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09/15/2014
Amended THE CITY COUNCIL OF THE CITY OF W ATAERLOTHO, IOWA, REGULAR SESSION TO RE HAROLD E. G,ETTY COUNCIL5 H ERS MONDAY, SEPTEMBER CITY OF WATERLOO GOALS PP d . Su ort economic development efforts that attract, retain and. create quality jobs 1 resulting in a diverse economic base and increase p P 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. our community. 9. Enhance the quality of place opportunities for the citizens of General Rules for Public Partici ' ation you may address an item on the current agenda by 1. At the chair/presider s discretion, 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. you 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as the ave Meetin withfter Cgityst Clerk's with the City Clerk's office youp.m. on the day may speak one (1) time Council Meeting. If not registered minutes. per item for a maximum of three (3) resider will allow , the 3. If thereyois a scheduled to address part of an agenda the council, using thea same participation chair/presider guidelines everyone who wishes found in these "general rules". citycode of ordinances, oral presentations may be allowed at 4. Although / pt sidreqis by oral the chair/presider's (usually the Mayor or Mayor Pro to addressetion. items not oe n the presentations" section of the agenda is your opportunity agenda. You may speak one (1) issue per meeting for a maximum of five (5) minutes as long as you have registered with the City with the City Clerk's ffice aClerk's office no later than •sOp esker may speak 0 p.m. on the day of the Council Meeting. If not registeredfficial cannot to one (1) issue per meeting for a maximum ©behree laced)onia future action referred to be taken by the Council at that time, but may p the appropriate department. eep cowmen s germane an re rain from personal, impertinent or s . n erous remar s. 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 4:00 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. September 15, 2014 Roll Call. Moment of Silence. Pledge of Allegiance: Mayor Buck Clark. Agenda, as proposed or amended. Special Session, Minutes of September 8, 2014, Regular Session, and as proposed. of August Page 2 28, 2014, Proclamation declaring the week of September - Week. I i23, 2014 as Constitution 1 • Consent Agenda:T ( he following itemsll b Zsczcssion unless on a single motion without separate d' wr e acted upon by voice vote requests that a specific item be considered separately.) from the council or public a. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report a co on file in the office of the City Clerk. Py of which is 2. Cancellation of weed assessments for several properties; and Clerk to notify Black Hawk County Treasurer of said cancellations. uthorize City Submitted by Suzy Schares, City Clerk Parcel ID/Address Amount to cancel $171.45 $127.90 $203.95 $127.90 $106.45 $171.25 3. Request of Splash of Color Breast Cancer Support Group for a Noise Ordinance on October 11, 2014 from conjunction with Splash of Color 3K Fundraiser Walk Walk e to ven Sullivan Park including a DJ and the use of a bullhorn, recommendation of approval of Director of Safety Services. Submitted b Joe L eibold, Police Capin 4. Request of Splash of Color Breast Cancer Support Groupp to hold ash of Color 3K Fundraiser Walk event to be held on October 11, 2014 at 6:30 aj m. to 12:00 Noon, with the route to start and end at Sullivan Park. 00 Submitted by Joe Leibo/d, Police Captain 8813-03-428-002 8813-03-428-003 8813-03-428-004 8813-03-428-005 8813-03-428-006 1900 W. 11th Street variance to the 12:00 p.m. in to be held at together with September 15, 2014 Page 3 5. Request of Jeannette Mukayisire representing Amani Community Services for a variance to the Noise Ordinance on October 4, 2014 from 1:00 p.m. to 6:00 p.m. in conjunction with fundraising event to be held at Lincoln Park including entertainment, together with recommendation of approval of Director of Safety Services. Submitted by Joe Leibold, Police Captain b. Motion to approve the following: 1. 2. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to exceed Officer Gergen Defensive Tactics Instructor Recertification Johnston, IA 11/ 19/ 14 $140.00 Todd Henrich, Building Maintenance 8 -Hour Plumbing Update (Intro to OSHA; Plumbing Code Update; Plumbing Discipline Hawkeye Community College 10/ 17/14 $227.00 3. Recommendation of appointment of Brandon Cannon from the Civil Service list, to the position of Facilities Services Manager at the Waterloo Center for the Arts effective September 15, 2014. Submitted by Kent Shankle, Cultural & Arts Director 4. Recommendation of appointment of Laura Wolff to the position of Clerk I at the Waste Management Services Dept. effective September 16, 2014. Submitted by Larry Smith, Superintendent Waste Management Services 5. Recommendation of appointment of Frank Frost, to the position of Equipment Operator I (Street Department) from the current Civil Service List. This appointment is effective September 22, 2014 pending completion of pre- employment physical. Submitted by Mark Rice, Public Works Director 6. Recommendation of appointment of Bryan Owens, to the position of Equipment Operator I (Street Department) from the current Civil Service List. This appointment is effective September 29, 2014 pending completion of pre- employment physical. Submitted by Mark Rice, Public Works Director 7. Recommendation of appointment of Ryan Vestal to the Board of Electrical Examiners and Appeals with term expiration of 11/01/2014. Submitted by Mayor Buck Clark 8. Recommendation of appointment of Pat Becker to the Metropolitan Transit Authority Board with term expiration of 06/30/ 17. September 15, 2014 9. 10. 11. Submitted by Mayor Buck C/ark Page 4 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Ali's Liquor 1117 E 4t Street Class E Liquor, B Wine, C Beer Renewal 09/03/ 15 X Brown Derby Ballroom 618 Sycamore St. Class C Liquor Renewal 09/30/ 15 X Cadillac Lanes 650 LaPorte Rd. Class C Liquor & Outdoor Service Renewal 07/22/ 15 X 12. Cigarette/ Tobacco Permit Renewal Applications Blue River Bar, 728 Commercial Street 13. Salvage Yard License Applications Tournier Recycling, 900 Fulton Street. 14. Bonds PUBLIC HEARINGS 2. Purchase of One (1) Automated Side -Load Garbage Truck. 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 read bids and refer to Public Works Director for review. Submitted by Mark Rice, Public Works Director 3. F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864. 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 to adopt Proposed Resolution of Necessity, as proposed or amended. Submitted by W. Wayne Castle, PLS, El, Associate Engineer September 15, 2014 Page 5 4. F. F. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864. 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 plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Resolution approving award of contract to Midwest Concrete of Peosta, Iowa, in the amount not to exceed $241,991.09 and approving the Contract, Bonds and Certificate of Insurance for the F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864. Submitted by Wayne Castle, PLS, El, Associate Engineer 5. San Marnan Drive and LaPorte Road Traffic Safety Improvements. 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 plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to read bids and refer to Traffic Operations Superintendent for review. Submitted by Sandie Greco, Traffic Operations Superintendent 6. Safe Routes to School - Irving Elementary Traffic Signal Project at W. 5th Street and Baltimore Street. 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 plans, specifications, form of contract, etc. Resolution ordering construction. (Iowa DOT bid letting is set for September 16, 2014). Submitted by Sandie Greco, Traffic Operations Superintendent 7. Consent to Main Street Waterloo's sale of the Regional Business Center building located at 210-214 E. 4th Street to C. Doyle Properties. HOLD HEARING—No objections on file -Motion to close hearing and -y eceive andfile-pral and written comineitts Resolution authorizing Main Street Waterloo to sell the Regional Business Center building located at 210-214 E. 4th Street to C. Doyle Properties and rescind Resolution No. 2014-430. Submitted by Aric Schroeder, City Planner 8. Exchange Agreement and Assignment of Real Estate Contract between the City of Waterloo and L & H Farms, Ltd of Waterloo, Iowa for the September 15, 2014 Page 6 acquisition of property in Black Hawk County for exchange of property in the San Marnan TIF District in the amount of $131,949.00 for 2.75 acres of land in September of 2014 plus up to $10,000.00 in closing cost. ,.-HOLD HEARING—No objections on file. k Motion to close hearing and receive and file oral and written comments. Resolution approving said documents; and authorize Mayor and City Clerk to execute said documents. Submitted by Noel Anderson, Community Planning & Development Director RESOLUTIONS 9. Resolution approving the request of Five Star Snow Trails Association, Inc. 's application with Iowa Department of Transportation to establish and sign snowmobile trails within the right-of-way of state highways that reside within the city limits of Waterloo; and authorize Mayor to execute said documents. Submitted by Suzy Schares, City Clerk 10. Resolution approving a three year contract with Travelers for the Surety Bond Insurance in the amount of $2,619.00 for $1,000,000.00 in liability coverage for all city employees. Submitted by Suzy Schares, City Clerk 11. Resolution approving the submission of grant application to the R.J. McElroy Trust in the amount of $24,000.00. Grant will support school trip experiences to the Phelps Youth Pavilion and Waterloo Center for the Arts; and authorize Mayor to execute said documents. Submitted by Kent Shankle, Cultural & Arts Director 12. Resolution setting date of hearing as September 22, 2014 for the sale and conveyance of city -owned property located at 1019 Lafayette Street to Sergio Rangel with a purchase price of $95,100.00 through the Neighborhood Stabilization Program; and instruct City Clerk to publish notice. Submitted by Rudy Jones, Community Development Director 13. Resolution approving Early Occupancy Agreement with Sergio Rangel for City owned, new construction property, located at 1019 Lafayette Street prior to closing date through the Neighborhood Stabilization Program; and authorize Mayor and City Clerk to execute said documents. Submitted by Rudy Jones, Community Development Director 14. Resolution approving award of hotel/motel discretionary funds to Waterloo Police Department - event overtime in the amount of $25,000.00 and YWCA Week without Violence in the amount of $1,000.00. Submitted by Michelle Weidner, Chief Financial Officer • September 15, 2014 Page 7 15_ Resolution approving the Annual Financial Report for City Streets for the fiscal year ended June 30, 2014 to be filed with the Iowa Department of Transportation. Submitted by Michelle Weidner, Chief Financial Officer 16. Resolution approving the Contract, Bonds and Certificate of Insurance with Boulder Contracting, LLC of Grundy Center, Iowa, in the amount of $591,500.00 for the F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867; and authorize Mayor and City Clerk to execute said documents. Submitted by Jamie Knutson, PE, Associate Engineer 17. Resolution approving Professional Service Agreement with AECOM Technical Services of Waterloo, Iowa, in the amount not to exceed $69,000.00 for construction related services for the F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867; and authorize Mayor and City Clerk to execute said documents. Submitted by Jamie Knutson, PE, Associate Engineer 18. Resolution approving the installation of a 100 watt HPS light on a wood pole, 1500 block of Lafayette Street. Submitted by Sandie Greco, Traffic Operations Superintendent 19. Resolution setting date of hearing as September 22, 2014 to approve the expansion of the Martin Road Development Plan Tax Increment Financing (TIF) District; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director 20. Resolution setting date of hearing as October 6, 2014 to approve request by the City of Waterloo to vacate a dead end portion of West 17th Street north of Black Hawk Street and west of 18th Street; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director September 15, 2014 Page 8 ORDINANCES 21. "No Parking - Pick Up and Drop Off Only" 300 Jefferson Street. Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by adding a new Section, namely Section 548A, No Parking - Pick Up and Drop Off Only, 300 Jefferson Street. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Sandie Greco, Traffic Operations Superintendent 22. Amend City Code Title 5, Chapter 5 (Chronic Nuisance Properties). Motion to receive, file, consider and pass for the first time an Ordinance amending Title 5, Chapter 5 Chronic Nuisance Properties. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Daniel Trelka, Director of Safety Services 23. Enactment of Ordinance Title 6, Chapter 5 - Civil Seizure and Impoundment of Motor Vehicles. Motion to receive, file, consider and pass for the first time an Ordinance amending the 2007 Code of Ordinances by adding Chapter 5, Civil Seizure and Impoundment of Motor Vehicles to Title 6, Motor Vehicles and Traffic. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Daniel Trelka, Director of Safety Services ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. w II u City Clerk/ Human Resource Director MEETINGS September 15, 2014 Page 9 Monday, September 15, 2014 4:50 p. m. - Ordinance Committee, Harold E. Getty Council Chambers 5:00 p.m. - Human Resources Committee, Harold E. Getty Council Chambers 5:10 p.m. - Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Communication from Waste Management Services Department on the retirement of Larry Levendusky, Maintenance Mechanic, effective August 28, 2014 with recommendation of approval of payout of $15,503.84 for unused benefits. CONTRACT PAYMENT SCHEDULE 1. Detention Basin Mod on Dry Run Creek, Contract No. 842 Pay estimate to AECOM in the total amount due of $1,233.77. 2. Storm Water Lift Station -Blowers & Dry Run Creek Design, Contract No. 842 Pay estimate to AECOM in the total amount due of $28,669.60. 3. Gatewell Repair Project, Contract No. 867 Pay estimate to AECOM in the total amount due of $5,804.32. 4. U.S. Hwtj 63 (Newell -Donald), Contract No. 790 Pay estimate to AECOM in the total amount due of $2,827.24 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-823 RESOLUTION AUTHORIZING THE INSTALLATION OF STREET LIGHT IN THE CITY OF WATERLOO, IOWA. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that one (1) 100 -watt HPS light be installed on an existing wood pole located in the 1500 block of Lafayette Street. BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby ordered to certify a copy of this resolution to MidAmerican Energy Company of Waterloo, Iowa. PASSED AND ADOPTED this 15th day of September, 2014. ATTEST: y Schaes, CM City Cler Ernest G. Clark, Mayor Amended Council Agenda Items Council Meeting Monday, September 15, 2014 DELET Delete "Adjourn to Executive Session", page 8. September 8, 2014 The Council of the City of Waterloo, Iowa Chambers, Waterloo,met in Regular Session at Harold E. Council G. Iowa, at 5:30 p.m., on Monday, September 8, Getty Clark in the Chair. Roll Call: Cole, Jones, Ernestd Hart.2014. Mayor Schmitt, Lind, Morrissey, Welper, Moment of Silence. Pledge of Allegiance: Sandie Greco, Superintendent of Traffic Operations. 143457 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monda 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: y, September 8, carried. Y Seven. Motion 143458 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Tuesday, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Sevep. Motion 2, carried. Mot CONSENT AGENDA 143459 - Hart/Schmitt that the following items approved: on the consent agenda be received, placed on file and a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summar September 8, 2014, in the amount of $3,364,801.83, a copy of Report, dated file in the City Clerk's office, together with recommend ti n ofwhlch is on approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2014-779. 2. Request of Highland Elementary to hold 5K Run/Fundraiser event to be held on October 18, 2014 at 9:00 a.m., with the route to start at Highland Elementary School through residential streets with traffic control at Idaho Street and Independence Ave and end back at Highland Elementary School, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-780. 3. Request of Antioch Baptist Church to hold 5K Run/Walk event to be held on September 13, 2014, with the route to start and end at 426 Sumner Street, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-781. 4. Request of West High School to hold West High Homecoming Parade event to be held on September 19, 2014 from 1:00 p.m. -3:00 p.m., with route starting in the 200 blk of Easton Ave., traveling east to Baltimore, turning south on Baltimore to E. Ridgeway, turning back to the west and ending in the 200 blk of E. Ridgeway Ave., West High Parking Lot, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-783. 5. Cancellation of assessment for property located at 3347 Santa Maria Drive in the amount of $81.62 and 2401 E. 4th Street in the amount of $101.25; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellations. Resolution adopted and upon approval by Mayor assigned No. 2014-784. 6. Request of Michael S. Yates for tax exemptions for the construction of a new garage valued at $15,000.00 located at 1117 Dundee Ave. and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2014-782. September 8, 2014 7. Request of Ron & Rose Jordan for tax exemptions for the construction of a new 3 season's porch valued at $23,000.00 located at 1014 Creston Ave. and located in the Consolidated Urban Revitalization Area (CURA). Page 2 Resolution adopted and upon approval by Mayor assigned No. 2014-785. b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title Class Destination Date(s) Amount not to of Personnel Class/Meeting Renewal 09/14/15 exceed Rusty Zey, Aircraft Live Eastern IA 09/24/14- Up to $900.00 Randy Shepard, and Troy Deeds Fire Training Airport, Cedar 09/25/14 X New Star 3 1459 Ansborough Ave. Class E Liquor, C Beer (Carryout) Rapids, IA 04/16/15 X Director Law Enforcement Council 09/23/14- $613.00 Trelka Leadership Bluffs, IA 09/25/14 Conference Director of Interview Waterloo, IA 09/18/14- $2,838.00 Aviation 09/19/14 Candidates 4. Correct term expiration date for Stacy Donlea to her second term on the General Contractors Board of Licensing, Examiners and Appeals Board with term expiration of 06/30/2017. 5. Recommendation of re -appointment of Carole Gustafson to her second term on the Planning, Programming and Zoning Commission with term expiration of 08/07/2017. 6. 7. 8. 9. 10. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Bamboo Ridge Campground 4550 Hess Rd. Class C Beer, B Wine Renewal 09/14/15 X Benevolent & Protective Order of Elks #290 407 E. Park Ave. Class C Liquor, Outdoor Service, and Catering Privilege Renewal 06/30/15 X Chapala Mexican Restaurant 900 LaPorte Rd. Class C Liquor Renewal 08/07/15 X New Star 3 1459 Ansborough Ave. Class E Liquor, C Beer (Carryout) Renewal 04/16/15 X Newton's Paradise Cafe 128 E. 4th St. Class C Liquor, B Native Wine, Outdoor Services, and Catering Privilege Renewal 09/17/15 X 11. Cigarette/Tobacco Permit Renewal Applications F & S Stores, LLC DBA West Side Liquor, 919 W. 5th Street 12. Bonds Roll call vote -Ayes: Seven. Motion carried. RESOLUTIONS 143460 - Schmitt/Cole that "Resolution approving Iowa Department of Transportation Air Service Development Program grant agreement in the amount of $28,000.00, with a 20% local match in the amount of $7,000.00, for air service consulting and marketing for Waterloo Regional Airport; and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-786. 143461 - Schmitt/Cole that "Resolution accepting the Highway Safety Contracts with Governor's Traffic Safety Bureau/National Highway Traffic Safety Administration in the total amount of $56,500.00 for the FY15 Governor's Traffic Safety Bureau grant projects", be adopted. Roll call vote -Ayes: Seven. September 8, 2014 Resolution adopted and upon approval by Mayor assigned No. 2014-787. 143462 - Schmitt/Cole Page 3 that "Resolution setting date of hearing as September 22, 2014 to approve Development Agreement with Hotel President Partners, LP for the redevelopment of 500 Sycamore Street, authorizing a tax rebate schedule at 10 years (80, 70, 60, 50, 40, 40, 30, 30, 20, 20%) matching that of CURA schedule; and instruct City Clerk to publish notice", be adopted. Roll call vote -Ayes: Seven. Mr. Morrissey questioned if the building will be for residents age 55 and over. Noel Anderson, Community Planning and Development Director, explained that it will not be for seniors only. As vacancies become available they will market more toward seniors. Resolution adopted and upon approval by Mayor assigned No. 2014-788. 143463 - Cole/Hart that "Resolution setting date of hearing as September 22, 2014 to approve request by Sue Schuman and Sara Kersenbrock to vacate the 20' platted building line located on Lot 2 of Miller Park Addition, at 419 Holm Street, for the purpose of constructing a Three (3) Seasons addition", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-789. 143464 - Cole/Hart that "Resolution setting date of hearing as September 15, 2014 to authorize Main Street Waterloo to sell the Regional Business Center building located at 210-214 E. 4th Street to C. Doyle Properties and rescind Resolution No. 2014-430", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-790. 143465 - Cole/Hart that "Resolution approving Construction Plans for Sanitary Sewer, Storm Sewer, and Paving Serving Audubon Heights Fourth Addition - Phase I, as submitted by Wayne Claassen Engineering & Surveying, Inc. of Waterloo, Iowa, and Sewage Treatment Agreement DNR Form 29 (Nov 00) with the Department of Natural Resources and the final acceptance of construction plans subject to the review and acceptance by the DNR", be adopted. Roll call vote -Ayes: Seven. Mr. Jones questioned if the street layout has changed since the original plat. Eric Thorson, City Engineer, explained that the layout is the same. Resolution adopted and upon approval by Mayor assigned No. 2014-791. 143466 - Cole/Hart that "Resolution approving Award of Contract to Boulder Contracting, LLC of Grundy Center, Iowa, in the amount not to exceed $591,500.00 in conjunction with F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-792. ORDINANCES 143467 - Morrissey/Hart that "an Ordinance amending the 2008 Traffic Code by deleting Subsection (14) Hillcrest Road, of Section 545, Yield Streets; and inserting in lieu thereof a new Subsection (14) Hillcrest Road, West Ridgeway Avenue through Hilltop Road; Hillcrest Road to Park Lane in conjunction with Yield Traffic - Hillcrest Road and Park Lane", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 143468 - Morrissey/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. September 8, 2014 143469 - Morrissey/Hart Page 4 that "an Ordinance amending the 2008 Traffic Code by deleting Subsection (14) Hillcrest Road, of Section 545, Yield Streets; and inserting in lieu thereof a new Subsection (14) Hillcrest Road, West Ridgeway Avenue through Hilltop Road; Hillcrest Road to Park Lane in conjunction with Yield Traffic - Hillcrest Road and Park Lane", 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. 5236. OTHER COUNCIL BUSINESS 143470 - Hart/Morrissey to instruct Traffic Operations Superintendent to prepare plans, specifications, form of contract, etc. in conjunction with Safe Routes to School - Irving Elementary Traffic Signal Project at W. 5th Street and Baltimore Street, be approved. Voice vote -Ayes: Seven. Motion carried. 143471 - Hart/Morrissey that plans, specifications, form of contract, etc. in conjunction with Safe Routes to School - Irving Elementary Traffic Signal Project at W. 5th Street and Baltimore Street, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 143472 - Hart/Morrissey that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Safe Routes to School - Irving Elementary Traffic Signal Project at W. 5th Street and Baltimore Street Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-793. 143473 - Hart/Morrissey that "Resolution setting date of public hearing as September 15, 2014 with an Iowa Department of Transportation bid letting set for September 16, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. for Safe Routes to School - Irving Elementary Traffic Signal Project at W. 5th Street and Baltimore Street Project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-794. 143474 - Hart/Morrissey to instruct Public Works Director to prepare specifications, bid document, etc. in conjunction with purchase of Two (2) Pickup Trucks for the Sanitation Department, be approved. Voice vote -Ayes: Seven. Motion carried. 143475 - Hart/Morrissey that plans, specifications, bid document, etc. in conjunction with purchase of Two (2) Pickup Trucks for the Sanitation Department, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 143476 - Hart/Morrissey that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with purchase of Two (2) Pickup Trucks for the Sanitation Department", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-795. 143477 - Hart/Morrissey that "Resolution setting date of bid opening as September 25, 2014 and date of public hearing as October 6, 2014; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids in conjunction with purchase of Two (2) Pickup Trucks for the Sanitation Department", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-796. 'September 8, 2014 ORAL PRESENTATIONS Page 5 Jim Chapman, 224 Bertch St., questioned if animal control is operating within the budget and the Mayor confirmed that it is within budget. Randy Herod, 111 Highland Blvd., questioned what the total expense budget is for animal control. He also noted that a few individuals could not pick up their dog due to there being no one at the building. Michelle Weidner, Chief Financial Officer, explained that the current expenditures are just under $295,000.00 subtracting out potential revenues the budget will be just under $219,000.00. Steve Murphy, 124 Terrace Dr., questioned how far behind the City is in replacing damaged carts. He requested prior notice if the trap, neuter, release program is going to be discussed on Council. Mark Rice, Public Works Director, explained the City is approximately 600 carts behind and it will take them approximately 6 weeks to distribute them. David Dryer, 3145 W. 4th St., questioned the status of the San Marnan project, suggested taking the middle bid on projects, and expressed concern with doing business with the City Attorney. Mayor Clark responded that the San Marnan project is still in litigation. Bill Kammeyer, 526 Home Park Blvd., noted that Emily West will be on America's Got Talent this week and he asked everyone to vote for her. Josh Wilson, 2831 Saratoga Dr., expressed appreciation for the Lou Henry Hoover project moving forward. David Dryer, 3145 W. 4th St., reported that someone is looking for a freedom rock and there is a potential rock near his property. Mayor Clark explained the agenda and the rules being enforced for the meetings. Mr. Morrissey thanked the City and the employees for the work done on Summit Ball Field. 143478 - Hart/Cole that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 143479 - Hart/Cole that the Council adjourn at 5:55 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares, CMC City Clerk/Human Resource Director August 28, 2014 The Council of the City of Waterloo, Iowa, met in Special Session on Thursday, August 28, 2014. Roll Call: Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Absent: Cole. 143416A- Welper/Schmitt that copies of Call for the Special Session on Thursday, August 28, 2014, be received and placed on file. Voice vote -Ayes: Six. Motion carried. 143416B- Welper/Schmitt that the Agenda, as proposed, for the Special Session on Thursday, August 28, 2014, be accepted and approved. Voice vote -Ayes: Six. Motion carried. CONSENT AGENDA ITEMS 143416C- Welper/Schmitt that "Resolution approving request of Renada Bates for a variance to the Noise Ordinance on August 29, 2014 from 4:00 p.m. to 10:00 p.m. in conjunction with Bates Family Reunion event to be held at 906 Fairview Avenue, including a DJ and the use of a PA system, together with recommendation of approval of Director of Safety Services", be adopted and Mayor authorized to execute same. Roll call vote -Ayes: Six. Absent: Cole. Resolution adopted and upon approval by Mayor assigned No. 2014-754A. ADJOURNMENT 143416D- Welper/Schmitt that the Council adjourn at 8:31 a.m. Voice vote -Ayes: Six. Motion carried. Suzy Schares, CMC City Clerk/Human Resource Director City of Waterloo Finance Committee Open Invoice Report For September 15 2014 Approval Finance Committee Accounts Payable Open Invoice Report Total As of Friday, September 12, 2014 EFT Transactions: Add Wellmark Remove Laforge, LLC 680,118.39 208,170.32 (14,856.00) 'Subtotal - as of Monday, September 15, 2014 873,432.71 Workers Compensation Issued by TPA Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Payroll 12,030.22 2,700.12 Bill Payment Total - Monday, September 15, 2014 888,163.05 Payment to Council members or related entities: $o.00 City of Waterloo Bill Payments Bill Date 9/15/2014 Banking Date 9/16/2014 Prepared by: RH Journal Number 341 Fund Amount Fund Amount for formula 010 488,430.12 010 1 $ 488,430.12 205 27,683.48 205 1 27,683.48 224 75,967.65 224 2 75,967.65 266 59,501.48 266 1 59,501.48 283 224.30 283 3 224.30 290 37,250.42 290 1 37,250.42 291 2,767.11 291 1 2,767.11 409 2,636.43 409 4 2,636.43 411 565.45 411 4 565.45 412 15,733.00 412 4 15,733.00 413 10,675.49 413 4 10,675.49 414 2,450.00 414 4 2,450.00 426 3,291.00 426 1 3,291.00 520 90,457.80 520 5 90,457.80 521 2,868.90 521 5 2,868.90 525 52,930.08 525 1 52,930.08 WAR 873,432.71 873,432.71 juornal total 1,746,865.42 $ 1,746,865.42 1 $ WAR formula (873,432.71) 2 3 Approved check total 873,432.71 4 5 6 w/d amount / To: (RB) ACCTS PYBL Bank Acct r fy (RB) OVRNT $ 671,853.69 V ° '� �' (RB) CDBG 75,967.65 No banking V (USB)HOUSE 224.30 " `' (33,i J / (RB)GOB 32,060.37 (RB)SEW 93,326.70 7[ \\\/// $ 873,432.71 9/16/2014 forms bill banking net.xlsx 091514 $ 873,432.71 FUNDS 7a1tANSFER REQUEST 1—/6 —f ire)pared by/Date , ' FROM ACCOUNT (6i ,9 o dice/ TO ACCOUNT TO AMOUNT I 3/24/2014FORMS REVENUE ACCTINO ,I,,FUNDS TRANSFER CITY OF WATERLOO Council Communication City Council Meeting: Prepared: Dept. Head Signature: # of Attachments: 1 September 15, 2014 September 3, 2014 SUBJECT: Proclamation: Constitution Week Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY WATERLOO, IOWA POCLAMATION September 17, 2014, marks the two hundred and twenty-seventh anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and WHEREAS, it is fitting and proper to officially recognize this magnificent document and the anniversary of its creation; and WHEREAS, it is fitting and proper to officially recognize the patriotic celebrations which will commemorate the occasion; and WHEREAS, public law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 through 23 as Constitution Week. NOW, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of September 17 through 23, 2014, as CONSTITUTION WEEK In Waterloo, Iowa, and ask our citizens to reaffirm the ideals the Framers of the Constitution had in 1787. IN WITNESS WHEREOF, I have hereunto subscribed my name and caused the Seal of the City of Waterloo to be affixed this 15th day of September 2014. ATTEST: CITY OF WATERLOO Council Communication City Council Meeting: September 15, 2014 Prepared: September 10, 2014 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Resolution cancelling assessments for several properties. Submitted by: Suzy Schares, City Clerk/HR Director Recommended City Council Action: Pass resolution approving cancellation of weed assessment in the amount as follows: Parcel ID Amount to cancel Assessment 8813-03-428-002 $171.45 Weed 8813-03-428-003 $127.90 Weed 8813-03-428-004 $203.95 Weed 8813-03-428-005 $127.90 Weed 8813-03-428-006 $106.45 Weed Total Summary Statement: Expenditure Required: none Source of Funds Policy Issue Alternative Background Information: $737.65 Paul Moore with Hammond Hills Development purchased properties (Ravenwood Rd./Ravenwood Circle) after violations and before assessed. WEED MOWING ASSESMENTS MARCH - JUNE 2013 B C D E 1 INVOICE NUMBER CUSTOMER INVOICE DUE DATE PROPERTY ADDRESS IPAR 25 26 27 28 2013-00075455 2013-00075456 2013-00075459 21033 - THOMAS, JASON C & JULIE 7/24/2013 Williston 131 2013-00075461 15584 - LOUIS HOLMES 12643 - GORDON FRASER 1891 7/24/2013 :Harrison 129 1891 7/24/2013 ;4th St W 1311 1891 8409 - KEITH & NANCY WEISE 7/24/2013 :Lafayette 252 :891 7/24/2013 . Lot E of 2519 Lafayette 891 Oneida 119 ;899 189: 29 2013-00075462 20047 - LUODING WANG 30 2013-00075463 12550 - CHRISTIAN WORTHLEY 31 2013-00075464 12550 - CHRISTIAN WORTHLEY 32 33 34 2013-00075467 21036 - PRINCE, IDA MAE 7/24/2013 7/24/2013 7/24/2013 4th St E 1808 7/24/2013 .4th St E 1901 Oneida 119 189: 2013-00075468 8433 - PERCY BURT 20001 - ROBERT MONTGOMERY 7/24/2013 4th St E 1526 2013-00075469 35 2013-00075470 .21037 - FOSS, KELLY R & KENDRA 7/24/2013 1Baltimore 309 11229 - ROSEMARY JEFFERSON 7/24/2013 ILot W of 117 Oneida 189 7/24/2013 R of 2450 Maynard 189 15309 - RODER,WILLIAM R & 1 RODER,MARGARITA M 189 21042 - SIMON, MELISSA R & TRAVIS J 36 2013-00075472 189: 89, 37 2013-00075476 13637 - JB HOLDING INC 38 2013-00075477 39 40 41 2013-00075478 2013-00075483 2013-00075484 7/24/2013 ;Newton 853 7/24/2013 1Downing 1030 89 8631 -JOE LAWRENCE 7/24/2013 7/24/2013 8631 -JOE LAWRENCE 18E I8f 42 43 20620 - HILSENBECK, DALE R AND 2013-00075485 ETHEL M 2013-00075486 .8631- JOE LAWRENCE 1 7/24/2013 1Grant1100 7/24/2013 8913-26-481-001 ;8813-03-428-004 44 2013-00075487 45 2013-00075488 46 2013-00075489 ;8631 -JOE LAWRENCE ;8631 -JOE LAWRENCE 1:21044 - SCOTT, MAXINE & JONES, FAREN Q 7/24/2013 7/24/2013 7/24/2013 Skyview 312 8813-03-428-003 ,8813-03-428-002 137.00 $ 203.95 i$ 127.90 1 $ 171.45 47 2013-00075490 8754 - ANDERKAY, GLENN A & ANDERKAY, ROSEMARIE Lot South of 2322 Spring 7/24/2013 View 18912-29-276-024 ;8912-19-227-002 $ 179.25 $ 107.75 48 2013-00075491 49 2013-00075492 ;13298 - BRIAN SLUTTER 7/24/2013 1 Rhey 133 120191 - SHAD SOUTH 7/24/2013 ?Glenwood 214 18913-25-280-012 18913-24-457-003 $ 150.00- $ 85.00 P:\Shared Goodies\BHC Assessments Jan 2014\Weed Mowing March - June 2013 2 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 100% Value HAMMOND HILLS DEVELOPMENT L L C HAMMOND HILLS DEVELOPMENT L L C PO BOX 2082 WATERLOO, IA 50704-0000 8813-03-428-002 M/E PDF No. Map Area Contract Buyer 5 SWTLO-03 0 Property Address 0 Current Recorded Transfer 00000 00000-0000 Date Drawn Date Filed Recorded Document Type 2/6/2014 2/12/2014 2014 015112 D SALES Date Amount NUTC / Type 2/6/2014 54,000 VACANT LOT - 12 / Deed 1/27/2003 33,000 RESIDENTIAL SALE OF TWO OR MORE PARCELS -SINGLE CONSIDERATION - PRIOR 09 / Deed BUILDING PERMIT None ASSESSED VALUES/CREDITS Year Class 2014 R 100% Value Land Dwelling Building M/E Total Acres 23,390 0 0 0 23,390 0 Taxable Value Land Dwelling Building M/E Total 23,390 0 0 0 23,390 Year Class 2013 R 100% Value Land Dwelling Building M/E Total Acres 23,390 0 0 0 23,390 0 Taxable Value Land Dwelling Building M/E Total 12,724 0 0 0 12,724 Year Class 2012 R 100% Value Land Dwelling Building M/E Total Acres 23,390 0 0 0 23,390 0 Taxable Value Land Dwelling Building M/E Total 12,354 0 0 0 12,354 TAX INFORMATION ASSESSMENT YEAR 2013 PAYABLE 2014/2015 Tax District 940001 - WATERLOO Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 23,390 12,724 0 41.40455 $526.83 $526.00 Nocorp 0 0 0 0 $0.00 Homestead Credit Disabled Veteran Credit Property Tax Relief Credit g Credit Business Property Tax Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=881303428002 9/5/2014 Black Hawk County Detailed Parcel Report (Nocorp I Page 2 of 2 I$o.00 LEGAL IHAMMOND HILLS SIXTH ADDITION LOT 144 (Entry Status: http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=881303428002 9/5/2014 Basis Front Rear Side 1 Side 2 Lot Area Acres Front Foot 130 130 90 90 0 11700 0.269 otals: 11700 0.269 (Entry Status: http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=881303428002 9/5/2014 black Hawk County Detailed Parcel Report Page 1 of 2 SALES BUILDING PERMIT Date ASSESSMENT AND TAX INFORMATION 1 BLACK HAWK COUNTY REAL ESTATE Parcel ID Deed Holder Tax Mail to Address 6/29/2000 HAMMOND HILLS DEVELOPMENT L L C HAMMOND HILLS DEVELOPMENT L L C PO BOX 2082 WATERLOO, IA 50704-0000 8813-03-428-003 M/E PDF No. Map Area Contract Buyer 5 SWTLO-03 0 Property Address 0 Taxable Value Current Recorded Transfer Land 00000 00000-0000 wn DDocument D 6/2014 'Recorded 2/12/2014014 IType D SALES BUILDING PERMIT Date Amount NUTC / Type 2/6/2014 0 MULTIPLE PARCEL SALE - 12 / Deed 6/29/2000 15,000 EXCHANGE FOR OTHER PROPERTY (TRADE) - PRIOR 09 / Deed 12/19/199711,000 M/E VACANT LOTS - PRIOR 09 / Deed Acres 5,290 0 None ASSESSED VALUES/CREDITS Year Class 2014 100% Value Land Taxable Value 5,290 Land Dwelling 0 R Building M/E Total Acres 0 0 5,290 0 5,290 Dwelling 0 Building M/E Total 0 0 5,290 TAX INFORMATION ASSESSMENT YEAR 2013 PAYABLE 2014/2015 Year Class 2013 R 100% Value Land Dwelling Building M/E Total Acres 5,290 0 0 0 5,290 0 Taxable Value Land Land Dwelling Building M/E Total 2,878 0 0 0 2,878 2,794 (Business Property Tax TAX INFORMATION ASSESSMENT YEAR 2013 PAYABLE 2014/2015 Year Class 2012 R Gross Value 100% Value Land Dwelling Building M/E Total Acres 5,290 0 0 0 5,290 0 Taxable Value Land 0 Dwelling Building M/E Total 2,794 0 0 0 2,794 (Business Property Tax TAX INFORMATION ASSESSMENT YEAR 2013 PAYABLE 2014/2015 Tax District 940001 - WATERLOO Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 5,290 2,878 0 41.40455 $119.16 $120.00 Nocorp 0 0 0 0 $0.00 Homestead (Disabled Veteran (Property Tax Relief IAg (Business Property Tax http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=881303428003 9/5/2014 Black Hawk County Detailed Parcel Report Page 2 of 2 LEGAL IHAMMOND HILLS SIXTH ADDITION LOT 145 D Basis Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp 0 11700 $0.00 LEGAL IHAMMOND HILLS SIXTH ADDITION LOT 145 D Basis Front Rear Side 1 Side 2 Lot rea Cres Front Foot 90 90 130 130 0 11700 0.269 11700 0.269 Totals: [Entry Status: http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=881303428003 9/5/2014 Page 1 of 2 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAXINFORMATIONORMATION Deed Holder Tax Mail HAMMOND HILLS DEVELOPMENT L L HAMMOND HILLS DEVELOPMENT L L 8813-03-428-004 c C PO BOX 2082 WATERLOO, IA 50704-0000 Parcel ID PDF No. 5 Ma• Area SWTLO-03 Pro • ert Address 00000 00000-0000 Contract Bu er Current Recorded Transfer Date Drawn Date Filed Recorded Document 2/6/2014 2/12/2014 2014 015112 T D SALES Date 2/6/2014 6/29/2000 Amount 12/19/1997 0 15,000 11,000 NUTC I Type MULTIPLE PARCEL SALE - 12 / Deed EXCHANGE FOR OTHER PROPERTY (TRADE) - PRIOR 09 / Deed VACANT LOTS - PRIOR 09 / Deed BUILDING PERMIT None ASSESSED VALUES/CREDITS Year 2014 100% Land Value 5,290 'Dwelling 0 Taxable Land Value Year 2013 5,290 Dwelling 0 (Class R 'Building 0 (Building 0 (M/E otal pocres 10 5,290 'Total 0 5,290 M/E 100% Value Land 5,290 Dwelling Taxable Land Value Year 2012 2,878 (Dwelling I0 'Class R (Building 0 Building 0 'M/E 0 otal 5,290 M/E 0 (Acres 0 rotal 2,878 100% Value Land 'Dowelling 5,290 Taxable Value Land 2,794 (Dwelling 0 'Class R 'Building 0 'Building 0 'MIE 0 Total rocres 5,290 M/E 0 TAX INFORMATION ASSESSMENT YEAR 2013 PAYABLE 2014/2015 Tax District 940001 - WATERLOO Corp Nocorp Gross Value 5,290 0 axable Value Military Exemption 2,878 0 0 0 Homestead ( Disabled Veteran (Property Tax Relief 'Total 2,794 Levy Rate Gross Tax Net Tax 1.40455 $119.16 $120.00 0 $0.00 g (Business Property Tax http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet. asp?apn=8813 03428004 9/5/2014 Black Hawk County Detailed Parcel Report Credit Corp $0.00 Nocorp Credit $0.00 Credit $0.00 Credit Credit $0.00 $0.00 Page 2 of 2 I $0.00 LEGAL IHAMMOND HILLS SIXTH ADDITION LOT 146 Basis Front Foot Front 90 Totals: Entry Status: http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=881303428004 9/5/2014 Side 1 130 Side 2 130 tot lArea 11700 11700 cres 0.269 0.269 Rear 90 Entry Status: http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=881303428004 9/5/2014 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8813-03-428-005 HAMMOND HILLS DEVELOPMENT L L C HAMMOND HILLS DEVELOPMENT L L C PO BOX 2082 WATERLOO, IA 50704-0000 PDF No. Map Area Contract Buyer 5 SWTLO-03 6/29/2000 Property Address EXCHANGE FOR OTHER PROPERTY (TRADE) - PRIOR 09 / Deed 0 Current Recorded Transfer 0 00000 00000-0000 Date Drawn Date Filed Recorded Document Type 2/6/2014 2/12/2014 2014 015112 D DING PERMIT I .„"� II - - Date AmountNUTC / Type Land None 2/6/2014 0 MULTIPLE PARCEL SALE - 12 Deed / 6/29/2000 15,000 EXCHANGE FOR OTHER PROPERTY (TRADE) - PRIOR 09 / Deed 0 12/19/199711,000 0 VACANT LOTS - PRIOR 09 / Deed Land ASSESSED VALUES/CREDITS Year Class 2014 100% Value Taxable Value Land 5,290 Land Dwelling 0 R Building M/E Total Acres 0 0 5,290 0 Dwelling Building 5,290 0 0 M/E 0 Total 5,290 Year Class 2013 R 100% Value Land Dwelling Building M/E Total Acres 5,290 0 0 0 5,290 0 Taxable Value Land 0 Dwelling Building M/E Total 2,878 0 0 0 2,878 Year Class 2012 R 100% Value Land Dwelling Building M/E Total Acres 5,290 0 0 0 5,290 . 0 Taxable Value Land 0 Dwelling Building M/E Total 2,794 0 0 0 2,794 TAX INFORMATION ASSESSMENT YEAR 2013 PAYABLE 2014/2015 Tax District 940001 - WATERLOO Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 5,290 2,878 0 41.40455 $119.16 $120.00 Nocorp 0 0 0 0 $0.00 Homestead Disabled Veteran (Property Tax Relief lAg (Business Property Tax I http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=881303428005 9/5/2014 Black Hawk County Detailed Parcel Report Page 2 of 2 LEGAL 'HAMMOND HILLS SIXTH ADDITION LOT 147 LAND Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp 0 11700 $0.00 otals: LEGAL 'HAMMOND HILLS SIXTH ADDITION LOT 147 LAND (Entry Status: http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=881303428005 9/5/2014 Front Rear Side 1 Side 2 Lot Area Acres Front ITBasis Foot 90 90 130 130 0 11700 0.269 otals: 11700 0.269 (Entry Status: http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=881303428005 9/5/2014 Black Hawk County Detailed Parcel Report Page 1 of 2 BUILDING PERMIT BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8813-03-428-006 HAMMOND HILLS DEVELOPMENT L L C HAMMOND HILLS DEVELOPMENT L L C PO BOX 2082 WATERLOO, IA 50704-0000 PDF No. Map Area Contract Buyer 5 SWTLO-03 0 Property Address 5,290 0 Current Recorded Transfer Land 00000 00000-0000 Date Drawn Date Filed Recorded Document Type 2/6/2014 2/12/2014 2014 015112 D BUILDING PERMIT ESSED VALUES/CREDITS Year Class Date Amount NUTC / Type None 2/6/2014 0 MULTIPLE PARCEL SALE - 12 / Deed 6/29/2000 15,000 EXCHANGE FOR OTHER PROPERTY (TRADE) - PRIOR 09 / Deed 12/19/199711,000 0 VACANT LOTS - PRIOR 09 / Deed ESSED VALUES/CREDITS Year Class 2014 R 100% Value Land Dwelling Building M/E Total Acres 5,290 0 0 0 5,290 0 Taxable Value Land Dwelling Building M/E Total 5,290 0 0 0 5,290 Year Class 2013 R 100% Value Land Dwelling Building M/E Total Acres 5,290 0 0 0 5,290 0 Taxable Value Land Dwelling Dwelling Building M/E Total 2,878 0 0 0 2,878 Year Class 2012 R 100% Value Land Dwelling Building M/E Total Acres 5,290 0 0 0 5,290 0 Taxable Value Land Dwelling Building M/E Total 2,794 0 0 0 2,794 TAX INFORMATION ASSESSMENT YEAR 2013 PAYABLE 2014/2015 Tax District 940001 - WATERLOO Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 5,290 2,878 0 41.40455 $119.16 $120.00 Nocorp 0 0 0 0 $0.00 Homestead 'Disabled Veteran 'Property Tax Relief 'Ag 'Business Property Tax I http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=881303428006 9/5/2014 Black Hawk County Detailed Parcel Report Page 2 of 2 LEGAL HAMMOND HILLS SIXTH ADDITION LOT 148 LAND Basis Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp 0 11700 $0.00 Totals: LEGAL HAMMOND HILLS SIXTH ADDITION LOT 148 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front Foot 90 90 130 130 0 11700 0.269 Totals: 11700 0.269 Entry Status: http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=881303428006 9/5/2014 CITY OF WATERLOO Council Communication City Council Meeting: September 15, 2014 Prepared: September 10, 2014 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Resolution cancelling a weed assessment for 1900 W. 11`' Street. Submitted by: Suzy Schares, City Clerk/HR Director Recommended City Council Action: Pass resolution approving cancellation of weed assessment in the amount of $171.25. Summary Statement: Expenditure Required: none Source of Funds Policy Issue Alternative Background Information: Property is in foreclosure. rs (4. Gs —i rri 3 0 z T. zrj Z DIJ00 —I:00 m c r 7.7 ozm--4 kHz rn D 01M D -C �n<�r 0 0 r S.1903 12 1S3H31N1 D 0 C z H 9:1 --WEEDS CERT# 1.4 2014-01 171. 25 IMPORTANT INFORMATION Interest begins on the first of the month following due date at rate of 1 1/2% per month and is rounded to the nearest whole dollar with one ,dollar minimum. Rita M. Schmidt, Treasurer Black Hawk County, Iowa (319) 833-3013 cncnm�OOD D .43 ....i O' m o r 'i 1 z 0 0 x co 0 F 0 lU o ,..- Ln L E JNPLATTED WEST N 100 Fr S 357 FT W 1.5(1.5L F� T E 181.5 FT SW SW SW SEC 36 1 89 R 13 PARCEL NUMBER: 8913-36-354-020 # 31b'C1d11H3C 3dA11VI33dS SCE13M---T6 # IN3WAtld 0. H m 'ON 13OlJVd Z D C0 7 " N M rnw ,-- 7> rn y r.- (15 7 N v - ccs —1W �a P m d C • O -, • j CO • O r m ti ti 44, 1ittl I KIllAlqgqqcni 7\OI171,1P :rl I 1'151HAHr1 q`,11:11 -r1 1NVlAI Prepared by DeAnne Kobliska, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-798 RESOLUTION APPROVING ABATEMENT OF ASSESSMENT FOR PROPERTIES LOCATED AS FOLLOWS IN THE CITY OF WATERLOO, IOWA. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following assessments are and the same is hereby abated: Parcel No. 8913-03-428-002 (Ravenwood Cir/Ravenwood Rd) Hammond Hills Sixth Addition, Lot 144, all in the City of Waterloo, Black Hawk County, Iowa. Parcel No. 8913-03-428-003 (Ravenwood Cir/Ravenwood Rd) Hammond Hills Sixth Addition, Lot 145, all in the City of Waterloo, Black Hawk County, Iowa. Parcel No. 8913-03-428-004 (Ravenwood Cir/Ravenwood Rd) Hammond Hills Sixth Addition, Lot 146, all in the City of Waterloo, Black Hawk County, Iowa. Parcel No. 8913-03-428-005 (Ravenwood Cir/Ravenwood Rd) Hammond Hills Sixth Addition, Lot 147, all in the City of Waterloo, Black Hawk County, Iowa. Parcel No. 8913-03-428-006 (Ravenwood Cir/Ravenwood Rd) Hammond Hills Sixth Addition, Lot 148, all in the City of Waterloo, Black Hawk County, Iowa. Parcel No. 8913-36-354-020 (1900 W 11th Street) That part of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of Section No, Thirty- six (36), Township No, Eighty-nine (89) North, Range No, Thirteen (13) West of the Fifth (5th) Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, lying within the following described boundaries: Commencing at a point which is Thirty (30) feet West of the East line of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of said Section and Two Hundred Twenty-seven (227) feet North of the North line of Ridgeway Avenue; thence North along a line which is parallel with the East line of the Southwest Quarter of the Southwest Quarter of the Southwest Quarter of said Section a distance of One Hundred (100) feet; thence West along a line which is parallel with the South line of said Section a distance of One Hundred Fifty-one and one-half (151 1/2) feet to a point which is Four Hundred Seventy-eight and five - tenths (478.5) feet East of the West line of said Section; thence South along a line Resolution No. 2014-798 Page 2 which is parallel with the West line of said Section a distance of One Hundred (100) feet; thence East a distance of One Hundred Fifty-one and one-half (151 1/2) feet to the point of beginning, Subject to easements, restrictions, covenants, ordinances and limited access provisions of record. 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 15th day of September, 2014. ATTEST: L,...../Z_A-- Suzy Schaes, CMC City Cler Erest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: September 15, 2014 Prepared: September 10, 2014 Dept. Head Signature: Joe Leibold, Police Captain # of Attachments: Two SUBJECT: Splash of Color (SOC), Breast Cancer Support Group 4th Annual 3K Walk Submitted by: Joe Leibold Captain (Waterloo Police) Recommended City Council Action: Approve the 3K route, use of City Barricades, street closures, and police officers for traffic control as needed. Summary Statement: Saturday, October 116, 2014 the SOC Breast Cancer Support Group is requesting to hold the 4th Annual 3K Walk. This is a fundraiser to provide additional program and services for women of color who are newly diagnosed with cancer. The route is attached. Registration begins at 7:30 in Sullivan Park with the walk starting at 8:15. They are expecting 100- 200 participants and request street closures for approximately 60 minutes. Expenditure Required: Labor costs associated with providing the traffic control/protection, labor to deliver and retrieve City barricades and fuel costs associated with the listed operations. Source of Funds: General Policy Issue: N/A Alternative: Background Information: Splash of Color (SoC) Breast Cancer Support Group 4TH ANNUAL FUNDRAISER 3K WALK SATURDAY, OCTOBER 11, 2014 7:30 A.M., SULLIVAN PARK, WATERLOO $18 ADULT, $10 STUDENT Sponsors: Your tax deductible donation of $100 or more wilt get your name on the back of the event T -Shirt. Make Check Payable to/Mail to: BPT-Splash of Color, 541 Sherman Avenue, Waterloo, IA 50703 b/4 10/4/14. Contact: Mrs. Cathy Ketton at 319/493-8857 for more information. Pick up your registration form here or call the number above to request your registration form. THERE WILL BE A $1 RAFFLE, BAKED GOODS, AND ITEMS FOR PURCHASE AT THE WALK. eweN St 'tirecy 51. obstor St Tn. CO Head Pilgrim RRst xch tY It rt Adams SI Quincy SI Webster St Adams SI sr, X" N rn z C im m a Cottage St 0) Antoci.' Baptist Church r Oiled(' SI Quinn y S1 Webster Si twit C rn Baptist Adams St Collage Si Cternog am Schocl-Exceaenc: A 50 Newel' St rimer mit Jesse Cosby Neighborhood • Center Qnerda St Webster Adams: Sumner Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-799 RESOLUTION GRANTING REQUEST OF SPLASH OF COLOR BREAST CANCER SUPPORT GROUP FOR A VARIANCE TO ORDINANCE NO. 3094, NOISE ORDINANCE. WHEREAS, the Splash of Color Breast Cancer Support Group is requesting a variance to the Noise Ordinance on October 11, 2014 from 7:30 a.m. to 10:30 a.m., in conjunction with the 4th Annual Fundraiser 3K Walk event to begin and end at Sullivan Park, including a DJ and the use of a bullhorn, and WHEREAS, said event will exceed the limits of Ordinance No. 3094, Noise Ordinance, and WHEREAS, said Splash of Color Breast Cancer Support Group has made formal application for a variance on October 11, 2014 from 7:30 a.m. to 10:30 a.m., in conjunction with the 4th Annual Fundraiser 3K Walk event to begin and end at Sullivan Park, including a DJ and the use of a bullhorn, together with the 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 Splash of Color Breast Cancer Support Group for a variance to Ordinance No. 3094, Noise Ordinance, on October 11, 2014 from 7:30 a.m. to 10:30 a.m., in conjunction with the 4th Annual Fundraiser 3K Walk event to begin and end at Sullivan Park, including a DJ and the use of a bullhorn, be and the same hereby granted. PASSED AND ADOPTED this 15th day of September, 2014. ATTEST: Suzy Scha es, CMC City Cler Ernest G. Clark, Mayor APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S PHONE #: � / �9 ANTICIPATED DA 1'E OF VARIANCE: 114 j //AI 1.2/ NAME OF EVENT: 50511 f, C (� ,Z4 K 1 rzti5e (LI TIMES OF DAY OF VARIANCE: P,'11..) Om , Icon,/ GEOGRAPHICAL LOCATION OF VARIANCE: VSA ark //4 /ob DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: 0 [-;2.1' 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. 5) e -Cher ,(*))1-1 cr r f.5 -6'Y II1kII<) Sia 114h a zyi /f LL w 1` 1 (I V bec i f '} (i) F(1 (r o,t1'1 i! a c �'1 Ai); 1 I 3 /,I f .b45f peepeey -ix(v ivnrs cic rT'c L M- U e Lkp C n5 r f pat'' LA,h3 G Coo (u . CITY COUNCIL ACTION: APPROVAL: q- /5 DENIAL: C J e kcal -as -$ Applican Date Signature 2S111 Police Dept. Recommendation APPROVAL: DENIAL: DECIBEL LEVEL: It_ Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-800 RESOLUTION APPROVING REQUEST OF SPLASH OF COLOR BREAST CANCER SUPPORT GROUP TO HOLD THE 4TH ANNUAL FUNDRAISER 3K WALK EVENT ON OCTOBER 11, 2014. WHEREAS, the Splash of Color Breast Cancer Support Group has requested that they be allowed to hold the 4th Annual Fundraiser 3K Walk event on October 11, 2014, and WHEREAS, said event will begin at 7:30 a.m., with the route to start and end at Sullivan Park. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of Splash of Color Breast Cancer Support Group to hold the 4th Annual Fundraiser 3K Walk event on October 11, 2014 beginning at 7:30 a.m., with the route to start and end at Sullivan Park, be and the same is hereby approved. PASSED AND ADOPTED this 15th day of September, 2014. Ernest G. Clark, ayor ATTEST: Suzy Schaes, CMC City Clerk APPLICANT'S NAME: APPLICATION FOR VARIANCE TO NOISE ORDINANCE 1, ‘4)AeL y:(Q•s:GA.J APPLICANT'S ADDRESS: ` � Q J t r l �L; -t\\ • t F, i.,,, � ,L,Gt�i,l %✓L 1 APPLICANT'S PHONE #: �'� `� ` tt Ac-' 1 I ANTICIPATED DA 1.h, OF VARIANCE: () c ck y 4 -1 -t -k i Ao l NAME OF EVENT: COocx ` , TIMES OF DAY OF VARIANCE: (` % ) 0 Gj 441 0 ( 4 GEOGRAPHICAL LOCATION OF VARIANCE: ) `C: (---_-2 cr ckk_u4 \ av \..2k \I ,,-- (z-ya.o..)r- , DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: �" 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. \\N\AL\kk_i•Jd- \e ---AN) N...Q ---fi \..t k/NP •,_\ ---- (1\-A r •:La. -71 lk ( \IN) `Q' -.L--1•-• r - v 0 , cx.. 4) &I' -'D tru, ,,_t)--•\ el ` `f- i~N jj `mow ,.v pplicant's Signature Date CITY COUNCIL ACTION: Police Dept. Recommendation APPROVAL: C " 15 - ( `- APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: 5o Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-801 RESOLUTION GRANTING REQUEST OF JEANNETTE MUKAYISIRE REPRESENTING AMANI COMMUNITY SERVICES FOR A VARIANCE TO ORDINANCE NO. 3094, NOISE ORDINANCE. WHEREAS, Jeannette Mukayisire representing Amani Community Services is requesting a variance to the Noise Ordinance on October 4, 2014 from 1:00 p.m. to 6:00 p.m., in conjunction with a fundraising event to be held at Lincoln Park, including entertainment, and WHEREAS, said event will exceed the limits of Ordinance No. 3094, Noise Ordinance, and WHEREAS, Jeannette Mukayisire representing Amani Community Services has made formal application for a variance on October 4, 2014 from 1:00 p.m. to 6:00 a.m., in conjunction with a fundraising event to be held at Lincoln Park, including entertainment, together with the 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 Jeannette Mukayisire representing Amani Community Services for a variance to Ordinance No. 3094, Noise Ordinance, on October 4, 2014 from 1:00 p.m. to 6:00 p.m., in conjunction with a fundraising event to be held at Lincoln Park, including entertainment, be and the same hereby granted. PASSED AND ADOPTED this 15th day of September, 2014. ATTEST: Suzy Scha City Clerk Ern-st G. Clark, Mayor TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 FY _2015_ BUDGETED c.) EXPENDED YTD 3,75C: ` THIS REQUEST /,/e LEFT AFTER THIS REQUEST Jf 60(1 DATE .711L) 5-;.Z.5-/ Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Officer Christopher Gergen DATE: August 29, 2014 NAME OF CLASS / MEETING: Defensive Tactics Instructor Recertification DESTINATION: Johnston, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: November 19, 2014 Return Date: November 19,2014 DATE(S) OF MEETING: Nov. 19, 2014 PURPOSE OF TRAVEL: Lt Krogh is requesting authorization to send Officer Christopher Gergen to the Defensive Tactics Instructor Recertification Course being held at the Iowa Law Enforcement Academy on November 19, 2014 in Johnston, Iowa. This 1- day class is designed to recertify Officers who currently hold certification as a Defensive Tactics Instructor. Officer Gergen is a defensive tactics instructor for the Waterloo Police Department and currently trains the other Officers of the Waterloo Police Department in this field. This course is a mandatory course for Officer Gergen to maintain his certification. A city vehicle will be required to drive to the training location. The only cost will be registration and lunch. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: $0.00 LODGING Rental car $15.00 MEALS PARKING $125.00 REGISTRATION AIRFARE $0.00 MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 140.00 BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 140.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD Z9 DATE I APPROVE THIS TRAVEL REQUEST MAYOR DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY ;;Iii BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY /161 /3 /67aa' ;71P 7 %3 ;2v i1' Copy - Department NAME(S) AND POSITION(S): Todd Henrich, Building Maintenance DATE: 9/3/14 NAME OF CLASS / MEETING: 8 -Hour Plumbing Update (Intro to OSHA; Plumbing Code Update; Plumbing Discipline DESTINATION DEPARTURE POINT IF NOT WATERLOO: Hawkeye Community College DEPARTURE DATE: 10/17/14 RETURN DATE: 10/17/14 DATE(S) OF MEETING: 10/17/14 PURPOSE OF TRAVEL/TRAINING Required CEU WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES X COST $ NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: LODGING MEALS 227.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 227.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-22-8800-1346 GRANT REIMBURSABLE YES NO YES NO TOTAL: $ 227.00 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 MAYOR 9'7/ 5//fl/ DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED 010 02 8100 1346 BUDGETED EXPENDED YTD 3/a 35 THIS REQUEST LEFT AFTER THIS REQUEST /02oZ DATE ?vf Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): David Jones, City Council DATE: 9/9/2014 NAME OF CLASS / MEETING: League of Cities Annual Conference DESTINATION: Council Bluffs, IA DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 9/24/2014 RETURN DATE: 9/26/2014 DATE(S) OF MEETING: 9/24/2014-9/26/2014 PURPOSE OF TRAVEL/TRAINING: Attend League of Cities Annual Conference WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: x CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 240.00 LODGING TAXI 75.00 MEALS PARKING 250.00 REGISTRATION AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 565.00 BUDGET LINE ITEM: 010 02 8100 1346 x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 565.00 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 X,(1 MA OR DATE CITY OF WATERLOO Council Communication City Council Meeting: 9/15/14 Prepared: 9/4/14 Dept. Head Signature: # of Attachments: N/A SUBJECT: Facilities Services Manager, Cultural & Arts Submitted by: Kent Shankle, Cultural & Arts Director Recommended City Council Action: Approval to appoint Brandon Cannon, from the Civil Service list, to the position of Facilities Services Manager at the Waterloo Center for the Arts effective 9/15/14. Summary Statement Expenditure Required: $33,230.00 Source of Funds: Position is budgeted for in the FY15 budget. Policy Issue Alternative Background Information: The Facilities Services Manager is responsible for overseeing and implementing maintenance programs at the Waterloo Center for the Arts and for supervising the facility during evening and weekend hours. This individual is responsible for cleaning and maintaining the facility, opening/closing the building, event set-up/teardown, supervising custodial workers, as well as anticipating and responding to the needs of visitors and rental clients. This is a new position, reporting to the Events Coordinator, created as part of an overall staff restructuring/reduction resulting from changes in event and rental operations at the Center for the Arts. 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 WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT CITY OF WATERLOO Council Communication City Council Meeting: 09/15/14 Prepared: 09/09/14 Dept. Head Signature: # of Attachments: SUBJECT: Clerk I Submitted by: Larry N. Smith, Superintendent WMS Recommended City Council Action: Requesting approval to appoint Laura Wolff to the position of Clerk I at the Waste Management Services Dept. with an effective date of September 16, 2014 Summary Statement: Expenditure Required: Source of Funds: Sewer Policy Issue Alternative Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: September 15, 2014 Prepared: September 9, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Appointment of Frank Frost to the position of Equipment Operator I (Street Department) from the current Civil Service List. This appointment is effective September 22, 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 March 24, 2014 meeting. The Civil Service Commission certified the list for this position at their August 29, 2014 meeting. Expenditure Required: $23.10 per hour Source of Funds: Road Use Tax Policy Issue Alternative Background Information: This vacancy was created by the resignation of an Equipment Operator I in the Street Department (Holder) The Personnel Requisition Committee approved the filling of this position on March 13, 2014. The Human Resource Committee approved the filling of this position on March 24, 2014. The Civil Service Commission certified the list of applicants at their August 29, 2014 meeting. CITY OF WATERLOO Council Communication City Council Meeting: September 15, 2014 Prepared: September 9, 2014 Dept. Head Signature--'�' # of Attachments: SUBJECT: Appointment of Bryan Owens to the position of Equipment Operator I (Street Department) from the current Civil Service List. This appointment is effective September 29, 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 August 18, 2014 meeting. The Civil Service Commission certified the list for this position at their August 29, 2014 meeting. Expenditure Required: $23.10 per hour Source of Funds: Road Use Tax Policy Issue Alternative Background Information: This vacancy was created by the retirement of an Equipment Operator I in the Street Department (S. Rice) The Personnel Requisition Committee approved the filling of this position on August 7, 2014. The Human Resource Committee approved the filling of this position on August 18, 2014. The Civil Service Commission certified the list of applicants at their August 29, 2014 meeting. CITY OF WATERLOO Committee Communication Committee Meeting: September 15, 2014 Prepared: September 4, 2014 Dept. Head Signature: ' L7 eco L y, 0 # of Attachments: 1 SUBJECT: New appointment of Ryan Vestal to the Board of Electrical Examiners and Appeals. Submitted by: Mayor Buck Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Approval • Mr. Vestal is fulfilling the term vacated by John Guy. Term expires 11/1/2014 at which time he will be eligible to serve his first full term. Date: q(21 2-o1 CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION (Name) 1. yi l`%k•-t o E(-Fer -1 bap 2. RECEIVED SEP 3 2014 , request to be appointed to (state preference): Home Phone: (56.) 