEST ON SAID EAST RIGHT OF WAY LINE, 224.61 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 676 SQUARE FEET (0.016 ACRES). Prepared by: Gregg E. Sampson. Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO.8913-35-353-008 AND 8913-35-353-009 OWNER: COVENANT MEDICAL CENTER INC. 2101 KIMBALL AVENUE WATERLOO, IA 50702 w(-----1114\,___ i SW CORNER E4;.. I LOT 31 27 a O N U) O co LINE TABLE AQ N 88°12'48' E 43.00' © S 89°19'36' W 28.14' © N 45° 45'07' W 19.79' pD N 46° 42'21' E 2.50' © S 88°12'48' W 3.00' LEGEND P.O.B. POINT OF BEGINNING NOTES: II BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 120111. 21 DISTANCES IN FEET AND DECIMALS THEREON. 31 TEMPORARY EASEMENT TO EXPIRE UPON ACCEPTANCE OF IMPROVEMENTS BY THE CITY OF WATERLOO. 0 50 FEET SHEET 10E 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 2101 KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: COVENANT MEDICAL CENTER INC. 3421 W. 9TH ST. WATERLOO, IOWA 50702 PARCEL NO. 8913-35-353-008 AND 8913-35-353-009 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT COMMENCING AT THE SOUTHWEST CORNER OF LOT 37, SUNSET HILLS, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA: THENCE SOUTH 1°47'12" EAST ON THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE, 235.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88°12'48" EAST, 20.00 FEET; THENCE SOUTH 1°47'12" EAST, 350.96 FEET TO THE NORTH RIGHT OF WAY LINE OF EAST RIDGEWAY AVENUE; THENCE SOUTH 89°19'36" WEST ON SAID RIGHT OF WAY LINE, 28.14 FEET; THENCE NORTH 45°45'07" WEST ON SAID RIGHT OF WAY LINE, 19.78 FEET; THENCE NORTH 46°43'05" EAST, 2.49 FEET; THENCE NORTH 1°47'12" WEST, 224.13 FEET; THENCE SOUTH 88°12'48" WEST, 3.00 FEET TO THE EAST EIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 1°47'12" WEST ON SAID RIGHT OF WAY LINE, 110.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 14,286 SQUARE FEET (0.33 ACRES). ACQUISITION CONTRACT Parcel Nos. 55 PROJECT Kimball Avenue Improvements Project THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of , 201_ by and between Kenneth and Patty Budke ("Seller"), and City of Waterloo, Iowa, ("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See legal descriptions attached as Exhibit "A-1" & "A-2", City of Waterloo, State of Iowa, which includes the buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 786.38 , based on a fee title value of $5.74 per foot, as itemized on Exhibit "B" attached hereto. Of the Purchase Price, $100.00 is on deposit with the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price, if Seller is eligible for relocation expenses then it shall also receive relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds $118,800, up to a maximum award of $22,500. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (a) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Seller agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 10. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to § 1033 of the Internal Revenue Code. 11. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities. In supplementation of the Phase I, Seller agrees, no later , to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 12. This Contract is further subject to the following terms and conditions: (a) Field entrances shall be constructed to Iowa Dept of Transportation standards. (b) Access points to farm fields will be determined on site with a representative from the consultant. 13. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHEREFE, the parties have entered into this Acquisition Contract as of the date first set forth above. e Kenn h Budke i? ALJ Patty Budke SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss: Acknowledged before me on a U/ Seller]. BONNIE J. W LSON COMMISSION NO. 148487 MY COMMISSION EXPIRES o 57 08/..oIC. APPROVAL RECOMMENDED BY: City Planning Staff SSN or EIN SSN or EIN , by -Pa=1--' 5 tx.ckC [as €_.) I Les of b�(9), Notary Public APPROVED BY: (Mayor) DATE APPROVED: (Date) ATTEST: (City Clerk) BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: s Acknowledged before me on 1 / a LI /1C)11/ by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 EXHIBIT "B" Sa Feet Price Price per square foot (fee interest) = $5.74 Fee acquisition 32 $183.68 Temporaryeasement(s) 1,050 $602.70 TOTAL $786.38 Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 ACQUISITION PLAT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-03-151-001 OWNER: KENNETH A. AND PATTY L. BUDKE 3005-3045 KIMBALL AVENUE WATERLOO, IA 50702 POB KIMBALL AVENUE PROJECT PARCEL NO. 55 EAST RIIDGEWAY AVENUE LINE TABLE QA N 89°19'36' E Qe S 44°13'32' W © N 0° 52'32' W PN‘O4 4y�I 4'�00�•�� �� Dc, 0 5�' 4`• %I N LEGEND P.O.B. POINT OF BEGINNING NOTES: D BEARINGS BASED ON THE IOWA STATE 8.00' PLANE COORDINATE SYSTEM, NORTH 11.29' ZONE, NAD 1983 12011). 8.00' 2) DISTANCES IN FEET AND DECIMALS THEREON. I HEREBY EERCFY THAT THIS MND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL MND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA GREGG E. SAMPSON, P.L.S. LICENSE NUMBER: 14809 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2014 ENTRE SUBMISSION IS COVERED BY TINS SEAL UNLESS SPECIFIED BELOW. DATE 0 20 SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE ACQUISITION PLAT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 3005-3045 KIMBALL AVENUE WATERLOO, IOWA, 50702 PROJECT PARCEL NO. 55 OWNER: KENNETH A. AND PATTY L. BUDKE 9501 KIMBALL AVENUE WATERLOO, IA 50701 PARCEL NO. 8813-03-151-001 PARCEL DESCRIPTION: ACQUISITION PLAT PART OF THE NE 1/4 NE 1/4 OF SECTION 4, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF EAST RIDGEWAY AVENUE AND THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 89°19'36" EAST ON SAID SOUTH RIGHT OF WAY LINE, 8.00 FEET; THENCE SOUTH 44°13'32" WEST, 11.29 FEET TO SAID EAST RIGHT OF WAY LINE; THENCE NORTH 0°52'32" WEST ON SAID EAST RIGHT OF WAY LINE, 8.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 32 SQUARE FEET. Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO. BLACK HAWK COUNTY. IOWA COUNTY PARCEL NO. 8813-03-151-001 OWNER: KENNETH A. ANO PATTY L. BUOKE 3005-3045 KIMBALL AVENUE WATERLOO, IA 50702 E. RIDGEWAY AVENUE N 89'19'36" E P08160.02' 16.02' PO 04. S 00°52'32" E 138. PARCEL #2 134 4 ly �41'\k$ 44 1y0 POB PARCEL#1 I©l LINE TABLE DA N 89°07'28' E 15.00' © S 00°52'32' E 35.07' © S 89°23'09' W 15.00' 00 N 00°52'32' W 35.00' QE N 89°19'36' E 66.98' QF N 89°19'36' E 55.00' © S 0°40'24' E 10.00' QH S 89°19'36' W 55.00' QI N 0°40'24' W 10.00' QJ N 89°19'3W E 15.00' (K S 0°52'32' E 10.00' © S 89°19'36' W 15.00' ® N 0°40'24° W 10.00' PARCEL#3 LEGEND P.O.B. POINT OF BEGINNING NOTES: I) BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 120111. 2) DISTANCES IN FEET AND DECIMALS THEREON. SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 3000-3045 KIMBALL AVENUE WATERLOO, IOWA, 50702 OWNER: KENNETH A. AND PATTY L. BUDKE 9501 KIMBALL AVENUE WATERLOO, IOWA, 50701 PARCEL NO. 8813-03-151-001 PARCEL #1 DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE NE 1/4 NE 1/4 SECTION 4-T88N-R13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF EAST RIDGEWAY AVENUE AND THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 0°52'32" EAST ON THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE, 138.73 FEET TO THE POINT OF BEGINNING. THENCE NORTH 89°07'28" EAST, 10.00 FEET; THENCE SOUTH 0°52'32" EAST, 35.05 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED IN DEED TO KENNETH A. AND PATTY L. BUDKE, RECORDED IN LD BOOK 553 AT PAGE 843 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE SOUTH 89°23'09" WEST ON SAID SOUTH LINE, 10.00 FEET TO SAID EAST RIGHT OF WAY LINE; THENCE NORTH 0°52'32" WEST ON SAID EAST RIGHT OF WAY LINE, 35.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 350 SQUARE FEET (0.008 ACRES). PARCEL #2 DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE NW 1/4 NW 1/4 SECTION 3-T88N-R13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF EAST RIDGEWAY AVENUE AND THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 89°19'36" EAST ON SAID SOUTH RIGHT OF WAY LINE, 66.98 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING NORTH 89°19'36" EAST ON SAID SOUTH RIGHT OF WAY LINE, 55.00 FEET; THENCE SOUTH 0°40'24" EAST, 10.00 FEET; THENCE SOUTH 89°19'36" WEST, 55.00 GEET; THENCE NORTH 0°40'24" WEST, 10.00 FEET TO THE POINT OF BEGININNG; DESCRIBED PARCEL CONTAINS 550 SQUARE FEET (0.01 ACRES). PARCEL #3 DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE NW 'A NW 1/4 SECTION 3-T88N-R13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF EAST RIDGEWAY AVENUE AND THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 89°19'36" EAST ON SAID SOUTH RIGHT OF WAY LINE, 160.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°19'36" EAST ON SAID SOUTH RIGHT OF WAY LINE, 15.00 FEET TO THE EAST LINE OF THE LAND DESCRIBED IN DEED TO KENNETH A. AND PATTY L. BUDKE, RECORDED IN LD BOOK 553 AT PAGE 843 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE SOUTH 0°52'32" EAST ON SAID EAST LINE, 10.00 FEET; THENCE SOUTH 89°19'36" WEST, 15.00 FEET; THENCE NORTH 0°40'24" WEST, 10.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 150 SQUARE FEET (0.003 ACRES). ACQUISITION CONTRACT Parcel Nos. 69 PROJECT Kimball Avenue Improvements Project THIS ACQUISITION CONTRACT (the "Contract") is made and entered into as of 201_ by and between Diane Smith ("Seller"), and City of Waterloo, Iowa, ("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: See legal descriptions attached as Exhibit "A-1" & "A-2" City of Waterloo, State of Iowa, which includes the buildings, improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Seller's intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 277.30based on a fee title value of $1.97 per foot, as itemized on Exhibit "B" attached hereto. Of the Purchase Price, $100.00 is on deposit with the law office of Clark, Butler, Walsh & Hamann, to be held in trust, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of earnest money shall require the written consent of both parties. In addition to the Purchase Price, if Seller is eligible for relocation expenses then it shall also receive relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds $118,800, up to a maximum award of $22,500. 4. Possession of the Property shall be delivered to Buyer at closing, which shall occur on or before as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 4272 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (a) Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Seller agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Contract. 8. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract, Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer, and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 10. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to § 1033 of the Internal Revenue Code. 11. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and (b) the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities. In supplementation of the Phase I, Seller agrees, no later , to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 12. This Contract is further subject to the following terms and conditions: (a) Field entrances shall be constructed to Iowa Dept of Transportation standards. (b) Access points to farm fields will be determined on site with a representative from the consultant. 13. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHEREFORE, the parties have entered into this Acquisition Contract as of the date first set forth above. Diane Smith SSN or EIN [sellers name] SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss: SSN or EIN Acknowledged before me on .„'iv4tn= - , by'.'4Wt 6i2/l [as of Seller]. /,* . COMMISSION TIM ANDERA MMISSI6µ0.772518 M COMIS�SI N ecirIRES APPROVAL RECOMMENDED BY: Notary Public City Planning Staff (Date) APPROVED BY: ATTEST: (Mayor) (City Clerk) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: Acknowledged before me on by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 EXHIBIT "B" Sa Feet Price Price per square foot (fee interest) = $1.97 Fee acquisition 90 $177.30 Temporary easement(s) 300 $100.00 TOTAL $277.30 Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 ACQUISITION PLAT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-03-301-001 OWNER: DIANE SMITH 104 PARK LANE WATERLOO,IA 50702 P08 LINE TABLE QA N 89°35'39' E © 5 1°42'05' E © S 89°35'39' W QD N 1°42'05' W KIMBALL AVENUE 10.00' 9.00' 10.00' 9.00' PARK LANE 11`' y)S 0' 5c, LEGEND P.0.8.__.POINT OF BEGINNING T PROJECT PARCEL N0. 69 NOTES: 1 BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE, NAD 1983 120111. 2) DISTANCES 114 FEET AND DECIMALS THEREON. I HEREBY CERTIFY THAT THIS LAID SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONA SUPERVISION AND THAT 1 AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. GREGG E. SAMPSON. P.L.S. LICENSE NUMBER 14809 MY LICENSE RENEWAL DATE 15 DECEMBER 31, 2014 ENTIRE SUBMISSIGN I5 COVERED BY THIS SEAL UNLESS SPECIFIED BELOW. DATE 0 20 FEET SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE ACQUISITION PLAT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 104 PARK LANE WATERLOO, IOWA, 50702 PROJECT PARCEL NO. 69 OWNER: DIANE L. SMITH 104 PARK LANE WATERLOO, IA 50702 PARCEL NO. 8813-03-301-001 PARCEL DESCRIPTION: ACQUISITION PLAT PART OF LOT 112, SOUTHAVEN ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 112; THENCE NORTH 89°35'39" EAST ON THE NORTH LINE OF SAID LOT 112, A DISTANCE OF 10.00 FEET; THENCE SOUTH 1°42'05" EAST, 9.00 FEET; THENCE SOUTH 89°35'39" WEST, 10.00 FEET TO THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 1°42'05" WEST ON SAID EAST RIGHT OF WAY LINE, 9.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 90 SQUARE FEET. Prepared by: Gregg E. Sampson, Ament Design, G25 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-03-301-001 OWNER: DIANE L. SMITH 104 PARK LANE WATERLOO, IA 50702 KIMBALL AVENUE LINE TABLE pA N 89° 35'39' E 15.00' © N 89° 35'39' E 30.00' © S 00° 24'11' E 10.00' pD S 89° 35'39' W 30.00' © N 00° 24'11' W 10.00' ti0 a ti� P�9� coo LEGEND P.O.B. POINT OF BEGINNING NOTES: II BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM. NORTH ZONE, NAD 1983 120111. 2) DISTANCES IN FEET ANO DECIMALS THEREON. 3) TEMPORARY EASEMENT TO EXPIRE UPON ACCEPTANCE OF IMPROVEMENTS BY THE CITY OF WATERLOO. SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 104 PARK LANE WATERLOO, IOWA, 50702 OWNER: DIANE L. SMITH 104 PARK LANE WATERLOO, IOWA 50702 PARCEL NO. 8813-03-301-001 PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF LOT 112 OF SOUTHAVEN ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 112; THENCE NORTH 89°35'39" EAST ON THE NORTH LINE OF SAID LOT 12, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°35'39" EAST ON SAID NORTH LINE, 30.00 FEET; THENCE SOUTH 0°24'11" EAST, 10.00 FEET; THENCE SOUTH 89°35'39" WEST, 30.00 FEET; THENCE NORTH 0°24'11" WEST, 10.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 300 SQUARE FEET (0.007 ACRES). ACQUISITION CONTRACT Parcel Nos. 85 PROJECT IGmbatl Avenue Improvements Protect THIS ACQUISITION CONTRACT (the "Contract") is made and entered Into as of , 201 by and between Eagle Watch Investments. Inc. ("Seller"), and City of Waterloo, Iowa, ("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees fo buy, the following real estate and/or easement interests (the "Property"), described as: See legal descriptions attached as Exhibtt "A-1" & "A-2", City of Waterloo, State of Iowa, which includes the buildings, improvements and other ftxtures thereon. The Property aiso includes, if applicable, all estates, rights, title and interests, including ail easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract, and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, including but not limited to gathering survey and soil data_ Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten (10) days notice of Sellers intention to do so by calling Buyer at (319) 291-4366. 3. The Purchase Price shall be $ 626.09. based on a fee title value of $4.58 per foot, as itemized on Exhibit "B" attached hereto. Of the Purchase Price, $100.00 is on deposit with the few office of Cork, Butler, Walsh & Hamann, to be held in frust, and the balance of the Purchase Price shall be due and payable in full at closing, to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of eamest money shall require the written consent of both parties. In addition to the Purchase Price, 11 Seller is eligible for relocation expenses then it shall also receive relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds $118,800, up to a maximum award of $22,500. 4. Possession of the Properly shall be delivered to Buyer at closing, which shall occur on or before as the parties may hereafter agree, but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property, trash, and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there ore no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seiler, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Properly, including all faxes and special assessments payable until surrender of possession as required by Section 4272 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: Id Black Hawk County, Iowa, for taxes. (b) Unknown until completion of abstract continuation 7. Buyer may include mortgagees, fienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will fumish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the lowa State Bar Association. Seller agrees to pay the cost of abstract continuation. or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Properly becomes an asset of any estate, trust, conservatorship or guardianship. Seiler agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seiler shall convey the Property to Buyer by warranty deed, free and clear of all Liens, restrictions, and encumbrances except as provided in this Contract. 8_ if the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract, Buyer will pay any remalning proceeds to the survivor of that joint tenancy and will accept title solely from that survivor, provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 9. Setter agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price, payable to all parties as their interests may appear, from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of toss or destruction of part or all of the Property from causes covered by the insuronce, Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery fo the Buyer, and Seller hereby assigns to Buyer any and alt of Seller's rights under such insurance contract. 10. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Properly is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no oddttional cost to Buyer, to have this transaction qualify as an involuntary conversion pursuant to § 1033 of the internal Revenue Code. 11. This Contract shat' become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo, and [b[ the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities. In supplementation of the Phase I, Seiler agrees, no later , to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 12. This Contract is further subject to the following terms and conditions: (a) Field entrances shall be constructed to Iowa Dept of Transportation standards. (b) Access points to farm fields will be determined on site with a representative from the consultant. 13. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. lime is of the essence of this Contract. WHEREFORE, the parties have entered into this Acquisition Contract as of the date first set forth above. Eagle Y► Investments, Inc. By: Its: (sellers name] d-. o43 a. SSN or EIN SSN or ElN SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss: (� L Acknowledged before me on 2 lids) 120 (_I , by ` t bt r &Ala— [as Seller]. APPROVAL RECOMMENDED BY: City Planning Staff of Notary Public Cott vv(,o � 1'&o/ , S SHELLEY R MURPHY Notary Public State of Wisconsin L I AN Comm 154/ i1 �(j7l r# it 13.20 l6 (Date) APPROVED BY: ATTEST: (Mayor) (City Clerk) DATE APPROVED: BUYER'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWKCOUNTY, ss: Acknowledged before me on by Ernest G. Clark and Suzy Schares as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public EXFflsIT usn Sct Feet Price Price per square foot (fee interest) = $4.58 Fee acquisition 42 $192.36 Temporary easement(s) 947 $433.73 TOTAL $626.09 Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404. ph 319-378-1401 ACQUISITION PLAT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-351-119 OWNER: EAGLE WATCH INVESTMENTS INC. 104-106 BROOKERIDGE DRIVE WATERLOO, IA 50702 POB © BROOKERIDGE DRIVE ©4/ KIMBALL AVENUE LINE TABLE pA S 57° 00'48' W © N 44°19'50'E © N 89°13'16' E 22.51' 17.00' 7.00' S 89°13'16" W 80.91' PROJECT PARCEL NO. 85 LEGEND P.0.8. POINT.. OF BEGINNING NOTES: 11 BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE. NAD 1983 12019. 21 DISTANCES IN FEET AND DECIMALS THEREON. I HEREBY CERTIFY THAT THIS LAID SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION AND DAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA GREGG E SAMPSON, P.1.5. LICENSE NUMBER 14809 MY LICENSE RENEWAL DATE IS DECEMBER 31. 2014 ENTIRE SUBMISSION IS COVERED BY THIS SEAL UNLESS SPECIFlED BELOW. DATE SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE ACQUISITION PLAT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 104-106 BROOKERIDGE DRIVE WATERLOO, IOWA, 50702 PROJECT PARCEL NO. 85 OWNER: EAGLE WATCH INVESTMENTS INC. PO BOX 3503 MISSOULA, MT 59806 PARCEL NO. 8813-03-351-119 PARCEL DESCRIPTION: ACQUISITION PLAT PART OF LOT 56, BROOKERIDGE ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 56; THENCE SOUTH 89°13' 16" WEST ON THE NORTH LINE OF SAID LOT 56, A DISTANCE OF 80.91 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 57°00'48" WEST, 22.51 FEET TO THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 44°19'50" EAST ON A SOUTHERLY RIGHT OF WAY LINE OF BROOKERIDGE DRIVE, 17.00 FEET; THENCE NORTH 89°13'16" EAST ON THE SOUTH RIGHT OF WAY LINE OF BROOKERIDGE DRIVE, 7.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 42 SQUARE FEET. Prepared by: Gregg E. Sampson, Ament Design, 625 32nd Ave SW, Cedar Rapids, IA 52404, ph 319-378-1401 TEMPORARY EASEMENT EXHIBIT KIMBALL AVENUE IMPROVEMENTS CITY OF WATERLOO. BLACK HAWK COUNTY, IOWA COUNTY PARCEL NO. 8813-351-119 OWNER: EAGLE WATCH INVESTMENTS INC. 104-106 BROOKERIDGE DRIVE WATERLOO, IA 50702 KIMBALL AVENUE P08 BROOKERIDGE DRIVE LEGEND LINE TABLE P.O.B. POINT OF BEGINNING pA N 57° 01'16' E © S 89°15'20' W 5.92' 5.00' NOTES: II BEARINGS BASED ON THE IOWA STATE PLANE COORDINATE SYSTEM, NORTH ZONE. NAD 1983 120111. 21 DISTANCES IN FEET AND DECIMALS THEREON. 3) TEMPORARY EASEMENT TO EXPIRE UPON ACCEPTANCE OF IMPROVEMENTS BY THE CITY OF WATERLOO. 0 30 FEET SHEET IOF 2 AMENT DESIGN WATERLOO, IOWA (319-233-1323) EXHIBIT SHEET 2 OF 2 REV/BY: DATE TEMPORARY EASEMENT EXHIBIT FOR THE CITY OF WATERLOO, IOWA ADDRESS OF SURVEY: 104-106 BROOKERIDGE DRIVE WATERLOO, IOWA, 50702 OWNER: EAGLE WATCH INVESTMENTS INC. PO BOX 3503 MISSOULA, MT 59806 PARCEL NO. 8813-03-351-119 PARCEL DESCRIPTION: ..ACQUI-STTtQN_PLAT .; hJy t USM E.i4e PART OF LOT 56, BROOKERIDGE ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 56; THENCE NORTH 0°33'36" WEST ON THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE, 187.88 FEET; THENCE NORTH 57°01'16" EAST, 5.92 FEET; THENCE SOUTH 0°33'36" EAST, 191.02 FEET TO THE SOUTH LINE OF SAID LOT 56; THENCE SOUTH 89°15'20" WEST ON SAID SOUTH LINE, 5.00 FEET TO THE POINT OF BEGINNING DESCRIBED PARCEL CONTAINS 947 SQUARE FEET (0.02 ACRES). Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-338 RESOLUTION ACCEPTING AND APPROVING CERTAIN ACQUISITION CONTRACTS TO SELL REAL PROPERTY TO THE CITY AND ACCEPTING AND APPROVING CERTAIN DEEDS. WHEREAS, the City of Waterloo, Iowa, has had the parcels described herein appraised and the fair market value ascertained, and WHEREAS, the acquisition of the hereinafter described parcels are in conjunction with the Kimball Avenue Improvements Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the contracts for the parcels hereinafter described to sell the same to the City of Waterloo, Iowa, all of which are situated in the City of Waterloo, Black Hawk County, Iowa, are accepted and approved and the Mayor and City Clerk are authorized and directed to execute the same in behalf of the City and to execute all instruments necessary to consummate the agreements to purchase the property from the owners thereof, and the deed for the conveyance of the same is also accepted and approved and the City of Waterloo is directed to pay for the property and the incidental expenses necessary to the consummation of the sale from City funds. The subject parcels are: OWNER - PRESTIGE, LLC PARCEL NO. - 8813-04-478-046 TOTAL ACQUISITION - $5,326.24 PARCEL DESCRIPTION: ACQUISITION PLAT A PART OF LOT TWO (2), KASPEND ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 0°33'36" EAST ON THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE, 74.66 FEET; THENCE SOUTH 11°28'20" WEST ON SAID RIGHT OF WAY LINE, 64.87 FEEET; THENCE NORTH 3°00'54" EAST, 138.33 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE NORTH 88°55'59" EAST ON SAID NORTH LINE, 4.90 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 844 SQUARE FEET (0.019 ACRES). PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT A PART OF LOT TWO (2), KASPEND ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88°55'59" WEST ON THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 4.90 FEET TO THE POINT OF BEGINNING; Resolution No. 2014-338 Page 2 THENCE SOUTH 3°00'54" WEST, 138.33 FEET TO THE EAST RIGHT OF WAY LIJE OF KIMBALL ACVENUE; THENC SOUTH 11°28'20" WEST ON SAID RIGHT OF WAY LINE, 129.22 FEET TO THE SOUTH LINE OF SAID LOT 2; THENCE NORTH 88°17'23" WEST ON SAID RIGHT OF WAY LINE, 39.98 FEET; THENCE NORTH 1°10'46" E, 9.72 FEET; THENCE SOUTH 89°48'14" EAST, 31.65 FEET; THENCE NORTH 11°28'20" EAST, 199.91 FEET; THENCE NORTH 3°01'12" EAST, 97.72 FEET; THENCE NORTH 86°58'48" WEST, 5.00 FEET; THENCE NORTH 3°01'12" EAST, 38.93 FEET TO SAID NORTH LINE LOT 2; THENCE NORTH 88°55'59" EAST ON SAID NORTH LINE, 15.04 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 3,164 SQUARE FEET (0.07 ACRES). OWNER - FARMERS STATE BANK PARCEL NO. - 8813-04-478-031 TOTAL ACQUISITION - $1,895.88 PARCEL #1 DESCRIPTION: ACQUISITION PLAT A PART OF LOT ONE (1), KASPEND ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 0°33'36" EAST ON THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE, 7.00 FEET; THENCE SOUTH 88°50'23" WEST, 15.00 FEET; THENCE NORTH 0°33'36" WEST, 7.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF BROOKERIDGE DRIVE; THENCE NORTH 88°50'23" EAST ON SAID RIGHT OF WAY LINE, 15.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 105 SQUARE FEET. PARCEL #2 DESCRIPTION: ACQUISITION PLAT A PART OF LOT ONE (1), KASPEND ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 88°55'59" WEST ON THE SOUTH LINE OF SAID LOT 2, A DISTANCE OF 4.90 FEET; THENCE NORTH 3°00'54" EAST, 78.54 FEET TO THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 0°33'36" EAST ON SAID RIGHT OF WAY LINE, 78.34 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 192 SQUARE FEET (0.004 ACRES). PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT A PART OF LOT ONE (1), KASPEND ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 88°55'59" WEST ON THE NORTH LINE OF SAID Resolution No. 2014-338 Page 3 LOT 2, A DISTANCE OF 4.90 FEET BEGINNING; THENCE CONTINUING SOUTH 88°55'59" WEST LINE, 15.04 FEET; THENCE NORTH 3°01'12" EAST, 79.14 FEET; THENCE NORTH 0°33'36" WEST, 64.53 FEET; THENCE NORTH 89°26'24" EAST, 15.00 FEET RIGHT OF WAY LIJE OF KIMBALL AVENUE; THENCE SOUTH 0°33'36" EAST ON SAID RIGHT 65.00 FEET; THENCE SOUTH 3°00'54" WEST, 78.54 FEET TO BEGINNING. TO THE POINT OF ON SAID NORTH TO THE WEST OF WAY LINE, THE POINT OF DESCRIBED PARCEL CONTAINS 2,154 SQUARE FEET (0.05 ACRES) . OWNER - BANK IOWA PARCEL NO. - 8813-04-278-013 TOTAL ACQUISITION - $1,339.69 PARCEL DESCRIPTION: ACQUISITION PLAT PART OF THE SE k NE 141 OF SECTION 4-T88NR13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PARK LANE AND THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 51°42'05" EAST ON SAID WEST RIGHT OF WAY LINE, 15.00 FEET; THENCE NORTH 46°21'36" WEST, 21.34 FEET TO SAID SOUTH RIGHT OF WAY LINE; THENCE NORTH 88°58'54" EAST ON SAID RIGHT OF WAY LINE, 15.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 112 SQUARE FEET (0.003 ACRES). PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE SE NE k OF SECTION 4-T88NR13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF PARK LANE AND THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 1°42'05" EAST ON SAID WEST RIGHT OF WAY LINE, 15.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 1°42'05" EAST ON SAID RIGHT OF WAY LINE, 147.73 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED IN DEED TO BANK IOWA RECORDED IN LD 574202 IN THE OFFICE OF THE BLACK HAWK COUNTY, IOWA RECORDER; THENCE SOUTH 88°16'34" WEST ON SAID SOUTH LINE, 15.00 FEET; THENCE NORTH 1°42'05" WEST, 162.95 FEET TO THE SOUTH RIGHT OF WAY LINE OF PARK LANE; THENCE SOUTH 46°21'36" EAST, 21.34 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 2,443 SQUARE FEET (0.06 ACRES). Resolution No. 2014-338 Page 4 OWNER - WALGREEN COMPANY PARCEL NO. - 8813-04-276-041 TOTAL ACQUISITION - $3,548.59 PARCEL DESCRIPTION: ACQUISITION PLAT PART OF LOT 23, SOUTHGATE, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 23; THENCE SOUTH 0°53'04" EAST ON THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE, 5.00 FEET; THENCE SOUTH 89°15'55" WEST, 15.00 FEET; THENCE NORTH 0°52'32" WEST, 5.00 FEET TO THE SOUTH RIGHT OF WAY LINE OF WEST RIDGEWAY AVENUE; THENCE NORTH 89°15'55" EAST ON SAID SOUTH RIGHT OF WAY LINE, 15.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 75 SQUARE FEET. PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF LOT 23, SOUTHGATE, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 23; THENCE SOUTH 89°18'00" WEST ON THE SOUTH LINE OF SAID LOT 23, A DISTANCE OF 20.00 FEET; THENCE NORTH 0°53'04" WEST, 347.73 FEET TO THE NORTH LINE OF SAID LOT 23; THENCE NORTH 89°15'55" EAST ON SAID NORTH LINE, 5.00 FEET; THENCE SOUTH 0°52'32" EAST, 6.00 FEET; THENCE NORTH 89°15'55" EAST, 15.00 FEET TO THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 0°53'04" EAST ON SAID RIGHT OF WAY LINE, 341.74 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 6,865 SQUARE FEET (0.16 ACRES) . OWNER - DONALD J. AND RICHARD H. HURST CONTRACT BUYER - HURST HOLDING CO. INC. PARCEL NO. - 8813-34-477-009 TOTAL ACQUISITION - $22,134.00 PARCEL DESCRIPTION: ACQUISITION PLAT PART OF THE SE SE 1,1 OF SECTION 34, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF WEST RIDGEWAY AVENUE AND THE EAST RIGHT OF WAY LINE OF BELLAIRE ROAD; THENCE NORTH 89°15'55" EAST ON SAID NORTH RIGHT OF WAY LINE, 263.99 FEET TO THE POINT OF BEGINNING; THENCE NORTH 44°11'41" EAST, 37.81 FEET; THENCE NORTH 1°47'12" WEST, 47.20 FEET; THENCE NORTH 88°12'48" EAST, 9.00 FEET TO THE WEST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 1°47'12" EAST ON SAID WEST RIGHT OF WAY LINE, 59.36 FEET TO A NORTHWESTERLY RIGHT OF WAY LINE OF KIMBALL AVENUE; Resolution No. 2014-338 Page 5 THENCE SOUTH 44°11'41" WEST ON SAID NORTHWESTERLY RIGHT OF WAY LINE, 20.87 FEET TO THE SAID NORTH RIGHT OF WAY LINE; THENCE SOUTH 89°15'55" WEST ON SAID NORTH RIGHT OF WAY LINE, 21.19 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 917 SQUARE FEET (0.02 ACRES). PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE SE 1,1 SE OF SECTION 34, TOWNSHIP 89 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF WEST RIDGEWAY AVENUE AND THE EAST RIGHT OF WAY LINE OF BELLAIRE ROAD; THENCE NORTH 89°15'55" EAST ON SAID NORTH RIGHT OF WAY LINE, 256.74 THENCE NORTH THENCE NORTH THENCE NORTH RIGHT OF WAY THENCE SOUTH LINE, 286.65 THENCE SOUTH THENCE SOUTH THENCE SOUTH RIGHT OF WAY THENCE SOUTH BEGINNING. FEET TO THE POINT OF BEGINNING; 44°11'41" EAST, 39.29 FEET; 1°47'12" WEST, 332.69 FEET; 88°12'45" EAST, 15.00 FEET TO THE WEST LINE OF KIMBALL AVENUE; 1°47'12" EAST ON SAID WEST RIGHT OF WAY FEET; 88°12'48" WEST, 9.00 FEET; 1°47'12" EAST, 47.20 FEET; 44°11'41" WEST, 37.81 FEET TO SAID NORTH LINE; 89°15'55" WEST, 7.06 FEET TO THE POINT OF DESCRIBED PARCEL CONTAINS 4,472 SQUARE FEET (0.10 ACRES). OWNER - COVENANT MEDICAL CENTER INC. PARCEL NO. - 8913-35-353-008 AND 8913-35-353-009 TOTAL ACQUISITION - $6,019.16 PARCEL DESCRIPTION: ACQUISITION PLAT COMMENCING AT THE SOUTHWEST CORNER OF LOT 37, SUNSET HILLS, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA: THENCE SOUTH 1°47'12" EAST ON THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE, 345.41 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88°12'48" EAST, 20.00 FEET; THENCE SOUTH 1°47'12" EAST, 224.13 FEET; THENCE SOUTH 46°43'05" WEST, 2.49 FEET TO AN EASTERLY RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 45°45'07" WEST ON SAID EASTERLY RIGHT OF WAY LINE, 1.63 FEET TO SAID EAST RIGHT OF WAY LINE; THENCE NORTH 1°47'12" WEST ON SAID EAST RIGHT OF WAY LINE, 224.61 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 676 SQUARE FEET (0.016 ACRES). PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT COMMENCING AT THE SOUTHWEST CORNER OF LOT 37, SUNSET HILLS, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA: Resolution No. 2014-338 Page 6 THENCE SOUTH 1°47'12" EAST ON THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE, 235.01 FEET TO THE POINT OF BEGINNING; THENCE NORTH 88°12'48" EAST, 20.00 FEET; THENCE SOUTH 1°47'12" EAST, 350.96 FEET TO THE NORTH RIGHT OF WAY LINE OF EAST RIDGEWAY AVENUE; THENCE SOUTH 89°19'36" WEST ON SAID RIGHT OF WAY LINE, 28.14 FEET; THENCE NORTH 45°45'07" WEST ON SAID RIGHT OF WAY LINE, 19.78 FEET; THENCE NORTH 46°43'05" EAST, 2.49 FEET; THENCE NORTH 1°47'12" WEST, 224.13 FEET; THENCE SOUTH 88°12'48" WEST, 3.00 FEET TO THE EAST EIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 1°47'12" WEST ON SAID RIGHT OF WAY LINE, 110.