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HomeMy WebLinkAbout02/09/2015Amended Council Agenda Items Council Meeting Monday, February 9, 2015 To correct amount provided in error on Resolutions No.7. 7. Resolution approving Completion of Project and Recommendation of Acceptance of work performed by Municipal Pipe Tool Company, LLC of Hudson, Iowa in the amount of $769,390.87 for the Sanitary Sewer Improvements Service Areas No. 15 and 16 - Phase I, Contract No. 866 and receive and file two (2) year maintenance bond. Submitted by Larry N. Smith, Waste Management Services Superintendent THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, February 9, 2015 5:30 PM CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291- 4323. 7. Citizens are encouraged to register with the Clerk's Office by 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. Page 1 of 64 Roll Call. Moment of Silence. Pledge of Allegiance Abraham Funchess, Human Rights Director Agenda, as proposed or amended. Minutes of February 2, 2015, Regular Session, as proposed. Recognition of Darryl Hartema as the February 2015 Team Member of the Month. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request from Cunningham Schools for a 5K Run/Walk to be held on May 2, 2015 from 9:00 - 10:00 a.m.. Submitted By: Joe Leibold, Captain of Police Services 3. Resolution preliminarily approving plans, specifications, form of contract, etc. and setting date of bid opening as February 26, 2015 and date of public hearing as March 2, 2015 for the F.Y. 2015 Asphalt Overlay Program, Contract No. 874; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted By: Jamie Knutson, PE, Associate Engineer 4. Resolution preliminarily approving specifications, bid documents, etc., and setting date of bid opening as March 5, 2015 and date of public hearing as March 9, 2015 for the FY2015 Upper Gates Shelter Project, and instruct City Clerk to publish notice of specifications, bid document, etc. Submitted By: Travis Nichols, Facilities/Project Manager 5. Resolution setting date of hearing as February 23, 2015 to approve request of Green Acres Storage, LLC to rezone 2.26 acres from "R-4, R -P" Planned Multiple Family Residence District to "B -P" Business Park District for the purpose of constructing a new 102,090 SF indoor storage facility, generally located east of 4015 Hurst Drive; and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 6. Resolution approving the request of Heartland Homes of Cedar Valley, LLC for tax exemptions on the construction of four (4) new 12-plex apartment buildings valued at $4,000,000 for the property located at 4002, 4004, 4006 and 4008 University Avenue and located within the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 7. Resolution setting date of public hearing as February 23, 2015 to approve a parking agreement with Agape Rehabilitation Agency, P.C., to lease 19 City owned parking spaces located adjacent to 403-405 Jefferson Street. Submitted By: Aric Schroeder, City Planner B. Motion to approve the following: Page 2 of 64 1 TRAVEL REQUESTS a. Bryan Foster Class/Meeting: Shade Tree Short Course and INLA Tradeshow Destination: Ames, IA Dates: 2/24/15 - 2/26/15 Amount not to exceed: $260.00 b. Eric Thorson, City Engineer Class/Meeting: 2015 American Public Works Association/ISOSWO Spring Conference Destination: West Des Moines, IA Dates: 3/25/15 - 3/27/15 Amount not to exceed: $485.00 c. Wayne Castle, Associate Engineer Class/Meeting: 78th Annual SLSI Land Surveyors Conference Destination: Ames, IA Dates: 3/5/15 - 3/6/15 Amount not to exceed: $355.63 2. LIQUOR LICENSES a. Trucker Bar, 1915 Bourland Avenue Class: C Liquor Renewal Application Includes Sunday Expiration Date: 12/12/15 b. Spicoli's, 3555 University Avenue Class: C Liquor, Outdoor Service Renewal Application Includes Sunday Expiration Date: 12/11/15 3. APPOINTMENTS a. Ronald W. Nielsen Board/Commission: Memorial Hall Commission Expiration Date: 3/31/2018 New Appointment b. Scott McDonald Board/Commission: Memorial Hall Commission Expiration Date: 3/31/2018 New Appointment 4. Motion to approve Application for Fireworks Display for Charles Majeske for Hairball Concert at McElroy Auditorium on February 13, 2015. 5. Motion to approve Application for Fireworks Display for Isle Capri Casino, 777 Isle Capri Boulevard, on February 19, 2015. 