11-`-12:0° Cell Phone: ( 5tS) - `42c)° Work Phone: ( 511) 2 -;5 - Home Address 32p2 -r Oc bnu,i_ Zip Code ab -1 01 Employer W10ws (^L /0(4 Employer Address ?t,-4 ,F,kgr Title NC -7 'Ai �Q How long have you resided in Waterloo? --1 years List current membership in organizations and offices held: \ c5 Zip Code ' b 7 '3 I am available for meetings: ❑ A.M. Pi P.M. Noon 19' Evenings I am available to serve on a Board/Commission the entire year: ®'Yes ❑ No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: } - \u4) ft T< i ,,f..L.-t7 A5 AP -1 t-Ec7l cL, ..4 � (` p \ IN DITs UI'tnu e rr.. 'vr. C,NItst-r:.;_A c_c).L.L.O(cRFE \0P -t) f\N e ( c,, ? t ,r, Uci/t4G(_ ci,or;tZ fAx-T,n4'E/L fZ lHH1-1451- 4, .`(c-c+-45 5Sir; Additional information and comments that may not be evident from information already on this form: References (include phone numbers):NI i kG 1�R.o(4,04- ( II) 23 S --o 6S-0 1)Ar.1 C+16/JNG - (3i9) 23y- r5 t5 DPrv,ti) KuWta ('MI5\ 730 - 2.1a� I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. Signature 1 RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; EMAIL: mayort@waterloo-ia.orq; PHONE 291-4301 Rev 04/14/2014 CITY OF WATERLOO Council/Committee Communication Committee Meeting: Prepared: Dept. Head Signature: # of Attachments: 1 September 15, 2014 September 4, 2014 (,,e SUBJECT: New appointment of Pat Becker to the Metropolitan Transit Authority Board. Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: • Mr. Becker fulfills the term vacated by Akela McDonald expiring June 30, 2017, and at which time he is eligible to serve his first full term. 09/08/2014 11:29 FAX 319 883 3519 NORTH STAR HIP CITY OF WATERLOO, IOWA BOARDS & COMMISSIONS APPLICATION Date: 0 5 ! I l rt REC 40002/0002 SEP 082014 , request to be appointed to (state preference): ame) p 1. IA/vet- 1 t2rl') I7©0 2. Home Phone: r 1 A Cell Phone: (31 I) Z L 1 _q' `I iC Work Phone: (3Ji ) 2 3(5-3 i ' ) Home Address J x765 Loci ANT -L. vJd- ra, "A Zip Code 5b'16 7 -- Employer N.fo r"h ,S -f ,! (o v.0- .Sex -1)+(4s Title Assisi-. N rrcz Y Employer Address 31.2-(e, 0-Ch-t'hin ' WtdtTU -TZip Code 6-6r16)--- How —b'1bHow long have you resided in Waterloo? 3- years List current membership in organizations and offices held: I am available for meetings: L7 R.M. E1 P.M. l loon D Evenings I am available to serve on a Board/Commission the entire year: Ves E No If no, list months not able to serve: Briefly explain your qualifications for appointment to a designated Board/Commission: til try kt p( (, h t t2i r u - �2 +�vv Cis 4`f E'l.Gl 3 ,�e.) Vjt jt w Ld-L rvv_-rAcI„n i• 1 _be ( -t-ice,/, fie,/, 5 t ctt . r C6+ �+ 5t:c .2rV dr � T- 5 4 13 r G'^ Additional information and comments that may not be evident from information already on this form: References (include phone numbers): AA&Vj 11J6;v\ C I (311 ) t{'31i - 2 J 3 b IfVLc.1-K W►-i-vv-ev- (3)1) Z3tf- loJ Pk14 (31,9 a3 - A_0 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one calendar year from above date. Signature 1 RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 Rev04142014 FAX 291-4286; EMAIL: mavor@waterioo-Ia.orq;•PHONE 291-4301 CITY OF WATERLOO, IOWA CITY ATTORNEY'S OFFICE 715 vi jlberry Street • Waterloo, IA 50703 • (319) 291-4327 Fax (319) 291-4286 September 10, 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 September 10, 2014. Of the 2 bonds submitted, 2 were approved and ` were rejected, as shown on the attached list. Ve truly yours, R. Ze lhoefer _\ssistant City Attorney )RZ:sda CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer BONDS FOR COUNCIL APPRO `iL SEPTEMBER 15, 2014 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/2015) 106144049 IA 599672 RYAN COMPANIES US, INC WILLIAMS CONSTRUCTION & HANDYMAN SERVICES AMOUNT $5,000.00 MINNEAPOLIS, MN CEDAR FALLS, IA CITY OF WATERLOO Council Communication City Council Meeting: August 25, 2014 Prepared: August 14, 2014 Dept. Head Signature:CtyL # of Attachments: SUBJECT: Request the City Council adopt resolutions to preliminarily approve the request for the bid document and specifications for one (1) Automated Side -Load garbage truck and to instruct the City Clerk to publish notice of hearing on bid document, specifications etc, as September 15, 2014 with bid opening on September 11, 2014 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approve Summary Statement: N/A Expenditure Required: Est $227,000 Source of Funds: 525-15-5400-2117 Policy Issue: NA Alternative: NA Background Information: Request Council adopt resolutions to set date of hearing for the purpose of purchasing one (1) Automated Side -Loading garbage route truck. Purchase of One (1) Automated Side -Load Garbage Truck September 11, 2014 Bid Tab Estimate: $ Bid Security Not Required Bidder Truck / Chassis Mfg Packer Mfg Bid Amount Cedar Rapids Truck Center Peterbilt 320 Wayne Mfg $226,500 9201 6th Street SW New Way $222,907 Cedar Rapids, IA Labrie $239,905 Twin Bridges Mack Mack LEU613 Kann $224,844 2250 W. 76th Street Davenport, IA Purchase of One (1) Automated Side -Load Garbage Truck September 11, 2014 Bid Tab Estimate: $ Bid Security Not Required Bidder 0061)./ Bid Amount Cedar Rapids Truck Center, Inc. 9201 6th Street SW1 Cedar Rapids, IA 52046 pp` °Z I q0 7 . 017 0 kefti 5 °Twin Bridges 2250 W. 76th Street Davenport, IA 52806 92+ R 4f STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of bids for the PURCHASE OF ONE (1) AUTOMATED SIDE -LOAD GARBAGE TRUCK Sealed bids must be received by the City Clerk of the City of Waterloo at her office at City Hall, 715 Mulberry Street, Waterloo, Iowa 50703 no later than Thursday, September 11, 2014 at 1:00 p.m., at which time bids will be opened in the First Floor Conference Room at City Hall, for the purchase of One (1) Automated Side -Load Garbage Truck. Notice is hereby given that the Council of the City of Waterloo will conduct a public hearing on the proposed specifications, bid document, etc. for the purchase of One (1) Automated Side -Load Garbage Truck at 5:30 p.m. on September 15, 2014, in the Harold E. Getty Council Chambers in the City Hall in the City of Waterloo, Iowa. The proposed bid form is on file in the office of the City Clerk for public examination. A bid document may be obtained from the Public Works Director, 625 Glenwood Street, Waterloo, Iowa, 50703. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 25th day of September, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing & Notice to Bidders: Purchase of 1 Automated Side -load Garbage Truck Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 28th day of August, 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 $17.82 L/C\ L'Il (& ( Signed Subscribed and sworn to before me this ' —7 Day of c k QA A.D., 20 dDcLtE YYV/&ivjlw Received of Notary Public the sum of Dollars. In full for publication of the above notice. JODI E MCKINSTR 5" COMMISSION NO.782413 MY COM 4S ES Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-802 RESOLUTION CONFIRMING APPROVAL OF SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE PURCHASE OF ONE (1) AUTOMATED SIDE -LOAD GARBAGE TRUCK. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Public Works Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of One (1) Automated Side -Load Garbage Truck, in the City of Waterloo, Iowa, and WHEREAS, said Public Works Director did file said preliminary specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of One (1) Automated Side -Load Garbage Truck, which were preliminarily approved by Resolution No. 2014-743 on August 25, 2014, and WHEREAS, a public hearing, upon notice, was held on September 15, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of One (1) Automated Side -Load Garbage Truck, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 15th day o September, 2014. Erns G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-803 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE PURCHASE OF ONE (1) AUTOMATED SIDE -LOAD GARBAGE TRUCK. WHEREAS, by Resolution No. 2014-802, specifications, bid document, form of contract, etc., in conjunction with the Purchase of One (1) Automated Side -Load Garbage Truck, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on September 15, 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 15th day of September, 2014. ATTEST: buzy Schar_s, CMC City Clerk ,ApLe4--7 46, Ernest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: August 25, 2014 Prepared: August 20, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4 CONTRACT NO. 864 Submitted by: W. Wayne Castle, PLS, EI, Associate Engineer Recommended City Council Action: It is recommended that council set the date of hearing as September 15, 2014 on this project. Summary Statement Transmitted herewith are the proposed schedule of assessments, plats, and breakdown of project costs on the F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4, Contract No. 864. Expenditure Required N/A Source of Funds Property owner assessments Policy Issue N/A Alternative N/A Background Information: Cc: Rudy Jones, Community Development Director Mike Heerkes, Draftsperson STATE OF IOWA, } Black Hawk County, SS F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM — ZONE 4 (CONTRACT NO. 864) NOTICE TO PROPERTY OWNERS Notice is hereby given that there is now on file for public inspection in the office of the Clerk of the City of Waterloo, Iowa, a proposed Resolution of Necessity, an estimate of costs and plat and schedule showing the amounts proposed to be assessed against each lot and the valuation thereof within the District as approved by the Council of Waterloo, Iowa, for a sidewalk improvement, designated as the Waterloo, Iowa, F.Y. 2015 Sidewalk Repair Assessment Pro- gram — Zone 4, Contract No. 864, of the type and in the location as follows: WATERLOO, IOWA, F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM — ZONE 4, CONTRACT NO. 864 Construction of municipal sidewalk repair work, together with necessary related work, at various locations throughout the City. The exact locations are set out in detail in the preliminary assessment plat on file in the office of the City Clerk, and said plat by this reference is made a part hereof. That the proposed District to be benefited and subject to assessment for the cost of such improvements is described as follows: All properties, any part of which is included within the areas located along the streets and avenues to be improved and generally described so as to include all privately owned and assessable property abutting the sidewalks to be repaired, as more particularly shown on the assessment plat on file in the City Clerk's office. (Waterloo, Iowa, F.Y. 2015 Sidewalk Repair Assessment Program — Zone 4, Contract No. 864 The Council will meet at 5:30 o'clock p.m., on the 15th day of September, 2014, at the City Hall Council Chambers, 715 Mulberry Street, Waterloo, Iowa, at which time the owners of property subject to assessment for the proposed improve- ments, or any other person having an interest in the matter may appear and be heard for or against the making of the improvement, the boundaries of the District, the cost, the assessment against any lot, tract or parcel of land, or the final adoption of a Resolution of Necessity. A property owner will be deemed to have waived all objections unless at the time of hearing he he has filed objections with the Clerk. This Notice is given by authority of the Council of the City of Waterloo, Iowa. Suzy Schares City Clerk Waterloo, Iowa I do solemnly swear that the annexed copy of legal City of Waterloo Contract No. 864 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once a week for two consecutive weeks commencing on the 4th day of September, 2014 in the issues of September 4, 2014 September 11, 2014 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 $52.73 C3-.6aiike,//) Signed Subscribed and sworn to before me this act Day of A.D., 20 `t Received of the sum of Dollars. In full for publication of the above notice. JODI E NM.CKUNSTRY COMMISSION NO.782413 ., at' -S MY COM `+.# %,_ Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-804 RESOLUTION WITH RESPECT TO THE ADOPTION OF THE RESOLUTION OF NECESSITY PROPOSED FOR THE WATERLOO, IOWA, SIDEWALK ASSESSMENTS IN CONJUNCTION WITH THE F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4, CONTRACT NO. 864. WHEREAS, this Council has proposed a Resolution of Necessity for the Waterloo, Iowa, Sidewalk Assessments in conjunction with the F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864 and has given notice of the public hearing thereon as required by law; and WHEREAS, the public hearing has been held, all persons offering objections have been heard and consideration given to all objections and is pending before this Council; and WHEREAS, this is the time and place set as provided for the taking of action on the proposed Resolution of Necessity. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: That the proposed Resolution of Necessity described above is hereby adopted, as proposed, and all objections filed or made having been duly considered. PASSED AND ADOPTED this 15th day of September, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-805 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4, CONTRACT NO. 864. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the City Engineer of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said preliminary plans, specifications, form of contract, estimate of cost, etc. in conjunction with the F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, which were preliminarily approved by Resolution No. 2014-751 on August 25, 2014, and WHEREAS, a public hearing, upon notice, was held on September 15, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. in conjunction with the F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 15th day of September, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch:res, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-806 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4, CONTRACT NO. 864. WHEREAS, by Resolution No. 2014-805, plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on September 15, 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 project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 15th day of September, 2014. est G. Clark, Mayor ATTEST: cLe Suzy Schar s, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: September 15, 2014 Prepared: September 10, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4 AWARDING OF CONTRACT Contract No. 864 Submitted by: Wayne Castle, PLS, EI, Associate Engineer Recommended City Council Action: After review of the bids, it is being recommended that the award of the contract be made to Midwest Concrete, Inc. of Peosta, Iowa in the amount of $241,991.09. Summary Statement Bids were received and opened on September 11, 2014, and read at the City Council meeting on September 15, 2014, for the F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4, Contract No. 864, with Midwest Concrete, Inc. of Peosta, Iowa, as the apparent low bidder. The Contracts and Grants Coordinator has reviewed the items relating to the 2014 Contract Compliance Program requirements and determined that the requirements have been met. Expenditure Required Source of Funds property owner assessments Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director F.Y. 2015 Sidewalk Repair Assessment Program — Zone 4, Contract No. 864 September 11, 2014 Bid Tab Estimate: $261,979.08. Bid Security Required Bidder Bid Security Bid Amount Midwest Concrete, Inc. 16869 Navarre Court Peosta, IA 52068 5% $241,991.09 Mike Dolan Concrete & Masonry, Inc. 1140 Fairchild St, Waterloo, IA 50703 5% $281,633.70 F.Y. 2015 Sidewalk Repair Assessment Program — Zone 4, Contract No. 864 September 11, 2014 Bid Tab Estimate: $261,979.08. Bid Security Required Bidder Bid Security Bid Amount Midwest Concrete, Inc. 16869 Navarre Court Peosta, IA 52068 o 5% ��/ �,�� , v q Mike Dolan Concrete & Masonry, Inc. 1140 Fairchild St, Waterloo, IA 50703 5% AE/ 6,3, 70 l Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-807 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO MIDWEST CONCRETE, INC. OF PEOSTA, IOWA, IN THE AMOUNT OF $241,991.09, AND APPROVING CONTRACT, BONDS AND CERTIFICATE OF INSURANCE IN CONJUNCTION WITH THE F.Y. 2015 SIDEWALK REPAIR ASSESSMENT PROGRAM - ZONE 4, CONTRACT NO. 864. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds and Certificate of Insurance with Midwest Concrete, Inc. of Peosta, Iowa, in the amount of $241,991.09, in conjunction with the F.Y. 2015 Sidewalk Repair Assessment Program - Zone 4, Contract No. 864, described in the plans and specifications heretofore adopted by this Council for said project in Resolution No. 2014-805, after public hearing on September 15, 2014 on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND ADOPTED this 15th day of September, 2014. Erne`t G. Clark, Mayor ATTEST: CLX LAD Suzy Schres, CMC City Cle CITY OF WATERLOO Council Communication City Council Meeting: September 2, 2014 Prepared: August 26, 2014. Dept. Head Signature: '4' ete. 4' t' # of Attachments: 3` SUBJECT: San Marnan Dr. and LaPorte Rd. Traffic Safety Improvements Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Pass a resolution to set the date of opening bids for September 11, 2014 and set date of public hearing on plans, specifications, and estimate of costs for September 15, 2014. Summary Statement Improvements involve upgrading traffic signalization. The costs are 100% reimbursable. Expenditure Required: $56,800 Source of Funds: IDOT Traffic Safety Funds Grant Policy Issue Alternative Background Information: This intersection is on Iowa DOT's list of top 200 most dangerous intersections. Based on an internal Traffic Engineering analysis there are crash patters than can be corrected by the certain improvements. Safety countermeasures are designed accordingly. CONTRACT DOCUMENTS INTERSECTION OF SAN MARNAN DRIVE AND LAPORTE ROAD TRAFFIC SAFETY IMPROVEMENTS CITY OF WATERLOO, IOWA BLACK HAWK COUNTY DOT Project Number: CS -TSF -8155(736)--85-07 City Project Number: TOF-230 TABLE OF CONTENTS I- NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS I-1 RECEIVING OF BIDS 1-1 PUBLIC HEARING I-1 II- INSTRUCTION TO BIDDERS II -1 III- FORM OF BID OR PROPOSAL Ill -1 IV- BID BOND IV -1 V- TARGETED SMALL BUSINESS (TSB) AFFIRMATIVE ACTION CONTRACTOR'S RESPONSIBILITIES ON NON -FEDERAL -AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) V-1 VI- SPECIFICATIONS FOR TRAFFIC WORKS VI -1 A. GENERAL VI -1 1. Scope VI -1 B. DEFINITIONS VI -1 1. Terms used in these Standard Specifications VI -1 C. RELATED SPECIFICATIONS AND STANDARDS VI -1 D. TRAFFIC SIGNALIZATION VI -2 1. General VI -2 2. Solid State Actuated Traffic Signal Controllers VI -2 3. Controller Cabinet VI -2 4. Loop Detector Amplifiers VI -4 5. Traffic Signal Battery Backup System (BBS) VI -4 6. Vehicular Signal Heads VI -5 7. Pedestrian Signal Heads VI -6 8. Backplates VI -6 9. Foundations VI -6 10. Traffic Signal Pedestals VI -7 11. Galvanized Steel Traffic Signal Supports And Light Poles VI -7 12. Electrical VI -8 13. Bonding and Grounding VI -9 14. Cables and Wires V1-9 15. Handholes VI -10 16. Conduit VI -10 17. Fiber Optics Cable VI -11 18. Mounting Hardware VI -13 19. Pedestrian Pushbutton Detectors VI -13 20. Accessible Pedestrian Signals VI -13 21. Signal Service Meter Bypass Socket VI -14 22. Power Disconnect VI -14 23. Emergency Vehicle Pre-Emption (EVP) System VI -14 24. Traffic Monitoring Camera VI-15 25. Wireless Communications VI-is 26. Inductive Detector Loops VI-is 27. Luminaires VI-17 28. Video Detection System (VDS) VI-17 29. Salvaged Materials VI-18 30. Method of Measurement and Basis of Payment VI-18 E. SIGNS VI-19 1. Signing Material VI-19 2. Street Name Signs VI-19 F. PAVEMENT MARKINGS VI-19 1. Pavement Markings VI-19 2. High Durability Pavement Markings VI-19 G. ESTIMATED QUANTITIES FOR LUMP SUM TRAFFIC SIGNALIZATION BID ITEM VI-20 VII- SPECIAL PROVISIONS VII-1 VIII- GENERAL CONDITIONS OF CONTRACT VIII-1 A. Scope VIII-i B. Inclusion of Documents VIII-1 C. Contractor's Responsibility VIII-1 D. Traffic Control VIII-3 E. Coordination With Utilities VIII-3 F. Contractor Submissions VIII-3 G. Payments VIII-4 IX- SPECIAL CONDITIONS OF CONTRACT IX-1 X- CONTRACT X-1 I- NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS NOTICE OF PUBLIC HEARING On Specifications, Form of Contract, and Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Bids for INTERSECTION OF SAN MARNAN DRIVE AND LAPORTE ROAD TRAFFIC SAFETY IMPROVEMENTS RECEIVING OF BIDS City of Waterloo is accepting sealed bids for construction of the INTERSECTION OF SAN MARNAN DRIVE AND LAPORTE ROAD TRAFFIC SAFETY IMPROVEMENTS. Sealed bids will be received by the City Clerk at City Hall, 715 Mulberry St, Waterloo, IA 50703 until September 11, 2014 1:00 p.m. at which time bids will be opened. Project detail documents are now on file in the office of the City Clerk. City of Waterloo will issue tax exempt certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for this project free of sales tax. PUBLIC HEARING The City Council will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost at 5:30 p.m. on September 15, 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 and read aloud in the Waterloo City Clerk's Office in the City Hall, on September 11, 2014, at 1:00 p.m. The bids will be acted upon on a later date after the proposals have been reviewed and approved. The project involves traffic safety improvements by modifying traffic signalization. The prior proceedings of the City Council referring to the project, and the Contract Documents are hereby made a part of this notice and shall be an integral part of the contract to be awarded. 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. A performance bond will be required before a contract is awarded. 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. This is a local letting. No federal funds are involved. Liquidated damages will be charged in the amount of $25 per day. A 5% bid security shall accompany the bid in a separate envelope. CITY OF WATERLOO, IOWA Suzy Schares City Clerk NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS PAGE I-1 II- INSTRUCTION TO BIDDERS 1- Two separate envelopes are expected marked as "Bid Proposal" and "Bid Security'. All envelopes should be inside a larger envelope marked with the name of project and the bidder's name. The TSB PRE-BID CONTACT INFORMATION FORM should be contained inside the Bid Proposal envelope. INSTRUCTION TO BIDDERS PAGE II -1 III- FORM OF BID OR PROPOSAL INTERSECTION OF SAN MARNAN DRIVE AND LAPORTE ROAD TRAFFIC SAFETY IMPROVEMENTS 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 plans and specifications as well as all other contract documents listed in the Table of Contents and Addenda (if any), now on file in the office of the City Clerk, City Hall, Waterloo, Iowa, proposes to construct and build INTERSECTION OF SAN MARNAN DRIVE AND LAPORTE ROAD TRAFFIC SAFETY IMPROVEMENTS, all in accordance with the above -listed documents for the prices listed below: Total Bid Price in Writing: Total Bid Price: $ (numbers) Dollars 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. 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 execute and deliver an agreement in the prescribed form within ten (10) days after the agreement is presented to him. 2. The bidder has received the following Addendum or Addenda: i. Addendum No. Date 3. The City reserves the right to reduce project size prior to the award of a contract due to budgetary limitations. 4. The City reserves the right to select a bid that is most advantageous to the City, price included. S. The successful bidder agrees to submit a breakdown of prices for the lump sum traffic signalization item as per signal quantity items shown on the plans immediately after the bidder is awarded the contract. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. FORM OF BID PAGE III -1 ITEM QNTY UNITS UNIT PRICE TOTAL ITEM PRICE 1 Traffic Signalization 1 LS 2 Traffic Control 1 LS 3 Mobilization 1 LS Total Bid Price in Writing: Total Bid Price: $ (numbers) Dollars 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. 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 execute and deliver an agreement in the prescribed form within ten (10) days after the agreement is presented to him. 2. The bidder has received the following Addendum or Addenda: i. Addendum No. Date 3. The City reserves the right to reduce project size prior to the award of a contract due to budgetary limitations. 4. The City reserves the right to select a bid that is most advantageous to the City, price included. S. The successful bidder agrees to submit a breakdown of prices for the lump sum traffic signalization item as per signal quantity items shown on the plans immediately after the bidder is awarded the contract. (Name of Bidder) (Date) BY: Title Official Address: (Including Zip Code): I.R.S. No. FORM OF BID PAGE III -1 IV- BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, , as principal, and , as surety we held and firmly bound unto the CITY OF WATERLOO, Iowa. In the penal sum Dollars ($ ), lawful money of the United States, for the payment of which sum will and truly be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. The condition of this obligation is such that whereas the principal has submitted the accompanying bid dated the day of 201_, for NOW, THEREFORE, (a) If said bid shall be rejected, or in the alternate. (b) If said bid shall be accepted and the principal shall execute and deliver a contract in the form specified and shall furnish a bond for his/her faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said bid, Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. By virtue of statutory authority, the full amount of this bid bond shall be forfeited to the city in liquidation of damages sustained in the event that the principal fails to execute the contract and provide the bond as provided in the specifications or by law. The surety, for value received, hereby stipulates and agrees that the obligations of said surety and its bond shall be in no way impaired or affected by any extension of the time within which the city may accept such bid or execute such contract; and said surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the principal and the surety, have hereunto set their hands and seals, and such of them as are corporations, have caused their corporate officers this day of , A.D. 201 . Witness (Seal) Principal By (Title) (Seal) Surety By Witness Attorney -in -Fact BID BOND PAGE IV -1 V- TARGETED SMALL BUSINESS (TSB) AFFIRMATIVE ACTION CONTRACTOR'S RESPONSIBILITIES ON NON- FEDERAL -AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) 1. TSB DEFINITION A TSB is a small business, as defined by Iowa Code Section 15.102(5), which is 51% or more owned, operated and actively managed by one or more women, minority persons or persons with a disability. Generally this is a for-profit small business enterprise under single management, is located in Iowa and has an annual gross income of less than 4 million dollars computed as an average of the three preceding fiscal years. 2. TSB REQUIREMENTS In all State -assisted projects made available through the Iowa Department of Transportation, local governments have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals in business enterprises. These requirements are based on Iowa Code Section 19B.7 and 541 Iowa Administrative Code Chapter 4. These requirements supersede all existing TSB regulations, orders, circulars and administrative requirements. 3. TSB DIRECTORY INFORMATION Available from: Iowa Department of Inspections and Appeals Targeted Small Business Lucas Building Des Moines, IA 50319 Phone: 515-281-7102 Website: http://dia.iowa.gov/page7.html 4. THE CONTRACTOR'S TSB POLICY The contractor is expected to promote participation of disadvantaged business enterprises as suppliers, manufactures and subcontractors through a continuous, positive, result -oriented program. Therefore the contractor's TSB policy shall be: It is the policy of this firm that Targeted Small Business (TSB) concerns shall have the maximum practical opportunity to participate in contracts funded with State -assisted funds which are administered by this firm (e.g. suppliers, manufactures and subcontractors). The purpose of our policy is to encourage and increase the TSB participation in contracting opportunities made available by State -assisted programs. 5. CONTRACTOR SHALL APPOINT AN EQUAL EMPLOYMENT OPPORTUNITY (EEO) OFFICER The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractor's affirmative action responsibilities. This person shall have the necessary statistics, funding, authority and responsibility to carry out and enforce the firm's EEO policy. The EEO officer shall be responsible for developing, managing and implementing the program on a day-to-day basis. The officer shall also: A. For current TSB information, contact the Iowa Department of Inspections and Appeals (515- 281-7102) to identify potential material suppliers, manufactures and contractors. B. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them into the firm's bid. C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time quotations are to be submitted. Maintain complete records of negotiation efforts. TARGETED SMALL BUSINESS PAGE V-1 D. Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans/specifications or other actions that can be viewed as technical assistance. E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements. F. Require all subcontractors and material suppliers to comply with all contract equal opportunity and affirmative action provisions. 6. COUNTING TSBs PARTICIPATION ON A PROJECT TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work or other commercially useful function. A. The bidder may count: (1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and manufacturers; or (2) Work to be subcontracted to a TSB; or (3) Any other commercially useful function. B. The contractor may count: (1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from raw materials. (2) 60% of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers perform a commercially useful function in the supply process. (3) Only those expenditures to TSBs that perform a commercially useful function in the work of a contract, including those as a subcontractor. (4) Work the Contracting Authority has determined that it involves a commercially useful function. The TSB must have a necessary and useful role in the transaction of a kind for which there is a market outside the context of the TSB program. For example, leasing equipment or purchasing materials from the prime contractor would not count. 7. REQUIRED DATA, DOCUMENTS AND CONTRACT AWARD PROCEDURES FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS A. Bidders Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre -Bid Contact Information". This form includes: (1) Name(s) of the TSB(s) contacted regarding subcontractable items. (2) Date of the contract. (3) Whether or not a TSB bid/quotation was received. (4) Whether or not the TSB's bid/quotation was used. (5) The dollar amount proposed to be subcontracted. B. Contractors Using Quotes from TSBs Use those TSBs whose quotes are listed in the "Quotation Used in Bid" column along with a "yes" indicated on the Pre-bid Contact Information form. TARGETED SMALL BUSINESS PAGE V-2 C. Contractors NOT Using Quotes from TSBs If there are no TSBs listed on the Pre-bid Contract Information form, then the contractor shall document all efforts made to include TSB participation in this project by documenting the following: (1) What pre -solicitation or pre-bid meetings scheduled by the contracting authority were attended? (2) Which general news circulation, trade associations and/or minority -focused media were advertised concerning the subcontracting opportunities? (3) Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed for the TSBs to participate effectively? (4) Were initial solicitations of interested TSBs followed up? (5) Were TSBs provided with adequate information about the plans, specifications and requirements of the contract? (6) Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was the decision based on an investigation of their capabilities? (7) Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the contractor? (8) Were services used of minority community organization, minority contractors groups; local, State and Federal minority business assistance offices or any other organization providing such assistance. The above documentation shall remain in the contractor's files for a period of three (3) years after the completion of the project and be available for examination by the Iowa Department of Inspections and Appeals. 8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED Contractors are also required to make positive efforts in utilizing TSBs on all State -assisted projects which are not assigned goals. Form "TSB Pre-bid Contact Information" is required to be submitted with bids on all projects. If there is no TSB participation, then the contractor shall comply with Section 7C. of this document prior to the contract award. 9. PRE-BID CONTACT INFORMATION Bidders must submit this form with their bid. If there are no TSB subcontractors submit the form anyway and write on it none -contacted, non -available, etc. TARGETED SMALL BUSINESS PAGE V-3 Form 730007WP 7-9 Contractor Project# County City TARGETED SMALL BUSINESS (TSB) PRE-BID CONTACT INFORMATION Page# (To Be Completed By All Bidders per the Current Contract Provision) In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid submission. This information is subject to verification and confirmation. In the event it is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as to whether or not the apparent successful low bidder made good faith efforts to meet the goals. NOTE: Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals. If a TSB's quote is used in the bid, it is assumed that the firm listed will be used as a subcontractor. TABLE OF INFORMATION SHOWING BIDDERS PRE-BID TARGETED SMALL BUSINESS (TSB) CONTACTS SUBCONTRACTOR TSB DATES CONTACTED QUOTES RECEIVED QUOTATION USED IN BID YES/ NO DATES CONTACTED YES/ NO DOLLAR AMT. PROPOSED TO BE SUBCONTRACTED Total dollar amount proposed to be subcontracted to TSB on this project $ List items by name to be subcontracted: TARGETED SMALL BUSINESS PAGE V-4 VI- SPECIFICATIONS FOR TRAFFIC WORKS A. GENERAL 1. Scope a. These Specifications cover the work described in the contract documents. It covers furnishing all labor, equipment and materials, and performing all required operations to complete the work as per contract documents and to provide a completely operational and working signal system. 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. b. All work shall be performed and all material and equipment shall be provided in accordance with these Standard Specifications except where modified in the Special Provisions or elsewhere in the contract documents. B. DEFINITIONS 1. Terms used in these Standard Specifications a. Specifications means this document titled SPECIFICATIONS FOR TRAFFIC WORKS" 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. LED means light emitting diode. h. IP means Internet Protocol. i. APS means Accessible Pedestrian Signals. 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. e. 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, except that Article 1107.06 shall not apply, which requires that all products of iron, steel, or a coating of steel which are incorporated into the work shall be of domestic origin and shall be melted and manufactured in the United States.. f. IMSA (International Municipal Signal Association) Standards. g. ITE (Institute of Transportation Engineers) Standards. h. MUTCD - Iowa Manual on Uniform Traffic Control Devices. i. National Electrical Code. j. National Electrical Safety Code. k. NEMA (National Electrical Manufacturers Association) Standards. I. Specifications of the Underwriters Laboratories, Inc. m. TIA (Telecommunications Industries Association) Standards. n. TIA/EIA (Telecommunications Industry Association/Electronic Industries Alliance) 568 SPECIFICATIONS PAGE VI -1 o. NTCIP (The National Transportation Communications for Intelligent Transportation System) Protocol. p. All pertinent local, state and federal laws and regulations covering installation, material, design, construction, and operation. q. The Contractor shall notify WTOD in writing of any discrepancy or ambiguity as to the intent or meaning of the Contract Documents 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. TRAFFIC SIGNALIZATION 1. General a. The contract work shall comply with the applicable requirements of the Iowa DOT's Standard Specifications for Highway and Bridge Construction and current supplements, in particular the following parts: i) Section 2402: Excavation for Structures ii) Section 2403: Structural Concrete iii) Section 2404: Reinforcement iv) Section 2405: Foundations and Substructures v) Section 2408: Steel Structures vi) Section 2423: Support Structures for Highway Signs, Luminaires, and Traffic Signals vii) Section 2525: Traffic Signalization viii) Section 4187: Materials for Support Structures ix) Division 26: Roadside Development (2601.01 to 2512) b. Materials shall be of new stock unless the plans provide for the relocation or the use of materials furnished by others. New materials shall be the products of approved suppliers and manufacturers, approved by the Engineer. Miscellaneous electrical equipment and materials shall be UL approved. 2. Solid State Actuated Traffic Signal Controllers a. Controller shall be NEMA TS -2 Type 1 fully NTCIP ready. Controllers shall be capable of providing a minimum of eight vehicle phases and eight pedestrian phases. A minimum of four independent pre- emption functions shall be provided on the controller. b. Controller shall be ready for being integrated into a central interconnect system through IP -based, fiber optics interconnection and be able to fully communicate with central control software and accept central controller commands for operation. Controllers shall have all the latest upgrade revisions made to them. c. Direct human interface shall be through menus or graphics user interface. d. Controller shall be capable of time of day, day of week, and time of day pre-programming with active NTCIP communications and shall be fully compatible with and capable of full communications with and operation of at least one, and preferably both, of City's existing controller manufacturers, Econolite and Siemens. Controllers shall be capable of free operation and shall revert to such operation in the event of an appropriate signal from the master or central controller or an interruption in the communications for about three consecutive cycles. e. Controllers shall be provided with volume -density operational features and shall be capable of generating database and status reports. f. Each local controller shall have a removable memory key or USB slot for copying controller data for either backup or for transferring to another controller. 3. Controller Cabinet a. The controller cabinet shall be a fully operational and functional NEMA TS2 Type 1 cabinet that is fiber optics ready and NTCIP ready and shall meet or exceed all the requirements of the Specifications. The controller cabinet shall include everything for TS2 operations, such as bus interface units (BIU), power supplies, MMU, necessary two -channel detector cards, and all other SPECIFICATIONS PAGE VI -2 necessary components. Cabinet shall come with mounted 110 V power strip with at least four outlets and mounted 100/10 hardened managed Ethernet switch with at least five outlets. All external communications to the cabinet's components shall be through the Ethernet switch. b. All conduit openings in the controller cabinet shall be sealed with a sealing compound. This compound shall be a readily workable soft plastic, except those provided for drains. It shall be workable at temperatures as low as 30° F, and shall not melt or run at temperatures as high as 300' F. c. Controller cabinets shall be dust proof, weatherproof and made from high-grade aluminum to furnish housing for the control equipment and terminal facilities. Anchor bolts shall be included. A gasket panel police door shall be provided with police lock, two keys, flash switch and signal shutdown switch. A 15 AMP GFCI duplex receptacle and lamp base with on-off toggle switch shall be provided. Outlet and lamp shall be fused ahead of the cabinet circuit breaker. The detector rack(s) shall be capable of eight -phase operation plus four pre-emption channels. The 12 -bay load switch shall be provided and loaded appropriately. d. Maintenance Switches. Inside the cabinet shall include properly rated and of good quality Stop Time Control, Timer Power, Flash, and Detector Test Switches. e. The stop time control switch shall be a three -position switch labeled MANUAL -OFF -NORMAL. The center off position shall allow the controller to cycle normally during flash. f. The flash switch shall let the controller continue to operate within the cabinet for field evaluation of the controller. g. The lowest field connection shall be at least 3 inches from the bottom of the cabinet. The anchor bolts shall be secured with nuts which shall not have more than three full threads exposed or interfere with field connections. The field terminals shall attach to the controller cabinet with color coded Y, R, G and B electrical spring wire connectors. Connectors shall be designed flexible and durable with an outer insulator providing a compact, fully insulated connection without cutting or abrading wires. The four spring connectors shall have a corrosion resistant steel inner shell to strengthen them while permitting spring expansion and contraction due to temperature changes. The connector shall have a deep, flared skirt to protect against shorts and shiners. The connector shall have a flexible base to allow the connector to bend with wires. h. The field terminals shall connect to the controller cabinet with standard screws. Lug terminals will not be accepted. i. No hardware or terminal facilities shall be attached to the cabinet door, excluding an intersection call/display panel and test switches as required. j. Two cabinet electrical prints shall be provided for each cabinet. k. Where the cabinet seats on the concrete base, the bottom edge of the cabinet shall be waterproofed. Appropriate silicone sealing caulk shall be applied to the mating surface of concrete at a minimum bead diameter of 1/2 inch to 3/4 inch before installing the cabinet so that when the cabinet is being installed, securing anchor bolts provide for even and uniform spreading of the sealing material. The underside of the cabinet flange shall be free from any foreign objects, washers, spacers, etc., before caulking procedure. I. All cabinet and police door locks shall use a standard key and standard skeleton key. The police panel flash switch shall be wired such that when it is switched to "flash" the controller will return to its initialization point and remain there until turned off flash. m. All load switches shall conform to the triple -circuit solid-state type load switch as specified in the NEMA standard "TS2-6.2 Three -Circuit Solid State Load Switches". Load switches shall have LED input and output indications. LED indications shall be provided to reflect the DC driver state for red, yellow and green. The closing or opening of signal circuits shall be positive without objectionable dark intervals, flickering of lights or conflicting signal indications. All internal components shall be accessible without encapsulation. n. Power supply loads shall be metered. o. Any load switch circuit supplying power to a single indication with the exception of a red light shall have a ballast resistor attached inside the cabinet. A 10 watt or greater, 3000 ohm resistor shall be adequate. p. Each circuit shall be a 10 ampere rated driver, LED lamp load at 120 VAC. SPECIFICATIONS PAGE VI -3 g. Lightning and Over -Voltage Protection. The Contractor shall furnish and install lightning protection devices within each control cabinet to protect all equipment from over voltage and over current. Cabinet AC power/lightning and overload protection devices shall consist of a solid state surge protector connected to the cabinet ground. A filtering surge protector (surrestor) shall be used. r. Loop isolation transformer to allow operation with a single point short between loop and ground. s. The MSD harness wiring shall all be terminated on a separate dedicated termination panel. t. All incoming service voltage connections (including breakers) shall have clear plastic protective shielding covers. u. Unless otherwise shown on the plans, the supplier shall install one 20 AMP breaker, 1 -pole for traffic signals, one 30 AMP, 2 -pole breaker for lighting, one 60 AMP, 2 -pole breaker for main conductors inside each cabinet. v. The controller cabinet shall have installed a disconnect panel box, which will shut power off to all circuits inside the cabinet. The disconnect panel box shall be wired as shown on the plans. The cabinet shall come with an installed disconnect breaker panel and shall be connected as per the traffic signal schematic on the project plans. Disconnect breaker panels shall be G.E. model TL412C metal 4 circuit (9 inch by 7 1/2 inch by 3 inch), Square D model 1-Q06-12L100S metal 6 circuit (13 inch by 9 inch by 4 inch), Cutler Hammer BR48L1258P (13 inch by 11 inch by 3.5 inch) or approved equal. 4. Loop Detector Amplifiers a. All loop detector amplifiers shall be two -channel card rack -mounted. The card rack shall include an appropriate power supply. Acceptable amplifiers can be any of IDC, Sarasota, EDI, or Reno brands. The detector card rack shall also accommodate video detection cards when necessary. b. Detectors shall have the capability of operating in "pulse" or "presence" mode, "delay" timing on each channel, adjustable in 1 second increments or less, and "extension" timing on each channel, adjustable in 0.5 -second increments or less. 5. Traffic Signal Battery Backup System (BBS) a. The BBS shall come complete with all the necessary components for a fully functional and operational system and shall include all necessary components such as inverter -charge, batteries, manual bypass, etc. The BBS shall provide uninterrupted power supply in case of mainline power outages or power supply inadequacies and shall be designed to meet NEMA temperature specifications of -40" F to +174' F. b. Battery backup system shall be housed inside a separate cabinet attached to the control cabinet, or inside a separate detached cabinet as specified on the plans except if a hybrid control cabinet is supplied where the control cabinet is designed to house the BBS. All cabinets shall meet the requirements of traffic control cabinets mentioned in the Specifications. Batteries shall be installed in position to be readily accessible for maintenance. All components shall conform to required NEMA, NEC, and UL standards. A chassis ground point shall be provided. One yellow LED indicator light visible on the outside of the control cabinet shall be installed. This LED light shall light up when the BBS is activated and is powering the intersection. c. System shall operate with full control run time for at least one hour. In addition, the system shall provide at least four hours of additional flashing operation. When active, BBS unit shall provide power to the signal system without any deficiency in signal performance and signal indication. There shall be enough power appropriate for the number of signals heads and phasing operation of the intersection. The BBS unit shall be delivered with maintenance manuals and schematic diagrams. d. BBS shall come with a bypass and isolation switch. There shall be adequate cabinet ventilation with bug screens, cleanable filters and an exhaust fan. e. Batteries shall be maintenance -free. Batteries shall be furnished and installed with appropriate fuses. Batteries shall be lightweight for personnel safety and protection plus ease of installation and maintenance. BBS operation shall not cause excessive heat to negatively affect signal operation. f. Battery charging system shall not allow for overcharging and overheating of the batteries. g. As a minimum the BBS shall have the following capabilities: SPECIFICATIONS PAGE VI -4 i) Capacity of 1600 watts ii) DC voltage of 72V iii) Charger rectifier IGBT, Three -Step with temperature compensation, 0.3c charge, 180 watts iv) Sine wave, THD less than 3%, less than or equal to 3Hz or 1Hz ( Setting by software) v) Frequency stability ± 0.1% unless synchronized to line. vi) Transfer time 0 ms vii) Crest factor 3:1 viii) Efficiency up to 92% ix) DC start x) 6 Pole Anderson latching AC connection lx, 5-15R output receptacle xi) 4 Pole Anderson latching DC connection with reverse polarity interlock xii) Dual Function Ten -Hr delay dial timer with 3 Pole N/O and N/C isolated terminal output. xiii) Utility fail, on battery, low Battery, battery fail, UPS alarm, inverter ON, EPO -1+/- N/O or N/C selectable relay output terminal xiv) Emergency power off dry contact terminal shuts off the UPS output voltage xv) LCD display capable of displaying AC input/output voltage, input output frequency, battery voltage, UPS temperature, voltage settings, load percentage, bypass setting, alarm fault codes etc. h. BBS shall have full warranty for two years. 6. Vehicular Signal Heads a. Signal indications shall be 12 inches in diameter and sectional in construction requiring one section for each light indication. b. All traffic signal light sources shall be LED. LED and LED assemblies shall meet all pertinent NEMA, IEEE, and ITE standards. c. Signal head lenses can be made of glass or ultraviolet stabilized synthetic materials. Non - polycarbonate synthetic lenses shall meet the ITE color standards and 3 1/2 -foot drop test. Lenses shall be capable of withstanding ultraviolet exposure from direct sunlight for a minimum period of 36 months without exhibiting evidence of deterioration. Lenses may be tinted or may use transparent film or materials with similar characteristics to enhance "ON/OFF" contrasts. If a polymeric lens is used, a surface coating or chemical surface treatment shall be used to provide front surface abrasion resistance. d. The housing for the individual sections shall be made of a die-cast aluminum or UV stabilized polycarbonate. The top and bottom of each section shall have an integral locking ring with separations to permit rotation of the signal head in 5 degree or smaller increments. Openings in the top and bottom of the signal shall accommodate standard 1 1/2 -inch bracket arms. All joints between sections shall be waterproof. Locknuts or other means approved by the Engineer shall hold the section firmly together. e. Each section shall be complete with a one-piece, hinged door with watertight gaskets and two stainless steel locking devices. The hinged pins shall be designed so that the doors may be easily removed and reinstalled without use of special tools. f. The lamp socket shall be equipped with color -coded wire, red, yellow, or green, depending upon the lens color of the section. g. The socket wires shall be a minimum of 26 inches long, composed of wire with insulation designated to withstand 105 C. The wiring leads shall be terminated with spade lugs for ease of connection to terminal block. The socket shall be equipped with a gasket to insure a dust -tight fit. h. A coupling washer assembly comprised of two washers, three cadmium -plated bolts, nuts and lock washers shall lock the individual sections together. The hole in the coupling washer assembly shall be large enough to accommodate three 3/4 -inch cables. Certification. The City shall be furnished with a certification from the manufacturer of the signal head that the equipment furnished under the contract documents complies with all provisions of the Specifications. If there are any items which do not comply with the contract documents, a list of those SPECIFICATIONS PAGE VI -5 exceptions must be detailed on the certification. j. All screws, latching bolts and hinge pins shall be according to manufacturers' recommendations. k. One section of the three section signal shall be equipped with a six -position terminal block for termination of field wiring. Each five -section signal shall be equipped with an eight -position terminal block. I. All surfaces of metal signal housing doors and visor shall be oven -baked, black enamel, except the doors and visors shall be flat black. m. During the course of construction and until the new signals are placed in operation, signal faces shall be covered or turned away from approaching traffic. When ready for operation, they shall be securely fastened in position facing toward approaching traffic. All traffic signal displays shall be installed as indicated on the plans and aligned and leveled per MUTCD on all axes. All optically programmable signal heads shall be properly programmed to limit their field of view as directed by the Engineer. Three -section overhead displays located on mast arms should have the red indication above the mast arm and five -section displays shall have two sections above the mast arm n. Visors. Each lens shall have an aluminum or UV stabilized polycarbonate cut-off tunnel visor not less than 8 inches in length and designed to shield each lens. Visors shall have a minimum thickness of 0.05 inch and be painted flat black. 7 Pedestrian Signal Heads a. All pedestrian signal heads shall include all the necessary fittings and adjustable cable tie type brackets and shall use LED. b. The pedestrian signal shall be 16 inches, with a universal don't walk "HAND" symbol indication and a universal walk "MAN" symbol indication in one section head, and countdown timers. c. Other properties shall be the same as defined for vehicular traffic signal heads defined earlier. 8. Backplates a. Backplates shall be made of aluminum or ABS UV stabilized plastic and shall be louvered. Backplates shall be 5 -inch border in size and shall be at least 0.05 inch thick. A 1 -inch radius shall be provided on all comers. Each backplate shall be furnished with all the necessary mounting hardware for attachment according to manufacturers' instructions. b. The size of each backplate shall be suitable for mounting on three -section and five -section, 12 -inch signal heads, including space for plumbizers, when called for. All mounting hardware shall be rustproof and corrosion resistant. 9. Foundations a. A screw-in metal foundation can be used in lieu of a concrete base for pedestal installations. If used, it shall be conform to manufacturer's specification for use as traffic signal pedestal pole as per plans. b. The concrete bases shall conform to the dimensions shown on the plans. The bottom of all foundations shall rest securely on firm undisturbed ground. Forms shall be used for the above ground portion of all foundations. Whenever the excavation for a foundation is irregular in shape, forms shall be used to provide the proper dimensions of the foundations below grade. The material for the forms shall be of sufficient thickness to prevent warping or other deflections from the specified pattern. The forms shall be leveled and a means shall be provided for holding them rigidly in place while the concrete is being deposited. c. The Contractor shall be responsible for the proper elevation, offset and level of each foundation. Where the foundation cannot be constructed as shown on the plans because of an obstruction, the Contractor shall relocate the foundation or use other effective methods of supporting the pole after securing the Engineer's approval. d. Anchor bolts and reinforcement shall be held rigidly in-place before the concrete is poured. Anchor bolts shall be held in-place by means of a template constructed to space the anchor bolts uniformly in accordance with the pattern shown on the plans, and not to protrude excessively after installation of equipment. e. Two conduit inlets shall be installed as a minimum per foundation. Inlets not used shall be capped below grade. A ground rod shall be placed external to each foundation. All ground rods shall be a SPECIFICATIONS PAGE VI -6 minimum of 5/8 -inch in diameter, 8 -foot long copper clad and shall be external to the concrete foundation, driven 4 inches below ground surface. Anchor bolts, conduits and reinforcement shall be held rigidly in place before the concrete is poured. f. The center of the template and the center of the concrete base shall coincide unless otherwise directed by the Engineer. High -frequency vibrator shall consolidate concrete after it is placed in the form. The top of the base shall be rounded with an edger having a radius of 1/2 inch. The exposed surface of the base shall have a rubbed surface finish. g. Should the Contractor find that it is necessary to alter or reconfigure any portion of the installation or there would be a conflict with the design versus the site grade ditches, utilities, etc., the City shall be notified in writing of the portions that are in conflict. Immediate response will be given by the City or its representative to avoid delays. h. After the foundation or base has been poured, no modification of any sort shall be made. If any part of the foundation or base is installed in an incorrect manner, as determined by the Engineer, the entire foundation or base shall be removed and the Contractor shall install a new foundation or base at no extra cost to the City. i. Prior to installing the structures, the anchor bolts shall be covered in such a manner as to protect them against damage and to protect the public from possible injury. j. The foundation must be given seven days to cure before the structures are erected. k. New bases shall be constructed and finished to the dimensions shown on the plans. Concrete shall be as specified in paragraph 2403.03 of the Iowa DOT Standard Specifications for Class C, Mix No. C-4, air -entrained P.C. concrete, and shall be placed in accordance with Section 2403 of the Iowa DOT Standard Specifications. I. Reinforcement shall be in accordance with Section 2404 of the Iowa DOT Standard Specifications. The top of the signal base shall be at a minimum of 2 inches and a maximum of 3 inches above the finished grade. m. Whenever excavation is made across parkways, driveways or sodded areas, the sod, topsoil, crushed stone or gravel shall be replaced or restored as nearly as possible to its original grade and the grade involved shall be left in a neat and presentable condition. n. Concrete sidewalks, pavements, base courses and bituminous surfaces shall be replaced with new materials. o. The backfill shall be mechanically compacted in 6 -inch layers to a density equal to that of the surrounding material. 