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 14,286 SQUARE FEET (0.33 ACRES). OWNER - KENNETH A. AND PATTY L. BUDKE PARCEL NO. - 8813-03-151-001 TOTAL ACQUISITION - $786.38 PARCEL DESCRIPTION: ACQUISITION PLAT PART OF THE NE k NE OF SECTION 4, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF EAST RIDGEWAY AVENUE AND THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 89°19'36" EAST ON SAID SOUTH RIGHT OF WAY LINE, 8.00 FEET; THENCE SOUTH 44°13'32" WEST, 11.29 FEET TO SAID EAST RIGHT OF WAY LINE; THENCE NORTH 0°52'32" WEST ON SAID EAST RIGHT OF WAY LINE, 8.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 32 SQUARE FEET. PARCEL #1 DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE NE k NE k SECTION 4-T88N-R13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF EAST RIDGEWAY AVENUE AND THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE SOUTH 0°52'32" EAST ON THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE, 138.73 FEET TO THE POINT OF BEGINNING. THENCE NORTH 89°07'28" EAST, 10.00 FEET; THENCE SOUTH 0°52'32" EAST, 35.05 FEET TO THE SOUTH LINE OF THE LAND DESCRIBED IN DEED TO KENNETH A. AND PATTY L. BUDKE, RECORDED IN LD BOOK 553 AT PAGE 843 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE SOUTH 89°23'09" WEST ON SAID SOUTH LINE, 10.00 FEET TO SAID EAST RIGHT OF WAY LINE; THENCE NORTH 0°52'32" WEST ON SAID EAST RIGHT OF WAY LINE, 35.00 FEET TO THE POINT OF BEGINNING. Resolution No. 2014-338 Page 7 DESCRIBED PARCEL CONTAINS 350 SQUARE FEET (0.008 ACRES). PARCEL #2 DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE NW k NW k SECTION 3-T88N-R13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF EAST RIDGEWAY AVENUE AND THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 89°19'36" EAST ON SAID SOUTH RIGHT OF WAY LINE, 66.98 FEET TO THE POINT OF BEGINNING. THENCE CONTINUING NORTH 89°19'36" EAST ON SAID SOUTH RIGHT OF WAY LINE, 55.00 FEET; THENCE SOUTH 0°40'24" EAST, 10.00 FEET; THENCE SOUTH 89°19'36" WEST, 55.00 GEET; THENCE NORTH 0°40'24" WEST, 10.00 FEET TO THE POINT OF BEGININNG; DESCRIBED PARCEL CONTAINS 550 SQUARE FEET (0.01 ACRES). PARCEL #3 DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF THE NW k NW k SECTION 3-T88N-R13W, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF EAST RIDGEWAY AVENUE AND THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 89°19'36" EAST ON SAID SOUTH RIGHT OF WAY LINE, 160.02 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°19'36" EAST ON SAID SOUTH RIGHT OF WAY LINE, 15.00 FEET TO THE EAST LINE OF THE LAND DESCRIBED IN DEED TO KENNETH A. AND PATTY L. BUDKE, RECORDED IN LD BOOK 553 AT PAGE 843 IN THE OFFICE OF THE BLACK HAWK COUNTY RECORDER; THENCE SOUTH 0°52'32" EAST ON SAID EAST LINE, 10.00 FEET; THENCE SOUTH 89°19'36" WEST, 15.00 FEET; THENCE NORTH 0°40'24" WEST, 10.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 150 SQUARE FEET (0.003 ACRES). OWNER - DIANE L. SMITH PARCEL NO. - 8813-03-301-001 TOTAL ACQUISITION - $277.30 PARCEL DESCRIPTION: ACQUISITION PLAT PART OF LOT 112, SOUTHAVEN ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 112; THENCE NORTH 89°35'39" EAST ON THE NORTH LINE OF SAID LOT 112, A DISTANCE OF 10.00 FEET; THENCE SOUTH 1°42'05" EAST, 9.00 FEET; THENCE SOUTH 89°35'39" WEST, 10.00 FEET TO THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 1°42'05" WEST ON SAID EAST RIGHT OF WAY LINE, 9.00 FEET TO THE POINT OF BEGINNING. Resolution No. 2014-338 Page 8 DESCRIBED PARCEL CONTAINS 90 SQUARE FEET. PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF LOT 112 OF SOUTHAVEN ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 112; THENCE NORTH 89°35'39" EAST ON THE NORTH LINE OF SAID LOT 12, A DISTANCE OF 15.00 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°35'39" EAST ON SAID NORTH LINE, 30.00 FEET; THENCE SOUTH 0°24'11" EAST, 10.00 FEET; THENCE SOUTH 89°35'39" WEST, 30.00 FEET; THENCE NORTH 0°24'11" WEST, 10.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 300 SQUARE FEET (0.007 ACRES). OWNER - EAGLE WATCH INVESTMENTS INC. PARCEL NO. - 8813-03-351-119 TOTAL ACQUISITION - $626.09 PARCEL DESCRIPTION: ACQUISITION PLAT PART OF LOT 56, BROOKERIDGE ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 56; THENCE SOUTH 89°13'16" WEST ON THE NORTH LINE OF SAID LOT 56, A DISTANCE OF 80.91 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 57°00'48" WEST, 22.51 FEET TO THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE; THENCE NORTH 44°19'50" EAST ON A SOUTHERLY RIGHT OF WAY LINE OF BROOKERIDGE DRIVE, 17.00 FEET; THENCE NORTH 89°13'16" EAST ON THE SOUTH RIGHT OF WAY LINE OF BROOKERIDGE DRIVE, 7.00 FEET TO THE POINT OF BEGINNING. DESCRIBED PARCEL CONTAINS 42 SQUARE FEET. PARCEL DESCRIPTION: TEMPORARY EASEMENT EXHIBIT PART OF LOT 56, BROOKERIDGE ADDITION, CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 56; THENCE NORTH 0°33'36" WEST ON THE EAST RIGHT OF WAY LINE OF KIMBALL AVENUE, 187.88 FEET; THENCE NORTH 57°01'16" EAST, 5.92 FEET; THENCE SOUTH 0°33'36" EAST, 191.02 FEET TO THE SOUTH LINE OF SAID LOT 56; THENCE SOUTH 89°15'20" WEST ON SAID SOUTH LINE, 5.00 FEET TO THE POINT OF BEGINNING DESCRIBED PARCEL CONTAINS 947 SQUARE FEET (0.02 ACRES). Resolution No. 2014-338 Page 9 PASSED AND ADOPTED this 5th day faf May, 2014. ATTEST: I 9(.14a.x.)2,- Suzy Sc are , CMC City Clerk . -fi ,/,,,e Ernest G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 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: May 5, 2014 Prepared: April 29, 2014 Dept. Head Signature: # of Attachments: 7 SUBJECT: Minor Site Plan Amendment request to the "C -1,C -Z" Conditional Zoning District, to allow for the removal of the existing McDonalds Restaurant and allow for a new 5,235 SF McDonalds Restaurant to be built in its place. Submitted by: Noel Anderson, Community Planning & Development Director PATRICK Recommended City Council Action: Approval MORRISEY Ward 3 Summary Statement: Transmitted herewith is a request by Bishop Engineering on the behalf of McDonalds Corporation for a minor site plan amendment to the QART UENTIN "C -1,C -Z" Conditional Zoning District, to allow for the construction of a 5,235 SF Ward 4 McDonalds Restaurant located at the northwest corner of Kimball Avenue and Brookeridge Drive, commonly known as 3658 Kimball Avenue. Currently, there is RON an existing restaurant upon the site that was built in 1982, and that will be WEEPER demolished and replaced with the proposed structure. The proposed 5,235 SF Wards p p p P P structure would be constructed with a mixture of glass, brick as well as TOM accommodating signage. Overall, the proposed structure would have a more LIND modern appearance and would appear to fit the commercial character of the At -Large surrounding area. There is professional office directly to the west of the site in STEVE question that buffers the restaurant use from the residential uses along Pheasant SCHMITT Lane. The development of the restaurant would appear to be in compliance with At -Large the Future Land Use Map for this area, which designates is as Mixed Commercial, Medium to High Density Residential, Professional Offices and Compatible Light Commercial. The Zoning Ordinance (Chapter 5, 10-5-1 General Regulations, N. Conditional Zoning, 4b states that "Examples of minor changes may include, but are not limited to the following: the location, construction, replacement or change in type of signage, changes in curb cut location, sign locations, shifts in building location, landscaping features, and parking circulation." Essentially, the applicant is rebuilding the same store layout, with a shift in building location, a slight change in curb cut locations, and a minor change in parking circulation (one could argue this last one at all is changing, as the parking layout is slightly different, yet the CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer same circulation pattern, the reason I mention it is due to the double drive-thru lane should alter the circulation through the site, probably making it a lot more efficient). Therefore, staff would recommend approval of the request for a minor site plan amendment request to the "C -1,C -Z" Conditional Zoning District, to allow for the construction of a 5,235 SF McDonalds Restaurant building, replacing the existing building upon the site. Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: Background Information: This particular area has seen an interest in new development following the construction of the Ansborough Avenue/Highway 20 interchange. Legal Description: The South 180' of the East 295' of Lot 155, Grangers Second Addition, NA: ta cc: Aric Schroeder, City Planner Eric Thorson, City Engineer --file-- Existing McDonalds to be Demolished New one to be built in its place Brookeridge Drive Note: Base map 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, culla* employees. The City of Waterloo makes no warranty, express implied, as to the accuracy of the information shorn 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. ft ®DO (El QQ G4¢ A f ,... y” 73. is 5 AAA 0 A pek �i lis Y c R R BUILDING SIGNAGE SCHEDULE FACADE SIGN ELEMENT I S.F. 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A10191 333119a %Kro e rtiti3 'tilts oda 1999 111 alp:« COLOS VOW.. altar& Inarai arumvs I a3a ormS23LM1 rar NVId 1fOAV1OOO 311 'vsn s.pleuoa3W' j Dr) ban 22.21.23.2. OL 2202 .1.24221 3119 NVId ails 11V9V IN - VI `OO12131VM i 1 a t Wg fi 8Szi za 3 p g y UP o € i eo bU 7 j m II Yea $ ybyF ii 1 X 31 4 tl Y 11 G 3W cc cn O Y filg s rya 1 v Q cpps §; H"ill 3 00 to n kg, Ssb S $au 1. 3 06 2 i 0 9 8 0 00 8 00 00 0 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-339 RESOLUTION APPROVING REQUEST OF BISHOP ENGINEERING ON BEHALF OF MCDONALDS CORPORATION FOR A MINOR SITE PLAN AMENDMENT TO THE "C -1,C -Z" CONDITIONAL ZONING DISTRICT TO ALLOW FOR THE REMOVAL OF THE EXISTING MCDONALDS RESTAURANT AND FOR THE CONSTRUCTION OF A 5,235 SQUARE FOOT MCDONALDS RESTAURANT TO BE BUILT IN ITS LOCATION AT 3658 KIMBALL AVENUE. WHEREAS, it has been proposed that the Council of the City of Waterloo, Iowa, approve the request of Bishop Engineering on behalf of McDonalds Corporation for a minor Site Plan Amendment to the "C -1,C -Z" Conditional Zoning District to allow for the removal of the existing McDonalds Restaurant and for the construction of a 5,235 square foot McDonalds Restaurant to be built in its location at 3658 Kimball Avenue, legally described as follows: The South 180 feet of the East 295 feet of Lot 155, Grangers Second Addition, all in the City of Waterloo, Black Hawk County, Iowa; WHEREAS, due to the insignificant nature of said minor Site Plan Amendment, the Council did not deem it necessary to hold a public hearing, and WHEREAS, it is the opinion of this Council that said minor Site Plan Amendment should be approved as proposed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that a minor Site Plan Amendment to the "C -1,C -Z" Conditional Zoning District to allow for the removal of the existing McDonalds Restaurant and for the construction of a 5,235 square foot McDonalds Restaurant to be built in its location at 3658 Kimball Avenue, be and the same is hereby approved. PASSED AND ADOPTED this 5th day of May, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Scha\e , CMC City Cler Resolution No. 2014-339 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2014-339, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 5th day of May, 2014. Witness my hand and seal of office this 5th day of May, 2014. SEAL L.R...e-) Suzy Schaies, CMC City Cler CITY OF WATERLOO Council Communication 4 City Council Meeting: __5 201— Prepared: Apri130 2014 PH Dept. Head Signature: # of Attachments: 1 SUBJECT: FACILITY USE AGREEMENT WITH THE GYM CROSSFIT KILO AT THE CEDAR VALLEY SPORTSPLEX. Submitted by: Mark Galla her Recreation Services Leisure Services Recommended City Council Action: Request that the City Council Ko approve and authorize the Mayor to sign a Facility Use Agreement with The Gym Cross Summary Statement: This agreement calls for The Gym Crossfit Kilo to offer Kilo Trained activities in the existing shell space and allow for SportsPlex members to participate at a reduced rate. Expenditure Required: N/A Source of Funds: N/A Policy Issue: NA Alternative: NA Background Information: Contract is attached for your review. FACILITY USE AGREEMENT This Facility Use Agreement (the "Agreement") is entered into as of the 2014,,ty of Waterloo, Iowa, acting gLifestyles, L.L.C. d/b/a The Gym CrossFit Kilo ' by and through the Leisure Services Commission ("City"). and ( ty). RECITALS A. City operates a multi -use athletic and wellness facility know SportsPlex (the "Facility". n as the Cedar Valley B. CrossFit desires to use space in the Facility to conduct fitness classes lasses for Facility AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged sufficiency of which is hereby acknowledged, follows:g herein, and for other consideration, the receipt and the parties agree as 1. Premises- Term. City authorizes CrossFit to use and occupy, basis, that portion of the Facility that is identified on Exhibit "A" attached hereto and further grants to CrossFit, its employees and contractors, reasonable on a non-exclusive to and from the Premises through publicly available walkways. (the "Premises"), horiz io ingressoand egress the right to use any or part of the Facility except on such terms as apply to Facility y This authorization does not include to the terms of this Agreement, the term hereof shall commence on May 1, 2014 and continue and including April 30, 2015. This Agreement may be renewed by members. Subject they may mutually agree in writing, hereunder during the initial term. until the parties upon such terms as 2. Res pon s_ . Subject to the terms of this Agreement, the parties agree that Cr s not is solely responsible for all activities that it conducts in or about the Premises and th responsible therefor to any extent except as expressly at City is not specifically assumed by City hereunder shall be solely thateof CrossFit. n, and CrossFit shall beking hatbeing not responsible for all furnishings and equipment needed to conduct its authorized activities. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to betsolely third a party or to impose any obligation upon City or CrossFit of any kind whatsoever with b regard tof o any third party. Y 3. Conditions of Use. CrossFit is authorized to use the Premises subject to the following terms and conditions: A. The Premises may be used only for fitness classes and for no other activity. Other than subscriptions for classes provided at the Premises, CrossFit may no offer, advertise or sell any goods or services of any type upon the Premises. B. Classes are available to anyone, including individuals who are not Facility members; provided, however, that non-members may not utilize any of the Facility amenities other than public restrooms. C. Facility members will be given a 15% discount from any fees charged by CrossFit for class participation, as compared to fees charged at CrossFit's Cedar Falls facility. CrossFit will not provide a discount of any type to persons who are not Facility members. D. The City, its employees, contractors and agents, shall have access to the Premises at all reasonable times for purposes of conducting inspections, repairs and maintenance in an adjoining electrical room. E. The City may use the Premises, or may permit use of the Premises by others, when the Premises are not in use by CrossFit. F. Upon completion of each class session or block of class sessions, CrossFit will pick up and dispose of all trash and refuse that remains on the Premises, leaving the Premises in a condition that is as good and clean as it was before classes began that day. G. CrossFit will cooperate with the City in good faith to resolve any issues that may arise relating to its use of the Premises. 4. Usage Fee. As compensation to City for use of the Premises, CrossFit shall make the following monthly payments to City, in advance, due and payable on or before the first day of each month during the term hereof: (a) $1,400 on or before May 1, 2014, to be held by City for application to the final month's payment, (b) $0 for May through August, and (c) $1,400 for September and months thereafter. In addition, no later than May 1, 2014, CrossFit will pay a security deposit of $500.00. 5. Alterations. CrossFit may install flooring in the Premises suitable for its needs, subject to the prior written consent of City. CrossFit will make no other alterations to the Premises without the prior written consent of City. 6. Indemnity. CrossFit agrees to defend, indemnify and hold harmless City, its officials, officers, employees, and agents, from and against any and all claims, demands, actions, causes of action and liabilities whatsoever, including but not limited to reasonable attorneys' fees and expenses, existing at law or in equity, whether sounding in tort or contract, arising from or in any way connected with the acts or omissions of CrossFit, its officers, directors, employees, consultants, contractors, or agents, (a) with respect to any and all activities in or upon the Premises in connection with CrossFit's use thereof, including but not limited to any damage done to the Facility, and (b) in otherwise performing their duties under this Agreement. 7. Waiver. CrossFit agrees that it takes the Premises in their "AS IS" condition, without any representation or warranty by City as to the condition of same or their suitability for any purpose contemplated by this Agreement. CrossFit hereby waives all claims, demands, actions, causes of action and liabilities of any type or nature whatsoever that it may at any time have against City, its officials, officers, employees and agents, in any way relating to any failure of City to properly maintain, operate and manage the Facility or the Premises in a safe or serviceable manner for any reason or any cause whatsoever. 2 8. Insurance. A. Each party will each keep its respective property interests in the Premises and its liability in regard thereto, and the personal property on the Premises, reasonably insured against hazards and casualties: that is, fire and those items usually covered by extended coverage. B. CrossFit further covenants and agrees that it will procure and maintain property damage and general liability insurance in a responsible company or companies authorized to do business in the State of Iowa, in amounts not less than $1,000,000. Such insurance shall, at minimum, cover liability arising from premises operations, independent contractors, personal injury, products, and completed operations and liability assumed under an insured contract, including but not limited to the activities of CrossFit, its officers, directors, employees, consultants, contractors, or agents. Certificates or copies of said policies, naming City as an additional insured, and providing for thirty (30) days' advance notice to City before cancellation, shall be delivered to City no later than April 30, 2014. A renewal certificate shall be provided to City prior to expiration of any policy. C. CrossFit will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the Premises or upon any personal property of CrossFit upon which City by law or by the terms of this Agreement, has or shall have a lien. D. CrossFit further agrees to comply with recommendations of Iowa Insurance Services Office and to be liable for and to promptly pay any increase in insurance rates on said Premises and on any buildings of which said Premises are a part, due to increased risks or hazards resulting from CrossFit's use of the Premises otherwise than as herein contemplated and agreed. E. Except as expressly stated to the contrary in this Agreement, subrogation rights are not waived. 9. Non -Discrimination. The parties agree that no person shall be excluded from participating in CrossFit classes or activities, nor otherwise be denied the benefit of or subjected to discrimination in connection with same, on the basis of race, color, national origin, religion, creed, sex, sexual orientation, gender identity, disability or age. 10. No Assignment. CrossFit may not assign or sublease its interest in this Agreement or the Premises without the prior written consent of City. 11. Termination for Cause. City may terminate this Agreement at any time for "cause" by delivery of fourteen (14) days' advance written notice to CrossFit. "Cause" means (a) CrossFit is in material breach of any term, condition, or provision of this Agreement and shall have failed to cure such breach within fourteen (14) days of receipt of written notice thereof from City specifying the nature of the breach, or (b) willful and deliberate disregard for the interests of City that are done in bad faith, or illegal conduct causing injury to City. Waiver of any default is not a waiver of any other or subsequent default. 12. Legal Action. If City initiates any action to enforce the terms of this Agreement or to recover damages for the breach hereof by CrossFit, then if City prevails in such action CrossFit shall be liable for all attorneys' fees and expenses incurred by City. 3 13. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States registered or certified mail, postage prepaid and addressed: CROSSFIT The Gym CrossFit Kilo 3109 Venture Way Cedar Falls, Iowa 50613 Attn: Armand McCormick CITY Waterloo Leisure Services 1101 Campbell Avenue Waterloo, Iowa 50701 Attn: Leisure Services Director Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed as stated above. 14. Relationship of Parties. 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 City and CrossFit nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 15. Miscellaneous Provisions. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. This Agreement is the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior understandings or agreements relating to the subject matter hereof, whether oral or written, and this Agreement may not be modified except by the mutual written agreement of both parties. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Facility Use Agreement by their duly authorized representatives as of the date first set forth above. IMPROVING LIFESTYLES, L.L.C., CITY OF WATERLOO, IOWA d/b/a The Gym CrossFit Kilo By: By: Armand McCormick, Manager Ernest G. Clark, Mayor Attest: 4 Suzy Schares, City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-340 RESOLUTION APPROVING FACILITY USE AGREEMENT WITH THE GYM CROSSFIT KILO OF CEDAR FALLS, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Facility Use Agreement dated May 5, 2014, in the amount of $1,400.00 per month after the first three months, with Kilo trained activities in existing shell space in the SportsPlex and allow members to participate at a reduced rate, for the period of May 1, 2014 through April 30, 2015, by and between The Gym CrossFit Kilo of Cedar Falls, 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 5th day of May, 2014. ATTEST: "✓ CCG Ernest G. Clark, Mayor Suzy Schars, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: May 5, 2014 Prepared: April 29, 2014 Dept. Head Signature:' # of Attachments: 2 SUBJECT: Recommendation- Award of Bid to Zoll Medical Corporation for the purchase of seven (7) 12 -lead cardiac monitors in an amount not to exceed $185.382.12 Submitted by: Pat Treloar, Chief of Fire Services Recommended City Council Action: Approval Summary Statement: It is my recommendation that the bid from Zoll Medical Corporation in an amount not to exceed $185,382.12 be accepted. Expenditure Required: $185,382.12 Source of Funds: Bond/Black Hawk Gaming Association Grant Policy: N/A Alternative: N/A Background Information: Bids received were: Zoll Medical Corporation Physio -Control, Inc. Phillips Healthcare $185,382.12 $219,829.80 $172,313.27 with CO Technology $236,013.27 Phillips Healthcare is low bidder; however their bid did not meet an important element of the monitor specifications. The Phillips monitor lacks the capability of carboxyhetnoglobin (SpCO) as well as methemoglobin (SpMet) monitoring. Representatives from Phillips Healthcare have indicated that they are waiting FDA approval to add these devices to their cardiac monitors. We deem Carbon Monoxide monitoring a crucial part of overall patient care. Both the Zoll monitor and the Physio -Control monitor have the function. I have attached a letter from Philips that indicates that they currently do not have the technology as well as their bid with the Carbon Monoxide technology if they had it. Philips Healthcare April 24, 2014 Waterloo Fire Rescue 425 East Third Street Waterloo, IA 50703 Attn: Barbara McBride, Medical Supervisor Dear Ms. McBride, PHILIPS We wish to thank you for your consideration of Philips Healthcare. As you are likely aware, the HeartStart MRx monitor/defibrillator provides Philips industry-leading patient monitoring technology, with exceptional diagnostic measurements, and evidence -based proven resuscitation therapies in a rugged, reliable, and easy-to-use design. Philips has a proven track record of listening to our customer and investing in technology solutions designed to enhance workflow and patient care in your work environment. To this end, we are currently engaged in a project to incorporate carboxyhemoglobin (SpCO) and methemoglobin (SpMet) monitoring functionality as a configurable option on the HeartStart MRx. Please note that this option is not available for sale in the US at this time, and will only be offered for sale if and when applicable pre -market requirements have been met. Because we are currently in the development stage of this technology, pricing is not available at this time. However, as a point of reference only and for budgetary purposes, we can communicate that we intend the cost to be comparable with similar integrated monitoring technologies currently available in the market. In addition, we do not anticipate the cost to exceed $5600 for SpCO monitoring (including the option, patient cable, and adult finger sensor) and $9100 for SpCO & SpMet monitoring (including the option, patient cable, and adult finger sensor). We greatly appreciate the opportunity to provide you with this information, and our commitment regarding SpCO and SpMet monitoring, and look forward to discussing Philips' solutions with you now and in the future. Sincerely, Jeff Heyman Senior Product Manager Emergency Care & Resuscitation Philips Healthcare 3000 Minutcman Road Andover, MA 01810 Revision C Section 3 Response to RFP Bid Prices The bidder proposes to meet or exceed the Specifications for the below quoted prices. Philips clarifies. Philips has made every effort to match the equipment quoted to the bid specifications put forth by Customer. Philips makes no representations as to the equipment's performance other than as it relates to Philips published specifications included with this bid. Please see our responses to specifications in this section, as well as the provided quotation in Section 1. $ 316.221.86 Base Price- including freight and delivery for (7) 12 -lead cardiac monitors and associated accessories to Waterloo Fire Rescue, 425 East Third Street, Waterloo, IA 50703. $ 19,000 -Trade in amount $ 172,313.27 (Includes Promotional , Trade -In and Special Discount) < $ 236,013.27 Total Bid Price (Includes CO Technology, please see the attached CO letter prefacing the quotation in Section 1. For more information) PHILIPS All information contained in this proposal is proprietary and confidential. Section 3 Page 5 Waterloo Fire Rescue HeartStart MRx Defibrillator April 2014 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-341 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF BID TO ZOLL MEDICAL CORPORATION, IN CONJUNCTION WITH THE PURCHASE OF SEVEN (7) 12 -LEAD CARDIAC MONITORS, IN AN AMOUNT NOT TO EXCEED $185,382.12. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Zoll Medical Corporation, in an amount not to exceed $185,382.12, in conjunction with the Purchase of Seven (7) 12 -Lead Cardiac Monitors described in the specifications heretofore adopted by this Council for said purchase with Resolution No. 2014-292, after public hearing on April 28, 2014 on published notice required by law, be and is hereby accepted. PASSED AND ADOPTED this 5th day of May, 2014. ATTEST: L � Suzy Schare , CM City Clerk Ernest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: April 30. 2014 Prepared: Ma 201 Dept. Head Signature: # of Attachments: (1) 28E Ambulance Response Agreements SUBJECT: 28E Ambulance Response Agreements Submitted by: Pat Treloar, Chief of Fire Services Recommended City Council Action: Approve and have Mayor Clark sign three (3) 28 E Agreements between the City of Waterloo and the following communities: Trmtcr, Grundy Center, and Allison Summary Statement: Waterloo Fire Rescue currently has Ambulance Response Agreements (Mutual Aid Agreements) with all communities listed above. On December 16, 2013 council approved a rate increase thus new agreements needed to be drafted and sent to the agencies affected by the increase. Expenditure Required: Source of Funds: Revenue Line Item: 010-12-1410-3414-Amubulance Service Fee Policy Issue Alternative Background Information: On average WFR responds to 50 mutual aid calls per year to surrounding communities. Communities that request Mutual Aid do so for various reasons that include: 1) No personnel available. 2) Advanced Life Support Call that requires a paramedic level skill. 3) Special equipment is needed. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-342 RESOLUTION APPROVING 28E AGREEMENTS WITH GRUNDY CENTER AND ALLISON AND DIRECTING EXECUTION OF SAID 28E AGREEMENTS BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the 28E Agreements dated May 5, 2014, to provide fire and emergency medical response services to townships that surround the City of Waterloo, by and between Grundy Center and Allison and the City of Waterloo, Iowa, be and the same are hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 5th day of May, 2014. ATTEST: al__ rnest G. Clark, Mayor Suzy Scharos, City Clerk CITY OF WATERLOO Council Communication City Council Meeting: May 5, 2014 Prepared: April 30, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2014 STORMWA'I'ER LIFT STATIONS (HOLLYWOOD, CEDAR BEND, FLETCHER) NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT TO THE IOWA DEPARTMENT OF NATURAL RESOURCES Submitted by: Jamie Knutson, P.E., Associate Engineer Recommended City Council Action: It is recommended that the Mayor be authorized to sign this Notice of Intents for NPDES Coverage Under General Permit to the Department of Natural Resources. Summary Statement Attached are four "NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT" for storm water discharges associated with the above referenced project. These documents have been reviewed by this office they are recommended for approval by the City Council. Expenditure Required $1,400.00 ($350.00 each for 4 lift station sites) (Hollywood, Cedar Bend, Fletcher (2)) Source of Funds CDBG funding Policy Issue N/A Alternative None Background Information: STATE OF IOWA, } Black Hawk County, SS PUBLIC NOTICE OF STORM WATER DISCHARGE City of Waterloo plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under the NPDES General Permit No. 2. The storm water discharge will be from construction of a storm water lift station located in NW 1/4 of 27 -89N -13W in Black Hawk County. Storm water will be discharged from 1 point source(s) and will be discharged to the following streams: Black Hawk Creek to Cedar River. Comments may be submitted to the Storm Water Discharge Coordinator, Iowa Department of Natural Resources, Envi- ronmental Protection Division, 502 E. 9th Street, Des Moines, IA 50319-0034. The public may review the Notice of Intent from 8:00 am to 4:30 pm, Monday through Friday, at the above address after it has been received by the department. I do solemnly swear that the annexed copy of legal City of Waterloo Storm Water Notice — Fletcher Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 8th day of May, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $10.64 CAAAYLe/k; Signed Subscribed and sworn to before me this 1a Day of CU— A.D., 20 l q ocLoC IT eltLibli Notary Public Received of the sum of Dollars. In full for publication of the above notice. JODI E MCKiNSTRY CQ;+}!MISSrN NO. 82413 kfY COMM .:y r PIS STATE OF IOWA, } Black Hawk County, SS PUBLIC NOTICE OF STORM WATER DISCHARGE City of Waterloo plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under the NPDES General Permit No. 2. The storm water discharge will be from construction of a storm water lift station located in SE 1/4 of 28 -89N -13W in Black Hawk County. Storm water will be discharged from 1 point source(s) and will be discharged to the following streams: Black Hawk Creek to Cedar River. Comments may be submitted to the Storm Water Discharge Coordinator, Iowa Department of Natural Resources, Envi- ronmental Protection Division, 502 E. 9th Street, Des Moines, IA 50319-0034. The public may review the Notice of Intent from 8:00 am to 4:30 pm, Monday through Friday, at the above address after it has been received by the department. I do solemnly swear that the annexed copy of legal City of Waterloo Storm Water Notice — Hollywood Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 8th day of May, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $10.64 CaiuryuArqqatd,lcpA, Signed Subscribed and sworn to before me this IQ Day of A.D., 20 i l Received of Notary Public the sum of Dollars. In full for publication of the above notice. JODI E MCKINSTHY� r COMMISSION NO.782413 i MY COM" F L,, s STATE OF IOWA, } Black Hawk County, SS PUBLIC NOTICE OF STORM WATER DISCHARGE City of Waterloo plans to submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under the NPDES General Permit No. 2. The storm water discharge will be from construction of a storm water lift station located in SE1/4 of 15 -89N -13W in Black Hawk County. Storm water will be discharged from 1 point source(s) and will be discharged to the following streams: Cedar River. Comments may be submitted to the Storm Water Discharge Coordinator, Iowa Department of Natural Resources, Envi- ronmental Protection Division, 502 E. 9th Street, Des Moines, IA 50319-0034. The public may review the Notice of Intent from 8:00 am to 4:30 pm, Monday through Friday, at the above address after it has been received by the department. I do solemnly swear that the annexed copy of legal City of Waterloo Storm Water Notice — Cedar Bend Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 8th day of May, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $10.18 (oJvuYLG4tJ Signed Subscribed and sworn to before me this I Day of A.D., 20 1 4 cC (C/( Notary Public Received of the sum of Dollars. In full for publication of the above notice. .IOD! E MCKINSTRV e *. COMM!SS!ON NO.732413 SAY COLA I ° STATE OF IOWA, } Black Hawk County, SS PUBLIC NOTICE OF STORM WATER City of Waterloo plans DISCHARGEto submit a Notice of Intent to the Iowa Department of Natural Resources to be covered under the NPDES General Permit No. 2. The storm water discharge will be from waer lift station located in NE 1/4 off orm 27-89Nt13W in Black Hawk County. Storm water will be discharged from 1 and will be discharged to the following oint streams: Black Hawk Creek to Cedar River. Comments may be submitted to the Storm Water Discharge Coordinator, Iowa Department of Natural Resources, Envi- ronmental Protection Division, 502 E. 9th Street, Des Moines, IA 50319-0034. The public may review the Notice of Intent from 8:00 am to 4:30 pm, Monday through Friday, at the above address after it has been received by the department. I do solemnly swear that the annexed copy of legal City of Waterloo Storm Water Notice — Black Hawk Road Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 8th day of May, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $10.64 �Cr Signed Subscribed and sworn to before me this Day of rkctiLi bc c flC/LL4Lt Notary Public A.D., 20 I 1 Received of the sum of Dollars. In full for publication of the above notice. •. JODI E MCKINSTRY CC:MMISS!CN NO.7P;413 MY GUN S• •'Y_ Pi= S Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-343 RESOLUTION APPROVING NOTICE OF INTENT FOR NPDES COVERAGE UNDER GENERAL PERMIT WITH IOWA DEPARTMENT OF NATURAL RESOURCES AND DIRECTING EXECUTION OF SAID NOTICE OF INTENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Notice of Intent for NPDES Coverage Under General Permit dated May 5, 2014, for storm water discharges in conjunction with the F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend and Fletcher), Contract No. 836, by and between the Iowa Department of Natural Resources and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 5th day of May, 2014. ‘/(14, --eV Oa, Ernest G. Clark, Mayor ATTEST: Suzy Schaples, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: May 5, 2014 Prepared: April 30, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2014 KIMBALL AVENUE TRANSPORTATION IMPROVEMENTS STP -U-8155(731)-70-07 CITY CONTRACT NO. 843 BIDS RECEIVED & RECOMMENDATION OF AWARD Submitted by: Jeff Bales, Associate Engineer Recommended City Council Action: Staff has reviewed the bids and recommends Council award a contract to Cedar Valley Corp., LLC from Waterloo, Iowa in the amount of $5,914,306.72. Summary Statement On April 15, 2014, the DOT conducted a state letting and the following bids were received for the above -referenced project: Cedar Valley Corp., LLC. Peterson Contractors, Inc. K. Cunningham Construction Co., Inc. 5,914,306.72 6,137,162.62 6,417,453.01 After review of the bids it was determined that Cedar Valley Corp., LLC was the lowest responsive bidder and the Iowa DOT is recommending award to them in amount of $5,914,306.72. As the contracting authority, the City of Waterloo has two options - award a contract to Cedar Valley Corp., LLC or reject all bids. Staff recommends award to Cedar Valley Corp., LLC from Waterloo, Iowa. Expenditure Required Source of Funds Federal Aid, STP Funds, Local Option Sales Tax Funds, Sanitary Sewer and Storm Water Funds Policy Issue N/A Alternative N/A Background Information Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-344 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE F.Y. 2014 KIMBALL AVENUE TRANSPORTATION IMPROVEMENTS, CONTRACT NO. 843, IN THE CITY OF WATERLOO AS MAY 12, 2014, AT 5:30 P.M. IN THE LAW COURT THEATER AT THE WATERLOO CENTER FOR THE ARTS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet in the Law Court Theater at the Waterloo Center for the Arts in the City of Waterloo, Iowa, at 5:30 p.m. on the 12th day of May, 2014, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc., in conjunction with the F.Y. 2014 Kimball Avenue Transportation Improvements Project, Contract No. 843, in the City of Waterloo, with the taking of bids therefore. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 5th day of May, 2014. 7'ALeErnest G. Clark, Mayor ATTEST: Suzy Sch_res, MC City Cler CITY OF WATERLOO Council Communication City Council Meeting: May 5, 2014 Prepared: April 30 Dept. Head Signature: Eric Thorson, PE # of Attachments: SUBJECT: Ordinance 8-4B Revisions Submitted by: Phil Schuppert, Stormwater Specialist Recommended City Council Action: Approve the ordinance revisions intended to enhance the city's compliance activities for its IDNR storm sewer permit. Summary Statement: The Engineering Department has reviewed the existing ordinance and has found the need for amendments to maintain compliance with IDNR regulations. Among these amendments are the creation of a city permit to aid in the tracking and inspection of small construction sites. A copy of the intended revisions was distributed prior to the work session held to review these changes. The proposed revisions are also on file in the Engineering Department and are available for review upon request. Expenditure Required: None Source of Funds: N/A Policy Issue: N/A Alternative: None Background Information: The City of Waterloo maintains a permit for its stormwater discharge from the Iowa Department of Natural Resources as required by the National Pollutant Discharge Elimination System. In keeping with permit requirements, the city must have and enforce a Construction Site Erosion and Sediment Control Ordinance. The ordinance must be revised occasionally to maintain its effectiveness and compliance with the latest version of the city's permit, which will be renewed May 2014. This Ordinance prepared by Suzy ScharesNancy Eckert, City Clerk, 715 Mulberry Street, Waterloo, Iowa. IOWA: ORDINANCE NO. 4897 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY STRIKING IN ITS ENTIRETY ADDING ARTICLE B, CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL, OF CHAPTER 4, STORM WATER MANAGEMENT PROGRAM, OF TITLE 8, PUBLIC UTILITIES, AND BY SUBSTITUTING THEREFOR A NEW ARTICLE B. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, That Article B, Construction Site Erosion and Sediment Control, of Chapter 4, Storm Water Management Program, of Title 8, Public Utilities, is hereby stricken in its entirety, and a new Article B is hereby enacted as follows: TITLE 8 CHAPTER 4 STORM WATER MANAGEMENT PROGRAM ARTICLE B. CONSTRUCTION SITE EROSION AND SEDIMENT CONTROL Section 8-4B-1. Findings. A. The U.S. EPA's National Pollutant Discharge Elimination System ("NPDES") permit program ("Program") administered by the Iowa Department of Natural Resources ("IDNR") requires certain persons engaged in construction activities to submit an application to the IDNR for a State NPDES General Permit No. 2 ("State Permit"). Notwithstanding any provision of this chapter, every permit Applicant bears final and complete responsibility for compliance with a State NPDES General Permit No. 2 and any other requirement of state or federal law or administrative rule. B. As a condition of the eCity's Municipal Separate Storm Sewer System (MS4) Permit, the eCity is obliged to undertake primary supervisory responsibility for administration and enforcement of the Program by adopting a Construction Site Erosion and Sediment Control ordinance. In furtherance of this objective: 1. any person, firm, sole proprietorship, partnership, corporation, state agency or political subdivision (each an "Applicant") required by law or administrative rule to apply to the IDNR for a State NUDES Ccncral Permit N . 2 shall apply for such permit and shall !submit a Storm Water Pollution Prevention Plan ("SWPPP") to the City Engineer for approval. Water P lluti n Prcvcnti n Plan ("SWPPP"). For purposes of this article, an Applicant includes but is not limited to a Secondary Applicant, and each Secondary Applicant is subject to all provisions of Formatted { Comment [PSI.]: Add clarity Ordinance No. 4897 Page 2 this article that are applicable to an Applicant unless otherwise expressly stated. The Applicant shall not submit the r±Notice of }Intent for said State Permit No. 2 until the City Engineer has reviewed the SWPPP for completeness and for compliance with the State NPDES General Permit N . 2 and City requirements. Ocforc beginning construction activities at the prejcct site, the applicant shall r„ a nt te th ity nginccr a copy of the authorization issued by the IDNR.I 2. 2• the licenced professional engineer, { Comment [PS2]: Moved to 8 -4B -3A for clarity construction c ntract r, r any other person deemed ccordancc with go d "Applicant's Engineer") f r tThe Applicant shall have primary responsibility for the SWPPP design, inspection, monitoring and enforcement procedures required to promote Applicants' compliance with the State NPDES General Permit N . 2 requirements and the SWPPP for said site, but other persons may perform the SWPPP design, installation, inspection, and monitoring under the oversight of the Applicant's Engineer. 3. A State Permit No. 2 and SWPPP are not required for construction sites with an area of disturbed land that is less than one (1) acre, provided such land is not part of a permit larger common plan of development. However, it isouggcctcd recommended that the owner implement erosion control measures as described in the brochure "City of Waterloo Best Management Practices for Single Lots", available upon request at the City Engineer's office and the City Building Department. Notwithstanding the foregoing, the City desires to provide limited storm water oversight of all construction sites and for such purposes a local Construction Site Runoff permit shall be required for stormwater discharges from all construction sites as identified in 8 -4B -7(A), even if otherwise exempted from State Permit and SWPPP requirements. C. No state or federal funds have been made available to assist the eCity in administering and enforcing the Program. Accordingly, the eCity may choose to fund its application, inspection, monitoring and enforcement responsibilities in whole or in part by fees imposed on Applicants for permits that may be required hereunder, with such fees to be determined from time to time by resolution of the eCity eCouncil, and/or other sources of funding established by a separate ordinance. Section 8-4B-2. Definitions. A. Terms or acronyms used in this article shall, unless defined in this article, have the meanings given to them in section 8-4-1 of this chapter. B. As used in this article, the term "City Engineer" includes any other representative of the City Engineer's { Comment [PS3]: Move to 8 -4B -2E for clarity J Comment [P54]: State applicability to sites under one acre, refer to CSR permit section for small site requirements Ordinance No. 4897 Page 3 office that is designated by the City Engineer to act in the place and with the authority of the City Engineer. As so defined, the City Engineer is also referred to in this article as the "Enforcement Officer." C. As used in this article, the term "Applicant" also includes any person that has had a State NPDES GcncralPermit No. 2 issued to it, including but not limited to a Secondary Applicant. D. As used in this article, the term "Secondary Applicant" means any Applicant that is the transferee of responsibility under the State NPDES Ccncral Permit N . 2 and a SWPPP with respect to a single lot that was, as to any predecessor Applicant, part of a larger common plan of housing development. E. As used in this article, the term "Applicant's Engineer" means a licensed professional engineer, registered architect, registered landscape architect, licensed professional land surveyor, construction contractor, or any other person as expressly and specifically approved by the City Engineer who is deemed qualified to prepare a SWPPP in accordance with good engineering practices. F. As used in this article, the term "CSR Permit" means a permit issued by the City Engineer as provided in Section 8-4B-7 for all construction sites from which a discharge of stormwater is possible. G. As used in this article, the term "SWPPP Manager" means a person qualified by sufficient knowledge of SWPPP design and implementation and of applicable regulations to perform the inspection, monitoring, enforcement and reporting necessary to comply with the State NPDES Ccncral Permit, N . 2 SWPPP requirements and eCity regulations as applicable. The SWPPP mManager, unless otherwise specified in writing by the aApplicant, shall serve as the point of contact for the City Engineer for all matters pertaining to SWPPP compliance for the site. H. As used in this article, the term "State Permit" means a State NPDES General Permit No. 2 issued by IDNR. Section 8-4B-3. Submission and Approval of Storm Water Pollution Prevention Plan and Other Documents. A. No person shall begin work on any site that is subject to a State NPDES Ccncral Permit N . 2 until the City Engineer has approved the SWPPP c mpliancc with this Scction 8 IB 3, approval f a SWPPP by the city, and -c N -PB -ES Gcrcral Permit No. 2 N ticc f Intcnt by thc IDNR the Applicant is in possession of a State NPDES General Permit No.2 authorization letter.1 B. An Applicant in- ecaccci n f a Statc NPDES Ccncral Permit N . 2 iccucd by thc IDNR shall submit to the eCity complete copies of the materials described below, and any and all Cupp rting calculations: fComment [PSS]: Define the new CSR permit Comment [PS6]: Define the SWPPP manager, this is the person who is specified in the SWPPP as the point of contact who the city will deal with in the event of non-compliance Comment [PS7]: State permit now requires that construction not proceed until the authorization letter is received. This updates the city regulations to match Ordinance No. 4897 Page 4 1. All Applicant's plans, specifications, calculations, and supporting materials utilized to develop the Applicant's SWPPP; 2. The Notice of Intent and the IDNRState NPDES General Permit No. 2 letter of authorization. Applicant's auth rizationo icoucd pursuant t Applicant's State NPDES Ccncral Permit No. 2; The aApplicant may elect to submit its their SWPPP and supporting documentation for review prior to receipt of the IDNR letter of authorization, however, final approval of the SWPPP cannot be granted by the City Engineer until the letter of authorization is received-; and 3. AThe SWPPP shall be prepared in accordance with this chapter. Every SWPPP submitted to the eCity: a shall comply with all current minimum mandatory requirements for SWPPPs promulgated by the IDNR in connection with issuance of a State NPDES General Permit N . 2, as set out in the current version of the IDNR publication entitled, "Iowa Department of Natural Resources NPDES General Permit No. 2, Storm Water Discharge Associated with Industrial Activity for Construction Activities", (the "Permit Handbook") including, but not limited to, "Part IV. Storm Water Pollution Prevention Plans," and as said minimum mandatory requirements are modified from time to time hereafter; and b. shall, if the Applicant is required by law to file a Joint Application Form, Protecting Iowa Waters, Iowa Department of Natural Resources and U.S. Army Corps of Engineers, comply with all mandatory minimum requirements pertaining to such joint application;, land copies of the 4joint Aapplication permit shall be included within the SWPPP; land c. shall comply with all other applicable state or federal permit requirements in existence at the time of application; and d. shall be prepared by the Applicant's Engineer and shall include within the SWPPP a signed and dated certification by the Applicant's Engineer that the SWPPP complies with all requirements of this chapter. e. shall require the signature(s) identified in Section 8 -4B -1(B)(1) upon the following certification: I certify under penalty of law that this document and all attachments were prepared under my direction or supervision in accordance with a system designed to assure that qualified personnel properly gathered and evaluated the information submitted. Based on my inquiry of the person or persons who manage the system, or those persons directly responsible for gathering the Comment [PS8]: We can't issue a final SWPPP approval without the authorization letter, but typically people will submit while they are waiting for this paperwork to come back from the state to get the review going. This allows for that. Comment [PS9]: Requires that paperwork for 404 permits be included in the SWPPP. The 404 permit is for placement of fill or dredged material into public waters (such as temporary stream crossings), since this is a source of potential pollution, this information should be incorporated into the SWPPP as per GP2 rules Ordinance No. 4897 Page 5 information, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations. f. shall also contain the following certification signed by all contractors and subcontractors identified in the SWPPP: I certify under penalty of law that I understand the terms and conditions of the general National Pollutant Discharge Elimination System (NPDES) permit that authorizes the storm water discharges associated with activity from the construction site as part of this certification. Further, by my signature, I understand that I am becoming a co -permittee, along with the owner(s) and other contractors and subcontractors signing such certifications, to the Iowa Department of Natural Resources NPDES General Permit No. 2 for "Storm Water Discharge Associated with Industrial Activity for Construction Activities" at the identified site. As a co - permittee, I understand that I, and my company, are legally required under the Clean Water Act and the Code of Iowa, to ensure compliance with the terms and conditions of the storm water pollution plan developed under this NPDES permit and the terms of the NPDES permit. The certification must include the name and title of the person providing the signature; the name, address and telephone number of the contracting firm; the address (or other identifying description) of the site; and the date the certification is made. Ig. Shall include the aApplicant's signed written statement required by subsection 8-48-3(B)(3)(f). C. A Secondary Applicant shall submit to the City complete copies of the materials described below: 1. The document by which the predecessor Applicant transferred compliance responsibility under the StateNPDES Ccncral Permit N . 2. 2. All information or documents required by the CSR Permit application form as provided in ISection 8- 4B-3-7(A)(B) above. D. In addition to the SWPPP requirements stated in Section 8 -4B -3(B) and 8 -4B -3(C) above which constitute minimum mandatory requirements imposed by the Program, every SWPPP submitted to the eCity shall comply with Statewide Comment [PS10]: In the event that the applicant is the project owner and not a contractor, they must also provide a certification Comment [PS11]: Allows for flexibility to revise required documentation as needed to maintain compliance without Ordinance No. 4897 Page 6 Urban Design and Specifications (SUDAS) standard design criteria, the Iowa Construction Site Erosion Control Manual, or other standards approved by the City Engineer, as such Manual, SUDAS, and other standards may be revised or amended from time to time, including but not limited to design, location, and phased implementation of effective, practicable storm water pollution prevention measures, and shall also: 1. identify the nature of the construction activity and the potential for sediment and other pollutant discharges from the site; and 2. assure that stockpiles of soil or other materials subject to erosion by wind or water are covered, vegetated, or otherwise effectively protected from erosion and sedimentation in accordance with the amount of time the material will be on site and the manner of its proposed use; no overnight stockpiling is allowed in the street unless approved in advance by the City Engineer, and subject to such conditions for approval as may be stated by the City Engineer; and 3 assure that, until work on the site has been completed, all construction waste materials (including but not limited to all scrap and debris) shall be disposed of at the end of each working day in a dumpster of appropriate size and shall not be stockpiled on the site unless in a covered and enclosed structure or trailer; that dumpsters on site are inspected periodically for leaks and promptly repaired or replaced if found to be leaking; and that dumpsters are emptied by regular waste collection methods before dumpsters overflow; and 4. identify measures and procedures to reasonably minimize site soil compaction and provide soil quality restoration as specified and estimated runoff coefficient after the project is complete; and 5. assure disposal of all collected sediment and floating debris; and 6. identify methods to prevent sediment damage to adjacent properties and sensitive environmental areas such as water bodies, plant communities, rare, threatened and/or endangered species habitat, wildlife corridors, greenways, etc.; and 7. provide for design and construction methods to stabilize steep or long continuous slopes; and, - 8. include measures to control the quantity and quality of storm water leaving a site before, during and after construction; and 9. provide for stabilization of all waterways and outlets; ander 10. protect storm sewer infrastructure from sediment loading and/or plugging; and Comment [PS12]: Previously, ordinance stated that stockpiling was not allowed in the street, however, in some cases where construction is occurring in the right of way, there is no other place to put it. This allows for those special circumstances while still providing oversight. [ Ordinance No. 1897 Page 7 11. Jpccify precauti na t be taken t c retain sediment State f I wa, and ZIP no event later than seven (7) cal a possible and in . arca is no longer actively being w rked;and Aassure stabilization of disturbed areas, including utility construction areas, as soon as possible and in no event later than the time frames established by the current State Permitfourtccn d14) calendar days after the arca is no 1 ngcr actively being worked if the one (21) calendar days; and 12.protect outlying roads from sediment and mud from construction site activities, including preventing tracking; and 13.assure that all temporary erosion and sediment controls shall not be removed until the eCity has determined that the site has been permanently stabilized with 70% perennial c ver lin compliance with the State Permit or ace rding t IDNR eNotice of dDiscontinuation; and 14.specify precautions to be taken to contain sediment when working in or crossing surface waters, including but not limited to surface waters located solely on the project property; f the State f Iowa; and 15. assure that when working near surface waters of the State f Iowa, including but not limited to surface waters located solely on the project property, [the specific practices itemized immediately below are utilized: a. during construction: i. all exposed soil areas with a slope of 3:1 or steeper, and that have a continuous positive slope to a surface water if the ctatc of I baa, shall have temporary erosion protection or permanent cover within three (3) days after the area is no longer actively being worked; Janda-II other of pea that have a continu us p sitive within Ucven (7) days after the arca is no 1 ngcr actively being worked, and ii. all other slopes that have a continuous positive slope to a surface water should have temporary erosion protection or permanent cover within seven (7) days after the area is no longer actively being worked., - Comment [P513]: Eliminate city requirement in favor of less stringent state requirement Comment [PS14]: Require that temporary stabilization be completed in keeping with state requirements. This allows us to adjust to state rules without requiring ordinance changes each time. Comment [PS15]: Specify that final stabilization requirement be held in keeping with state requirement. Again, this allows us to adjust to state rules as requiredwithout formal ordinance revisions Comment [PS16]: We had previously referenced Waters of the State of Iowa, Iowa State Code 455B. 171 states that all surface waters are waters of the state, this is to clarify the term. Comment [PS17]: Separated and moved to item Ordinance No. '1897 Page 8 16. ba -in requirements shall be constructed in sizing criteria and utict channel sizing and vel city shall be submitted t the city; and! b. buffer zone: Reserved. Comment [PS18]: Moved to 16 as this requirement applies to all sites of 10 or more acres regardless of surface waters is complete; assure that required temporary sediment basins shall be constructed in accordance with the State NPDES General Permit N . 2; all supporting calculations for the basin sizing criteria and outlet channel sizing and velocity shall be submitted to the City; and 17. assure that all hazardous materials are properly used, stored, and disposed of. E. Performance Security: Reserved. F. The Applicant shall also submit a signed written statement to the city which states as follows: The undersigned Applicant hereby agrees to defend, indemnify and hold the City of Waterloo harmless from any and all claims, damages or suits arising directly or indirectly out of any act of commission or omission by the Applicant, or any employee, agent, assignee or contractor or subcontractor of the Applicant, in connection with Applicant's State NPDES General Permit No. 2 and/or Storm Water Pollution Prevention Plan. --G. The city shall send written notification to the Applicant Applicant's Engineer of the approval of the Applicant's SWPPP within ten (10) business days following the Applicant's completed submission of all documents and information required under this section, unless the city has provided to the Applicant's Engineer a written bill of particulars identifying non -complying elements of the SWPPP applicati n. The eCity shall not issue approval of the Applicant's SWPPP until such non -complying elements of the SWPPP applicati n have been corrected, and until the SWPPP applicati n complies with the Applicant's State NPDES General Permit No. '', the requirements of this chapter, and all other applicable laws and regulations, federal, state, and local. If the Applicant's SWPPP is for a single lot located in a larger common plan of housing development, the City's processing time shall be reduced from ten (10) business days to five (5) business days. G-H.'The Applicant or Applicant's SWPPP Manager Applicant's Engineer shall retain a copy of the approved SWPPP, all required SWPPP inspections and reporting documents, and State NPDES- General Permit N . 2 on site or at a readily available and disclosed alternative site so said documents can be provided for inspection n later than Comment [PS19]: Review process is a back and forth between the city engineer's office and the applicant's engineer who is writing the SWPPP, this reflects that fact din keeping with the requirements of the s -State pPermit.I/ Comment [P520]: The SWPPP is to be retained on site or at a readily available off-site location and made available for inspection as per state requirement, reference the state requirement so that we can adjust to changes without formal ordinance revisions Ordinance No. 4897 Page 9 i i—I. The eCity's review of an Applicant's SWPPP is not a determination as to the effectiveness of the controls selected by the Applicant. For so long as a construction site is subject to a State NPDES General Permit No. 2, the Applicant or Applicant's SWPPP Manager shall promptly provide the eCity with current information as follows: 1.1The name, address and telephone number of the SWPPP Manager Applicant's Engineer and any other person on site designated by the owner Applicant or the Applicant's SWPPP Manager who is knowledgeable and experienced in erosion and sediment control and who will oversee compliance with the State NUDES Ccncral Permit No. 2 and the SWPPP; and 2. The name(s), address(es) and telephone number(s) of the contractor(s) and/or subcontractor(s) that will implement each erosion and sediment control measure identified in the SWPPP. The above said information shall be provided to the City within seventy-two (72) hours of the change of or addition of personnel, contractors or subcontractors. Applicant's or Applicant's SWPPP Manager's failure to provide current information shall constitute a violation of this article. 4,K. eApplicant or Applicant's SWPPP Manager shall amend the SWPPP from time to time as required by the, eState - - Permit nN nN . 2, which generally shall be whenever there is a change in design, construction, operation or maintenance which has a significant effect on the potential for the discharge of pollutants to the waters of the United States and which has not been addressed in the SWPPP, or if the SWPPP proves to be ineffective in eliminating or significantly minimizing pollutants from sources identified in the SWPPP, or in otherwise achieving the general objectives of controlling pollutants in storm water discharge associated with industrial activity for construction activities. The Applicant or Applicant's SWPPP Manager shall also expediously update the SWPPP to include: site changes with changes identified on the site map; contractors identified after the submittal of the Notice of Intent; changes in ownership or transference of permit and permit responsibilities; or, if required, occurrences of hazardous conditions. The applicant shall ale amend the _ €WPPD as requested by the city c ginecr fr m time t time in the exercise f his discreti n to comply with state NUDES general permit n . 2. Section 8-4B-4. Transfer and Termination of State NPDES General Permits and Storm Water Pollution Prevention Plan Obligations. A. The owner of real property that is the subject of a State NUDES Ccncral Permit N . 2 may transfer responsibility Comment [PS21]: Should the party responsible for SWPPP compliance change over the course of implementation change the city must be notified. Comment [PS22]: Provide a timeline for notification to make this enforceable Comment [PS23]: GP2 requires that the SWPPP be a 'living document' which is kept up to date with changes in site condition, or SWPPP implementation. This is an attempt to clarify what changes necessitate an update. Ordinance No. 4897 Page 10 under the owner's SWPPP to one or more transferees of all or part of such property in the same manner that responsibility for compliance with a Statean NPDES Ccncral Permit No. 2 can be transferred pursuant to 567 Iowa Admin. Code § 64.6(6), or any similar successor provision. Such an owner is a "Transferor". Each transferee must agree to the transfer in writing and must agree to fulfill all obligations of the State NPDES Ccncral Permit No. 2 and the SWPPP, including submission of a statement signed by the transferee as provided for in section 8 -4B -3(E) above. The Transferor shall file _with the office of the City Engineer a copy of all documents filed with IDNR in connection with transfer of responsibility under the State NPDES General Permit No. 2 to each such transferee, and a copy of each such transferee's agreement to fulfill all obligations of the SWPPP. Absent such written confirmation of transfer of obligations that includes all documents set forth above in this paragraph, the Transferor remains responsible for compliance with the SWPPP on any property that has been sold, conveyed, or otherwise transferred. B. All documents and information required by the IDNR to be filed to terminate the State NPDES Ccncral Permit N . 