6. Recommendation of appointment of Justin Lamprecht to the position of Park Maintenance II Forestry in the Leisure Services Department effective February 10, 2015, subject to physical examination and drug screen. Submitted By: Paul Huting, Leisure Services Director RESOLUTIONS Page 3 of 64 2. Resolution approving Notice of Discontinuation from NPDES Coverage Under General Permit No. 2 to the Iowa Department of Natural Resources in conjunction with F.Y. 2014 Orange School Sanitary Sewer Extension, Contract No. 816; and authorize Mayor to execute said document. Submitted By: Jamie Knutson, PE, Associate Engineer 3. Resolution approving award of contract to Benton's Sand and Gravel of Cedar Falls, Iowa, in the amount not to exceed $514,955.64, in conjunction with F.Y. 2015 Geraldine Road - Phase III, Contract No. 871. Submitted By: Jeff Bales, Associate Engineer 4. Motion approving Change Order No. 3 for a net increase $7,274.17 for the LaPorte Road Pumping Station and Force Main, Contract No. 847. Submitted By: Larry N. Smith, Waste Management Services Superintendent 5. Motion approving Change Order No. 3 for a net increase of $75,950.09 for the F.Y. 2014 W. Airline Highway Rehabilitation, Contract No. 827; and authorize the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer 6. Resolution approving Completion of Project and Recommendation of Acceptance of Work for work performed by Iowa Erosion Control, Inc., of Victor, Iowa, at a total cost of $1,188,925.98, for the F.Y. 2014 W. Airline Highway Rehabilitation, Contract No. 827. Submitted By: Eric Thorson, PE, City Engineer 7. Resolution approving Completion of Project and Recommendation of Acceptance of work performed by Municipal Pipe Tool Company, LLC of Hudson, Iowa in the amount of $679,390.87 for the Sanitary Sewer Improvements Service Areas No. 15 and 16 - Phase I, Contract No. 866 and receive and file two (2) year maintenance bond. Submitted By: Larry N. Smith, Waste Management Services Superintendent 8. Resolution authorizing the Police Department to apply for a Governor's Traffic Safety Bureau Grant for the period of October 1, 2015 to September 30, 2016. Submitted By: Joe Liebold, Captain of Police Services 9. Resolution authorizing the City Clerk to certify against certain parcels unpaid snow removal, weed mowing and lot clean-ups. Submitted By: Larry N. Smith, Waste Management Services Superintendent 10. Resolution approving request by Otto and Kim Maclin of Anacapa Associates, LLC to cancel development agreement, and rescind Resolution No. 2014-919 for the sale of 506 Reed Street. All obligations contained in bid packet will be cancelled except the $1,000 escrow fee paid by Otto and Kim Maclin to be retained by the City. Submitted By: Noel Anderson, Community Planning & Development Director ORAL PRESENTATIONS ADJOURNMENT Motion to adjourn. Suzy Schares, CMC City Clerk/Human Resource Director Page 4 of 64 MEETINGS 5:00 p.m. Boards and Commissions Committee, Harold E. Getty Council Chambers 5:05 p.m. Human Resources Committee, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee Meeting, Harold E. Getty Council Chambers Page 5 of 64 City of Waterloo Finance Committee Open Invoice Report For February 09 2015 Approval Finance Committee Accounts Payable Open Invoice Report Total As of Friday, February 06, 2015 EFT Transactions: US Department of Housing and Urban Development -refund loan reserve Add: Wellmark Monthly Claims EFT Add: Wellmark Weekly Claims EFT Subtotal - as of Monday, February 09, 2015 Friday Total 1,414,341.78 896, 869.54 517,472.24 203,135.97 101,766.07 1,719,243.82 3,023.80 1,608.10 1,567,027.25 Workers Compensation Issued by TPA Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Payroll Bill Payment Total - Monday, February 09, 2015 Payment to Counc , members or related entities: 3,290,902.97 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY4;1� BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST “, STAFF ONLY v?lol# C'7 1830 /346 36 DATE 7 .7) Original - Clerk/Finance Cosy - be•artment NAME(S) AND POSITION(S): Wayne Castle Associate Engineer DATE: February 3, 2015 NAME OF CLASS / MEETING: 78th Annual SLSI Land Surveyors Conference DESTINATION: Ames, IA DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: March 5, 2015 RETURN DATE: March 6, 2015 DATE(S) OF MEETING: March 5-6, 2015 PURPOSE OF TRAVEL/TRAINING: 78th Annual SLSI Land Surveyors Conference WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: YES X COST $ NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 80.63 LODGING MEALS 275.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 355.63 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 266-07-7830-1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 355.63 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO &if l I AD J DEPARTME February 2, 2015 DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST MAYOR DATE 02- ( I /2 -6/r - WAYNE CASTLE From: Society of Land Surveyors of Iowa <noreply@jotform.com> Sent: Tuesday, February 03, 2015 8:39 AM To: WAYNE CASTLE Subject: Thank you for registering! Link to printer -friendly PDF copy of your registration to mail in with your check: Download Submission PDF Mail form with check to the Society of Land Surveyors of Iowa address below. (A, single check may cover more than one person's registration. Please include registration form print-out for each person.) Society of Land Surveyors of Iowa - 78th Annual SLSI Land Surveyors Conference; March 5-6, 2015 Question Answer Registrant's Name Wayne Castle Registrant's Company City of Waterloo Registrant's E-mail: wayne.castle@waterloo-ia.org Registrant's Phone (319) 2914312 Mailing Address Attending Awards Dinner? SLSI MEMBER Rates Registering by March 2 @ $275 SLSI MEMBER Rates (add'l people from same