1 O. Traffic Signal Pedestals a. The length of the pedestal, from the bottom of the base to the top of the shaft, shall be 10 feet, unless otherwise specified on the plans. For galvanized poles, the pedestal shaft shall be fabricated of tubing with a wall thickness of at least 1/8 inch. It shall have a satin brush or spun finish. The top of the shaft shall have an outer diameter to receive a pole -top mounting bracket of a traffic signal or a pedestal -mounted traffic signal controller. b. All hardware shall be of hot dipped galvanized steel in accordance with the latest revision of ASTM A123. All traffic signal pedestals shall be Sch 80 galvanized steel or Sch 80 spun aluminum. Steel shall be in conformance with the Section 2525 of the Iowa DOT Standard Specification. c. The pedestal base shall be cast -aluminum, breakaway, with a handhole. The size of the handhole shall be at least 4 inches by 6 inches and equipped with a cover, which can be securely fastened to the shaft with the use of simple tools. The surface of the base shall be prepared for painting in accordance with the manufacturer's recommendations and coated to match the pedestals. d. Bases shall have a minimum weight of 20 pounds, and shall have a four -bolt pattern uniformly spaced on a 13 3/4 -inch diameter bolt circle. e. Anchor Bolts. Galvanized, hot rolled steel anchor bolts, sizes as determined by the pole manufacturer, shall be supplied, complete with all the hardware required for installation. The anchor bolts shall have a right angle bend at the bottom end and threaded at the top end. 1 1 . Galvanized Steel Traffic Signal Supports and Light Poles a. The signal mast arms, support poles and light poles shall be continuous steel poles of the anchor base type as shown on the plans. The pole shall be fabricated from low carbon (maximum carbon SPECIFICATIONS PAGE VI -7 0.30%) steel of U.S. Standard Gauge and shall be manufactured from steel sheet with one continuous welded vertical seam. b. After manufactured, they shall have a minimum yield strength of 48,000 psi. The base shall be of heavy cast or rolled steel attached to the lower end of the shaft by a continuous weld on both the inside and outside of the shaft. The diameter of the bolt circle shall be as specified by the manufacturer. c. It is permissible to fabricate poles and mast arms by welding two sections together by vendor only. Welding and fabrication shall conform to the Structural Welding Code AWS, as modified by Section 2423 of the Iowa DOT Standard Specifications. d. The pole shall be designed to support the traffic signals, lights and/or signs with the clearance as shown on the plans. Where called for on the plans, the poles shall be designed to assume high-rise design luminaire arms for streetlights. The luminaire riser may be designed and manufactured as a separate add-on piece. e. The pole shall be equipped with a minimum 2 -foot by 1 -foot 10 -inch transformer base. f. Securing of the cover of the shaft shall be possible with the use of simple tools. g. The mast arms and poles shall be equipped with all necessary hardware, shims, and anchor bolts to provide a complete installation without additional parts. h. In addition to what is shown on the plans, all signal poles and mast arms shall be designed to carry a five -section traffic signal head and a 24 inch by 36 inch sign at the end of each mast arm. i. All hardware shall be of hot dipped galvanized steel in accordance with the latest revision of ASTM A123. All mast arms and support poles shall be galvanized steel and shall be in conformance with Iowa DOT Specification 2525 of the Standard Specifications. j. All luminaire extensions shall provide for 30 -foot mounting height and 12 -foot overhang, unless otherwise specified on the plans. k. All signal supports shall contain the anchor bolts. The anchor bolts shall be constructed from A36 steel with minimum yield strength of 50,000 psi. The anchor bolts shall be hot dipped galvanized for a minimum of 12 inches on the threaded end and shall be threaded a minimum of 6 inches at one end and have a 4 -inch long, 90 -degree bend at the other end. I. Certification. The fabricator shall certify that the mast arms are capable of withstanding winds of at least 100 mph without failure; that only certified welding operators in accordance with AWS D1.1-75 or latest revisions were used; and that only electrodes as modified by the current version of AASHTO Standard Specifications for Welding of Structural Steel for Highway Bridges were used. m. Pole Erection. All poles are to be erected vertically with the mast arm at a right angle to the centerline of the street, unless otherwise specified, and securely bolted to the cast -in-place concrete foundations at the locations indicated on the plans. n. Leveling shall be accomplished by the use of nuts on each anchor bolt. One nut shall be placed on each anchor bolt and the pole placed in position on these nuts. The top nuts shall then be placed loosely and the pole adjusted to the vertical position by adjusting both the upper and lower nuts and final tightening of top nut to expose a maximum of three full threads. o. All threaded pedestal poles shall be drilled and tapped and a 1/4 inch diameter X % inch long galvanized or stainless steel bolt shall be installed through the base and the pole to prevent turning of the pole. p. The Location of All Signal Standards. The locations of all signal standards shown on the plans are subject to adjustment depending on the actual locations of existing underground utilities and overhead utilities. Actual locations of standards will be selected at the time of construction upon location of existing utilities. 12. Electrical a. Service Installation. (Traffic Signal and Lighting): The Contractor shall supply and install a 2 -inch Sch 80 PVC conduit to the source of power either to the transformer or up the power pole with a weather head connector as required by the power company supplied by the Contractor. The size of the service conductors shall be 3/c No. 3 AWG stranded conductor. The Contractor shall be responsible for coordination of this work with the power company and for payment of connection fees, if any. The address of the source of power will be as shown on the project plans. b. Pole: There shall be one conductor for each optical unit or set of optical units operating identically SPECIFICATIONS PAGE VI -8 through the same cycle and one conductor for common return. Each overhead red, yellow, green signal head shall be wired with a separate cable from a splice in the pole base according to the conductor combination specified on the plans. c. An electrical splice in each wire servicing traffic signal heads on a pole shall be made in the handhole compartment of that pole. All wiring, except loop and magnetic detector wire, shall be one continuous length of cable from the splice in the handhole compartment of the signal pole to the terminal compartment in the controller cabinet. Splices for detectors will be permitted between the detector wire and the detector lead-in cable only at the first handhole provided adjacent to the detector and will be done by City personnel. d. All splices in the handhoie compartment of a signal pole shall be made using twist wire connectors. Signal cable splices shall be made using gel -filled wire nuts. Cable connections in signal heads and controller cabinets shall be made at the terminal blocks with a mechanical attachment device attached to each wire end by terminal connectors specified elsewhere in the Specifications. e. Slack for each cable shall be provided by a 4 -foot length in each handhole and a 2 -foot length in each signal and controller base (measured from the handhole compartment to the end of the cable). In those handholes where detector splices are made, a 4 -foot length of cable slack shall be provided in both the loop wire and the shielded lead-in cable. f. Cables shall be pulled through conduit by means of a cable grip designed to provide a firm hold upon the exterior covering of the cable or cables, with a minimum of dragging on the ground or pavement. This shall be accomplished by means of reels mounted on jacks or rollers and other suitable devices. A suitable wire lubricant shall be used to reduce friction and strain on wires or cables. g. Service cable runs shall be continuous from the power line located on the service pole to the meter located on the controller cabinet or from the meter located on the service pole to the terminal compartment in the controller, whichever is applicable. The service riser shall be topped by standard weather head or otherwise replaced with "U" Guard. h. Clearances to the overhead utilities shall be specified by the serving utility. The power company will furnish the electrical meter. The Contractor shall supply the service cabinet. All work shall be in accordance with Iowa DOT Specification 2525 of the Standard Specifications and the MUTCD. A uniform systematic color code shall be used. j. All wiring shall comply with the National Electrical Code and City Ordinance, and shall be subject to the inspection of WTOD. k. All wire shall be plainly marked on the outside of the sheath with the manufacturer's name and identification of the type of the cable. 13. Bonding and Grounding a. Metal conduit, service equipment, anchor bolts, metal poles, pedestals, controller cabinets, and all other electrical equipment shall be made mechanically and electrically secure to form a continuous system, and shall be effectively grounded. The grounding conductor shall be a No. 6 AWG stranded green copper wire. b. Grounding bar shall be accomplished by bonding the grounding circuits to copper clad metal, driven electrodes. All electrodes shall be as a minimum, 5/8 inch in diameter and 8 -foot long copper clad. The electrodes shall be driven vertically until the top of the rod is a minimum of 4 inches below grade. Bonding to the ground rod shall be made by means of suitable screw type positive ground rod clamps. Grounding to waterlines will not be permitted. c. Bonding of standards and pedestals shall be by means of a bonding strap attached to an anchor bolt or to 1 3/16 -inch, or longer, brass or bronze bolt installed in the pole base. d. The service meter and socket shall be bonded to a ground electrode by use of a ground clamp and a No. 6 AWG copper wire and shall be by means of cadmium -plated grounding bushing and bonding jumpers. Where there is a change at a pull box or manhole for non-metallic conduit to metallic conduit, the grounding wire in the non-metallic conduit shall be bonded to the metallic conduit. e. Existing ungrounded metal poles shall be grounded by means of a driven ground rod. 14. Cables and Wires a. The number of conductors and size of all traffic signal cable shall be as specified on the plans. All wire shall be plainly marked on the outside of the sheath with the manufacturer's name and SPECIFICATIONS PAGE VI -9 identification of the type of the cable. b. Service Conductors. Power cable shall be a 600 -volt, stranded, insulated, single conductor, No. 8 AWG (black and white) unless otherwise stated in the plans. Ground wire shall be No. 6 AWG green stranded copper wire. c. Signal Pole Base to Signal Pole Base. This shall be composed of either 5 -conductor No. 16 AWG or 12 -conductor No. 16 AWG cable IMSA Spec 20-1 Signal Cable — PE insulations, PE Jacket or otherwise specified on project plans. The color code should be NEMA K-1 method 1 with 600 volts rating. The signal cable conductors shall be composed of stranded wire. d. Signal Pole Base to Signal Heads. The wire running inside all signal poles (either mast arm or pedestal mounted) and mast arms to signal heads shall be No. 16 AWG cable (the number of conductors shall be specified on plans) and composed of stranded wire. e. Luminaire Conductors. Conductors shall consist of type THWN, 600 volt, and single conductor copper stranded wires, which run continuously between poles. Conductors shall meet the requirements of Article 4185.12 of the Iowa DOT Standards Specifications and shall be of the size and number shown on the plans. f. Detector Lead -In Cable. Detector lead-in cable shall be No. 16 AWG, meeting the requirements of IMSA Specification 50-2 or latest revision thereof. g. Tracer Wire. Tracer wire shall be a #10 AWG wire single conductor, stranded copper, Type THWN, with UL approval and orange jacket. Provide in conduit runs that contain fiber optic cable. 15. Handholes a. Unless otherwise indicated on the plans, handholes shall be constructed as per these Standard Specifications. b. Except for fiber optics handholes, the Contractor may furnish a poured -in-place concrete handhole, with cast iron ring and cover, or a pre -cast concrete handhole, with cast iron ring and cover, or a fiberglass handhole. Concrete pipe, meeting AASHTO Specification designation M86 for non- reinforced or M170 Class III for reinforced, of suitable length and diameter may be used, and shall be provided with cable hooks made with a minimum 1/4 -inch diameter steel material. Cast iron ring and cover may be rated light duty for non -traffic areas (155 pound minimum). Fiber optics handholes shall be as per plans. c. Handholes on fill section shall have a drain and drain pipe. d. A crushed stone sump with a minimum depth of 18 inches shall be provided beneath all handholes. e. The cover shall have the name "TRAFFIC" in 2 -inch letters cast into the lid. The handhole shall be large enough to house loops in fiber optics cable as per manufacturer's recommendation for minimum diameter of the fiber optics cable loop. f. Frames and covers for handholes shall be cast iron and conform to the dimensions shown on the plans. The top of the handhole shall be set flush with the sidewalk or driveway surface. When constructed in an earth shoulder away from the pavement edge, the top surface of the handhole shall be approximately 1 inch above the surface of the ground or as indicated on plans. g. The ends of the conduit leading into the handhole shall extend a minimum of 1 inch and not more than 2 inches beyond the inside wall. All conduits in the handhole shall slope inward in a manner so as to provide drainage of water or condensation. Each handhole shall contain a minimum of two cable hooks. The hooks shall be permanently fastened to the inside wall near the top of the handhole. h. When precast concrete sections are used for handholes, the conduit entrances shall be neatly grouted between the conduit and the precast concrete. The handhole ring shall fit snugly inside the precast concrete section. Grouting shall be done immediately after conduits are placed into the handhole to prevent washing in of debris. i. After installation of handhole and before acceptance by the City, all foreign debris, including but not limited to dirt, leaves, grout, concrete, cans and glass, shall be removed. j. All loop detector lead-in conductors shall be placed into a handhole prior to winter shut down. 16. Conduit a. The number, type, and size of conduit shall be as specified on the plans. b. Poly Vinyl Chloride. Conduit specified on the plans, as polyvinyl chloride (PVC) shall be rigid polyvinyl SPECIFICATIONS PAGE VI -10 chloride meeting the requirements of NEMA TC -2, Type 2, and applicable UL standards. c. Conduit buried in open trenches shall be placed a minimum of 18 inches deep and shall extend a minimum of 3 feet 6 inches from the back of curb unless otherwise directed by the Engineer. Open trench methods of placing conduit will be permitted except where the conduit is to be placed under existing pavement. Conduit in pavement areas shall be placed to a minimum depth of 24 inches below the finished pavement surface or as directed by the Engineer. d. The backfill materials from the placement of conduit in open trenches shall be deposited in the trench in layers not to exceed 6 inches in depth and each layer shall be thoroughly compacted before the next layer is placed. All cinders, broken concrete, or other hard abrasive materials shall be moved and shall not be used in the backfill material. All surplus material shall be removed from the public right-of-way and properly disposed e. Whenever excavation is made across parkways, driveways or sodded areas, the sod, topsoil, crushed stone or gravel shall be replaced or restored as nearly as possible to its original grade and the grade involved shall be left in a neat and presentable condition. f. Concrete sidewalks, pavements, base courses and bituminous surfaces shall be replaced with new materials. g. Underground conduits shall be laid at a distance of at least 6 inches from any water line or other utility line. h. When the plans require the conduit be placed without disturbing the existing pavement, the term "pushed" is used. Pushed conduit shall be placed by jacking, pushing, boring or any other means necessary to place the conduit without cutting or removing pavement. The size of a bored hole shall not exceed the outside diameter of the conduit, which is to be placed. Tunneling under the pavement or water jetting will not be permitted. Pits for boring shall not be closer than 2 feet to the back of curb unless otherwise directed by the Engineer. Conduits shall be Sch 80 PVC unless otherwise shown on the plans. i. When it is impractical to push the conduit under pavement due to unanticipated obstructions, the Contractor may, with the Engineer's permission, cut the existing pavement. j. Where conduit is to be placed by trenching methods under existing asphaltic pavement, an 8 -inch wide by 18 -inch deep trench shall be opened along neat lines. The trench shall be backfilled with crushed stone, acceptable to the Engineer, filled with Class M high -early strength concrete to within 4 inches of the surface level. The concrete shall be allowed to set for a minimum of 48 hours without being exposed to traffic. The final 4 inches of backfill shall be a hot bituminous concrete plant mix acceptable to the Engineer. k. A polyethylene pull rope shall be installed in all conduits, which is identified on the plans for future use. At least 2 feet of pull rope shall be doubled back into the conduit at each termination. I. Conduit shall be laid to drain and 1 -inch drains with crushed stone sumps shall be installed as shown on the plans and at all low points. m. The backfill shall be mechanically compacted in 6 -inch layers to a density equal to that of the surrounding material. Conduit shall be connected to existing and new light bases and junction boxes. All required fittings shall be furnished and installed by the Contractor to provide a continuous, enclosed conduit system between poles. Conduit under pavement and driveways shall be rigid steel conduit or PVC Schedule 80, Type 2, in accordance with Iowa DOT Specification Article 4185.10 of the Standard Specifications. All trenches shall be backfilled with material containing no broken pieces of concrete or asphalt, stone, brick, wood or other unsuitable material including nested clods. n. All conductors and wiring shall be furnished as new material and installed by the Contractor and shall conform to Iowa DOT Specification 2525 of the Standard Specifications. o. Conduit not under pavement or driveways shall be Schedule 40 PVC. p. All unused conduits, whether for future use or for later use in the project, shall be capped. q. All conduits shall be sloped to drain toward the nearest handhole, and if this should prove to be impractical, then a conduit drain shall be provided with crushed stone drainage sumps at all low points, as detailed in the plans for traffic signal bases. A permeable membrane to keep sand from washing back into the conduit shall be installed at the conduit drain. 17. Fiber Optics Cable a. Fiber optics interconnect shall remain continuous. Only the 12 strands inside the green tube shall be SPECIFICATIONS PAGE VI -11 cut, fanned out, fusion spliced to the cabinet, and terminated inside the control cabinet. b. Traffic signal controller interconnection and monitoring camera interconnection to Traffic Operations Center shall be through fiber optics cable. Fiber optics size, color codes (if any), and number of terminations shall be as shown or mentioned on the plans. c. Unless otherwise mentioned on the plans, the traffic fiber optics control communications and interconnect cable shall be housed in a 3 -inch conduit and shall have the following minimum properties. d. A minimum of 72 stranded single mode loose tube cable meeting pertinent ANSI, EIA, and TIA Specifications for the usage, installation, and location type required by this project e. Typical Core Diameter 8.3 urn ± 1.0 urn f. Cladding Diameter: 125.0 urn ± 1.0 urn g. Core concentricity ± 1% h. Attenuation Uniformity: No point discontinuity greater than 0.1 urn at Either 1310 nm or 1550 nm i. Max Attenuation 0.40 db/Mile j. The coating shall be a dual -layer UV -cured acrylate applied by the fiber manufacturer. The coating shall be mechanically or chemically strippable without damage to the fiber. The central member of the cable shall be a glass reinforced plastic rod designed to prevent the buckling of the cable. The cable core interstices shall be filled with water blocking tape to prevent water infiltration. Dielectric fillers may be included in the cable core where needed to lend symmetry to the cable cross-section. k. Buffer tubes shall be of dual layer construction with the inner layer made of polycarbonate and the outer layer made of polyester. Each buffer tube shall be water -blocked with a water-swellable yarn or tape. Buffer tubes shall be stranded around the central member using reverse oscillation, or "SZ", stranding process. I. The buffer tubes shall meet TIA/EIA-598A, "Color Coding of Fiber Optic Cables". The fiber cable shall include loose tubes with 12 fibers in each tube. m. The cable tensile strength shall be provided by a high tensile strength aramid yarn and/or fiber glass. n. All dielectric cables, without armoring, shall be sheathed with medium density polyethylene. The minimum nominal jacket thickness shall be 0.055 inch. Jacketing material shall be applied directly over the tensile strength members and flooding compound. The jacket or sheath shall be marked with the manufacturer's name and the words "Optical Cable," the year of manufacture, and sequential feet marks. The markings shall be repeated every 2 feet. The actual length of the cable shall be within the range plus 1% of the length marked. The marking shall be in a contrasting color to the cable jacket. Additionally, the jacket marking shall have a durable weatherproof label which shows the actual attenuation of each fiber expressed in dB/mile. o. The cable shall be fabricated to withstand a maximized pulling tension of 600 pounds during installation (short term) and 135 pounds upon installation (long term). p. The shipping, storing, installing and operating temperature range of the cable shall be -40° F to +158` F. q. The manufacturer shall test at the 100% level all fiber optic cable for the following tests: i) Each fiber proof tested at a minimum load of 350 Mpa. ii) Each fiber tested for attenuation and the reading shall be part of cable labeling. r. The cable shall meet the appropriate standard Fiber Optic Test Procedure for the following measurements: i) Fluid Penetration ii) Compound Drip iii) Compressive Loading Resistance iv) Cyclic Flexing v) Cyclic Impact vi) Tensile Loading and Bending s. The cable ends shall be available for testing. The cable ends must be sealed to prevent moisture impregnation. t. Fiber Optic Jumpers/Patch Cords. All fibers entering the traffic signal controller cabinet shall be terminated in the fiber optic termination unit within the traffic controller cabinet. Length of patch cord will vary according to distribution unit to traffic signal controller, fiber optic modem, or video modem location within controller cabinet and shall provide for 2 feet of total slack. u. A sufficient number of patch cords shall be installed to provide a fully -operational communications SPECIFICATIONS PAGE VI -12 system. v Controller cabinet patch cords shall consist of factory -assembled patch cords, each containing two fibers. Each such fiber shall have a connector with ceramic ferrule on each end. Each patch cord shall have a dielectric strength member and a durable outer jacket designed to withstand handling. w. Fiber Optic Termination Unit. The unit shall be a rack mount, drawer type enclosure that is dust and moisture repellent. The unit shall provide easy front access with removable rear tray for easy rear access and shall have a maximum dimension of 3.5 inches H by 18.5 inches VV by 11.25 inches D. The size of the unit shall be adequate for the number of fibers, proper winding area, and splices. The unit shall provide for cable entry from the side and be capable of accommodating up to 48 connections x. Connectors. Only connectors of ceramic ferrule and physical contact end finish shall be used to terminate fibers to equipment. ST connectors shall be used for multi -mode fiber. SC connectors shall be used for single -mode fiber. Maximum attenuation per connector shall be 0.75 dB. y. Splices. Fusion splices shall be used for all splices. The fiber cable shall be installed in continuous runs as designated on the plans. Splices shall be allowed only in the splice enclosures and controller cabinets as located on the plans. Maximum attenuation per splice shall be 0.3 dB. z. Fan Out Kits. Fan out kits shall be provided for separation and protection of individual fibers with buffer tubing and jacketing materials suitable for termination of the fiber and fiber optic connector as specified. aa. Splice Enclosure. Ends of continuous fiber cable runs and/or traffic signal controller branch circuit points shall be spliced in an outside plant splice enclosure located in handholes as shown on plans. Enclosure shall accept a minimum of six cables and provide enough trays to splice all fibers. All fiber cables shall enter the enclosure at one end. Enclosure shall be watertight and re -enterable using gel - compressed cable connections and a re -enterable gasket. bb. Fiber splice loss shall not exceed the limits of TIA/EIA 568. 18. Mounting Hardware a. All pedestrian and vehicular signals heads shall be provided with adjustable cable brackets for mounting, as well as all other hardware necessary to completely mount the signals. All signal heads shall connect to poles and mast arms using adjustable cable tie supported brackets. Brackets shall not be painted unless otherwise shown on the plans. Plumbizers are not acceptable. All openings not used shall be plugged with a metal octagonal signal closure cap. No plastic devices of any type will be allowed. Top and bottom brackets will be required for all pole -mounted signal heads unless otherwise shown in the plans. All mounting brackets shall be stainless steel, not painted. 19. Pedestrian Pushbutton Detectors a. Pedestrian pushbutton detectors shall be ADA compliant and shall have a pressure or piezo-electric activated solid state with no handles or toggle switches. The contacts shall be entirely insulated from the case and operating button with terminals for making connections. b. The entire assembly shall be weatherproof, watertight, and freeze -proof and shall be secure against electrical shock and be of such construction as to withstand continuous hard usage. The contact shall be normally open and no current flowing except at the moment of actuation. c. The push button shall have an LED light and shall flash each time the button is pushed. The push button shall emit an audible sound when the button is pushed and emit an audible sound of different frequency when the button is released. 20. Accessible Pedestrian Signals a. Push buttons shall meet the requirement of Section D.19 except where modified in this section. b. Pedestrian detection shall have audio capability with differing frequencies corresponding to each pedestrian signal indication and audio tactile push buttons. The push button should activate the audible signal only for the crosswalk where the push button is activated. c. Accessible Pedestrian Signals and Detectors shall be provided at all pedestrian signals where called for on the plans and shall meet the requirements of the latest version of the Manual on Uniform Traffic Control Devices. SPECIFICATIONS PAGE VI -13 d. APS shall be provided with the following features: i) Both audible and vibro-tactile walk indications ii) Vibro-tactile walk indications shall be provided by a tactile arrow on the pushbutton that vibrates during the walk interval iii) An audible walk indication during the walk interval only. The audible walk indication shall be audible from the beginning of the associated crosswalk. The audio volume and direction shall be programmed to be heard as close to the crosswalk it is controlling as possible to avoid confusion with the other nearby crossing. It shall be placed as close to the curb of the corresponding crosswalk as possible. iv) All audible walk indications shall be a speech walk message. Speech walk messages shall be patterned after the following model: "{name of street). Walk sign is on to cross {name of street]." v) Audible detection beacon audio intensity shall be auto -adjusted based on ambient noise. e. Extended pushbutton features are not required unless otherwise noted on the plans. f. Contractor shall submit shop drawings for all APS and detector equipment for approval. g. Any wiring and equipment required for a complete accessible pedestrian signal and detector installation not indicated in the plans, shall be included in the Traffic Signalization bid item. 21. Signal Service Meter Bypass Socket a. Service panel cabinets shall be furnished when indicated on the project plans and be installed onto the traffic signal controller cabinet by the Contractor. Meter socket shall be UL and ANSI approved and a stamp showing approvals must be visible on inside of the socket. Meter sockets shall be constructed of steel ar,d finished with light gray coating. The coating shall be electrostatically applied. b. The meter socket shall be rated for two 100 -amp or 200 -amp terminals and have a fifth terminal as a neutral. The meter socket shall also operate with a bypass device so that the traffic signal will not power down during installation or removal of the utility meter. The utility company will supply and install the meter once the Contractor notifies them of the traffic signal startup. c. All units shall be any one of the following: Anchor Electric U42552 -HO, Landis and GYR, HQ -5U- 40405-015, Millbank NU9318-XL, Durham T -H5213 -U (HCP), or approved equal. 22. Power Disconnect a. The cabinet shall come with a properly rated power disconnect. It shall disconnect the power from the utility source to the cabinet so that there are no "hot" circuits or terminals inside the cabinet when servicing it. 23. Emergency Vehicle Pre-Emption (EVP) System a. EVP system shall be fully compatible with City's existing OPTICOM system and shall conform to the plans using Model 764 detectors. b. EVP Detector and Light Installation. The detectors, indicator lights, wiring and connections shall be installed in accordance with the manufacturer's instructions. c. In the event at installation a noticeable obstruction is present in line with the detector, the Contractor shall advise the Engineer before installation. d. The detector and indicator light shall be attached to the traffic signal mast arm to the satisfaction of the Engineer. e. All hardware shall be tightened securely. f. The detector and indicator light shall be installed and mounted in such a way so as to insure the watertight integrity of the complete assembly. The detector shall be installed with the drain hole at the bottom. g. There shall be no detector cable splices from the EVP detector on the traffic signal mast arm to the traffic signal cabinet. The detector cable shall be marked in the traffic signal cabinet as to which street and direction it is associated. h. All EVP detectors and EVP indicator lights shall be operational when each traffic control signal system is initially turned on. SPECIFICATIONS PAGE VI -14 . The Contractor shall furnish and install 3/c No. 20 AWG EVP detector cables and 3/c No. 14 cables for the confirmation lights where indicated in the plans. Emergency vehicle pre-emption cables (3/c No. 20) shall be installed continuous without splices or terminals from the EVP detector to the traffic signal cabinet. 24. Traffic Monitoring Camera a. Outdoor monitoring cameras shall be installed with full remote control and monitoring capability activated from Waterloo Traffic Operations Center at 625 Glenwood Street, Waterloo, Iowa. As a minimum, system capabilities and features shall include H.264, IP Addressable, Pan - Tilt - Zoom, Auto Focus, and surge protection, High -Resolution Integrated Camera/Optics with self-cleaning lens, built-in back box memory to store camera and location -specific dome settings, including labels, presets, patterns, and zones. These settings shall be automatically downloaded if a new dome drive is installed. 25. Wireless Communications a. Wireless technology shall be compatible with Waterloo's existing system. Signal controller and monitoring cameras shall be connected to WTOD by wireless communications. The City has a wireless communications backbone with several tower and access point devices. For more information on locations and type of existing devices, contact Mohammad Elahi, City Traffic Engineer, at (319) 291-4440. b. Mean time between failures and warranty: 100,000 hours, one year on parts and labor, and manufacturer's warranty, whichever provides for longest combination coverage. c. The Contractor shall be responsible for designing a fully -functional wireless communication system connected to Traffic Operations Center. It shall be the Contractor's responsibility to assure the delivery of a working system, including the use of proper equipment, appropriate installation, acceptable communication, and central location's remote, monitoring, and control capabilities. d. System shall include antennas, cables, jumpers, pole mounts, protectors, and all items necessary to make a complete working system which shall be in accordance with the wireless and camera manufacturer's recommendations to provide a complete working system suitable for traffic monitoring. 26. Inductive Detector Loops a. Loops in existing pavements shall be saw -cut. Loops in new pavement shall be prefabricated and buried/embedded. All loops shall be individually placed in pavement and terminated in handholes. b. Loop Wire. The loop wire shall be 600 -volt stranded copper, No. 14 AWG, Type THWN, with UL approval. The loop wire shall be protected by a flexible vinyl plastic tubing of 3/16 -inch inner diameter, a minimum of 1/32 -inch wall thickness, 1/4 -inch outer diameter. The tubing shall also be highly abrasion resistant and have a smooth bore. c. New Pavement Loop Cable. Shall be prefabricated and designed to be overlaid with hot asphalt or embedded in Portland cement concrete. The loop cable and assembly shall be capable of direct placement under asphalt overlays or concrete pavement without need for additional tubing. Each component of the prefabricated loop assembly, including the loop, the lead-in cable and the splice enclosure, shall be designed to resist moisture penetration and to continue functioning under minor pavement cracking. The cable may be around 0.36 inch O.D. and shall be made with such material as to ensure long, trouble free life. Splices are allowed only inside the handhole. All other connections shall be factory connected and sealed. d. The Contractor shall obtain Engineer's field verification of all loop locations prior to beginning of construction. e. If the prefabricated loop detector is destroyed before, during or after the paving operation, it shall be replaced with another prefabricated loop detector even if this entails the removal of several panels of concrete. Cost of replacement shall be the responsibility of the faulty party and no cost will be borne by the City. f. Existing Pavement. Inductive loops consisting of three turns (four turns for back loops) of wire shall be saw cut in the pavement, with the width of cut being 3/8 inch and with a depth of 2 1/2 inches to 2 3/4 inches deep. Sharp (120 degree or less) corners shall be provided with an additional diagonal SPECIFICATIONS PAGE VI -15 saw cut as shown in the plans. All saw cuts shall be overlapped sufficiently so that a full 2 1/2 inch to 2 3/4 inch depth of cut results around the entire perimeter of the loop. For each -additional turn of wire, 1/4 inch of depth shall be added to the saw cut. Generally, all front loops have three 3 turns and all back loops have four turns of No. 14 AWG wire unless otherwise shown on plans or determined by Engineer during construction of the loop. g. For curbed streets, the saw cut shall be extended to the gutter line and a hole shall be drilled through the gutter line toward the handhole. No saw cut will be allowed into the curb face. For non -curbed streets, the saw cut shall extend to a hole drilled near the edge of the pavement as shown on the plans. A length of 3/4 -inch diameter PVC conduit shall be inserted and sealed into the drilled hole from the outside edge of the pavement. h. Prior to placement of wire, the saw cut shall be clean and free of water and all foreign materials that may cause premature failure. Loop wire, encased in plastic vinyl tubing, shall be placed in the finished cut. i. Short pieces of backer rope of 3 to 4 inches shall be used, where necessary, to assure that the loop wire will remain at the bottom of the saw cut and not float up into the sealant. Lead-in wires outside of the loop shall be twisted approximately one turn per foot. All wire installation must be made without damage to the wire or its insulation. All damaged wire shall be replaced. j. Loop testing completed in accordance with Article 2505.03.F.6 of the Iowa DOT Standard Specifications. During saw cut and prefabrication loop testing, the City of Waterloo, the Contractor, and/or Engineer shall be present during all testing procedures. Any loop that tests below the 100 mega ohms value shall be considered to be a faulty loop and shall be replaced. k. After obtaining satisfactory test results, the loop shall be sealed with Pro -Seal 6006 EX, Ruscoe Q Seal 290S, 3M Detector Loop Sealant 5000 or approved equivalent. If an approved equivalent is used, it must be approved by the City of Waterloo's Traffic Operations Department. The sealer shall be used strictly in accordance with the manufacturer's instructions. If sealant is placed below manufacturer's recommended temperature requirements, i.e., placement during late fall and winter, the loop shall not be accepted until the outside air temperature is at or above the manufacturer's recommended minimum temperature. The sealer shall be poured into the slot to half depth. When both the loop and lead-in slots are half filled, check for air bubbles or material pileup and then proceed to fill the slots to roadway level. Excess sealant shall be removed by means of a "Squeegee." I. In all cases, there shall be neither a trough nor a mound formed. The sealer, when poured into a saw cut, should completely surround the wire, displace all air therein and completely fill the area of the slot, except for that portion filled with the wire hold down material. Allow sufficient time for the sealer to harden in accordance with manufacturer's instructions before allowing traffic to move over the area. m. The saw slot filler shall be a two -component system, high -viscosity liquid or approved equal formulated for use in sealing inductive wire loops and leads embedded in asphaltic cement concrete and in Portland cement concrete. The saw slot filler shall be useable on grades of 15% or less without excessive flow of material, unless otherwise approved by the Engineer. n. The Engineer shall approve the sealer. Approval of other sealants shall be based on Specifications and/or test data about their physical properties, performance properties and chemical resistance. The cured sealer shall be unaffected by oils, gasoline, grease, acids and most alkalis. The mixing of components and the filling of the cut shall be in accordance with the directions of the manufacturer. o. After completion of the sealing, the loop shall be final tested, as described in paragraph above. Completed sealed loop must pass continuity and resistance test prior to being accepted. p. Loop Splicing. The electrical splice between the loop lead-in cable to the controller and the loop wire shall be soldered using dipped or resin core solder and provided with a watertight protective covering for the spliced wire, the shielding on the loop lead-ins and the end of the tubing containing the loop wires. No torch soldering will be allowed. Remove the insulation from each conductor of a pair of lead-in cable conductors for 1 inch and scrape both copper conductors with knife until bright. Remove the plastic tubing from the loop wires for 1 1/2 inches. Remove the insulation from the loop wires for 1 inch and scrape both copper conductors with knife until bright. Solder the loop wires together where needed for series connection and to the lead-in wires and cover with a wire nut twisted on tightly. Cover the exposed shielding, drain wire and wire nut splices with a fast -drying brush -up type sealant and bonding compound manufactured for this purpose to protect surfaces against moisture, corrosion and other contaminants. The compound shall withstand Iowa's extreme weather conditions. Any unused loop lead-in wire shall have the end of it also covered with this compound. SPECIFICATIONS PAGE VI -16 27. Luminaires a. Unless otherwise shown on the plans, the luminaires shall LED lights, provide ANSI/IES light distribution pattern Type III, and shall meet all of the following requirements: i) Color Temperature: Between 4000-4400 Kelvin ii) Lumens Per Watt: Min 67 iii) Wattage: Max 150 W iv) L70 Life: Min 90,000 Hours b. Based on light locations as shown in the plans, photometric layout shall be provided by the supplier meeting the following requirements: c. 0.6 Average Foot-candle on Pavement Surface d. Luminaire and lamp size required for a particular system shall be as needed to meet these requirements. e. Luminaire shall be finished to match color and style of pole. f. Supplier shall provide a catalog cut sheet of luminaire for review by WTOD prior to acceptance. i) Luminaires shall be installed for operation on 120 -volt AC, single phase, 60 Hz. g. Lighting conductors installed for luminaires shall be 1/C No. 10 stranded type THWN, unless otherwise indicated on the plans h. Each luminaire shall be complete with EEI-NEMA Standard through terminal polarized, twist -lock type photoelectric control receptacle. Provide shorting caps on all luminaires with photoelectric control for the intersection installed on the controller cabinet. i. Where a photocell is to be installed, the Contractor shall verify that the luminaire photocell is operational prior to installation. j. Individual luminaires shall be provided with molded in-line fuse connector within the mast arm pole base. Molded fused connector shall provide waterproof connections with breakaway feature, and be sized to fit the conductors. Fuses shall be 10 -ampere cartridge type. The neutral conductor shall not be fused. k. Street light connectors shall be used for all luminaire cable connections. Split bolts shall not be used. i) The photoelectric control turning "ON" and "OFF" roadway luminaires shall be in accordance with the following: ii) The photoelectric controls shall be of a solid-state crystal sensing type with an inverted turn -on and turn-off design and shall meet the design and quality requirements specified in the current acceptable standards to ANSI C136.10. The device shall have surge protection conforming to the requirements in the current acceptable surge protection ANSI standards. iii) The voltage rating of the control device shall be multi -voltage operating properly over the input voltage range of 105 to 285 volts, 50-60 Hz, alternating current with no change in the turn -on and turn-off foot-candle values, and a maximum total drift of not more than 1% over ten years. iv) The control device shall have a minimum 30 -second time delay to eliminate false operation due to lightning or stray passing lights, shall provide fail-safe operation (the light supply shall remain "ON" if the control circuit fails), and shall be equipped with an arrester for built-in transient surge protection. v) The "TURN ON" level of the control device shall be 3.0 foot-candles at the appropriate voltage; the "TURN OFF" level of the control device shall be 60% of the turn -on value. I. An "ON-OFF" switch shall be provided inside each controller cabinet that controls power to all lighting circuits at that intersection. 28. Video Detection System (VDS) a. 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 housed inside the cabinet, shall be IP compatible, and shall accept third party -compatible cameras. c. Camera shall be mounted according to the manufacturer's recommendations. d. Cameras shall be mounted on a 6 -foot -long riser attached to the traffic signal mast arm. Camera shall be positioned on the mast arm such that it is centered over the approach that it is detecting or on the lane line (extended) that separates approach through lane(s) from approach auxiliary left turn lane(s), if present. SPECIFICATIONS PAGE VI -17 e. NEMA compatible output to NEMA TS2 Type 1 controller with signal output for detection as NEMA loop detectors. f. Settable and definable loop detection area up to at least 300 feet measured from the camera mounting location. g. Minimum roadway surface coverage within 15 -degree cone of camera vision from camera lens axis measured from the camera mounting. h. 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. i. Detector features shall include count detection, presence and passage detection, speed detection, label displays, data gathering stations, and contrast loss detection. j. Image shall be able to be calibrated for accurate distances. k. Shall have fail-safe feature with fixed time, max time, or min time selection. I. Shall be user-friendly and provide easy programming within Windows XP or Windows 7 environment. m. The camera assembly, including mountings, shall withstand 90 mile per hour winds. n. Shall maintain acceptable performance during night hours with no ambient lighting. o. Shall have heating or features to maintain full operability in presence of snow and ice. p. Shall not fog. q. 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. Communication link will be provided as a different part of the project. VDS system shall be connected to an inside cabinet Ethernet switch to establish the VDS link to the Traffic Operations Center. r. The system shall have a two-year warranty. s. Housing shall be maintenance free. t. Shall not cause adverse electronic effect on the controllers operations. u. Shall operate at a mounting height of 20 feet or less, and up to 35 feet or more. v. Provide self -diagnostics of power -up and reporting failures. w. The system shall be capable of recognizing vehicular travel/movement directions. x. Shall have remote zooming capability. y. Shall operate satisfactorily between temperatures ranging from —30° F to 140° F. z. Camera and camera assembly shall have features or shall be designed to reduce the need for manual cleaning of the camera or enclosure lens. 29. Salvaged Materials a. All existing signal materials and equipment not listed in the Specifications and which are not being incorporated into the final project shall be salvaged by the Contractor and stockpiled at the project site for pick up by WTOD personnel. Such items will remain the property of the City. Contractor may be allowed to deliver the salvaged equipment and materials to the City, but prior authorization and coordination is required. Traffic signal equipment and materials to be salvaged include: poles and mast arms, signal heads and signs mounted on signal poles or mast arms, signal controllers and cabinets, cameras, EVP detectors and indicator lights. 30. Method of Measurement and Basis of Payment a. The "Traffic Signalization" work includes all traffic signal system components, interconnection system, luminaire pole extensions and luminaires which are mounted on the traffic signal poles, as detailed on the plans and described in the Specifications, to provide a fully operational system. No other payment will be made for work covered by the Specifications, but all work will be considered to be included in the lump sum price for "Traffic Signalization." b. Compensation to the Contractor for all work covered by the Specifications shall be made at the Contract Lump Sum price for the signal system installation, complete, in place, and operating. No measurement or payment of individual traffic signal items will be made except for purposes of progress payments. The Contract Lump Sum payment shall be full compensation for all items of work and no separate payment for any individual items will be made. SPECIFICATIONS PAGE VI -18 E. SIGNS 1. Signing Material a. Signing material shall comply with Section 4186 of the Iowa DOT Standards Specifications. b. All signs faces shall be made of Type IV or Type V retroreflective material. c. All sign plates shall be made of 12 gauge aluminum except that signs with the longest side of more than 36 inch shall be made of 8 gauge aluminum. 2. Street Name Signs a. Length and Width. Sign length and width are determined based on the street name, letter size and type. Street name signs mounted overhead shall use 12 -inch Upper Case and 9 -inch Lower Case lettering. The substrate shall be aluminum, 6061-T6, 0.10 -inch minimum thickness or of material specified on the plans. The nameplate shall have a minimum length of 48 inches. The sign length shall be in 6 -inch increments. b. Unmounted faces shall be shipped 1/4 -inch wider and with 1/4 -inch longer than the required width and length. The face shall be registered in the lower right corner with right and bottom border correct (3/4 inch) and the extra 1/4 inch at the top and left edge. Corners of the mounted nameplate shall be rounded (radius of corner must correspond to border radius) or as specified on the plans. c. Reflective Sheeting. The sign face shall be made from Type IV prismatic type retro -reflective sheeting. d. Processing. When screen processing, transparent screen process color shall be coated with a clear finish. Screen processed opaque black color need not be clear coated. All screen processing and clear coating shall be in accordance with the recommendations of the sheeting manufacturer. Sign faces may be produced by direct application of cutout copy onto mechanically applied background in accordance with sheeting manufacturers' recommendations. e. Application. For mounted signs, reflective sheeting shall be applied to sign blades that have been properly prepared. The sign faces shall be applied using the heat -vacuum process or squeeze roller application in accordance with the recommendations of the sheeting manufacturer. f. Letter Design. Standard abbreviations for street, avenue, boulevard, etc., shall be used following the street name or number. Legend shall optically be spaced and centered, both horizontally and vertically. The charts for standard alphabets (capital or upper case) for highway signs for letter design and spacing shall be used. g. Border. The border shall be 3/4 -inch wide with 2 1/4 -inch radius corners set on a square corner. The dimension between the inside edges of the border vertically and horizontally shall be 16 1/2 inches wide by 1 1/2 inches shorter than the chosen length of the sign blade. h. Shop Drawings. Submit a sign layout shop drawing for each different mast arm -mounted street name sign for review and acceptance prior to sign fabrication. F. PAVEMENT MARKINGS 1. Pavement Markings a. Pavement markings shall comply with the requirements of Section 4183 of the Iowa DOT Standard Specifications, except where modified in these Specifications. 2. High Durability Pavement Markings a. High durability pavement markings (HDPM) shall be pre -formed pavement markings and shall be designed and manufactured to perform well under intersection repeated stop and go conditions. HDPM shall be retroreflective. b. HDPM shall either be thermo plastic heated in place or tape with adhesive. c. The contractor shall provide manufacturer's literature showing thickness, pigment type, retroreflectivity, and skid resistance levels compared to FHWA, AASHTO, and ASTM standards. d. HDPM shall be transported, stored and applied in accordance with the manufacturer's instructions. e. HDPM shall be suitable for either asphalt or concrete surfaces. f. WTOD shall have the right to ask the contractor to provide reference information for places similar to Waterloo's climate where the HDPM has been used in order to approve submittals (catalogue cuts) SPECIFICATIONS PAGE VI -19 for HDPM. G. ESTIMATED QUANTITIES FOR LUMP SUM TRAFFIC SIGNALIZATION BID ITEM No. ITEM QNTY UNIT 1 47 FT MAST ARM POLE COMPLETE WITH TRANSFORMER BASE 1 EA 2 67 FT MAST ARM POLE COMPLETE WITH DAMPING MECHANISM 1 EA 3 3 -SEC 12" LED SIGNAL HEAD RYG SOLID BALL COMPLETE 6 EA 4 3 -SEC 12" LED SIGNAL HEAD RYG LEFT ARROW COMPLETE 2 EA 5 5 -SEC 12" LED SIGNAL HEAD RYG SOLID BALL AND GY RIGHT ARROW COMPLETE 2 EA 6 3" PVC SCH 80 CONDUIT BORED 89 LF 7 3"PVC SCH 80 CONDUIT TRENCHED 45 LF 8 HANDHOLE AS PER PLANS 1 EA 9 12C#16 SIGNAL 157 LF 10 5C#16 SIGNAL 421 LF 11 1C#6 GREEN COPPER 157 LF 12 7C#16 SIGNAL 26 LF SPECIFICATIONS PAGE VI -20 VII- SPECIAL PROVISIONS SAN MARNA N / LAPORTE TRAFFIC SAFETY IMPROVEMENTS DOT Project Number: CS -TSF -8155(736)-85-07 City Project Number: TOF-230 The following sections of the Specifications are modified for this project as noted below: SECTION DESCRIPTION NOTES A. GENERAL 1. Scope B. DEFINITIONS 1. Terms used in these Standard Specifications C. RELATED SPECIFICATIONS AND STANDARDS D. TRAFFIC SIGNALIZATION 1. General 2. Solid State Actuated Traffic Signal Controllers N/A 3. Controller Cabinet N/A 4. Loop Detector Amplifiers N/A 5. Traffic Signal Battery Backup System (BBS) N/A 6. Vehicular Signal Heads 7. Pedestrian Signal Heads N/A 8. Backplates 9. Foundations 10. Traffic Signal Pedestals N/A 11. Galvanized Steel Traffic Signal Supports And Light Poles 12. Electrical 13. Bonding and Grounding 14. Cables and Wires 15. Handholes 16. Conduit 17. Fiber Optics Cable N/A 18. Mounting Hardware 19. Pedestrian Pushbutton Detectors N/A 20. Accessible Pedestrian Signals 21. Signal Service Meter Bypass Socket N/A 22. Power Disconnect N/A 23. Emergency Vehicle Pre-Emption (EVP) System N/A 24. Traffic Monitoring Camera _ N/A 25. Wireless Communications N/A 26. Inductive Detector Loops N/A 27. Luminaires N/A 28. Video Detection System (VDS) N/A 29. Salvaged Materials N/A 30. Method of Measurement And Basis of Payment E. SIGNS N/A SPECIAL PROVISIONS PAGE VII -1 1_ Signing Material N/A 2_ Street Name Signs N/A F. PAVEMENT MARKINGS N/A 1. Pavement Markings N/A 2. High Durability Pavement Markings N/A SPECIAL PROVISIONS PAGE VII -2 CITY OF WATERLOO VIII- GENERAL CONDITIONS OF CONTRACT A. Scope 1. This General Conditions of Contract, referred to here after as GCC, consist of the terms and condition under which the Contract is executed and shall govern the execution of the Contract. This GCC sets the terms of the Contract signed by the Contractor and the City of Waterloo unless otherwise modified by the Special Conditions of Contract (SCC). Under this GCC all traffic works as described in plans and other parts of the Contract Documents shall be complete, in place, ready to be used, and operative. The Contractors work covered by this GCC consists of furnishing all labor, equipment and materials and performing all required operations to complete the Contract works. B. Inclusion of Documents 2. It is understood and agreed that this GCC is part of the Contract; also the resolution adopted by the City Council approving the construction of the improvement, the Notice to Bidders as published, the Instruction to Bidders, the Form of Proposal, the Performance Bond, the Council Proceedings relating to this matter, and the Plans and Specifications and all other documents contained in the Contract Documents shall all be considered as forming a part of the Contract the same as though they were each set out in said Contract. C. Contractor's Responsibility 3. The Contractor agrees to perform the Contract work and install the improvements on the terms set out in the Contractor's bid or proposal to the City which has been accepted by the City and which is by reference made a part of this GCC. 4. The Contractor agrees to commence the work, subject of the Contract, within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before ninety working days from the date of Notice to Proceed and any extension of time that is granted by the City. 5. Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of the Contact, or the plans and Specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said Contractor and deduct any and all such sums from any amount then due the Contractor. 6. Should any part of any traffic signal system installed as part of the Contract fail within the warranty period the Contractor shall correct the failure and deliver a working system. In the event of the failure or default of the Contractor to remedy any or all system failures due to defects in said work within the warranty period and starting from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office, addressed to the Contractor at the address in the Contract Documents, then the City may proceed to remedy such defects. The costs and expenses thereof shall be the Contractor responsibility. 7. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of the Contract, and of the plans, and Specifications made a part hereof by reference, and to the satisfaction and approval of the City and its Traffic Engineer. 8. The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his/her agents, while work is done pursuant to this agreement. 9. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public GENERAL CONDITIONS OF CONTRACT PAGE VIII -1 liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. 10. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City representative. 11. Any material or equipment that has been rejected by the construction reviewer shall be at once removed from the line of work and shall not be again taken thereon or placed with the material proposed to be used without the written consent of the Engineer. 12. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. 13. The Contractor agrees to pay punctually all just claims of labor, material, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor and material under the contract. 14. The Contractor agrees to furnish the City, simultaneously with the contract, a bond on a form to be provided by the City in the amount provided by law, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of the Contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of the Contract. 15. The Contractor agrees that should it abandon work under the Contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. 16. After the completion of said work, the Contractor agrees to remove all debris and cleanup said streets, and to save the City harmless from any damage allegedly resulting from a failure to cleanup and remove the debris or put the street back in a proper condition for travel. The Contractor shall thoroughly clean the site and restore it to a condition at least equal to that existing prior to construction. 17. The Contractor and/or his/her representative shall perform all work required and furnish all labor, materials, equipment, tools, transportation and supplies necessary to complete the work in accordance with the project plans and specifications. Should any misunderstanding arise as to the intent or meaning of the plans or specifications, the decision of the City shall be final and conclusive. 18. The Contractor is specifically assigned full responsibility for all work and equipment installed by the Contractor, either permanent or temporary, particularly traffic signals, from the time that the Contractor begins work until final acceptance. The Contractor shall thereafter have an individual on call. This individual shall have the training and equipment required to make all necessary repairs to eliminate any conditions adverse to public safety and should be able to restore any of the Contract's intersection traffic signal systems to safe operation. All costs associated with such repair and emergency control shall be borne by the Contractor except when caused by events beyond the Contractor's responsibility. 19. The Contractor shall flash signals at new signalization locations for a minimum of 72 hours before turn on. The City shall be notified in writing before the signals are put on flash. The Contractor shall notify the City Traffic Operations Department in writing after the installation is 100 percent completed. 100 percent complete shall mean all equipment, including but not limited to, controller, signals and wiring, handholes, loop and/or video detectors including sealing, functional interconnect, luminaires, any required operational pre-emption sequences, signs and complete controller GENERAL CONDITIONS OF CONTRACT PAGE VIII -2 cabinet documentation and equipment to be completely and fully operational_ The thirty- (30) -day burn in period will then begin. Once this writing is received by the Traffic Operations Department, the City will then inspect the installation. A punch list will then be issued. AU repairs and testing of the field equipment shall be done by the Contractor. The Contractor shall have complete records of the work performed while under construction, including as -built plans. Log -in sheets of the intersection where work is performed shall be maintained until completion and documents are turned over at 100% completion of job. Prior to the turn on, the time and date of turn on of the signal system shall be mutually agreed upon by the City and the Contractor. 20. The Contractor shall designate in writing to the City Traffic Operations Department an emergency telephone number where he/she or his/her representative may be contacted concerning response on-call service. The Contractor shall be on-call twenty-four (24) hours, seven (7) days a week, including holidays, for making repairs. When a system or installation is not in operation or not illuminated due to equipment failure or external damage, an authorized person will notify the Contractor of such failure. The Contractor shall respond to correct the failure within the specified response time. The responsive maintenance shall apply from the beginning of the Contract until signal system is operational including burn in time. All response time shall be less than 24 hours except when an emergency or dangerous situation exists, in which case the Contractor shall immediately dispatch qualified personnel to eliminate such condition. Contractor shall provide names and phone numbers to the City of people who are on 24-hour call. 21. If the Contractor's response time exceeds the time limit as outlined in the previous section by 24 hours, the City shall employ another contractor to repair the failed intersection at the expense of the original Contractor or, at the City's discretion, the work will be completed by City staff and charged back to the Contractor. D. Traffic Control 22. The Contractor and/or his/her representatives at all times shall conduct his/her operation in such a manner as to insure the safety of the motorists, the pedestrian, and his/her own employees. The Contractor shall perform his/her work in such a manner and sequence as to maintain vehicular and pedestrian traffic at all times and to maintain access to adjacent private properties. 