2 must be filed by the Transferor concurrently with the office of the City Engineer. iThe City Engineer must confirm stabilization and removal of temporary control measures as required by Section 8 -4B -5(G) before a Notice of Discontinuation can be filedThis shall my after the cCity has c nfirmcd stabilizati n as specified in 8 4B 8 . Upon submission of said materials to the eCity, the eCity shall have thirty (30) days in which to request additional information from the Transferor before the SWPPP shall be deemed terminated. C. To facilitate a transferee's compliance with this article as a Secondary Applicant, the Transferor shall also deliver to the transferee concurrently with the filings required by Section 8 -4B -4(B) above a copy of the Transferor's Notice of Intent, State NPDES pPermit number, SWPPP public notification, and SWPPP. Section 8-4B-5. Inspection Procedures. A. All inspections undertaken by the eCity under this article shall be conducted by the Enforcement Officer. B. Prior to beginning construction, the Applicant or Applicant's SWPPP Manager shall contact the City to schedule a pre -construction site inspection. The Enforcement Officer shall inspect the permitted site to determine that, at minimum, the control measures listed in the SWPPP that allow for construction to commence,— have been properly installed. The Applicant's Enginccr shall notify the city when all measures required by Enf rccmcnt Officer may inspect the pr perty t determine compliance. If the Enforcement Officer determines that compliance has not been achieved, the Enforcement Officer shall provide to the Applicant a written bill of particulars identifying the conditions of non-compliance. Comment [PS24]: Post -construction inspections must be completed to confirm that the site has met all permit requirements prior to the permit being closed out Comment [PS25]: Require pre -construction inspections prior to the start of construction to ensure that minimum controls have been implemented Ordinance No. 4897 Page 11 The Applicant shall immediately commence corrective action and shall complete such corrective action within f rty eight (48) h uro !the time frame allotted by the Enforcement Officer in his discretion, but not exceeding seventy-two (72) hours upon receipt f receiving the Enf rccmcnt Officer's, bill f particulars. For good cause shown, the eCity may extend the deadline for taking corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article. C. Construction shall not occur on any area of the site that the Enforcement Officer has designated at any time while conditions of non-compliance that have been identified by the Enforcement Officer continue to exist. D. Construction activities undertaken by an Applicant before resolution of all discrepancies specified in the bill of particulars, if undertaken in an area designated by the Enforcement Officer as a prohibited area, shall constitute a violation of this article. E. The eCity shall not be responsible for the direct or indirect consequences to the Applicant or to third - parties for non-compliant conditions that were undetected by inspection or that were undetected because the eCity, in operating its program of random inspections, did not inspect the property. F. The Applicant, Ithe Applicant's SWPPP Manager or a qualified person designated by the Applicant's SWPPP Manager=- -- -- o '- - shall inspect the permitted site, as well as any transferred sites which the Applicant is a co -permittee ofi, no less than once every seven (7) calendar days. Reports generated by these site inspections shall be included within and deemed to be part of the SWPPP. Any deficiencies or needed modifications discovered during the inspections shall be noted in writing, and corrections or modifications shall be completed within seven (7) calendar days following the inspection. and shall make available to the Enf rccmcnt Officer a written report G. Before a Notice of Discontinuation of the State NPDES General Permit N . 2 can be submitted to the IDNR, the Applicant or the Applicant's SWPPP Manager,—shall contact the City to schedule a post -construction site inspection. The Enforcement Officer shall inspect the permitted site to determine that the all disturbed areas have achieved stabilization as required by the State Permit and all temporary control measures have been removed. If the Enforcement Officer determines that stabilization has not been achieved, or temporary control measures need to be removed, the Enforcement Officer shall provide to the Applicant or the Applicant's SWPPP Manager a written bill of particulars identifying the conditions of non-compliance. The Applicant or Applicant's SWPPP Manager shall immediately commence corrective action and shall reschedule a post - Comment [PS26]: Change 48 hour requirement 1 to 72 in keeping with state requirements Comment [PS27]: Stipulate who can perform the weekly inspections, can be the SWPPP manager or a qualified designee, the `engineer' seldom performs these inspections Comment [PS28]: In the event of a shared permit (homebuilding in a permitted subdivision), either the developer or the homebuilder can do the inspections. The party who will be responsible is specified in the CSR permit Comment [PS29]: SWPPP inspections must be added to the SWPPP as they are completed Comment [PS30]: Required to be available within 3 hours as per state regulations Ordinance No. 4897 Page 12 construction inspection with the City when the required corrective actions have been completed. A State NPDBS a larger common plan of dcvel pmcnt. H wcvcr, it is bt,ggeeted th-et the owner implement croci n c ntr 1 Section 8-4B-6. Monitoring Procedures. A. Upon SWPPP approval and receipt issuance of a State NPDES General Permit No. 2, thean Applicant andor the Applicant's SWPPP Manager haves- an absolute duty to monitor site conditions and to report to the Enforcement Officer any change of circumstances or site conditions which the Applicant or the Applicant's SWPPP Manager knows or should know pose a risk of storm water discharge in a manner inconsistent with Applicant's SWPPP r State Permit No. 2. Examples of conditions that require notification includearc, but are not limited to: (1)- i+hazardous material spills, (2)- -Ffailure of site perimeter BMPs, -(3)- -Bdischarge of polluted waters from the site into the MS4— or onto neighboring properties,- or nearby surface waters,. Rainfall in an amount over gauge, shall be deemed a change of circumstances or site conditions requiring notification under this section. In the event that or (4) proposed implementation of BMPs on site thatshall deviate significantly from the BMPs proposed in the approved SWPPP, the applicant r apli SWPPP mznnger shall notify 6he cCity of the eed changes-� ier� , , Comment [PS31]: Provide detail about requirements of a post -construction inspection - Comment [PS32]: Stated elsewhere Comment [PS33]: Upon receipt of authorization, the applicant or their SWPPP manager must begin monitoring the site in keeping with state regulations, and must notify the city of any significant change in site condition in keeping with those items specified here. Rainfall event inspections are no longer required by the state. Ordinance No. 4897 Page 13 - '- -- - - - -- Such report' -- shall be submitteogivcn Applicant to the Enforcement Officer within twenty four (24) hours of the change of circumstances or site conditions. 2. Failure to make a timely report shall constitute a violation of this article. B. Any third party may also report to the eCity site conditions, which the third party reasonably believes pose a risk of storm water discharge in a manner inconsistent with Applicant's SWPPP r State NPDES General Permit No. 2. C. Upon receiving a report pursuant to Section 8 -4B -6(A) above, the Enforcement Officer may conduct an inspection and thereafter shall provide the Applicant or the Applicant's SWPPP Manager with a written bill of particulars identifying any conditions of non-compliance. The Applicant or the Applicant's SWPPP Manager shall immediately commence corrective action and shall complete such corrective action within f rty eight (48) h urn Ithe time frame allotted by the Enforcement Officer in his discretion, but not exceeding seventy-two (72) hoursup n - - For good shown, the eCity may extend the deadline for completing corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article, whereupon the Enforcement Officer shall immediately commence enforcement actions specified in Section 8 -4B -L8. D. Upon receiving a report from a third party pursuant to Section 8 -4B -6(B) above, the Enforcement Officer may conduct an inspection of the site as soon as reasonably possible and thereafter shall provide the Applicant or the Applicant's SWPPP Manager with a written bill of particulars identifying any conditions of non-compliance. The Applicant or Applicant's SWPPP Manager shall immediately commence corrective action and shall complete such corrective action within f rty eight (48) h urs the time frame allotted by the Enforcement Officer in his discretion, but not exceeding seventy-two (72) hours upon ing Mc bill f parti^•�r—a. For good cause shown, the eCity may extend the deadline for completing corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article, whereupon the Enforcement Officer shall immediately commence enforcement actions specified in Section 8 -4B -q-8. cause Formatted: Section start: New page Comment [PS34]: In the event of a reportable incident as stated above, notify the city within 24 hours Comment [P535]: Roll back to 72 hour state requirement Ordinance No. 1837 Page 14 E. The Enforcement Officer may conduct one or more unannounced inspections at any time during the course of construction to monitor compliance with the State NPDES General Permit N . 2 and the SWPPP land the approved SWPPP[. If the inspection discloses any non-compliance, the Enforcement Officer shall provide the Applicant or the Applicant's SWPPP Manager with a written bill of particulars identifying the conditions of non-compliance. The Applicant or the Applicant's SWPPP Manager shall immediately commence corrective action and shall complete such corrective action within forty eight (48) h urs the time frame allotted by the Enforcement Office in his discretion, but not exceeding seventy-two (72) hours upon rc 'pt f receiving the bill f particulars. For good cause shown, the eCity may extend the deadline for completing corrective action. Failure to take corrective action in a timely manner shall constitute a violation of this article, whereupon the Enforcement Officer shall immediately commence enforcement actions specified in Section 8-4B-87- below. F. The eCity shall not be responsible for the direct or indirect consequences to the Applicant or to third - parties for non-compliant conditions that were undetected by inspection or that were undetected because the eCity, in operating its program of random inspections, did not inspect the property. Section 8-4B-7. Construction Site Runoff (CSR) Permits. A. All construction sites requiring coverage under a State Permit, as well as other activities requiring building permits for new residential or new commercial construction, shall obtain a CSR Permit from the City Engineer. Issuance of the CSR Permit requires that the Applicant submit a completed City of Waterloo CSR Permit Application form and submit a site plan identifying BMPs, building, parking and driveway footprint, and direction of flow for site runoff. Sites that must provide a SWPPP as required by a State Permit need not submit a separate site plan for their CSR Permit. B.! Sites applying for a CSR Permit that are not subject to a State Permit shall meet the following requirements: 1. Submit a CSR Permit application and related documents as described in Section 8 -4B -7(A) above. 2. Implement and maintain BMPs sufficient to prevent the discharge of pollutants from the site in conformity with the requirements described in Section 8 -4B -3(D), paragraphs 2-3 and 5-17. 3. Contact the City Engineer for a preconstruction inspection prior to commencing land disturbing activities and provide access to the Enforcement Officer as needed to determine compliance with rules set forth in article 8-4A and this article. 4. Keep plans current and provide notification to the City Engineer within seventy-two (72) hours of the Formatted: Section start: New page Comment [PS36]: Site should not only comply with the state requirement, but should be implemented in accordance with submitted plans Comment [PS37]: Specify who needs a CSR permit, this will be all state permitted sites and any new commercial or residential building permits Ordinance No. '1897 Page 15 change or addition of personnel, contractors or subcontractors, or of a substantial change of site conditions as described in Section 8 -4B -3(K). 5. Contact the City Engineer for a post -construction inspection once the site has reached 70% uniform coverage with perennial vegetation or equivalent stabilization and all temporary erosion control measures have been removed. CSR Permits issued to sites covered by a State Permit shall remain valid until such time as the State Permit authorization expires or thirty (30) days after a Notice of Discontinuation is submitted to the IDNR and the City Engineer. If the State Permit is renewed prior to expiration, the Applicant must provide proof of re- authorization to the City Engineer. Failure to provide proof of re -authorization shall be considered a violation of this article. In the event that a State Permit is suspended, the CSR Permit shall automatically expire, and the Applicant must thereafter reapply for a CSR Permit before resumption of permitted activities. State Permit discontinuation or suspension is subject to a post - construction inspection. CSR Permits issued to sites not covered by a State Permit shall expire one (1) year from the date of CSR Permit issuance. If construction has not been completed before the date the CSR Permit expires, the Applicant shall renew the permit. Failure to renew the permit shall be considered a violation of this article. Closure of a CSR Permit is subject to a post -construction inspection. Section 8-4B-48. Enforcement. A. Violation of any provision of this article may be enforced (i) by issuance of a stop work order by the Enforcement Officer, kii) by suspension of building permit inspections until the deficient condition is remedied, for (iii) by civil action, administrative or judicial, including but not limited to an action for injunctive relief. A stop work order shall specify the violation(s) and shall remain in effect until the deficient condition has been remedied. B. Violation of any provision of this article shall constitute a municipal infraction under this code. A person may be cited for subsequent violations as additional violations are discovered or as SWPPP control elements fail. Each day that a municipal infraction occurs or is permitted to exist constitutes a separate offense. C. In addition to the enforcement processes and penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article shall be considered a threat to public health, safety, and welfare, and is declared and deemed a nuisance. This nuisance may be summarily abated or remedied at the violator's expense. Comment [PS38]: Specify what is required of city -permitted sites which do not require state permit coverage. Essentially, this will require pollution prevention controls but will not require some of the administrative permit components such as the weekly inspections Comment [PS39]: For sites with state permits, city permits will be set to expire or the permit is discontinued (plus 30 day city review period). The permittee shall provide the city with documentation should their state permit be renewed so that the city permit can be extended. If the state permit is suspended for any reason, the city permit will expire and shall be renewed prior to work resuming on the site. Comment [PS40]: For sites without state permits, the permit shall be valid for one year, if the work is not completed by the end of that period the permit must be renewed. Closure requires a post - construction inspection as with all other sites. Comment [P541]: Should non-compliance be documented on a site, the enforcement officer has the authority to place a hold on further building inspections until compliance is reached. Ordinance No. 4897 Page 16 D. In addition to any fine or penalty set forth in a schedule of violations adopted by the eCity, as amended thereafter from time to time, the eCity may recover all attorneys' fees, court costs and other expenses associated with enforcement of this article, including necessary monitoring expenses. E. The remedies listed in this article are not exclusive of any other remedies available under any applicable federal, state or local law. It is within the discretion of the Enforcement Officer to seek cumulative remedies if necessary. Enforcement pursuant to this section shall be undertaken by the Enforcement Officer upon the advice and consent of the eCity &Attorney. Section 8-4B-94. Appeal. A. Administrative decisions by eCity staff and enforcement actions of the Enforcement Officer may be appealed by the Applicant to the eCity eCouncil pursuant to the following rules: 1. The appeal must be filed in writing with the eCity eClerk within twenty (20) business days of the decision or enforcement action. 2. The written appeal shall specify in detail the action appealed from, the errors allegedly made by the Enforcement Officer giving rise to the appeal, and the relief requested. Ordinance No. 4897 Page 17 3. The Enforcement Officer shall specify in writing the reasons for the enforcement action, a written summary of all oral and written testimony the Enforcement Officer intends to introduce at the hearing, including the names and addresses of all witnesses the Enforcement Officer intends to call, and copies of all documents Enforcement Officer intends to introduce at the hearing. 4 The eCity eClerk shall notify the Applicant and the Enforcement Officer by ordinary mail, and shall give public notice in accordance with Iowa Code Chapter 21 of the date, time and place for the regular or special meeting of the eCity eCouncil at which the hearing on the appeal shall occur. The hearing shall be scheduled for a date not less than four (4) nor more than twenty (20) days after the filing of the appeal, unless the Applicant requests an extension of not more than fourteen (14) days. The intent of this paragraph is to promote the prompt and speedy resolution of disputes. The rules of evidence and procedure, and the standard of proof to be applied, shall be the same as provided by Iowa Code Chapter 17A. The Applicant may be represented by counsel at the Applicant's expense. The Enforcement Officer may be represented by the eCity eAttorney or by an attorney designated by the eCity eCouncil at city expense. B. The decision of the eCity eCouncil shall be rendered in writing and may be appealed to the Iowa District Court as provided by law. Section 8-4B-104. Severability. The provisions of this article are hereby declared to be severable. If any section, provision, clause, sentence, paragraph or part of this ordinance or the application thereof to any person, establishment, or circumstance shall be held invalid or unconstitutional, such adjudication shall not affect the other provisions or applications of this article. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: January 28, 2008 January 28, 2008 January 28, 2008 January 28, 9008 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 2-8-` day of 2014 __ __ , and approved by the Mayor on the day of , 20143January, 2008. ATTEST: .. i Ernest G. C1arkTim Hurley, Mayor fFormatted: Section start: New page Ordinance No. 4897 Page 18 Suzy ScharesNancy Eckcrt, CMC City Clerk CERTIFICATE I, Suzy ScharesNancy Eckcrt, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 4897 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 2e4 day of , 20143January, 20 8. Witness my hand and seal of office this @ day of , 20143January, 2008. SEAL Suzy Schares Nancy Eckert, CMC City Clerk { Formatted: Font color: Red, Strikethrough CITY OF WATERLOO Council Communication City Council Meeting: May 5, 2014 Prepared: April 29, 2014 Dept. Head Signature: Dennis Clark # of Attachments: 10 SUBJECT: 2013 Operating Report of the Waterloo Water Works Submitted by: Dennis Clark, General Manager of Waterloo Water Works Recommended City Council Action: Receive and place on file the 2013 Operating Report of the Waterloo Water Works. Summary Statement: The Board of Trustees of the Waterloo Water Works approved the report at their regular Board meeting on May 5, 2014 Expenditure Required: No City funds are required for this action. The Waterloo Water Works pays for the cost of the report. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Policy Issue: Alternative: Background Information: Copies are provided for the Mayor, City Council, City Clerk, and Chief Financial Officer WATERLOO WATER WORKS 2013 OPERATING REPORT WATERLOO WATER WORKS WATERLOO WATER WORKS 2013 ANNUAL REPORT TO THE BOARD OF TRUSTEES AND THE CITIZENS OF WATERLOO General Remarks I am pleased to present the Waterloo Water Works 2013 Annual Report to the Board of Trustees and the citizens of Waterloo, Iowa. The team members of the Water Works have collaborated in preparation of this report to highlight financial, water distribution, water production, and customer service performance milestones throughout the year 2013. The Water Works installed 13,412 feet of new water mains in 2013. The majority of the new water main in 2013 was constructed as part of the Dewitt Road and Ranchero Road Water Main Extension projects. The water main installed on Dewitt Road included 2,165 feet of 12 -inch diameter ductile iron transmission water main and 920 feet of 14 -inch HDPE carrier and casing pipe. The HDPE carrier and casing pipe were installed below US Highway 20 using horizontal directionally drilled construction methods, with no interference with highway traffic operations. New water main was installed on Ranchero Road as part of two separate projects. The easterly Ranchero Road project, east of Dewitt Road, proceeded through the Leonard Katoski Greenbelt, crossing Black Hawk Creek and numerous wetland and undisturbed natural areas. The new water main in this area was primarily installed as directionally drilled HDPE pipe, with a total of 3,691 feet of new HDPE 14 -inch HDPE water main. The other Ranchero Road water main was installed west of Dewitt Road, proceeding to the Hudson City limits. This project was constructed of 12 -inch ductile iron water main, and was funded largely by the City of Hudson, in order to provide water service to the northern tier of Hudson. Completion of the Dewitt Road and easterly Ranchero Road water mains provided for a second water feed to the John Deere Engine Works and to the John Deere Product Engineering Center and eliminated a long dead-end water main configuration. Water main construction on Dewitt Road HDPE pipe laid out for installation on Ranchero Road Other projects of note in 2013 included continuation of the annual water main replacement and extension program. As part of the annual City of Waterloo Street Reconstruction Program, a water main extension project was completed to eliminate dead -ends on the University Avenue Frontage Road east of Ansborough Avenue. In conjunction with several other smaller projects, the improvements enhanced system reliability and fire protection. A water main was extended below US Highway 63 at West Shaulis Road to provide fire protection to commercial buildings in an unserved area. Additional water main replacement projects will be scheduled every year through the foreseeable future to continue to address aging infrastructure. In water production, numerous improvements were made to well houses, grounds, and water tower control equipment. Major replacement and refitting of 20 -inch control valves at the Linden Avenue Water Tower was also accomplished in 2013. Technology improvements continued on several fronts in 2013. A valve exercising truck was purchased and an exercising program was commenced. Capture of valve location coordinates with onboard equipment is a part of the exercising program. Survey grade GPS equipment was also purchased to accurately locate x, y and z coordinates of new and existing assets. In conjunction with the City of Waterloo, the telephone system was replaced in 2013. Numerous security camera and other monitoring equipment improvements were made to the Water Works Sycamore Street campus. Pumpage for 2013 was down 4.09 percent compared to the previous year. Total revenue was up 1.96 percent on a year-to-year basis. Meter replacement and modernization continued in 2013, as part of an ongoing initiative to upgrade and improve metering infrastructure. In 2013, there were 1,482 older style meters replaced with electronic registered meters, with the new meters capable of conversion to an automated meter reading system. Pumping Station Operator Mark Young retired after 35 years of service. Cashier Sue Sperry retired after 9 years of service. Two new employees began work at the Water Works in 2013. In 2014, the Water Works plans to continue to improve, repair or replace critical system assets. Projects scheduled for major investments in 2014 include continuation of the Annual Water Main Replacement Program; Phase 2 of the Highway 63 North Water Main Replacement Project; final completion of the Dewitt Road Water Main Extension Project, the Ranchero Road Water Main Extension Project, and the Shaulis Road Water Main Extension Project; the Well No. 19 VFD and Stand-by Power Project; the Progress Avenue Water Main Replacement Project; the Dysart Road Water Main Replacement Project; the Ansborough at Highway 20 Water Main Repair Project; the first several steps in replacing the Customer Information Billing System Project; design work for the Highway 63 Downtown Water Main Repair and Replacement Project; design of the Well No. 21 VDF and Stand-by Power Project; preliminary planning and design of the Water Works Office Renovation Project; continuation of work on the GIS mapping and document management systems; and continued modernization of metering systems. In 2013, the Waterloo Water Works continued to benefit immeasurably from the strong and stable leadership of Trustees Terry Kuntz, Rodger Burris and Mary Potter. Their combined leadership, advice and guidance are essential as the Water Works moves forward to face the challenges of 2014 and beyond. Respectfully submitted, Dennis D. Clark, P.E. General Manager Page 2 TO THE BOARD OF WATER WORKS TRUSTEES Terry M. Kuntz, Chairman Rodger L. Burris, Vice -Chairman Mary H. Potter, Trustee Members of the Board: I herewith submit the following Operating Report of the Waterloo Water Works for the year ending December 31, 2013. The following tables show selected revenue and expenditures for the year ending December 31, 2013 as compared with the year ending December 31, 2012. A full disclosure of the Waterloo Water Works financial information can be obtained from the annual audit. The following figures reflect audited amounts. Revenue _ Metered Water -Net Rates Fire Protection Capital Contributions Billboard, Antenna & Farm Rent Interest Earned Other Revenue Total Revenue Operating Expenses Salaries and Benefits Contractual Services Commodities Interest Expense Depreciation Other Expenses Total Expenditures Dec. 31, 2012 $6,789,602 101,851 35,841 119,265 50,688 637,252 Dec. 31, 2013 $7,002,548 101,802 83,770 105,191 47,751 545,270 $7,734,499 $3,111,159 872,574 1,251,596 73,848 566,449 2,629 $3,158,942 880,179 1,213,635 61,118 612,317 110,515 $7,886,332 $5,878,255 Net Revenue $1,856,244 Total Assets $30,326,228 Total Liabilities 2,914,957 Total Net Assets Tax Money Received Bonded Indebtedness Page 3 $27,411,271 $ 0 $ 1,470,000 $6,036,706 $1,849,626 $32,073,132 2,812,235 $29,260,897 $ 0 $ 1,125,000 The following amounts were expended for Capital Improvements during the year ending December 31, 2013 as compared to the year ending December 31, 2012. Highway 63 Water Main Replacement 2010 Water Main Replacement Program 2011 Water Main Replacement Program 2012 Water Main Replacement Program 2013 Water Main Replacement Program West Shaulis Road Water Main Replacement Dewitt Road Water Main Extension Ranchero Road Water Main Extension Kimball Avenue Water Tower Rehabilitation Video & Security Improvements Telephone Equipment Computer Equipment and Software Water Main Relocation at former Bonanza Site Autos & Trucks Pumping Station & Well House Improvements Jan. 1, 2012 to Dec. 31, 2012 $ 10,460.41 23,956.58 122,700.95 143,165,33 0.00 1,051,754.87 43,809.50 0.00 788,812.89 0.00 0.00 23,968.03 0.00 118, 553.00 60,469.80 Jan. 1, 2013 to Dec. 31, 2013 $ 70,057.94 0.00 0.00 53,281.83 97,474.89 74,115.26 753,615.49 635, 746.54 0.00 12, 740.00 13,696.60 18,570.00 27,616.78 129,144.26 88,122.50 $2,387,651.36 $1,974,182.09 The following data is used to compute the comparative cost per 1,000 gallons pumped. 2012 2013 Pumpage in Gallons 4,792,781,000 4,596,916,000 Operating Revenue $6,927,294 $7,109,630 Non -Operating Revenue 807,205 776,702 Total Revenue $7,734,499 $7,886,332 Salaries and Benefits $3,111,159 $3,158,942 Contractual Services 872,574 880,179 Commodities 1,251,596 1,213,635 Depreciation 566,449 612,317 Interest Expense 73,848 61,118 Other Expenses 2,629 110,515 Total Expenses $5,878,255 $6,036,706 Net Revenue $1,856,244 $1,849,626 The following tabulation shows the revenue per 1,000 gallons pumped for the year ending December 31, 2013 as compared with the year ending December 31, 2012. Dec. 31, 2012 Dec. 31, 2013 Operating Revenue 1.4454 1.5466 Non -Operating Revenue 0.1684 0.1690 Total Revenue 1.6138 1.7156 Salaries and Benefits 0.6491 0.6872 Contractual Services 0.1821 0.1915 Commodities 0.2611 0.2640 Depreciation 0.1182 0.1332 Interest Expense 0.0154 0.0133 Other Expenses 0.0005 0.0240 Total Expense 1.2265 1.3132 Net Revenue 0.3873 0.4024 Page 4 Manager, Rick Wilberding This department is responsible for construction, maintenance and customer service related to water mains, vehicles and metering. Water Main Construction: During the year ending December 31, 2013, ductile iron water main extensions were made as follows: Location Main Size Valley Drive (part of 2013 main program) University Avenue Frontage Road (part of 2013 main program) 6" 6" Number Feet Funding Source 52 Waterloo Water Works Total 6" Main 6" West San Marnan Drive (Sunnyside South Development) 12" Dewitt Road 12" Ranchero Road 12" Total 12" Main 12" Dewitt Road (HDPE) Ranchero Road (HDPE) 14" 14" Total 14" Main 14" MAIN FOOTAGE PAID BY WWW MAIN FOOTAGE PAID BY DEVELOPER TOTAL WATER MAIN INSTALLED MILES 410 Waterloo Water Works 462 3,142 2,165 3,032 8,339 Paid by Developer Waterloo Water Works Waterloo Water Works 920 Waterloo Water Works 3,691 Waterloo Water Works 4,611 10,270 3,142 13,412 2.54 Miles Water Main Replacement: During the year ending December 31, 2013, the following ductile iron water main replacement projects were completed as follows: Location East Ridgeway Avenue Main Size 6" Number Feet Funding Source 420 Waterloo Water Works TOTAL WATER MAIN REPLACED MILES Page 5 420 0.08 Miles Pipe System Inventory: The following table shows the total number of feet, number of miles and the percentage of different size ductile and cast iron mains that comprise the water distribution system inside the Waterloo city limits, installed from 1886 to December 31, 2013. Size Abandoned Constructed Net Gain Total Number of 2013 2013 2013 of Feet in Number Pipe Ln. Ft. Ln. Ft. Ln. Ft. System of Miles Percentage 4" 0 0 0 9,961 1.89 0.50 6" 938 462 -476 956,481 181.15 47.83 8" 0 0 0 312,040 59.10 15.60 10" 0 0 0 40,823 7.73 2.04 12" 0 8,339 8,339 481,325 91.16 24.07 14" 0 4,611 4,611 4,611 0.87 0.23 16" 0 0 0 95,918 18.17 4.80 20" 0 0 0 97,765 18.52 4.89 24" 0 0 0 765 0.14 0.04 TOTAL 938 13,412 12,474 1,999,689 378.73 100.00 Net Gain in 2013: 2.36 Miles Kimball Avenue Rural Water System: The following table shows the total number of feet, number of miles and the percentage of different size DR21 PVC pipe that comprises the Kimball Avenue rural water system as of December 31, 2013. Size Total Number of of Feet in Number of Pipe System Miles Percentage 2" 4,573 0.87 7.49 3" 17,492 3.31 28.65 4" 8,270 1.56 13.55 6" 30,717 5.82 50.31 TOTAL 61,052 11.56 100.00 The following table shows the number of feet of pipe of the different sizes in the flow and well lines now used to deliver water from the well field to the reservoirs. Sizes of Number of Pipe Feet 8" 580 10" 600 12" 1,348 16" 13,981 20" 10,378 24" 600 TOTAL 27,487 Page 6 Valve Inventory: Size 3" 4" 6" 8" 10" 12" 16" 20" Gained 2013 Waterloo System 0 0 44 0 0 22 0 0 Total Valves in System 3 75 4,624 806 177 1,046 115 72 6,918 Valves in Flow & Well Lines as of December 31, 2013: 50 Hydrant Inventory: Hydrants in Service January 1, 2013 3,206 Additions Due to New Main Construction 22 New Installation Cut -In 1 Hydrants Eliminated 2 Net Gain 21 Hydrants in Service December 31, 2013 3,227 Hydrant Maintenance: Hydrants Repaired in Place 4 Hydrants Replaced 39 Hydrants Inspected and/or Flushed 1,386 2012 2013 Broken Hydrants (typically hit by vehicles) 13 8 Frozen Hydrants 4 3 Ludlow Common Hydrants in System 151 137 Main Leaks Repaired (joint leak, pin hole) 17 8 Broken Mains (sheared, cracked, longitudinal) 45 70 Private Service Lines Leaks 135 129 The Distribution Department operated and serviced hydrants and valves where required. Page 7 Vehicle Record: Report of operation cost for the year ending December 31, 2013. 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X ❑ O C H D Y Q Ui C2 C2 a. cL it Y U o_ U U 3 7 7 7 3 0 CO Y E 7 N i-.- Y > YY I - YY C6 m 0 m L U f6 = (NI Q_ .0 ❑ D C6 ❑ U V D N .0 .0 -;(15 Q ~ �4arOa.aa>d�aa�aT-aa. a� ani L -a a) C2— oo 0 O C7 O O 0.. o O a. o 000 V C) a) ,_ La Ln Ln Ln U) U) U1 Ln Ln U) Ln a) 0 C .!_ m r r (n r r co r M rr r M r LL a) .LLLLLLLLMLLLLMLi_ ILILILQJ =L (6 N N� CJ) 0 73 3 73 7373 1D 73 3 'O "O a 7 C N❑ O LL • -C C 0 0-c O 0 O 0 0 0 0 0 O 000 0 ca.- • d '- O 0 LL ❑ O LL LL LL LL IL LL IL IL LL LL LL LL -) C) E IL E N 'O0)0U) CA CMrI's OON�MrC (N V NMMCO O OOrO) O r00 O r0r00)0 N O O O O 0) O O O O O O C) O O 0 O O O 0) 0 0 0) N N N N r N N N N N N N N N N N N N r N N r N U) CO N 00 CA O r N Ln CO CO N 00 CA O r co Nr W N N co co co Page 8 $ 123,536.12 O) CO 0) CO 0) e- to 4 N N O) to O 0) N U) M 69 CO N O co CO N CB- CD CO O N Cb e- V T- 0 0 I- TOTAL HOURS Meter Operations: 2012 2013 Meters in Service as of January 1 25,186 25,254 Meters Removed for Servicing -2,891 -2,192 Meters Reset at Existing Accounts 2,845 2,197 Meters Set for New Accounts 114 130 Total Meters Set 2,959 2,327 Net Accounts Gain/Loss 68 135 Meters in Service as of December 31 25,254 25,389 Meter Repair Work: 2012 2013 Frozen Base Replacement 18 9 Dead Piston, Gear or Register 10 1 _ Replacement Junked Meters 2,250 1,706 Meters Removed from Vacated Residences 612 470 Leaky Meters — Bases Replaced 1 6 Miscellaneous Repairs 0 0 Meters Challenged for Accuracy by Resident 2,891 2,192 Remote Readers in Service: Waterloo System (including meters not 26,017 26,220 owned by the Waterloo Water Works) Washburn System 437 437 Raymond System 304 316 26,758 26,973 Approximate non-remoted meters 36 31 Page 9 WATER PRODUCTION Water Production Manager Pumping Station Manager Tim Robbins Travis Larson During the year ending December 31, 2013, the water pumpage has decreased 4.09% from the previous year. 2012 2013 Total Pumpage in Gallons 4,792,781,000 4,596,916,000 Daily Average 13,095,030 12,594,290 Lowest Day December 25 May 26 Lowest Day Pumpage. 