company) SLSI NON-MEMBER Rates Street Address: 715 Mulberry Street City: Waterloo State: Iowa Zip Code: 50703 Yes SLSI HONORARY/LIFE MEMBER Rates STUDENT Rates (Member) STUDENT Rates (NON -Member) Total Registration Fee Click to edit 275.00 1 Return form with check to: Society of Land Surveyors of Iowa 100 Court Avenue, Suite 203 Des Moines, IA 50309 Phone: 515.284.7055 E-mail: info@slsi.org 2 TRAVEL REQUEST CITY OF WATERLOO NAME(S) AND POSITION(S): Eric Thorson, City Engineer FINANCE DEPT. LINE ITEM USED FY " BUDGETED EXPENDED YTD STAFF ONLY 0/66 al 1830 /3 -fee, Sva 6(oa THIS REQUEST /gay LEFT AFTER THIS el REQUEST /36.2 DATE '' `e c?e/y---- Original - Clerk/Finance Co. - De••rtment NAME OF CLASS / MEETING: 2015 American Public Works Assoc./ISOSWO Spring Conference DEPARTURE DATE: March 25, 2015 DATE: February 3, 2015 DESTINATION: ..Water/otr, l7f" DEPARTURE POINT IF NOT WATERLOO: GU sr .0zs /226,/,46.s RETURN DATE: March 27, 2015 DATE(S) OF MEETING: March 26 - 27, 2015 PURPOSE OF TRAVEL/TRAINING: To attend American Public Works Assoc./Iowa Society of Solid Waste Operations Spring Conference WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $250.00 LODGING 50.00 MEALS 185.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 485.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 266-07-7830-1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 485.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO i 2 f Ati,(144-3 DEPARTMENT HEAD February 3, 2015 DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST (11 MA OR (Ij /?/J DATE 2015 APWA/ISOSWO Spring Conference - Confirmation I Online Registration by Cvent Page 1 of 1 CLICK HERE TO MAKE RESERVATIONS Registration Confirmation Name: Enc Thorson Email: eric.thorson@waterloo-ia.org Company: City of Waterloo Address: 715 Mulberry St Waterloo, Iowa 50703-5714 Number of People Registered: 1 Confirmation Number: PNNYPFDDSXT (needed to modify your registration) Event Title: 2015 APWA/ISOSWO Spring Conference Location: West Des Moines Sheraton 1800 50th Street West Des Moines, Iowa 50266 USA Phone: 1-515-223-1800 Current Registration Details Eric Thorson Registration For Name Cost Full Conference Registration $185.00 Order Summaries Order Date 01/29/2015 2:42 PM CTZ Type offline order Amt Ordered $185.00 Amt Paid $0.00 Amt Due $185.00 Total: $185.00 $0.00 $185.00 Refund & Cancellation Policy If cancellation is received on or before March 15th, your registration will be refunded less a $10 cancellation fee per registration item. No refunds will be issued after March 15th. If paying by check: Please make check payable to: APWA/ISOSWO Attn: Peggy Englehart P. O. Box 65320 West Des Moines, IA 50265-0320 https://www.cvent.com/Events/Registrations/MyRegistration.aspx?i=4a243 09f-ad3 5-40ce-... 1/29/2015 2015 APWA/ISOSWO Spring Conference - Home Online Registration by Cvent Page 1 of 1 Conference Summary March 26-27, 2015 The American Public Works Association (APWA) and Iowa Society of Solid Waste Operations (ISOSWO) share many interests, and are again partnering together for a joint Spring Conference .... an excellent event that you will NOT want to miss! Who attended LAST year? 2014 Spring Conference Attendee Listing Check out some photos from LAST year: 2014 Spring Conference Photos EDUCATIONAL SEMINARS Three tracks of seminars will be held and full conference attendees are welcome to choose what they would like to attend. The three tracks are geared to the interests of: APWA - American Public Works Association • ISOSWO - Iowa Society of Solid Waste Operations • New This Year. Managers/Supervisor Sessions (Thursday Only) CONFERENCE SCHEDULE: To view a tentative conference schedule of topics and speakers, please click on this link: Tentative Conference Schedule Vendor Exhibits RUBE'S STEAKHOUSE Thursday Banquet Expect a variety of exhibitor booths with the latest in equipment, technology, and information. Organizations interested in learning more about providing an exhibitor booth or sponsorship may select the EXHIBITOR BOOTH or SPONSORS Tabs above for more information and to register! This networking opportunity has become an extremely popular event! Tickets are required, which are included with Full Attendee Registration, and are available at a cost of $55 at the time of registration for exhibitors, those attending the Thursday Only sessions, and for guests. A free shuttle service will be provided to and from the WDM Sheraton and Rube's. PROFESSIONAL DEVELOPMENT - The Spring Conference has been planned in acco dance with the criteria established by the IE/CSEB for professional development hours (PD's). Conference Details When_ Thursday, March 26, 2015 - Friday, March 27, 2015 Where............................... _........................... _. West Des Moines Sheraton 1800 50th Street West Des Moines, Iowa 50266 1-515-223-1800 Organizer............................................................................................................ APWA / ISOSWO Spring Conference Committee Related..We.bsites........................................................................................ APWA - Iowa Chapter, APWA - National, ISOSWO Not A Member? We welcome you to attend the Spring Conference! If you'd like to consider becoming a member of either organization, please explore these links: Join APWA Here Join ISOSWO Here http://www.cvent.com/events/2015-apwa-isoswo-spring-conference/event-summary-06a06... 1/29/2015 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED L ii 31 4100 13ceep FY 0/5BUDGETED �3SC�✓ EXPENDED YTD 306- THIS vjTHIS REQUEST LEFT AFTER THIS 3v REQUEST „2 434 DATE 2220) „9- V -,20/5" - Original -,2 /5" -Original - Clerk/Finance Copy - Department NAME(S) AND POSITION(S): Bryan Foster DATE: 2/3/2015 NAME OF CLASS / MEETING: Shade Tree Short Course and INLA Tradeshow DESTINATION: Ames IA DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 2/24/15 RETURN DATE: 2/26/15 DATE(S) OF MEETING: 2/24/15 — 2/26/15 PURPOSE OF TRAVEL/TRAINING: Educational in the field of arboriculture. Collect CEU's for the required Certified Arborist status. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 100.00 LODGING TAXI MEALS PARKING 160.00 REGISTRATION AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 260.00 BUDGET LINE ITEM: 010-37-4100-1346 X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ 260.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST DEPARTMENT HEAD MAYOR 2147 I ,5 DATE DATE K:\Shared Goodies\ orms Travel Request Form January 2010 February 24-26, 2015 Scheman Building • Iowa State University • Ames, Iowa Participant Information \ LA L. Teok ro 4row 6U[LTv NAME FIRST MIDDLE INITIAL LAST E-MAIL PHONE DAYTIME EVENING FAX COMPANY/AFFILIATION ADDRESS CITY/STATE/ZIP Special Needs (dietary or mobility?) Please list below: It's Easy to Register! Online www.cpm.iastate.edu/shadetree Mail Conference Planning & Management 1601 Golden Aspen Drive Suite 110 Ames, IA 50010 Fax (515) 232-6716 REGISTER EARLY! Advanced registration is required due to the multiple workshop format of the Shade Tree Short Course. One and two-hour workshops are offered as well as the ICPI workshop. IOWA COUNTY Business Classification (check only one) ❑ Design professional U Nursery and landscape professional • Arborist ❑ Master Gardener ❑ Educator/student U State/municipal employee Registration Options Registration fee* Full time academic student or ISU staff* Optional ISU CEU Dinner and Auction, February 25 Professional Classification (all that apply) U Iowa Arborist Association ❑ Iowa Nursery & Landscape Association ❑ Iowa Golf Course Superintendents Association ❑ Iowa Professional Lawn Care Association U Iowa Sports Turf Managers Association ❑ American Society of Landscape Architects U Association of Professional Landscape Designers Optional lunch, February 26 Pesticide Applicator Recertification INLA Day Event Rates, February 24 ICNP Certification Exam** ICNP Certification Exam Retest** ICNP Continuing Education Program on or before Feb. 13 $160 $80 $25 $40 Adult $15 Child $16 $35 Member $75 $40 $15 *includes lunch on February 25 ** INLA will contact you with test preparation details. Method of Payment O Check — Make checks payable to Iowa State University ❑ Visa ❑ Mastercard ❑ Discover after Feb. 13 $210 $100 $25 $40 Adult $15 Child $16 $35 Non-member $150 $80 $15 TOTAL $ No refunds after February 20 CARDHOLDER NAME SIGNATURE Purchase Order (please attach a copy) CARD NUMBER EXP. DATE P.O. C BILLING ADDRESS ADDRESS CITY/STATE/ZIP For each session A through G, rank y e We will attempt to place you in your first choice, althO- ORGANIZATION IOWA COUNTY IN CARE OF / ATTENTION 15-0261 10 For every workshop session A through G, mark your first (1) through seventh (7) choice in the spaces provided. Wednesday, February 25, 2015 Session A Workshops, 1:00-2:00 p.m. - A-1. Overview of Giant Tree Transplantation Methods - A-2. The True Value of Trees - A-3. Tree Worker Incidents: The Who, What, How, and Why - A-4. Evolution and Introduction of Hardscapes into American Landscapes - A-5. Diagnosing Health Problems of Woody Plants* (two-hour session, do not select in session B) - Limit 30 - A-6. Smart Garden Design - Case Study - Limit 50 A-7. From Phobia to Philia - Our Fear and Love of Forests and Trees Session B Workshops, 2:15-3:15 p.m. - B-1. Shade Trees by Default - B-2. Nursery Stock - Are You Getting What You Pay For? - B-3. Protecting Ash Trees in Your Communities from Emerald Ash Borer* - B-4. Pollinators and Beneficial Insects and Landscape Management* - B-6. Quick Landscape Design Techniques - Limit 50 - B-7. Tree Cultivars of Starhill Forest Arboretum Session C Workshops, 4:00-5:00 p.m. - C-1. Shade Trees by Default - C-2. Identifying, Understanding, and Developing Ash Resistance to EAB* - C-3. Plant Collecting in the 21st Century - Is it Still Important? -- - C-4. Nursery Stock - Are You Getting What You Pay For? C-5. Hardscape Pricing & Presentation for Profit - C-7. Continuing Instructional Course for Pesticide Applicators** - Limit 50 Thursday, February 26, 2015 Session D Workshops, 8:30-9:30 a.m. - D-1. A Tale of Twenty Trees - D-2. Identifying, Understanding, and Developing Ash Resistance to EAB* _ D-3. Diagnosing Health Problems of Woody Plants* (two-hour session, do not select in session E)- Limit 30 D-4. A Prescription for Health: Designing Gardens for Healing D-5. Grafted Conifers for the Midwest Market D-6. Starting From the Roots Up D-7. Alive and Kicking: Maintaining Bedding Plants in the Retail Environment Session E Workshops, 9:45-10:45 a.m. - E-1. Overview of Giant Tree Transplantation Methods - E-2. At the Root - Moving Large Trees Economically - E-4. How Green Are You? Sustainability in the "Green" Industry - E-5. Protecting Ash Trees in Your Communities from Emerald Ash Borer* - E-6. Pollinators and Beneficial Insects and Landscape Management* - E-7. From Phobia to Philia - Our Fear and Love of Forests and Trees Session F Workshops, 11:00-12:00 p.m. (Noon) - F-1. Tree Cultivars of Starhill Forest Arboretum - F-2. At the Root - Moving Large Trees Economically F-3. Grafted Conifers for the Midwest Market - F-4. Champion Trees - F-5. Dormant Wood Grafting - Limit 30 - F-6. Introduction to LED Lighting F-7. Alive and Kicking: Maintaining Bedding Plants in the Retail Environment Session G Workshops, 1:15-2:15 p.m. - G-1. Dormant Wood Grafting - Limit 30 - G-2. Understanding Oak Hybridization - G-3. Winter Tree Identification - G-4. Champion Trees - G-5. Starting From the Roots Up - G-6. Introduction to LED Lighting - G-7. Continuing Instructional Course for Pesticide Applicators** - Limit 50 *Qualifying Pesticide Applicator Workshops **Required Pesticide Applicator Workshop Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-93 RESOLUTION APPROVING REQUEST OF DR. WALTER CUNNINGHAM SCHOOL FOR EXCELLENCE TO HOLD CUNNINGHAM 5K RUN/WALK EVENT ON MAY 2, 2015. WHEREAS, the Dr. Walter Cunningham School for Excellence has requested that they be allowed to hold a Cunningham 5K Run/Walk event on May 2, 2015, together with the approval of the Director of Safety Services, and WHEREAS, said event will begin at 9:00 a.m., with the route to start and end at Cunningham School. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the request of the Dr. Walter Cunningham School for Excellence to hold a Cunningham 5K Run/Walk event on May 2, 2015 beginning at 9:00 a.m., with the route to start and end at Cunningham School, be and the same is hereby approved. PASSED AND ADOPTED this 9th day of February, 2015. E-rnest G. Clark, Mayor ATTEST: uzy Sc ares, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-94 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE F.Y. 2015 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 874 AND FIXING THE DATE AND PLACE OF HEARING ON SAID PROJECT, AS MARCH 2, 2015, AT 5:30 P.M., IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. 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 Asphalt Overlay Program, Contract No. 874, in the City of Waterloo, Iowa, and WHEREAS, said City Engineer did file said plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2015 Asphalt Overlay Program, Contract No. 874. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That said proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2015 Asphalt Overlay Program, Contract No. 874, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. Section 2. 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 2nd day of March, 2015, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the F.Y. 2015 Asphalt Overlay Program, Contract No. 874, in the City of Waterloo, Iowa, with the taking of bids therefore. Section 3. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 9th day of February, 2015. 27(Ae--/, (17 Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, 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. 2015-95 RESOLUTION PRELIMINARILY APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE FY2015 UPPER GATES SHELTER PROJECT AND FIXING THE DATE AND PLACE OF HEARING ON SAID PROJECT, AS MARCH 9, 2015, AT 5:30 P.M., IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Leisure Services Director of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the FY2015 Upper Gates Shelter Project, in the City of Waterloo, Iowa, and WHEREAS, said Leisure Services Director did file said plans, specifications, form of contract, estimate of cost, etc., in conjunction with the FY2015 Upper Gates Shelter Project. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That said proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the FY2015 Upper Gates Shelter Project, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. Section 2. 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 9th day of March, 2015, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, estimate of cost, etc., in conjunction with the FY2015 Upper Gates Shelter Project, in the City of Waterloo, Iowa, with the taking of bids therefore. Section 3. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 9th day of February, 2015. ATTEST: Suzy Shares, CMC City C erk nest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-96 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF GREEN ACRES STORAGE, LLC OF MARION, IOWA TO REZONE APPROXIMATELY 2.267 ACRES OF LAND GENERALLY LOCATED EAST OF 4015 HURST DRIVE AND SOUTH OF WEST SAN MARNAN DRIVE FROM "R -4,R -P" PLANNED MULTIPLE FAMILY RESIDENCE DISTRICT TO "B -P" BUSINESS PARK DISTRICT, AS FEBRUARY 23, 2015, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA, AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, 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 23rd day of February, 2015, for the purpose of considering and acting upon an application of Green Acres Storage, LLC of Marion, Iowa to rezone approximately 2.267 acres of land generally located east of 4015 Hurst Drive and south of West San Marnan Drive from "R -4,R -P" Planned Multiple Family Residence District to "B -P" Business Park District, to allow for the construction of a new 102,090 square foot indoor storage facility, and legally described as follows: Lot 3 of Tower Park No. 6, City of Waterloo, Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 9th day of February, 2015. irk Ernest G. Clark, Mayor ATTEST: Suzy Shares, CMC City Clerk Prepared by Nancy Higby, Administrative Secretary, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291- 4323. RESOLUTION NO. 2015-97 RESOLUTION APPROVING APPLICATION WITH HEARTLAND HOMES OF CEDAR VALLEY, LLC FOR TAX EXEMPTIONS FOR THE CONSTRUCTION OF FOUR (4) NEW 12-PLEX APARTMENT BUILDINGS VALUED AT $4,000,000 FOR THE PROPERTY LOCATED AT 4002, 4004, 4006 AND 4008 UNIVERSITY AVENUE AND LOCATED WITHIN THE CONSOLIDATED URBAN REVITALIZATION AREA (CURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Heartland Homes of Cedar Valley, LLC has submitted an application dated January 30, 2015 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions for the construction of four (4) new 12-plex apartment buildings valued at $4,000,000.00 for property located at 4002, 4004, 4006 and 4008 University Avenue, more fully described as follows: Lots 1, 2 and 8, Centennial Second Addition, Black Hawk County, Iowa, except those parts of said Lots lying within the following description: Commencing at an iron pin (with LS Enp 3362) found, said pin being at the Northeasterly Corner of Lot 2 of Centennial Addition: thence S89°13'44"W along the Northerly line of said Lot 2, 201.15 feet to an iron pipe found at the Northwest corner of said Lot 2 and the Point of Beginning: thence S00°10'36"W, along the West line of said Lot 2, 60.34 feet to an iron pipe found: thence S00°01'03"W, along the West line of Lot 1 of said Centennial Addition 152.37 feet to an iron pin found, said pin also marks the Northeasterly Right -of -Way line of U.S. Highway 218 (University Avenue); thence N73°34'03"W, along said Right -of - Way line 309.71 feet to a point on the West line of Lot 4 of said Centennial Second Addition, which point is 5.70 feet N00°06'31"W of an iron pipe which marks the Original Southwesterly Corner of said lot 4 (the bearing along the Original Southwesterly line of said Lot 4 being N74°35'00"W, a recorded bearing); thence N00°06'31"W along the West line of said Lot 4, 308.01 feet to a point on the South line of Lot 2 of said Centennial Second Addition; thence N89°09'45"W, along said South line 2.55 feet; thence N35°34'55"W along the Northeasterly line of Lot 5 of said Centennial Second Addition 97.35 feet; thence N00°17'11"E 70.00 feet; thence S89°42'49"E, 85.00 feet; thence N00°17'11"E, 300.00 feet; thence S89°26'18"E. 478.54 feet to a Point on the Westerly Right -of -Way line of Progress Avenue; thence S00°17'11"W along said Right -of -Way line, 503.32 feet to the Northeast Corner of Lot 4 of said Centennial Addition; thence N88°58'35"W along the North line of said Lot 4, 201.13 feet; thence S00°17'11"W along the West line of said Lot 4 and Lot 3 124.20 feet to the Northwesterly corner of Lot 2 of said Centennial Addition and the Point of Beginning. and further except that part lying within Acorn Addition, Waterloo, Black Hawk County, Iowa, A Replat of Part of Lot 1, Centennial Second Addition, Waterloo, Black Hawk County, Iowa and further except Parcels "C" and "D" of Plat of Survey Doc. #2009-08043 as corrected by Affidavit Doc. #2009-08800. Resolution No. 2015-97 Page 2 and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area (CURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and WHEREAS, the construction of four (4) 12-plex apartment buildings respecting said property is in conformance with the Consolidated Urban Revitalization Area (CURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the construction of four (4) 12-plex apartment buildings on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Area (CURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following 10 -year partial exemption schedule: For the first year For the second year For the third year For the fourth year For the fifth year For the sixth year For the seventh year For the eighth year For the ninth year For the tenth year 80% 70% 60% 50% 40% 40% 30% 30% 20% 20% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. PASSED AND ADOPTED this 9th day