23. Where excavations occur in the sidewalks or other pedestrian -ways or adjacent areas the Contractor shall provide a safe and orderly pedestrian passage around the excavation area. The pedestrian passage shall not subject pedestrians to walk upon unsuitable or hazardous surfaces. Special consideration shall be given to areas used by people with disabilities particularly visually impaired persons. 24. At the end of each day's work and at all other times when construction operations are suspended, all work and other obstructions shall be removed from that portion of the roadway or sidewalk normally open for traffic. 25. The Iowa Department of Transportation specification for traffic controls applies. The Contractor shall furnish, install, and maintain all devices for directing, warning and re-routing traffic flow, including warning lights, barricades, and other devices necessary to adequately inform the motorists of unusual or unsafe conditions and guide him safely through the Contract work area. E. Coordination with Utilities 26. The Contractor and/or his/her representative shall be responsible for determining the exact location and elevation of all public utilities in proximity to his/her construction work and shall conduct his/her activities such that the public utilities shall not be disturbed or damaged. 27. Liability. The Contractor shall be fully liable for all expenses incurred because of his/her failure to obtain required clearances, location of utilities, and any damage to the public utilities caused by his/her work and/or his/her representative. F. Contractor Submissions 28. Within sixty days after awarding of the Contract for the project, the Contractor shall submit a list of names of the equipment manufacturer and catalog number of each item he/she proposes to install on the project. The list shall be submitted in 1 hard copy and 1 electronic copy by email or other media to the City for approval before any equipment or materials are ordered. 29. Shop Drawings. Prior to the fabrication of any of the components listed herein but not more than sixty days after the approval of the material and equipment lists, the Contractor shall submit 1 hard copy and preferable an additional GENERAL CONDITIONS OF CONTRACT PAGE VIII -3 electronic copy of shop drawings to the City for approval. As a minimum, the following shop drawings shall be provided: Cabinet and mast arm structure fabrication drawings showing complete dimensions, material, fabrication techniques including location and type of welds. 30. Review of shop drawings by the Engineer is for checking for general conformance with the project design concept and Contract Documents. On each submittal, the Contractor shall specify in writing any deviations from the requirements of the plans or Contract Documents. Any approval of shop drawings by the Engineer does not relieve the Contractor of responsibility for providing satisfactory materials and equipment meeting the requirements of the plans and Contract Documents. If there are errors in the drawings not detected by the Engineer, the approval shall not be construed to permit the Contractor to proceed in error. 31. Schedule of Unit Prices. Immediately after the award of the Contract the Contractor shall forward to the City for approval 1 copy of a breakdown list of unit costs for the lump sum traffic signalization bid item. 32. Warranty. In addition to the warranties on specific traffic signal equipment listed elsewhere in the Contract Documents, the Contractor shall fully guarantee the traffic signal installation for any malfunction due to faulty equipment, materials or workmanship for six (6) months after final acceptance of the project. The Contractor prior to final acceptance shall provide this guarantee in writing on company or corporation letterhead stationery. The Contractor shall transfer all required equipment warranties on the date of final acceptance to the City. Project acceptance is when the Waterloo City Council final approves the project. G. Payments 33. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of the Contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Bidders, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City plus any approved change orders. 34. Progress payments to the Contractor will made based on pay estimates. Monthly estimates of the work performed on the project are made by the Engineer as the basis for progress payments to the Contractor. An invoice from the contractor shall not be the basis for payment. The contractor should submit an invoice based on what the contractor believes is the acceptable quality and quantity of work to be considered by the Engineer in preparing a pay estimate. 35. The City will keep 5% retainage from all payments to the contractor until the project is final accepted by Waterloo City Council at which time the Contractor shall submit a request for release of retainage to the Engineer. The Contractor may submit a request for release of retainage at the same time he/she submits a request for final acceptance of work. 36. Upon receipt of a final acceptance request from the Contractor the Engineer will process a final pay estimate. If the Contractor does not agree with the final amount, the Contractor has 60 days from the date of final acceptance of the project to contest the final pay estimate and provide the Engineer with evidence that the final pay estimate is not correct, otherwise the final pay estimate shall be considered approved and acceptable by the Contractor for full compensation for his/her work under the Contract. 37. Compensation to the Contractor for the lump sum traffic signalization work will be made at the Contract lump sum price for the signalization, complete, in place, and operating. No measurements or payment of individual traffic signal items will be made except for purposes of progress payments. Plan quantities are for estimating purposes only and no direct payment will be made for any materials or work required to complete works for the lump sum bid item signalization unless specifically provided for in the Contract Documents. 38. The bid item quantities may vary up to 20% at the Contract unit prices except for lump sum items and except when it causes the total Contract price to increase or decrease by more than 20%. Increase or decrease of more than 20% of the bid quantities or total Contract price shall require City of Waterloo Council approval. Price changes due to quantity variation of more than 20% will be mutually agreed on by the Contractor and the City. 39. Variation in lump sum item costs shall be approved by the Engineer prior to performance of that work. Variation of more than 20% of a lump sum cost shall require City of Waterloo Council Approval. GENERAL CONDITIONS OF CONTRACT PAGE VIII -4 CITY OF WATERLOO IX- SPECIAL CONDITIONS OF CONTRACT Intersection of San Marnan Drive and LaPorte Road TRAFFIC SAFETY IMPROVEMENTS DOT Project Number: CS -TSF -8155(736)-85-07 City Project Number: TOF-230 The following conditions shall modify and prevail over the appropriate and/or corresponding conditions in General Conditions of Contract. 1. The Completion date for the project is September 30, 2015. 2. This project is funded by an Iowa DOT grant. The Contractor understands that City must obtain prior Iowa DOT concurrences and approvals in order to award a contract, process change orders, and make any other major changes or deviations from the project as defined in the Contract Documents. SPECIAL CONDITIONS OF CONTRACT PAGE IX -1 X- CONTRACT FOR THE CONSTRUCTION OF Intersection of San Marnan Drive and LaPorte Road TRAFFIC SAFETY IMPROVEMENTS Iowa DOT Project Number: CS -TSF -8155(736)--85-07 City Project Number TOF-230 CITY OF WATERLOO, IOWA This contract made and entered into this day of , 2014, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and to as Contractor), WITNESSETH: of (hereinafter referred Contractor agrees to build and construct the INTERSECTION OF SAN MARNAN DRIVE AND LAPORTE ROAD TRAFFIC SAFETY IMPROVEMENTS, and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. Contractor understands, agrees with, and is bound by the terms of General Conditions of Contract and Special Conditions of Contract contained in the Contract Documents. The total amount of the performance bond, based on the Contractor's total bid prices, and for which 100% surety bond is required is $ This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Contractor BY: Title: CITY OF WATERLOO, IOWA Mayor Approved by the City Council of the City of Waterloo, Iowa, on , 2014. ATTEST: , City Clerk, Waterloo, Iowa CONTRACT PAGE X-1 TRAFFIC SAFETY IMPROVEMENTS C1117 OF WerE'LDO .1 _RI CS-TSF-8155(736)--85-07 BLACK HAWK CO{ -NTY ITOF-2301 TOTAL KV -..P--.!"] CITY OF WATERLOO, IOWA DOT PROJECT NUMBER PROPOSED PLANS FOR CS -TSF -8155 (736)-85-07 BLACK HAWK COUNTY CITY PROJECT RtINBER URBAN ROAD SYSTEM TOF-230 a=M .7m1 MIII IIZ911/ =II iik- INTERSECTION OF LAPORTE ROAD AND E. SAN MARNAN DRIVE 1111126 -O- TRAFFIC SAFETY IMPROVEMENTS 1 ligiallial= M7 Cr' SCALES, As Noted The City of Waterloo Standard SpeCIrlcatlans For Traffic Works a014 and Special Provislons as per the Contract Documents shall apply. CITY OF WATERLOO PROJECT # CS -TSF -8155(736)--85-07 INDEX OF SHEETS NO, DESCRIPTION IlleoHummuntViiiitN:tit;Vi..;.:H. BLACK HAWK COUNTY -% •,,,,,...m. - 1 u . ,' ...,-, - ',. 7f . 41...__ii -P'"/ MN 1 [ 0 '. • IL,- " ;' -,. .,,,, - . ,,,,, '-, :, ''i j/ .:. ''..- 110 ' 7::. . -.Ns i - i '''' dat 11 .. i .1. .; 4 -G --, .......„.. \.. OK-CALL—VDU LIXAMS id1DO-E92-8951 s 1.,12 • ' '.— ' - -: ....1 '...: e .., .09 • , .. , -, i ';..1-'t. .4.,,V • :,,, .41Frrl 'IP- 17•''''' -7 ' ".itZP, E r: I E .:, , / ',... . - ... , HOMY Wan' 1MY INS OW 1.120,00, 4, .PO0 1 .7.,...7.711714%,410P Vary Artik1=,...30,4. 1-0CATION MAP , A TA "11 11a3 NO SCALE I. CITY OF WATERLOO TRAFFIC OPERATIONS DEPARTMENT INTERSECTION OF LAPORTE ROAD AND E. SAN MARNAN DRIVE Title Sheet A.01 CS- TSF -8155(736)- -85-07 TOF-230 TRAFFIC LEGEND 4- RELOCATE SIGNAL HEAD TO HERE 41— REPLACE WITH NEW SIGNAL HEAR GI. NEW SIGNAL HEAD <C EXISTING SIGNAL HEAD EXISTING GUARDRAIL ®e NEW STOP BAR 0 NEW POLE C) EXISTING POLE CIF- EXISTING PEDESTRIAN SIGNAL HEAD Ili— NEW 2 -SEC PEDESTRIAN SIGNAL HEAD El' NEW I -SEC PEG HEAD S EXISTING SIGN t- NEW SIGN ® REPLACE WITH NEW POLE RELOCATED POLE 0 EXISTING HANDHOLE O NEW HANDHOLE .......... EXISTING CONDUIT -�-� NEW CONDUIT r.o.w.,_ RIGHT OF WAV 0 Ak EXISTING CONTROLLER NEW CONTROLLER EXISTING LUMINAIRE EXTENSION EXISTING LUMINAIRE NEW LUMINAIRE o EXISTING SIGN POST NEW SIGN POST ELECTRICAL CABINET El 01 -� PHASE NUMBER AND MOVEMENT EXISTING BATTERY BACKUP CABINET • TELEPHONE MANHOLE c, ELECTRIC HANDHOLE St ELECTRIC POLE O EXISTING EVP DETECTOR GENERAL SYMBOLS Fire Hydrant Guardrail (Beam or Cable) • WH Water Hydrant (Rural) O TP Telephone Pedestal O TVP Television Pedestal -®. Telephone Pole G- -0 - Telephone Pole (Second Company) Power Pole Power Pole (Second Company> Power Pole (Third Company) Telephone Riser Pole Power Riser Pole Telegraph Pole - NE- - San,- __T_- - TX- __ PD -St. Sr -- G -G-HP- 52- - GE -HP- -E- - E2- -TV -- O FP O GV O WV O SL O MM ❑ SIGN O WHU ❑ RT O TA ❑ LB ❑ ICH ❑ RRB ❑ TSB Filler Pipe Gas Valve Water Valve Speed Limit Sign Mlle Marker Post Sign Water Hook Up Radio Tower Tower Anchor Electric Box Traffic Signal Control Box Roll Road Signal Control Box Telephone Switch Box Existing Vater Line Existing Voter Line (Second Company) Existing Sanitary Sewer Line Existing Telephone Line Existing Telephone Line (Second Company) Existing Fiber Optics Telephone Line Existing Storm Sewer Line Existing Gas Line Existing High Pressure Gas Line Existing Gas Line (Second Company) Existing High Pressure Gas Line (Second Company) Existing Power Line Existing Power Line (Second Company) Coble Television Line UTILITY COMPANIES/CIrP DEPARTMENTS MAYBE CONTACTED AT THE FOLLOWING PHONE NUMBERS DURING THE CONSTRUCTION OF THIS PROJECT: ONE -CALL -FIELD LOCATES 1-500-2028909 Karen Speicher, MMAmaicen Energy 0.193914860 Luke Breuer, MMAmerlcen Energy{IecIBc 31B4014728 Mike Urgs. Madacom 3192328800 Jeremy Ahrens, CenluryLlnk 3iE-399-7261 Walerioo Water Works 319432/6200 Clip o1 Waterloo Tremc Operelbne 3192014440 City of Welerloo Engineering Depemmenl 3193814312 Cay o1 Weierioo Waste Management 319-2814853 s A IS 0 X A/C RIGHT OF WAY LEGEND Proposed Right of Way Existing Right of Way Existing and Proposed Right of Woy Easement and Existing Right of Way Borrow Easement (Temporary) Easement Excess Property Line Access Control CONVENTIONAL SIGNS f o Survey Line Station Refinence Point w— — — — Section Corner Proposed Profile Grade Existing Existing Railroad Proposed Field Tile Plroposed Culverts Stream Symbols are Typical Onty, actual size may vary CS -TSF -8155(736)--85-07 TOF-230 INTERSECTION OF LAPORTE ROAD AND Er SAN MARNAN DRIVE Traffic Legend and General Symbols Ar02 BID ITEM QUANTITIES NO. DESCRIPTION QUANTITY UNIT 1 TRAFFIC SIGNALIZATION 1 LS 2 TRAFFIC CONTROL 1 LS 3 MOBILIZATION 1 LS CS -TSF -8155(736)--85-07 TOF-230 INTERSECTION OF LAPORTE ROAD AND E. SAN MARNAN DRIVE Estimated Quantiti?s C,01 BID ITEM QUANTITY REFERENCE NOTES ITEM NUMBER NOTES 1 All items are supply and install with all the necessary hardware and material, where applicable, unless otherwise indicated elsewhere on the plans. See sheet number N.02 for breakdown of estimated quantities. 2 Traffic control shall comply with the 2009 edition of Iowa Manual on Uniform Traffic Control Devices. CS -TSF -8155(736)--85-07 TOF-230 INTERSECTION OF LAPORTE ROAD AND E. SAN MARNAN DRIVE Estimated Quantiti?s C,01 6" (TYP do 2 TOP VEIW Cover Bolt Ring Insert Diagram COVER VIEW ANSI/SCTE Tier 15 Vertical: Test Lood 22,500 INs Lateral: Test Load 1,200 lbs/sq Ft. SIDE VIEW BODY: POLYMER CONCRETE COVER: POLYMER CONCRETE Welahl leg to (Minimum) Dale Nov IR 2013 ANSI / SCTE Tier 15 NOTES: 2. R _ 6 TIMES CONDUIT DIAMETER, AIN. 3. 3'-6' DIA. CIRCULAR BASE MAY BE S4. NO RERANEWELDSY 3SQUARE EXCEPT TOPAND BOTTOM BARS. 5. CONTRACTOR SHALL PROVIDE THE DESIGN SIGNED AND SEALED BY AN ENGINEER UCENSED IN IOWA. ANCHOR BOLT /�\� DUE Y MIN. CLEARANCE ( 12-/5 BARS, NCELY SPACED • MIN 18" ABS 24' GROUND ARE DUCT Y CONDUITS NUMBERS AS PER PLANS UMW 2 CONDUITS PER BASE. PVC OR SHOWN ON LAYOUT PLANS x. FINISHED GRADE BARS 1'- 0' (SEE NOTE 4) 3/4' PAC k GROUND RW (MIN. 5/8' DIA. BY 8' LONG) 12-5/ BARS EQUALLY SPACED — PROFILE CROSS SECTION MAST POLE BASE DETAILS NOT TO SCALE ANCHOR BOLT (TYPE.) A5 APPROVED AND SUPPLED BY POLE MANUFACTURER NOID: NO MELDS EXCEPT TOP AND BOTTOM BARS An ON e 0 0 0 L I'_ J AID' 12" SIGNAL HFAD DIMENSIONS ARE APPROXIMATE NO SCALE O 8 SIGN 36' x .16' 0 B STREET - NAME SIGN 24' x 60'' 12 INCH SIGNALS ATA LOUS£RED ALUMINUM BACRPLATES TOP OF PAVEMENT SURFACE OR SIGN 30' Y 36" 1 PEDESTRIAN SIGNAL HEAD. O 8 3' BY 5' HANOHOLE FRAME AND COVER LOCATED 18D DEGREES FROM MAST ARM SIGN R'B12'e—\ -PUSH-BUTTON' 4' NAB 2' CONCRETE WT OF GROUND TRANSFORMER BASE /NEN NOTE 6 NOTE 6 GROUND SURFACE AT POLE LOCATION FOR MINIMUM LOAONG INFORMATION. NOT PART OF THIS PROJECT. SEE NOTE 1. LI' -ID' - L TYPICAL TRANSFORMER BASES (NOTE 9) NOT TO SCALE HAST -ARM POLE DETAIL NOT TO SCALE J NQTE$: 1- THE LOADING SHOWN IS MINIMUM REQUIRED FOR MANUFACTVRIV; PURPOSES. SOME FEATURES MAY NOT BE REQUIRED AS PART OF THIS PROJECT. IF PLANS REQUIRE INCREASED LOADING THEN THE POLE SHALL BE MANUFACTURED ACCORDINGLY. 2- SIGNAL HEADS ARE ALUMINUM (FOR LOADING DESIGN). 3- SIGNAL LIGHTS ARE LED. 4- SIGNS ARE MADE OF ALUMINUM. 5- BACKPLATES (SIGNAL HEAD BORDERS) ARE LOUVERED ALUMINUM. 8- MINIMUM 7' IF NO PEDESTRIAN SIGNAL HEADS OR VEHICULAR SIGNS ARE MOUNTED BELOW IT. 7- MINIMUM CLEARANCE SHALL APPLY TO EVERY ITEM INSTALLED OVER THE PAVEMENT SURFACE, 8- VIBRATION DAMPER PLATE IS REQUIRED ON ALL POLES WITH 5G FEET OR LONGER MAST ARMS, AS PER MANUFACTURER'S DESIGN, 9- TRANSFORMER BASE IS REQUIRED FOR ALL MAST ARM POLE WITH ARM LENGTH OF UP TO 80 F7. 10- DAMPING MECHANISM IS REQUIRED FOR ALL POLES WITH ARMS LONGER THAN 80 FT. A SUITABLE HANDHOLE SHALL BE PROVIDED ON POLES WITH NO TRANSFORMER BASE. THE HANDHOLE SHALL BE ON THE OPPOSITE SIOE OF THE ARM, CS—TSF-8155(736)--85-07 TOF-230 INTERSECTION OF LAPORTE ROAD AND E. SAN MARNAN DRIVE Traffic Signal Details N,01 ESTIMATED QUANTITIES FOR LUMP SUM TRAFFIC SIGNALIZATION BID ITEM ITEM QNTY UNIT J47 ©67 FT MAST ARM POLE COMPLETE WITH TRANSFORMER BASE 1 EA FT MAST ARM POLE COMPLETE WITH DAMPING MECHANISM 1 EA ©3 -SEC 12" LED SIGNAL HEAD RYG SOLID BALL COMPLETE 6 EA 3 -SEC 12" LED SIGNAL HEAD RYG LEFT ARROW COMPLETE 2 EA © 5 -SEC 12" LED SIGNAL HEAD RYG SOLID BALL AND GY RIGHT ARROW, COMPLETE 2 EA 6 3" PVC SCH 80 CONDUIT BORED 89 LF 7 3"PVC SCH 80 CONDUIT TRENCHED 45 LF 8 HANDHOLE, AS PER PLANS 1 EA 9 12CB16 SIGNAL 157 LF 10 50416 SIGNAL 421 IF 11 1C46 GREEN COPPER 157 LF 12 7C1116 SIGNAL 26 LF PHASE 11 PHASE 116 \PHASE 215 PHASE 016 PHASE PHASE 318 PHASE 467 PHASE 419 0 0 6 6 1 0 0 0 0 0 -Yj 6 2 3 SIGNAL HEADS EXISTING PHASING DIAGRAM (REMAINS THE SAME) 0 0 6 4 QUANTITY NOTES: All items All items are installed complete with everything needed and all Incidentals for a fully functional and working system such as concrete bases, mounting brackets, etc. 9,10,11 Connection to pole P5 to be done at transformer base of pole P3. NOTE: POLE LOCATIONS WILL BE MARKED BY THE ENGINEER. R.O.W. MORE THAN 100' THIS CORNER CAB P1 P2 P3 P6 C G1 LEGEND A-Bil._. NEW SIGNAL HEAD A= PHASE B= SIGNAL HEAD A — R ,J..... EXISTING SIGNAL HEAD 0 EXISTING POLE —0 NEW MAST ARM POLE NEW CONDUIT EXISTING HANDHOLE NEW HANDHOLE () 0 50 FT 1 R.O.W. MORE THAN 100' THIS CORNER PS 1X12C#16 SIG 1C#8 GRN CS—TSF-8155(736)--85-07 TDF -230 INTERSECTION OF LAPORTE ROAD AND E. SAN MARNAN DRIVE Traffic Signal Improvements N,02 7 San Marnan Drive and LaPorte Road Traffic Safety Improvements September 11, 2014 Bid Tab Estimate: $49,957.00 Bid Security Required Bidder Bid Security Bid Amount KWS, Inc. P.O. Box 96 Cedar Falls, IA 50613 5% $39,900.00 Voltmer, Inc. 1732 Old Stage Rd. P.O. Box 200 Decorah, IA 52101 o 5 /o $65,981.00 San Marnan Drive and LaPorte Road Traffic Safety Improvements September 11, 2014 Bid Tab Estimate: $49,957.00 Bid Security Required Bidder Bid Security Bid Amount KWS, Inc.a P.O. Box 96 Cedar Falls, IA 50613 5% o o_ � /) 7 D 0 Voltmer, Inc. 1732 Old Stage Rd. P.O. Box 200 Decorah, IA 52101 5%_____ O ��l San Maman Drive and LaPorte Road Traffic Safety Improvements September 11, 2014 Bid Tab Estimate: $49,957.00 Bid Security Required Bidder Bid Security Bid Amount KWS, Inc. P.O. Box 96 Cedar Falls, IA 50613 5% $39,900.00 Voltmer, Inc. 1732 Old Stage Rd. P.O. Box 200 Decorah, IA 52101 o 5 /o $65,981.00 STATE OF IOWA, } Black Hawk County, SS I- NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS NOTICE OF PUBLIC HEARING On Specifications, Form of Contract, and Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Bids for INTERSECTION OF SAN MARNAN DRIVE AND LAPORTE ROAD TRAFFIC SAFETY IMPROVEMENTS RECEIVING OF BIDS City of Waterloo is accepting sealed bids for construction of the INTERSECTION OF SAN MARNAN DRIVE AND LA- PORTE ROAD TRAFFIC SAFETY IM- PROVEMENTS. Sealed bids will be received by the City Clerk at City Hall, 715 Mulberry St, Waterloo, IA 50703 until September 11, 2014 1:00 p.m. at which time bids will be opened. Project detail documents are now on file in the office of the City Clerk. City of Waterloo will issue tax exempt certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for this project free of sales tax. PUBLIC HEARING The City Council will conduct a public hearing on the proposed plans, specifica- tions, form of contract, and estimate of cost at 5:30 p.m. on September 15, 2014, in the Harold E. Getty 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 and read aloud in the Waterloo City Clerk's Office in the City Hall, on September 11, 2014, at 1:00 p.m. The bids will be acted upon on a later date after the proposals have been reviewed and approved. The project involves traffic safety im- provements by modifying traffic signalize - tion. The specifications and prior proceedings of the City Council referring to the project, referring to the project are hereby made a part of this notice and shall be an integral part of the contract to be awarded. A performance bond will be required before a contract is awarded. 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. This is a local letting. No federal funds are involved. Liquidated damages will be charged in the amount of $25 per day. A 5% bid security shall accompany the bid in a separate envelope. By order of the Council of the City of Waterloo this 2nd day of September, 2014. CITY OF WATERLOO, IOWA Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public hearing and Notice to Bidders: Intersection of San Marnan Drive and LaPorte Rd Traffic Safety Improvements Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 5th day of September, 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 $34.71 NinAlk&12 7,6e—Cj4k Signed Subscribed and sworn to before me this &CO Day of QJJ±JjQAA.D., 20 14 Received of Notary Public the sum of Dollars. In full for publication of the above notice. •1" a JODI E MCKINSTRY _ COMMISSION NO.782413 •, •'• MY COM41IIiUPI$ES Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-808 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE SAN MARNAN DRIVE AND LAPORTE ROAD TRAFFIC SAFETY IMPROVEMENTS. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Traffic Operations Superintendent of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the San Marnan Drive and LaPorte Road Traffic Safety Improvements, in the City of Waterloo, Iowa, and WHEREAS, said Traffic Operations Superintendent did file said preliminary plans, specifications, form of contract, estimate of cost, etc. in conjunction with the San Marnan Drive and LaPorte Road Traffic Safety Improvements, which were preliminarily approved by Resolution No. 2014-776 on September 2, 2014, and WHEREAS, a public hearing, upon notice, was held on September 15, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. in conjunction with the San Marnan Drive and LaPorte Road Traffic Safety Improvements, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 15th day of September, 2014. ATTEST: Ern 12 t G. Clark, Mayor Suzy Schar s, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-809 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE SAN MARNAN DRIVE AND LAPORTE ROAD TRAFFIC SAFETY IMPROVEMENTS. WHEREAS, by Resolution No. 2014-808, plans, specifications, form of contract, estimate of cost, etc., in conjunction with the San Marnan Drive and LaPorte Road Traffic Safety Improvements, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on September 15, 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 project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 15th da of September, 2014. r st ATTEST: Suzy Sch es, CMC City Cler E G G. Clark, ayor CITY OF WATERLOO Council Communication City Council Meeting: September 8, 2014 Prepared: September 3 2 14 Dept. Head Signature: # of Attachments: SUBJECT: Set a Date of Public Hearing for Safe Routes To School Irving Elementary Traffic Signal Project at W 5th Street and Baltimore Street Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Set Date of Public Hearing on plans and specifications as September 15, 2014. Summary Statement The Iowa DOT letting is on Sept 16, 2014. Expenditure Required $92,000.00 Source of Funds Safe Routes To School Federal Grant Policy Issue Alternative Background Information: West 5th is a one way wide arterial which has caused school crossing complaints. Our observation showed some small children were actually crossing at that location on their own, Signals are expected to help students on the south side of school cross. Signals, when red, will also help upstream crossing for students approaching from north. The signal will also make the intersections vehicular operation safer. STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING ON THE PLANS, SPECIFICATIONS AND PROPOSED FORM OF CONTRACT SAFE ROUTES TO SCHOOL G ELEMENTARY TRAFFIC SIGNAL PROJECT AT W. 5TH STREET AEETND BALTIMORE STR CITY OF WATERLOO, IOWA The City of Waterloo will hold a public hearing on the Plans, Specifications and Form of Contract for the Safe Routes to School — Irving Elementary Traffic Signal Project at W. 5th Street and Baltimore Street, on September 15, 2014, at 5:30 p.m. in the Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa. The Contract Documents, Form of Contract and the Specifications prepared by the Iowa Department of Transportation are on file in the office of the City Clerk for public examination; any person interested therein may file objections thereto with the City Clerk before the date set for said hearing or appear and make objections thereto at the hearing above set forth. The extent of the work involved in this project consist Traffic Signal at W. 5th Street and Baltimore Street, as further described and detailed in the Plans and Contract Documents. Bids for the construction are scheduled to be reviewed by the Iowa Department of Transportation on September 16, 2014. Published pursuant to the provisions of Chapter 26 of the Code of Iowa, upon order of the City Council of the City of Waterloo, Iowa on the 2nd day of September, 2014. City of Waterloo, Iowa Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public hearing: Safe Routes to school: Irvin Elementary Traffic Signal Project Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 9th day of September, 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 $20.17 Cat Signed Subscribed and sworn to before me this Day of O, A.D., 20 14 (ft ACia Received of Notary Public J the sum of Dollars. In full for publication of the above notice. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-810 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE SAFE ROUTES TO SCHOOL - IRVING ELEMENTARY TRAFFIC SIGNAL PROJECT AT WEST 5TH STREET AND BALTIMORE STREET. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Traffic Operations Superintendent of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the Safe Routes to School - Irving Elementary Traffic Signal Project at West 5th Street and Baltimore Street, in the City of Waterloo, Iowa, and WHEREAS, said Traffic Operations Superintendent did file said preliminary plans, specifications, form of contract, estimate of cost, etc. in conjunction with the Safe Routes to School - Irving Elementary Traffic Signal Project at West 5th Street and Baltimore Street, which were preliminarily approved by Resolution No. 2014-793 on September 8, 2014, and WHEREAS, a public hearing, upon notice, was held on September 15, 2014. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed plans, specifications, form of contract, estimate of cost, etc. in conjunction with the Safe Routes to School - Irving Elementary Traffic Signal Project at West 5th Street and Baltimore Street, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 15th day of September, 2014. nest G. Clark, Mayor ATTEST: Suzy 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. 2014-811 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE SAFE ROUTES TO SCHOOL - IRVING ELEMENTARY TRAFFIC SIGNAL PROJECT AT WEST 5TH STREET AND BALTIMORE STREET. WHEREAS, by Resolution No. 2014-810, plans, specifications, form of contract, estimate of cost, etc., in conjunction with the Safe Routes to School - Irving Elementary Traffic Signal Project at West 5th Street and Baltimore Street, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on September 15, 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 project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 15th day of September, 2014. ATTEST: Suzy Sch4res, CMC City Clerk est 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: 9/8/14 Prepared: 9/3/14 Dept. Head Signature: # of Attachments: 2 -- SUBJECT: Resolution setting a date of public hearing as September 15, 2014 to authorize Main Street Waterloo to sell the Regional Business Center building located at 212-214 E 4th Street to C. Doyle Properties and rescind Resolution No. 2014-430. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval. Summary Statement: Main Street Waterloo owns the building at 212-214 E 4th Street and is proposing to sell it to C. Doyle Properties for the amount outstanding on the mortgage as of the date of closing (approximately $130,000). Main Street Waterloo worked in partnership with the City of Waterloo and Harry and Cathrine Doyle of C. Doyle Properties starting over 15 years ago to assist in the redevelopment of the block and the establishment of a Regional Business Center. The project was financially assisted by an Economic Development Administration (EDA) forgivable loan, the terms of which required that a regional business center/incubator occupy the space for a minimum of 15 years, which time period was met last year and the EDA lien has now been released. C Doyle Properties owns the adjoining building at 216-218 E 4th Street and lease the second floor of the property in question. As part of the original lease between Main Street and C Doyle Properties (then Gilmore and Doyle, LTD) which was executed in 1999, the lease provided an option to purchase the property at the end of the 15 year period for $1.00 plus any unpaid balance of the loan (which has approximately $130,000 remaining balance). The City of Waterloo Code of Ordinances (2-2-3 (D)) provides Main Street Waterloo with the authority to buy and sell real estate, but states that they shall "sell, exchange or lease any real estate acquired by the body, subject to the approval of the City Council". Therefore approval of the City Council is required prior to the sale of the property. The City Council approved Resolution No. 2013- 725 providing Main Street with the authorization to sell the property, however it was determined that a public hearing is required prior to authorization to sell the property, so we are requesting that Resolution No. 2013-725 be rescinded and the authorization re -approved, following a public hearing. Expenditure Required: none CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer It Source of Funds: n/a Policy Issue: Downtown Development Alternative: Background Information: Main Street Waterloo is continuing to work to improve the downtown and make it an attractive place to live, work and visit. Main Street Waterloo is owner of the building in question, but has planned from the onset to transfer ownership to C Doyle Properties once all legal and financial requirements have been met that would allow the transfer to proceed, which said legal and financial requirements have been met based on the release of the EDA lien on the property following the successful establishment of the Regional Business Center for the minimum 15 years required. cc: Noel Anderson, Community Planning & Development Director Path: K:\USERS\ARIC-S\City of Waterloo\council letters\Mist - Appeals - Determinations - Other \08-03-14 Council Communication Main Street RBC Building Sale and resciend Resolution 2013-725.doc 4i?MAIN F'L'"1' Iii WATEQLOO DOWNTOWN CULTURAL & ENTERTAINMENT DISTRICT Suzy Schares Clerk, City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Dear Ms. Schares: 1 East 4th Street Waterloo, Iowa 50703 Phone: 319-291-2033 Fax: 319-291-4299 info@mainstreetwaterloo.org www.mainstreetwaterloo.org Main Street Waterloo wishes to communicate our sale and transfer of title of the Regional Business Center building, 212-214 E. 4th Street, to C. Doyle Properties. Main Street Waterloo has worked in partnership with Harry Doyle for over fifteen years to establish the Regional Business Center and redevelop this section of 4th street. In accordance with the original fifteen year contract for redevelopment, it has been agreed that Main Street would sell the building at 212-214 E. 4th to C. Doyle Properties once all legal and financial requirements have been successfully satisfied. We would respectfully ask that the City Council authorize this transfer of ownership, per the contractual and legal requirements that bind Main Street. Both Main Street Waterloo and C. Doyle Properties fully agree to work with the City of Waterloo finalize all remaining details. Sincerely, Je re v xOcutive Director M. y„/Street ae oo 1/E. 4tS( EXHIBIT A Lot 6, Knepper and Larmon's Subdivision of the NW 50 feet of Lots 7 & 10, Block 14 in the Village (now City) of Waterloo and on the East Side of Cedar River, in Black Hawk County, Iowa. AND All of the following described real estate lying NW-ly of a line drawn from a point on the Northeast line of Lot 6, Block 14, the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, which is 104.96 feet SE-ly of the Southeast line of East Fourth Street, thru a point on the Southwest line of said Lot 6 which is 104.50 feet SE-ly of the Southeast line of said East Fourth Street, to a point on the Southwest line of the NE-ly 20 feet of Lot 7, said Block 14, at a point which is 104.34 feet SE-ly of the Southeast line of said East Fourth Street: The Southwesterly 20 feet of the Northeasterly 40 feet of Lot 6, the Southwesterly 20 feet of Lot 6 and the Northeasterly 20 feet of the Southeasterly 75 feet of the Northwesterly 125 feet of Lot 7, Block 14, the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 15th day of September, 2014, at 5:30 p.m., in the Harold E. Getty Council Chambers in the City Hall in the City of Waterloo, IA, a public hearing will be held by the Council of the City of Waterloo, Iowa, authorizing Main Street Waterloo to sell the Regional Business Center building located at 210-214 E. 4th Street to C. Doyle Properties, legally described as follows: Lot 6, Knepper and Larmon's Subdivision of the NW 50 feet of Lots 7 & 10, Block 14 in the Village (now City) of Waterloo and on the East Side of Cedar River, in Black Hawk County, Iowa. AND All of the following described real estate lying NW-ly of a line drawn from a point on the Northeast line of Lot 6, Block 14, the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, which is 104.96 feet SE-ly of the Southeast line of East Fourth Street, thru a point on the Southwest line of said Lot 6 which is 104.50 feet SE-ly of the Southeast line of said East Fourth Street, to a point on the Southwest line of the NE-ly 20 feet of Lot 7, said Block 14, at a point which is • 104.34 feet SE-ly of the Southeast line of said East Fourth Street: The Southwesterly 20 feet of the Northeasterly 40 feet of Lot 6, the Southwesterly 20 feet of Lot 6 and the Northeasterly 20 feet of the Southeasterly 75 feet of the Northwesterly 125 feet of Lot , Block 14, the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 2nd day of September, 2014. Suzy Schares City Clerk STATE OF IOWA, } Black Hawk County, SS I do solemnly swear that the annexed copy of legal City of Waterloo Public hearing: Sell regional Business Center Building at 210-214 E. 4th Street Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 9th day of September, 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 $24.39 Subscribed and sworn to before me this 061 Day ofS-41-tnide 0A A.D., 20 14' Received of the sum of Dollars. In full for publication of the above notice. ,ODI E MCKINSTRY COMMISSION NQ-7�a S MY COM j(� Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291 4"73. RESOLUTION NO. 2014-812 RESOLUTION AUTHORIZING MAIN STREET W TO SELL THE REGIONAL BUSINESS CENTER F LOCATED AT 210-212-214 EAST 4TH STREF DOYLE PROPERTIES, AND RESCINDING RF NO. 2014-430 IN ITS ENTIRETY. hz BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOW`, that authorization for Main Street Waterloo to sell the Regional Business Center building located at 210-214 East 4th Street to C. Doyle Properties, legally described as follows: Lot 6, Knepper and Larmon's Subdivision of the NW 50 feet of Lots 7 & 10, Block 14 in the Village (now City) of Waterloo and on the East Side of Cedar River, in Black Hawk County, Iowa. AND All of the following described real estate lying NW-ly of a line drawn from a point on the Northeast line of Lot 6, Block 14, the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, which is 104.96 feet SE-ly of the Southeast line of East Fourth Street, thru a point on the Southwest line of said Lot 6 which is 104.50 feet SE-ly of the Southeast line of said East Fourth Street, to a point on the Southwest line of the NE-ly 20 feet of Lot 7, said Block 14, at a point which is 104.34 feet SE-ly of the Southeast line of said East Fourth Street: The Southwesterly 20 feet of the Northeasterly 40 feet of Lot 6, the Southwesterly 20 feet of Lot 6 and the Northeasterly 20 feet of the Southeasterly 75 feet of the Northwesterly 125 feet of Lot 7, Block 14, the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa; be and the same is hereby approved. BE IT FURTHER RESOLVED, that Resolution No. 2014-430, be and the same, hereby rescinded in its entirety. PASSED AND ADOPTED this 15thda of September, 2014. iA est ATTEST: G Er G. Clark, Mayor uzy S hares, CMC City C erk CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 Council Communication City Council Meeting: September 2, 2014 Prepared: August 27, 2014 Dept. Head Signature: Noel Anderson # of Attachments: 2 SUBJECT: Set date of hearing for Exchange Agreement and Assignment of Real Estate Contract between the City of Waterloo and L and H Farms, Ltd for the acquisition of property in Black Hawk County for exchange of property in the San Marnan TIF District in the amount of $131,949 for 2.75 acres of land in September of 2014, and authorize Mayor and City Clerk to sign and fully execute all documents. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set the date of hearing for September 15, 2014 for approval of the Exchange Agreement and Assignment of Real Estate Contract, authorizing the acquisition and sale (exchange) of land in the total amount of $131,949 plus up to $10,000 in closing costs. Summary Statement: This would be the fifth acquisition of land under the original master agreement for the long-term (8 years) purchase of land in the San Marnan area. The City would be acquiring another 2.75 acres of land in this area, southeast of the Highway 20 and Ansborough Avenue interchange for future development. The City price of land being acquired is approximately $47,981 per acre for the development land in the City limits. It should be noted other farmland outside of the city limits has been selling for as high as $14,500 per acre, whereas the basis for the exchange agreement (3.21 ratio) and amount specified above is $14,150 per acre. This acquisition is paid out of the TIF District revenue itself, not out of general city funds. The TIF District and its funds are designed and required to be spent within the TIF District itself for improvements, this will be a large step in the continued planning, development, and marketing of this area. The City will earn rent money after acquisition, beginning at $190 per acre. Expenditure Required: $131,949 in September 2014, plus up to $10,000 in closing costs. Source of Funds: TIF cash CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The City of Waterloo has been working for a number of years on the development of a South Waterloo Business Park concept. The continued development of this area of the City will work to provide for a major business and light industrial park setting along the Highway 20 corridor. Based on feedback from major companies, business location consultants, and the Waterloo Industrial Development Association, this growth along the Highway 20 corridor is key to drawing large companies, projects, and jobs to the City of Waterloo. This latest acquisition will now have the City owning approximately 74.44 acres, with an approximate 55 acres to be acquired under the agreement. The City continues to show this area for large development prospects. This current acquisition will further allow for areas of land needed for infrastructure improvements for full service of the area to be acquired immediately. The Waterloo City Council has previously zoned land in this area and expanded the San Marnan TIF District to include this land, down to the recently completed Shaulis Road extension, for business development of the area. The approval of these agreements would work as the next steps in this long-term process of development of this entire Highway 20 corridor area. 3 EXCHANGE AGREEMENT THIS EXCHANGE AGREEMENT is entered into this jJ day of 2014, by and between the City of Waterloo, a municipal corporation ("City"), and L & H Farms, Ltd., an Iowa general partnership ("LHF"). WHEREAS, City has offered to purchase approximately 9.325 acres more or less of Black Hawk County agricultural land described on the attached Exhibit "A" (hereinafter "Farm Land") for the sum of $131,949.00 on or before Tuesday, September 30, 2014, if LHF will agree to accept a conveyance of the Farm Land in exchange for 2.75 acres of development land located at the intersection of U.S. Highway 20 and Ansborough Avenue; and WHEREAS, LHF is the owner of 2.75 acres of real property located at the southeast corner of the intersection of U.S. Highway 20 and Ansborough Avenue described on the attached Exhibit "B" and depicted on the aerial photograph on attached Exhibit "C" (hereinafter "Development Land"); and WHEREAS, LHF is willing to convey the Development Land to City in exchange for the Farm Land so as to qualify the transaction for the non -recognition of gain under Internal Revenue Code Sec. 1031 (such exchange being hereafter referred to as the "Exchange"). NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Construction and Interpretation. This Agreement shall be carried out, governed by, and construed in accordance with the laws of Iowa and, to the extent necessary or appropriate, to obtain like -kind exchange treatment under Internal Revenue Code §1031. The parties agree to execute any additional documents required to allow this transaction to so qualify. LHF agrees to bear any expenses associated with document preparation necessary to qualify the Exchange for like -kind exchange treatment. Section 2. Contingencies. 2.1 City's obligations herein are subject to and conditioned upon the following: A. The City Council for the City of Waterloo, Iowa, adopting a resolution authorizing City to take assignment of the contract to purchase the Farm Land pursuant to the agreed-upon terms and conditions of the assignment set forth in Section 3 below, and further authorizing City to purchase the Farm Land for the sum of $131,949.00 pursuant to the . • • • • • , . • 1 3 B. The City Council for the City of Waterloo adopting a resolution authorizing City to convey the Farm Land to LHF in exchange for the Development Land by directing the sellers of the Farm Land to convey it directly to LHF in accordance with the terms of that certain Option Exchange Agreement between City and LHF dated March 8, 2010; C. City completing its purchase of the Farm Land prior to closing on this exchange with LHF. 2.2 LHF's obligations herein shall be subject to and conditioned upon City completing its purchase of the Farm Land. Section 3. Terms of Assignment. City will be taking assignment of an existing contract to purchase the Farm Land. A copy of said contract, as amended, is attached to this Agreement as Exhibit "D." A copy of the Assignment is attached as Exhibit "E." Section 4. Conveyance of Property. 4.1 City agrees to require the current owners of the Farm Land to convey said real property directly to LHF by warranty deed as consideration for LHF's conveyance of the Development Land to City by warranty deed; 4.2 City agrees to accept the conveyance of the Development Land in accordance with the terms and conditions of this Exchange Agreement. 4.3 In recognition of LHF's role in identifying and pre -approving the Farm Land for acquisition by City for purposes of this Agreement, LHF agrees to accept the conveyance of the Farm Land "as is," subject to all conditions, easements, restrictions and other characteristics, and hereby acknowledges that City has not made and will not make any representation or warranty with respect to the Farm Land, whether as to merchantability of said land, its fitness for any particular purpose, or otherwise. 4.4 The parties agree that both the Farm Land and the Development Land shall be deemed to have a value of $131,949.00 for purposes of this transaction. 4.5 No cash consideration will be exchanged between the parties. Section 5. Form of Conveyance 5.1 City shall cause the current owner of the Farm Land to convey said real property directly to LHF by Warranty Deed. LHF shall convey the Development Land to City by Warranty 5.2 All liens or clouds on title shall be removed prior the Exchange. 2 3 5.3 If title cannot be made merchantable within a reasonable period of time, this Exchange Agreement shall become null and void. Section 6. Closing. The closing on the Exchange contemplated herein shall occur contemporaneously with the closing on City's purchase of the Farm Land. It is expected that the closing will occur on or before Tuesday, September 30, 2014. Section 7. Property Taxes. 7.1 LHF acknowledges that City will receive a credit against the $131,949.00 purchase price for the Farm Land in an amount equal to the annual real estate taxes on the Farm Land prorated through the closing date, and that as a result of such credit, the seller of the Farm Land will expect City and its successors to pay the installments of property taxes due on and after March 31, 2015. LHF agrees to assume responsibility for making the general property tax payments for the Farm Land due March 31, 2015, and all subsequent installments. 7.2 LHF will pay the property taxes on the Development Land that are due September 30, 2014 and all prior installments. LHF will also pay a prorated share of the installment of general real estate taxes due on September 30, 2015. City shall be responsible for real estate taxes attributable to the Development Land due September 30, 2015, and all subsequent installments of general real estate taxes attributable to the Development Land, if any. Section 8. Survey. If the parties determine that a survey of the Development Land, or any part thereof; is required, then City shall reimburse LIEF for the cost of procuring a plat of survey for the Development Land. The plat of survey must be completed and filed of record in the office of the Black Hawk County Recorder prior to the completion of the Exchange contemplated herein. Section 9. Abstracting. 9.1 The current owner of the Farm Land will provide City with an updated abstract of title for the Farm Land prior to City having to complete its purchase of the Farm Land. Upon receipt of the abstract of title, City shall deliver it to legal counsel for LHF. Legal counsel for LHF shall examine the title report and confirm that the current owner of the Farm Land possesses marketable title to the real estate as required by this Exchange Agreement. ... . . .. . .. . includes the Development Land. City acknowledges that the title report will include other real estate. City shall bear the expense of paying the abstract company to prepare a 3 3 separate title report for the Development Land. City may defer the preparation of this title report until such time as it is prepared to sell all or a portion of the Development Land. Section 10. Other Closing Costs. Each of the parties agrees to pay any closing costs not specifically addressed herein in the manner customarily paid by buyers and sellers as part of real estate transactions in the State of Iowa. Section 11. Option to Rent. City agrees that as long as City remains the titleholder to all or a portion of the Development Land, Lanehaven Farms, Inc., shall be entitled to rent any and all undeveloped portions of the Development Land on a year-to-year basis on the condition that Lanehaven Farms, Inc., enter into a written lease agreement with City requiring, among other things, that Lanehaven Farms, Inc., provide the same indemnification customarily required of tenants in a cash basis farm lease and that Lanehaven Farms, Inc., procure customary liability insurance identifying City as an additional insured. Annual rent for the first six (6) years shall be $190.00 per acre. Thereafter, annual rent shall be mutually agreed upon by the parties or in the absence of such agreement, it shall be set at the then prevailing fair rental value as determined by a mutually agreeable farm management company such as Hertz Farm Management. Rent shall be payable in December of each calendar year. Section 12. Notices. All notices, requests, demands, directions and other communications required or permitted to be given pursuant to this Agreement shall be valid if in writing and if delivered personally, or sent by certified or registered mail, return receipt requested, postage prepaid and addressed as follows: To City: To LHF: Section 13. Amendments. The City of Waterloo, a municipal corporation Attention: Ernest G. Clark, Mayor Attention: Suzy Schares, City Clerk 315 Mulberry Street Waterloo, Iowa 50703 L & H Farms, Ltd., an Iowa general partnership Lanehaven Farms, Inc., Partner Attention: Curtis Hollis, President 7052 Hammond Avenue Waterloo, Iowa 50701 4 3 Section 14. Enforceability. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors, executors, personal representatives and assigns. No party to this Agreement may assign their/its rights or interests hereunder without the prior written consent of each of the other parties. Section 15. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. Section 16. Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed in this Agreement is intended or shall be construed to give to any person or entity, other than the parties hereto, any legal or equitable right, remedy or claim under or in respect to this Agreement or any covenants, agreements, conditions and provisions herein contained, this Agreement and all of the covenants, agreements, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the parties hereto. Section 17. Severability. If any provision of this Agreement shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. Section 18. Intent. It is the intent of the parties that this Exchange Agreement shall permit each party to complete a like -kind exchange pursuant to Internal Revenue Code Sec. 1031 and it is intended to comply with the requirements of the regulations thereunder, including, but not limited to, Reg. 1.1030(k)-1. To the extent that any provisions herein conflict with the requirements of the safe harbor provisions contained therein, the requirements and the conditions of the statute and the regulations shall control. 5 IN WITNESS WHEREOF, City and LHF have each caused this Agreement to be executed, sealed and delivered as of the day and year first above written. THE CITY OF WA I'ERLOO, A MUNICIPAL CORPORATION By: Ernest G. Clark, Mayor By: Suzy Schares, City Clerk L & H FARMS, LTD. By: LANEHAVEN FARMS, INC., Partner By: Curtis G. Hollis, President STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the [ v day of 2014, by Ernest G. Clark as Mayor and Suzy Schares as City Clerk of the City of Waterloo, Iowa, an Iowa municipal corporation. 3 Notary Public in and for Black Hawk County, Iowa 6 3 STA 1'h OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the day of 2014, by Curtis G. Hollis as President of Lanehaven Farms, Inc., an Iowa corporation, General Partner of L & H Farms, Ltd., an Iowa general partnership. Notary Public in and for Black Hawk County, Iowa 7 3 EXHIBIT "A" The North 1/4 of the Southwest Quarter of the Southeast Quarter (N 1/4 SW 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (9.325 tillable acres, more or less). 8 3 EXHIBIT `B79 Development Land Brown Parcel The South 46.8 feet of the North 545.55 feet of the North Half of the Southwest Quarter (N '/2 SW 1/4) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, EXCEPT that part thereof conveyed to the City of Waterloo in a deed filed March 14, 2012 as Doc. No. 2012-16922 in the Office of the Black Hawk County Recorder. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record and not of record. 9 3 EXHIBIT "C" 10 3 EXHIBIT "D" Sieglaff Contract #3 11 3 EXHIBIT "E" ASSIGNMENT OF REAL ESTATE CONTRACT 12 A. Settlement Statement (HUD -1) OMB Approval Ne. 2502-0265 B. Type of Loan 1.0 FHA 2.0 RHS 3.❑ Cony. Unins 4.0 VA 5.11] Cony. Ins 6. File Number. 7. Loan Number. 8. Mortgage Insurance Case Number: C. Note: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. Items marked "(p.o.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals. D. Name & Address of Borrower: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 E. Name & Address of Seller Betty A. Sieglaff 1326 Maxhelen Blvd. Unit 5A Waterloo, IA 50701 F. Name & Address of Lender: G. Property Location: N 1/4 SW 1/4 SE 1/4 10-87-14 9.325 acres Lot: Block: H. Settlement Agent: Mark S. Rolinger 415 Clay Street Cedar Falls, IA 50613 TIN: Phone: (319) 277-6830 Place of Settlement: 415 Clay Street Cedar Falls, IA 50613 I. Settlement Date: 9/30/2014 Funding Date: 9/30/2014 J. Summary of Borrower's Transaction K. Summary of Seller's Transaction 100. Gross Amount Due From Borrower 400. Gross Amount Due To Seller 101. Contract sales price 131, 949.00 401. Contract sales price 131, 949.00 102. Personal property 402. Personal property 103. Settlement charges to borrower (line 1400) 17. 00 403. 104. 404. 105. 405. Adjustments for items paid by seller in advance Adjustments for items paid by seller in advance 106. City/town taxes: 406. City/town taxes: to to 107. County taxes: 407. County taxes: to to 108. Assessments: 408. Assessments: to to 109. 409. 110. 410. 111. 411. 112. 412. 120. Gross Amount Due From Borrower 131, 966.00 420. Gross Amount Due To Seller 131, 999.00 200. Amounts Paid By Or In Behalf Of Borrower 500. Reductions In Amount Due To Seller 201. Deposit or earnest money 501. Excess deposit (see instructions) 202. Principal amount of new loan(s) 502. Settlement charges to seller (line 14001 400 .40 203. Existing loan(s) taken subject to 503. Existing loan(s) taken subject to 204. 504. Payoff of first mortgage loan 205. 505. Payoff of second mortgage loan 206. 506. 207. 507. 208. 508. 209. 509. Adjustments for items unpaid by seller Adjustments for items unpaid by seller 210. City/town taxes: 510. City/town taxes: to to 211. County taxes: 7/1/2014-3/1/2014 511. County taxes: 7/1/2014-3/1/2014 to P. 0. C. to P. 0. C. 212. Assessments: 512. Assessments: to to 213. 513. 214. 514. 215. 515. 216. 516. 217. 517. 218. 518. 219. 519. 220. Total Paid By/For Borrower 520. Total Reduction Amount Due Seller 400.40 S00. Cash At Settlement To/From Seller 601. Gross amount due to seller (line 420) 131, 949.00 -309: Cash At-Settlament-F-rom/T$-Borrower 301. Gross Amount due from borrower (line 120) 131, 966.00 302. Less amounts paid by/for borrower (line 220) 131, 966.00 602. Less reductions in amount due seller (line 520) 603. Cash 3. To ❑ From Seller 400.40 131, 548.60 303. Cash 2 From ❑ To Borrower The Public Reporting Burden for this collection of information is estimated at 35 minutes pe response for collecting, reviewing, and reporting the data. This agency may not collect this information, and you are not required to complete this form, unless it displays a currently valid OMB control number. No confidentiality is assured; this disclosure is mandatory. This is designed to provide the parties to a RESPA covered transaction with information during the settlement process. © 2009-2011 Easy Soft. Previous editions are obsolete. Page 1 of 3 HUD -1 L. Settlement Charge • • I have carefully rev ewed the HUa1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD -1 Settlement Statement. City of Waterloo Buyer/Borrower Betty A. Sieglaff Seller Buyer/Borrower Seller This Settlement Statement which I've prepared is a true and accurate account of this transaction. I've caused or will cause the funds to be disbursed in accordance with this statement. 9/30/2019 Mark S. Rolinger Settlement Agent Date WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. ® 2009-2011 Easy Soft. Previous editions are obsolete. Page 2 of 3 HUD -1 700. Total Real Estate Broker Fees Division of Commission (line 700) as follows: Paid From Borrower's Paid From 701. $ to Funds Seller's 702. $ to at Settlement Funds at Settlement 703. Commission paid at settlement 704. 800. Items Payable In Connection With Loan 801. Our origination charge $ from GFE #1) 802. Your credit or charge (points) for the specific interest rate chosen $ (from GFE #2) 803. Your adjusted origination charges (from GFE A) 804. Appraisal fee to (from GFE #3) 805. Credit report to (from GFE #3) 806. Tax service to (from GEE #3) 807. Flood certification (from GFE #3) 808. 809. 810. 811. 900. Items Required By Lender To Be Paid In Advance 901. Daily interest charges from 9/30/2014 to 10/1/2014 @ $ /day (from GFE #10) 902. Mortgage insurance premium for 0 months to (from GFE #3) 903. Homeowner's insurance for 0 years to (from GFE #11) 904. 905. 1000. Reserves Deposited With Lender 1001. Initial deposit for your escrow account (from GFE #9) 1002. Homeowner's insurance months @ per mo $ 1003. Mortgage insurance months @ per mo $ 1004. Property taxes months @ per mo $ 1005. months @ per mo $ 1006. months @ per mo $ 1007. Aggregate Adjustment $ 0.00 1100. Title Charges 1101. Title services and lender's title insurance (from GFE #4) 1102. Settlement or closing fee 1103. Owner's title insurance (from GFE #5) 1104. Lender's title insurance 1105. Lender's title policy limit $ 1106. Owner's title policy limit $ 1107. Agent's portion of the total insurance premium $ 1108. Underwriter's portion of the total insurance premium $ 1109. 1110. 1111. 1200. Government Recording and Transfer Charges 1201. Government recording charges (from GFE #7) 17.00 1202. Deed $17.00 Mortgage $ Release $ 1203. Transfer taxes (from GFE #8) 1204. City/County tax/stamps: Deed $210.40 Mortgage $ 210.40 1205. State tax/stamps: Deed $ Mortgage $ 1206. $ 1207. $ 1300. Additional Settlement Charges 1301. Required services that you can shop for (from GFE #6) 1302. 1303. 1304. Lien Report to Black Hawk County Abstract 190.00 1305. Document Preparation to to Redfern Law Firm P.O.C. 1306. Closinq Fee to Redfern Law Firm P.O.C. 1307. 1308. 1400. Total Settlement Charges (enter on lines 103, Section J and 502, Section KJ 17.00 900.40 I have carefully rev ewed the HUa1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and disbursements made on my account or by me in this transaction. I further certify that I have received a copy of the HUD -1 Settlement Statement. City of Waterloo Buyer/Borrower Betty A. Sieglaff Seller Buyer/Borrower Seller This Settlement Statement which I've prepared is a true and accurate account of this transaction. I've caused or will cause the funds to be disbursed in accordance with this statement. 9/30/2019 Mark S. Rolinger Settlement Agent Date WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a fine or imprisonment. ® 2009-2011 Easy Soft. Previous editions are obsolete. Page 2 of 3 HUD -1 Comparison of Good Faith Estimate (GFE) and HUD -1 Charges Charges That Cannot Increase HUD -1 Line Number Our origination charge #801 Your credit or charge (points) for the specific rate chosen #802 Your adjusted origination charges #803 Transfer taxes #1203 Charges That in Total Cannot Increase More Than 10% Government recording charges #1201 Total Increase between GFE and HUD -1 Charges Charges That Can Change Initial deposit for your escrow account #1001 Daily interest charges #901 Homeowner's insurance #903 Loan Terms Good Faith Estimate HUD -1 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Good Faith Estimate HUD -1 0.00 17.00 0.00 17.00 17.00 Good Faith Estimate HUD -1 0.00 0.00 0.00 0.00 0.00 0.00 Your initial loan amount is $ Your loan term is Years Your initial interest rate is Your initial monthly amount owed for principal, interest, and any mortgage insurance is $ includes ❑ Principal ❑ Interest ❑ Mortgage Insurance Can your interest rate rise? 0 No. 0 Yes, it can rise to a maximum of %. The first change will be on and can change again every after . Every change date, your interest rate can increase or decrease by %. Over the life of the loan, your interest rate is guaranteed to never be lower than % or higher than %. Even if you make payments on time, can your loan balance rise? 0 No. ❑ Yes, it can rise to a maximum of $ . Even if you make payments on time, can your monthly amount owed for principal, interest, and mortgage insurance rise? 0 No. ❑ Yes, the first increase can be on and the monthly amount owed can rise to $ . The maximum it can ever rise to is $ . Does your loan have a prepayment penalty? 0 No. 0 Yes, your maximum prepayment penalty is $ . Does your loan have a balloon payment? 0 No. ❑ Yes, you have a balloon payment of $ due in years on . Total monthly amount owed including escrow account payments 0 You do not have a monthly escrow payment for items, such as property taxes and homeowner's insurance. You must pay these items directly yourself. ❑ You have an additional monthly escrow payment of $ that results in a total initial monthly amount owed of $ . This includes principal, interest, any mortgage insurance and any items checked below: ❑ Property taxes 0 Homeowner's insurance ❑ Flood insurance ❑ ❑ ❑ Note: If you have any questions about the Settlement Charges and Loan Terms listed on this form, please contact your lender. r 2009-2011 Easy Soft. Previous editions are obsolete. Page 3 of 3 HUD -1 WARRANTY DEED THE IOWA STATE BAR ASSOCIATION Official Form #101 Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Mark S. Rolinger, 415 Clay Street, Cedar Falls, IA 50613, Phone: (319) 277-6830 Taxpayer Information: (Name and complete address) City of Waterloo, Community Planning & Development, 715 Mulberry Street, Waterloo, Iowa 50703 Return Document To: (Name and complete address) Mark S. Rolinger, 415 Clay Street, Cedar Falls, IA 50613, Phone: (319) 277-6830 Grantors: Grantees: L & H Farms, Ltd. City of Waterloo Document or instrument number of previously recorded documents: ® The Iowa State Bar Association 2005 10WADOCS® THE IOWA STATE BAR ASSOCIATION Official Form No. 101 Mark S. Bolinger FOR THE LEGAL EFFECT OF THE USE OF THIS FORM, CONSULT YOUR LAWYER :, -4 STA Z:,2' t '\ i e, WARRANTY DEED ' S°CI,CC�O For the consideration of One Dollar(s) and other valuable consideration, L & H Farms. Ltd. do hereby Convey to City of Waterloo the following described real estate in Black Hawk County, Iowa: The South 46.8 feet of the North 545.55 feet of the North Half of the Southwest Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal County, Iowa, EXCEPT that part thereof conveyed to the City of Waterloo in as Doc. No. 2012-16922 in the Office of the Black Hawk County Recorder. Subject to easements, restrictions, covenants, ordinances and limited access provisions record. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors title in fee simple; that they have good and lawful authority to sell and Convey the real is free and clear of all liens and encumbrances except as may be above stated; and Warrant and Defend the real estate against the lawful claims of all persons except as Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive real estate. Words and phrases herein, including acknowledgment hereof, shall be construed or plural number, and as masculine or feminine gender, according to the context. Dated: Quarter (N V2 SW 1/) in Meridian, Black Hawk a deed filed March 14, 2012 of record and not of hold the real estate by estate; that the real estate grantors Covenant to may be above stated. share in and to the as in the singular L & H Farms, Ltd. (Grantor) (Grantor) (Grantor) STATE OF IOWA , COUNTY OF BLACK HAWK (Grantor) by Curtis G. This record was acknowledged Hollis, President of Lanehaven before me this day of Farms, Inc., Partner in L & H Farms, Ltd. Signature of Notary Public 10 The Iowa State Bar Association 2013 Warranty Deed IOWADOCS® Revised August 2013 ASSIGNMENT OF REAL ESTATE CONTRACT THIS ASSIGNMENT is made and entered into this ( day of 2014, by and between Hollis Farms, Inc., an Iowa corporation, and the City o Waterloo, a municipal corporation ("City"). 3 1. Assignment. Hollis Farms, Inc. hereby assigns all of its right, title and interest in the Real Estate Contract (Short Form) between Cecil Sieglaff and Betty Sieglaff, married persons, as Sellers, and Hollis Farms, Inc., an Iowa corporation, as Buyer, dated October 18, 2013 (hereinafter "Contract") for the sale of the following described real estate: The North 1/4 of the Southwest Quarter of the Southeast Quarter (N 1/4 SW 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (9.325 tillable acres, more or less). 2. Acceptance of Assignment. City hereby accepts assignment of the Contract. HOLLIS FARMS, INC. THE CITY OF WATERLOO, A MUNICIPAL CORPORATION By: Blake G. Hollis, President By: Ernest G. Clark, Mayor By: Suzy Schares, City Clerk The undersigned, Cecil Sieglaff and Betty Sieglaff, married persons, hereby consent to the Assignment set forth above. Cecil Sieglaff Betty Sieglaff REAL ESTATE TRANSFER - GROUNDWATER HAZARD STATEMENT TO BE COMPLETED BY TRANSFEROR TRANSFEROR: Name L & H Farms, Ltd. Address 7502 Hammond Avenue, Waterloo, Iowa 50701 Number and Street or RR City, Town or P.O. State Zip TRANSFEREE: Name City of Waterloo Address 715 Mulberry Street, Waterloo, IA 50703 Number and Street or RR City, Town or P.O. State Zip Address of Property Transferred: No Street Address Number and Street or RR City, Town or P.O. State Zip Legal Description of Property: (Attach if necessary) See 1 in Addendum 1. Wells (check one) There are no known wells situated on this property. There is a well or wells situated on this property. The type(s), location(s) and legal status are stated below or set forth on an attached separate sheet, as necessary. 2. Solid Waste Disposal (check one) There is no known solid waste disposal site on this property. There is a solid waste disposal site on this property and information related thereto is provided in Attachment #1, attached to this document. 3. Hazardous Wastes (check one) _ There is no known hazardous waste on this property. _ There is hazardous waste on this property and information related thereto is provided in Attachment #1, attached to this document. 4. Underground Storage Tanks (check one) _ There are no known underground storage tanks on this property. (Note exclusions such as small farm and residential motor fuel tanks, most heating oil tanks, cisterns and septic tanks, in inslr uctions.) There is an underground storage tank on this property. The type(s), size(s) and any known substance(s) contained are listed below or on an attached separate sheet, as necessary. FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) 5. Private Burial Site (check one) _ There are no known private burial sites on this property. _ There is a private burial site on this property. The location(s) of the site(s) and known identifying information of the decedent(s) is stated below or on an attached separate sheet, as necessary. 6. Private Sewage Disposal System (check one) _ All buildings on this property are served by a public or semi-public sewage disposal system. This transaction does not involve the transfer of any building which has or is required by law to have a sewage disposal system. There is a building served by private sewage disposal system on this property or a building without any lawful sewage disposal system. A certified inspector's report is attached which documents the condition of the private sewage disposal system and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. A certified inspection report must be accompanied by this form when recording. There is a building served by private sewage disposal system on this property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. The buyer has executed a binding acknowledgment with the county board of health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. A copy of the binding acknowledgment is attached to this form. There is a building served by private sewage disposal system on this property. The buyer has executed a binding acknowledgment with the county board of health to install a new private sewage disposal system on this property within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. There is a building served by private sewage disposal system on this property. The building to which the sewage disposal system is connected will be demolished without being occupied. The buyer has executed a binding acknowledgment with the county board of health to demolish the building within an agreed upon time period. A copy of the binding acknowledgment is provided with this form. [Exemption #9] This property is exempt from the private sewage disposal inspection requirements pursuant to the following exemption [Note: for exemption #9 use prior check box]: The private sewage disposal system has been installed within the past two years pursuant to permit number Information required by statements checked above should be provided here or on separate sheets attached hereto: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: Telephone No.: (319) 296-2255 (Transferor or Agent) FILE WITH RECORDER DNR form 542-0960 (July 18, 2012) GROUNDWATER HAZARD STATEMENT ATTACHMENT #1 NOTICE OF WASTE DISPOSAL SITE a. Solid Waste Disposal (check one) There is a solid waste disposal site on this property, but no notice has been received from the Department of Natural Resources that the site is deemed to be potentially hazardous. — There is a solid waste disposal site on this property which has been deemed to be potentially hazardous by the Department of Natural Resources. The location(s) of the site(s) is stated below or on an attached separate sheet, as necessary. b.. Hazardous Wastes (check one) There is hazardous waste on this property and it is being managed in accordance with Department of Natural Resources rules. There is hazardous waste on this property and the appropriate response or remediation actions, or the need therefore, have not yet been determined. Further descriptive information: I HEREBY DECLARE THAT I HAVE REVIEWED THE INSTRUCTIONS FOR THIS FORM AND THAT THE INFORMATION STATED ABOVE IS TRUE AND CORRECT. Signature: Telephone No.: (319) 296-2255 (Transferor or Agent) FILE WITH RECORDER DNR form 542-0960 – Attachment #1 (July 18, 2012) Addendum 1. The South 46.8 feet of the North 545.55 feet of the North Half of the Southwest Quarter (N '/2 SW '/<) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, EXCEPT that part thereof conveyed to the City of Waterloo in a deed filed March 14, 2012 as Doc. No. 2012-16922 in the Office of the Black Hawk County Recorder. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record and not of record. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-813 RESOLUTION APPROVING EXCHANGE AGREEMENT WITH L AND H FARMS, LTD. AND ASSIGNMENT OF OFFER TO BUY REAL ESTATE AND ACCEPTANCE AND DIRECTING EXECUTION OF SAID DOCUMENTS BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Exchange Agreement and Assignment of Offer to Buy Real Estate and Acceptance dated September 15, 2014, for the acquisition of property in Black Hawk County for exchange of property in the San Marnan TIF District, in the amount of $131,949.00 for 2.75 acres of land in September, 2014, plus up to $10,000.00 in closing costs, legally described as follows: The North k of the Southwest Quarter of the Southeast Quarter (N SW k SE 14) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right-of-way (9.325 tillable acres, more or less); by and between L and H Farms, Ltd. 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 15th day of September, 2014. Erst G. C ark, Mayor ATTEST: Suzy Sch res, CMC City Cle k CITY OF WATERLOO Council Communication City Council Meeting: September 15, 2014 Prepared: September 4, 2014 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Resolution approving the request of Five Star Snow Trails Association, Inc.'s application with Iowa Department of Transportation to establish and sign snowmobile trails within the right-of-way of state highways that reside within the city limits of Waterloo; and authorize Mayor to execute any necessary documents. Submitted by: Suzy Schares, City Clerk/HR Director Recommended City Council Action: Approve Resolution. Summary Statement: Expenditure Required: none Source of Funds Policy Issue Alternative Background Information: Permits are issued for one season only and renewed each year. September 4, 2014 City of Waterloo Attn: City Clerk 715 Mulberry Street Waterloo, IA 50703 FIVE STAR SNOW TRAILS ASSOCIATION, INC 1314 Washington St, Cedar Falls, IA 50613-4153 Phone: 319-266-0445 ♦ Cell: 319-231-0819 ♦ email: damelick@cfu.net Enclosed for your consideration is the Application to the Iowa Department of Transportation (DOT) for renewal of the permit to establish and sign a snowmobile trail within the right-of-way of State highways. A portion of that trail resides within the City limits of Waterloo. The IDOT requires that each affected City approve the application before being processed by the Department. Page 3A of the application has a block for the signature of the responsible individual re resenting Waterloo. PLEASE USE THIS PAGE FOR THE CITY SIGNATURE. Permits are issued for one season only and must be renewed each year. This application is the same as the one which was approved last year for the City of Waterloo. Items 1, 2 on page 4 and item #17 on page 5 are the only items that currently affect Waterloo. If you have any questions concerning the application and related paperwork, you may contact me at: 319-231-0819(Cell) or e-mail to: damelick@cfu.net I would appreciate it very much if City action could be taken at the September 8th Council meeting, if Council action is required. It is imperative that we get the application in the hands of the IDOT as soon as possible, so as to beat the freezing temperatures and first snowfall with installation of the signs along the trail. Please return the signed copy to me in the enclosed, "postage applied" envelope as soon as possible after action has been taken by City Officials. Thank you for your assistance with this matter. Sincerely, neeici Dick Melick Five Star Snow Trails Assoc., Inc. Administrative Advisor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-814 RESOLUTION APPROVING APPLICATION WITH IOWA DEPARTMENT OF TRANSPORTATION ON BEHALF OF FIVE STAR SNOW TRAILS ASSOCIATION, INC. AND DIRECTING EXECUTION OF SAID APPLICATION BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the application dated September 15, 2014, to establish and sign snowmobile trails within the right-of-way of state highways that reside within the city limits of Waterloo on behalf of Five Star Snow Trails Association, Inc., by and between the Iowa Department of Transportation 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 15th day of September, 2014. ATTEST: Suzy Schafs, CMC City Clerk Ernest G. Clark, Mayor CITY OF WAl'ERLOO Council Communication City Council Meeting: September 15, 2014 Prepared: September 9, 2014 Dept. Head Signature: Suzy Schares # of Attachments: SUBJECT: Resolution approving a three year contract with Travelers for the Surety Bond Insurance in the amount of $2,619.00 for $1,000,000.00 in liability coverage for all city employees. Submitted by: Suzy Schares, City Clerk/FIR Director Recommended City Council Action: Approve motion. Summary Statement: Expenditure Required: none Source of Funds Policy Issue Alternative Background Information: Insurance covers Employee Theft or Forgery. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GOVERNMENT ENTITY CRIME ENDORSEMENT INCLUDING COVERAGE FOR TREASURERS This endorsement modifies the following: Crime It is agreed that: 1. Item 5. of the DECLARATIONS , Insuring Agreement A. Fidelity is replaced with the following: Insuring Agreement Single Loss Limit Single Loss Retention of Insurance A. Fidelity 1. Employee Theft — Per Loss Coverage $1,000,000.00 $10,000.00 2. Employee Theft — Per Employee Coverage 2. Section I. INSURING AGREEMENTS, A. FIDELITY is replaced with the following: A. FIDELITY 1. Employee Theft — Per Loss Coverage The Company will pay the Insured for the Insured's direct loss of, or direct loss from damage to, Money, Securities and Other Property directly caused by Theft or Forgery committed by an Employee, whether identified or not, acting alone or in collusion with other persons. 2. Employee Theft — Per Employee Coverage The Company will pay the Insured for the Insured's direct loss of, or direct loss from damage to, Money, Securities, and Other Property directly caused by Theft or Forgery committed by each Employee, whether identified or not, acting alone or in collusion with other persons. 3. Section II. GENERAL AGREEMENTS, A. JOINT INSURED, 5. is replaced with the following: 5. Payment by the Company to the First Named Insured for loss sustained by any Insured fully releases the Company on account of such loss. 4. Section III. DEFINTIONS is amended as follows: A. Definition DD. Insured is replaced with the following: DD. Insured means: 1. the First Named Insured , 2. any Sponsored Plan, or 3. any other entity listed in Item 1.of the Declarations. B. Paragraph 1. of Definition RR. Single Loss is replaced with the following: RR. Single Loss means: 1. for purposes of Insuring Agreement A.1: a. an individual act; b. the combined total of all separate acts; or c. a series of related acts; committed by an Employee or committed by more than one Employee acting alone or in collusion with other persons both during and before the Policy Period; and Issuing Company: Travelers Casualty and Surety Company of America Policy Number: CRI -7131 Ed. 01-09 Printed in U.S.A. Page 1 of 3 ©2009 The Travelers Companies, Inc. All RAttAeporypti R A Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-815 RESOLUTION APPROVING A THREE (3) YEAR CONTRACT WITH TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA FOR SURETY BOND INSURANCE. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that a three (3) year contract with Travelers Casualty and Surety Company of America, in the amount of $2,619.00 for $1,000,000.00 in liability coverage for all City employees, by and between Travelers Casualty and Surety Company of America and the City of Waterloo, Iowa, be and the same is hereby approved. PASSED AND ADOPTED this 15th day, of September, 2014. Ernest G. C ark, Mayor ATTEST: Suzy Schad City Clerk CMC CITY OF WATERLOO Council Communication City Council Meeting: 9 15 Prepared: 9/4/14 Dept. Head Signature: # of Attachments: SUBJECT: Grant Proposal for Approval Submitted by: Kent Shankle, Director Cultural and Arts Commission Recommended City Council Action: We request permission of the Mayor and the City Council to authorize the submission of this grant proposal. Summary Statement: The Waterloo Center for the Arts would like to apply for a three-year grant through the R.J. McElroy Trust for $24,000. This funding will support school trip experiences to the Phelps Youth Pavilion and Waterloo Center for the Arts. This grant does not require a cash match. Expenditure Required: None Source of Funds: Grant funded Policy Issue Alternative Background Information: The Waterloo Center for the Arts has received grant funding from the McElroy Trust for school field trips since the Phelps Youth Pavilion opened in 2008. More than 20,570 visitors have benefited from free tours and transportation thanks to the generous support provided by McElroy. August 29, 2014 Board of Trustees R.J. McElroy Trust 425 Cedar Street, Suite 312 Waterloo, Iowa 50701 Dear Board of Trustees: First, we want to say thank you and let you know how much we have truly appreciated your most recent grant support that has allowed the Waterloo Center for the Arts to offer school trip experiences to the Phelps Youth Pavilion for over 20,570 visitors since the project was funded when the Pavilion opened in 2008! We would like to respectfully ask your Board to continue funding these essential school trip experiences with a request for a total of $24,000 ($8,000 per year) for the next three years to continue offering free school trips and bus transportation reimbursement for up to $120, in addition to an expanded school trip experience including an art activity for daycares/preschools, elementary, and middle school students ages 3-12 within the R.J. McElroy Trust service area. Both students and teachers who have visited the Phelps Youth Pavilion on a school trip have benefited greatly and gained a better understanding and appreciation for the arts and culture as well as further developed critical thinking skills and engaged in a fun, hands-on educational experience. Many of these children would simply not have this experience if it were not for their schools, teachers and the support generously provided by McElroy Trust. Students' classroom learning was reinforced by exploring concepts in Social Studies, Math, Science, Art, Language Arts, and Thinking Strategies, in addition to learning to apply the Six Pillars of Character in their everyday life through their exhibit experiences. Jan, an elementary school teacher, said this about her classroom's field trip, "What a wonderful experience you provided for our students. Waterloo is so lucky to have such a wonderful facility to enrich the lives of its youth."A student named Jordyn said, "There was a lot of cool neat amazing stuff there. I just loved it. I think that was the best field trip of my school years." One preschool teacher stated it was, "A wonderful experience for all children. We can't wait to tie it in with our learning at school. Look for us next year."These are just a few of the many comments and positive feedback we receive from teachers and students who have experienced the Phelps Youth Pavilion on school trips thanks to your generous support. Funding from the McElroy Trust will continue to support our efforts to offer students an incredibly unique field trip experience at the Phelps Youth Pavilion and Waterloo Center for the Arts. School trips are an essential component to the classroom curriculum and truly inspire and transform kids in northeast Iowa by giving them the opportunity to explore and discover the arts and culture through hands-on learning, providing them with a greater appreciation for our community and the world we live in. Sincerely, Laura Stammler Development/Marketing Manager Waterloo Center for the Arts 225 Commercial Street I Waterloo, IA 50701 319.291.4490 I Iaura.stammler@waterloo-ia.org Federal Tax ID: 42-6005327 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-816 RESOLUTION APPROVING SUBMISSION OF GRANT APPLICATION TO THE R.J. MCELROY TRUST. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the submission of a grant application to the R.J. McElroy Trust dated September 15, 2014, in the amount of $24,000.00, with no required cash match, to be used to fund school trip experiences to the Phelps Youth Pavilion and Waterloo Center for the Arts, be and the same is hereby approved. PASSED AND ADOPTED this 15th day p September, 2014. ika/ Er �t�/G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cle k Mayor BUCK CLARK CITY OF WATERLOO, IOWA COMMUNITY DEVELOPMENT 620 Mulberry Street, Carnegie Annex • Waterloo, IA 50703 • (319) 291-4429 Fax (319) 291-4431 Council Communication City Council Meeting: September 15, 2014 Prepared: September 9, 2014 ,, COUNCIL Dept. Head Signature:l 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 O SUBJECT: Resolution setting date of public hearing as September 22, 2014 to sell a new construction home at 1019 Lafayette Street and convey real property for $95,100 through the Neighborhood Stabilization Program. Submitted by: Rudy D. Jones, Community Development Director Recommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request by the City of Waterloo, Community Development Department to set the date of public hearing for the sale and conveyance of property at 1019 Lafayette Street, Waterloo, Iowa 50703, legally described as: The Southeasterly 71 feet of the Northwesterly 75 feet of Lots 8 and 9, in Block 24 in the Original Plat on the East Side of the Cedar River in the City of Waterloo, Black Hawk County, Iowa to Sergio Rangel for the purchase price of $95,100.00. Expenditure Required: None Source of Funds: Neighborhood Stabilization Program Policy Issue: Sale of Land Background Information: The City of Waterloo, Community Development Department has utilized NSP funds to stabilize and redevelop the 900/1000 block of Lafayette Street. J:\ANN-N\CITY COUNCIL\Council Communication- Sale of Property NSP.docx EQUAL HOUSING OPPORTUNITY CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Carol Nemmers, Deputy 715 Mulberry Street, Waterloo, IA RESOLUTION NO. 2014-817 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE SALE AND CONVEYANCE OF CITY -OWNED PROPERTY WITH NEW CONSTRUCTION HOME LOCATED AT 1019 LAFAYETTE STREET FOR $95,100.00, PLUS COSTS, TO SERGIO RANGEL, AS SEPTEMBER 22, 2014, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. Waterloo, 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 Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa at 5:30 p.m. on the 22nd day of September, 2014, for the purpose of considering and acting upon the sale and conveyance of City -owned property with new construction home located at 1019 Lafayette Street for $95,100.00, plus costs, to Sergio Rangel, and legally described as follows: The Southeasterly 71 feet of the Northwesterly 75 feet of Lots 8 and 9, in Block 24 in the Original Plat on the East Side of the Cedar River in the City of Waterloo, Black Hawk County, Iowa. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this' day of September, 2014. ATTEST: y Sch. res, CMC City Cle•k E` nr est G. lark, Mayor 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 Council Communication City Council Meeting:- September 15, 20:14 Prepared: September 9, 201,x' A Lii,,L_v/- Dept. Head Signature: /%M /13 SUBJECT: Authorization to execute Early Occupancy Agreement for City owned, new construction property at 1019 Lafayette Street, prior to closing date through the Neighborhood Stabilization Program. Submitted by: Rudy D. Jones, Community Development Director Recommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request by the City of Waterloo, Community Development Department to authorize execution of an Early Occupancy Agreement by and between the City of Waterloo and Sergio Rangel for the property at 1019 Lafayette Street, Waterloo, Iowa 50703. Mr. Rangel desires possession of the property as of September 16, 2014 for his family prior to closing the sale and purchase transaction. There were some issues that came up in the legal review and we must redo the public hearing notice and sale of this property, which has impacted the closing date and the perspective buyer's current living status. This arrangement for early occupancy has been drafted by our attorney and allows for a reasonable adjustment until we close the sale. Expenditure Required: None Source of Funds: Neighborhood Stabilization Program Policy Issue: Sale of Land Background Information: The City of Waterloo, Community Development Department has utilized NSP funds to stabilize and redevelop the 900/1000 block of Lafayette Street. RDJ:an Attachment J:\ANN-N\CITY COUNCIL\Council Communication- Occupancy Agreement NSP.docx EQUAL HOUSING OPPORTUNITY CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer EARLY OCCUPANCY AGREEMENT This Early Occupancy Agreement (the "Agreement") is made and entered into as of September 15, 2014, by and between the City of Waterloo, Iowa, an Iowa municipal corporation ("Owner"), and Sergio Rangel ("Occupant"). WHEREAS, Occupant is purchasing property at 1019 Lafayette Street, Waterloo, Iowa (the "Property") from Owner, and Occupant desires possession of the Property before closing of the sale and purchase transaction. NOW, THEREFORE, the parties agree as follows: 1. PREMISES AND TERM. Subject to the terms set forth in this Agreement, the parties agree that Occupant shall have the right to occupy the Property, with the improvements thereon and all rights, easements, and appurtenances belonging thereto, for a term commencing September 16, 2014 and continuing until and including the date of closing, upon the condition that the Occupant performs as provided in this Agreement. 2. RENT. None. 3. POSSESSION. Occupant shall be entitled to possession on the first day of the term of this Agreement, and shall yield possession to the Owner at the time and date of the close of the Agreement term, except as herein otherwise expressly provided. 4. USE OF PREMISES. Occupant covenants and agrees during the term of this Agreement to use and to occupy the Property, including but not limited to all buildings located thereon, for a personal residence for himself and members of his immediate household. Occupant's use and possession of the Property is a personal right. Occupant may not rent the Property to anyone unless Owner gives its advance approval in writing. 5. ENVIRONMENTAL MATTERS. Occupant shall not store, spill, discharge, or otherwise release any hazardous materials, substances or wastes in or upon the Property, and in the event that it does Occupant shall promptly report such event to Owner, shall take primary responsibility for cleanup of same, and shall offer reasonable cooperation with any necessary activities to remediate or mitigate same. No later than the end date of this Agreement, Occupant shall, if Occupant is moving from the Property, properly remove, transport, store and/or dispose of any hazardous materials or substances upon the Property of which Occupant has knowledge, all of such actions to be taken in compliance with applicable federal, state and local law. 6. QUIET ENJOYMENT. Occupant shall have and enjoy the possession of the Property for the term of this Agreement free from molestation, eviction or disturbance by the Owner or any other persons or legal entity whatsoever. 7. CARE AND MAINTENANCE OF PREMISES. (a) OCCUPANT'S DUTY OF CARE AND MAINTENANCE. Occupant shall be solely responsible for repair, maintenance and upkeep of the Property and all improvements thereon during the term of its occupancy. By way of illustration, and not limitation, Occupant shall be responsible for the proper care of all grounds and plantings, snow and ice removal, upkeep of buildings and fences, repair and maintenance of mechanical systems, and removal of trash and debris. Occupant takes the Property in its present condition. Occupant shall make no alterations or improvements of any type or nature whatsoever without the Owner's prior written approval. The premises shall be kept closed and secure at all times against entry by unauthorized persons. (b) OWNER'S DUTY OF CARE AND MAINTENANCE. Owner shall have no duty whatsoever to care for or maintain the Property or any part thereof 8. UTILITIES AND SERVICES. Occupant shall pay before delinquency all charges for use of telephone, water, sewer, gas, electricity, power, garbage or trash disposal, and all other utilities or services of whatever kind and nature which may be used in or upon the Property. 9. END OF TERM. This Agreement shall terminate upon the closing between the parties of the sale and purchase transaction for the Property. If this Agreement is terminated in any other fashion, then Occupant agrees that upon such termination it will surrender, yield up and deliver the Property in good and clean condition, except the effects of ordinary wear and tear and depreciation arising from lapse of time, or damage not covered by Occupant's insurance. 10. ASSIGNMENT AND SUBLETTING. Occupant may not assign this Agreement or sublet the premises or any part thereof without the prior written consent of Owner. The rights of occupancy hereunder are personal to Occupant and members of his immediate household. 11. INSURANCE. (a) The parties agree that Occupant may, at its own expense, maintain hazard or other insurance to cover the buildings, fixtures and personal property from loss or damage. Owner shall provide no such insurance, nor insurance of any other type or nature, for the benefit of Occupant. Any insurance carried by Owner in respect of the Property shall be for the sole benefit of Owner and shall not name Occupant as an additional insured. Owner shall have no duty to use insurance proceeds to repair or rebuild any structure or other improvement on the Property. hTo the extent permitted by their policies, Owner and Occupant waive all rights of recoveryagainstainst each other. (b) Occupant further agrees that it will at its own expense procure and maintain liability insurance in the amount of not less than $500,000 per occurrence and $1,000,000 annual aggregate. Such insurance shall cover liability arising from the activities of Occupant, its guests, permitted sub -occupants, and agents, and shall protect Owner against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the Owner as an additional insured, and providing for thirty (30) days' advance notice to the Owner before cancellation, shall be delivered to the Owner no later than the date that Occupant begins to occupy the Property hereunder. A renewal certificate shall be provided to Owner prior to expiration of any policy. Owner shall provide no such insurance for the property or activities of Occupant, its guests, sub -occupants or agents. (c) Occupant 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 the Occupant upon which the Owner by law or by the terms of this Agreement, has or shall have a lien. Occupant further agrees to be liable for and to promptly pay, as if current rental, any increase in insurance rates on the Property and on the buildings, due to increased risks or hazards resulting from Occupant's use of the premises otherwise than as herein contemplated and agreed. 12. INDEMNITY. Except as to any negligence of Owner or its agents, Occupant will protect, defend, indemnify, and save harmless the Owner from and against any and all losses, costs, damages, and expenses, including but not limited to attorneys' fees and expenses, occasioned by, or arising out of, any act or omission causing or inflicting injury and/or damage to any person or property, happening or done in, upon, or about the Property, and due directly or indirectly to the use or occupancy thereof, or any part thereof, by Occupant or any person claiming through or under the Occupant. Prior to the term hereof, Occupant has had the opportunity to test the premises for toxic or hazardous substances, mold, and other environmental matters, and Occupant agrees that its covenants set forth in this paragraph shall include but not be limited to any claims, demands, losses, or causes of action arising from or relating to such matters by Occupant or any person claiming through or under Occupant. The provisions of this paragraph shall survive the expiration, abandonment, or termination of this Agreement. 13. MECHANIC'S LIENS. Neither the Occupant nor anyone claiming by, through, or under the Occupant, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon said premises or upon any building or improvement thereon, or upon the occupancy interest of the Occupant therein. Occupant shall indemnify and defend Owner and hold Owner harmless from and against any and all cost or expense incurred by Occupant in respect of the Property, whether or not a mechanic's lien or other lien is filed. 14. RIGHTS CUMULATIVE. The various rights, powers, options, elections, and remedies of either party as provided in this Agreement shall be construed as cumulative and no one of them as exclusive of the others or exclusive of any rights, remedies, or priorities allowed either party by law, and shall in no way affect or impair the right of either party to pursue any other equitable or legal remedy to which either party may be entitled as long as any default remains in any way unremedied, unsatisfied, or undischarged. 15. NOTICES AND DEMANDS. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified U.S. mail, postage prepaid, addressed to the parties at the addresses given below. Occupant: Sergio Rangel 1019 Lafayette Street Waterloo, IA 50703 Owner: City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Attn: Rudy Jones, Community Development Director 16. BINDING EFFECT. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective heirs, personal representatives, successors, and assigns of the parties hereto; except that if any part of this Agreement is held in joint tenancy, the successor in interest shall be the surviving joint tenant. 17. CHANGES TO BE IN WRITING. None of the covenants, provisions, terms, or conditions of this Agreement to be kept or performed by Owner or Occupant shall be in any manner modified, waived, or abandoned, except by a written instrument duly signed by the parties and delivered to the Owner and Occupant. This Agreement contains the entire agreement of the parties and supersedes any and all discussions, negotiations, understandings, or agreements pertaining to the subject matter hereof. 18. CONSTRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter, according to the context. IN WITNESS WHEREOF, the parties hereto have executed this Early Occupancy Agreement by their duly authorized representatives as of the date first set forth above. OWNER OCCUPANT City of Waterloo, Iowa By: Ernest G. Clark, Mayor Sergio Rangel Attest: 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. 2014-818 RESOLUTION APPROVING EARLY OCCUPANCY AGREEMENT WITH SERGIO RANGEL 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 Early Occupancy Agreement dated September 15, 2014, for possession before closing of the sale and purchase transaction of City -owned new construction property located at 1019 Lafayette Street, by and between Sergio Rangel 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 15th da,t�f September, 2014. ATTEST: y Scha es, CMC City Cler est G. Clark, Mayor 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: Submitted by: September 15, 2014 September 8, 2014 Hotel/Motel Tax Discretionary Funding Committee Application available in CFO's office for review Hotel/Motel Discretionary Grant Applications Michelle Weidner, CFO ; :\( Recommended Action: Approve the award of hotel/motel discretionary funds to the following entities: Summary Statement — Committee Funding Recommendations: FYE2015 Funds: 1. Waterloo Police Department — event overtime 2. YWCA Week without Violence Total $ 25, 000.00 1,000.00 $ 26,000.00 Expenditure Required: $26,000.00 Source of Funds: Hotel/Motel Tax Discretionary Funds. The current available balance for FYE2015 is $132,256.44. Policy Issue: Alternative: Background Information: N/A N/A N/A 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. 2014-819 RESOLUTION APPROVING AWARD OF HOTEL/MOTEL DISCRETIONARY FUNDS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the following award of hotel/motel discretionary funds, be and the same is hereby approved: Waterloo Police Department - event overtime $25,000.00 YWCA Week without Violence 1,000.00 Total $26,000.00 PASSED AND ADOPTED this 15th day of September, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Scha es, 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: C: September 15, 2014 September 10, 2Q14 City Street Financial Report Eric Thorson, City Engineer Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Mark Rice, Public Works Director Sandie Greco, Traffic Superintendent SUBJECT: Annual Financial Report for City Streets for the Fiscal Year Ended June 30, 2014 Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: I request that a resolution approving the Annual Financial Report for City Streets for the fiscal year ended June 30, 2014 and filing with the Iowa Department of Transportation be adopted. Summary Statement: This report summarizes the city's receipts and expenditures relating to streets and is required to be filed with the state of Iowa by Iowa Code Chapter 312, Section 14. Expenditure Required: Source of Funds: None N/A Policy Issue: None Alternative: If the report isn't approved by council and filed by September 30, the City's road use tax payments will be suspended. Background Information: This report provides the Iowa Department of Transportation and the Federal Highway Administration with a documented record of receipts and expenditures made for streets and related activities in the City of Waterloo. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer ,IOWA DOT Form 517007 (5-2014) Office of Local Systems Ames, IA 50010 City Name WATERLOO Contact Information City Street Financial Report Cover Sheet Now therefore let it be resolved that the city council of WATERLOO , Iowa (city name) on 09/15/2014 did hereby approve and adopt the annual (month/day/year) City Street Financial Report from July 1, 2013 to June 30, 2014 (year) (year) Fiscal Year 2014 Name E-mail Address Street Address City ZIP Code Michelle Weidner michelle.weidner@waterloo-ia.j 715 Mulberry Street Waterloo, IA 50703-5714 Hours Phone Extension Alternate Phone 8 am to 5 pm Monday -Friday (319) 291-4323 (319) 231-9772 Preparer Information Name E-mail Address Phone Extension Michelle Weidner michelle.weidner@waterloo-ia.org (319) 291-4323 (000) 000-3009 Mayor Information Name E-mail Address Street Address City ZIP Code Ernest G. Clark mayor@waterloo-ia.org 715 Mulberry Street Waterloo, IA 50703-5714 Phone Extension (319) 291-4301 Resolution Number Ernest G. Clark Signature Mayor Suzy Schares, CMC Signature City Clerk &IOWA DOT Form 517007 (5-2014) Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Summary Statement Sheet Column 1 Column 2 Column 3 Column 4 Road Use Other Street Street Debt Totals Tax Fund Monies Round Figures to Nearest Dollar A. BEGINNING BALANCE 1. July 1 Balance 3,591,309 9,317,486 , 1,962,836. 14,871,631 2. Adjustments (Note on Explanation Sheet) 2. Snow and Ice Removal 1,468,946 9,519 9,519 3. Adjusted Balance 3,591,309 9,317,486 1,972,355 14,881,150 B. REVENUES 1. Road Use Tax 6,830,595 3,456 6,830,595 2. Transfer of Jurisdictions Fund 3. Street/Bridge Construction 10,294,247 90,009 3. Property Taxes 4. Traffic Services 1,947,489 . 1,947,489 4. Special Assessments F. Administration 1,017,967 613,708 5. Miscellaneous G. Equipment (Purchased or Leased) 11,907,183 , 6,354 11,907,183 6. Proceeds from Bonds, Notes, and Loans H. Miscellaneous 3,491,350 , 3,491,350 7. Interest Earned J. Street Debt 16,528 16,528 8. Total Revenues (Lines B1 thru B7) 6,830,595 -11,923,711 - 5,438,839 24,193,145 C. Total Funds Available (Line A3 + Line B8) 10,421,904 21,241,197 7,411,194 39,074,295 Fiscal Year 2014 Column 1 Column 2 Column 3 Column 4 Road Use Other Street Street Debt Totals Tax Fund Monies Round Figures to Nearest Dollar EXPENSES D. Maintenance 1. Roadway Maintenance 4,522,028 1,259,670 5,781,698 2. Snow and Ice Removal 1,468,946 1,468,946 E. Construction, Reconstruction and Improvements 1. Engineering 471,905 165,165 637,070 2. Right of Way Purchased 3,456 - 630 - 4,086 3. Street/Bridge Construction 10,294,247 90,009 10,384,256 4. Traffic Services 15,630 - 286,542 302,172 F. Administration 1,017,967 613,708 1,631,675 G. Equipment (Purchased or Leased) 54,000 , 6,354 251,704 312,058 H. Miscellaneous J. Street Debt 1. Bonds, Notes, and Loans - Principal Paid 4,308,200 4,308,200 2. Bonds, Notes and Loans - Interest Paid 387.289 387,289 TOTALS K. Total Expenses (Lines D thru J) 7,062,941 - 12,664,970 • 5,489,539. 25,217,450 L. Ending Balance (Line C -K) 3,358,963 . 8,576,227 1,921,655 13,856,845 M. Total Funds Accounted For (K + L = C) 10,421,904 21,241,197 7,411,194 39,074,295 C,IOWADOT Form 517007 {5-2014} Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Miscellaneous Revenues and Expenses Sheet Fiscal Year 2014 Code Number and Itemization of Miscellaneous Revenues (Line B5 on the Summary Statement Sheet) (See Instructions) Column 2 Other Street Monies Column 3 Street Debt Column 3 Street Debt 173 Reimbursement For Damages 3,861 144 FHWA Participation (Fed. Hwy. Admin.) 595,725 191 Licenses and Permits 15,914 174 Sales Tax / Local Option 10,101,180 110 Parking Revenues 166,509 172 Labor & Services 135,963 , 123 Various State Grants 525,647 115 Other Governments (misc.) 216,299 181 Junk and Old 14,170 170 Reimbursements (misc.) 131,815 . 192 Donations 100 Line B5 Totals 11,907,183 Code Number and Itemization of Miscellaneous Expenses (Line H on the Summary Statement Sheet) "On street" parking expenses, street maintenance, buildings, insurance, administrative costs for printing, legal fees, bond fees etc. (See instructions) Column 2 Other Street Monies Column 3 Street Debt Line H Totals C IOWA DOT Form 517007 (5-2014) Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Bonds, Notes and Loans Sheet Fiscal Year 2014 New Bond ? Debt Type Debt Purpose DOT Use Only Issue Date Issue Amount % Related to Street Year Due Principal Balance as of 7/1 or after Total Principal Paid Total Interest Paid Principal Roads Interest Roads Principal Balance as of 6/30 General Obligation Street Improvements 101 06/29/2010 9,165,000 9% 2025 6,830,000 930,000 176,716 ' 83,700 15,904 5,900,000 • General Obligation Paving & Construction 301 06/01/2008 10,000,000 36% 2023 3,995,000 1,030,000 145,340 370,800 52,322 • 2,965,000 II General Obligation Paving & Construction 304 06/01/2006 8,200,000 10% 2021 4,055,000 4,055,000 158,090 . 405,500 15,809 0 General Obligation Paving & Construction 305 06/01/2007 3,675,000 13% 2015 1,020,000 500,000 40,800 65,000 5,304 520,000 General Obligation Paving & Construction 321 06/24/2009 6,190,000 9% 2016 2,805,000 900,000 76,845 81,000 6,916 , 1,905,000 General Obligation Paving & Construction 322 06/29/2010 4,820,000 27% 2017 3,260,000. 695,000 - 65,105 187,650 17,578 - 2,565,000 General Obligation Paving & Construction 323 06/29/2011 8,985,000 25% 2026 8,430,000 270,000 290,050. 67,500 72,512 8,160,000 General Obligation Equipment 401 06/24/2009 7,435,000 13% 2024 5,200,000. 645,000 ' 166,810 83,850. 21,685 . 4,555,000 • General Obligation Equipment 402 06/28/2012 8,040,000 32% 2027 7,815,000 , 615,000. 159,330 • 196,800 50,985 7,200,000 General Obligation Equipment 403 06/27/2013 5,835,000 12% 2028 5,835,000 240,000 ' 125,842 28,800 - 15,101 5,595,000 General Obligation Storm Sewer 701 06/01/2007 19,620,000 29% 2022 9,440,000 , 9,440,000 390,255 , 2,737,600 • 113,173 - 0 • General Obligation Street Improvements 06/27/2014 10,065,000 11% 2029 10,065,000 10,065,000 0 General Obligation Storm Sewer 06/27/2014 8,515,000 28% 2022 8,515,000 8,515,000 ✓ New Bond Totals 18,580,000 3,491,350 Totals 77,265,000 19,320,000 1,795,183 4,308,200 387,289 57,945,000 &IOWADOT Form 517007 {5-2014} Office of Local Systems Ames, IA 50010 City Name WATERLOO Section A City Street Financial Report Fiscal Year 2014 Project Final Costs Sheet For construction, reconstruction, and improvement projects with costs equal to or greater than 90% of the bid threshold in effect as the beginning of the fiscal year. Check here if there are no entries for this year ❑ Line No. 1. Project Number 2. Estimated Cost 3. Project Type 4. Public Letting? 5. Location/Project Description (limits, length, size of structure) 1. Project Number 1 763 3,305,397 Miscellaneous Yes FYE2010 River Renaissance Lower Plaza 12. Overhead 2 786 1,117,816 Miscellaneous Yes FYE2011 River Renaissance North Downtown Trail 3 794 224,266 Miscellaneous Yes FYE2012 Secor Railroad Spur 4 819 7,329,163 Surfaces Yes FYE2012 Street Reconstruction Program 5 821 397,168 Surfaces Yes FYE2012 Geraldine Road - Phase II 6 828 94,847 Miscellaneous Yes FYE2012 Chataqua Park Curb Repair 7 833 2,497,828 Surfaces Yes FYE2013 Asphalt Overlay Program 8 848 211,115 Miscellaneous Yes FYE2013 Sidewalk Repair Program - Zone 3 9 852 136,053 Miscellaneous Yes FYE2014 Sidewalk Repair Assessment Program - Zone 3 v V Contract Work City Labor Line No. 1. Project Number 6. Contractor Name 7. Contract . Price 8. Additions/ Deductions 9. Labor 10. Equipment 11. Materials 12. Overhead 13. Total 1 763 Peterson Contractors, Inc. 3,189,425 243,850 3,433,275 2 786 Vieth Construction Company 1,111,574 92,510 1,204,084 3 794 Vieth Construction Company 232,137 -13,833 218,304 4 819 Aspro, Inc. 7,449,459 -267,117 7,182,342 5 821 Benton's Sand and Gravel, Inc. 272,179 -3,543 268,636 6 828 Mike Dolan Concrete & Masonry 94,323 2,745 97,068 7 833 Aspro, Inc. 2,415,809 256,140 2,671,949 8 848 Boulder Contracting, LLC 141,973 39,671 181,644 9 852 B&B Builders and Supply, Inc. 127,089 -12,114 114,975 C IOWA DOT Form 517007 {5-2014} Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Road/Street Equipment Inventory Sheet Check here if there are no reportable equipment❑ Fiscal Year 2014 1. Local Class I.D. # 2. Model Year 3. Description 4. Purchase Cost 5. Lease /Unit Cost 6. Rental /Unit Cost 7. Used on Project this FY? 8. Status T - 172A02 2002 Ford Ranger 15,127 No No Change T - 162E01 2002 Ford Econoline 3/4 Ton Van 19,375 No No Change S - 190102 1993 Chevy K2500 4z4 3/4 Ton Pickup 16,340 No No Change S - 193B08 2004 Freightliner M2106 Yellow Dump Truck 67,962 No No Change S - 193B07 2004 Freightliner M2106 Yellow Dump Truck 67,962 No No Change S - 193B06 2004 Freightliner M2106 Yellow Dump Truck 67,962 No No Change SE - 710296 1991 Target Pro 65 Cement Saw 8,000 No No Change S - 710256 1990 Ingersoll Rand Compressor 185 8,008 No No Change SE - 710003 1986 Eagle Beaver Trailer Plus 6,100 No No Change SE - 710375 1989 Cimline Cement Saw & Trailer 20,000 No No Change SE - 710370 1984 Ferguson 46 Roller 15,000 No No Change SL - 195L01 2000 Maurer 20' Tandem Trailer 5,365 No No Change SL - 194R01 2000 JD 260 Skidsteer 36,550 No Traded S - 194S01 1999 Etnyre Chip Spreader 132,925 No No Change SL - 194G01 1999 JD 310SE Wheel Loader Backhoe w/Tamper lj 66,400 No No Change SL - 194B06 1998 JD 770CH Road Grader 154,900 No Traded SL - 194B05 1998 JD 770CH Road Grader 154,900 No No Change SL - 194B03 1998 JD 770CH Road Grader 154,900 No No Change SL - 194B02 1998 JD 770CH Road Grader 154,900 No No Change SL - 194B01 1998 JD 770CH Road Grader 154,900 No No Change SL - 194A03 1999 JDTC44 H Front End Loader 91,000 No No Change SL - 194A02 1998 JDTC44H Front End Loader 91,000 No No Change S - 720220 1972 Snogo - Snow Blower Int Loadstar 1700 Yell 16,500 No No Change C,IOWADOT Form 517007 {5-2014} Office of Local Systems Ames, IA 50010 City Name City Nur WATERLOO City Street Financial Report Fiscal Year 2014 1. Local Class I.D. # 2. Model Year 3. Description 4. Purchase Cost 5. Lease /Unit Cost 6. Rental /Unit Cost 7. Used on Project this FY? 8. Status S - 193A02 2003 Ford F450-550 White Flatbed Truck 34,092 No No Change S - 193A01 2003 Ford F450-550 White Dump Truck 34,092 No No Change S - 195S09 2003 Elgin Pelican Sweeper Series P 82,996 No No Change S - 193B05 2003 Freightliner FL80 - Dump Truck 75,622 No No Change S - 192B02 2002 Chevy Silverado White C10 1/2 Ton Truck 13,961 No No Change S - 192B01 2002 Chevy Silverado White C10 1/2 Ton Truck 13,961 No No Change S - 194C01 2002 Navistar Model 4700 Chassis w/Tank/Sprayer 88,807 No No Change S - 193B04 2001 IHC 4700 Dump Truck 68,064 No No Change S - 193B03 2001 IHC 4700 Dump Truck - T444E 68,064 No No Change S - 193B02 2000 Freightliner FL70 - Dump Truck 70,334 No No Change S - 193B01 2000 Freightliner FL70 - Dump Truck 70,334 No No Change S - 197F01 1999 Tink Bucket Grapple Attachment 6,800 No No Change S - 192J01 1999 Ford F250 Flatbed Truck 21,617 No No Change S - 195S08 1999 Tennant Sweeper - 830 -II 97,718 No No Change S - 194M01 1998 Ingersoll Rand 9 Wheel Rubber Tire Roller 41,700 No No Change S - 710393 1999 IHC 4700 Plow/Dump Truck DT466E 63,057 No No Change S - 710392 1999 IHC 4700 Plow/Dump Truck DT466E 63,057 No No Change S - 710391 1999 IHC 4700 Plow/Dump Truck DT466E 63,057 No No Change S - 711386 1997 Spreader 120-84-50 W/Truck 6,048 No No Change S - 711380 1997 Spreader 120-84-50 W/Truck 6,048 No No Change S - 710390 1997 IHC 4700 Dump Truck 57,872 No No Change S - 710389 1997 IHC 4700 Dump Truck - DT466E 57,872 No No Change S - 710388 1996 IHC 4900 Dump Truck DT466 56,664 No No Change S - 710387 1996 IHC 4900 Dump Truck 56,664 No Sold T - 160063 1995 Ford F800 Single Axle Aerial 67,000 No No Change T - 160050 1990 Air Compressor - Sullair Unknown No No Change & IOWA DOT Form 517007 {5-2014) Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Fiscal Year 2014 1. Local Class I.D. # 2. Model Year 3. Description 4. Purchase Cost 5. Lease /Unit Cost 6. Rental /Unit Cost 7. Used on Project this FY? 8. Status SE - 10375 1970 Lacrosse Lo -Boy Trailer 8,500 No No Change SE - 710260 1991 Caterpillar Reclaimer 250,000 No No Change SE - 710297 1991 Caterpillar Vibrator Roller 50,000 No No Change S - 194A01 2004 JD544J End Loader 118,160 No No Change S - 195S10 2004 Elgin Pelican Sweeper Series P 108,275 No No Change S - 192A01 2005 Ford Ranger 1/2 Ton Truck 17,693 No No Change S - 192J02 2005 Ford F350 XLS Dually Truck 20,878 No No Change S - 192N01 2005 Chevy Colorado 1/2 Ton Truck 15,456 No No Change SL -194H01 1998 TC -44H Pincer Bucket Grappler w Plows 25,100 No No Change S - 193B09 2006 Freightliner Truck M2106 84,565 No No Change S - 193B10 2006 Freightliner Truck M2106 84,565 No No Change S - 190611 2006 Chevy Colorado - White 19,158 No No Change S - 190610 2006 Chevy Colorado - White 19,316 No No Change SE - 194M03 2006 Ferguson Static Roller 38,962 No No Change S - 195S11 2004 Elgin Pelican P Dual Street Sweeper 106,000 No No Change S - 710254 1967 Leroi Air Compressor Unknown No Junked T - 175V01 2004 Ford F750 w/ Aerial 103,027 No No Change S - 190806 1990 Sno-Go Loader -mount Snowblower 38,143 No No Change S - 190805 2008 Freightliner Asphalt Patcher M2106 - White 103,783 No No Change T - 175M04 2008 Pickup Line Striper AL 120 32,033 No No Change S - 190901 2009 Freightliner Single Axle Dump Truck M2 106V 111,538 No No Change S - 190902 2009 Freightliner Single Axle Dump Truck M2 106V 111,538 No No Change S - 190030 1993 Chevy 1/2 Ton Pickup 10,378 No No Change SE - 197F01 2008 Grapple Bucket for End Loaders 14,950 No No Change SE - 194A05 2009 John Deere Loader 624K 119,556 No No Change SE - 190801 2009 John Deere Motor Grader 148,008 No No Change &IOWA DOT Form 517007 (5-2014) Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Fiscal Year 2014 1. Local Class I.D. # 2. Model Year 3. Description 4. Purchase Cost 5. Lease /Unit Cost 6. Rental /Unit Cost 7. Used on Project this FY? 8. Status S - 191001 2010 Intl Tandem Dump Truck w/ anti -icing system 131,533 No No Change S - 191002 2010 Intl 7300 Single Axle Dump Truck 113,600 No No Change S - 191003 2010 Intl 7300 Single Axle Dump Truck 113,600 No No Change S - 191008 2010 Elgin Pelican Street Sweeper 161,261 No No Change T - 170711 2007 Ford F750 Digger Derrick 122,723 No No Change S - 191115 2011 Elgin Pelican Street Sweeper 165,352 No No Change S - 191103 2012 Freightliner M2106V Dump Truck 134,132 No No Change S - 191104 2012 Freightliner M2106V Dump Truck 134,132 No No Change S - 191105 2012 Freightliner M2106V Dump Truck 132,109 No No Change SE - 191118 2011 Crafco Trailer -Mounted Crack Sealer EZ1000ii 36,594 No No Change S - 191401 2014 Freightliner 108SD Snow Control Truck 130,401 No No Change S - 191402 2014 Freightliner 108SD Snow Control Truck 130,401 No No Change & I OWA DOT Form 517007 {5-2014} Office of Local Systems Ames, IA 50010 City Name WATERLOO City Street Financial Report Explanation Sheet Fiscal Year 2014 Comments SUMMARY SHEET - LINE A2 ADJUSTMENT TO BEGINNING BALANCE, COLUMN 3, STREET DEBT: A total of $9,519 is reported here as an adjustment to the beginning balance to account for rounding differences in the amount of bond proceeds actually issued for street purposes and the amount calculated by the system. This difference is created because the system rounds to full percentages. 1. 2014 New Issue $9,519 GIOWADOT Form 517007 (5-2014) Office of Local Systems Ames, IA 50010 City Name City Street Financial Report Fiscal Year WATERLOO 2014 Monthly Payment Sheet Month Road Use Tax Payments Transfer of Jurisdictions Payments JULY $560,198.99 AUGUST $663,299.40 SEPTEMBER $615,810.12 OCTOBER $724,004.08 NOVEMBER $517,255.76 DECEMBER $539,050.74 JANUARY $534,073.62 FEBRUARY $649,421.00 MARCH $641,835.98 APRIL $435,225.19 MAY $320,848.10 JUNE $629,572.34 Totals $6,830,595.32 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-820 RESOLUTION APPROVING THE ANNUAL FINANCIAL REPORT FOR FISCAL YEAR ENDED JUNE 30, 2014 FOR CITY STREETS TO BE FILED WITH THE IOWA DEPARTMENT OF TRANSPORTATION COVERING THE VARIOUS REVENUE AND EXPENDITURES FOR THE CITY STREETS AND PARKING SYSTEM IN THE CITY OF WATERLOO, IOWA. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Annual Financial Report for Fiscal Year Ended June 30, 2014 for City Streets, as required by Chapter 312, Section 14 of the Code of Iowa, covering the various revenue and expenditures for the City Streets and Parking System in the City of Waterloo, Iowa, be, and the same is hereby approved as its Official Fiscal Year Ended June 30, 2014 Annual Financial Report. PASSED AND ADOPTED this 15th day of September, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cler CITY OF WATERLOO Council Communication City Council Meeting: September 15 2014 Prepared: Sept ember 9 201 Dept. Head Signature: Eric Thorson PE. Ci En : ineer # of Attachments: SUBJECT: F.Y. FR FLOOD , ONDS AND CERTIFICA 1 S OF INSURANCE L REPAIRS CON 1'ItA , BOULDER CONTRACTING, LLC Contract No. 867 Submitted by: Jamie Knutson, PE, Associate Engineer Recommended City Council Action: Approval and signatures of Contracts, Bonds, Certificate of Insurance for the F.Y. 2014 FLOOD CONTROL GA1'IWELL REPAIRS, Contract No. 867. Please return three (3) executed copies to this office for distribution. Summary Statement Transmitted herewith are four (4) copies of each of the Contract, Bond and Certificate of Insurance on the F.Y. 2014 FLOOD CONTROL GA1'EWELL REPAIRS, Contract No. 867 for approval and signatures of City officials. The contract is with BOULDER CONTRACTING, LLC, of Grundy Center, Iowa in the amount of $591,500.00. Expenditure Required 5591,500.00 Source of Funds G.O. Bonds Policy Issue N/A Alternative None Background Information: FORM OF CONTRACT CONTRACT FOR THE CONSTRUCTION OF F.Y. 2014 FLOOD CONTROL GATEWELL REPAIRS CITY OF WATERLOO, IOWA CONTRACT NO. 867 This contract made and entered into this , f , day of ' , 20 u, by and between the City of Waterloo, Iowa, a Municipal Corporation, (hereinafter referred to as City), and BOULDER CONTRACTING LLC of , (hereinafter referred to as Contractor), WITNESSETH: PAR. 1 PAR. 2 PAR. 3 PAR. 4 Contractor agrees to build and construct the FY 2015 FLOOD CONTROL GAREWELL REPAIRS Contract No. 867 and furnish all necessary tools, equipment, materials, and labor necessary to do all the work called for in the plans and specifications in a workmanshiplike manner and for the prices set forth in Contractor's proposal, which was accepted by the City, and which is understood and agreed to be a part of this contract. It is understood and agreed that the resolution adopted by the City Council ordering the construction of the improvement, the Notice to Contractors as published, the Instruction to Bidders, the Form of Proposal, the Construction and Maintenance Bonds, the Council Proceedings relating to this matter, and the Plans and Specifications shall all be considered as forming a part of the contract the same as though they were each set out in said contract. The Contractor agrees to furnish at its own cost and expense, all necessary materials and labor for said work and to construct said improvements in a thorough, substantial, and workmanlike manner, and in strict accordance with the requirements of this contract, and of the plans and specifications made a part hereof by reference, and to the satisfaction and approval of the City and its engineer. The Contractor agrees to perform said work and install said improvements on the terms set out in bid or proposal to the City which has been accepted by the City and which is by reference made a part of this contract. FORM OF CONTRACT PAGE 1 OF 5 PAGES PAR. 5 The Contractor agrees to commence said work within ten (10) working days after receipt of "Notice to Proceed" and complete it on or before MAY 31, 2015 unless an extension of time is granted in writing by the Council of the City. PAR. 6 Should the Contractor fail to complete said improvements in strict accordance with the terms and conditions of this contract, or the plans and specifications therefor promptly by the date herein specified, the City may pay such additional sums as it may be required to pay by reason of the failure of said contractor and deduct any and all such sums from any amount then due the Contractor. PAR. 7 PAR. 8 PAR. 9 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passage ways for water, traffic, and protecting any excavations in any street or alley, and maintaining proper and sufficient barricades with lights and signals during all hours of darkness, to see that the backfilling is properly done, and agrees to keep the City whole and defend any and all suits that may be brought against the City by reason of any injuries that may be sustained by any person or property allegedly caused by the Contractor, or his agents, while work is done pursuant to this agreement. The Contractor agrees that in the event a law suit is brought against the City for damages allegedly sustained by reason of any act, omission or negligence of the Contractor or its agents, or on account of any injuries allegedly sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents, in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein, and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly. The Contractor agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and those who use the streets of the City. The City shall have the right to appoint one or more construction reviewers who shall review the progress of the work in detail; also, to make any test or any material to be used in such work. No material shall be used in any work until the same has first been approved by the construction reviewer. Such construction reviewer shall have full authority to pass judgment upon all materials and upon the manner of doing the work, and their judgment on rejecting any materials, substance, or manner of work shall be final unless it is revoked or modified by the City Engineer. PAR. 10 Any material, which has been rejected by the construction reviewer, shall be at once removed from the line of work and shall not be again taken FORM OF CONTRACT PAGE 2 OF 5 PAGES PAR. 11 PAR. 12 PAR. 13 PAR. 14 PAR. 15 thereon or placed with the material proposed to be used without the written consent of the City Engineer. The Contractor shall maintain no cause of action against the City on account of delays and prosecution of work, but if said work is delayed by the City, the Contractor shall have such extra time for completion of the job as was lost by reason of the delay caused by the City. The Contractor agrees to pay punctually all just claims of labor, material, men, or subcontractors who shall perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor. It is agreed that the City shall not be liable for said labor, material, or men under this contract. The Contractor agrees to furnish the City, simultaneously with this contract, a bond on a form to be provided by the City in the amount provided by law as stated in the Notice to Bidders, which shall be for the benefit of the City, and any and all persons injured by the breach of any of the terms of this contract. Said bond shall be filed with the City Clerk and shall be subject to the approval of the City Council, and is by reference made a part of this contract. The Contractor agrees that should it abandon work under this contract or cease the prosecution thereof for a period of thirty (30) consecutive days without reasonable cause, and should it fail to proceed with said work within ten (10) days after a notice to continue or carry it on has been mailed to it at the address given herein by the City, or after such notice has been served on it, then the City may proceed to complete said work, using any material, tools, or machinery found along said line of work, doing the work either by contract or as it may elect, and the Contractor and the sureties on its bond shall be liable to the City for the costs and expenses so paid out. Said costs shall be retained by the City from any compensation due, or to become due the Contractor, and may be recovered by the City in an action upon Contractor's bond. In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations, and conditions hereof, or contained in the various instruments made a part of this contract by reference, and upon completion and acceptance of said work, the City agrees to pay to the Contractor, in the manner set out in the Notice to Contractors, the amount of money due the Contractor for work performed and accepted, at the unit prices set out in the Contractor's proposal, which has been accepted by the City. FORM OF CONTRACT PAGE 3 OF 5 PAGES PAR. 16 PAR. 17 PAR. 18 PAR. 19 PAR. 20 PAR. 21 The total amount of the contract, based on the Engineer's estimates of quantities and the Contractor's unit bid prices, and for which 100% surely bond is required is $591,500.00. After the completion of said work, the Contractor agrees to remove all debris and clean up said streets, and to save the City harmless from any damage allegedly resulting from a failure to clean up and remove the debris or put the street back in a proper condition for travel. This contract is not divisible, but in the event of a conflict between this contract and the various instruments incorporated by reference, this contract shall govern. Before the Contractor shall be entitled to receive final payment for work done under this contract, it shall execute and file a bond in the penal sum of not less than 100% of the total amount of the contract, same to be known as "Maintenance Bond," and which bond must be approved by the City Council, and which bond is in addition to the bond given by the Contractor to guarantee the completion of the work. The Contractor shall maintain all work done hereunder in good order for the period of two (2) years from and after the date it is accepted by the Council of the City of Waterloo, Iowa. Said maintenance shall be made without expense to the City or the abutting property. In the event of the failure or default of the Contractor to remedy any or all defects appearing in said work within a period of two (2) years from the date of its acceptance by said Council, and after having been given ten (10) days notice so to do by registered letter deposited in the United States Post Office in said town, addressed to said contractor at the address herein given, then the City may proceed to remedy such defects. The costs and expenses thereof to be recovered from the Contractor and the sureties on its maintenance bond by an action brought in any court of competent jurisdiction. The Contractor shall give notice to said City by registered letter directed to the Mayor or City Clerk/Auditor thereof not more than four (4) and not less than three (3) months prior to the expiration of the term during which the Contractor is required to maintain said improvements, in good repair by the terms of its Contract. The liability of the Contractor and of the sureties on its bond for maintenance of the said improvements shall continue until three (3) months after such notice has been given to the City, and, in any event, until two (2) years after the acceptance of the work. FORM OF CONTRACT PAGE 4 OF 5 PAGES CITY OF WATERLOO, IOWA City Clerk BOULDER CONTRACTING, LLC Contractor BY: Title: pia.""aor Approved by the City Council of the City of Waterloo, Iowa, this day of , ATTEST: L , City Clerk Waterloo, Iowa FORM OF CONTRACT PAGE 5 OF 5 PAGES Bond Number BD738315 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Boulder Contracting, LLC of Dike IA (the "Principal"), and Nationwide Mutual Insurance Company of Des Moines IA (the "Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum of Five Hundred Ninety-one Thousand Five Hundred & no/100ths-- Dollars ($ 591,500.00 ), lawful money of the United States, for the payment of said sum in connection with a contract (the "Contract") dated on or about for the purpose of FY 2014 Flood Control Gatewell Repairs, Contract No. 867 . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond. Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of PRINCIPAL Boulder Contracting. LLC SURETY Nationwide Mutual Insurance Company Name Name By: ! J� \ \ Title: Nancy D. Baltutat, Attorney -in -Fact [attach Power of Attorney] NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. Performance Bond Page 2 of 2 Bond Number BD738315 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Boulder Contracting, LLC (Name of Contractor) 25789 N Avenue, Grundy Center IA 50638 a (Address of Contractor) Corporation , hereinafter called Principal, (Corporation, Partnership or Individual) and, Nationwide Mutual Insurance Company (Name of Surety) One Nationwide Plaza, Columbus OH 43216 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) Waterloo IA (Address of Owner) Five Hundred Ninety-one Thousand Five Hundred hereinafter called OWNER, in the penal sum of & no/l00ths--------- Dollars,($ 591,500.00-- ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain contract with the OWNER, dated the day of 20 , a copy of which is hereto attached and made a part hereof for the construction of: FY 2014 Flood Control Gatewell Repairs, Contract No. 867 NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, SUBCONTRACTORS, and corporations furnishing materials for or performing labor in the prosecution of the WORK provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such WORK, and all insurance premiums on said WORK, and for all labor, performed in such WORK whether by SUBCONTRACTOR or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the WORK to be performed thereunder or the SPECIFICATIONS accompanying the same shall in any wise affect its obligation on this BOND, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the WORK or to the SPECIFICATIONS. PROVIDED, FURTHER, that no final settlement between the OWNER and the CONTRACTOR shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. IN WITNESS HEREOF, this instrument is executed in 3 counterparts, each one of (number) which shall be deemed an original, this the day of 20 ATTEST: (Principal) Secretary (SEAL) Witness as to Principal (Address) Boulder Contracting, LLC Principal By (s) (Address) Nationwide Mutual Insurance Company Witness as to Surety /i7/ '4200 University Avenue #200 (Address) West Des Moines IA 50266 Surety By Attorney-in-Fadt Nancy D. Baltutat 4200 University Avenue #200 (Address) West Des Moines IA 50266 NOTE: Date of BOND must not be prior to date of Contract. If CONTRACTOR is Partnership, all partners should execute BOND. If this project includes Federal Funds, the following applies to the payment bond: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. KNOW ALL MEN BY THESE PRESENTS THAT: Nationwide Mutual Insurance Company, an Ohio corporation Farmland Mutual Insurance Company, an Iowa corporation Nationwide Agribusiness Insurance Company, an Iowa corporation Power of Attorney AMCO Insurance Company, an Iowa corporation Allied Property and Casualty Insurance Company, an Iowa corporation Depositors Insurance Company, an Iowa corporation hereinafter referred to severally as the "Company" and collectively as the "Companies," each does hereby make, constitute and appoint: F. MELVYN HRUBETZ NANCY D. BALTUTAT JILL SHAFFER GREG T. LAMAIR MARK E. KEAIRNES PATRICK K DUFF JEFFREY R. BAKER WEST DES MOINES IA each in their individual capacity, its true and lawful attorney-in-fact, with full powerand authorityto sign, seal, and execute on its behalf any and all bonds and undertakings, and other obligatory instruments of similar nature, in penalties no! exceeding the sum of THREE MILLION AND NO/I00 DOLLARS $ 3,000,000.00 and to bind the Company thereby, as fully and to the same extent as if such instruments were signed by the duly authorized officers of the Company; and all acts of said Attorney pursuant to the authority given are hereby ratified and confirmed. This power of attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the board of directors of the Company: "RESOLVED, that the president, or any vice president be, and each hereby is, authorized and empowered to appoint attorneys -in -fact of the Company, and to authorize them to execute and deliver on behalf of the Company any and all bonds, forms, applications, memorandums, undertakings, recognizances, transfers, contracts of indemnity, policies, contracts guaranteeing the fidelity of persons holding positions of public or private trust, and other writings obligatoryin nature that the business of the Company may require; and to modify or revoke, with or without cause, any such appointmentor authority; provided, however, that the authority granted hereby shall in no way limit the authority of other duly authorized agents to sign and countersign any of said documents on behalf of the Company;' "RESOLVED FURTHER, that such attorneys -in -fact shall have full power and authorityto execute and deliver any and all such documents and to bind the Company subject to the terms and limitations of the power of attorney issued to them, and to affix the seal of the Companythereto; provided, however,that said seal shall not be necessary for the validity of any such documents." This power of attorney is signed and sealed under and by the following bylaws duly adopted by the board of directors of the Company. Execution of Instruments. Any vice president, any assistant secretary or any assistant treasurer shall have the power and authority to sign or attest all approved documents, instruments, contracts, or other papers in connection with the operation of the business of the company in addition to the chairman of the board,the chief executive officer, president, treasurer or secretary; provided, however, the signature of any of them maybe printed, engraved,or stamped on any approved document, contract, instrument, or other papers of the Company. IN WITNESS WHEREOF, the Company has caused this instrument to be sealed and duly attested by the signature of its officer the 30th day of April , 2013 • p ..z• �a cowmart . aposukni #d• SEALS STATE OF IOWA, COUNTY OF POLK: ss 44�'e •41.11: � On this 30th day of April , 2013 , before me came the above-named officer for the Companies aforesaid, t40,:` to me personally known to be the officer described in and who executed the preceding instrument, and he acknowledged the execution of the same, and being by me duly sworn, deposes and says, that he is the ♦;+f officer of the Companies aforesaid, that the seals affixed hereto are the corporate seals of said Companies, �� and the said corporate seals and his signature were duly affixed and subscribed to said instrument by the authority and direction of said Companies. Terrance Williams, President and Chief Operating Officer of Nationwide Agribusiness Insurance Company and Farmland Mutual Insurance Company; and Vice President of Nationwide Mutual Insurance Company, AMCO Insurance Company, Allied Property and Casualty Insurance Company, and Depositors Insurance Company ACKNOWLEDGMENT SEAL;,; asnlyMO Iowa Notarial Seal Commission number i52Teb dy Commisslon Mires Mardi 24.2014 Notary Public My Commission Expires CERTIFICATE March 24, 2014 !, Robert W Homer III, Secretary of the Companies, do herebycertify that the foregoing is a full, true and correct copy of the original power of attorney issued by the Company; that the resolution included therein is a true and correct transcript from the minutes of the meetings of the boards of directors and the same has not been revoked or amended in any manner; that said Terrance Williams was on the date of the execution of the foregoing power of attorney the duly elected officer of the Companies, and the corporate seals and his signature as officer were duly affixed and subscribed to the said instrument by the authorityof said board of directors;and the foregoing power of attorney is still in full force and effect. IN WITNESS WHEREOF, I have hereunto subscribed my name as Secretary, and affixed the corporate seals of said Companies this day of , 20 This Power of Attorney Expires 12/1o/16 BDJ 1 (04-13) 00 01779 Secretary ��d AC®RL7®DATE �. CERTIFICATE OF LIABILITY INSURANCE (MMfDD/YYYY) 9/10/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN -THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ibeling Insurance Services 605 Main St. Ackley, Iowa 50601 CONTACT p Harms Betsy 1 farms ONN . Ext): 641-847-3555 FAC, No): 641-847-3556 E-MAIL ADDRESS: betsy(a ibelinginsurance.com INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Auto -Owners 18988 INSURED Boulder Contracting LLC 25789 N Avenue Grundy Center, IA 50638 INSURER B : LIABILITY ✓ I OCCUR INSURER C: INSURER D : 36/01/14 INSURER E : EACH OCCURRENCE INSURER F : 1,000,000 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 POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE IDDL NSR SUBR WVD POLICY NUMBER POLICY EFF jMM/DD/YYYY) POLICY EXP (MMIDD/YYYY) LIMITS A GENERAL / LIABILITY COMMERCIAL GENERAL LIABILITY ✓ I OCCUR Y 39503120 36/01/14 06/01/15 EACH OCCURRENCE $ 1,000,000 PRSRENTED PREMISES ( (Ea occurrence) $ 300,000 CLAIMS -MADE MED EXP (Any one person) $ 5,000 GEN'L PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: PPOLICY JECT I _ LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE ✓ ✓ LIABILITY ANY AUTO AUTOS NED HIRED AUTOS v j SCHEDULED 71 NON -OWNED AUTOS(Per 4950312000 6/01/14 06/01/15 COMBINED SINGLE LIMIT (Ea accident) 1,000,000 _ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE accident) $ $ a I UMBRELLA LIAB EXCESS LIAB ✓ OCCUR CLAIMS -MADE 4950312001 36/01/14 06/01/15 EACH OCCURRENCE $ 3,000,000 AGGREGATE $ 3,000,000 DED I ✓ I RETENTION $ Waived $ E WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBEREXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 39062876 06/01/14 06/01/15 ✓ WC STAT10TH- TORY IMIU-TS ' 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) F.Y. 2014 FLOOD CONTROL GATEWELL REPAIRS The City of Waterloo is listed as Additional Insured. CERTIFICATE HOLDER CANCELLATION City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Ph: 319-291-4312 Fax: 319-291-4262 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 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-821 RESOLUTION APPROVING CONTRACT, BONDS, AND CERTIFICATE OF INSURANCE WITH BOULDER CONTRACTING, LLC OF GRUNDY CENTER, IOWA, IN CONJUNCTION WITH THE F.Y. 2014 FLOOD CONTROL GATEWELL REPAIRS, CONTRACT NO. 867, IN THE AMOUNT OF $591,500.00, AND AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE SAID DOCUMENTS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract with Boulder Contracting, LLC of Grundy Center, Iowa, for the F.Y. 2014 Flood Control Gatewell Repairs, Contact No. 867, in the amount of $591,500.00, signed on behalf of the City of Waterloo, Iowa by the Mayor and the City Clerk as of the 15th day of September, 2014, together with the accompanying bond for the faithful performance of said Contract, as surety thereon, be, and the same are hereby approved, and the Mayor and City Clerk are hereby authorized to execute said documents. PASSED AND ADOPTED this 15th day of September, 2014. Ernest G. Clar ATTEST: uzy Sch res, CMC City Cler , Mayor CITY OF WA'I'FRLOO Council Communication City Council Meeting: September 15, 2014 Prepared: September 9, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: PROFESSIONAL SERVICES AGREEMENT CONSTRUCTION RELATED SERVICES FOR THE F.Y. 2014 FLOOD CONTROL GATEWELL REPAIRS CITY CONTRACT NO. 867 Submitted by: Tamie Knutson, P.E., Associate Engineer Recommended City Council Action: Staff has reviewed this agreement and recommends Council approve this document and authorizes Mayor to sign and enter into said agreement. Summary Statement Transmitted herewith is the Professional Services Agreement with AECOM for the construction related services for the F.Y. 2014 FLOOD CONTROL GATEWELL REPAIRS, Contract No. 867. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required The cost for the CRS services is sixty-nine thousand dollars ($69,000.00), and shall not be exceeded without authorization of the City. Source of Funds G.O. Bond Funds Policy Issue N/A Alternative N/A Background Information The Scope of Services will encompass and include services, materials, equipment, personnel and supplies necessary to provide construction staking, field review, materials testing and contract administration during the construction phase for the above-mentioned project. A COM r,ease reign finis copy so: City Clerk & Finance Dept. 715 Mulberry St. Waterloo, IA 50703 AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com CITY OF WATERLOO GATEWELL REPAIR PROJECT BLACK HAWK CREEK AND CEDAR RIVER CONSTRUCTION -RELATED SERVICES SUPPLEMENTAL AGREEMENT NO. 1 WHEREAS, a Professional Services Agreement was entered into between the City of Waterloo, Iowa (Client), and AECOM Technical Services, Inc. (ATS) of Waterloo, Iowa, dated December 9, 2013, for the design survey and final design for the Gatewell Repair Project in Waterloo, Iowa; and WHEREAS, the Client and ATS now desire to enter into Supplemental Agreement No. 1 for construction -related services for the Gatewell Repair Project. NOW THEREFORE, it is mutually agreed to amend the original Professional Services Agreement as follows: Project Description The project consists of the removal and replacement of twenty-one (21) gate valves, which outlet into Black Hawk Creek and the Cedar River. The project includes removal and replacement of existing gatewell equipment and operators, storm sewer connections, traffic control and other incidental items for the Gatewell Repair Project. II. Scope of Services The Scope of Services will encompass and include services, materials, equipment, personnel and supplies necessary to provide construction staking, field review, materials testing and contract administration during the construction phase for the project defined above. The Scope of Services is further defined as follows: Task 1. Conduct a preconstruction conference attended by representatives of the Contractor, Client, Consultant and affected utilities. Task 2. Provide construction -staking for horizontal and vertical controls for the project as follows: a. Set Stakes for Horizontal and Vertical Location of Structures, as Needed b. Field Verification of Structure Elevations, as Needed Task 3. Review shop drawings and other submittals as required of the Contractor by the contract documents for conformance with the design concept of the project and compliance with the information given in the contract documents. Task 4. Answer design interpretation questions from the Client, Contractor, review staff and appropriate agencies. Task 5. Prepare bi-weekly applications for payment based on information provided by field review staff and Contractor and forward to the Client for execution with recommendation for approval and payment. A_COM Page 2 Task 6. Perform construction site visits by design personnel at appropriate stages of construction to review the quality of the work and to determine whether the work conforms to the contract documents. Task 7. Prepare and assist the Client and Contractor in processing contract change orders. Task 8. Provide periodic field observation during construction to review the work of the Contractor to determine if the work is proceeding in general accordance with the contract documents and that completed work appears to conform to the contract documents. Staffing requirements may be adjusted during the project in relation to the level of construction activity. Task 9. Report to the Client any work believed to be unsatisfactory, faulty or defective or does not conform to the contract documents, and advise the Client of any work that should be corrected or rejected. Task 10. Consider and evaluate Contractor's suggestions for modifications and report them with recommendations to the Client. Task 11. Participate in a review of the project with the Client and review staff near project completion and prepare a list of items to be completed or corrected. Task 12. Participate in a field observation of the completed project with the Client and review staff before a final application for payment is processed for the Contractor. Task 13. Maintain files for correspondence, reports of the job conferences, shop drawings and sample submissions, reproductions of original contract documents including addenda, change orders, field modifications, additional drawings issued subsequent to the execution of the contract, Engineer clarifications and interpretations of the contract documents, progress reports and other project -related documents. Task 14. Provide the Client with a copy of revised drawings of the construction plans (record drawings) for the project based on the construction observation records of the field review staff and the Contractor showing those changes made during construction considered significant. Task 15. Prepare and assist the Client with the final close-out documentation received from the Contractor. III. Compensation Compensation for the above services will be on an hourly basis in accordance with Part VI of the original agreement. Total compensation is an estimated fee of Sixty -Nine Thousand Dollars ($69,000.00). IV. In all other respects, the obligations of the Client and ATS shall remain as specified in the Professional Services Agreement dated December 9, 2013. IN WITNESS WHEREOF, the parties hereto have executed this Supplemental Agreement No. 1 as of the dates shown below: A=COM CITY OF WATERLOO, IOWA Ernest G. Clark Mayor ATTEST: By: AECOM TEC NICAL SERVICES, INC. Date 9//5// Page 3 By v\.J64# ! !/ '1, Date September 9, 2014 ouglas . Scdel, P.E. Associate Vice President L:\work\ADMIN\AGREE\SUPPLE\SA1 WatGatewelICRS.doc Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, IA 50703, (319) 291-4323. 715 Mulberry Street, Waterloo, RESOLUTION NO. 2014-822 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 1WITH LOOIOWAANDNICAL SERVICES, INC. OF DIRECTINGEXECUTION WATERLOO, OF WA SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that Supplemental Agreement No. 1 dated September 15, 2014, in an amount not to exceed $69,000.00, for construction related services for the F.Y. 2014 Flood Control Gatewell Repairs, Contract No. 867, by and between AECOM Technical Services, nc. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 15th day of September, 2014. ATTEST: (CEL..3L-Q/) Suzy Scha es, CMC City Cler est G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: September 25, 2014 Prepared: September 10 2013 Dept. Head Signature: # of Attachments: SUBJECT: Install a 100 watt HPS light on a wood pole 1500 block of Lafayette St. Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve Resolution for MidAmerican Energy to install a 100 watt HPS on a wood pole on Lafayette St. Summary Statement: During reconstruction of Lafayette St. a metal street light pole was removed. Expenditure Required: $6.22 per month Source of Funds: Road Use Tax Fund Policy Issue Alternative Background Information: Agreement was to replace metal pole and 100 watt HPS with a 100 watt HPS on a current wood pole. Mayor BUCK CLARK CIT D WA 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: 09/15/14 Prepared: 09/10/14 Dept. Head Signature: # of Attachments: COUNCIL SUBJECT: Expansion of the Martin Road Development Plan Tax Increment MEMBERS Financing (TIF) District, and set a date of hearing as September 22, 2014. DAVID Submitted by: Noel Anderson, Community Planning & Development Director JONES Ward I Recommended City Council Action: Set a date of hearing as September 22, 2014, CAROLYN and adopt necessary resolutions and ordinances for the expansion. COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 Summary Statement: The City of Waterloo has an existing Martin Road Development Plan and TIF District that encompasses an area generally located north of Highway 20, west of Highway 63 and south and north of W Ridgeway Avenue. The proposed expansion is intended to encourage the redevelopment and continued development of the Martin Road area, including public improvements. The purpose of the plan and TIF district is to increase the tax base and employment opportunities in the City of Waterloo. The proposed expansion would include the golf center on West Ridgeway Avenue, as well as properties along both sides of U.S. Highway 63, south of U.S. Highway 20 to West Shaulis Road. Expenditure Required: none TOM Source of Funds: n/a LIND At -Large Policy Issue: Economic Development STEVE SCHMITT Alternative: At -Large Background Information: The proposed expansion is intended to encourage the redevelopment and continued development of the Martin Road area, including public improvements. The purpose of the plan and TIF district is to increase the tax base and employment opportunities in the City of Waterloo. Legal Description: see attached Plan NA:SG cc: Aric Schroeder, City Planner Path: \\Alomain\waterloo\USERS\SHANEG\City Council Letters\TIF Amendments\09-15-14 Council Communication Martin Rd Development TIF Expansion.doc CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Arc Schroeder, City of Waterloo. 715 Mulberry Street. Waterloo, IA, 50703 319-291-4366 Return to preparer after recording. MARTIN ROAD DEVELOPMENT PLAN (Amendment No.2 Senten her 2014) INTRODUCTION The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase the property tax base by encouraging the retention and expansion and attraction of business and industry. The Land Use Plan states that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. Under the present circumstances, there is the need to bring about economic development; i.e., the expansion of existing industry and the attraction of new industry, which will further diversify and increase the property tax base and which will increase employment opportunities. The 2010 Plan also states that the City of Waterloo should develop a redevelopment plan for the Greyhound Park. The Martin Road Industrial Area Tax Increment Plan presents a proposal for the location of an industrial park on various lands at and near an existing industrial area along Highway 63. The plan also will allow tax increment revenue to be used as incentives for the development of the area. These incentives would be negotiated and approved on a project -by -project basis at future dates. To achieve the primary objectives of this plan, the City of Waterloo shall undertake the urban renewal actions as specified in this tax increment Plan, pursuant to the powers granted to it under Chapter 403 of the 2011 Code of Iowa, as amended. 1 TABLE OF CONTENTS MARTIN ROAD DEVELOPMENT PLAN AS AMENDED. A. DESCRIPTION OF PROJECT B. LAND USE PLAN C. PROJECT PROPOSALS D. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS E. PROCEDURES FOR CHANGES IN THE PLAN F. RELOCATION G. PROJECT FUNDING II. PROJECT BUDGET A. NARRATIVE B. CHAPTER 15A LOANS OR GRANTS C. TAX INCREMENT FINANCING D. PROPOSED TIMING SCHEDULE III. LEGAL DATA - ATTACHMENTS A. BOUNDARY MAP B. LEGAL DESCRIPTION C. STUDY OF BONDING CAPACITY D. PRELIMINARY PROJECT BUDGET E. ACQUISITION CHECKLIST F. RELOCATION CHECKLIST G. PLANNING, PROGRAMMING & ZONING RESOLUTION H. NOTIFICATION TO TAXING ENTITIES AND RECORD OF CONSULTATION 2 I. RESOLUTION ADOPTING DOWNTOWN PLAN J. ORDINANCE ADOPTING DOWNTOWN PLAN K. NOTICE OF PUBLIC HEARING (PUBLISHED) L. NOTICE OF PUBLIC HEARING (POSTED) 3 I. MARTIN FN ROAD DEVELOPMENT PLAN AS AMFNDED. A. Description of Project 1. Boundary Map (See Attachment "A") 2. Boundary Description (See Attachment "B") 3. Findings and Objectives a. Findings The City of Waterloo proposes to undertake an Urban Renewal Project under the provisions of Iowa Code Chapter 403, as amended to date. It is hereby found and declared that there exists in the proposed Martin Road Development Plan the continuing need for programs to alleviate and prevent conditions of unemployment; and that it is accordingly necessary to assist and retain local retail and commercial enterprises to strengthen and revitalize the economy of this City; that accordingly it is necessary to provide means and methods for the encouragement and assistance of retail and commercial enterprises in locating, purchasing, constructing, reconstructing, modernizing, improving, maintaining, repairing, furnishing, equipping, and expanding in this City; and that it is also necessary to encourage the location and expansion of commercial enterprises to more conveniently provide needed services and facilities of the commercial enterprises to Waterloo and the residents of the City. b. Objectives of the Plan This Plan is intended to strengthen the economy, promote industrial and commercial development, expansion of existing business and industry and attraction of new industrial and commercial projects. In accordance with this public purpose, the Martin Road Development Area Project is intended to accomplish the following objectives: (1) To provide for the expansion of the existing uses and the establishment of new uses which are essential for 4 the economic development and redevelopment of the area. (2) Encourage investment in the residential, commercial, and industrial existing uses and in vacant land in the Martin Road Industrial Area by enhancing the environment and making it more conducive to economic development. Provide incentives to expand existing business and retail, destination retail, and other attractions and attract new retail, destination retail, and other attractions and commercial uses as allowed under Chapter 15A of the Code of Iowa, such as tax abatements, tax rebates, land acquisition, demolition, infrastructure provision, removal, and relocation, loans, grants and/or any other incentives that will result in redevelopment of the Martin Road Industrial Area. (3) (4) Increase employment opportunities for the citizens of Waterloo. (5) Provide the necessary infrastructure, including but not limited to: sanitary sewer, storm sewer, streets, traffic control, parking, skywalks, street amenities, etc., which may be necessary as the area is developed. (6) All objectives of the original plan adopted in 1996 and amendment no.1 adopted in 2004. B. Land Use Plan 1. This Plan is in conformance with the previously adopted Comprehensive Plan for the City of Waterloo. 2. As part of good planning and land use, the following goals are inherent to the realization of Plan objectives: a. Stimulate land uses which will strengthen and complement existing sound land use relationships within the surrounding community. b. Stabilize and increase employment in the area. e. Encourage investment in the area. 5 d. Conserve and enhance the existing community facilities necessary to serve the surrounding area. 3. This Plan is consistent with the Comprehensive Plan in that both strive to: a. Maintain the City's role as a regional center of retail, destination attractions, as well as commerce and industry. b. Assure land uses which will strengthen and complement existing appropriate land use relationships within the surrounding community. c. Encourage sound growth and investment in the area. d. Increase employment in the area by encouraging economic development. e. To provide economic incentives that may increase employment opportunities within the City. C. Project Proposals 1. General Renewal Activities a. The City intends to acquire land or interests in land to facilitate development that is consistent with this Plan and site improvements. b. The City intends to provide public facilities that are needed from time to time such as streets, sanitary sewers, storm sewers, parking, traffic control, streetscape amenities, skywalks, etc. c. The City may make loans or grants to private persons or businesses for economic development and/or redevelopment purposes on such terms as may be determined by the City Council. d. The City may borrow money and provide security therefor. e. The City may establish and enforce controls, standards, and restrictions on land use and buildings. The City may make or have made surveys and plans necessary for the implementation of the urban renewal program and specific urban renewal project activities. 6 g. The City may use tax increment financing to achieve a more marketable and competitive land -offering price, to provide for necessary physical improvements and infrastructure, and to fund other urban renewal project costs. h. The City may use any and all other powers, without limitation, granted by the Iowa Code to develop and provide for improved economic conditions in the City of Waterloo. 2. Land Acquisition and Disposition The City may finance the acquisition of one or more tracts of land in the Project Area for purposes of private development. Other areas may be identified for acquisition in the future for the following purposes: a. To provide sites for needed private and public improvements or facilities or other public purposes, in proper relationship to the projects demand for such facilities and in accordance with accepted criteria for the development of such facilities. b. To assemble land into parcels of adequate size and shape to meet contemporary development needs and standards and to allow new construction to meet the objectives of the plan. c. To acquire any and all interests in any property within the Project Area which in any way dominates or controls usage of other real property proposed to be acquired. The City may make improvements in preparation for redevelopment or transfer of land to private developers. Improvements will be accomplished in accordance with the goals and objectives of this plan and in concern with other actions to ensure timely improvement of the land. The City may advertise and solicit development proposals, may negotiate directly with prospective developers, and may dispose of all or a portion of the property acquired by it for the purpose of redevelopment in accordance with the goals and objects of this plan. The property so disposed of may include vacated right-of-way and other lands under public ownership which are not needed for public purposes. The City may subdivide, vacate, or otherwise change the recorded arrangement of property under its control to accomplish the goals and objectives of this plan. Martin Road Industrial Area Projects a. Infill of Greyhound Drive area. This project includes the development of land within the area bounded by West Ridgeway, Highway 63, and the Leonard Katoski Greenbelt. Preliminary plats and plans have shown varying levels of lots configurations, road systems, etc. to further develop this area. b. Infill of lots along Highway 63 and West Ridgeway Avenue. As the boundaries stretch along Highway 63 from north of Ridgeway to south of Highway 20, all the way to Shaulis. And further from the Leonard Katoski Greenbelt, across Highway 63, to West Ridgeway Avenue in front of United Medical Park, there are several lots along both the Highway 63 Corridor and West Ridgeway Corridor that will require the extension of roads, sewer, water, and other utilities, etc. to serve the growing development area. These lots are excellent infill Iocations that help to create the land use development suitable along a Highway system and arterial roadway system — commercial, industrial, and office development. c. Potential environmental work along corridor. Some project sites along the corridor may have had past uses that may have contamination concerns with future development. The City of Waterloo works to utilize grants from both the EPA and DNR in past area of the community, and will continue to combine such funds with local funds, if necessary, to clear up brownfield and greyfield sites for redevelopment and development. d. Reconstruction of the West Ridgeway roadway portion across Black Hawk Creek. This project includes the review and design of potential alternatives to alleviate the flooding of water over West Ridgeway Avenue during flooding and heavy rains. While some of West Ridgeway was designed to allow this, due to continued development and increases of traffic in the area, staff would work to try and find alternatives to improve this area, to avoid closures of an arterial roadway in the Waterloo street system. e. Connection of Ranchero Road from West 4th Street to Highway 63. This project includes the connection of Ranchero Road from West 4th Street to Highway 63. As the residential development in southern Waterloo continues, and the commercial and industrial development of the Highway 63 Corridor continues, it is imperative to offer transportation alternatives and multiple routes for traffic to flow. This connection will create another alternative for residents to access the Highway Corridor area, visit commercial development sites along that area, as well as work to alleviate traffic congestion at other intersections in this area. With Highway 20 in close proximity, the only alternatives to get from West 4th Street to Highway 63 are at Shaulis Road and West Ridgeway Avenue — approximately 2 miles apart. f. Floodplain improvements along the corridor. This project includes review, design, and construction methods that will work to alleviate flooding concerns as projects are developed throughout the corridor. There are large portions of land within the 100 -year and 500 -year floodplains along this corridor. While floodplain regulations will dictate and require new construction is built to minimize any future flooding damages, there is also larger floodplain issues that potentially need action along corridor. g. Coordination with Iowa Department of Transportation for potential roadway improvements to Highway 63. As the need arises due to continued development, there may be improvements to Highway 63 and the accompanying road system to accommodate traffic movements and volumes. This may include new median cuts, new medians turn lanes, right turn lanes, roadway expansions, acceleration and deceleration lanes along 9 Highway system, widening of other street entrances onto Highway 63 for additional lanes for traffic movements, new curb cuts and/or street connections to Highway 63 throughout the corridor, etc. h. Traffic signalization improvements at major intersections in Corridor. P. This project involves the ongoing evaluation of traffic movements as the area continues, and the potential need for traffic signals at major intersections in the area, including but not limited to: Highway 63 and Shaulis Road, Highway 63 and Cyclone Drive, Highway 63 and Southland Drive, Highway 63 and West Ridgeway Avenue, Highway 63 and Greyhound Drive, and Highway 63 and Highway 20. Acquisition of land throughout corridor for expansion of existing businesses, new business development areas. i. As continued development, redevelopment, and potential reconfiguration of roads continue as development progresses throughout the area, it may be necessary land identified along the corridor and new development areas to become available for additional development or infrastructure needs. The City would work with private developers, property owners, etc. as alternatives would become necessary. Development of a retail and golf oriented commercial development Project. This project will allow George Cooley to construct a new commercial building on land long West Ridgeway Avenue, for new golf oriented commercial development, and accompanying uses. Public Improvements a. Infrastructure such as streets, sewers, parking, streetscape, skywalks, sidewalks, bridge improvements, etc. will be constructed in association with enhancing the new development projects using the local option sales tax for street reconstruction, MPO federal 10 road funds, potential grants, and G.O. bonds which will be paid off with the increased tax increment revenues resulting from private investment in the Martin Road Industrial Area. D. Other Provisions Necessary to Meet State and Local Requirements 1. In accordance with this Development Plan, the City of Waterloo will take whatever action it deems necessary to close, vacate, plan or replan streets, roads, sidewalks, walkways or other places within the Project Area. 2. In the event it is deemed necessary for the successful implementation of the plan to acquire any properties, land acquisition procedures will be in conformance with policies and procedures used in the City's acquisition programs. (Current policy attached as Attachment "E") E. Procedures for Changes in the Plan 1. This plan may be modified at any time provided it is done in accordance with Iowa Code Chapter 403, and the proposed plan modification is approved by the Waterloo Planning, Programming and Zoning Commission and a public hearing is held. F. Relocation 1. All relocation will be carried out in accordance with Iowa Code, Section 403.5(4)(a) (2011); and in the event any properties are acquired and it is necessary to relocate families, individuals or businesses, relocation assistance will be provided by the City's Community Planning and Development Relocation staff. (Current policy attached as Attachment G. Project Funding 1. Capital for Martin Road Industrial Area Improvements In furtherance of the objectives of this Urban Renewal Plan, the City may decide to issue general obligation bonds, tax increment revenue bonds, or other such obligations, or loan agreements for the purpose of making loans or grants of public funds to private businesses located in the Project Area. Alternatively, the City may decide to use available funds for making such loans or grants. 2. Capital for Site Improvements in the Martin Road Industrial Area 11 to make site improvements may be provided by general obligation bonds and paid off with the increased tax increment revenues resulting from private investment in the Crossroads Area. 3. The City of Waterloo has unused bonding capacity of $88,763,037, or 49% from a total available of $181,167,349. (See Attachment "C") IL Project Budget A. Narrative The Martin Road Industrial Plan includes the area as described in Attachment "B". As each project is developed, the City Council may enter into a specific project agreement, which after public hearing will identify the specific financial incentives that may be used on each project. Therefore, a total value on the financial incentives cannot be identified at this time. The following projects will be developed, but specific project budgets cannot be identified as specific locations are not available. However, preliminary budgets for known projects are listed in Attachment "D". 1. Tax rebate program. The property tax assessment base on the real estate where a new development and/or rehabilitation/renovation is completed is frozen. While the frozen amount will be guaranteed to each new taxing jurisdiction, the increased tax revenue resulting from the new development may be rebated annually to the developer for up to ten (10) years, or twenty (20) years for monumental projects. The developer may use these funds in two ways: (1) to pay off private debt incurred in financing the new construction and/or the rehabilitation/renovation of an existing commercial building, or (2) to pay off public improvements (street and/or parking improvements, extension of skywalks, etc.) associated with enhancing the new development and/or the total rehabilitation/renovation project. A specific project agreement will be required for each project. The taxable value must be increased by a minimum of 10% and increase the annual tax by a minimum of $500.00. This program is not applicable to the Self Supported Municipal Improvement District levy, other special tax assessments, the debt service levy or any other levy exempted from treatment as tax increment financing under applicable law. 12 assessments, the debt service levy or any other levy exempted from treatment as tax increment financing under applicable law. 2. Project loans and/or grants. 3. Infrastructure such as streets, sewers, parking, streetscape, bridge improvements, skywalks, sidewalks, etc. B. Loans or Grants The making of loans or grants of public funds to private businesses within the Project Area may be deemed necessary or appropriate for economic development purposes (as defined in Chapter 15A of the Code) and to aid in the planning, undertaking, and carrying out of urban renewal project activities authorized under this Urban Renewal Plan and the Code. In furtherance of the objectives under this Urban Renewal Plan, the City may determine to issue general obligation bonds, tax increment revenue bonds or other such obligations, or loan agreements for the purpose of making loans or grants funds to private businesses located in the Project Area. Alternatively, the City may determine to use available funds for making such loans or grants. C. Tax Increment Financing The City intends to utilize tax increment financing as a means to help pay for the costs associated with the development of the Project Area. General obligation bonds, tax increment revenue bonds or other such obligations or loan agreements may be issued by the City. The tax increment reimbursement may be sought for, among other things, the following costs (if and to the extent incurred by the City): 1. The construction of public improvements, such as streets, sanitary sewers, sewage treatment lagoons, storm sewers, bridge improvements, parking facilities, water mains or sidewalks; 2. The acquisition of land and preparation of same for sale to private developers or for public purposes or public improvements; 3. The making of loans or grants to private businesses under Chapter 15A or Chapter 403 of the Code, including debt service payments on any bonds or notes issued to finance such loans or grants; or 4. Providing the local matching share of HQJC, RISE, MPO, or other state, federal, or local grants and loan programs. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15A, Chapter 260E, 13 Chapter 384, Chapter 403, Chapter 404, Chapter 472B, or any other provision of the Code in furtherance of the objectives of this Urban Renewal Plan. III. Legal Data - Attachments See Attachments A -L. 14 Area ea TIE. s��.. '� p answ, .end Existing T.I.F. District Boundary Proposed tviartin Road TIF Expansion Attachment "B" Legal Description Martin Road Development Area TIF District —2014 Expansion Area Beginning at the intersection of the North line of the Southeast 1/4 of the Southwest 1/4 of Section 33, Township 89 North, Range 13 West and the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Road); thence Southwesterly along said right-of-way to its intersection with the West line of the Southeast 1/4 of the Southwest 1/4 of said Section 33; thence South 89°50'15" East a distance of 432.65'; thence South 1°40'30" East to the South line of said Section; thence East along said South line to the Southeast corner of the Southeast 1/4 of the Southwest 1/4 of said Section 33; thence North along the East line of said Southeast 1/4 of the Southwest 1/4 of Section 33 to the Northeast corner of the said Southeast 1/4 of the Southwest 1/4 of Section 33; thence West along the North line of said Southeast 1/4 of the Southwest 1/4 of Section 33 to the point of beginning; And also; Beginning at a point on the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned) that is South 35°31'30" West 850.21 feet from a point on said Northwesterly right-of-way line that intersects the North line of the Southwest 1/4 of the Southeast 1/4 of Section 6, Township 88, Range 13; thence South to the centerline of U.S. Highway 20 as presently established; thence Southeasterly along the centerline of U.S. Highway 20 as presently established to its intersection with the East line of Section 7, Township 88 North, Range 13 West; thence Southerly along the East line of said Section 7 to a point that is 745.6 feet South of the Northeast corner of said Section 7; thence West 70.6 feet; thence South 419.6 feet; thence Southerly 265.5 feet along a 407.5' radius curve concave Westerly having a chord bearing South 18°40' West 260.8 feet; thence South 37°20' West 149.5 feet; thence North 52°17.5' West 643.0 feet; thence South 37°42' West 450 feet; thence continuing South 37°42' West to the Southeasterly most corner of the following described parcel; the North 17.06 acres of the South '4 of the Northeast 1/4 of Section 7, Township 88 North, Range 13 West located West of road, and except that part of Timberline Patio Homes plat bounded as follows: commencing at a point on the centerline of West 4th Street which is 626.32 feet Southwest of the intersection of said centerline with the East line of said Section 7, thence North 89°30' West 881.76 feet, thence North 37°21'30" East 837.49 feet, thence South 52°38'30" East 710 feet, thence Southwesterly along the centerline of West 4th Street to the point of beginning, and except Highway, and except that part of the Northeast 1/4 of said Section 7 described as follows: beginning at a point on the West line of said Northeast '/4 which is 1,218 feet South of the Northwest corner of said Northeast 1/4, thence North 78°47'45" East 208.37 feet, thence South 35°6'15" West 352.10 feet to the West line of said Northeast 1/4, thence Northwest to the point of beginning, and except that part platted as Ekho Ridge Addition; thence Northwesterly along the Southwesterly line of said described parcel to its intersection with the West line of the Northeast' of said Section 7; thence Southerly along the West line of the Northeast '/4 of said Section 7 to the center of said Section 7 ; thence South 89°46'50" West 99.19 feet along the North line of the Southwest '/4 of said Section 7; thence South 665.54 feet to the Westerly most corner of Lot 3 of Nottingham Heights Addition; thence Westerly along the South line of the North '/2 of the North '/2 of the Southwest 1/4 of said Section 7 to the Northeast corner of Lot C-1 of Southland Park Third Addition; thence Southeasterly along the Northeasterly line of said Lot C-1 to the Easterly most corner of said Lot C-1; thence southwesterly along the Southeasterly line of said Lot C-1 and an extension of the Southeasterly line of said Lot C-1 to the centerline of Charm Drive; thence Northwesterly, Westerly, and Southwesterly along the Centerline of Charm Drive to its intersection with a point on the Southwest line of Southland Park 4th Addition; thence Northwesterly and Northeasterly following the Southwesterly lines of Southland Park 4tt, Addition to the Southerly most corner of Lot C-8 of said addition; thence Northwesterly along the Southwesterly line of said Lot C-8 to the Westerly most corner of said Lot C-8; thence Southwesterly along the Southeasterly right-of- way line of U.S. Highway 63 to the Northerly most corner of the following described parcel: Unplatted Waterloo West, a part of the Southwest 1/4 of Section 7, Township 88 North, Range 13 West, beginning at a point on the West line of said Section 7 which is 1,066.45 feet North of the Southwest corner of said Section 7, thence North 36°2' East 44 feet, thence South 53°58' East 5-0 _ee ,thence South 3 -6'22 -West 34et, thenc rth 53°58' e t 28T l-7 feet to the West line of said Section 7, thence North 370.98 feet to the point of beginning; thence Southeasterly along the Northeasterly line of said described parcel to the Easterly most corner of said described parcel; thence Southwesterly along the Southeasterly line of said described parcel to the Southerly most corner of said described parcel; thence South 53°58' East a distance of 10759'; thence South 35°1.6'20" West a distance of 139.64'; thence Southwesterly in a straight'ine to a point on the West line of said Section 7 that is 33 feet North of the Southwest corner of said Section 7; thence South 33' to the Southwest corner of said Section 7; thence Westerly along the South line of Section 12 of Township 88 North, Range 14 West to the intersection of the South line of said Section 12 and a line 1,000' Northwesterly of and parallel to the Northwesterly right- of-way line of the Chicago Great Western Railroad (now abandoned); thence Northeasterly 935 feet along said parallel line; thence Southeasterly at a right angle 500 feet; thence Northeasterly at a right angle 878.6 feet; thence Northwesterly at a right angle to the North line of the South '/z of the Southeast 1/4 of said Section 12; thence continuing Northwesterly along the last bearing to the intersection with a line 1,000' Northwesterly of and parallel to the Northwesterly right-of- way line of the Chicago Great Western Railroad (now abandoned); thence Northeasterly along said parallel line to its intersection with the Northeasterly right-of-way line of the Cedar Falls Branch Line of the C NW Transportation Co (now abandoned); thence Northwesterly along said Northeasterly right-of-way line to its intersection with the North line of the Northeast '/4 of the Southeast 1/4 of Section 12, Township 88 North, Range 14 West; thence East along said North line and the North line of the Northwest'' /4 of the Southwest 1/4 of Section 7, Township 88 North, Range 13 West to its intersection with the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned); thence Northeasterly along said Northwesterly right-of-way line to the centerline of Ranchero Road as presently established; thence Northwesterly and. Westerly along said centerline of Ranchero Road to the Southwest corner of Section 6, Township 88 North, Range 13 West; thence Northerly along the West line of said Section 6 to the Northwest corner of the Southwest fractional 1/4 of the Southwest fractional 1/4 of said Section 6; thence North 89°42'54" East a distance of 818.14 feet; thence South 06°19'51" West a distance of 32.15 feet; thence South 77°34'36" East a distance of 835.86 feet; thence Easterly 637.85 feet along a 7,789.65 foot radius curve, concave Southerly, having a chord bearing South 75°14'03" East 637.67 feet; thence South 72°26'10" East 1005.02' to the point of beginning. Attachment C City of Waterloo, Iowa Black Hawk County, Iowa Study of Bonding Capacity as of June 30, 2013 2013 Levy Year January 1, 2013 Actual Gross Assessed Valuation $3,623,346,971 Legal Bonding Rate 5% Legal Bonding Limit $181,167,349 49.00% of Bonding Capacity Less Outstanding G.O. Debt $92,404,312 Unused Gross Bonding Capacity $88,763,037 Attachment Preliminary Project Budget Infill of Greyhound Drive area EXPENSES Construction $4,500,000 Architectural & Engineering Fees $300,000 Construction Administration $200,000 TOTAL $5,000,000 FUNDING City (Local Option, GO Bonds) $1,800,000 City TIF $1,200,000 Federal/State (MPO, RISE) $2,000,000 TOTAL $5,000,000 Infill of Lots along Highway 63 and West Ridgeway Avenue EXPENSES Acquisition $1,800,000 Construction $2,000,000 Engineering Fees $240,000 Construction Administration $80,000 TOTAL $4,120,000 FUNDING City (Local Option, G.O. Bonds) $1,000,000 City TIF $1,800,000 Federal/State (MPO, RISE) $1,320,000 TOTAL $4,120,000 Potential environmental work along corridor EXPENSES r Assessments $200,000 Cleanup $600,000 TOTAL $800,000 18 FUNDING City (G.0. Bonds, TIF funds) Federal/ State (EPA, DNR) TOTAL $100,000 $700,000 $800,000 Coordination with [DOT for potential roadway improvements to Highway 63 EXPENSES Construction $1,300,000 Engineering $200,000 Construction Administration $100,000 TOTAL $1,600,000 FUNDING City (Local Option, G.O. Bonds) State (RISE) TOTAL $800,000 $800,000 $1,600,000 Reconstruction of West Ridgeway roadway portion across Black Hawk Creek EXPENSES Acquisition $200,000 Construction $6,000,000 Engineering Fees $300,000 Construction Administration $200,000 TOTAL $6,700,000 FUNDING City (Local Option, G.O. Bonds) _ $3,350,000 State (RISE) $3,350,000 TOTAL $6,700,000 Traffic signalization improvements at major intersections in Corridor EXPENSES Acquisition/purchase $900,000 Construction $600,000 Engineering Fees $50,000 Construction Administration $50,000 TOTAL $1,600,000 19 FUNDING State (RISE) $600,000 City (Local option, G.O. Bonds) $600,000 Federal (MPO) $400,000 TOTAL $1,600,000 Acquisition of land throughout corridor for expansion of existing businesses, new business development areas EXPENSES Acquisition/purchase TOTAL FUNDING $900,000 $900,000 City (G.O. Bonds, TIF funds) TOTAL Public Improvements EXPENSES $900,000 $900,000 Acquisition $200,000 Construction 1,000,000 Engineering fees $100,000 Construction Administration $100,000 TOTAL $1,400,000 FUNDING City (TIF, G.O. Bonds) $500,000 Federal/State (grants, RISE, MPO) $900,000 TOTAL $1,400,000 TOTAL EXPENSES Infill of Greyhound Drive area $5,000,000 Infill of Lots along Highway 63 and West Ridgeway Avenue $4,120,000 Potential environmental work along corridor $800,000 Coordination with IDOT for potential roadway improvements to Highway 63 $1,600,000 Reconstruction of West Ridgeway roadway portion across Black Hawk Creek $6,700,000 20 Traffic signalization improvements at major intersections in Corridor $1,600,000 Acquisition of land throughout corridor for expansion of existing businesses, new business development areas $900,000 Public Improvements $1,400,000 TOTAL $22,120,000 21 Attachment CITY OF WATERLOO, ;OWA ACQUISITION CHECK LIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo — Appraisers then inspect each property and make a written appraisal report on each property affected by the project. The appraisal report will estimate the current market value of the land and improvements to be purchased by the City of Waterloo, plus any reduction in the value of remaining property should its value be adversely affected. The appraiser will contact the property owner for permission to inspect and study the property. The appraiser will interview the landowner to get information about he use and operation of the property to be purchased by the City of Waterloo. 3. The appraiser's report will be reviewed by qualified review appraisers for the City of Waterloo. 4. The property owner will then be contacted by an Acquisition Agent from the City of Waterloo to present the property owner with an "offer to purchase". This dollar amount is offered as just compensation for property being purchased by the City of Waterloo. 5. After agreement is reached, a contract is approved and signed by the City. Where title conditions permit; a partial payment of the purchase price can also be made available per the teem of the contract. 6. Reasonable time will be allowed for the occupant to vacate property purchased. Occupant will not be required to move sooner than ninety (90) days from the date the City makes the first offer to acquire the property. 7. Written notice specifying the date the property must be vacated will be given at least thirty (30) days prior to the required vacation date. The thirty (30) day notice will not be issued until payment by the City is received as agreed, or the money has been deposited by the City as prescribed by law. 8. The City Acquisition Agent will arrange payment at the earliest possible date. 9. If the City's acquisition offer is rejected, fair market value will be determined in the course of eminent domain proceedings (commonly referred to as condemnation). 22 Attachment F CITY OF WATERLOO, IOWA RELOCATION CHECK LIST 1. City of Waterloo personnel determine property owners affected by the project. 2. City of Waterloo Relocation Agent will contact family/occupant to determine the amount of eligible relocation benefits such as: a. Actual reasonable expenses as a result of moving (based upon two (2) quotations from movers approved by City of Waterloo). 3. To be eligible for assistance, occupant must not move until negotiations have started on the acquisition of the property without jeopardizing eligibility for moving cost payments. 4. if dissatisfied with the determination of the amount of payment offered under the Relocation Assistance Program, displaces may have the application reviewed by: a. Sending a written statement requesting the review and outlining the items in dispute to the Community Planning & Development Director, Community Planning and Development Department, City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 b. Stating the amount or amounts being claimed, if any, and including documentation and reasons why dissatisfied with the amount offered. 5. Upon receipt of your claim application, the Community Planning & Development Director will appoint a review board and notify you when and where a hearing.will be held. The review board will recommend a decision on your claim to the City of Waterloo. The Relocation Agent will notify you in writing of the City of Waterloo's decision within one (1) week. 23 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward .1 CAROLVN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN lam. HART ward 4 RON WELPER Ward 5 TOM LIND Ar --Large STEVE SCHIvIITT At -Large T3� Atuatt a PL.ANNINC3 At D D - ELO? `E 715 Mulberry Street . Waterloo, Iowa 50703-5783 ® (319) 291-4366 Fax (319) 291-4262 NOEL ANDERSON, Community Planning & Development Director Memorandum O: TJ Koenigsfeld, Black Hawk County Assessor Linda Allen, President, Hawkeye Community College Craig White, Chairperson, Black Hawk County Board of Supervisors Jane Lindaman, Superintendent, Waterloo Community Schools Michelle Temeyer, Black Hawk County Extension Service David Schmitt, Iowa Dept. of Agriculture FROM: DATE: August 15, 2014 RE: Noel Anderson, Community Planning & Development Director Consultation Meeting for Amendment to the Martin Road Development Plan and TIF District. There will be a consultation to discuss the proposed amendment to the Martin Road Development Plan. The Plan is being amended to allow the tax increment financing area to capture the future development in the expansion area shown on the attached map. The meeting will be held on Friday. August 29, 2014 in the Mollenhoff Conference Room located on the second floor of City Hall, 715 Mulberry Street, and will commence at 2:00 p.m. Enclosed is a copy of the plan for your review. Please let me know if you have any questions. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Attachment "H" CONSULTATION MEETING WITH THE CITY OF WATERLOO AND TAXING ENTITIES REGARDING THE IE _ TIN ROAD DEVELOPMENT PLAN August 29, 2014, 2:00 p.m. Frank Mollenhoff Conference Room, City Hall, 715 Mulberry Street. The following representatives of taxing entities were invited to the meeting: T.J. Koenigsfeld—Black Hawk County Assessor; Dr. Linda Allen—Hawkeye Community College; Craig White Chair, Black Hawk County Board of Supervisors; Jane Lindaman—Superintendent, Waterloo Community Schools; Michelle Temeyer—Black Hawk County Extension Service; David Schmitt—Iowa Department of Agriculture. The following attended the meeting: Noel Anderson and Shane Graham City of Waterloo Planning Depa1 tinent, Linda Laylin—Black Hawk County Board of Supervisors. The City of Waterloo held the consultation meeting for taxing entities. Anderson noted that the proposed expansion is intended to encourage the redevelopment and continued development of the Martin Road area, including public improvements. The purpose of the plan and TIF district is to increase the tax base and employment opportunities in the City of Waterloo. The proposed expansion would include the golf center on West Ridgeway Avenue, as well as properties along both sides of U.S. Highway 63, south of U.S. Highway 20 to West Shaulis Road. Anderson noted that Iowa Code Chapter 403 governed the establishment of Urban Renewal areas, and that section 403.5 provided for a consultation withthe taxing entities and indicates that the designated representative of the affected taxing entity may make written recommendations for modification to the proposed division of revenue no later than seven days following the date of the consultation. Meeting concluded at 2:53 p.m. Respectfully Submitted, Shane Graham, Planner II Consultation Meeting Notes 08-29-14.docx pg I Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-824 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE PROPOSED EXPANSION OF THE MARTIN ROAD DEVELOPMENT PLAN TAX INCREMENT FINANCING (TIF) DISTRICT, AS SEPTEMBER 22, 2014, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet in the Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 22nd day of September, 2014, for the purpose of considering and acting upon the proposed expansion of the Martin Road Development Plan Tax Increment Financing (TIF) District, and legally described as follows: Current Area Beginning at the point of intersection of the centerline of U.S. Highway 63 (Sergeant Rd.) and the North line of the Southeast k of the Southwest k of Section 33, Township 89 North, Range 13 West of the 5th P.M., thence East along the North line of said Southeast '41 of the Southwest of said Section to the Southeasterly right-of-way line of U.S. Highway 63 (Sergeant Rd.), thence Southwesterly along said right- of-way to its intersection with the West line of the Southeast k of the Southwest 'I of said Section, thence South 89° 50' 15" East a distance of 432.65', thence South 1"40'30" East to the South line of said Section, thence West along said South line to the point where it would intersect the Northerly extension of the East line of Tract A of Kingswood Second Addition to Waterloo, thence South along the extension of the East line of Tract A to the Northwest corner of Lot 15 Kingswood First Addition, said point also being a point on the Easterly line of Lot 6 of South Waterloo Commercial Park, thence Southeasterly following the Easterly line of said Lot 6 to the most Southeasterly corner of said lot, thence Southwesterly and Westerly along the South line of said lot to an angle point on the South line of said Lot 6, which is also a point on the West line of Section 5, Township 88 North, Range 13 West, thence South along the West line of said Section to the North line of the Southeast k of the Southeast k of Section 6, Township 88 North, Range 13 West, thence West along the North line of the Southeast k of the Southeast 4 and the North line of the Southwest k of the Southeast k to a point on the Northwesterly right- of-way line of the Chicago Great Western Railroad (now abandoned), thence South 35°31'30" West 850.21 feet along said line, thence North 72°26'10" West 1005.02 feet, thence Westerly 637.85 feet along a 7,789.65 foot radius curve, concave Southerly, having a chord bearing North 75°14'03" West 637.67 feet, thence North Resolution No. 2014-824 Page 2 77'34'36" West 835.86 feet, thence North 06°19'51" East 32.15 feet to the South line of the Northwest k of the Southwest k of said Section 6, thence East along said line to the West line of the Northeast k of the Southwest k of said Section, thence North along the West line of the Northeast k of the Southwest k to the North line of the Northeast k of the Southwest 4 of said Section, thence East along said North line to a point on the East line of the West 440 feet of the East one-half of the Northwest fractional i said Section, thence North along the East line of the West 440 feet of the East one-half of the Northwest fractional k to the North line of said Section 6, thence East along the North line of said Section 6, which is also the South line of Section 32, Township 89 North, Range 13 West, to the West line of the East 475 feet of the Southwest k of the Southeast k of said Section 32, thence North 790 feet along said West line, thence East 475 feet to the West line of the Southeast k of the Southeast '4 of said Section, thence North along the West line of the Southeast k of the Southeast k to the Southwest corner of the Northeast k of the Southeast 'i said Section 32, thence Northeasterly to a point that is 990 feet East of and 675 feet North of the Southwest corner of the Northeast k of the Southeast k of said Section, thence Northeasterly to a point on the East line of Section 32 that is 420 feet South of the Northeast corner of the Southeast k of said Section, thence South along the East line of Section 32 to its intersection with the Northerly right-of-way line of Martin Road, thence Northeasterly and Easterly along said right-of-way, and an extension thereof, to the centerline of U.S. Highway 63 (Sergeant Rd.), thence Southerly along said centerline to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa; And also; Proposed Addition Beginning at the intersection of the North line of the Southeast k of the Southwest k of Section 33, Township 89 North, Range 13 West and the Southeasterly right-of- way line of U.S. Highway 63 (Sergeant Road); thence Southwesterly along said right-of-way to its intersection with the West line of the Southeast k of the Southwest k of said Section 33; thence South 89°50'15" East a distance of 432.65'; thence South 1°40'30" East to the South line of said Section; thence East along said South line to the Southeast corner of the Southeast k of the Southwest k of said Section 33; thence North along the East line of said Southeast k of the Southwest k of Section 33 to the Northeast corner of the said Southeast k of the Southwest k of Section 33; thence West along the North line of said Southeast of the Southwest k of Section 33 to the point of beginning; And also; Proposed Addition Beginning at a point on the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned) that is South 35°31'30" West 850.21 feet from a point on said Northwesterly right-of-way line Resolution No. 2014-824 Page 3 that intersects the North line of the Southwest '! of the Southeast 4 of Section 6, Township 88, Range 13; thence South to the centerline of U.S. Highway 20 as presently established; thence Southeasterly along the centerline of U.S. Highway 20 as presently established to its intersection with the East line of Section 7, Township 88 North, Range 13 West; thence Southerly along the East line of said Section 7 to a point that is 745.6 feet South of the Northeast corner of said Section 7; thence West 70.6 feet; thence South 419.6 feet; thence Southerly 265.5 feet along a 407.5' radius curve concave Westerly having a chord bearing South 18°40' West 260.8 feet; thence South 37°20' West 149.5 feet; thence North 52°17.5' West 643.0 feet; thence South 37°42' West 450 feet; thence continuing South 37°42' West to the Southeasterly most corner of the following described parcel; the North 17.06 acres of the South of the Northeast k of Section 7, Township 88 North, Range 13 West located West of road, and except that part of Timberline Patio Homes plat bounded as follows: commencing at a point on the centerline of West 4th Street which is 626.32 feet Southwest of the intersection of said centerline with the East line of said Section 7, thence North 89°30' West 881.76 feet, thence North 37°21'30" East 837.49 feet, thence South 52.°38'30" East 710 feet, thence Southwesterly along the centerline of West 4th Street to the point of beginning, and except Highway, and except that part of the Northeast k of said Section 7 described as follows: beginning at a point on the West line of said Northeast k which is 1,218 feet South of the Northwest corner of said Northeast k, thence North 78°47'45" East 208.37 feet, thence South 35°6'15" West 352.10 feet to the West line of said Northeast k, thence Northwest to the point of beginning, and except that part platted as Ekho Ridge Addition; thence Northwesterly along the Southwesterly line of said described parcel to its intersection with the West line of the Northeast k of said Section 7; thence Southerly along the West line of the Northeast k of said Section 7 to the center of said Section 7; thence South 89°46'50" West 99.19 feet along the North line of the Southwest k of said Section 7; thence South 665.54 feet to the Westerly most corner of Lot 3 of Nottingham Heights Addition; thence Westerly along the South line of the North of the North ' of the Southwest i of said Section 7 to the Northeast corner of Lot C-1 of Southland Park Third Addition; thence Southeasterly along the Northeasterly line of said Lot C-1 to the Easterly most corner of said Lot C- 1; thence southwesterly along the Southeasterly line of said Lot C-1 and an extension of the Southeasterly line of said Lot C-1 to the centerline of Charm Drive; thence Northwesterly, Westerly, and Southwesterly along the Centerline of Charm Drive to its intersection with a point on the Southwest line of Southland Park 4th Addition; thence Northwesterly and Northeasterly following the Southwesterly lines of Southland Park 4th Addition to the Southerly most corner of Lot C-8 of said addition; thence Northwesterly along the Southwesterly line of said Lot C-8 to the Westerly most corner of said Lot C-8; thence Southwesterly along the Southeasterly right-of-way line of U.S. Highway 63 to the Northerly most corner of the following described parcel: Unplatted Waterloo West, a part of the Southwest k of Section 7, Township 88 North, Range 13 West, beginning at a point on the West line of said Resolution No. 2014-824 Page 4 Section 7 which is 1,066.45 feet North of the Southwest corner of said Section 7, thence North 36°2' East 44 feet, thence South 53°58' East 500 feet, thence South 36°2' West 344 feet, thence North 53°58' West 281.77 feet to the West line of said Section 7, thence North 370.98 feet to the point of beginning; thence Southeasterly along the Northeasterly line of said described parcel to the Easterly most corner of said described parcel; thence Southwesterly along the Southeasterly line of said described parcel to the Southerly most corner of said described parcel; thence South 53°58' East a distance of 107.59'; thence South 35°16'20" West a distance of 139.64'; thence Southwesterly in a straight line to a point on the West line of said Section 7 that is 33 feet North of the Southwest corner of said Section 7; thence South 33' to the Southwest corner of said Section 7; thence Westerly along the South line of Section 12 of Township 88 North, Range 14 West to the intersection of the South line of said Section 12 and a line 1,000' Northwesterly of and parallel to the Northwesterly right -of- way line of the Chicago Great Western Railroad (now abandoned); thence Northeasterly 935 feet along said parallel line; thence Southeasterly at a right angle 500 feet; thence Northeasterly at a right angle 878.6 feet; thence Northwesterly at a right angle to the North line of the South ' of the Southeast k of said Section 12; thence continuing Northwesterly along the last bearing to the intersection with a line 1,000' Northwesterly of and parallel to the Northwesterly right-of-way line of the Chicago Great Western Railroad (now abandoned); thence Northeasterly along said parallel line to its intersection with the Northeasterly right-of-way line of the Cedar Falls Branch Line of the CNW Transportation Co. (now abandoned); thence Northwesterly along said Northeasterly right-of-way line to its intersection with the North line of the Northeast k of the Southeast k of Section 12, Township 88 North, Range 14 West; thence East along said North line and the North line of the Northwest k of the Southwest k of Section 7, Township 88 North, Range 13 West to its intersection with the Northwesterly right- of-way line of the Chicago Great Western Railroad (now abandoned); thence Northeasterly along said Northwesterly right-of-way line to the centerline of Ranchero Road as presently established; thence Northwesterly and Westerly along said centerline of Ranchero Road to the Southwest corner of Section 6, Township 88 North, Range 13 West; thence Northerly along the West line of said Section 6 to the Northwest corner of the Southwest fractional k of the Southwest fractional k of said Section 6; thence North 89°42'54" East a distance of 818.14 feet; thence South 06°19'51" West a distance of 32.15 feet; thence South 77°34'36" East a distance of 835.86 feet; thence Easterly 637.85 feet along a 7,789.65 foot radius curve, concave Southerly, having a chord bearing South 75°14'03" East 637.67 feet; thence South 72°26'10" East 1005.02' to the point of beginning. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. Resolution No. 2014-824 Page 5 PASSED AND ADOPTED this 15th da of September, 2014. E nest G. Clark, Mayor ATTEST: C Suzy ScYi. - , CMC City Clerk L CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 Council Communication City Council Meeting: September 15, 2014 Prepared: September 10, 2014 Dept. Head Signature: # of Attachments: fil- 144/ilf SUBJECT: Request by the City of Waterloo to vacate a dead end portion of West 17th Street north of Black Hawk Street and West of 18th Street. Submitted by: Noel Anderson, Director Recommended City Council Action: Approval of the request by the City of Waterloo to vacate a dead end portion of West 17th north of Black Hawk Street and West of 18th Street. Summary Statement The request to vacate the remaining southerly portion of the platted 17th street will make additional property available for future commercial development. The city is actively working to purchase 1827 Black Hawk Street to demolish to make more room available for redevelopment. The city also owns 1823 Black Hawk Street that will be demolished and made available for redevelopment. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Un -needed excess right-of-way Alternative: N/A Legal Description: See attached cc: Noel Anderson, Community Planning 6t Development Director CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Exhibit "A" Legal Description- West 17th Street Vacate That part of West 17th Street located lying Northeasterly of a line drawn between the Southerly most corner of Lot 10, Block 16, Hayes Addition and the Westerly most corner of Lot 6, Block 15, Hayes Addition, and lying Southwesterly of a line drawn between the Southerly corner of Lot 1, Block 16, Hayes Addition and the Westerly most corner of Lot 5, Block 15, Hayes Addition, City of Waterloo, Black Hawk County, Iowa. Subject to the retention of a utility easement over, under and upon all. REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: November 5, 2013 Request by the City of Waterloo to vacate a dead end portion of West 17th south of Black Hawk Street and West of Vinton Street. City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703 Request to vacate the 10,000 SF portion of dead end 17th Street between 1827 and 1907 Black Hawk Streets. The request to vacate the unused dead end portion of 17th Street would not appear to have a negative impact on the surrounding neighborhood. The request to vacate the dead end portion 17th Street would not appear to have a negative impact on vehicular or pedestrian traffic. The area was platted as a public street, hut has never been utilized. There are no recreational trails in the area of the request. The site has been zoned "M-1" One and Two Family Residence District since adoption of Zoning Ordinance No. 2479 in 1969. The request would not require any buffering by ordinance standards. The proposed vacate of the Street would not have an adverse impact on drainage in the area. The area to be vacated is a portion of street that was platted that was never used and is mostly grass. This area is not located within a special flood hazard area according to the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map. Lowell Elementary is located to the north approximately 1.5 miles. There is a 36" storm sewer located within the area to be vacated. Therefore an easement will have to be retained over the entire area. There is also overhead electric in the area to be vacated. The Future Land Use Map designates the area as Industrial, and this request would be in compliance with such designation. The site is located within the Primary Growth Vacate -Alley adjacent to Baltimore Field west of Baltimore Street Page 1 of 2 STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSES — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: November 5, 2013 Area as designated on the Growth Area Map within the Comprehensive Plan. The request to vacate the remaining southerly portion of the platted 17th street will make additional property available for future commercial development. The city is actively working to purchase 1827 Black Hawk Street to demolish to make more room available for redevelopment. The city also owns 1823 Black Hawk Street that will be demolished and made available for redevelopment. There would be no platting required in relation to the request. Therefore, staff recommends the request to vacate 4,368 SF of the unused platted alley be approved for the following reasons: 1. The request to vacate would not appear to have a negative impact on the surrounding area 2. The request to vacate would not appear to have a negative impact on vehicular or pedestrian traffic in the area. 3. The request to vacate is in accordance with the Comprehensive Plan and Future Land Use Map for this area 4. The request would appear to meet the requirements of the Zoning Ordinance. 5. The request would appear to create an additional 16' buffer from future development to the west. Subject to: 1. There is a utility easement placed over the entire area to be vacated. Vacate -Alley adjacent to Baltimore Field west of Baltimore Street Page 2 of 2 City of Waterloo Planning, Programming and Zoning Commission November 5, 2013 W 17th Street and Black Hawk Street Vacate Request City of Waterloo Vacate of a Portion of W 17th Street, North of Black Hawk Street Looking at right-of-way area to be vacated. Looking south at an existing mini -storage facility. Looking north at an existing residence. Looking west along the existing roadway of W 17th Street south of Black Hawk Street that will not be vacated. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-825 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE VACATION OF A DEAD END PORTION OF WEST 17TH STREET NORTH OF BLACK HAWK STREET AND WEST OF 18TH STREET, AS OCTOBER 6, 2014, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet in the Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 6th day of October, 2014, for the purpose of considering and acting upon a proposal to vacate a dead end portion of West 17th Street north of Black Hawk Street and West of 18th Street, for the purpose of making additional property available for future commercial development, and legally described as follows: That part of West 17th Street located lying Northeasterly of a line drawn between the Southerly most corner of Lot 10, Block 16, Hayes Addition and the Westerly most corner of Lot 6, Block 15, Hayes Addition, and lying Southwesterly of a line drawn between the Southerly corner of Lot 1, Block 16, Hayes Addition and the Westerly most corner of Lot 5, Block 15, Hayes Addition, City of Waterloo, Black Hawk County, Iowa. Subject to the retention of a utility easement over, under and upon all. 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 15th day of September, 2014. ATTEST: Suzy Sch:res, CMC City Clerk nest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: September 15, 2014 Prepared: September 10 014�J c Dept. Head Signature: / /t02/U�� # of Attachments: SUBJECT: Ordinance Change — No Parking — Pick Up and Drop Off Only 300 Jefferson Street Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: To adopt an ordinance for No Parking —Pick Up and Drop Off Only — 300 Jefferson St. in front of Cedar Valley Sportsplex Summary Statement: A designated area is needed for users of the Sportsplex to be picked up and dropped off. Expenditure Required Source of Funds Policy Issue Alternative Background Information: A request was made by Leisure Services personnel for a designated zone for pick up and drop off. An ordinance change is needed for this. ORDINANCE NO. AN ORDINANCE CREATING A NEW SECTION, NAMELY SEC. 548A, NO PARKING — PICK UP AND DROP OFF ONLY, 300 JEFFERSON STREET, OF THE 2008 TRAFFIC CODE. ADDING (1) 300 JEFFERSON STREET-- SECTION 5484A, NO PARKING — PICK UP AND DROP OFF ONLY, AS FOLLOWS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (1), 300 Jefferson Street, Section 548A, NO PARKING—PICK UP AND DROP OFF ONLY of the 2008 Iowa Traffic Code, shall read as follows: (1) 300 Jefferson Street Pick up and Drop Off Only (in front of Cedar Valley Sportsplex). PASSED AND ADOPTED by the City Council this day of September, 2014, approved by the Mayor this day of September. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5237 AN ORDINANCE CREATING A NEW SECTION, NAMELY SECTION 548A, NO PARKING - PICK UP AND DROP OFF ONLY, 300 JEFFERSON STREET, OF THE 2008 TRAFFIC CODE. ADDING (1) 300 JEFFERSON STREET OF SECTION 584A, NO PARKING - PICK UP AND DROP OFF ONLY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Subsection (1) 300 Jefferson Street of Section 548A, No Parking - Pick Up and Drop Off Only, of the 2008 Traffic Code shall read as follows: (1) 300 Jefferson Street INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: Pick up and drop off only (in front of Cedar Valley SportsPlex. September 15, 2014 September 15, 2014 September 15, 2014 September 15, 2014 PASSED AND ADOPTED this 15th day of September, 2014. ATTEST: myest G. Cl"ark, Mayor Suzy Scha es, CMC City Cler CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5237 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 15th day of September, 2014. Witness my hand and seal of office this 15th day of September , 2014. y Sch res CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5237 AN ORDINANCE CREATING A NEW SECTION, NAMELY SECTION 548A, NO PARKING - PICK UP AND DROP OFF ONLY, 300 JEFFERSON STREET, OF THE 2008 TRAFFIC CODE. ADDING (1) 300 JEFFERSON STREET OF SECTION 584A, NO PARKING - PICK UP AND DROP OFF ONLY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Subsection (1) 300 Jefferson Street of Section 548A, No Parking - Pick Up and Drop Off Only, of the 2008 Traffic Code shall read as follows: (1) 300 Jefferson Street INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: Pick up and drop off only (in front of Cedar Valley SportsPlex. September 15, 2014 September 15, 2014 September 15, 2014 September 15, 2014 PASSED AND ADOPTED this 15th day of September, 2014. ATTEST: Suzy Scha es, CMC City Cler r'1 est G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5237 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 15th day of September, 2014. Witness my hand and seal of office this 15th day of September , 2014. City Clerk STATE OF IOWA, } Black Hawk County, SS ORDINANCE NO. AN ORDINANCE CREAT NGS A NEW SECTION, NAMELY SECTION 548A, NO PARKIFF ONLY,300JEFFERSON STREG — PICK UP AND ET, P OF THE 2008 TRAFFIC CODE. ADDING (1) 300 JEFFERSON STREET OF SECTION 584A, NO PARKING — BICKITP AND DROP ORDAINED OFF BYONLY. THE CITY COUJRCff\QE THE CITY OF WATER- LOO, IOWA: --- That Subsection (1) 3-0t7.1e-ffrin Street of Section 548A, No Parking — Pick Up and Drop Off Only, of the 2008 Traffic Code shall read as follows: (1) 300 Jefferson Street Pick up and drop off only (in front of Cedar Valley SportsPlex. INTRODUCED: September 15, 2014 PASSED 1st CONSIDERATION: September PASSED 2nd CONSIDERATION:15' 2014 Setember PASSED 3rd CONST ERATION:15, 2014 September 15, PASSED AND ADOPTED this 15th day of September, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Ordinance No. 5237 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 4th day of November, 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 $15.01 C a abea-k-C4J Signed Subscribed and sworn to before me this 5 Day of f ,r'� JL,� A.D., 20 14 Received of Notary Public the sum of Dollars. In full for publication of the above notice. s"" `COMMISSION a JODI E MCKINSTRY NO.782413 MY COMryIM tryES CITY OF WATERLOO Council Communication City Council Meeting: September 15, 2014 Prepared: September 8, 2014 Dept. Head Signature: Daniel J. Trelka # of Attachments: 1 SUBJECT: Amend City Code Title 5, Chapter 5 (Chronic Nuisance Properties) Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Approve ordinance amendment Summary Statement: Several citations have been issued under this ordinance since it was enacted less than a year ago. One citation was contested. Based upon the experiences in prosecution of this ordinance, the changes in the attached are recommended. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Chapter 5 CHRONIC NUISANCE PROPERTIES 5-5-1: DEFINITIONS Unless otherwise expressly stated or unless the context clearly indicates a different intention, the following terms shall, for purpose of this chapter, have the following meanings: ABATE OR ABATEMENT: A. As applied to owner/occupants: the removal or correction of the condition or circumstances causing the property to be deemed a chronic nuisance property and/or the complete cessation of the action causing same. B. As applied to a nonoccupant owner: the initiation of all such actions or steps as may be reasonable and legal under the circumstances (and which would ordinarily lead to an abatement of the problem) together with a good faith continuation of those efforts. ENFORCEMENT ACTION: An arrest, a determination that there is probable cause to make an arrest, the issuance of a citation, or issuance of a written or verbal warning associated with a nuisance activity as defined below. NUISANCE ACTIVITIES: Any illegal activity titled as the following in the Waterloo Police Department Shield database under "Call Reporting": A. ASSAULT (Any variation of an assault) B. DISORDER (Disorderly Conduct) C. DRUG (Drug Violation) D. FIGHT E. GAMBLING F. LIQUOR (Liquor Violations) G. LOITER (Loitering) H. LOUD (Loud/NoiseNehicle/Machinery) I. LOUDPART (Loud party) J. MEDSHOOT (Shooting in progress) K. PROSTITU (Prostitution) L. SEX (Sex Offenses) M. SUSP (Suspicious) N. WEAPON (Both Weapons Violations and shots fired) Illegal activity is that which is defined by Iowa Code 701.2 as a public offense; "A public offense is that which is prohibited by statute and is punishable by fine or imprisonment." OWNER: Any person, agent, firm, corporation, association or partnership, including a mortgagee in possession in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and the right to present use and enjoyment of the premises, or an occupant of that structure. PERSON: Any natural person, association, partnership, corporation or other legal entity capable of owning or using property. POLICE SERVICE FEE: The police department service fee is $50.00 per hour per officer. Any fraction of an hour is tabulated as a complete hour. Example: If one officer responds and is at the property for 15 minutes, the fee is $50.00. If two officers respond and are at the property for 1 minute, the fee is $100.00. PROPERTY: Any single parcel in the City of Waterloo assigned a Black Hawk County parcel identification number. For property consisting of more than one unit, the term "property" shall refer to a particular unit. 5-5-2: PURPOSE The purpose of this ordinance is to establish a systematic procedure for effectively abating properties that negatively impact the quality of life in neighborhoods. These types of properties tend to place an undue and inappropriate burden on the other taxpayers in the City of Waterloo by the frequent and chronic use of law enforcement services at the properties. 5-5-3: CHRONIC NUISANCE PROPERTIES PROHIBITED No person shall knower use or allow any property to be used any property as a chronic nuisance property. 5-5-4: ENFORCEMENT Any property that has generated three or more calls for police services in any period less than 12 months for nuisance activities that result in an enforcement action is a chronic nuisance property and has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the CITY OF WATERLOO. As such, the Waterloo Police Department may charge the owners of such property the costs associated with providing police services, in the form of a police service fee, at properties at which nuisance activities chronically occur. Any nuisance activities reported by the owner of the property, a person designated by the owner of the property, or that are deemed as domestic abuse, shall not be counted. 5-5-5: NOTICE When a property has been identified as a chronic nuisance property (three or more calls of nuisance activity that result in an enforcement action in any period less than 12 months), the Chief of Police shall provide the owner of record a notice, in writing, that the property has been declared a chronic nuisance property. A copy of the notice shall be served on the owner at least twenty (20) days prior to the commencement of any judicial action by the city. Service shall be made either personally or by mailing a copy of the notice by first class mail, postage prepaid, to each person at the address as it appears in the records of the County Auditor. Additionally, a copy of the notice shall be served on the occupant of the structure if that person is different than the owner and shall occur not less than ten (10) days prior to the commencement of any judicial proceeding and may be made either personally or by mailing a copy of the notice by first class mail, postage prepaid, to that person at the structure. In the event that notice is impossible to be served as set out above, a copy of the notice may be posted at the property if ten (10) days have elapsed from the service or mailing of the notice to the owner. In addition, a copy of the notice shall also be provided to the City's Code Enforcement division. The failure of any person or owner to receive actual notice of the determination of the chief of police shall not preclude future proceedings under this chapter. The owner of the property, upon receipt or posting of the notice, has 10 days to provide the Chief of Police with a written abatement plan. If the owner fails to do so or chronic nuisance activity continues the owner shall be cited, as per 5-5-6, and the owner shall be charged the $50.00 per hour per officer police service fee for each subsequent nuisance activity police call to the property. If the owner fails to pay the service fee, it shall be assessed against the property in the same manner as a property tax as is allowed by Iowa Code section 364.22. In the case of a landlord/tenant relationship, the owner (landlord) may be deemed to have abated the activity upon demonstration that the owner has taken legal action as allowed by Iowa Code chapter 562A to terminate the rental agreement, continues to follow abatement procedures, and provides the Chief of Police with copies of all notices served in accordance with Iowa Code chapter 562A. 5-5-6: CIVIL VIOLATIONS AND PENALTIES Any person who violates or resists the enforcement of any of the provisions of this chapter shall be guilty of a municipal infraction punishable by a civil penalty of one hundred dollars ($100.00) for the initial offense and two hundred dollars ($200.00) for each repeat offense. Any person who violates a provision of this chapter after having previously been found guilty of violating the same provision of this chapter at the same location shall be guilty of a repeat offense. Seeking a civil penalty as authorized in this section does not preclude the city from seeking alternative relief, including, but not limited to, any order for abatement or injunctive relief from the court in the same action or as a separate action. 5-5-7: SAMPLE NOTICE February 6, 2013 Mr. William Larson 715 Mulberry Street Waterloo, IA 50703 Dear Mr. Larson, Any property that has generated three or more calls for police services in any period less than 12 months for nuisance activities that result in an enforcement action is considered a chronically nuisance property. Such a property has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the CITY OF WATERLOO. In the past 3 -month period, the Water Police Department has responded to 15 nuisance activity calls at your property located at 134 Anytown Drive. The activities involved include fighting, disorderly conduct, and loud music. A detailed list is enclosed with this letter, as well as a copy of the City of Waterloo's Chronic Nuisance Property ordinance. You have 10 days to provide me with a written plan to abate these nuisance activities. If you fail to do so, or chronic nuisance activity continues you will be issued a municipal infraction in the amount of $100.00. In addition, for each subsequent police response to 134 Anytown Drive for nuisance activity, you will be billed $50.00 per hour per officer who responds. Any fraction of an hour is tabulated as a full hour. If you fail to pay this service fee, it will be assessed against the property in the same manner as a property tax as is allowed by Iowa Code chapter 364.22. In the case of a landlord/tenant relationship, the owner (landlord) may be deemed to have abated the activity upon demonstration that the owner has taken legal action as allowed by Iowa Code chapter 562A to terminate the rental agreement, continues to follow abatement procedures, and provides me with copies of all notices served in accordance with Iowa Code chapter 562A. Sincerely, Daniel J. Trelka Director of Safety Services/Chief of Police sa!q!Loa11o0 pue senb!luv STATE OF IOWA, } Black Hawk County, SS THE CITY OF WATERLOO, IOWA: That Chapter 5, Chronic Nuisance Properties, of Title 5, Police Regulations, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, be and the same hereby repealed in its entirety; that a new Chapter 5, Chronic Nuisance Properties, of Title 5, Police Regulations, is hereby enacted in lieu thereof as follows: CHAPTER 5 CHRONIC NUISANCE PROPERTIES 5-5-1: DEFINITIONS Unless otherwise expressly stated or unless the context clearly indicates a different intention, the following terms shall, for purpose of this chapter, have the following meanings: ABATE OR ABATEMENT: A. As applied to owner/occupants: the removal or correction of the condition or circumstances causing the property to be deemed a chronic nuisance property and /or the complete cessation of the action causing same. B. As applied to a nonoccupant owner: the initiation of all such actions or steps as may be reasonable and legal under the circumstances (and which would ordinarily lead to an abatement of the problem) together with a good faith continuation of those efforts. ENFORCEMENT ACTION: An arrest, a woo'ooquA gspeasalu Of ewnsOJ pue JORal J8AOO puaS 'aa16ep Sys Jo vs eneg lsnyy pepeeN Jap!AOJd Bo!naes uewnH seovues uewnH UO!fBWJO u! OJOW JO ZOS1.-1.6Z-61.£ le 4eJBS JO 91.S1.-L6Z-61.£ le eo!a3 1180 • (apud g6noigl i epun5 sewoq Jequosgns o} Jepno0 eul JBAIIOCI pluow Jed DOSS - OO£$ sI!ed aepeo ul algellana sa}noa Jewe3 JolOealuoo !uapuedepul AJan!laa ' L '3 -O9E-6 LE PO .$)a)ogei ewiouo3 bum fawn s\ `)alsauOU .M }o }no paseq Auadwoo e `uollonJ}suo0 alaJ0uo0 uosd!jllgd In addition, a copy of the notice shall also be provided to the City's Code Enforce- ment division. The failure of any person or owner to receive actual notice of the determination of the chief of police shall not preclude future proceedings under this chapter. The owner of the property, upon receipt or posting of the notice, has 10 days to provide the Chief of Police with a written abatement plan. If the owner fails to do so, or chronic nuisance activity continues, the owner shall be cited, as per 5-5-6, and the owner shall be charged the $50.00 per hour per officer police service fee for each subsequent nuisance activity police call to the property. If the owner fails to pay the service fee, it shall be assessed against the property in the same manner as a property tax as is allowed by Iowa Code section 364.22. In the case of a landlord/tenant relation- ship, the owner (landlord) may be deemed to have abated the activity upon demonstration that the owner has taken legal action as allowed by Iowa Code Chapter 562A to terminate the rental agreement, continues to follow abatement procedures, and provides the Chief of Police with copies of all notices served in accordance with Iowa Code Chapter 562A. 5-5-6: CIVIL VIOLATIONS AND PENAL- TIES Any person who violates or resists the enforcement of any of the provisions of this chapter shall be guilty of a municipal infraction punishable by a civil penalty of one hundred dollars ($100.00) for the initial offense and two hundred dollars ($200.00) for each repeat offense. Any person who violates a provision of this chapter after having previously been found guilty of violating the same provision of this chapter at the same location shall be guilty of a repeat offense. Seeking a civil penalty as authorized in this section does not preclude the city from seeking alternative relief, including, but not limited to, any order for abatement or injunctive relief from the court in the same action or as a separate action. 5-5-7: SAMPLE NOTICE February 6, 2013 Mr. William Larson 715 Mulberry Street Waterloo, IA 50703 Dear Mr. Larson, Any property that has generated three or more calls for police services in any period less than 12 months for nuisance activities that result in an enforcement action is considered a chronically nui- sance property. Such a property has received more than the level of general and adequate police service and has placed an undue and inappropriate burden nn the taxnavprc of the r'ITv 009$ -OE$ 'Zt'SE-96Z-6 LE `Jd a OE$ ayO ulp ads 'OOL$-JBt0o1 6uimes 'OOL$ -J!ego 000 '000$ -Jleg0 dogsI '009$ -qe0 Je)le$1 )!VO sneauglia3sWmu seulesioaPIA es -Al skin I do solemnly swear that the annexed copy of legal City of Waterloo Ordinance No. 5238 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 4th day of November, 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 $134.60 Subscribed and sworn to before me this Day of inefA.D., 20 14 Received of Notary Public the sum of Dollars. In full for publication of the above notice. JODI E MCKINSTRY my COMMISSION NO.782413 %i �f ' RES Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5238 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 5, CHRONIC NUISANCE PROPERTIES, OF TITLE 5, POLICE REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW CHAPTER 5, CHRONIC NUISANCE PROPERTIES, OF TITLE 5, POLICE REGULATIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Chapter 5, Chronic Nuisance Properties, of Title 5, Police Regulations, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, be and the same hereby repealed in its entirety; that a new Chapter 5, Chronic Nuisance Properties, of Title 5, Police Regulations, is hereby enacted in lieu thereof as follows: CHAPTER 5 CHRONIC NUISANCE PROPERTIES 5-5-1: DEFINITIONS Unless otherwise expressly stated or unless the context clearly indicates a different intention, the following terms shall, for purpose of this chapter, have the following meanings: ABATE OR ABATEMENT: A. As applied to owner/occupants: the removal or correction of the condition or circumstances causing the property to be deemed a chronic nuisance property and/or the complete cessation of the action causing same. B. As applied to a nonoccupant owner: the initiation of all such actions or steps as may be reasonable and legal under the circumstances (and which would ordinarily lead to an abatement of the problem) together with a good faith continuation of those efforts. ENFORCEMENT ACTION: An arrest, a determination that there is probable cause to make an arrest, the issuance of a citation, or issuance of a written or verbal warning associated with a nuisance activity as defined below. NUISANCE ACTIVITIES: Any illegal activity titled as the following in the Waterloo Police Department Shield database under "Call Reporting": Ordinance No. 5238 Page 2 A. ASSAULT (Any variation of an assault) B. DISORDER (Disorderly Conduct) C. DRUG (Drug Violation) D. FIGHT E. GAMBLING F. LIQUOR (Liquor Violations) G. LOITER (Loitering) H. LOUD (Loud/Noise/Vehicle/Machinery) I. LOUDPART (Loud party) J. MEDSHOOT (Shooting in progress) K. PROSTITU (Prostitution) L. SEX (Sex Offenses) M. SUSP (Suspicious) N. WEAPON (Both Weapons Violations and shots fired) Illegal activity is that which is defined by Iowa Code 701.2 as a public offense; "A public offense is that which is prohibited by statute and is punishable by fine or imprisonment." OWNER: Any person, agent, firm, corporation, association or partnership, including a mortgagee in possession in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and the right to present use and enjoyment of the premises, or an occupant of that structure. PERSON: Any natural person, association, partnership, corporation or other legal entity capable of owning or using property. POLICE SERVICE FEE: The police department service fee is $50.00 per hour per officer. Any fraction of an hour is tabulated as a complete hour. Example: If one officer responds and is at the property for 15 minutes, the fee is $50.00. If two officers respond and are at the property for 1 minute, the fee is $100.00. PROPERTY: Any single parcel in the City of Waterloo assigned a Black Hawk County parcel identification number. For property consisting of more than one unit, the term "property" shall refer to a particular unit. 5-5-2: PURPOSE The purpose of this ordinance is to establish a systematic procedure for effectively abating properties that negatively impact the quality of life in neighborhoods. These types of properties tend to place an undue and inappropriate burden on the other taxpayers in the City of Waterloo by the frequent and chronic use of law enforcement services at the properties. 5-5-3: CHRONIC NUISANCE PROPERTIES PROHIBITED No person shall use or allow any property to be used as a chronic nuisance property. Ordinance No. 5238 Page 3 5-5-4: ENFORCEMENT Any property that has generated three or more calls for police services in any period less than 12 months for nuisance activities that result in an enforcement action is a chronic nuisance property and has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the CITY OF WATERLOO. As such, the Waterloo Police Department may charge the owners of such property the costs associated with providing police services, in the form of a police service fee, at properties at which nuisance activities chronically occur. Any nuisance activities reported by the owner of the property, a person designated by the owner of the property, or that are deemed as domestic abuse, shall not be counted. 5-5-5: NOTICE When a property has been identified as a chronic nuisance property (three or more calls of nuisance activity that result in an enforcement action in any period less than 12 months), the Chief of Police shall provide the owner of record a notice, in writing, that the property has been declared a chronic nuisance property. A copy of the notice shall be served on the owner at least twenty (20) days prior to the commencement of any judicial action by the city. Service shall be made either personally or by mailing a copy of the notice by first class mail, postage prepaid, to each person at the address as it appears in the records of the County Auditor. Additionally, a copy of the notice shall be served on the occupant of the structure if that person is different than the owner and shall occur not less than ten (10) days prior to the commencement of any judicial proceeding and may be made either personally or by mailing a copy of the notice by first class mail, postage prepaid, to that person at the structure. In the event that notice is impossible to be served as set out above, a copy of the notice may be posted at the property if ten (10) days have elapsed from the service or mailing of the notice to the owner. In addition, a copy of the notice shall also be provided to the City's Code Enforcement division. The failure of any person or owner to receive actual notice of the determination of the chief of police shall not preclude future proceedings under this chapter. The owner of the property, upon receipt or posting of the notice, has 10 days to provide the Chief of Police with a written abatement plan. If the owner fails to do so, or chronic nuisance activity continues, the owner shall be cited, as per 5- 5-6, and the owner shall be charged the $50.00 per hour per officer police service fee for each subsequent nuisance activity police call to the property. If the owner fails to pay the 'service fee, it shall be assessed against the property in the Ordinance No. 5238 Page 4 same manner as a property tax as is allowed by Iowa Code section 364.22. In the case of a landlord/tenant relationship, the owner (landlord) may be deemed to have abated the activity upon demonstration that the owner has taken legal action as allowed by Iowa Code Chapter 562A to terminate the rental agreement, continues to follow abatement procedures, and provides the Chief of Police with copies of all notices served in accordance with Iowa Code Chapter 562A. 5-5-6: CIVIL VIOLATIONS AND PENALTIES Any person who violates or resists the enforcement of any of the provisions of this chapter shall be guilty of a municipal infraction punishable by a civil penalty of one hundred dollars ($100.00) for the initial offense and two hundred dollars ($200.00) for each repeat offense. Any person who violates a provision of this chapter after having previously been found guilty of violating the same provision of this chapter at the same location shall be guilty of a repeat offense. Seeking a civil penalty as authorized in this section does not preclude the city from seeking alternative relief, including, but not limited to, any order for abatement or injunctive relief from the court in the same action or as a separate action. 5-5-7: SAMPLE NOTICE February 6, 2013 Mr. William Larson 715 Mulberry Street Waterloo, IA 50703 Dear Mr. Larson, Any property that has generated three or more calls for police services in any period less than 12 months for nuisance activities that result in an enforcement action is considered a chronically nuisance property. Such a property has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the CITY OF WATERLOO. In the past 3 -month period, the Water Police Department has responded to 15 nuisance activity calls at your property located at 134 Anytown Drive. The activities involved include fighting, disorderly conduct, and loud music. A detailed list is enclosed with this letter, as well as a copy of the City of Waterloo's Chronic Nuisance Property ordinance. You have 10 days to provide me with a written plan to abate these nuisance activities. If you fail to do so, or chronic nuisance activity continues, you will be issued a municipal infraction in the amount of $100.00. In Ordinance No. 5238 Page 5 addition, for each subsequent police response to 134 Anytown Drive for nuisance activity, you will be billed $50.00 per hour per officer who responds. Any fraction of an hour is tabulated as a full hour. If you fail to pay this service fee, it will be assessed against the property in the same manner as a property tax as is allowed by Iowa Code Chapter 364.22. In the case of a landlord/tenant relationship, the owner (landlord) may be deemed to have abated the activity upon demonstration that the owner has taken legal action as allowed by Iowa Code Chapter 562A to terminate the rental agreement, continues to follow abatement procedures, and provides me with copies of all notices served in accordance with Iowa Code Chapter 562A. Sincerely, Daniel J. Trelka Director of Safety Services/Chief of Police INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED this ATTEST: September 15, 2014 September 15, 2014 September 15, 2014 September 15, 2014 15th day of September, 2014. Suzy hares, CMC City C erk rnest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City do hereby certify that the preceding is a true of Ordinance No. 5238 as passed and adopted the City of Waterloo, Iowa, on the 15th day of Witness my hand and seal of office September, 2014. SEAL of Waterloo, Iowa, and complete copy by the Council of September, 2014. this 15th day of Suzy Sc City Cl ares, CM rk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5238 AN ORDINANCE AMENDING THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA, BY REPEALING CHAPTER 5, CHRONIC NUISANCE PROPERTIES, OF TITLE 5, POLICE REGULATIONS; AND ENACTING IN LIEU THEREOF A NEW CHAPTER 5, CHRONIC NUISANCE PROPERTIES, OF TITLE 5, POLICE REGULATIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Chapter 5, Chronic Nuisance Properties, of Title 5, Police Regulations, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, be and the same hereby repealed in its entirety; that a new Chapter 5, Chronic Nuisance Properties, of Title 5, Police Regulations, is hereby enacted in lieu thereof as follows: CHAPTER 5 CHRONIC NUISANCE PROPERTIES 5-5-1: DEFINITIONS Unless otherwise expressly stated or unless the context clearly indicates a different intention, the following terms shall, for purpose of this chapter, have the following meanings: ABATE OR ABATEMENT: A. As applied to owner/occupants: the removal or correction of the condition or circumstances causing the property to be deemed a chronic nuisance property and/or the complete cessation of the action causing same. B. As applied to a nonoccupant owner: the initiation of all such actions or steps as may be reasonable and legal under the circumstances (and which would ordinarily lead to an abatement of the problem) together with a good faith continuation of those efforts. ENFORCEMENT ACTION: An arrest, a determination that there is probable cause to make an arrest, the issuance of a citation, or issuance of a written or verbal warning associated with a nuisance activity as defined below. NUISANCE ACTIVITIES: Any illegal activity titled as the following in the Waterloo Police Department Shield database under "Call Reporting": Ordinance No. 5238 Page 2 A. ASSAULT (Any variation of an assault) B. DISORDER (Disorderly Conduct) C. DRUG (Drug Violation) D. FIGHT E. GAMBLING F. LIQUOR (Liquor Violations) G. LOITER (Loitering) H. LOUD (Loud/Noise/Vehicle/Machinery) I. LOUDPART (Loud party) J. MEDSHOOT (Shooting in progress) K. PROSTITU (Prostitution) L. SEX (Sex Offenses) M. SUSP (Suspicious) N. WEAPON (Both Weapons Violations and shots fired) Illegal activity is that which is defined by Iowa Code 701.2 as a public offense; "A public offense is that which is prohibited by statute and is punishable by fine or imprisonment." OWNER: Any person, agent, firm, corporation, association or partnership, including a mortgagee in possession in whom is vested all or part of the legal title to property or all or part of the beneficial ownership and the right to present use and enjoyment of the premises, or an occupant of that structure. PERSON: Any natural person, association, partnership, corporation or other legal entity capable of owning or using property. POLICE SERVICE FEE: The police department service fee is $50.00 per hour per officer. Any fraction of an hour is tabulated as a complete hour. Example: If one officer responds and is at the property for 15 minutes, the fee is $50.00. If two officers respond and are at the property for 1 minute, the fee is $100.00. PROPERTY: Any single parcel in the City of Waterloo assigned a Black Hawk County parcel identification number. For property consisting of more than one unit, the term "property" shall refer to a particular unit. 5-5-2: PURPOSE The purpose of this ordinance is to establish a systematic procedure for effectively abating properties that negatively impact the quality of life in neighborhoods. These types of properties tend to place an undue and inappropriate burden on the other taxpayers in the City of Waterloo by the frequent and chronic use of law enforcement services at the properties. 5-5-3: CHRONIC NUISANCE PROPERTIES PROHIBITED No person shall use or allow any property to be used as a chronic nuisance property. Ordinance No. 5238 Page 3 5-5-4: ENFORCEMENT Any property that has generated three or more calls for police services in any period less than 12 months for nuisance activities that result in an enforcement action is a chronic nuisance property and has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the CITY OF WATERLOO. As such, the Waterloo Police Department may charge the owners of such property the costs associated with providing police services, in the form of a police service fee, at properties at which nuisance activities chronically occur. Any nuisance activities reported by the owner of the property, a person designated by the owner of the property, or that are deemed as domestic abuse, shall not be counted. 5-5-5: NOTICE When a property has been identified as a chronic nuisance property (three or more calls of nuisance activity that result in an enforcement action in any period less than 12 months), the Chief of Police shall provide the owner of record a notice, in writing, that the property has been declared a chronic nuisance property. A copy of the notice shall be served on the owner at least twenty (20) days prior to the commencement of any judicial action by the city. Service shall be made either personally or by mailing a copy of the notice by first class mail, postage prepaid, to each person at the address as it appears in the records of the County Auditor. Additionally, a copy of the notice shall be served on the occupant of the structure if that person is different than the owner and shall occur not less than ten (10) days prior to the commencement of any judicial proceeding and may be made either personally or by mailing a copy of the notice by first class mail, postage prepaid, to that person at the structure. In the event that notice is impossible to be served as set out above, a copy of the notice may be posted at the property if ten (10) days have elapsed from the service or mailing of the notice to the owner. In addition, a copy of the notice shall also be provided to the City's Code Enforcement division. The failure of any person or owner to receive actual notice of the determination of the chief of police shall not preclude future proceedings under this chapter. The owner of the property, upon receipt or posting of the notice, has 10 days to provide the Chief of Police with a written abatement plan. If the owner fails to do so, or chronic nuisance activity continues, the owner shall be cited, as per 5- 5-6, and the owner shall be charged the $50.00 per hour per officer police service fee for each subsequent nuisance activity police call to the property. If the owner fails to pay the service fee, it shall be assessed against the property in the Ordinance No. 5238 Page 4 same manner as a property tax as is allowed by Iowa Code section 364.22. In the case of a landlord/tenant relationship, the owner (landlord) may be deemed to have abated the activity upon demonstration that the owner has taken legal action as allowed by Iowa Code Chapter 562A to terminate the rental agreement, continues to follow abatement procedures, and provides the Chief of Police with copies of all notices served in accordance with Iowa Code Chapter 562A. 5-5-6: CIVIL VIOLATIONS AND PENALTIES Any person who violates or resists the enforcement of any of the provisions of this chapter shall be guilty of a municipal infraction punishable by a civil penalty of one hundred dollars ($100.00) for the initial offense and two hundred dollars ($200.00) for each repeat offense. Any person who violates a provision of this chapter after having previously been found guilty of violating the same provision of this chapter at the same location shall be guilty of a repeat offense. Seeking a civil penalty as authorized in this section does not preclude the city from seeking alternative relief, including, but not limited to, any order for abatement or injunctive relief from the court in the same action or as a separate action. 5-5-7: SAMPLE NOTICE February 6, 2013 Mr. William Larson 715 Mulberry Street Waterloo, IA 50703 Dear Mr. Larson, Any property that has generated three or more calls for police services in any period less than 12 months for nuisance activities that result in an enforcement action is considered a chronically nuisance property. Such a property has received more than the level of general and adequate police service and has placed an undue and inappropriate burden on the taxpayers of the CITY OF WATERL OO . In the past 3 -month period, the Water Police Department has responded to 15 nuisance activity calls at your property located at 134 Anytown Drive. The activities involved include fighting, disorderly conduct, and loud music. A detailed list is enclosed with this letter, as well as a copy of the City of Waterloo's Chronic Nuisance Property ordinance. You have 10 days to provide me with a written plan to abate these nuisance activities. If you fail to do so, or chronic nuisance activity continues, you will be issued a municipal infraction in the amount of $100.00. In Ordinance No. 5238 Page 5 addition, for each subsequent police response to 134 Anytown Drive for nuisance activity, you will be billed $50.00 per hour per officer who responds. Any fraction of an hour is tabulated as a full hour. If you fail to pay this service fee, it will be assessed against the property in the same manner as a property tax as is allowed by Iowa Code Chapter 364.22. In the case of a landlord/tenant relationship, the owner (landlord) may be deemed to have abated the activity upon demonstration that the owner has taken legal action as allowed by Iowa Code Chapter 562A to terminate the rental agreement, continues to follow abatement procedures, and provides me with copies of all notices served in accordance with Iowa Code Chapter 562A. Sincerely, Daniel J. Trelka Director of Safety Services/Chief of Police INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: PASSED AND ADOPTED this ATTEST: September 15, 2014 September 15, 2014 September 15, 2014 September 15, 2014 15th day of September, 2014. Suzy Sch.res, CMC City Cler nest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City do hereby certify that the preceding is a true of Ordinance No. 5238 as passed and adopted the City of Waterloo, Iowa, on the 15th day of Witness my hand and seal of office September, 2014. SEAL of Waterloo, Iowa, and complete copy by the Council of September, 2014. this 15th day of Suzy S. ares, CMC City C erk CITY OF WATERLOO Council Communication City Council Meeting: September 15, 2014 Prepared: September 8, 2014 Dept. Head Signature: Daniel J. Trelka # of Attachments: 1 SUBJECT: Enactment of Ordinance Title 6, Chapter 5 (Civil Seizure and Impoundment of Motor Vehicles) Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Approve ordinance Summary Statement: This ordinance is working successfully in other cities (Chicago, Cedar Rapids). The benefits of this ordinance are: 1) Provides an additional tool to combat criminal activity. 2) Deterrence to the furtherance and support of criminal activity. 3) Reduction of civil liability to the City. 4) Provides an additional source of funding to offset the expense of providing law enforcement services, with the funding source being the user of the service. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Title 6 — Motor Vehicles Chapter 5 — CIVIL SEIZURE AND IMPOUNDMENT OF MOTOR VEHICLES. 6-5-1: STATEMENT OF POLICY: It is the policy of the City of Waterloo that motor vehicles used in connection with certain illegal conduct shall be subject to civil seizure and impoundment in accordance with the procedures set forth herein, so as to deter the use of vehicles as specified herein. 6-5-2: DEFINITIONS: For purposes of this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section: A. "Controlled substances" means any substance as defined and included in Sections 124.204, 124.206, 124.208, 124.210, or 124.212 of the Iowa Code. B. "Drug paraphernalia" means any equipment, products and materials as defined in Section 124.414 of the Iowa Code. C. "Eluding or attempting to elude a police officer" means any offense as defined in Section 321.279 of the Iowa Code. D. "Illegal prescription drug" means any drug or device limited to dispensation by prescription, as provided by Iowa Code section 155A.21, that was not lawfully dispensed within the meaning of Iowa Code chapter 155A to the party found in possession thereof or to the registered owner of the motor vehicle. E. "Intimidation with a dangerous weapon" means any offense as defined in Section 708.6 of the Iowa Code. F. "Lienholder" means any person or entity that has a recorded security interest, lien or other encumbrance that is noted on a vehicle's certificate of title or in public vehicle ownership records. G. "Operating a motor vehicle on a revoked or barred license" means an offense as defined in Sections 321.56, 321.218, or 321J.21 of the Iowa Code. H. "Operating a motor vehicle while under the influence of alcohol or drugs" means any offense as defined in Chapter 321J of the Iowa Code. I. "Owner" means any person or entity that is shown as the registered owner on the vehicle's certificate of title or public vehicle ownership records. J. "Precursor" means any substance as defined in 124.401(4) of the Code of Iowa. K. "Prostitution" shall have the same meaning as that provided in Iowa Code section 725.1. L. "Stolen property" means property obtained by theft, as such term is defined in Iowa Code section 714.1. M. "Weapons offense" means any offense as defined in Sections 708.6, 724.3, 724.4, 724.4A, 724.4B, 724.16A, 724.22, 724.26, 724.29, or 724.30 of the Iowa Code. 6-5-3: VEHICLES SUBJECT TO SEIZURE; PENALTY: A. Use of a motor vehicle in any manner specified in this subsection shall subject the motor vehicle to seizure, impoundment and civil penalty as provided in this chapter. 