8,297,000 8,617,000 Highest Day July 6 July 17 Highest Day Pumpage 21,232,000 20,931,000 The record of pumpage for the year ending December 31, 2012, as compared with the year ending December 31, 2013, is as follows: 2012 2013 January 357,859,000 353,050,000 February 338,260,000 *318,967,000 March 350,514,000 355,714,000 April 348,129,000 336,116,000 May 427,287,000 357,228,000 June 454,913,000 370,585,000 July **549,364,000 **496,254,000 August 467,390,000 494,311,000 September 426,594,000 416,486,000 October 389,928,000 384,981,000 November 344,345,000 351,708,000 December *338,198,000 361,516,000 TOTAL GALLONS 4,792,781,000 4,596,916,000 * Indicates lowest month's pumpage. ** Indicates highest month's pumpage. Consumption Gallons Percent Registered on Customers' Meters 3,522,534,229 76.63 City Meters - Free Rate 136,365,079 2.97 Water loss from Reservoir (calculated) 52,058,000 1.13 Other Metered Sales 17,940,977 0.39 Flush water to prevent main freeze up 16,315,200 0.35 Unaccounted for Water Including the Following: 851,702,515 18.53 (New main construction, flushing water mains, hydrant flushing and inspection, fire protection, street sweeping, pre -metered construction, sewer flushing, main leaks and service line leaks.) 100.00% A record of the percent of accounted for water through customers' meters, city meters and calculated reservoir loss is as follows: 2008 2009 2010 2011 2012 2013 87.11% 86.13% 84.34% 83.34% 85.11% 81.47% Page 10 2013 Water Supply Analysis Average of all Wells in the System (Milligrams per Liter Unless Otherwise Noted) The Waterloo Water Works conducts an extensive water quality monitoring program to confirm that the drinking water is always safe and always of the highest quality. The following are the results of the water quality program for 2013. I. Analyte The following results are based on representative samples from the distribution system. Maximum 2011 2012 2013 Allowable Chemical Test Test Test Limit Total Trihalomethane (ppb) 13.74 7.60 6.47 80 Total Haloacetic Acids (ppb) 9.20 5.00 4.10 60 Fluoride (ppm) 0.90 0.71 0.73 4 Sodium (ppm) 11.0 11.3 14.7 NR Chlorine (ppm) 1.07 1.12 1.02 4 II. Nitrates - MCL for nitrate is 10 mg/L Maximum Allowable 2012 2013 Well No. Limit Average (ppm) Average (ppm) Well Field 7-13 10 5.39 7.15 14 10 7.57 7.90 15/17 10 0.91 0.61 16 10 7.42 7.83 18 10 4.51 4.21 19 10 2.92 3.10 20 10 5.83 7.98 21 10 1.74 1.18 22 10 7.51 7.40 Page 11 WATERLOO WATER WORKS WATER ANALYSIS 2013 Maximum Contaminant Level INORGANIC CHEMISTRY ph Value Spec. Conductance Total Alkalinity mg/L Total Hardness mg/L Silica mg/L Total Dissolved Solids mg/L 6.5-8.5 Waterloo Water Analysis 7.5 540 248 mg/L 314 mg/L 14 mg/L 373 mg/L Values below this point in mg/L or parts per million Magnesium Sodium Chloride Sulfate Ammonia (as N) Total Organic Carbon Iron Manganese Antimony Arsenic Beryllium Barium Cadmium Chromium Copper Fluoride Lead Mercury Nickel Nitrate (as Nitrogen) Nitrite (as Nitrogen) Selenium Silver Thallium RADIONUCLIDES Gross Alpha Emmitters Radium 226 Radium 228 Combined Radiums ND - Not Detected 26 14.7 250.000 16 250.000 140 .10 0.7 0.300 0.09 0.01 0.006 ND 0.050 0.001 0.004 ND 2.000 0.13 0.005 ND 0.100 ND 1.300 0.26 4.000 0.8 0.015 0.006 0.002 ND 0100 ND 10.000 4.92 1.000 0.5 0.050 0.002 0.005 ND 0.002 ND 15 pCi/L 1.44 pCi/L 5 pCi/L .517 pCi/L 5 pCi/L .880 pCi/L 5 pCi/L 1.0 pCi/L Maximum Contaminant Level Waterloo Water Analysis Values below this point in mg/L or parts per million VOLATILE ORGANIC Halo Acetic Acids Trihalomethanes (THM) 1,1-Dichloroethylene 1,2-Dichloroethane 1,2-Dichloropropane 1,2,4-Trichlorobenzene 1,1,1 -Trichloroethane 1,1,2 -Trichloroethane Benzene Carbon tetrachloride cis-1,2-Dichlroethylene Dichloromethane Ethylbenzene Monochlorobenzene 1,2 -Dichlorobenzene 1,4 -Dichlorobenzene Styrene Tretrachloroethylene Tolulene trans 1,2-Dichloroethylene Trichloroethylene Vinyl Chloride Xylenes (Total) SYNTHETIC ORGANICS 2.4-D 2,4,5 -TP (Silvex) Alachlor (Lasso) Aldicarb Aldicarb Sulfone Aldicarb Sulfoxide Atrazine Carbofuran Chlorodane Dalapon Dinoseb Diquat Endrin Endothall Lindane Methoxychlor Oxamyl (Vydate) Page 12 0.060 0.002 0.080 0.007 0.007 ND 0.005 ND 0.005 ND 0.070 ND 0.200 0.0018 0.005 ND 0.005 ND 0.005 ND 0.070 0.00068 0.005 ND 0.700 ND 0.100 ND 0.600 ND 0.075 ND 0 100 ND 0.005 0.0004 1.000 ND 0.100 ND 0,005 0.00053 0.002 ND 10.00 ND 0.070 ND 0.050 ND 0.002 ND 0.003 ND 0.003 ND 0.004 ND 0.003 ND 0.040 ND 0.002 ND 0.200 ND 0.007 ND 0.020 ND 0.002 ND 0.100 ND 0.0002 ND 0.040 ND 0.200 ND Service Outside City Limits: The 2013 water consumption and revenue from the cities served are as follows: City Hudson Elk Run Heights Kimball South Rural Raymond Washburn/B.H. County Population 2,282 1,117 250 (Est.) 788 1,155 (Est.) Number of Accounts 102 316 460 2013 Consumption (Gallons) 55,849,562 40,317,011 11,316,530 14,743,357 21, 757, 092 2013 Amount Billed $82,191.68 $68,412.82 $26,609.60 $40,676.82 $58,435.41 The Waterloo Water Works provides full service to Raymond, to the Kimball Avenue Rural System and to the Black Hawk County Rural Water System, including reading meters, billing, collection, and repair and maintenance of the water system. Hudson and Elk Run Heights use Waterloo as their source of supply and operate their own respective systems. Water Production Operational Report 2013 The pumping station operators collect and test over 80 bacteriological samples per month at the pumping station and throughout the distribution system. Additionally, more than 20 bacteria samples are collected and tested from the wells, water towers and individual residences on a monthly basis. The total amount of the bacteria samples analyzed is over 1,200 per year. Water operators test for free and total chlorine at the pumping station and at various locations in the distribution system daily. A chlorine residual of at least 0.3 mg/I must be maintained in the system to provide continuous disinfection of the drinking water to the consumer's tap. Fluoride is checked daily by samples from wells that are in operation. More than 240 fluoride samples per month are collected. Backup fluoride samples are also taken at designated sites surrounding the well houses. Keystone Laboratory checks one fluoride sample per month and the results are reported to the Iowa Department of Natural Resources. Three water samples with an unknown fluoride content are provided by the state each year and tested by Water Works personnel to check testing accuracy. In 2013, Quality Control/Quality Assurance results were within +1% accuracy. Also, over 180 pH samples are taken per month. The total number of chlorine, fluoride, pH and other water quality analysis conducted by Water Works personnel amounts to over 12,000 per year. Maintenance and Repair Water Works buildings and facilities are inspected and maintained daily. Electrical systems, SCADA controls, roofs, pumps, standby diesel engines, water lines and fencing are all repaired as needed to ensure the citizens of Waterloo an extremely reliable water system. The well grounds are maintained in such a way as to provide a park like atmosphere. Mowing of grounds is contracted for 2011-2013. Page 13 Major maintenance and repairs for 2013 are as follows: Linden (Tower) Building - Installed new 20" butterfly throttling valve with actuator, 20" manual butterfly valve, piping, fittings and electrical work - Installed new steel entry door Booster Station - Installed new steel entry door Well #15 - Tuckpointed building, replaced broken brick, caulked joints, painted base, top and window trim -Installed new steel entry door Well #17 - Installed new EPDM synthetic rubber membrane roof - Tuckpointed building, replaced broken brick, caulked joints, painted base, top and window trim -Installed new steel entry doors - Installed new pressure transmitters for SCADA for pressure/tower level Well #18 - Tuckpointed building, replaced broken brick, caulked joints, painted base, top and window trim - Installed new steel entry doors Well #20 - Installed new steel entry doors Well #21 - Installed new 350Hp electric well motor - Installed new exhaust fan motor Well #22 -Tuckpointed building, replaced broken brick, caulked joints, painted base, top and window trim - Applied anti -graffiti protection coating to building trim Page 14 Free Service: The following table shows the free water service rendered to the City of Waterloo at various metered locations. U) CO C T 0 6 N ( CD N N T O --O- N N0 U) N C T 0 O N CD CO CSD N- et O M O) LC) N -N CO 0) CO- er N Er} N CO CO d O Cr) O et T- er- LO- CV d'CC)N O) CO 0) -co O U0 Lo o o co 0 00 o) 00 Lo MCO'rOOCOd'd' Lo O I�OI�LO U)TOLo et Cf) o) C ) CO T CD CO N- Cn O T CO (0 co In co- co-- - I�TTMM CO N N O T O C0 C.r) N N.- CO N er CO CO O In f- O) LC) CO CO O) OTOCO0)0)0)NTCf)CC) LO- CO0)0r- -NN-N- CD - CD LID N 0) T- 00 OCC)NO)TO0 N -ON -CO N- N- 0 W CO CO CO CO CO O N T T T N- CD CO CC) N CC) N 69 O O LO- CO CO CO T- N N 0 NN0 T0)Mt.OTOCD000 0 T- N- et N O CC)ON-el- NN-NO0Ter CO CONGO N-C'MCONNO)4CONNN O COLON I-OMOcOOoO)N-NMd' TOO) N-COCOC COCCOLOet0)NCO O) NTCC) CC)N 0) 0, ---CO Lo- T-- N nT-N CD erCO T CO d' Ea T CO ke O TT CC)I`O0-N-OM00CD COMO) TO)MNOCOet'COOO) 00_CO_i._ 0 0) T_O)_I- N- Imo_Nf` CO LO- MCf�I�00co- CMMd O o) T O d .st O) - N- (O N O) NICO LC) CO N. N CC) 00 TCO— CON.CO CC) N.CO- c- A N N C) M CO T F- O L C O cna) 0 0 p C Ea_ as ca o_ c cc:ea oa E Eo _ m U) 0 a),0 � Cl)(I) U <C Page 15 er CO C) CC) CD - CV N N Billing: Residential, Quarterly Monthly Commercial, Quarterly & Monthly Check Orders Finals Raymond Washburn Washburn Rural Kimball Project Billed Water Sales Subtotal Adjustments Total Billed Water Sales (unaudited) Fire Protection, Annual 2,073 Electronic Banking Customers Loss Due to Uncollectible Accounts: 2011 Sent to Credit Bureau Received 2012 Sent to Credit Bureau Received 2013 Sent to Credit Bureau Received Personnel: Office (Full-time) Office (Part-time) Distribution & Meter Division Pumping Station OFFICE Accounts 21,893 1,869 Manager, Mary Ratkovich Bills Mailed Amount Billed 96,124 $3,249,765.39 14,952 2,182 15,368 18 18 4,806 4,806 316 3,792 391 1,920 69 348 102 448 31,646 137,776 508 46 $40,676.82 $47,128.03 $11,307.38 $26,609.60 $3,832,722.22 $ 365.66 $ 133,382.95 $ 125,721.83 $7,341,958.05 ($29,761.00) $7,312,197.05 $ 94,925.79 $ 0.00 (Water Sales - $ 0.00, Other - $ 0.00) - 2,332.87 (Water Sales - $ 2,200.66, Other - $ 132.21) ($ 2,332.87) $86,402.90 (Water Sales - $80,988.82, Other -$5,414.08) - 3,131.42 (Water Sales - $ 2,753.05, Other-$ 378.37) $83,271.48 $28,682.65 (Water Sales - $21,877.89, Other -$6,804.76) -3,305.83 (Water Sales - $ 3,219.50, Other-$ 86.33) $25,376.82 12/31/11 12/31/12 12/31/13 12 11 11 0 0 0 16 17 17 6 6 6 34 34 34 Plus 3 summer employees. The Waterloo Water Works also bills and manages sewer, garbage, yard waste and storm water billing for the City of Waterloo. Page 16 CITY OF WA'I ERLOO Council Communication City Council Meeting: May 5, 2014 Prepared: April 29, 2014 Dept. Head Signature: Dennis Clark # of Attachments: 10 SUBJECT: 2013 Audit of the Waterloo Water Works Submitted by: Dennis Clark, General Manager of Waterloo Water Works Recommended City Council Action: Receive and place on file the 2013 Audit of the Waterloo Water Works. Summary Statement: The Board of Trustees of the Waterloo Water Works approved the Audit at their regular Board meeting on April 23, 2014. Expenditure Required: No City funds are required for this action. The Water Works pays for the cost of the Audit. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Policy Issue: Alternative: Background Information: Copies are provided for the Mayor, City Council, City Clerk, and Chief Financial Officer WATERLOO WATER WORKS WATERLOO, IOWA DECEMBER 31, 2013 Table of Contents Officials 1 Management's Discussion and Analysis 2-6 Independent Auditor's Report 7-8 Financial Statements Statements of Net Position 9 Statements of Revenue, Expenses and Changes in Net Position 10 Statements of Cash Flows 11 Notes to the Financial Statements 12-21 Required Supplementary Information Schedule of Pension Plan Funding Progress 22 Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance With Government Auditing Standards 23-25 Officials Name Title Term Expires Terry Kuntz Chairman - Board of Trustees January 12, 2018 Rodger Burris Vice -Chairman - Board of Trustees January 12, 2014 Mary Potter Trustee January 12, 2016 Dennis Clark, PE Secretary, Treasurer and General Manager Indefinite Rick Wilberding Assistant Treasurer and Distribution Manager Indefinite Mary Ratkovich Assistant Treasurer and Office Manager Indefinite Tim Robbins Water Production Manager Indefinite 1 .. ONO NO MI Oil .. .. NMI ..d r ■r NW NM Mr VII IMO Ar WI w Waterloo Water Works Management's Discussion and Analysis December 31, 2013 The Waterloo Water Work's (Utility) discussion and analysis is designed to offer readers of the Utility's financial statements a narrative overview and analysis of the financial activities of the Utility for the year ended December 31, 2013. Readers are encouraged to read the Management's Discussion and Analysis in conjunction with the Utility's financial statements, which begin on page 9. Financial Highlights • The Utility's assets exceeded its liabilities by $29.3 million as of December 31, 2013. Of this amount, approximately $5.7 million may be used to meet ongoing obligations to the citizens and creditors. The remaining net assets are invested in capital assets or are restricted for debt repayment. • The operating revenue of the Utility exceeded operating expenses by $2,037,092 and $2,067,652 for the years ended December 31, 2013 and 2012, respectively. • As of December 31, 2013, the Utility's unrestricted cash, certificates of deposits, trade receivables and prepaid expenses of approximately $7.3 million exceeded total current liabilities by approximately $5.4 million. This excess is available for spending at the Utility's discretion. • The Utility has capital loan notes outstanding of $1,125,000 as of December 31, 2013 which are reported net of unamortized discounts costs of $6,392. Overview of the Financial Statements This discussion and analysis is intended to serve as an introduction to the Utility's basic financial statements. The Utility is a single purpose component unit of the City of Waterloo, Iowa (City). The Utility provides water to its customers at rates designed to recover the cost of providing the water, including costs associated with installation and maintenance of water pumping, storage and transmission systems. As a result, the Utility prepares financial statements as a single enterprise fund in a manner similar to a private -sector business. The statements of net position present information on all of the Utility's assets and liabilities, with the difference between the two reported as net position. Over time, increases or decreases in net position may serve as a useful indicator of whether the financial position of the Utility is improving or deteriorating. The statements of revenue, expenses and changes in net position present information showing how the Utility's net position changed during the year. All changes in net position are reported as soon as the underlying event giving rise to the change occurs, regardless of the timing of the related cash flows. Thus, revenue and expenses are reported in this statement for some transactions that will result in cash flows in the following year. The statements of cash flows present information showing major sources and uses of cash by four types of activities. The activities are operating; noncapital financing; capital and related financing; and investing. Also included is a schedule which reconciles income from operations to net cash provided by operating activities. The basic financial statements can be found on pages 9 through 11 of this report. 2 NM OM .. .. IMO IMO IMO MOI A. MO A MIS .. .. ego MO The notes to the financial statements provide additional information that is essential to a full understanding of the data provided in the basic financial statements. Notes are considered to be an integral part of financial statements prepared in accordance with generally accepted accounting principles. The notes to the financial statements can be found on pages 12 through 21 of this report. Financial Analysis As noted earlier, net position may serve over time as a useful indicator of an entity's financial position. The Utility's assets exceeded its liabilities by $29.3 million and $27.4 million on December 31, 2013 and 2012, respectively. The following is a summary of the composition of net position as of December 31: 2013 2012 Current assets $ 7,296,971 $ 6,996,078 Noncurrent, noncapital assets 797,920 816,414 Capital assets, net of accumulated depreciation 23,978,241 22,513,736 Total Assets 32,073,132 30,326,228 Current liabilities 1,910,291 1,660,604 Liabilities payable from restricted assets 143,336 138,941 Water revenue capital loan notes 758,608 1,115,412 Total Liabilities 2,812,235 2,914,957 Net Position Invested in capital assets, net of related debt 23,183,242 21,373,736 Restricted for debt service 330,000 330,000 Unrestricted 5,747,655 5,707,535 Total Net Position $ 29,260,897 $ 27,411,271 Net investment in capital assets is by far the largest portion of the Utility's net position, 79.2% as of December 31, 2013, and reflect its net investment in capital assets (e.g., land, buildings, machinery, equipment, meters and water supply system). The Utility uses these capital assets to provide water and services to the citizens; consequently, these assets are not available for future spending. Restricted component of net position represent resources that are subject to external restrictions on how they may be used. Unrestricted component of net position may be used to meet the Utility's ongoing obligations to citizens and creditors. It is the Utility's intention to use these assets for future operating purposes and capital asset acquisition and improvements. As of both December 31, 2013 and 2012, the Utility reported positive balances in all three categories of net position. 3 UMW MN .. NMI .IMI OW .. NNW ,. .. ,. On. ,. .. ,. SW imp .. Governmental activities. Since the Utility is a single purpose enterprise, it has no activities classified as "governmental". The following is a summary of the changes in net position for the years ended December 31: 2013 2012 Operating revenue $ 7,902,165 $ 7,869,430 Operating expenses 5,865,073 5,801,778 Operating Income 2,037,092 2,067,652 Net nonoperating revenue (expense) (18,691) 93,476 Capital contributions 83,770 35,841 Transfers to City of Waterloo (252,545) (340,725) Change in Net Position 1,849,626 1,856,244 Net Position - Beginning of Year 27,411,271 25,555,027 $2941$0.827 $ 27,411,271 Net Position - End of Year Operating revenue is the Utility's primary source of revenue and is generated from water sales and other services to customers. For 2013, operating revenue increased $32,735 from 2012 due primarily to a 6% increase in water rates, which offset the increasing expense described below. Operating expenses totaled $5,865,073 for 2013, a $63,295 increase from 2012 due primarily to the increase in depreciation expense. This expense represents the Utility's costs to improve the water system. Operating expenses included depreciation expense of $612,317 and $566,449 for the years ended December 31, 2013 and 2012, respectively. Net nonoperating revenue (expense) includes interest income and expense, amortization of debt issuance costs, losses on disposals of assets and rent from leasing space for billboards and antennas. Net nonoperating revenue (expense) decreased by $112,167 between 2013 and 2012 due primarily to the loss on the disposal of capital assets in 2013. Rent income totaled $105,191 and $119,265 for the years ended December 31, 2013 and 2012, respectively. Capital contributions totaled $83,770 and $35,841 for the years ended December 31, 2013 and 2012, respectively. These contributions are received as "front footage" fees as property is developed with resulting taps into the Utility's water distribution system and from private parties installing water main infrastructure in new developments. Transfers to City of Waterloo of $252,545 and $340,725 for the years ended December 31, 2013 and 2012, respectively, are equal to the value of metered water provided to the City at no charge. Operating revenue includes an amount equal to the transfer. The Utility also provides unmetered water to the City at no charge. However, no reasonable estimate of the value of the unmetered water can be made. Therefore, the value of unmetered water is not included in the financial statements, Budgetary Highlights Each year, the Board of Trustees adopts a budget using the modified cash basis of accounting which differs from the accrual basis of accounting used for the accompanying financial statements. The Utility's original budget was not amended during either of the years ended December 31, 2013 or 2012. Actual cash disbursements were approximately $2.1 million less than budgeted due to savings over some key expenses and capital projects being delayed in 2013 for various reasons. 4 w IMP A MIN mit Capital Assets and Long -Term Debt The Utility's investment in capital assets amounted to approximately $24.0 million and $22.5 million as of December 31, 2013 and 2012, respectively, (net of accumulated depreciation of approximately $9.8 million and $9.4 million as of December 31, 2013 and 2012, respectively). This investment in capital assets includes land; buildings and improvements; water supply and distribution systems; meters; machinery; and equipment. Major capital asset construction and acquisition during 2013 included the following: • Replacement of telephone system. • Installation of 2.54 miles of water mains. • Purchase of two vehicles. • Street reconstruction projects. • Substantial completion of the Dewitt Road main extension project, Ranchero Road water main project and Shaulis Road water main project. • Upgrade and repair of well house buildings. The following is a summary of the capital assets, at cost, as of December 31: 2013 2012 Land $ 270,896 $ 270,896 Pipes and valves 526,633 462,865 Buildings and improvements 1,754,291 1,754,291 Water supply system 6,092,799 6,038,874 Distribution system 21,687,374 19,960,281 Meters and equipment 1,173,594 1,468,956 Machinery and equipment 1,981,884 1,832,847 Construction in progress 271,839 106,067 Total $ 33,759,310 $ 31,895,077 Additional information about the Utility's capital assets can be found in Note 5 to the financial statements. As of December 31, 2013, total Utility long-term debt was $1,125,000 less unamortized discounts of $6,392 for a net long-term debt of $1,118,608. As of December 31, 2012 total Utility long-term debt was $1,470,000 less unamortized discounts of $9,588 for a net long-term debt of $1,460,412. Principal of $360,000 and interest of $44,640 is due during the year ending December 31, 2014. Debt indentures require that certain covenants relating to the maintenance and efficiency of the operating system, the rate structure, restrictions on borrowings, leasing or disposition of assets and minimum insurance coverage be adhered to. During 2013 and 2012, the Utility was in compliance with required covenants. Additional information about the Utility's long-term debt can be found in Notes 4 and 6 to the financial statements. 5 NEM NUN ANS OM MO w NNW w 1,40 Imi r Mw Ns Or NEP Economic Factors and Next Year's Budget and Rates The Utility's primary source of revenue is water sales. Effective January 1, 2014, water meter minimum charges increased 10% and rate blocks increased approximately 12 cents per hundred cubic feet of water. Budgeted revenue has been adjusted to reflect the increase in rates. Operating expense for 2014 is expected to increase over the same expenditures in 2013 due to payroll step increases for new employees, insurance premium increases, contributions to the pension plan and other operating expense increases. Capital expenditures are expected to increase as the Utility is planning on continuing work on the Dewitt Road water main extensions; Highway 63 North water main replacements; Ranchero Road water main extension and well number 19 variable frequency drive and replacement standby power project; implementation of GIS mapping and software systems; starting on the office reconfiguration and remodel; Progress Avenue water main extension; Dysart Road water main extension; Highway 63 downtown Jefferson to Franklin water main project; and completion of miscellaneous main replacement projects, partially in conjunction with the City of Waterloo's Street Reconstruction Program, all at an estimated cost of approximately $5,800,000. 6 ONO .. MEN MIS .. IMO NNW a IWO WNW WW1 INN HOGAN • HANSEN A Professional Corporation Certified Public Accountants and Consultants Independent Auditor's Report Board of Trustees Waterloo Water Works Waterloo, Iowa Report on the Financial Statements We have audited the accompanying statements of net position of the Waterloo Water Works, a component unit of the City of Waterloo, Iowa, as of December 31, 2013 and 2012, and the related statements of revenue, expenses and changes in net position and cash flows for the years then ended and the related notes to the financial statements. Management's Responsibility for the Financial Statements Management is responsible for the preparation and fair presentation of these financial statements in accordance with accounting principles generally accepted in the United States of America; this includes the design, implementation and maintenance of internal control relevant to the preparation and fair presentation of financial statements that are free from material misstatement, whether due to fraud or error. Auditor's Responsibility Our responsibility is to express an opinion on these financial statements based on our audits. We conducted our audits in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the financial statements are free from material misstatement. An audit involves performing procedures to obtain audit evidence about the amounts and disclosures in the financial statements. The procedures selected depend on the auditor's judgment, including the assessment of the risks of material misstatement of the financial statements, whether due to fraud or error. In making those risk assessments, the auditor considers internal control relevant to the entity's preparation and fair presentation of the financial statements in order to design audit procedures that are appropriate in the circumstances, but not for the purpose of expressing an opinion on the effectiveness of the entity's internal control. Accordingly, we express no such opinion. An audit also includes evaluating the appropriateness of accounting policies used and the reasonableness of significant accounting estimates made by management, as well as evaluating the overall presentation of the financial statements. We believe that the audit evidence we have obtained is sufficient and appropriate to provide a basis for our audit opinion. 3128 Brockway Road, P.O. Box 240, Waterloo, Iowa 50704-0240 • 319/233-5225 • Fax 319/233-3188 • E -Mail w@hoganhansen.com Member of American Institute of CPAs — Iowa Society of CPAs Algona • Belmond • Cedar Falls • Cedar Rapids • Clear Lake • Mason City • Waterloo 7 Board of Trustees Waterloo Water Works Page 2 Opinion In our opinion, the financial statements referred to above present fairly, in all material respects, the financial position of the Waterloo Water Works as of December 31, 2013 and 2012, and the respective changes in its financial position and its cash flows for the years then ended, in conformity with accounting principles generally accepted in the United States of America. Other Reporting Requirement by Government Auditing Standards In accordance with Government Auditing Standards, we have also issued our report dated March 11, 2014 on our consideration of the Utility's internal control over financial reporting and our tests of its compliance with certain provisions of laws, regulations and contracts. The purpose of that report is to describe the scope of our testing of internal control over financial reporting and compliance and the results of that testing, and not to provide an opinion on the internal control over financial reporting or on compliance. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be considered in assessing the results of our audits. Other Matters Required Supplementary Information Accounting principles generally accepted in the United States of America require management's discussion and analysis and the schedule of funding progress on pages 2 through 6 and 22 be presented to supplement the basic financial statements. Such information, although not a part of the basic financial statements, is required by the Governmental Accounting Standards Board which considers it to be an essential part of financial reporting for placing the basic financial statements in an appropriate operational, economic or historical context. We have applied certain limited procedures to the required supplementary information in accordance with auditing standards generally accepted in the United States of America, which consisted of inquires of management with the methods of preparing the information and comparing the information for consistency with management's responses to our inquiries, the basic financial statements and other knowledge we obtained during our audit of the basic financial statements. We do not express an opinion or provide any assurance on the information because the limited procedures do not provide us with sufficient evidence to express an opinion or provide any assurance. /1-06/tii ANS61(4 HOGAN - HANSEN Waterloo, Iowa March 11, 2014 8 Statements of Net Position As of December 31, 2013 and 2012 2013 2012 Assets Current Assets Cash and cash equivalents $ 5,727,375 $ 5,531,540 — Certificates of deposit 106,664 111,059 Receivables Trade accounts 1,382,293 1,279,751 Accrued interest 1,501 1,018 Prepaid expenses 79,138 72,710 Total Current Assets 7,296,971 6,996,078 Noncurrent Assets Restricted certificates of deposit 473,336 468,941 Unamortized capital loan notes issuance costs 5,260 7,889 Repair assessments receivable 319,324 339,584 Subtotal 797,920 816,414 Capital Assets Land 270,896 270,896 Pipes and valves 526,633 462,865 Buildings and improvements 1,754,291 1,754,291 Water supply system 6,092,799 6,038,874 Distribution system 21,687,374 19,960,281 Meters and equipment 1,173,594 1,468,956 Machinery and equipment 1,981,884 1,832,847 Construction in progress 271,839 106,067 Total Capital Assets 33,759,310 31,895,077 Less accumulated depreciation (9,781,069) (9,381,341) Net Capital Assets 23,978,241 22,513,736 Total Noncurrent Assets 24, 776,161 23, 330,150 Total Assets $ 32,073,132 $ 30,326,228 See accompanying notes to the financial statements. SIMI 2013 2012 Liabilities and Net Position Current Liabilities Current maturities of water revenue capital loan notes $ 360,000 $ 345,000 Accounts payable 148,017 76,926 Accrued employee compensation 114,748 111,010 Customer deposits 34,195 36,970 Due to Other Governments City of Waterloo Garbage fees 358,414 322,179 Sewer fees 686,278 588,782 Storm water fees 147,215 127,696 City of Raymond 19,988 12,196 Black Hawk County 41,436 39,845 Total Current Liabilities 1,910,291 1,660,604 Liabilities Payable From Restricted Assets 143,336 138,941 Water Revenue Capital Loan Notes 758,608 1,115,412 Total Liabilities 2,812,235 2,914,957 Net Position Invested in capital assets, net of related debt 23,183,242 21,373,736 Restricted for debt service 330,000 330,000 Unrestricted 5,747,655 5,707,535 Total Net Position 29.260.897 27.411.271 Total Liabilities and Net Position $ 32,073,132 $ 30,326,228 9 Ana aw IMO w ■O ir. Mr ONO a 4... INN NEI INNS a.. Statements of Revenue, Expenses and Changes in Net Position Years Ended December 31, 2013 and 2012 2013 2012 Operating Revenue Water sales $ 7,002,548 $ 6,789,602 Metered water provided to the City of Waterloo 252,545 340,725 Fire protection 101,802 101,851 Billing and collection fees 126,952 130,435 Other sales and service 418,318 506,817 Total Operating Revenue 7,902,165 7,869,430 Operating Expenses Salaries and benefits 3,158,942 3,111,159 Contractual services 880,179 872,574 Commodities 1,213,635 1,251,596 Depreciation 612,317 566,449 Total Operating Expenses 5,865,073 5,801,778 Operating Income 2,037,092 2,067,652 Nonoperating Revenue (Expenses) Interest income 47,751 50,688 Interest expense (61,118) (73,848) Amortization (2,629) (2,629) Loss on disposal of capital assets (107,886) — Billboard and antenna rent 105,191 119,265 Total Nonoperating Revenue (Expenses) (18,691) 93,476 Change in Net Position Before Contributions and Transfers 2,018,401 2,161,128 Capital contributions 83,770 35,841 Transfers to City of Waterloo (252,545) (340,725) Change in Net Position 1,849,626 1,856,244 Net Position - Beginning of Year 27,411,271 25,555,027 Net Position - End of Year $ 29,260,897 $ 27,411,271 See accompanying notes to the financial statements. 