1. Using a motor vehicle while manufacturing, selling and/or delivering a controlled substance, precursor, drug paraphernalia and/or illegal prescription drug. 2. Using a motor vehicle while illegally manufacturing and/or selling a drug or device limited to dispensation by prescription. For purposes of this paragraph, the term "selling" includes delivery of the drug or device following said sale. 3. Operating a motor vehicle on a revoked or barred license. 4. Operating a motor vehicle while under the influence of alcohol or drugs. 5. Using a motor vehicle while eluding or attempting to elude a police officer. 6. Using a motor vehicle in connection with an offense described in Iowa Code section 321.261, whether or not the subject vehicle is actually used to leave the scene. 7. Using a motor vehicle while committing a weapons offense. 8. Using a motor vehicle while engaged in prostitution or the solicitation thereof. 9. Using a motor vehicle while possessing or transporting stolen property. B. Unless otherwise specified in this chapter, the owner of such vehicle shall be liable to the City for a civil penalty of $250, for the cost of service of any notices, and for any and all fees and charges for towing and storage of the vehicle. 6-5-4: TOWING; NOTICE OF RIGHT TO ADMINISTRATIVE HEARING: A. Seizure; Initial Notice: Whenever a police officer has probable cause to believe a vehicle is subject to seizure and impoundment pursuant to section 6-5-3, the officer shall provide for the towing of the vehicle to a facility controlled by the City or its agent(s). When the vehicle is towed, the officer shall determine who, if anyone, was in control of the vehicle at the time of the events giving rise to probable cause for seizure and impoundment. The officer shall then notify that person, in writing, that the vehicle is being seized and that the owner or any lienholder has a right to an administrative hearing on whether the subject vehicle was in fact used as specified in section 6-5-3. The written notice shall also state that, pending any administrative hearing, the vehicle may be released as provided in this section. 2 B. Notice: Within ten (10) days after a vehicle is towed, the City or its agent shall send written notification to each owner and lienholder of the vehicle, setting forth their right to request a hearing as provided in this section. Notice shall be sent by certified mail, return receipt requested, to the last known address of any owners and lienholders, or the notice may be personally served and either an affidavit of service prepared or written acknowledgement obtained from the party served. The notice shall describe the year, make, model and vehicle identification number of the vehicle, as well as state the location of the facility where the vehicle is being held. The notice shall also state that, pending any administrative hearing, the subject vehicle may be released as provided in this chapter. The notice shall state the penalties that may be imposed, including the fact that failure to reclaim the vehicle within the time allowed shall be deemed a waiver of all right, title, claim and interest in the vehicle or personal property and shall be deemed to be consent to sale of the vehicle at a public auction or disposal of the vehicle to a demolisher and to disposal of the personal property by sale or destruction. C. Release Pending Hearing: A vehicle that has been seized and impounded under this chapter may be released to the owner of the vehicle if the owner posts with the City a cash bond, in form acceptable to the police department record's division, in the amount of $250, pays the cost of service of any notices, and makes payment in full for the fees and charges of towing and storage of the vehicle, which payment shall be made to the party to whom the fees and charges are owed. D. Administrative Hearing: If the vehicle owner or a lienholder wishes to request an administrative hearing, said request shall be made in writing within ten (10) days of the date on which the notice provided for in subsection B above was either mailed or personally served upon the party requesting the hearing, and the request shall be delivered personally by the requestor to the Waterloo Police Department. If the owner or lienholder cannot appear in person, then a request for an administrative hearing can be made in any manner that is pre -approved by the Waterloo Police Department for that particular owner or lienholder. Any request for a hearing must include the address and telephone number at which the owner or lienholder is to be contacted regarding the hearing. Unless continued to a later date by order of the hearing officer, the hearing shall be scheduled and held within five (5) days after the request for a hearing is actually received by the Waterloo Police Department. If the request for hearing was made in a manner other than in person, notice of the scheduled hearing date and location shall be given in the same manner in which the request for hearing was received with pre -approval of the Waterloo Police Department as provided for herein. Notice of the scheduled hearing provided electronically, by fax or by mail shall be deemed given when sent. At the hearing, all interested parties shall be given a reasonable opportunity to be heard. Formal rules of evidence and procedure shall not apply, and hearsay evidence shall be admissible. The hearing officer shall not be an employee of the City of Waterloo. 3 ^D: Decision: 1. The hearing officer shall render a decision based on a preponderance of the evidence. The decision of a hearing officer shall be deemed a final agency action and shall be subject to judicial review in accordance with Iowa law. Regardless of the outcome of the administrative hearing, the vehicle and all interested parties' rights to the vehicle and the personal property contents thereof shall be subject to all procedures set forth in this chapter with respect to the claiming and release of impounded vehicles, disposal of unclaimed vehicles and personal property, fees and charges, and applicable exceptions. 2. If the hearing officer determines that the vehicle was not used as specified in section 6- 5-3, then the hearing officer shall order the return of the subject vehicle (or return of the cash bond if one was posted for release of the vehicle, allowing the City a reasonable time in which to do so), cancellation of the $250 civil penalty and no further imposition of any fine, fees, or charges relating to the impoundment. Any fees or charges other than the civil penalty which have accrued up to the time of such determination by the hearing officer, however, shall remain due and owing, and any such fees or charges owed to the City shall be deducted from any cash bond prior to the return of said cash bond. 3. If the hearing officer determines that the vehicle was used as specified in section 6-5-3, then the hearing officer shall order that the vehicle continue to be held in impound until the owner satisfies each condition for release of the vehicle, or until the vehicle is deemed abandoned. If a cash bond was posted and the vehicle released before the hearing, the hearing officer shall order the cash bond surrendered to the City as payment of the $250 civil penalty. 6-5-5: RELEASE TO LIENHOLDER: Notwithstanding any other provision of this chapter, whenever a lienholder of a vehicle impounded under this chapter has commenced foreclosure or replevin proceedings and provides to the City satisfactory proof of the commencement of such proceedings and of the lienholder's entitlement to immediate possession of the vehicle, possession of the vehicle shall be delivered to that lienholder if the lienholder provides written indemnification to the City for any and all claims of the lienholder, an owner or any third party arising out of the seizure, impoundment and possession of the vehicle pursuant to this chapter. 6-5-6: PROCEDURE FOR CLAIMING VEHICLES ELIGIBLE FOR RELEASE: A. If a vehicle seized under this chapter is eligible to be released, the person claiming the vehicle may be required by the City to present to the City or its agent in possession of the vehicle one or more of the following items: a certificate of title, bill of sale, or valid registration for the vehicle; a government -issued photo ID for the person claiming the vehicle; and/or a physical document showing proof of security against liability (insurance) for the vehicle in effect as of the date the vehicle is to be released from impound. In addition, 4 the claimant shall pay to the City any and all civil penalties and costs of service of notice and shall pay to the facility holding the vehicle all fees and charges of towing and storage. 6-5-7: DISPOSAL OF UNCLAIMED OR ABANDONED VEHICLES: Any motor vehicle impounded pursuant to this chapter and not properly claimed by or on behalf of the owner, lienholder or other claimant within 10 days of the date of delivery of proper notice or the date of issuance of the hearing officer's decision, whichever is later, shall be deemed abandoned and may be disposed of as provided by Iowa law governing abandoned vehicles, without further notice. 6-5-8: EXCEPTIONS TO PENALTY: A vehicle owner shall not be subject to the civil penalty provided for in this chapter if either of the following applies: A. The vehicle in question was stolen at the time the police officer formed probable cause to believe the vehicle was subject to seizure, and the theft was officially reported to the appropriate law enforcement official as soon as the theft was discovered or reasonably should have been discovered; or B. The vehicle was operating as a common carrier, including but not limited to a taxicab or bus, and the violation occurred without the knowledge of the person operating the vehicle as a common carrier. 6-5-9: WAIVER AUTHORITY: A. The Chief of Police or his or her designee has the authority to waive seizure and impoundment of a vehicle or the civil penalty, costs, fees and charges involved in seizure and impoundment of a vehicle without a hearing if, in the sole discretion of the Chief or his or her designee, there is sufficient cause to believe that such waiver would be in the best interest of public safety and community welfare or that errors by an administrative agency led to the erroneous impoundment of a vehicle. B. In the matter of a stolen vehicle being reported to police, a criminal investigation will be conducted into the circumstances surrounding the theft before the waiver of any civil penalty, costs, fees or charges shall be authorized. Anyone found to have filed a false criminal report is subject to prosecution as otherwise provided by law. 6-5-10: CALCULATION OF TIME: For purposes of calculating notifications under this chapter, holidays recognized by the City of Waterloo and weekends shall be excluded. 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IED„ sag) mous mej, •trati lad uotiitiu 0014 pautqutoo E Aq s}soo zoqui s}t aonpat pinom s}no qo[ }Eq} £rpuoN ptrs wilds •amt} Wm }E pa}rututtia atam sqo[ Aurut moq AAs lou ptp put. `zago}op Aizua TIT s}no qo[;o punoi a}EmE - das E paounouuE }uttds - suotstntp snottun utoz; ;no aq'um sqo[ Amu moq sgo(000`Z I do solemnly swear that the annexed copy of legal City of Waterloo Ordinance No. 5239 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 4th day of November, 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 $185.26 0(1_1,y) C Signed Subscribed and sworn to before me this Day of A.D., 20 Received of Notary Public the sum of Dollars. In full for publication of the above notice. JODI E MCKINSTRYI COMMISSION NO.782413 MY CONI ES Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5239 AN ORDINANCE ADDING CHAPTER 5, CIVIL SEIZURE AND IMPOUNDMENT OF MOTOR VEHICLES, OF TITLE 6, MOTOR VEHICLES TO THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Chapter 5, Civil Seizure and Impoundment of Motor Vehicles, of Title 6, Motor Vehicles, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, be added as follows: CHAPTER 5 CIVIL SEIZURE AND IMPOUNDMENT OF MOTOR VEHICLES 6-5-1: STATEMENT OF POLICY: It is the policy of the City of Waterloo that motor vehicles used in connection with certain illegal conduct shall be subject to civil seizure and impoundment in accordance with the procedures set forth herein, so as to deter the use of vehicles as specified herein. 6-5-2: DEFINITIONS: For purposes of this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section: A. "Controlled substances" means any substance as defined and included in Sections 124.204, 124.206, 124.208, 124.210, or 124.212 of the Iowa Code. B. "Drug paraphernalia" means any equipment, products and materials as defined in Section 124.414 of the Iowa Code. C. "Eluding or attempting to elude a police officer" means any offense as defined in Section 321.279 of the Iowa Code. D. "Illegal prescription drug" means any drug or device limited to dispensation by prescription, as provided by Iowa Code section 155A.21, that was not lawfully dispensed within the meaning of Iowa Code chapter 155A to the party found in possession thereof or to the registered owner of the motor vehicle. E. "Intimidation with a dangerous weapon" means any offense as defined in Section 708.6 of the Iowa Code. F. "Lienholder" means any person or entity that has a recorded security interest, lien or other encumbrance that is noted on a vehicle's certificate of title or in public vehicle ownership records. Ordinance No. 5239 Page 2 G. "Operating a motor vehicle on a revoked or barred license" means an offense as defined in Sections 321.56, 321.218, or 321J.21 of the Iowa Code. H. "Operating a motor vehicle while under the influence of alcohol or drugs" means any offense as defined in Chapter 321J of the Iowa Code. I. "Owner" means any person or entity that is shown as the registered owner on the vehicle's certificate of title or public vehicle ownership records. J. "Precursor" means any substance as defined in 124.401(4) of the Code of Iowa. K. "Prostitution" shall have the same meaning as that provided in Iowa Code section 725.1. L. "Stolen property" means property obtained by theft, as such term is defined in Iowa Code section 714.1. M. "Weapons offense" means any offense as defined in Sections 708.6, 724.3, 724.4, 724.4A, 724.4B, 724.16A, 724.22, 724.26, 724.29, or 724.30 of the Iowa Code. 6-5-3: VEHICLES SUBJECT TO SEIZURE; PENALTY: A. Use of a motor vehicle in any manner specified in this subsection shall subject the motor vehicle to seizure, impoundment and civil penalty as provided in this chapter. 1. Using a motor vehicle while manufacturing, selling and/or delivering a controlled substance, precursor, drug paraphernalia and/or illegal prescription drug. 2. Using a motor vehicle while illegally manufacturing and/or selling a drug or device limited to dispensation by prescription. For purposes of this paragraph, the term "selling" includes delivery of the drug or device following said sale. 3. Operating a motor vehicle on a revoked or barred license. 4. Operating a motor vehicle while under the influence of alcohol or drugs. 5. Using a motor vehicle while eluding or attempting to elude a police officer. 6. Using a motor vehicle in connection with an offense described in Iowa Code section 321.261, whether or not the subject vehicle is actually used to leave the scene. 7. Using a motor vehicle while committing a weapons offense. Ordinance No. 5239 Page 3 8. Using a motor vehicle while engaged in prostitution or the solicitation thereof. 9. Using a motor vehicle while possessing or transporting stolen property. B. Unless otherwise specified in this chapter, the owner of such vehicle shall be liable to the City for a civil penalty of $250, for the cost of service of any notices, and for any and all fees and charges for towing and storage of the vehicle. 6-5-4: TOWING; NOTICE OF RIGHT TO ADMINISTRATIVE HEARING: A. Seizure; Initial Notice: Whenever a police officer has probable cause to believe a vehicle is subject to seizure and impoundment pursuant to section 6-5-3, the officer shall provide for the towing of the vehicle to a facility controlled by the City or its agent(s). When the vehicle is towed, the officer shall determine who, if anyone, was in control of the vehicle at the time of the events giving rise to probable cause for seizure and impoundment. The officer shall then notify that person, in writing, that the vehicle is being seized and that the owner or any lienholder has a right to an administrative hearing on whether the subject vehicle was in fact used as specified in section 6-5-3. The written notice shall also state that, pending any administrative hearing, the vehicle may be released as provided in this section. B. Notice: Within ten (10) days after a vehicle is towed, the City or its agent shall send written notification to each owner and lienholder of the vehicle, setting forth their right to request a hearing as provided in this section. Notice shall be sent by certified mail, return receipt requested, to the last known address of any owners and lienholders, or the notice may be personally served and either an affidavit of service prepared or written acknowledgement obtained from the party served. The notice shall describe the year, make, model and vehicle identification number of the vehicle, as well as state the location of the facility where the vehicle is being held. The notice shall also state that, pending any administrative hearing, the subject vehicle may be released as provided in this chapter. The notice shall state the penalties that may be imposed, including the fact that failure to reclaim the vehicle within the time allowed shall be deemed a waiver of all right, title, claim and interest in the vehicle or personal property and shall be deemed to be consent to sale of the vehicle at a public auction or disposal of the vehicle to a demolisher and to disposal of the personal property by sale or destruction. C. Release Pending Hearing: A vehicle that has been seized and impounded under this chapter may be released to the owner of the vehicle if the owner posts with the City a cash bond, in form acceptable to the police department Ordinance No. 5239 Page 4 record's division, in the amount of $250, pays the cost of service of any notices, and makes payment in full for the fees and charges of towing and storage of the vehicle, which payment shall be made to the party to whom the fees and charges are owed. D. Administrative Hearing: If the vehicle owner or a lienholder wishes to request an administrative hearing, said request shall be made in writing within ten (10) days of the date on which the notice provided for in subsection B above was either mailed or personally served upon the party requesting the hearing, and the request shall be delivered personally by the requestor to the Waterloo Police Department. If the owner or lienholder cannot appear in person, then a request for an administrative hearing can be made in any manner that is pre -approved by the Waterloo Police Department for that particular owner or lienholder. Any request for a hearing must include the address and telephone number at which the owner or lienholder is to be contacted regarding the hearing. Unless continued to a later date by order of the hearing officer, the hearing shall be scheduled and held within five (5) days after the request for a hearing is actually received by the Waterloo Police Department. If the request for hearing was made in a manner other than in person, notice of the scheduled hearing date and location shall be given in the same manner in which the request for hearing was received with pre -approval of the Waterloo Police Department as provided for herein. Notice of the scheduled hearing provided electronically, by fax or by mail shall be deemed given when sent. At the hearing, all interested parties shall be given a reasonable opportunity to be heard. Formal rules of evidence and procedure shall not apply, and hearsay evidence shall be admissible. The hearing officer shall not be an employee of the City of Waterloo. E. Decision: 1. The hearing officer shall render a decision based on a preponderance of the evidence. The decision of a hearing officer shall be deemed a final agency action and shall be subject to judicial review in accordance with Iowa law. Regardless of the outcome of the administrative hearing, the vehicle and all interested parties' rights to the vehicle and the personal property contents thereof shall be subject to all procedures set forth in this chapter with respect to the claiming and release of impounded vehicles, disposal of unclaimed vehicles and personal property, fees and charges, and applicable exceptions. 2. If the hearing officer determines that the vehicle was not used as specified in section 6-5-3, then the hearing officer shall order the return of the subject vehicle (or return of the cash bond if one was posted for release of the vehicle, allowing the City a Ordinance No. 5239 Page 5 reasonable time in which to do so), cancellation of the $250 civil penalty and no further imposition of any fine, fees, or charges relating to the impoundment. Any fees or charges other than the civil penalty which have accrued up to the time of such determination by the hearing officer, however, shall remain due and owing, and any such fees or charges owed to the City shall be deducted from any cash bond prior to the return of said cash bond. 3. If the hearing officer determines that the vehicle was used as specified in section 6-5-3, then the hearing officer shall order that the vehicle continue to be held in impound until the owner satisfies each condition for release of the vehicle, or until the vehicle is deemed abandoned. If a cash bond was posted and the vehicle released before the hearing, the hearing officer shall order the cash bond surrendered to the City as payment of the $250 civil penalty. 6-5-5: RELEASE TO LIENHOLDER: Notwithstanding any other provision of this chapter, whenever a lienholder of a vehicle impounded under this chapter has commenced foreclosure or replevin proceedings and provides to the City satisfactory proof of the commencement of such proceedings and of the lienholder's entitlement to immediate possession of the vehicle, possession of the vehicle shall be delivered to that lienholder if the lienholder provides written indemnification to the City for any and all claims of the lienholder, an owner or any third party arising out of the seizure, impoundment and possession of the vehicle pursuant to this chapter. 6-5-6: PROCEDURE FOR CLAIMING VEHICLES ELIGIBLE FOR RELEASE: A. If a vehicle seized under this chapter is eligible to be released, the person claiming the vehicle may be required by the City to present to the City or its agent in possession of the vehicle one or more of the following items: a certificate of title, bill of sale, or valid registration for the vehicle; a government -issued photo ID for the person claiming the vehicle; and/or a physical document showing proof of security against liability (insurance) for the vehicle in effect as of the date the vehicle is to be released from impound. In addition, the claimant shall pay to the City any and all civil penalties and costs of service of notice and shall pay to the facility holding the vehicle all fees and charges of towing and storage. 6-5-7: DISPOSAL OF UNCLAIMED OR ABANDONED VEHICLES: Any motor vehicle impounded pursuant to this chapter and not properly claimed by or on behalf of the owner, lienholder or other claimant within 10 days of the date of delivery of proper notice or the date of issuance of the hearing officer's decision, whichever is later, shall be deemed abandoned and may be Ordinance No. 5239 Page 6 disposed of as provided by Iowa law governing abandoned vehicles, without further notice. 6-5-8: EXCEPTIONS TO PENALTY: A vehicle owner shall not be subject to the civil penalty provided for in this chapter if either of the following applies: A. The vehicle in question was stolen at the time the police officer formed probable cause to believe the vehicle was subject to seizure, and the theft was officially reported to the appropriate law enforcement official as soon as the theft was discovered or reasonably should have been discovered; or B. The vehicle was operating as a common carrier, including but not limited to a taxicab or bus, and the violation occurred without the knowledge of the person operating the vehicle as a common carrier. 6-5-9: WAIVER AUTHORITY: A. The Chief of Police or his or her designee has the authority to waive seizure and impoundment of a vehicle or the civil penalty, costs, fees and charges involved in seizure and impoundment of a vehicle without a hearing if, in the sole discretion of the Chief or his or her designee, there is sufficient cause to believe that such waiver would be in the best interest of public safety and community welfare or that errors by an administrative agency led to the erroneous impoundment of a vehicle. B. In the matter of a stolen vehicle being reported to police, a criminal investigation will be conducted into the circumstances surrounding the theft before the waiver of any civil penalty, costs, fees or charges shall be authorized. Anyone found to have filed a false criminal report is subject to prosecution as otherwise provided by law. 6-5-10: CALCULATION OF TIME: For purposes of calculating notifications under this chapter, holidays recognized by the City of Waterloo and weekends shall be excluded. For purposes of calculating storage fees under this chapter, calendar days shall be used. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: September 15, 2014 September 15, 2014 September 15, 2014 September 15, 2014 Ordinance No. 5239 Page 7 PASSED AND ADOPTED this 15th day of September, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Schar City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5239 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 15th day of September, 2014. Witness my hand and seal of office this 15th day of September, 2014. SEAL Suzy Sc arr , CMC City Cl-rk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5239 AN ORDINANCE ADDING CHAPTER 5, CIVIL SEIZURE AND IMPOUNDMENT OF MOTOR VEHICLES, OF TITLE 6, MOTOR VEHICLES TO THE 2007 CODE OF ORDINANCES OF THE CITY OF WATERLOO, IOWA. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That Chapter 5, Civil Seizure and Impoundment of Motor Vehicles, of Title 6, Motor Vehicles, of the 2007 Code of Ordinances of the City of Waterloo, Iowa, be added as follows: CHAPTER 5 CIVIL SEIZURE AND IMPOUNDMENT OF MOTOR VEHICLES 6-5-1: STATEMENT OF POLICY: It is the policy of the City of Waterloo that motor vehicles used in connection with certain illegal conduct shall be subject to civil seizure and impoundment in accordance with the procedures set forth herein, so as to deter the use of vehicles as specified herein. 6-5-2: DEFINITIONS: For purposes of this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section: A. "Controlled substances" means any substance as defined and included in Sections 124.204, 124.206, 124.208, 124.210, or 124.212 of the Iowa Code. B. "Drug paraphernalia" means any equipment, products and materials as defined in Section 124.414 of the Iowa Code. C. "Eluding or attempting to elude a police officer" means any offense as defined in Section 321.279 of the Iowa Code. D. "Illegal prescription drug" means any drug or device limited to dispensation by prescription, as provided by Iowa Code section 155A.21, that was not lawfully dispensed within the meaning of Iowa Code chapter 155A to the party found in possession thereof or to the registered owner of the motor vehicle. E. "Intimidation with a dangerous weapon" means any offense as defined in Section 708.6 of the Iowa Code. F. "Lienholder" means any person or entity that has a recorded security interest, lien or other encumbrance that is noted on a vehicle's certificate of title or in public vehicle ownership records. Ordinance No. 5239 Page 2 G. "Operating a motor vehicle on a revoked or barred license" means an offense as defined in Sections 321.56, 321.218, or 321J.21 of the Iowa Code. H. "Operating a motor vehicle while under the influence of alcohol or drugs" means any offense as defined in Chapter 321J of the Iowa Code. I. "Owner" means any person or entity that is shown as the registered owner on the vehicle's certificate of title or public vehicle ownership records. J. "Precursor" means any substance as defined in 124.401(4) of the Code of Iowa. K. "Prostitution" shall have the same meaning as that provided in Iowa Code section 725.1. L. "Stolen property" means property obtained by theft, as such term is defined in Iowa Code section 714.1. M. "Weapons offense" means any offense as defined in Sections 708.6, 724.3, 724.4, 724.4A, 724.4B, 724.16A, 724.22, 724.26, 724.29, or 724.30 of the Iowa Code. 6-5-3: VEHICLES SUBJECT TO SEIZURE; PENALTY: A. Use of a motor vehicle in any manner specified in this subsection shall subject the motor vehicle to seizure, impoundment and civil penalty as provided in this chapter. 1. Using a motor vehicle while manufacturing, selling and/or delivering a controlled substance, precursor, drug paraphernalia and/or illegal prescription drug. 2. Using a motor vehicle while illegally manufacturing and/or selling a drug or device limited to dispensation by prescription. For purposes of this paragraph, the term "selling" includes delivery of the drug or device following said sale. 3. Operating a motor vehicle on a revoked or barred license. 4. Operating a motor vehicle while under the influence of alcohol or drugs. 5. Using a motor vehicle while eluding or attempting to elude a police officer. 6. Using a motor vehicle in connection with an offense described in Iowa Code section 321.261, whether or not the subject vehicle is actually used to leave the scene. 7. Using a motor vehicle while committing a weapons offense. Ordinance No. 5239 Page 3 8. Using a motor vehicle while engaged in prostitution or the solicitation thereof. 9. Using a motor vehicle while possessing or transporting stolen property. B. Unless otherwise specified in this chapter, the owner of such vehicle shall be liable to the City for a civil penalty of $250, for the cost of service of any notices, and for any and all fees and charges for towing and storage of the vehicle. 6-5-4: TOWING; NOTICE OF RIGHT TO ADMINISTRATIVE HEARING: A. Seizure; Initial Notice: Whenever a police officer has probable cause to believe a vehicle is subject to seizure and impoundment pursuant to section 6-5-3, the officer shall provide for the towing of the vehicle to a facility controlled by the City or its agent(s). When the vehicle is towed, the officer shall determine who, if anyone, was in control of the vehicle at the time of the events giving rise to probable cause for seizure and impoundment. The officer shall then notify that person, in writing, that the vehicle is being seized and that the owner or any lienholder has a right to an administrative hearing on whether the subject vehicle was in fact used as specified in section 6-5-3. The written notice shall also state that, pending any administrative hearing, the vehicle may be released as provided in this section. B. Notice: Within ten (10) days after a vehicle is towed, the City or its agent shall send written notification to each owner and lienholder of the vehicle, setting forth their right to request a hearing as provided in this section. Notice shall be sent by certified mail, return receipt requested, to the last known address of any owners and lienholders, or the notice may be personally served and either an affidavit of service prepared or written acknowledgement obtained from the party served. The notice shall describe the year, make, model and vehicle identification number of the vehicle, as well as state the location of the facility where the vehicle is being held. The notice shall also state that, pending any administrative hearing, the subject vehicle may be released as provided in this chapter. The notice shall state the penalties that may be imposed, including the fact that failure to reclaim the vehicle within the time allowed shall be deemed a waiver of all right, title, claim and interest in the vehicle or personal property and shall be deemed to be consent to sale of the vehicle at a public auction or disposal of the vehicle to a demolisher and to disposal of the personal property by sale or destruction. C. Release Pending Hearing: A vehicle that has been seized and impounded under this chapter may be released to the owner of the vehicle if the owner posts with the City a cash bond, in form acceptable to the police department Ordinance No. 5239 Page 4 record's division, in the amount of $250, pays the cost of service of any notices, and makes payment in full for the fees and charges of towing and storage of the vehicle, which payment shall be made to the party to whom the fees and charges are owed. D. Administrative Hearing: If the vehicle owner or a lienholder wishes to request an administrative hearing, said request shall be made in writing within ten (10) days of the date on which the notice provided for in subsection B above was either mailed or personally served upon the party requesting the hearing, and the request shall be delivered personally by the requestor to the Waterloo Police Department. If the owner or lienholder cannot appear in person, then a request for an administrative hearing can be made in any manner that is pre -approved by the Waterloo Police Department for that particular owner or lienholder. Any request for a hearing must include the address and telephone number at which the owner or lienholder is to be contacted regarding the hearing. Unless continued to a later date by order of the hearing officer, the hearing shall be scheduled and held within five (5) days after the request for a hearing is actually received by the Waterloo Police Department. If the request for hearing was made in a manner other than in person, notice of the scheduled hearing date and location shall be given in the same manner in which the request for hearing was received with pre -approval of the Waterloo Police Department as provided for herein. Notice of the scheduled hearing provided electronically, by fax or by mail shall be deemed given when sent. At the hearing, all interested parties shall be given a reasonable opportunity to be heard. Formal rules of evidence and procedure shall not apply, and hearsay evidence shall be admissible. The hearing officer shall not be an employee of the City of Waterloo. E. Decision: 1. The hearing officer shall render a decision based on a preponderance of the evidence. The decision of a hearing officer shall be deemed a final agency action and shall be subject to judicial review in accordance with Iowa law. Regardless of the outcome of the administrative hearing, the vehicle and all interested parties' rights to the vehicle and the personal property contents thereof shall be subject to all procedures set forth in this chapter with respect to the claiming and release of impounded vehicles, disposal of unclaimed vehicles and personal property, fees and charges, and applicable exceptions. 2. If the hearing officer determines that the vehicle was not used as specified in section 6-5-3, then the hearing officer shall order the return of the subject vehicle (or return of the cash bond if one was posted for release of the vehicle, allowing the City a Ordinance No. 5239 Page 5 reasonable time in which to do so), cancellation of the $250 civil penalty and no further imposition of any fine, fees, or charges relating to the impoundment. Any fees or charges other than the civil penalty which have accrued up to the time of such determination by the hearing officer, however, shall remain due and owing, and any such fees or charges owed to the City shall be deducted from any cash bond prior to the return of said cash bond. 3. If the hearing officer determines that the vehicle was used as specified in section 6-5-3, then the hearing officer shall order that the vehicle continue to be held in impound until the owner satisfies each condition for release of the vehicle, or until the vehicle is deemed abandoned. If a cash bond was posted and the vehicle released before the hearing, the hearing officer shall order the cash bond surrendered to the City as payment of the $250 civil penalty. 6-5-5: RELEASE TO LIENHOLDER: Notwithstanding any other provision of this chapter, whenever a lienholder of a vehicle impounded under this chapter has commenced foreclosure or replevin proceedings and provides to the City satisfactory proof of the commencement of such proceedings and of the lienholder's entitlement to immediate possession of the vehicle, possession of the vehicle shall be delivered to that lienholder if the lienholder provides written indemnification to the City for any and all claims of the lienholder, an owner or any third party arising out of the seizure, impoundment and possession of the vehicle pursuant to this chapter. 6-5-6: PROCEDURE FOR CLAIMING VEHICLES ELIGIBLE FOR RELEASE: A. If a vehicle seized under this chapter is eligible to be released, the person claiming the vehicle may be required by the City to present to the City or its agent in possession of the vehicle one or more of the following items: a certificate of title, bill of sale, or valid registration for the vehicle; a government -issued photo ID for the person claiming the vehicle; and/or a physical document showing proof of security against liability (insurance) for the vehicle in effect as of the date the vehicle is to be released from impound. In addition, the claimant shall pay to the City any and all civil penalties and costs of service of notice and shall pay to the facility holding the vehicle all fees and charges of towing and storage. 6-5-7: DISPOSAL OF UNCLAIMED OR ABANDONED VEHICLES: Any motor vehicle impounded pursuant to this chapter and not properly claimed by or on behalf of the owner, lienholder or other claimant within 10 days of the date of delivery of proper notice or the date of issuance of the hearing officer's decision, whichever is later, shall be deemed abandoned and may be Ordinance No. 5239 Page 6 disposed of as provided by Iowa law governing abandoned vehicles, without further notice. 6-5-8: EXCEPTIONS TO PENALTY: A vehicle owner shall not be subject to the civil penalty provided for in this chapter if either of the following applies: A. The vehicle in question was stolen at the time the police officer formed probable cause to believe the vehicle was subject to seizure, and the theft was officially reported to the appropriate law enforcement official as soon as the theft was discovered or reasonably should have been discovered; or B. The vehicle was operating as a common carrier, including but not limited to a taxicab or bus, and the violation occurred without the knowledge of the person operating the vehicle as a common carrier. 6-5-9: WAIVER AUTHORITY: A. The Chief of Police or his or her designee has the authority to waive seizure and impoundment of a vehicle or the civil penalty, costs, fees and charges involved in seizure and impoundment of a vehicle without a hearing if, in the sole discretion of the Chief or his or her designee, there is sufficient cause to believe that such waiver would be in the best interest of public safety and community welfare or that errors by an administrative agency led to the erroneous impoundment of a vehicle. B. In the matter of a stolen vehicle being reported to police, a criminal investigation will be conducted into the circumstances surrounding the theft before the waiver of any civil penalty, costs, fees or charges shall be authorized. Anyone found to have filed a false criminal report is subject to prosecution as otherwise provided by law. 6-5-10: CALCULATION OF TIME: For purposes of calculating notifications under this chapter, holidays recognized by the City of Waterloo and weekends shall be excluded. For purposes of calculating storage fees under this chapter, calendar days shall be used. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: September 15, 2014 September 15, 2014 September 15, 2014 September 15, 2014 Ordinance No. 5239 Page 7 PASSED AND ADOPTED this 15th day of September, 2014. nest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cl-rk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5239 as passed and adopted by the Council of the City of Waterloo, Iowa, on the 15th day of September, 2014. Witness my hand and seal of office this 15th day of September, 2014. SEAL Suzy chares, CMC City Clerk CITY OF WATERLOO, IOWA To: City Council Members Re: Notice of Severance CITY HALL Department Waste Management Services 715 MULBERRY STREET 50703 Today's Date: 9/3/2014 Effective Date: 8/28/2014 Employment Date: 7/1/1978 Job Title/Classification Maintenance Mechanic This is to report that the employment of Larry Levendusky with the City of Waterloo has been severed by reason of: 0 Retired Disability Related ❑ Resigned ❑ Termination ❑ Other G No ❑ Yes In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 132 $ 25.23 $ 3,330.36 Vacation -Current $ 25.23 $ - Usable Sick Leave 16 $ 25.23 (x) 25% $ 100.92 Frozen Sick Leave 797.5 , $ 25.23 (x) 60% $ 12,072.56 Personal Hours $ 25.23 $ Comp Time Pay $ 25.23 $ - Unscheduled Leave $ - Other Pay $ Total Payment $ 15,503.84 Comments: payout September 19, 2014 Approved by Human Resourc Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk Clerk's Office will forward(tcopy of approved form to 7 Council Agenda Date: ! / ❑ Accruals Date 9-3 3 " % �f Date (Copy in Personnel File) Department and Human Resources Updated 6/28/11 ❑Status ❑-9 Payment voucher prepared by: Pauline Clos! osson CITY OF WATERLOO 9002 PAYMENT VOUCHER A091514 September 9, 2014 Vendor Name Address City & State AE COM Grant/Project Code # Department: Engineering ************************************* Invoice Date Invoice No. Qty/Unit Amount Description G.L. Distribution 9/5/14 37470560 Est # 4 $1,233.77 Detension Basin Mod on Dry Run Creek CLOMR/LOMR Development for Hwy 20 Est No 4 City Contract # 842 8/2 - 8/29/14 TOTAL $1,233.77 Special Instructions 1 9/9/14 Submitted By Date Approved By An Equal Opportunity/Affirmative Action Employer 409-07-5300-2103 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 ACOM Invoice To: Mr. Eric Thorson City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Date: Project Number: Invoice No: Your Authorization: Professional Service Agreement Dated May 12, 2014 CLOMR/LOMR Development for Highway 20 Detention Basin Modifications on Dry Run Creek Progress Billing: August 2, 2014 through August 29, 2014 Classification Hours Amount Senior Professional 1.00 $223.45 Project Professional 0.00 0.00 Staff Professional 93.00 10,788.00 Professional 0.00 0.00 CAD/GIS Operator 0.00 0.00 Senior Technician 0.00 0.00 Technician 0.00 0.00 Project Support 4.25 328.53 Direct Expenses 5.00 Total Costs to Date $11,344.98 Less Previous Billing 10,111.21 TOTAL AMOUNT DUE $1,233.77 Invoice September 5, 201 60322218 37470560 Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 An Equal Opportunity/Affirmative Action Employer a N • N N N i n CO CO CO CO -a _1 s A 4- D D 0 0 (D n 0 (D 0 D r Cs) 03 C.)w 0) 0) -P. -P. 0)(b 0)00 CO CO CO CO 0) w w w � .r, -r � 003 0030)N O .Z O O 5 (D 77 N 3 C 7 () 7 (A co n n 0 0 a) N "di (D 63 CD (D 0 0 0 0 co (un (On Cncn (5. O. (fl•(O v 7 mOcoD D GG) -4 N N o▪ w U) U) c f N 0 •J A N N N 01 0 CO CO CO COO O O r:-:-.) O 0 O O 01 �I v J V (iii U) U) C1 W W 0) CO 0 0 O O O O O O N N N IV O - 0 - 0 W 0) W 0) O 0 v v r r m TI 0 0 O o v CO CO LOOS ldl LO L009 ldl LO a}ea aoionul 'ON aoionul * * 3 O c 0 CD C) -o O uoilnquisia 'TO m 0 0 G) 0 N-0 7 a) -0 3 O (D CD o0 0 a (D O I- r m 01 a. O (D O V -3-• (a bl-OZ '6 Jagwaades U) A _a CO O aullned i(q paaedaJd iayonon -<n m Z < ii 0C c O > _ -I mm r- 0 0 0 D O co 01 o - 0 A N.) A COM Invoice To: 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-027 'Z ] i Inv Date: August 28, 2014 Mr. Eric Thorson, P.E. Project Number: 60188622 City of Waterloo 715 Mulberry Street Invoice No: 37468934 Waterloo, Iowa 50703 Your Authorization: Advanced Notice to Proceed Dated November 12, 2010 Professional Services Agreement Dated July 18, 2011 Progress Billing: July 26, 2014 through August 22, 2014 Storm Water Lift Station Blower's Creek Direct Labor $187,129.54 Indirect Costs $298,644.56 Direct Expenses $5,658.76 Stantec $2,118.00 Terracon $3,110.50 Fixed Fee $63,088.66 Total Costs to Date $559,750.02 Less Previous Billing $531,080.42 Amount Due $28,669.60 TOTAL AMOUNT DUE $28,669.60 Dry Run Creek $80,490.19 $128,784.32 $312.96 $200.00 $0.00 $27,205.69 $236,993.16 $236,993.16 $0.00 Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 5°16 r9 Check Payment to: AECOM Technical Services, Inc. An AECOM Company 1178 Paysphere Circle Chicago, IL 60674 Federal Tax ID No. 95-2661922 ATTN : ERIC THORSON CITY OF WATERLOO WATERLOO WATERLOO, IA 50703 ACH Payment to: AECOM Technical Services, Inc. An AECOM Company Bank of America Account Number 5800937020 ABA Number 071000039 Wire Transfer Payment to: AECOM Technical Services, Inc. An AECOM Company Bank of America New York, NY 10001 Account Number 5800937020 ABA Number 026009593 SWIFT CODE BOFAUS3N ACOM 4840 Cox Road, Glen Allen, VA 23060 Tel: 804-515-8300 Fax: 804-515-8307 Invoice Date: 28 -AUG -14 Invoice Number: 37468934 Agreement Number: 60188622 Agreement Description: Payment Term: 30 DAYS Please reference invoice Number and Project Number with Remittance Project Number : 60188622 Bill Through Date : 26-JUL-14 - 22 -AUG -14 Project Name : WAT-Stormwater Pump Stations - Blower's Creek Labor Multiplier Employee Name/Title Allyn, Todd L Allyn, Todd L Allyn, Todd L Allyn, Todd L Bemhardt, Mary E Clough, Gloria M Clough, Gloria M Coselman, Barbara L Droste, Jason J Droste, Jason J Dunakey, Mathew J Everson, David R Everson, David R Greeneway, Gary R Greeneway, Gary R Hause, Darrell R Hokanson, Karl E Kimball, Daniel D (Dan) Kimball, Daniel D (Dan) Kimball, Daniel D (Dan) Kirsch, John M Kirsch, John M Lund, Theresa F Lund, Theresa F Lund, Theresa F Lund, Theresa F Lund, Theresa F Lund, Theresa F Lund, Theresa F Ryan, Donald J Schaefer, Daniel L (Dan) Wilke, William R Title/Expenditure Project Professional Project Professional Project Professional Project Professional Project Support Project Support Project Support Project Support CAD/GIS Operator CAD/GIS Operator Senior Technician Staff Professional Staff Professional Senior Professional Senior Professional Project Professional Senior Professional Staff Professional Staff Professional Staff Professional Project Professional Project Professional Senior Technician Senior Technician Senior Technician - Overtime Senior Technician Senior Technician Overtime Senior Technician Senior Technician Overtime Technician Professional Project Professional Total Labor Multiplier OverHead Markup Labor CPFF Total Reimbursable Date Hours Rate Raw Cost 01 -AUG -14 23.00 44.00 1,012.00 08 -AUG -14 19.00 44.00 836.00 15 -AUG -14 21.00 44.00 924.00 22 -AUG -14 14.00 44.00 616.00 01 -AUG -14 0.50 26.65 13.33 15 -AUG -14 1.00 32.00 32.00 22 -AUG -14 1.00 32.00 32.00 08 -AUG -14 0.75 26.65 20.00 08 -AUG -14 8.00 23.55 188.40 22 -AUG -14 5.00 23.55 117.76 01 -AUG -14 1.50 33.84 50.76 01 -AUG -14 6.75 37.23 251.31 08 -AUG -14 1.50 37.23 55.85 15 -AUG -14 0.25 60.96 15.24 22 -AUG -14 2.50 60.96 152.40 15 -AUG -14 6.00 43.83 262.98 01 -AUG -14 0.50 53.82 26.91 01 -AUG -14 2.00 40.00 80.00 08 -AUG -14 2.00 40.00 80.00 15 -AUG -14 2.00 40.00 80.00 15 -AUG -14 2.00 46.44 92.88 22 -AUG -14 2.00 46.44 92.88 01 -AUG -14 30.00 31.78 953.40 08 -AUG -14 41.00 31.78 1,112.30 08 -AUG -14 95.34 15 -AUG -14 27.00 31.78 730.94 15 -AUG -14 63.56 22 -AUG -14 31.00 31.78 699.16 22 -AUG -14 143.01 22 -AUG -14 5.00 27.25 136.26 01 -AUG -14 0.50 34.01 17.01 15 -AUG -14 2.00 46.08 92.16 258.75 9,679.66 Billed Amt 9,679.66 15,004.43 24,684.09 Expenditure Type Car Rental Mileage Mileage Mileage Mileage Mileage Repro, Photo & Blueprint Travel All Other EmploveeNendor Name Allyn, Todd L Lund, Theresa F Lund, Theresa F Allyn, Todd L Dunakey, Mathew J Lund, Theresa F ARC Allyn, Todd L Total Reimbursable Lump Sum Description Fixed Fee Labor Total Lump Sum Project Total : WAT-Stormwater Pump Stations Date 14 -AUG -14 27 -JUN -14 25-JUL-14 31-JUL-14 01 -AUG -14 15 -AUG -14 12 -AUG -14 14 -AUG -14 Inv Number EXP2727981 EXP2727259 EXP2727305 EXP2707441 EXP2712656 EXP2731594 11297ARC081214 EXP2727981 Billed Amt 38.30 185.36 190.96 156.80 4.48 158.48 32.31 49.14 815.83 Billed Amt 3,169.68 3,169.68 28,669.60 Invoice Summaries Total Current Amount : Retention Amount : Pre -Tax Amount : Tax Amount : 28,669.60 0.00 28,669.60 0.00 Total Invoice Amount : 28,669.60 Prepared by Pauline Closson CITY OF WATERLOO 9002 PAYMENT VOUCHER A091514 September 9, 2014 Vendor Address City & State Invoice Date AECom Invoice # Qty/Unit 8/27/14 37468592 Special Instructions: Batch No. Vendor: 5419 Keyed By: Department: Engineering Grant/Project Code# Amount Description G/L Distribution $ 5,804.32 Gatewell Repair Project - Black Hawk Creek & Cedar River City Contract 867 7/26 thru 8/22/14 Total $ 5,804.32 412-07-5600-2103 09/09/14 Date Approved By: Date An Equal Opportunity/Affirmative Action Employer 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 011111%* Date: August 27, 20 4j Qpe � � Project Number: 60313604 c:..".') y> Invoice No: 37468592 A=COM Invoice To: Mr. Eric Thorson City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Invoi Your Authorization: Professional Service Agreement Dated December 9, 2013 Gateweli Repair Project - Black Hawk Creek and Cedar River Waterloo, Iowa Progress Billing: July 26, 2014 through August 22, 2014 Classification Hours Amount Senior Professional 17.00 $3,765.96 Project Professional 110.00 $17,275.50 Staff Professional 21.00 $2,557.80 Professional 0.00 $0.00 CAD/GIS Operator 136.00 $9,860.53 Senior Technician 14.00 $1,372.28 Technician 14.00 $1,008.91 Project Support 28.00 $2,319.28 Direct Expenses $137.63 Total Costs to Date $38,297.89 Less Previous Billing 32,493.57 TOTAL AMOUNT DUE $5,804.32 Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 Voucher Prepared by Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A081814 August 8, 2014 Department Vendor AECOM Grant/Project Code # 07H63ENGR Address City & State ************************************* Invoice Date Invoice No. Qty/Unit Amount Description G.L. Distribution 8/27/14 18(37468572) $2,261.79 Cont 790 US Hwy 63 (Newell to Donald 290-07-7520-2103 Est 18 $565.45 On -Call Post Design Services est 18 411-07-7520-2103 7/26 - 8*/22/14 TOTAL 2,827.24 Special Instructions 9/9/14 Submitted By Date Approved By An Equal Opportunity/Affirmative Action Employer 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232- A COM Date: August 27, 2014 Invoice No. 18 (37468572) Invoice Period Covered: 07/26/14 through 08/22/14 Consultant Job No. 60288257 Labor Dollars Overhead Direct Expenses Mileage Copier Miscellaneous Ritland+Kuiper Landscape Architects Robinson Engineering Co. Subtotal Subtotal Rounded Fixed Fee Authorized Contingency Total Authorized Amount Total Billed to Date Remaining Authorized Balance Unauthorized Contingency AECOM Contract Estimate $30,962.40 49,539.84 0.00 114.00 260.00 9,800.00 10,400.00 $101,076.24 $101,075.00 10,850.00 0.00 $ 111,925.00 96,636.64 $15,288.36 $8,800.00 City of Waterloo US Highway 63 Improvements Newell Street to Donald Street On -Call Post Design Services Client Contact Eric A. Thorson, P.E. Federal Project No. NHSX-63-6(69) -3H-07 Cumulative to Date $28,367.62 43,362.46 31.03 244.15 12.50 8,285.00 7,009.00 Current Period $1,010.65 1,491.33 0.00 0.00 0.00 0.00 0.00 $87,311.76 $2,501.98 9,324.88 325.26 $96,636.64 $2,827.2 770 = 07o to% • %9 _ Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 Check Payment to: AECOM Technical Services, Inc. An AECOM Company 1178 Paysphere Circle Chicago, IL 60674 Federal Tax ID No. 95-2661922 ATTN : ERIC THORSON CITY OF WATERLOO 715 MULBERRY ST WATERLOO, IA 50703 ACH Payment to: AECOM Technical Services, Inc. An AECOM Company Bank of America Account Number 5800937020 ABA Number 071000039 Wire Transfer Payment to: AECOM Technical Services, Inc. An AECOM Company Bank of America New York, NY 10001 Account Number 5800937020 ABA Number 026009593 SWIFT CODE BOFAUS3N ACOM 501 Sycamore Street, Suite 222, Waterloo, IA 50703 Tel: 319-232-6531 Fax: 319-232-0271 Invoice Date: Invoice Number: Agreement Number: Agreement Description: 27 -AUG -14 37468572 TRN93122ET.1437946 WAT-HWY 63 INITIAL DESIGN Payment Term: 30 DAYS Please reference Invoice Number and Project Number with Remittance Project Number : 60288257 Bill Through Date : 26-JUL-14 - 22 -AUG -14 Project Name : WAT-US 63 CRS On -Call Newell to Donald Labor Multiplier Employee Name/Title Title/Expenditure Bernhardt, Mary E Project Support Clough, Gloria M Project Support Durbahn, Mark D Project Professional Durbahn, Mark D Project Professional Durbahn, Mark D Project Professional Frank, Gary A Staff Professional Lentz, Robert L Senior Professional Wiele, Larry E Project Professional Wiele, Larry E Project Professional Wiele, Larry E Project Professional Total Labor Multiplier OverHead Markup Labor CPFF Total Lump Sum Description Fixed Fee Labor Total Lump Sum Project Total : WAT-US 63 CRS On -Call Newell to Donald Date Hours Rate Raw Cost 01 -AUG -14 0.50 26.65 13.33 01 -AUG -14 1.00 32.00 32.00 01 -AUG -14 2.00 52.01 104.02 15 -AUG -14 3.00 52.01 156.03 22 -AUG -14 1.00 52.01 52.01 08 -AUG -14 2.00 40.04 80.08 01 -AUG -14 1.00 85.56 85.56 08 -AUG -14 1.00 54.18 54.18 15 -AUG -14 6.00 54.18 325.08 22 -AUG -14 2.00 54.18 108.36 19.50 1,010.65 Billed Amt 1,010.65 1,491.33 2,501.98 Billed Amt 325.26 325.26 2,827.24 Invoice Summaries Total Current Amount : Retention Amount : Pre -Tax Amount : Tax Amount : Total Invoice Amount : 2,827.24 0.00 2,827.24 0.00 2,827.24 Billing Summaries Billing Summary Billings Billing Total : Current 2,827.24 2,827.24 Prior Total 93,809.40 96,636.64 93,809.40 96,636.64 111,925.00 Remain 15,288.36 COUNCIL MEETING September 15, 2014 Topic Address Jodi Klein -319-610-2322 Kimball Ave. Road Construction 1039 Peoples Square Patrick Klein Kimball Ave. Road Construction 1039 Peoples Square Lyle Pratt Kimball Ave. Road Construction Bruce Kaesser Accessibility Issues 627 Sycamore St. Although apparently not believed by some, the intent of those of us asking questions are to improve Waterloo Animal Control. The previous questions asked were answered but raised a number of other questions such as: Do the Employees punch in and out to record their hours. Time sheets are public record are ones for Animal Control employees available for the public, say just the last three months. For the Contractual Animal Control trips to Cedar Falls being recorded by GPS. One other question in a different area: There is a desire to improve the opportunities for the use of bicycles within Waterloo, since they will now be officially on the streets, to assist with that and help revenue, has it been considered to institute placing bike licenses on the bikes. This would have a side benefit of cutting down bike theft. 1. A Step Ahead: Kris Marcks 2. Accupuncture & Chinese Medicine: Tara Anderson 3. ABC, Always Best Care of the Cedar Valley: Bryan McGlothin 4. Amosson Chiropractic: Kelly Amosson 5. Cost Cutters: Ashley 6. Eclipse Dental: Stephanie Barnett, Steve Wright, Steve Simon 7. Fareway: 1lf -e T0) 8. Farmer's State Bank: Ryan Risetter 9. Hearing Unlimited/ Black Hawk Hearing Aid Center: Sharon Smith 10. Heartland Homes: Mark Minard & Joan Rose 11. Heritage Art Gallery: Garland Angove 12. Iowa Securities Investment Corp: Aaron Martin 13. U's Neighborhood Grill: Lyle Pratt 14. Locke Funeral Home/ Kearns Funeral Service: Eric Locke 15. MidWest One: Tina Hummel 16. Oral & Maxillofacial Surgery; Michael Letkewicz 17. Pitze's Merle Norman: Elizabeth Haack 18. Prestige Quality Dry Cleaning: Pat & Jodi Klein 19. SNAP Fitness: Josh Bergeron 20. Spragg & Squires Dentistry: John Spragg & Ben Squires 21. Subway: Kevin Loy 22. TnK Health; John & Marilyn Bartels 23. UPS: Ann Brandt 24. US Bank: Vicki Stuber 25. Vanderloo Chiropractic: Lance Vanderloo; Linda Gill 9/15/2014 - Print Outiook.com Print Message From: Ryan Risetter (rrisetter@fsb1879.com) Sent: Mon 9/15/14 3:25 PM To: 'Jodi Klein' (prestigejodi@msn.com) Cc: Ryan Risetter (rrisetter@fsb1879.com) Close Jodi, I am not able to attend tonight's meeting, but I want to send my best wishes and let you know that I and our team here at FSB appreciate all your efforts on this matter. From our standpoint, we came into this project knowing that all construction projects do not go as planned, even when the weather does cooperate. But the lack of progress and activity has been extremely frustrating and irritating. Our employees, our clients, our tenants and our neighbors are all inconvenienced by this mess and the lack of access to area businesses is placing severe strain and hardship on those businesses. In addition, the lack of communication on all matters has only compounded the issues. FSB would like to be informed on a regular basis with: A realistic timeline of events, work schedule with access restrictions or road/lane closures. Advance notice of planned power outages. A detailed plan for winter traffic flow would be greatly appreciated. With how congested the area is at the present time, I hate to think of the nightmare it will be when we have 8 inches of snow on the ground with the current structure/scenario. Any delays or changes to previous communicated timelines or scheduled work. In regards to the payment for the easement and the land acquired, I inquired with my accounting staff and they informed me FSB has not received payment from the City of Waterloo. Good luck tonight & feel free to share my comments as you see fit. Ryan Ryan Risetter, MBA Vice President 1 Farmers State Bank I www.FSB1879.com (319) 240-0405 1 Cell (319) 874-4302 Direct (319) 287-3961 i Office (877) 372-1879 j Toll Free (319) 287-3966 r Fax e Us on Fac book "While valuing our post and leading into the future with technology and personal service, our focus is constant - the continued success of our customers and the communities we serve." This electronic transmission and any documents accompanying this electronic transmission contain confidential information belonging to the sender. This information may be legally protected. The information is intended only for the use of the individual or entity named above. If you are not the intended recipient or receive this message in error, you are hereby notified that any disclosure, copying, distribution or taking any action in https://bay182.mail.live.com/oI/mail.mvc/PrintMessages?mkt=en-us 1/2 9/15/2014 From: Kevin Loy (dlsubways@cfu.net) Sent: Mon 9/15/14 9:46 AM To: prestigejodi@msn.com Jodi, Outlook.com Print Message Close I am traveling and just now able to email so if it's not too late I'll send you this info to share with the city council. First , my name is Kevin Loy and I'm the president of D & L Subways Inc. which owns and operates the Subway on Kimball. I also have interest in the building that houses the Subway. We opened in March of 1991 on Kimball and we are fortunate to have several other local stores. Summer is our busier times and with the loss of business at Kimball we transferred six employees to our other locations indefinitely. This allowed us to keep them working but it also means that we didn't hire six new employees. hi our 25 years in business we have never laid any workers off, but will have to consider it as we approach our slower winter months especially if Brookridge remains closed. Our building is currently paying $25,550 in annual property tax, which breaks down to $491 a week or $70 a day. We realize that road construction is necessary however its the weeks on end without any work being done that is not understandable. Why are barricades installed then no work done for three weeks? Why is the concrete removed then no one works for seven weeks? We have half our building empty and available to rent and we are getting interest until they try to drive to the location. The first question every perspective tenant asks is "What is going on with Kimball and when will it be done? Last weeks perspective tenant left Waterloo in favor of Cedar Falls after viewing Kimball. Again road construction is necessary however when you see workers present and progress made on Logan, Highway 58 and others around the area it becomes very frustrating to see weeks go by and No one even working on Kimball. Respectfully Kevin Loy https://bay182.mail.live.com/oI/mail.mvc/PrintMessages?mkt=en-us 1/1 9/15/2014 Print Outlook.com Print Message From: Snap Fitness (josh.snapfitness@gmail.com) Sent: Mon 9/15/14 3:09 PM To: Jodi Klein (prestigejodi@msn.com) Hi Jodi, Close I really wish I could but I will not be able to attend tonight but I'd thought I would pass along my impact from this construction. For a comparison over the same range of dates: At our Cedar Falls location for the months of Aug to MTD from 2013 to 2014, Member Check -ins increased 7% over last year in the same time frame, New sign ups were the same amount. Our Waterloo location saw a 22% reduction in Member Check -ins over the same time frame with a 40% reduction in New Member sign-ups. We are obviously suffering as a result of this. What bothers me is not seeing much action. When I drive down the frontage road and I see 4 out of 5 guys standing around, it doesn't look good. While they are "running" their business, we are suffering. It doesn't look good. McDonald's managed to do a complete tear down and remodel before anything was even accomplished down on our end. If they aren't ready to work on it, then don't tear it up. Thanks for your time! Josh Bergeron Snap Fitness Waterloo Snap Fitness Cedar Falls Snap Fitness Independence https://bay182.mail.live.com/ol/mail.mvc/PrintMessages?mkt=en-us 1/1