10 s.. .a a NMI IMO Statements of Cash Flows Years Ended December 31, 2013 and 2012 Cash Flows From Operating Activities Cash received from customers Cash collected on behalf of primary government Cash collected on behalf of other governments Cash paid to primary government (less 1% collection fee) Cash paid to other governments (less collection fee) Cash paid to or on behalf of employees Cash paid to suppliers Net Cash Provided by Operating Activities Cash Flows From Noncapital Financing Activities Billboard and antenna rent Cash Flows From Capital and Related Financing Activities Contributed capital Repayments of water revenue capital loan notes Interest paid on water revenue capital loan notes Acquisition of capital assets Acquisition of plant not in service Net Cash Used in Capital and Related Financing Activities Cash Flows From Investing Activities Proceeds from the maturities of certificates of deposit Purchase of certificates of deposit Interest received on savings and certificates of deposits Net Cash Provided by Investing Activities Net Increase (Decrease) in Cash Cash and Cash Equivalents - Beginning of Year Cash and Cash Equivalents- End of Year Reconciliation of Operating Income to Net Cash Provided by Operating Activities Operating income Adjustments to Reconcile Operating Income to Net Cash Provided by Operating Activities Depreciation Water provided to the City of Waterloo, not billed Pipes and values used in operations Change in Assets and Liabilities (Increase) decrease in trade accounts and repair assessments receivable Increase in prepaid expenses Decrease in prepaid pension Increase in accounts payable Increase in accrued employee compensation Increase (decrease) in customer deposits, due to other governments and liabilities payable from restricted assets Net Cash Provided by Operating Activities 2013 $ 7,460,296 12, 576, 534 400,646 (12,300,251) (410,029) (3,155,204) (1,689,323) 2,882,669 105.191 5,280 (345,000) (57,922) (2,008,518) (433,133) (2,839,293) 280,000 (280,000) 47,268 47,268 195,835 5,531,540 $ 5,727,375 2012 $ 7,443,337 12, 703, 831 352,441 (12,700,835) (357,176) (3,068,840) (1,712,537) 2,660,221 119,265 35,841 (335,000) (70,652) (2,387,652) (409,453) (3,166,916) 250,000 (140,000) 50,663 160,663 (226,767) 5,758,307 $ 5,531,540 $ 2,037,092 $ 2,067,652 612,317 (252, 545) 369,365 (82,282) (6,428) 37,159 3,738 566,449 (340,725) 409,991 44,395 (26,485) 31,401 28,127 10,918 164,253 (131,502) $ 2,882,669 $ 2,660,221 See accompanying notes to the financial statements. 11 h Notes to the Financial Statements (1) Summary of Significant Accounting Policies and Other Matters Reporting Entity The Waterloo Water Works (Utility) is a municipal utility that is a political subdivision and component unit of the City of Waterloo, Iowa. The Utility provides water to customers in the cities of Waterloo, Elk Run Heights, Hudson, Raymond and adjacent areas of Black Hawk County. The Utility's rates are set by its governing board. The Waterloo Water Works Board of Trustees has oversight responsibility for all water pumping and distribution to Waterloo and surrounding areas. All activities with which the Board has oversight responsibility are included in the financial statements. Measurement Focus and Basis of Accounting The Utility is accounted for on the flow of economic resources measurement focus and uses the accrual basis of accounting. Under this method, revenue is recorded when earned and expenses are recorded when incurred. All Financial Accounting Standards Board (FASB) pronouncements are applied in accounting and reporting for its proprietary operations unless they are contradicted with pronouncements issued by the Governmental Accounting Standards Board (GASB). Use of Estimates Management uses estimates and assumptions in preparing financial statements. Those estimates and assumptions affect the reported amounts of assets and liabilities, the disclosure of contingent assets and liabilities and the reported revenue and expenses. Cash, Cash Equivalents and Certificates of Deposit The Utility's deposits at year end were entirely insured or collateralized with securities held by the Utility or by their agents in the Utility's name or by nontransferable letters of credit. The Utility also has deposits in Iowa Public Agency Investment Trust money market accounts. Trade Accounts Receivable — Water sales are billed monthly or quarterly, depending upon the quantity of water used or if requested by the customer. Accordingly, water sales are billed monthly to the larger commercial accounts and certain multi -family residential customers, while most residential customers are billed quarterly. Water sales are estimated for the period from the previous billing to year end and are included in revenue and trade accounts receivable. Unbilled revenue included in trade accounts receivable as of December 31, 2013 and 2012 was $767,796 and $706,174, respectively. Budgeting The Utility is required to prepare a budget each year and submit it, subject to review by the City of Waterloo, to the State of Iowa. The Utility prepares its budget using the cash basis of accounting modified by reducing cash balances and receipts and disbursements by amounts held on behalf of the City of Waterloo and customer deposits. The Utility's 2013 and 2012 budget and comparison to cash basis activity is as follows: 2013 2012 Business -Type Activity - Water Actual disbursements $ 8,039,364 $ 8,308,841 Budgeted disbursements 10,144,103 10,811,291 Actual Disbursements Under Budget $ (2,104,739) $ (2,502,450) 12 Notes to the Financial Statements (1) Summary of Significant Accounting Policies and Other Matters Capital Assets The capital assets consist of assets in service and assets not in service consisting of land, construction in progress and inventories of pipes, valves, meters and other items which will generally be converted to capital assets. Capital assets are recorded at cost with depreciation computed under the straight-line method over useful lives as follows: Type Estimated Useful Lives Buildings and improvements 10 - 99 Years Water supply system 10 - 99 Years Distribution system 10 - 99 Years Meters and equipment 5 - 63 Years Machinery and equipment 3 - 40 Years Depreciation expense for the years ended December 31, 2013 and 2012 was $612,317 and $566,449, respectively. Major outlays for capital assets and improvements are capitalized as "in process" while projects are constructed and transferred to capital assets upon completion. Interest incurred on construction debt during the construction phase of capital assets is reflected in the capitalized value of the asset constructed, net of interest earned on the invested proceeds over the same period. Operating Revenue The Utility defines operating revenue as revenue derived from the sale of water and from the collection of garbage, sewer and storm water fees for the City of Waterloo and other governments. Nonoperating revenue is defined as anything other than revenue from the sale of water and from the collection of fees for the City of Waterloo and other governments. Restricted Resources When an expense is incurred for which both restricted and unrestricted net assets are available, the Utility first uses the restricted resources. Unrestricted resources are used once the restricted resources have been depleted. Unamortized Water Revenue Capital Loan Notes Issuance Costs Costs to issue the 2007 water revenue capital loan notes of $27,060 are amortized using the straight- line method over the 11 -year life of the notes. Amortization expense totaled $2,629 for each of the years ended December 31, 2013 and 2012. Discount on Water Revenue Capital Loan Notes Original discount on the 2007 water revenue capital loan notes of $32,894 is amortized using the straight-line method over the 11 -year life of the notes. Amortization expense computed under the straight-line method was not materially different than amortization expense computed using the effective interest method. Discount amortization, which is included in interest expense, totaled $3,196 for both of the years ended December 31, 2013 and 2012. 13 Notes to the Financial Statements (2) Cash Flow Statement Supplementary Information For purposes of the statements of cash flows, the Utility considers all highly liquid debt instruments purchased with original maturities of less than three months to be cash equivalents. 2013 2012 Schedule of Noncash Investing and Financing Activities Cost of property and equipment $ 2,120,940 $ 2,387,652 Amounts payable - current year (33,932) Capital contributions (noncash) (78,490) Cash Paid for Property and Equipment $ 2,008,518 $ 2,387,652 Schedule of Noncash Investing and Financing Activities Interest expense $ 61,118 $ 73,848 Less noncash amortization of water revenue capital loan notes discount (3,196) (3,196) Cash Paid for Interest $ 57,922 $ 70,652 Plant Not in Service Used in Operations $ 526,633 $ 409,991 (3) Deposits and Investments The Utility's deposits in banks and credit unions as of December 31, 2013 and 2012 are entirely covered by federal depository insurance, by the State Sinking Fund or are collateralized either with securities held by the Utility or by nontransferable letters of credit in accordance with Chapter 12C of the Code of Iowa. This chapter provides for additional assessments against the depositories to insure there will be no loss of public funds. The Utility is authorized by statute to invest public funds in obligations of the United States Government, its agencies and instrumentalities; certificates of deposit or other evidences of deposit at federally insured depository institutions approved by the Board of Trustees and the Treasurer of the State of Iowa; prime eligible bankers acceptances; certain high -rated commercial paper; perfected repurchase agreements; certain registered open-end management investment companies; certain joint investment trusts; and warrants or improvement certificates of a drainage district. The Utility's certificates of deposit are stated at cost which approximates fair value. Certificates of deposit are purchased with maturities of 24 to 37 months and yields of 1.25% to 1.69%. Certain certificates of deposit are restricted to comply with debt covenants and to secure customer deposits. The Utility's deposits in the Iowa Public Agency Investment Trust were valued at an amortized cost of $1,527,338 pursuant to Rule 2a-7 under the Investment Company Act of 1940. The deposits in the Iowa Public Agency Investment Trust are unrated for credit risk purposes. 14 Notes to the Financial Statements (4) Restricted Assets Restricted assets represent monies set aside under terms of bond covenants and to provide security for deposits and advances. The composition of these funds as of December 31, 2013 and 2012 was as follows: Restricted Corresponding Restricted Asset Liability Net Position 2013 Customer deposits $ 143,336 $ 143,336 $ Capital Loan Note Covenants Debt reserve 330,000 — 330,000 Total $ 473,336 $ 143,336 $ 330,000 2012 Customer deposits $ 138,941 $ 138,941 $ Capital Loan Note Covenants Debt reserve 330,000 — 330,000 Total $ 468,941 $ 138,941 $ 330,000 Restricted assets are invested in certificates of deposit with earnings thereon being deposited as general revenue of the Utility. Debt sinking and debt reserve amounts may only be used for payment of principal and interest on long-term debt. Debt sinking had the following activity: Balance - January 1, 2012 $ — Monthly allocations during 2012 405,652 Interest payments made (70,652) Principal payments made (335,000) Balance - December 31, 2012 — Monthly allocations during 2013 402,922 Interest payments made (57,922) Principal payments made (345,000) Balance - December 31, 2013 $ — 15 Notes to the Financial Statements (5) Capital Assets Capital asset activity for the years ended December 31, 2013 and 2012 was as follows: Balance 12-31-11 Capital Assets Not Being Depreciated Land $ 270,896 Pipes and valves 463,403 Construction in progress 100,829 Total Capital Assets Not Being Depreciated 835,128 54,271 Capital Assets Being Depreciated Buildings and improvements 1,754,291 Water supply system 5,198,291 840,583 Distribution system 18,560,971 1,399,310 Meters and equipment 1,468,956 - Machinery and equipment 1,761,904 142,521 Total Capital Assets Being Depreciated 28,744,413 2,382,414 Less Accumulated Depreciation for Buildings and improvements Water supply system Distribution system Meters and equipment Machinery and equipment Total Accumulated Depreciation (8,886,470) Net Capital Assets Being Depreciated 19,857,943 Net Capital Assets $ 20,693,071 Balance Increase Decrease 12-31-12 $ - $ - $ 538 54,271 49,033 (699, 373) (2,543,392) (3,671,250) (784,375) (1,188,080) (6) Summary of Debt (28,197) (154,747) (265, 281) (37,651) (80,573) (566,449) 1,815,965 $ 1,870,236 Water Revenue Capital Loan Notes Series 2007 capital loan notes, Bankers Trust Company, N.A. - paying and registered agent, due in annual payments ranging from $360,000 to $390,000 through December, 2016, plus interest semi-annually at rates ranging from 3.8% to 4%, depending on maturity, secured by first lien on net revenue. Less unamortized discount 270,896 $ 462,865 106,067 49,571 839,828 71,578 71,578 1,754,291 6,038,874 19,960,281 1,468,956 1,832,847 31,055,249 (727,570) (2,698,139) (3,936,531) (822,026) (71,578) (1,197,075) Balance Increase Decrease 12-31-13 433,133 1,786,768 369,365 1,620,996 $ 270,896 526,633 271,839 2,219,901 1,990,361 1,069,368 53,925 1,727,093 - 1,754,291 - 6,092,799 - 21,687,374 295,362 1,173,594 174,151 25,114 1,981,884 1,955,169 320,476 32,689,942 (28,197) (185,831) (274,498) (31, 045) (92, 746) (71,578) (9,381,341) (612,317) - 21,673,908 $ 49,571 $ 22,513,736 Current Portion (191,907) (20,682) (755, 767) (2,883,970) (4,211,029) (661,164) (1,269,139) (212,589) (9,781,069) 1,342,852 107,887 22,908,873 $ 3,562,753 $ 2,098,248 $ 23,978,241 2013 2012 $ 360,000 $ 345,000 Total $ 360,000 $ 345,000 Long -Term Portion 2013 2012 $ 765,000 $ 1,125,000 (6,392) (9,588) $ 758,608 $ 1,115,412 16 Notes to the Financial Statements (6) Summary of Debt The Water Works has pledged future gross revenue, net of specified operating expenses to repay $3,300,000 in water revenue capital loan notes issued in February, 2007. Proceeds from the notes provided for refunding of Series 2001 capital loan notes and costs of water main extensions and other improvements. The notes are payable solely from net revenue of the system and restricted cash held in the debt reserve account. Annual principal and interest payments are expected to be less than 80% of net revenue. The total principal and interest remaining to be paid is $1,215,840. For the current year, principal and interest paid and net revenue of the system were $402,922 and $2,691,836, respectively. Interest expense for 2013 and 2012 includes $57,922 and $70,652 on the notes plus $3,196 each for 2013 and 2012, for amortization. As of December 31, 2013 annual maturities of long-term debt were as follows: Principal Interest Total Year Ending December 31, 2014 $ 360,000 $ 44,640 $ 404,640 2015 375,000 30,600 405,600 2016 390,000 15,600 405,600 $ 1,125,000 $ 90,840 $ 1,215,840 Debt indentures require that certain covenants relating to the maintenance and efficiency of the operating system, the rate structure, restrictions on borrowings, leasing or disposition of assets and minimum insurance coverage be adhered to. During 2013 and 2012, the Utility was in compliance with required covenants. The following is a summary of the changes in debt for the years ended December 31, 2013 and 2012: Balance - January 1, 2012 Retirements Balance - December 31, 2012 Retirements Balance - December 31, 2013 Water Revenue Capital Loan Notes $ 1,805,000 335,000 1,470,000 345,000 $ 1,125,000 17 Notes to the Financial Statements (7) Compensated Absences The Utility's employees accumulate vacation days during the year based on the anniversary date of their employment. As of December 31, 2013 and 2012, $50,137 and $58,335, respectively, was accrued for unused vacation days. The Utility has a sick time policy for all employees. Under this plan, employees earn sick time hours during the year up to a maximum which is specified in the plan. At year end, 25% of the current year unused hours, up to a maximum of 14 hours, is paid out in cash and the remaining hours are carried over to the next year as banked hours which do not vest. (8) Related Party Transactions The Utility provides customer file maintenance, meter reading, billing and collecting services for the City of Waterloo's (City) Sanitation (Garbage) and Sanitary Sewer Enterprise Funds and keeps 1% of cash collected as a service fee. During 2013 and 2012, the Utility recorded $123,033 and $127,080, respectively, as City service fees and forwarded approximately $12,300,000 and $12,700,000 during 2013 and 2012, respectively, to the City. As of December 31, 2013 and 2012, the Utility's payables to the City were $1,191,907 and $1,038,657, for garbage, sewer and storm water collections, respectively. The Utility pays office expenses (data processing charges, postage and other expenses of the billing cycle) and passes approximately one-half of those costs on to the City. During 2013 and 2012, the Utility received approximately $67,000 and $69,000, respectively, from the City which reduced office expenses. The Utility also provides metered and unmetered water to the City at no charge. Metered water furnished to the City is valued at equivalent sales rates and is included in the financial statements as water sales and transfers to the City. During the years ended December 31, 2013 and 2012, the Utility provided metered water to the City valued at approximately $250,000 and $340,000, respectively. (9) Pension Plans The Utility contributes to the Waterloo Water Works Pension Plan (Plan) and the Iowa Public Employees Retirement System (IPERS). Waterloo Water Works Pension Plan The Waterloo Water Works Pension Plan is a single -employer defined benefit plan administered by the Pension Committee of the Waterloo Water Works. The Plan provides retirement benefits to plan members and beneficiaries. Cost -of -living adjustments are provided to members and beneficiaries at the discretion of the Committee. The Plan does not issue a stand alone financial report. The actuarial report on the Plan is held at the Utility's office. 18 ... Ill .. ... .. VFW .. .1D .. s NM .. J.. Notes to the Financial Statements (9) Pension Plans The contribution requirements of the Plan members (employees) and the Utility are established and may be amended by the Utility. Mandatory contributions to the Plan are equal to the IPERS rate effective January 1 of the previous year. During 2009, plan members contributions were not required and the Utility made all the required contributions. Beginning January 1, 2010, plan members were required to contribute one-third of the full contribution rate of 4.1% and the Utility paid the rest of the required contribution. As of January 1, 2011, plan members were required to contribute two-thirds of the full contribution rate of 4.3% and beginning January 1, 2012 plan members were required to contribute all of the mandatory contributions. The vesting period also changed from 12 years to 4 years as of January 1, 2010. Annual Pension Cost and Net Pension Obligation The Utility's annual pension cost and net pension (asset) obligation to the Plan for the year ended December 31, 2013: Annual recommended contribution (ARC) Interest on net pension obligation Annual Pension Cost per Actuary Utility's contribution made during the year Employee contributions made during the year Total Utility and Employee Contributions Made During the Year $ 444,629 35, 570 $ 480,199 $ 480,199 58,459 $ 538,658 The Utility's Board of Trustees have approved contributions to the Plan in excess of the annual pension cost as determined by the actuary in an effort to eliminate over time the unfunded pension liability as computed by the actuary. The annual pension cost for 2013 was determined as part of the actuarial valuation using the January 1, 2013 projected unit credit cost method. The actuarial assumptions included (a) 8% investment rate of return (net of administrative expenses) and (b) projected salary increases of 3% per year, compounded annually and retirement at age 62 with 30 years of service. The assumptions did not include any postretirement benefits. The actuarial value of assets was determined using the current market value of investments. Management Year Ended December 31, 2011 December 31, 2012 December 31, 2013 Three -Year Trend Information Annual Pension Cost (APC) Normal Cost Interest Total $ 355,004 392,305 444,629 $ 28,400 31,384 35,570 $ 383,404 423,689 480,199 Percentage of APC Contributed 98% 100 100 Net Pension Obligation (Asset) $ (31,401) 19 Notes to the Financial Statements (9) Pension Plans Iowa Public Employees Retirement System (IPERS) Effective February 20, 2008, all new employees enter the Iowa Public Employees Retirement System instead of the Waterloo Water Works Pension Plan. IPERS is a cost-sharing multiple -employer defined benefit pension plan administered by the State of Iowa. IPERS provides retirement and death benefits which are established by state statute to plan members and beneficiaries. IPERS issues a publicly available financial report that includes financial statements and required supplementary information. The report may be obtained by writing to IPERS, P.O. Box 9117, Des Moines, IA 50306-9117. Plan members were required to contribute 5.78% of their annual covered salary from January 1, 2013 to June 30, 2013 and 5.95% of their annual covered salary from July 1, 2013 to December 1, 2013. The Utility was required to contribute 8.67% of covered salary from January 1, 2013 to June 30, 2013 and 8.93% of covered salary from July 1, 2013 to December 1, 2013. Contribution requirements are established by state statute. The Utility's contributions to IPERS for the years ended December 31, 2013 and 2012 were $70,659 and $56,189, respectively, equal to the required contributions each year. (10) Health Insurance The Waterloo Water Works implemented GASB Statement No. 45, Accounting and Financial Reporting by Employers for Postemployment Benefits Other Than Pensions (OPEB) during the year ended December 31, 2008. The Utility operates a single -employer retiree benefit plan which provides medical/prescription drug and dental benefits for retirees and their spouses. There are 34 active and no retired members in the plan as of December 31, 2013. Retirees under age 65 pay the same premium for the medical/prescription drug benefit as active employees, which results in an implicit subsidy, although management has determined any OPEB obligation would be immaterial to the financial statements. (11) Risk Management The Utility is exposed to various risks of loss related to torts; theft, damage to and destruction of assets; errors and omissions; injuries to employees; and natural disasters. These risks are covered by the purchase of commercial insurance. The Utility assumes liability for any deductibles and claims of coverage limitations. Settled claims from these risks have not exceeded commercial insurance coverage in any of the past three fiscal years. (12) Commitments The Utility began working on the water main extension projects and other various projects. As of December 31, 2013, the Utility expects the remaining costs of the existing contracts of $757,034 to be expended in 2014. 20 Notes to the Financial Statements (13) Subsequent Events Management has evaluated subsequent events through March 11, 2014, the date which the financial statements were available to be issued. Subsequent to December 31, 2013, the Utility approved a pension contribution of $509,700 for 2014. 21 Required Supplementary Information Schedule of Pension Plan Funding Progress Year Ended December 31 Actuarial Year Valuation Ended Date 2008 1/1/08 2009 1/1/09 2010 1/1/10 2011 1/1/11 2012 1/1/12 2013 1/1/13 Actuarial Actuarial Value Accrued of Net Liability Assets (AAL) (a) (b) $ 3,881,341 3,527,489 4,099,112 4,231,215 4,240,705 4,191,914 $ 5,998,293 6,329,986 6,544,272 6,759,005 6,928,260 7,169,213 Unfunded (Overfunded) AAL (UAAL) (b -a) $ 2,116,952 2,802,497 2,445,160 2,527,790 2,687,555 2,977,299 Funded Ratio (a/b) 64.7% 55.7 62.6 62.6 61.2 58.5 Covered Payroll (c) $ 1,356,797 1,374,782 1,306,209 1,248,200 1,105,893 1,100,185 UAAL as a Percentage of Covered Payroll ((b-a)/c) 156.0% 203.9 187.2 202.5 243.0 270.6 The information presented in the required supplementary schedule was determined as part of the actuarial valuation as of January 1, 2013. Additional information follows: 1. The cost method used to determine the ARC is the Projected Unit Credit Cost method. 2. Economic assumptions are as follows: 8% investment rate of return (net of administrative expenses); projected salary increases of 3% per year; compounded annually; and retirement at age 62. 3. The amortization method is level dollar. 22 HOGAN• HANSEY A Professional Corporation Certified Public Accountants and Consultants Independent Auditor's Report on Internal Control Over Financial Reporting and on Compliance and Other Matters Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Board of Trustees Waterloo Water Works Waterloo, Iowa We have audited the accompanying financial statements of the Waterloo Water Works as of and for the year ended December 31, 2013, and have issued our report thereon dated March 11, 2014. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Internal Control Over Financial Reporting In planning and performing our audit of the financial statements, we considered the Waterloo Water Works' internal control over financial reporting (internal control) to determine the audit procedures that are appropriate in the circumstances for the purpose of expressing our opinion on the financial statements, but not for the purpose of expressing an opinion on the effectiveness of the Waterloo Water Works' internal control. Accordingly, we do not express an opinion on the effectiveness of the Utility's internal control. A deficiency in internal control exists when the design or operation of a control does not allow management or employees, in the normal course of performing their assigned functions, to prevent, or detect and correct, misstatements on a timely basis. A material weakness is a deficiency, or a combination of deficiencies, in internal control such that that there is a reasonable possibility that a material misstatement of the Utility's financial statements will not be prevented or detected and corrected on a timely basis. A significant deficiency is a deficiency, or a combination of deficiencies, in internal control that is less severe than a material weakness, yet important enough to merit attention by those charged with governance. Our consideration of internal control was for the limited purpose described in the first paragraph of this section and was not designed to identify all deficiencies in internal control that might be material weaknesses or significant deficiencies. Given these limitations, during our audit we did not identify any deficiencies in internal control that we consider to be material weaknesses. However, material weaknesses may exist that have not been identified. 3128 Brockway Road, P.O. Box 240, Waterloo, Iowa 50704-0240 • 319/233-5225 • Fax 319/233-3188 • E -Mail w@hoganhansen.com Member of American Institute of CPAs — Iowa Society of CPAs Algona • Belmond • Cedar Falls • Cedar Rapids • Clear Lake • Mason City • Waterloo 23 Board of Trustees Waterloo Water Works Page 2 Compliance and Other Matters As part of obtaining reasonable assurance about whether the Waterloo Water Works` financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grant agreements, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance or other matters that are required to be reported under Government Auditing Standards. The following comments involving statutory and other legal matters about the Utility's operations for the year ended December 31, 2013 are based exclusively on knowledge obtained from procedures performed during our audit of the financial statements of the Utility. Since our audit was based on tests and samples, not all transactions that might have had an impact on the comments were necessarily audited. The comments involving statutory and other legal matters are not intended to constitute legal interpretations of those statutes. 13 -CS -1 Budget - Operating cash disbursements during the year ended December 31, 2013 did not exceed the amounts budgeted. 13 -CS -2 Questionable Disbursements - We noted no disbursements that may not meet the requirements of public purpose as defined in an Attorney General's opinion dated April 25, 1979. 13 -CS -3 Travel Expense - No disbursements of the Utility's money for travel expenses of spouses of the Utility officials or employees was noted. 13 -CS -4 Business Transactions - No business transactions between the Utility's officials or employees and the Utility were noted. 13 -CS -5 Bond Coverage - Surety bond coverage of the Utility officials and employees is in accordance with statutory provisions and was reviewed and updated during the year. We recommend that the amount of coverage continue to be reviewed annually to insure that the coverage is adequate for current operations. 13 -CS -6 Board Minutes - No transactions were found that we believe should have been included in the minutes but were not. Minutes of Trustees proceedings were published within 15 days as required by Chapter 372.13(6) of the Code of Iowa. 13 -CS -7 Water Revenue Capital Loan Notes - No violations of water revenue capital loan note covenants were noted. 13 -CS -8 Deposits and Investments - We noted no instances of noncompliance with the deposit and investment provisions of Chapter 12B or 12C of the Code of Iowa. 24 Board of Trustees Waterloo Water Works Page 3 Purpose of This Report The purpose of this report is solely to describe the scope of our testing of internal control and compliance and the results of that testing, and not to provide an opinion on the effectiveness of the Water Water Works' internal control or on compliance. This report is an integral part of an audit performed in accordance with Government Auditing Standards in considering the entity's internal control and compliance. Accordingly, this communication is not suitable for any other purpose. 46411 Ala& HOGAN - HANSEN Waterloo, Iowa March 11, 2014 25 Mayor BUCK CLARK 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: May 5, 2014 Prepared: April 30, 2014 Dept. Head Signature: # of Attachments: COUNCIL SUBJECT: Extra Work Order No. 1 for the removal of the alleyway between 300 W. MEMBERS 3rd Street and 316-318 W. 3rd Street for an amount not to exceed $2,800.00, for demolition services in conjunction with FY 2014 Demolition Contract with Benton's DAVID Sand and Gravel for 300 W. 3rd Street. JONES Ward 1 Submitted by: Noel Anderson- Community Planning & Development Director CAROLYN Recommended City Council Action: Approval of the Extra Work Order No. 1 for the COLE Ward2 removal of the alleyway between 300 W. 3rd Street and 316-318 W. 3rd Street for an amount not to exceed $2,800.00, for demolition services in conjunction with FY 2014 HAROLD Demolition Contract with Benton's Sand and Gravel for 300 W. 3rd Street. GETTY Ward 3 Summary Statement: The alleyway is needed for the landscaping of the Sports QUENTIN Plex parking lot at the east end of the building between 300 W. 3' Street (Former HART Operation Threshold building) and 316-318 W. 3' Street. Staff is adding this Ward 4 additional work to the existing demolition contract as the details for the RON landscaping where not available at the time of bidding for the demolition contract. WELPER Ward 5 Expenditure Required: The original contract amount was for $56,750.00. The additional total cost is $2,800.00. BOB GREENWOOD Source of Funds: The asbestos abatement activities of this site will be undertaken by the At -Large City of Waterloo using G.O. funds, for nuisance abatement. STEVE SCHMI'TT Policy Issue: Nuisance abatement At -Large Alternative: N/A Background Information: 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 Note'. Base map data source a Bleck Hawk County. This map does not represent a survey, no lability assumedis for the accuracy of the data delineated herein, eitheexpressed or implied by Black Hawk County, the Black Hawk County Assessor, or Meir 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. touted at the Black Hawk County Assessor's Office for complete and accurate information. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PATRICK MORRISSEY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY DEVELOPMENT 620 Mulberry Street, Carnegie Annex • Waterloo, IA 50703 • (319) 291-4429 Fax (319) 291-4431 CITY OF WATERLOO COMMITTEE COMMUNICATION BUILDINGS AND GROUNDS & FINANCE COMMITTEES Meeting Date: May 5, 2014 Prepared: April 28, 2014 Dept. Head Signature: Rudy D. J. es, Coi imunity Development Director SUBJECT: Asbestos Removal 142-AR-NSP3-02-10-14 Submitted by: Rudy D. Jones, Community Development Director Recommended City Council Action: Authorize app wo (2) structures - Order 1005 have Asbestos Containing Material (ACM) removed from tLAFAYETTE STREET and 533 COTTAGE STREET. Add to a contract currently open. Summary Statement: Both of these structures are on the funding dead line and had to be under demolition March. This will allow for a new single-family housing lots at 1003/1005 Lafayette Street. Expenditure Required: Not to exceed the total price of $7,020.00. Source of Funds: NSP Funds. Policy Issue: Housing and elimination of slum and blight. Alternative: None. Background Information: This will continue efforts to clean up deteriorated structures and provide new affordable housing. an open demolition list due to contract prior to the end of unit to be built on the existing NSP FORMS & DOCUMENTS\Council Communication NSP ASBESTOS REMOVAL 1009 LAFAYETTE - 533 COTTAGE.docx Cc: Noel Anderson, CPD Director EQUAL HOUSING OPPORTUNITY CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Sheet1 Change Order # 1 Change Order Date: May 5, 2014 Owner City of Waterloo Contractor ADVANCED ENVIRONMENTAL Address 620 Mulberry Street Case Number 142-AR-NSP3-02-10-14 Address 803 RICKER STREET WATERLOO, IA 50703 Proceed Date May 6, 2014 The Following change(s) is (are) authorized in the above identified contract: ADD Remove ACM from House & Garage at - 1005 Lafayette Street House at 533 Cottage Street Add Delete $ 2,140.00 $ 4,880.00 THIS BID WAS REVIEWED AND FOUND TO BE COST REASONABLE BY THE UNDERSIGNED REHABILITATION SPECIALIST/DESIGNEE. THE PROPOSED METHOD OF CONSTRUCTION TO CORRECT THE DEFICIENCIES AND THE MATERIALS TO BE USED ARE SATISFACTORY AND IN COMPLIANCE WITH THE CITY'S PROGRAM GUIDELINES. Original Contract Amount: Change Order #1 Increase: New Total: $ 8,950.00 $ 7,020.00 $ 7,020.00 $ 15,970.00 Net Change: $ 7,020.00 Contractor Date Mayor Buck Clark Date Community Development Director Date City Clerk or Designee Date Page 1 CITY OF WATERLOO) IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 507Q3 • (319) 291-4303 Fax (319) 291-4569 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Equipment Operator II for the City of Waterloo, Iowa Street Department. Appointment(s) shall be made from this list for the next year (April 25, 2014 — April 24, 2015). Respectfully submitted, CERTIN'1ED LIST Mark Bagenstos Scott Knudtson Barry Haskins Date Bonetta Culp CS LIST EQUIPEMNT OPERATOR II 14 ///v; j /A( Jjihn Blitsch Dae Date CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer April 25, 2014 CITY OF WATERLOO, IOWA HUMAN RESOURCES DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4303 Fax (319) 291-4569 TO: Honorable Mayor & City Council We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for appointment to the position of Graphic Designer/Digital Arts Manager for the City of Waterloo, Iowa Center for the Arts. Appointment(s) shall be made from this list for the next year (April 25, 2014 — April 24, 2015). Respectfully submitted, Barry Haskins Date CERTIFIED LIST Ben Rendall Ryan Thompson James Thilges Dana Potratz Jacquie Colvin Joseph Buehner /6&_,IL Bonetta Culp Date fJohn Blitsch CS LIST GRAPHIC DESIGNER -DIGITAL ARTS MANAGER 14 CITY WEBSITE: www.cityofwaterlooiowa.com Date WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Waterloo Cultural and Arts Commission Board Meeting Rotary Room March 19, 2014 4:00 pm In Attendance: David Deeds, Chaveevah Banks Ferguson, Tom Wickersham, Marisa VanDorn, Dianne Phelps, Terry Rice, Robert Bembridge, Pat Morrissey, Ron Welper Staff: Kent Shankle, Paulette Hawkenson, Angi Reid, JoLyn Lennox President, David Deeds called the Commission Board meeting to order at 4:02 pm. A motion to approve the February 19th minutes was entered by Dianne Phelps and seconded by Terry Rice. Finance Report/ Hawkenson • The revenues through March 17th are good. • Expenses for the same time period are well within budget. A motion to accept the financial report was entered by Tom Wickersham and seconded by Dianne Phelps. The motion was accepted. President's Report -Executive Committee/ Deeds • The ArtHouse Cafe opened on March 3rd • Angi Reid, the new Education Coordinator was introduced to the Commission • The new Committee assignment list was handed out Gift Store/Visitor Services • the FunSpace has reached its 1 year mark • Gift Store sales for February 2014 were $ 324.00, sales for March 1— March 18 were $392.00 • PYP visitors from Feb 1— Mar 18 were 3,114 (this total includes 3 tours with a total of 186 attending, 3 birthday parties with 41 and two Spring Break days of 651 and 826) • FunSpace attendance from Feb 1— March 18 was 271 • 5 memberships were sold in Feb and 3 memberships so far in March, memberships were offered at a $20 discount during Spring Break Week Friends of the Art Center • Downtown Abbey will be offered in May at the Arthouse Cafe. New owners Eliz and Jim Guyer will host the event. In the near future they will also be offering both wine and beer. Director's Report / Shankle • Tom Klenske, WCA's new Preparator/Technician has begun working • Next week interviews will begin for the Graphic Designer/Webmaster position • Kim Behm's reception and gallery talk will be on Thursday, March 27, 2014 at 6:30 pm • WCA has acquired another Grant Woods print, for a total of 14 prints • On April 24 there will be a lecture by Joseph Cassis • Dialog Human, drawings by Priscilla Steele and Thomas Jackson will be the next exhibit in the Forsberg Galleries. Exhibit will be on view from April 12 through June 29 with a reception and gallery talk to be held on Thursday, May 15 at 6:30 pm • Culture Fest will be on April 3 from 5:30 — 7:30 pm • May 1 will be a Biscuits and Gravy Kind of Evening, a musical performance featuring Celeste Bernbry • Fiesta de Mayo will be on May 3rd from 1:00 pm — 9:00 pm at the RiverLoop Expo Plaza with music, food and kids' activities • RiverLoop Rhythms will hold 7 concert events this summer at the Amphitheatre. The first one begins on June 6 @ 5:30 pm — 9:30 pm with the Everett Smithson Band • The RiverLoop Arts Festival and Chalk the Block will be held in conjunction with the new Iowa Sweet Corn Festival on August 9 at the RiverLoop Expo Plaza. NEXT MEETING will be held on April 16, 2014 at 4:00 pm The meeting was adjourned at 4:44 pm. Respectfully submitted, JoLyn Lennox, Secretary MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday March 25, 2014 I. ROLL CALL Chairperson, Bob Justis, declared that there was not a quorum and no meeting would be held. Board members present were: Bob Justis and Hugh Field. Also in attendance were: Joe Reilly, Delta Global Services; Doug Schindel, AECOM; Councilmen Tom Lind; Larry Ticknor, Airport Maintenance; Sheila Combs, Airport Administration and Mike Wilson, Airport Director. Absent: Aaron Buzza, Chris Harshbarger, Dee Vandeventer, Christa Miehe, Lou Porter and Councilman Steve Schmitt. II. AGENDA AS RECEIVED OR AMENDED. N/A. III. PUBLIC COMMENTS. None. IV. REPORTS. A. While waiting to see if enough Board members would arrive for a quorum, Wilson reviewed the monthly Director reports starting with a new spreadsheet he had created showing YOY enplanements, load factors and on-time performance by the airline. Wilson also had a handout detailing June 2013 American Eagle operations at ORD which showed ALO flights were the 12th worst out of 69 airports ranked. The conclusion of his research so far is that ORD is the cause of the majority of ALO delays. Wilson has been in contact with American reps, who said they will set up a meeting here as soon as possible. Justis requested that a special Board meeting be called for this so that Board members can participate. Reilly stated that ALO departures for May 8th — June 10th have been changed to 7 a.m. and 3:55 p.m., which should allow passengers time to catch connecting flights out of ORD even if the 3:55 is delayed. Reilly has requested that AA keep these flight times through Labor Day. Wilson stated that the first planning session of the Air Show Committee is set for April 8th; the next planning meeting for the Triennial Disaster Drill is April 2nd , with the exercise tentatively set for July 16th. The National Guard has stated that they would like to be involved in both of these events. Wilson has been working on updating certification training and manuals. He will be meeting with TSA to work on updating the Airport Security Plan. Justis asked about FIS status? Wilson and Schindel answered that this was pushed back in the CIP due to the lack of a commitment from Allegiant that they would fly in/out of ALO if we offered FIS. Wilson discussed the Air Service Agreement with Trillion Aviation and future contracts; Wilson stated that we probably will use them for lease negotiations. Justis asked about parking issues? Equipment has been working better since the temperatures have warmed up. Wilson discussed possibly purchasing extra equipment from CID as they will be selling ticket spitters and other parts that are comparable to our equipment, which would give us spare parts to make repairs. Wilson is also thinking about offering 2 -hour parking in front of the terminal and opening up the current short-term and long-term lots as one big lot at one price. V. BOARD APPROVAL N/A VI. OLD BUSINESS None. VII. NEW BUSINESS None. V. ADJOURNMENT Due to the lack of a quorum, no meeting was called to order so no adjournment was needed. Respectfully submitted, MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday March 25, 2014 I. ROLL CALL Chairperson, Bob Justis, declared that there was not a quorum and no meeting would be held. Board members present were: Bob Justis and Hugh Field. Also in attendance were: Joe Reilly, Delta Global Services; Doug Schindel, AECOM; Councilmen Tom Lind; Larry Ticknor, Airport Maintenance; Sheila Combs, Airport Administration and Mike Wilson, Airport Director. Absent: Aaron Buzza, Chris Harshbarger, Dee Vandeventer, Christa Miehe, Lou Porter and Councilman Steve Schmitt. II. AGENDA AS RECEIVED OR AMENDED. N/A. III. PUBLIC COMMENTS. None. IV. REPORTS. A. While waiting to see if enough Board members would arrive for a quorum, Wilson reviewed the monthly Director reports starting with a new spreadsheet he had created showing YOY enplanements, load factors and on-time performance by the airline. Wilson also had a handout detailing June 2013 American Eagle operations at ORD which showed ALO flights were the 12th worst out of 69 airports ranked. The conclusion of his research so far is that ORD is the cause of the majority of ALO delays. Wilson has been in contact with American reps, who said they will set up a meeting here as soon as possible. Justis requested that a special Board meeting be called for this so that Board members can participate. Reilly stated that ALO departures for May 8th — June 10th have been changed to 7 a.m. and 3:55 p.m., which should allow passengers time to catch connecting flights out of ORD even if the 3:55 is delayed. Reilly has requested that AA keep these flight times through Labor Day. Wilson stated that the first planning session of the Air Show Committee is set for April 8th; the next planning meeting for the Triennial Disaster Drill is April 2nd , with the exercise tentatively set for July 16th. The National Guard has stated that they would like to be involved in both of these events. Wilson has been working on updating certification training and manuals. He will be meeting with TSA to work on updating the Airport Security Plan. Justis asked about FIS status? Wilson and Schindel answered that this was pushed back in the CIP due to the lack of a commitment from Allegiant that they would fly in/out of ALO if we offered FIS. Wilson discussed the Air Service Agreement with Trillion Aviation and future contracts; Wilson stated that we probably will use them for lease negotiations. Justis asked about parking issues? Equipment has been working better since the temperatures have warmed up. Wilson discussed possibly purchasing extra equipment from CID as they will be selling ticket spitters and other parts that are comparable to our equipment, which would give us spare parts to make repairs. Wilson is also thinking about offering 2 -hour parking in front of the terminal and opening up the current short-term and long-term lots as one big lot at one price. V. BOARD APPROVAL N/A VI. OLD BUSINESS None. VII. NEW BUSINESS None. V. ADJOURNMENT Due to the lack of a quorum, no meeting was called to order so no adjournment was needed. Respectfully submitted, B y� Justis ` h. rperson MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday March 25, 2014 I. ROLL CALL Chairperson, Bob Justis, declared that there was not a quorum and no meeting would be held. Board members present were: Bob Justis and Hugh Field. Also in attendance were: Joe Reilly, Delta Global Services; Doug Schindel, AECOM; Councilmen Tom Lind; Larry Ticknor, Airport Maintenance; Sheila Combs, Airport Administration and Mike Wilson, Airport Director. Absent: Aaron Buzza, Chris Harshbarger, Dee Vandeventer, Christa Miehe, Lou Porter and Councilman Steve Schmitt. II. AGENDA AS RECEIVED OR AMENDED. N/A. III. PUBLIC COMMENTS. None. IV. REPORTS. A. While waiting to see if enough Board members would arrive for a quorum, Wilson reviewed the monthly Director reports starting with a new spreadsheet he had created showing YOY enplanements, load factors and on-time performance by the airline. Wilson also had a handout detailing June 2013 American Eagle operations at ORD which showed ALO flights were the 12th worst out of 69 airports ranked. The conclusion of his research so far is that ORD is the cause of the majority of ALO delays. Wilson has been in contact with American reps, who said they will set up a meeting here as soon as possible. Justis requested that a special Board meeting be called for this so that Board members can participate. Reilly stated that ALO departures for May 8th — June 10th have been changed to 7 a.m. and 3:55 p.m., which should allow passengers time to catch connecting flights out of ORD even if the 3:55 is delayed. Reilly has requested that AA keep these flight times through Labor Day. Wilson stated that the first planning session of the Air Show Committee is set for April 8th; the next planning meeting for the Triennial Disaster Drill is April 2nd , with the exercise tentatively set for July 16th. The National Guard has stated that they would like to be involved in both of these events. Wilson has been working on updating certification training and manuals. He will be meeting with TSA to work on updating the Airport Security Plan. Justis asked about FIS status? Wilson and Schindel answered that this was pushed back in the CIP due to the lack of a commitment from Allegiant that they would fly in/out of ALO if we offered FIS. Wilson discussed the Air Service Agreement with Trillion Aviation and future contracts; Wilson stated that we probably will use them for lease negotiations. Justis asked about parking issues? Equipment has been working better since the temperatures have warmed up. Wilson discussed possibly purchasing extra equipment from CID as they will be selling ticket spitters and other parts that are comparable to our equipment, which would give us spare parts to make repairs. Wilson is also thinking about offering 2 -hour parking in front of the terminal and opening up the current short-term and long-term lots as one big lot at one price. V. BOARD APPROVAL N/A VI. OLD BUSINESS None. VII. NEW BUSINESS None. V. ADJOURNMENT Due to the lack of a quorum, no meeting was called to order so no adjournment was needed. Respectfully submitted, MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday March 25, 2014 I. ROLL CALL Chairperson, Bob Justis, declared that there was not a quorum and no meeting would be held. Board members present were: Bob Justis and Hugh Field. Also in attendance were: Joe Reilly, Delta Global Services; Doug Schindel, AECOM; Councilmen Tom Lind; Larry Ticknor, Airport Maintenance; Sheila Combs, Airport Administration and Mike Wilson, Airport Director. Absent: Aaron Buzza, Chris Harshbarger, Dee Vandeventer, Christa Miehe, Lou Porter and Councilman Steve Schmitt. II. AGENDA AS RECEIVED OR AMENDED. N/A. III. PUBLIC COMMENTS. None. IV. REPORTS. A. While waiting to see if enough Board members would arrive for a quorum, Wilson reviewed the monthly Director reports starting with a new spreadsheet he had created showing YOY enplanements, load factors and on-time performance by the airline. Wilson also had a handout detailing June 2013 American Eagle operations at ORD which showed ALO flights were the 12th worst out of 69 airports ranked. The conclusion of his research so far is that ORD is the cause of the majority of ALO delays. Wilson has been in contact with American reps, who said they will set up a meeting here as soon as possible. Justis requested that a special Board meeting be called for this so that Board members can participate. Reilly stated that ALO departures for May 8th — June 10th have been changed to 7 a.m. and 3:55 p.m., which should allow passengers time to catch connecting flights out of ORD even if the 3:55 is delayed. Reilly has requested that AA keep these flight times through Labor Day. Wilson stated that the first planning session of the Air Show Committee is set for April 8th; the next planning meeting for the Triennial Disaster Drill is April 2nd , with the exercise tentatively set for July 16th. The National Guard has stated that they would like to be involved in both of these events. Wilson has been working on updating certification training and manuals. He will be meeting with TSA to work on updating the Airport Security Plan. Justis asked about FIS status? Wilson and Schindel answered that this was pushed back in the CIP due to the lack of a commitment from Allegiant that they would fly in/out of ALO if we offered FIS. Wilson discussed the Air Service Agreement with Trillion Aviation and future contracts; Wilson stated that we probably will use them for lease negotiations. Justis asked about parking issues? Equipment has been working better since the temperatures have warmed up. Wilson discussed possibly purchasing extra equipment from CID as they will be selling ticket spitters and other parts that are comparable to our equipment, which would give us spare parts to make repairs. Wilson is also thinking about offering 2 -hour parking in front of the terminal and opening up the current short-term and long-term lots as one big lot at one price. V. BOARD APPROVAL N/A VI. OLD BUSINESS None. VII. NEW BUSINESS None. V. ADJOURNMENT Due to the lack of a quorum, no meeting was called to order so no adjournment was needed. Respectfully submitted, MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday March 25, 2014 I. ROLL CALL Chairperson, Bob Justis, declared that there was not a quorum and no meeting would be held. Board members present were: Bob Justis and Hugh Field. Also in attendance were: Joe Reilly, Delta Global Services; Doug Schindel, AECOM; Councilmen Tom Lind; Larry Ticknor, Airport Maintenance; Sheila Combs, Airport Administration and Mike Wilson, Airport Director. Absent: Aaron Buzza, Chris Harshbarger, Dee Vandeventer, Christa Miehe, Lou Porter and Councilman Steve Schmitt. II. AGENDA AS RECEIVED OR AMENDED. N/A. III. PUBLIC COMMENTS. None. IV. REPORTS. A. While waiting to see if enough Board members would arrive for a quorum, Wilson reviewed the monthly Director reports starting with a new spreadsheet he had created showing YOY enplanements, load factors and on-time performance by the airline. Wilson also had a handout detailing June 2013 American Eagle operations at ORD which showed ALO flights were the 12th worst out of 69 airports ranked. The conclusion of his research so far is that ORD is the cause of the majority of ALO delays. Wilson has been in contact with American reps, who said they will set up a meeting here as soon as possible. Justis requested that a special Board meeting be called for this so that Board members can participate. Reilly stated that ALO departures for May 8th — June 10th have been changed to 7 a.m. and 3:55 p.m., which should allow passengers time to catch connecting flights out of ORD even if the 3:55 is delayed. Reilly has requested that AA keep these flight times through Labor Day. Wilson stated that the first planning session of the Air Show Committee is set for April 8th; the next planning meeting for the Triennial Disaster Drill is April 2nd , with the exercise tentatively set for July 16th. The National Guard has stated that they would like to be involved in both of these events. Wilson has been working on updating certification training and manuals. He will be meeting with TSA to work on updating the Airport Security Plan. Justis asked about FIS status? Wilson and Schindel answered that this was pushed back in the CIP due to the lack of a commitment from Allegiant that they would fly in/out of ALO if we offered FIS. Wilson discussed the Air Service Agreement with Trillion Aviation and future contracts; Wilson stated that we probably will use them for lease negotiations. Justis asked about parking issues? Equipment has been working better since the temperatures have warmed up. Wilson discussed possibly purchasing extra equipment from CID as they will be selling ticket spitters and other parts that are comparable to our equipment, which would give us spare parts to make repairs. Wilson is also thinking about offering 2 -hour parking in front of the terminal and opening up the current short-term and long-term lots as one big lot at one price. V. BOARD APPROVAL N/A VI. OLD BUSINESS None. VII. NEW BUSINESS None. V. ADJOURNMENT Due to the lack of a quorum, no meeting was called to order so no adjournment was needed. Respectfully submitted, B y� Justis h rperson MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday March 25, 2014 I. ROLL CALL Chairperson, Bob Justis, declared that there was not a quorum and no meeting would be held. Board members present were: Bob Justis and Hugh Field. Also in attendance were: Joe Reilly, Delta Global Services; Doug Schindel, AECOM; Councilmen Tom Lind; Larry Ticknor, Airport Maintenance; Sheila Combs, Airport Administration and Mike Wilson, Airport Director. Absent: Aaron Buzza, Chris Harshbarger, Dee Vandeventer, Christa Miehe, Lou Porter and Councilman Steve Schmitt. II. AGENDA AS RECEIVED OR AMENDED. N/A. III. PUBLIC COMMENTS. None. IV. REPORTS. A. While waiting to see if enough Board members would arrive for a quorum, Wilson reviewed the monthly Director reports starting with a new spreadsheet he had created showing YOY enplanements, load factors and on-time performance by the airline. Wilson also had a handout detailing June 2013 American Eagle operations at ORD which showed ALO flights were the 12th worst out of 69 airports ranked. The conclusion of his research so far is that ORD is the cause of the majority of ALO delays. Wilson has been in contact with American reps, who said they will set up a meeting here as soon as possible. Justis requested that a special Board meeting be called for this so that Board members can participate. Reilly stated that ALO departures for May 8th — June 10th have been changed to 7 a.m. and 3:55 p.m., which should allow passengers time to catch connecting flights out of ORD even if the 3:55 is delayed. Reilly has requested that AA keep these flight times through Labor Day. Wilson stated that the first planning session of the Air Show Committee is set for April 8th; the next planning meeting for the Triennial Disaster Drill is April 2nd , with the exercise tentatively set for July 16th. The National Guard has stated that they would like to be involved in both of these events. Wilson has been working on updating certification training and manuals. He will be meeting with TSA to work on updating the Airport Security Plan. Justis asked about FIS status? Wilson and Schindel answered that this was pushed back in the CIP due to the lack of a commitment from Allegiant that they would fly in/out of ALO if we offered FIS. Wilson discussed the Air Service Agreement with Trillion Aviation and future contracts; Wilson stated that we probably will use them for lease negotiations. Justis asked about parking issues? Equipment has been working better since the temperatures have warmed up. Wilson discussed possibly purchasing extra equipment from CID as they will be selling ticket spitters and other parts that are comparable to our equipment, which would give us spare parts to make repairs. Wilson is also thinking about offering 2 -hour parking in front of the terminal and opening up the current short-term and long-term lots as one big lot at one price. V. BOARD APPROVAL N/A VI. OLD BUSINESS None. VII. NEW BUSINESS None. V. ADJOURNMENT Due to the lack of a quorum, no meeting was called to order so no adjournment was needed. Respectfully submitted, MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday March 25, 2014 I. ROLL CALL Chairperson, Bob Justis, declared that there was not a quorum and no meeting would be held. Board members present were: Bob Justis and Hugh Field. Also in attendance were: Joe Reilly, Delta Global Services; Doug Schindel, AECOM; Councilmen Tom Lind; Larry Ticknor, Airport Maintenance; Sheila Combs, Airport Administration and Mike Wilson, Airport Director. Absent: Aaron Buzza, Chris Harshbarger, Dee Vandeventer, Christa Miehe, Lou Porter and Councilman Steve Schmitt. II. AGENDA AS RECEIVED OR AMENDED. N/A. III. PUBLIC COMMENTS. None. IV. REPORTS. A. While waiting to see if enough Board members would arrive for a quorum, Wilson reviewed the monthly Director reports starting with a new spreadsheet he had created showing YOY enplanements, load factors and on-time performance by the airline. Wilson also had a handout deailing June 2013 American Eagle operations at ORD which showed ALO flights were the 12thworst out of 69 airports ranked. The conclusion of his research so far is that ORD is the cause of the majority of ALO delays. Wilson has been in contact with American reps, who said they will set up a meeting here as soon as possible. Justis requested that a special Board meeting be called for this so that Board members can participate. Reilly stated that ALO departures for May 8th June 10th have been changed to 7 a.m. and 3:55 p.m., which should allow passengers time to catch connecting flights out of ORD even if the 3:55 is delayed. Reilly has requested that AA keep these flight times through Labor Day. Wilson stated that the first planning session of the Air Show Committee is set for April 8th; the next planning meeting for the Triennial Disaster Drill is April 2nd , with the exercise tentatively set for July 16th. The National Guard has stated that they would like to be involved in both of these events. Wilson has been working on updating certification training and manuals. He will be meeting with TSA to work on updating the Airport Security Plan. Justis asked about FIS status? Wilson and Schindel answered that this was pushed back in the CIP due to the lack of a commitment from Allegiant that they would fly in/out of ALO if we offered FIS. Wilson discussed the Air Service Agreement with Trillion Aviation and future contracts; Wilson stated that we probably will use them for lease negotiations. Justis asked about parking issues? Equipment has been working better since the temperatures have warmed up. Wilson discussed possibly purchasing extra equipment from CID as they will be selling ticket spitters and other parts that are comparable to our equipment, which would give us spare parts to make repairs. Wilson is also thinking about offering 2 -hour parking in front of the terminal and opening up the current short-term and long-term lots as one big lot at one price. V. BOARD APPROVAL N/A VI. OLD BUSINESS None. VII. NEW BUSINESS None. V. ADJOURNMENT Due to the lack of a quorum, no meeting was called to order so no adjournment was needed. Respectfully submitted, MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday March 25, 2014 I. ROLL CALL Chairperson, Bob Justis, declared that there was not a quorum and no meeting would be held. Board members present were: Bob Justis and Hugh Field. Also in attendance were: Joe Reilly, Delta Global Services; Doug Schindel, AECOM; Councilmen Tom Lind; Larry Ticknor, Airport Maintenance; Sheila Combs, Airport Administration and Mike Wilson, Airport Director. Absent: Aaron Buzza, Chris Harshbarger, Dee Vandeventer, Christa Miehe, Lou Porter and Councilman Steve Schmitt. II. AGENDA AS RECEIVED OR AMENDED. N/A. III. PUBLIC COMMENTS. None. W. REPORTS. A. While waiting to see if enough Board members would arrive for a quorum, Wilson reviewed the monthly Director reports starting with a new spreadsheet he had created showing YOY enplanements, load factors and on-time performance by the airline. Wilson also had a handout detailing June 2013 American Eagle operations at ORD which showed ALO flights were the 12th worst out of 69 airports ranked. The conclusion of his research so far is that ORD is the cause of the majority of ALO delays. Wilson has been in contact with American reps, who said they will set up a meeting here as soon as possible. Justis requested that a special Board meeting be called for this so that Board members can participate. Reilly stated that ALO departures for May 8th — June 10th have been changed to 7 a.m. and 3:55 p.m., which should allow passengers time to catch connecting flights out of ORD even if the 3:55 is delayed. Reilly has requested that AA keep these flight times through Labor Day. Wilson stated that the first planning session of the Air Show Committee is set for April 8th; the next planning meeting for the Triennial Disaster Drill is April 2nd , with the exercise tentatively set for July 16th. The National Guard has stated that they would like to be involved in both of these events. Wilson has been working on updating certification training and manuals. He will be meeting with TSA to work on updating the Airport Security Plan. Justis asked about FIS status? Wilson and Schindel answered that this was pushed back in the CIP due to the lack of a commitment from Allegiant that they would fly in/out of ALO if we offered FIS. Wilson discussed the Air Service Agreement with Trillion Aviation and future contracts; Wilson stated that we probably will use them for lease negotiations. Justis asked about parking issues? Equipment has been working better since the temperatures have warmed up. Wilson discussed possibly purchasing extra equipment from CID as they will be selling ticket spitters and other parts that are comparable to our equipment, which would give us spare parts to make repairs. Wilson is also thinking about offering 2 -hour parking in front of the terminal and opening up the current short-term and long-term lots as one big lot at one price. V. BOARD APPROVAL N/A VI. OLD BUSINESS None. VII. NEW BUSINESS None. V. ADJOURNMENT Due to the lack of a quorum, no meeting was called to order so no adjournment was needed. Respectfully submitted, MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday March 25, 2014 I. ROLL CALL Chairperson, Bob Justis, declared that there was not a quorum and no meeting would be held. Board members present were: Bob Justis and Hugh Field. Also in attendance were: Joe Reilly, Delta Global Services; Doug Schindel, AECOM; Councilmen Tom Lind; Larry Ticknor, Airport Maintenance; Sheila Combs, Airport Administration and Mike Wilson, Airport Director. Absent: Aaron Buzza, Chris Harshbarger, Dee Vandeventer, Christa Miehe, Lou Porter and Councilman Steve Schmitt. II. AGENDA AS RECEIVED OR AMENDED. N/A. III. PUBLIC COMMENTS. None. IV. REPORTS. A. While waiting to see if enough Board members would arrive for a quorum, Wilson reviewed the monthly Director reports starting with a new spreadsheet he had created showing YOY enplanements, load factors and on-time performance by the airline. Wilson also had a handout detailing June 2013 American Eagle operations at ORD which showed ALO flights were the 12th worst out of 69 airports ranked. The conclusion of his research so far is that ORD is the cause of the majority of ALO delays. Wilson has been in contact with American reps, who said they will set up a meeting here as soon as possible. Justis requested that a special Board meeting be called for this so that Board members can participate. Reilly stated that ALO departures for May 8th — June 10th have been changed to 7 a.m. and 3:55 p.m., which should allow passengers time to catch connecting flights out of ORD even if the 3:55 is delayed. Reilly has requested that AA keep these flight times through Labor Day. Wilson stated that the first planning session of the Air Show Committee is set for April 8th; the next planning meeting for the Triennial Disaster Drill is April 2nd , with the exercise tentatively set for July 16th. The National Guard has stated that they would like to be involved in both of these events. Wilson has been working on updating certification training and manuals. He will be meeting with TSA to work on updating the Airport Security Plan. Justis asked about FIS status? Wilson and Schindel answered that this was pushed back in the CIP due to the lack of a commitment from Allegiant that they would fly in/out of ALO if we offered FIS. Wilson discussed the Air Service Agreement with Trillion Aviation and future contracts; Wilson stated that we probably will use them for lease negotiations. Justis asked about parking issues? Equipment has been working better since the temperatures have warmed up. Wilson discussed possibly purchasing extra equipment from CID as they will be selling ticket spitters and other parts that are comparable to our equipment, which would give us spare parts to make repairs. Wilson is also thinking about offering 2 -hour parking in front of the terminal and opening up the current short-term and long-term lots as one big lot at one price. V. BOARD APPROVAL N/A VI. OLD BUSINESS None. VII. NEW BUSINESS None. V. ADJOURNMENT Due to the lack of a quorum, no meeting was called to order so no adjournment was needed. Respectfully submitted, B y. Justis ' h. rperson MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday March 25, 2014 I. ROLL CALL Chairperson, Bob Justis, declared that there was not a quorum and no meeting would be held. Board members present were: Bob Justis and Hugh Field. Also in attendance were: Joe Reilly, Delta Global Services; Doug Schindel, AECOM; Councilmen Tom Lind; Larry Ticknor, Airport Maintenance; Sheila Combs, Airport Administration and Mike Wilson, Airport Director. Absent: Aaron Buzza, Chris Harshbarger, Dee Vandeventer, Christa Miehe, Lou Porter and Councilman Steve Schmitt. II. AGENDA AS RECEIVED OR AMENDED. N/A. III. PUBLIC COMMENTS. None. IV. REPORTS. A. While waiting to see if enough Board members would arrive for a quorum, Wilson reviewed the monthly Director reports starting with a new spreadsheet he had created showing YOY enplanements, load factors and on-time performance by the airline. Wilson also had a handout detailing June 2013 American Eagle operations at ORD which showed ALO flights were the 12th worst out of 69 airports ranked. The conclusion of his research so far is that ORD is the cause of the majority of ALO delays. Wilson has been in contact with American reps, who said they will set up a meeting here as soon as possible. Justis requested that a special Board meeting be called for this so that Board members can participate. Reilly stated that ALO departures for May 8th — June 10th have been changed to 7 a.m. and 3:55 p.m., which should allow passengers time to catch connecting flights out of ORD even if the 3:55 is delayed. Reilly has requested that AA keep these flight times through Labor Day. Wilson stated that the first planning session of the Air Show Committee is set for April 8th; the next planning meeting for the Triennial Disaster Drill is April 2nd , with the exercise tentatively set for July 16th. The National Guard has stated that they would like to be involved in both of these events. Wilson has been working on updating certification training and manuals. He will be meeting with TSA to work on updating the Airport Security Plan. Justis asked about FIS status? Wilson and Schindel answered that this was pushed back in the CIP due to the lack of a commitment from Allegiant that they would fly in/out of ALO if we offered FIS. Wilson discussed the Air Service Agreement with Trillion Aviation and future contracts; Wilson stated that we probably will use them for lease negotiations. Justis asked about parking issues? Equipment has been working better since the temperatures have warmed up. Wilson discussed possibly purchasing extra equipment from CID as they will be selling ticket spitters and other parts that are comparable to our equipment, which would give us spare parts to make repairs. Wilson is also thinking about offering 2 -hour parking in front of the terminal and opening up the current short-term and long-term lots as one big lot at one price. V. BOARD APPROVAL N/A VI. OLD BUSINESS None. VII. NEW BUSINESS None. V. ADJOURNMENT Due to the lack of a quorum, no meeting was called to order so no adjournment was needed. Respectfully submitted, MINUTES WATERLOO REGIONAL AIRPORT BOARD Tuesday March 25, 2014 I. ROLL CALL Chairperson, Bob Justis, declared that there was not a quorum and no meeting would be held. Board members present were: Bob Justis and Hugh Field. Also in attendance were: Joe Reilly, Delta Global Services; Doug Schindel, AECOM; Councilmen Tom Lind; Larry Ticknor, Airport Maintenance; Sheila Combs, Airport Administration and Mike Wilson, Airport Director. Absent: Aaron Buzza, Chris Harshbarger, Dee Vandeventer, Christa Miehe, Lou Porter and Councilman Steve Schmitt. II. AGENDA AS RECEIVED OR AMENDED. N/A. III. PUBLIC COMMENTS. None. IV. REPORTS. A. While waiting to see if enough Board members would arrive for a quorum, Wilson reviewed the monthly Director reports starting with a new spreadsheet he had created showing YOY enplanements, load factors and on-time performance by the airline. Wilson also had a handout detailing June 2013 American Eagle operations at ORD which showed ALO flights were the 12th worst out of 69 airports ranked. The conclusion of his research so far is that ORD is the cause of the majority of ALO delays. Wilson has been in contact with American reps, who said they will set up a meeting here as soon as possible. Justis requested that a special Board meeting be called for this so that Board members can participate. Reilly stated that ALO departures for May 8th — June 10th have been changed to 7 a.m. and 3:55 p.m., which should allow passengers time to catch connecting flights out of ORD even if the 3:55 is delayed. Reilly has requested that AA keep these flight times through Labor Day. Wilson stated that the first planning session of the Air Show Committee is set for April 8th; the next planning meeting for the Triennial Disaster Drill is April 2nd , with the exercise tentatively set for July 16th. The National Guard has stated that they would like to be involved in both of these events. Wilson has been working on updating certification training and manuals. He will be meeting with TSA to work on updating the Airport Security Plan. Justis asked about FIS status? Wilson and Schindel answered that this was pushed back in the CIP due to the lack of a commitment from Allegiant that they would fly in/out of ALO if we offered FIS. Wilson discussed the Air Service Agreement with Trillion Aviation and future contracts; Wilson stated that we probably will use them for lease negotiations. Justis asked about parking issues? Equipment has been working better since the temperatures have warmed up. Wilson discussed possibly purchasing extra equipment from CID as they will be selling ticket spitters and other parts that are comparable to our equipment, which would give us spare parts to make repairs. Wilson is also thinking about offering 2 -hour parking in front of the terminal and opening up the current short-term and long-term lots as one big lot at one price. V. BOARD APPROVAL N/A VI. OLD BUSINESS None. VII. NEW BUSINESS None. V. ADJOURNMENT Due to the lack of a quorum, no meeting was called to order so no adjournment was needed. Respectfully submitted, 278 At the regular meeting of the Board of Waterloo Water Works Trustees, held Wednesday, April 23, 2014, there were present Terry M. Kuntz, Chairman; Mary H. Potter, Vice Chair; and Scott \Nienands, Trustee. Also in attendance: Ron VVelper, Waterloo City Council Member; Rick Wilberding, Distribution Department Manager; and Dennis Clark, General Manager and Secretary. Terry Kuntz called the meeting to order at 8:00 a.m. The Board approved to adopt the agenda. Chairman Terry Kuntz welcomed Scott Wienands to the Board as a new member to replace Mr. Burris. Mr. \Nienands signed the Oath of Office. Upon motion, unanimously adopted, the Board proceeded to the election of officers. It was moved by Potter, seconded by Wienands, that Terry Kuntz be elected Chairman of the Waterloo Water Works Board of Trustees. Motion carried. It was moved by Wienands, seconded by Kuntz, that Mary Potter be elected Vices Chair of the Waterloo VVater Works Board of Trustees. Motion carried. The minutes of the regular meeting of March 19, 2014, were approved as read. Upon motion, unanimously passed, the following Bills Resolution was adopted. BE IT RESOLVED BY THE BOARD OF WATER WORKS TRUSTEES OF THE CITY OF WATERLOO, IOWA: That the bills listed below for which warrants against the funds designated, have been issued in payment, are found to be correct, and the acts of the Secretary in issuing and delivering said warrants are hereby ratified and approved. 50586 Cedar Valley Sportsplex 50587 Cedar Valley United \Nay 50588 ING Life Insurance 50589 Lincoln Financial Group 50590 Public Employees Credit Union MARCH 31, 2014 GENERAL FUND Authorized payroll deduction for Sportsplex Authorized payroll deduction for United Way Authorized payroll deduction for deferred compensation Authorized payroll deduction for deferred compensation Authorized payroll deduction for credit union 50591 Charles Schwab Institutional Authorized payroll deduction for employee pension contribution EFT Treasurer, State of Iowa State withholding tax EFT US Department of Treasurer Federal withholding tax EFT State of Iowa Treasurer Sales tax 50592 Advanced Systems, Inc. 50593 Airgas USA, LLC 50594 Black Hawk Plumbing Maintenance contract for copying machine Ice melt Repaired water service line at 522 Beech 321.70 116.50 3,563.00 40.00 4,547.50 2,396.40 7,199.00 21,881.66 17,656.55 278.99 275.40 4,785.00 50595 Black Hawk Waste Disposal \haste disposal 94.00 50596 Fawn Davis Reimbursement for expenses due to 287.36 improper shut down of water service at 950 Newton 50597 Dell Marketing, L.P. Two computer monitors and sound bars 520.46 50598 Fluid Conservation System Leak correlator system 30,050.00 50599 Ferguson Enterprises, Inc. Hose bids 62.80 50600 Iowa Public Employees IPERS for 15 employees 10,020.85 Retirement System 50601 IWI Motor Parts 50602 Kelly D. Panther 50603 Jeffrey Kayser 50604 St. Vincent DePaul 50605 Taneia Galloway 50606 Maria Zamora -Hernandez 50607 Reed Hilai 50608 Marquita Spates 50609 Hay La 50610 Gerardo Rivera 50611 Timothy Skahill 50612 Kristina Belden 50613 Jared Epley 50614 Hannah Rhomberg 50615 Larissa K. Osier 50616 Qynne & Ben Zizis 50617 Better Home Investors 50618 Thompson Rentals 50619 Jennifer Brubaker 50620 Taw Plo 50621 Alpha Anderson 50622 MidAmerican Energy Co. 50623 Municipal Supply, Inc. 50624 Northland Products Co. 50625 Matt Parrott/Storey Kenworthy 50626 Charles Schwab Institutional 50627 Secretary of State 50628 Snyder & Associates, Inc. 50629 Titan Machinery 50630 Van Wert, Inc. 50631 WBC Mechanical, Inc. 50632 Acco Unlimited Corp. 50633 Sam Annis & Co. 50634 Aramark Uniform Services 50635 BMC Aggregates, L.C. 50636 Campbell Supply 50637 The CBE Group, Inc. 50638 C & C Welding & Sandblasting, Inc. 50639 CDW Government, Inc. 50640 Cedar Industries, Inc. Air filters M. D. & U. D. refund 50641 Christone Construction, Inc. 50642 Ferguson Enterprises, Inc. 50643 Frickson Bros. Excavating 50644 Iowa Association of Municipal Utilities 50645 IWI Motor Parts 50646 Steve Kerns 50647 Kwik Trip, Inc. 50648 Travis Larson 50649 Ashlin Albrecht 50650 Amillo Castro 50651 Joseph Chapman 50652 Melissa Hansen 50653 Tom Lentzkow 50654 David Young It II It II IC II CI CI II {l II it II �{ II I II II II II If II l II Overpayment on final bill Overpayment on final bill M. D. & U. D. refund II II II II Gas, power and electric Drop in type pave box lids Oil Uniform embroidery 279 71.40 105.00 36.60 23.60 3.02 23.99 10.46 32.03 47.53 105.00 63.42 7.49 36.78 20.72 9.78 3.19 24.60 108.99 20.18 33.60 37.27 32,322.35 74.25 35.44 8.50 Employer contribution to employee 42,475.00 pension fund Notary renewal, M. Ratkovich 30.00 Design work for Highway 63 Downtown 2,390.00 Jefferson to Franklin Water Main Replacement Project Outrigger pads for unit #21 Meter reading service Repairs and parts to garage boiler Chlorine and HFS Propane Towel service Fill sand and roadstone Electric cord and reel for unit #18 Collection fee Material for cutting edge on small garden tractor USB adapter for computer monitor Drilled and tapped fire hydrant caps for dead-end hydrants Ground warmer rental for thawing frozen water main on Gable Street Hose bibs Assisted with repair of main break at E. Ridgeway and Baltimore Annual dues Batteries for hydraulic unit and wiper blades for unit #18 Reimbursement for cell phone Fuel for vehicles Reimbursement for cell phone Overpayment on final bill Overpayment on final bill Overpayment on final bill Overpayment on account Overpayment on final bill M. D. & U. D. refund 403.24 5,180.00 3,376.06 11, 848.43 20.00 202.74 394.44 371.44 105.43 37.92 64.15 360.00 2,719.82 62.80 2,525.00 1,359.19 57.55 50.00 4,551.12 50.00 116.64 56.22 66.32 273.89 174.03 33.60 280 50655 Matthew J. Barker 50656 Tracy D. Thompson 50657 Tiffie N. Greer 50658 Lemuel C. Johnson 50659 Michael C. Morehead 50660 Hassan Awan 50661 Dan Penning 50662 Eileen J. Cole 50663 Cody J. Berry 50664 Divya Narayanaswamy 50665 Jessica Jenkins 50666 Andrew J. Mitchell 50667 Kelly Clements 50668 Melvin Mc Clarity 50669 Menards 50670 Stephanie Moore 50671 Motor Winding, Inc. 50672 Outdoor & More 50673 Radio Communications 50674 R Company, Inc. 50675 Storey Kenworthy 50676 Swisher & Cohrt, P.L.C. 50677 Tokay Software 50678 Utility Equipment Co. 50679 Courier Communications 50680 Rick Wilberding 50681 Wilson Restaurant Supply 50682 Witham Auto Center 50683 Waterloo Water Works 50684 ING Life Insurance 50685 Lincoln Financial Group 50686 Public Employees Credit Union M. D. & U. D. refund {f ({ CI ({ it It {I it {! if Reimbursement for electric use for thawing water main at 600 block of Gable Restroom and kitchen supplies, small fittings, hose adapters, torch trigger, propane and lighters Jury duty Installed supply switches' to small tapping machine Fuel pumps for power units and repaired stand-by power unit Monthly access fee and pager rental Repaired water main breaks at 400 block S. Hackett, 300 block W. 10th and assisted with frozen service line at 630 Gable Small office supplies, printer cartridge, calculator rolls, restroom hand towels and desk tray Legal services Backflow Prevention Management Software annual support Fittings Legal ad Reimbursement for cell phone Thermometers to check water temperature at dead-end water mains Diagnosed and replaced spark plugs on unit #12 Reimbursed petty cash for postage and transfer of customers' funds Authorized payroll deduction for deferred compensation Authorized payroll deduction for deferred compensation Authorized payroll deduction for credit union 50687 Charles Schwab Institutional Authorized payroll deduction for employee pension contribution 50688 Teamsters Local Union Authorized payroll deduction for #238 union dues EFT US Department of Treasurer Federal withholding tax EFT State of Iowa Treasurer Sales tax Janitorial services Data processing for February 50689 ABM Janitorial 50690 Black Hawk County Treasurer, MIS 50691 Campbell Supply 50692 Christone Construction, Inc. 50693 City of Waterloo 50694 City of Raymond 50695 City of Waterloo Wrench Ground warmer rental for thawing frozen water main on Kothe Avenue Semiannual phone charges Sewer, garbage and yard waste fees Sewer, garbage and storm water 9.22 33.60 33.60 32.70 65.36 67.49 11.77 5.28 6.78 24.60 10.22 6.78 75.00 50,00 443.28 5.60 42.50 232.71 154.00 4,800.00 332.40 92.50 590.00 1,443.02 87.89 50.00 219.35 717.18 65.15 3,563.00 40.00 4,547.50 2,395.30 1,041.00 20,642.32 16,000.00 1,041.50 6,495.54 54.99 4,955.83 722.40 19,636.11 853,424.56 50696 Crossroads Auto Repair 50697 EMA, Inc. 50698 Gierke -Robinson Co. 50699 Hogan & Hansen 50700 Instrument Control System 50701 Keystone Laboratories, Inc. 50702 George Roth 50703 Robson Homes, Inc. 50704 Vicki Smith 50705 St. Vincent DePaul 50706 Frances Harrington 50707 Rebecca & Andy Stubbe 50708 Erik Rasmussen 50709 C V S #08546-01 50710 Phillip Ide 50711 Beatrice Irakoze 50712 Adam Standley 50713 Ginger Williams 50714 McDonald Supply 50715 Menards 50716 Stephanie Moore 50717 Matt Parrott/Storey Kenworthy 50718 Postmaster 50719 Sensus Metering Systems 50720 Snyder & Associates, Inc. 50721 Star Equipment, Ltd. 50722 Storey Kenworthy 50723 TestAmerica Laboratories 50724 Wellmark Blue Cross Blue Shield 50725 Waterloo Water Works Reimbursed petty cash for postage 47.74 50726 All Star Plumbing & Heating Repaired water main break on Carriage 3,777.00 Hill and reimbursement for excavation at mismarked service line leak 50727 Black Hawk County Auditor Water and sewer bond fees 2,772.29 50728 Black Hawk Electrical Co. Electrical work at well #25 6,748.85 50729 Campbell Supply Ice melt 625.00 50730 Community Bank & Trust Bank charges for December and 801.00 January 50731 CenturyLink Service 50732 Dex Media East, Inc. Advertisement in phonebook 50733 Electronic Engineering Monthly vehicle tracking service 50734 Fifth Street Tire, Inc. New brakes, shocks and tire rotation on unit #18 50735 Hawkeye Alarm Signal Co. Video security equipment 50736 Iowa One Call One Call service 50737 IWI Motor Parts Filter for unit #21 and oil for large tapping machine Well #19 electrical improvements Temporary office clerical services Overpayment on final bill Overpayment on final bill Overpayment on final bill M. D. & U. D. refund Installed new brake line and serpentine belt on unit #1 Business consulting for CIS Traffic cones Payroll services Installed new telemetry viper radios at 17 sites Water sampling Overpayment on account Overpayment on final bill Reimbursed payment in error M. D. & U. D. refund M. D. refund M. D. & U. D. refund 11 11 Overpayment on final bill M. D. & U. D. refund and overpayment on final bill Plunger valves for garage sink Rubber hoses, hose connectors, flashlight and ant traps Reimbursement for coffee pot Uniform embroidery Postage Meters Design work for Highway 63 Downtown Jefferson to Franklin Water Main Replacement Project Traffic cones Safety tee shirts Water sampling Medical insurance 281 342.00 14,503.22 212.25 408.00 46,129.00 1,124.40 688.31 172.98 138.09 8.42 18.16 70.49 5.28 30.00 6.78 24.60 64.61 151.18 28.03 303.97 117.69 8.50 1,225.00 2,745.28 795.00 349.20 34.00 20.00 37,207.30 50738 K & W Electric 50739 Kelly Services, Inc. 50740 Ben & Qynne Zizis 50741 Heartland Rentals 50742 Nicole Galindo 50743 Jessica L. Nichols 50744 Kate Bellis 50745 Jessica Grosvenor 50746 Amber Corbin 11 11 1i I1 N 11 1 11 205.02 30.00 329.45 949.89 6,000.00 177.30 45.84 14,202.50 1,684.80 71.81 152.86 84.92 17.41 33.60 33.60 48.60 282 50747 Molly C. Stock 50748 Don Mikkelsen 50749 John Eveland 50750 Larry Nelson 50751 Keith Stradt, Jr. 50752 Menards 50753 Murphy Tractor & Equipment 50754 Napa Auto Parts 50755 Nilles Associates 50756 Postmaster 50757 Radio Communications 50758 Scot's Supply 50759 Sensus Metering Systems 50760 Storey Kenworthy 50761 Utility Equipment Co. 50762 Courier Communications Payroll M. D. & U. D. refund 58.32 6.78 Overpayment on final bill 19.32 Overpayment on final bill 95.22 Overpayment on final bill 3.56 Tape measurers and garden hoses 299.62 Tooth and pin for bucket and seat 282.20 armrests Air filters for unit #21 86.12 \Nell #19 engineering 5,767.50 Postage 4,000.00 New stand-by pager 74.00 Nuts and bolts 30.25 Meters 4,262.40 Small office supplies, printer cartridge, 411.01 copying machine paper and toner, colored paper, health supplies and calculator Fittings, hydrant adapters, curb stop 11,949.70 repair sleeves and material to repair drain tile Legal ads 67.08 92,072.55 $1,426,242.27 The General Manager presented the Monthly Financial Report as of March 31, 2014 as follows: March 1, 2014 Balance $5,184,080.77 Receipts 705,402.90 Disbursements .. 548,884.08 March 31, 2014 Balance $5,340,599.59 Debt Reserve Fund 330,000.00 Restricted Bond Fund 0.00 Bond Debt Sinking Fund 101,160.00 Repairs & Rehabilitation Fund 318,950.77 General Fund Balance 4,590,488.82 $5,340,599.59 It was moved, seconded and approved to receive and place on file the Monthly Financial Report as presented. The General Manager presented the Revenue and Expense Summary as of March 31, 2014 as follows: Operating Revenue Operating Expense Non -Operating Revenue Non -Operating Expense Capital Expense 2013 2014 $1,849,354.79 52,0'11,170.68 1,189,431.65 1,271,999.24 $ 659,923.14 $ 739,171.44 35,169.44 45,240.26 0.00 0.00 89,218.43 166,750.83 $ 605,874.15 S 617,660.87 It was moved, seconded and approved to receive and place on file the Revenue and Expense Summary. 283 The Iowa Public Official Bond for Trustee Terry Kuntz of the Waterloo Water Works Board of Trustees was presented to the Board of Trustees. The Bond is for a two-year period commencing June 12, 2016. It was moved by Potter, seconded by Wienands and approved to receive and place on file the Iowa Public Official Bond for Trustee Kuntz, with an executed copy to be forwarded to the Waterloo City Clerk. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for service line repair at 403 Bratnober Street. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $2,400.00, which is supported by invoice from R Company, d/b/a Frickson Backhoe & Trucking, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to make the repairs to the service line at 403 Bratnober Street, which is located on Lot No. Fourteen (14) in Block No. Eleven (11) in Ricker and Bratnober Land Company Addition to Waterloo, Iowa, Black Hawk County, and owned by John Gillman Dixon and Louise Dixon. WHEREAS, the property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owners, the owners voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Potter, seconded by Wienands, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Potter, Wienands. Nays: None. Absent: None. Resolution adopted. At the March 2014 Board meeting, it was approved to preliminarily authorize the City of Waterloo's award of the contract for the 2014 Street Reconstruction Program with the Division Il Water Main Replacement, and to authorize the General Manageo� the engite the neer's estime ate $101x429 00 (sct ubsequently rev, if ihe sed bids were 125 percent or less g revised to $103,929.00). The Board reviewed the bid tabulation for the project, with the Division II work listed on page 3. The low bid total for Division II, the Water Works portion of the project, is the sum of $102,729.90, or 1.2 percent below the revised estimated cost. The 2014 Capital and Extraordinary Item Budget includes $415,500 for water main replacement / connection projects, including remaining costs for the 2012 and 2013 projects. The anticipated remaining expenses for the 2012 and 2013 projects are the sums of $9,481.59 and $222,412.10, respectively. The budget line item remaining sum of $183,606.3�ork andis abont act workg or the 2014 projele for continencies for the 1 {and 2013 projects and for prepare ry It was moved by Potter, seconded awardbof the contWienands ract forthe2014 unanimously Street adopted to approve the City of Waterloo's Reconstruction Program with the Division II Water Main cReplac went and to authorize appropriate the General Manager to execute the 284 At their February 2014 regular meeting, the Board approved the taking of bids for the 2014 Water Main Preparations Program Project and to set the date of Public Hearing as the March 19, 2014 Board of Trustees meeting. Bids from contractors were scheduled to be received on March 13, 2014. No bids were received. the project. At their March 2014 regular meeting, the Board held a public hearing for It would beneficial to the Water Works to have this project completed prior to the asphalt overlay work. Discussions with contractors indicated that there was not a particular problem with the project, but rather simply busy schedules. The Board approved to instruct the General Manager to re -publish notice of plans, specifications and taking of bids. The Board further approved to authorize award of the contract for the 2014 Water Main Preparations Project and to authorize the General Manager to execute the appropriate contract documents, if the bids were 125 percent or less of the Estimated Cost amount of $74,060.00, (revised to $67,760 with quantity adjustments for the second letting on March 28, 2014). The following documents were reviewed by Board: Proof of Publication and Advertisement for Bids Plan cover sheet with quantities Engineer's Estimate Bid tabulation as follows Anstoetter Construction Co. $67,769.00 Frickson Bros. Excavation 83,205.14 The low bid total for the project is the sum of $67,769.00, which is just over the estimated cost. It was moved by 1Nienands, seconded by Potter and unanimously approved to confirm the award of the 2014 Water Main Preparations Program Project contract to Anstoetter Construction Company and to authorize the General Manager to execute the appropriate contract documents. At the March 19, 2014 Board meeting, it was approved to authorize the advertisement and bidding for a three-year, 2014-2015-2016, mowing, trimming and trash removal contract at the seven well sites. The sites vary in size from 1 to 28.5 acres, covering 42.6 acres in total. The last three-year contract was awarded in 2011 to B & B Lawn Care, Inc., at a total cost per mowing of $840.00. The average annual cost of the contract over the last three years was $13,855.00. The estimated cost in the next three years is $14,000 to $16,000 per year. A Notice to Bidders was published in the Waterloo Courier on March 31, 2014 and bids were opened and read aloud on April 17, 2014. The Board reviewed a proof of publication and the bid tabulation for the 2014-2015-2016 lawn mowing of seven well and tower sites. The bid results showing the cost per one mowing of all seven turf sites are as follows: Fleming's Landscaping and More, LLC S 845.00 Fox Enterprises $ 890.00 JL Lawn Service $1,020.00 B & B Lawn Care $2,350.00 Cedar Valley Lawn Care $2,601.00 it was moved by Wienands, seconded by Potter and unanimously approved to award the 2014-2015-2016 mowing contract to Fleming's Landscaping and More, LLC. 285 AT&T currently has cell phone ground equipment at all three water tower sites, and cell phone antennas ached to each watr tower. FMHC, the e Works for revisions ateacect h Manager for AT&T, has submitted plans to the Wate tower. The project, among other work items, includes increasing the number of AT&T antennas attached to each tower by at least 50 percent. The current and proposed equipment is attached to the catwalk handrails, load. wereThe additionalo ci ii anteynnas as w (led to handle the current load, or the increased future increase ice, snow and wind load, in addition to the dead load of the equipment. To review the structural aspects of the proposed additional equipment, the Water Works requested a proposal for engineering services from Veenstra & Kimm, Inc., (V&K). V&K were the consulting engineers for the most recent rehabilitation projects for all three water towers. The Board reviewed a copy of the proposed Contract for Water Tower Engineering Services between V&K and the Waterloo Water Works. V&K has advised that the project would fall within the Type 2 Level of Service with an anticipated cost of structural evaluation to fall within the $3,500 to $4,500 range. After the structural evaluation is completed, and prior to allowing AT&T to proceed with the project, the terms of the lease could be renegotiated. It was moved by Potter, seconded by Wienands and unanimously approved to authorize the Water Tower Engineering Services Contract with Veenstra & Kimm, Inc., and to further authorize execution of the appropriate contract documents by the General Manager. At their regular meeting of October 23, 2013, the Board of Trustees adopted a resolution to award a contract and Replacectric, ement (nc., for the Stand by Powell No. r Project. Variable Frequency Drive Conversionp Currently, the electrical feed to the well house is accomplished with overhead electrical wiring. The overhead wiring is susceptible to storm damage, vandalism, and is unsightly. Removing the mast and wire feed from the roof of the well house would also allow a tighter roof seal when the roof is replaced after the project is completed, and would improve safety. A request was made to the contractor to reroute the electrical service to underground. KW Electric originally provided a proposed cost of $21,244.08 to place the electrical service underground, with entry into the front of the building. Additional costs from MidAmerican Energy increased the cost to $24,946.07. This solution would place very large electrical panels on the front exterior of the building, which hould be used for climbing by vandals and would not present an attractive appearance to LaPorte Road. Alternate bids were requested to provide the service on the south or west sides of the building, with respective bids of $38,446.07 and $42,946.07. Water Works staff requested that the change to the project be tabled, for further review and possible abandonment. It was moved by Wienands, seconded by Potter and unanimously approved to table the authorization of a Change Order to reroute the electrical service to underground at Well No. 19. The General Manager presented the 2013 Annual Audit Report, recently completed by Hogan -Hansen Certified Public Accountants and Consultants. Copies were mailed to the Board prior to the meeting. Highlights of the audit were discussed. It was moved by Potter, seconded by Wienands and unanimously approved to receive and place on file the 201WIt Coup�IReport Members aforward d to appropriate copies to Mayor Buck Clark, the a Waterloo City others as necessary. 286 The General Manager presented copies of the Operating Report for 2013. The contents of the report were reviewed and exceptional items were noted. The report represents each department's operations for the year. It was moved by Wienands, seconded by Potter and unanimously approved to receive and place on file the 2013 Operating Report and to distribute copies to Mayor Buck Clark, Waterloo City Council Members and others as necessary. The engineering and design work for the 2014 Pavement Repairs Project is underway. The annual paving repair project has trended larger in size over the last few years, due to the quantity, location and severity of main breaks. The following is a tabulation of annual costs for pavement repair projects in recent years: Year Project Cost 2004 $ 38,637.20 2005 S 14,496.75 2006 $100,131.90 2007 $133,384.05 2008 $114,733.03 2009 $146,138.00 2010 $119,549.55 2011 $123,128.00 2012 $ 89,684.00 2013 $134,511.60 The 2014 Water Works budget line item for pavement repairs is $150,000. In addition to the Pavement Repairs Project, temporary pavement material expenses are charged to the budget line item for pavement repairs. It was moved by Potter, seconded by Wienands and unanimously approved to instruct the General Manager to prepare plans, specifications, form of contract, etc. It was moved by Potter, seconded by Wienands and unanimously approved to adopt a resolution to preliminarily approve plans, specifications, form of contract, etc. It was moved by Potter, seconded by VVienands and unanimously approved to adopt a resolution to instruct the General Manager to publish notice of plans, specifications, form of contract, etc., taking of bids and set date of public hearing as May 28, 2014 for the 2014 Pavement Repairs Project. The following items were reported by management: Dennis Clark presented water pumpage information for March 2014, which was 25.01% more than March 2013. Water pumpage for the first three months of 2014 was 18.64% more than the first three months of 2013. At least some of the pumpage increase is due to flushing hydrants to maintain higher water temperatures in the distribution system. The current market value of the Pension Fund as of March 31, 2014 is the sum of $5,023,861.63, including one employee's personal balance of $31,714.69. The value of the fund increased $27,027.74 in the last month and $69,695.81year to date. The Waterloo Water Works has made contributions of $127,425.00 to the plan in 2014. Employees have made contributions of $16,361.25 to the plan in 2014. Year to date fees are the sum of $19,317.98, year to date payments to retirees are the sum of $122,318.64, and the year to date performance of the fund is plus 1.36 percent. A list of several major projects and initiatives currently underway or planned for 2014 was presented to the Board. 287 Recent after-hours activities and security footage around the Waterloo Water Works was reviewed by the Board. The next regular meeting is scheduled for Wednesday, May 28, 2014 at 8:00 a.m. Upon motion, the meeting was adjourned at 10:06 a.m. BOARD OF TRUSTEES Secretary An Equal Opportunity/Affirmative Action Employer A04 D 1 0 (D Q w 0 v (n N w O O) O atea aoionui •oN aoionul Voucher Prepared by Pauline C > '— Z O -I 71 C > N v 3m 373 C,-) W 0 X r 00 0D0 cn `1' co .� 0 c CD CD CD Z 0 H m Brain Schoon @ INRCOG is requesting Reimbursement algeasJngwie %00 l• cn* Q c 7 �m n Qo (7)* 1 'O'^ 0 C V/ (° 3 5 D) O r N ; W =., co a SDC') CD b0l•Z-0005-L0-06Z 0 0p m D) a 3 o O (D n n cn O N Q O Cl) O m (a (D CD 7 CO 0 cr)' 0 C o D O 010th 0 o cn Oc O N CELEBRATIN 061 Stanley Consultants INC EsvoRLD 100 Court Avenue, Suite 300 Des Moines, IA 50309-2200 City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attention: Jamie Knutson, Associate Engineer For: Storm Water Lift Stations, Study & Design Phase Westfield Ave., Virden Creek and Vinton Professional Services from March 02, 2014 to March 29, 2014 Fee Billing Phase April 23, 2014 Project No: 23209.01.00 Invoice No: 0166941 Percent Previous Current Fee Complete Earned Billing Billing Westfield Ave 317,333.00 100.00 317,333.00 317,333.00 0.00 Virden Creek 129,161.00 100.00 129,161.00 129,161.00 0.00 Vinton 150,593.00 100.00 150,593.00 150,593.00 0.00 Total Fee 597,087.00 597,087.00 597,087.00 0.00 Total Fee 0.00 Total this Project 0.00 For: Bidding Phase Billing Limits Current Prior To -Date Total Billings 0.00 11,194.10 11,194.10 Limit 11,194.10 Total this Project 0.00 For: Construction Phase Project 23209.01.00 WaterlooStormWaterLiftStationsPrelimWork Invoice 0166941 Professional Personnel Hours Rate Amount BC -20 22.00 211.00 4,642.00 BC -19 6.00 200.00 1,200.00 BC -15 3.50 156.00 546.00 BC -13 1.00 136.00 136.00 BC -09 150.00 97.00 14,550.00 BC -02 5.50 43.00 236.50 Totals 188.00 21,310.50 Total Labor Reimbursable Expenses Meals 65.80 Telephone 67.28 Lodging 896.00 Expense Report Mileage 505.12 Total Reimbursables 1,534.20 Unit Billing Car Mileage - 2WD 1,241.0 Miles @ 0.65 806.65 Copy Processes 10.00 Total Units 816.65 21,310.50 1,534.20 816.65 Billing Limits Current Prior To -Date Total Billings 23,661.35 262,223.29 285,884.64 Limit 353,956.00 Remaining 68,071.36 Total this Project $23,661.35 For: Subconsultant Fees SubConsultants Subconsultant 3/25/2014 Terracon Consultants Inc 196.75 Total SubConsultants 196.75 196.75 Billing Limits Current Prior To -Date Total Billings 196.75 6,441.00 6,637.75 Limit 22,500.00 Remaining 15,862.25 Total this Project $196.75 For: Stormwater Lift Stations Environmental Monitoring Page 2 Project 23209.01.00 WaterlooStormWaterLiftStationsPrelimWork Invoice 0166941 Billing Limits Current Prior To -Date Total Billings 0.00 4,977.51 4,977.51 Limit 5,528.00 Remaining 550.49 Total this Project 0.00 TOTAL THIS INVOICE If you have any questions regarding this invoice, please contact Dan Fullerton at 515-447-4408 or Amy at 563-264-6419. $23,858.10 OK 76 Page 3 Storm Water Lift Station Sudy, Design, Bidding and Constructon Services Westfield Avenue, Virden Creek and Vinton/18th Street Waterloo, Iowa Summary Bidding and Construction Phase Compensation Subtotal Fee Current Prior To -Date Westfield $ 212,246.00 $ 7,952.70 $ 134,890.02 $ 142,842.72 Virden $ 57,886.00 $ 7,952.70 $ 30,918.73 $ 38,871.43 Vinton/18th $ 115,770.00 $ 7,952.70 $ 119,027.15 $ 126,979.85 Total Fee $ 385,902.00 $ 23,858.10 $ 284,835.90 $ 308,694.00