o February, 2015 ATTEST: y S ares, CMC City C erk Er est G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-98 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON A PARKING AGREEMENT WITH AGAPE REHABILITATION AGENCY, P.C. OF WATERLOO, IOWA TO LEASE 19 CITY -OWNED PARKING SPACES LOCATED ADJACENT TO 403-405 JEFFERSON STREET, AS FEBRUARY 23, 2015, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA, AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, 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 23rd day of February, 2015, for the purpose of considering and acting upon a Parking Agreement with Agape Rehabilitation Agency, P.C. of Waterloo, Iowa to lease 19 City -owned parking spaces located adjacent to 403-405 Jefferson Street, and legally described as follows: Lot 6, Block 6, Original Plat on the West Side of the Cedar River, Waterloo, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this ATTEST: 9th day of February, 2015. J Ernest G. Clark, Mayor Suzy Sch City Cle res, CMC k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-99 RESOLUTION APPROVING NOTICE OF DISCONTINUATION OF A STORM WATER DISCHARGE COVERED UNDER IOWA NPDES GENERAL PERMIT NO. 2 FOR CONSTRUCTION ACTIVITIES WITH THE DEPARTMENT OF NATURAL RESOURCES AND DIRECTING EXECUTION OF SAID NOTICE OF DISCONTINUATION BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Notice of Discontinuation of a Storm Water Discharge covered under Iowa NPDES General Permit No. 2 for Construction Activities dated February 7, 2015, in conjunction with the F.Y. 2014 Orange School Sanitary Sewer Extension, Contract No. 816, by and between the Iowa Department of Natural Resources and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 9th day of February, 2015. ATTEST: ilik.C.4115 Suzy Shares, CMC City Clerk Ernest G. Cla k, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-100 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO BENTON'S SAND AND GRAVEL OF CEDAR FALLS, IOWA, IN THE AMOUNT OF $514,955.64, AND APPROVING CONTRACT, BONDS AND CERTIFICATE OF INSURANCE IN CONJUNCTION WITH THE F.Y. 2015 GERALDINE ROAD - PHASE III, CONTRACT NO. 871. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds and Certificate of Insurance with Benton's Sand and Gravel of Cedar Falls, Iowa, in the amount of $514,955.64, in conjunction with the F.Y. 2015 Geraldine Road - Phase III, Contract No. 871, described in the plans and specifications heretofore adopted by this Council for said project in Resolution No. 2014-1038, after public hearing on December 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 9th day of February, 2015. ATTEST: Suzy Sc City Cl ares, CMC rk Ernest G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-101 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY IOWA EROSION CONTROL, INC. OF VICTOR, IOWA, FOR THE F.Y. 2014 WEST AIRLINE HIGHWAY REHABILITATION, CONTRACT NO. 827, ACCEPTING THE WORK, AND RECEIVING AND FILING TWO-YEAR MAINTENANCE BOND. WHEREAS, Iowa Erosion Control, Inc. of Victor, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $1,188,925.98, in connection with the F.Y. 2014 West Airline Highway Rehabilitation, Contract No. 827, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the two-year maintenance bond be received and filed. PASSED AND ADOPTED this 9th day of February, 2015. ATTEST: sL Ernest G. Clark, Mayor Suzy S hares, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-102 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY MUNICIPAL PIPE TOOL COMPANY, LLC OF HUDSON, IOWA, FOR SANITARY SEWER IMPROVEMENTS SERVICE AREAS NO. 15 AND 16 - PHASE I, CONTRACT NO. 866, ACCEPTING THE WORK, AND RECEIVING AND FILING TWO-YEAR MAINTENANCE BOND. WHEREAS, Municipal Pipe Tool Company, LLC of Hudson, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $769,390.87, in connection with Sanitary Sewer Improvements Service Areas No. 15 and 16 - Phase I, Contract No. 866, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the two-year maintenance bond be received and filed. PASSED AND ADOPTED this ATTEST: 9th day of February, 2015. Suzy Schares, CMC City Clerk r est G. Clark, ayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-103 RESOLUTION APPROVING APPLICATION WITH IOWA GOVERNOR'S TRAFFIC SAFETY BUREAU (GTSB) FOR IMPAIRED DRIVING INCENTIVE GRANT AND DIRECTING EXECUTION OF SAID APPLICATION BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the application dated February 9, 2015, for an Impaired Driving Incentive Grant to be used for the purchase of equipment, educational materials, training, and overtime for impaired driving enforcement, for the period of October 1, 2015 to September 30, 2016, by and between the Iowa Governor's Traffic Safety Bureau (GTSB) and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 9th day of February, 2015. hest G. Clark, Mayor ATTEST: Suzy Scares, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-104 RESOLUTION AUTHORIZING THE CERTIFICATION AGAINST CERTAIN PARCELS FOR UNPAID WEED MOWING FEES, UNPAID JUNK PROPERTY CLEANUP FEES AND UNPAID SIDEWALK SNOW REMOVAL FEES IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Iowa Code Section 364.12(3)(h) allows municipalities to certify unpaid weed mowing fees, unpaid junk property cleanup fees and unpaid sidewalk snow removal fees to the benefited property as a lien. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk be and the same hereby instructed to certify to the Black Hawk County Treasurer all unpaid weed mowing fees, unpaid junk property cleanup fees and unpaid sidewalk snow removal fees as contained in the schedule now on file in the City Clerk's office. PASSED AND ADOPTED this 9th day of February, 2015. Ernest G. Clark, Mayor ATTEST: Suzy Sch City Cle, k res, CMC Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2015-105 RESOLUTION CANCELLING DEVELOPMENT AGREEMENT WITH OTTO AND KIM MACLIN OF ANACAPA ASSOCIATES, LLC, AND RESCINDING RESOLUTION NO. 2014-919 IN ITS ENTIRETY AUTHORIZING THE SALE AND CONVEYANCE OF CITY -OWNED PROPERTY LOCATED AT 506 REED STREET TO OTTO AND KIM MACLIN. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement with Otto and Kim Maclin of Anacapa Associates, LLC be cancelled, with obligations contained in the bid packet cancelled except the $1,000 escrow fee paid by Otto and Kim Maclin to be retained by the City. BE IT FURTHER RESOLVED, that Resolution No. 2014-919 authorizing the sale and conveyance of City -owned property located at 506 Reed Street to Otto and Kim Maclin, be and the same, hereby rescinded in its entirety. PASSED AND ADOPTED this 9th day of February, 2015. rnest G. Clark, Mayor ATTEST: Suzy Schres, CMC City Cl rk Letter of Transmittal TO: Mr. Larry Smith Water Pollution Control Facility 3505 Easton Avenue Waterloo, Iowa 50702 WE ARE SENDING YOU: ll Attached ❑ Shop Drawings El Copy of Letter ❑ Prints ❑ Change Order AECOM DATE: March 3, 2015 I JOB ID NO. 60323440 ATTENTION: RE: CIP Phase I Maintenance Bond ;'-' jr ❑ Under Separate Cover Via ❑ Plans ❑ Samples O Maintenance Bond j y �J J the Following, 8mt:%`i`' ❑ Specifications THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For Approval El For Your Use ❑ As Requested ❑ For Review and Comment ❑ For Bids Due REMARKS: 20 ❑ Approved as Submitted ❑ Approved as Noted ❑ Returned for Corrections ❑ Resubmit Copies for Approval ❑ Submit _ Copies for Distribution El Return Corrected Prints ❑ Prints Returned After Loan to Us COPY TO: CGO:blc 501 Sycamore Street, Suite 222 SIGNED: If enclosures are not as noted, kindly notify us at once. • P.O. Box 1497 • Waterloo, Iowa 50704-1497 Christopher G. Oelkers, PE • (319) 232-6531 • Fax: (319) 232-0271 Copies Date No. Description 1 12/01/2014 4 Original Maintenance Bonds for Service Areas No. 15 and No. 16, Phase I THESE ARE TRANSMITTED AS CHECKED BELOW: ❑ For Approval El For Your Use ❑ As Requested ❑ For Review and Comment ❑ For Bids Due REMARKS: 20 ❑ Approved as Submitted ❑ Approved as Noted ❑ Returned for Corrections ❑ Resubmit Copies for Approval ❑ Submit _ Copies for Distribution El Return Corrected Prints ❑ Prints Returned After Loan to Us COPY TO: CGO:blc 501 Sycamore Street, Suite 222 SIGNED: If enclosures are not as noted, kindly notify us at once. • P.O. Box 1497 • Waterloo, Iowa 50704-1497 Christopher G. Oelkers, PE • (319) 232-6531 • Fax: (319) 232-0271 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That, Municipal Pipe Tool Co., LLC of as Principal, and the Merchants Bonding Company (Mutual) Bond No. IAC583357 Hudson. IA are held and firmly hound unto City of Waterloo, Iowa as Surety, in the penal sum of Seven Hundred Sixty Nine Thousand Three Hundred Ninety Dollars and 87/100 ($ 769,390.87 ) Dollars, lawful money of the United States of America, for the payment of which, well and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Whereas, the said Principal entered into a certain contract. with City of Waterloo, Iowa To furnish all the material and labor necessary for the construction of Sanitary Sewer Improvements, Service Areas No. 15 and 16, Phase I CIP Pipe Lining, City Contract No. 866 in Waterloo, IA In conformity with certain specifications; and Whereas, a further condition of said contract is that the said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Two ( 2 ) years from the date of acceptance of the work under said contract; and Whereas, the said Merchants Bonding Company (Mutual) for a valuable consideration, has agreed to join with said Principal in such bond or guarantee. indemnifying said City of Waterloo, Iowa Now, therefore, the condition of this obligation is such, that if the said Principal shall, at his own cost and expense, remedy any and all defects that may develop in said work within the period of Two ( 2 ) years from the date of acceptance of the work under said contract, by reason of bad workmanship or poor material used in the construction of said work, and shall keep all work in continuous good repair during said period, and shall in all other respects. comply with all the terms and conditions of said contract with respect to maintenance and repair of said work, then this obligation to be null and void; otherwise to be and remain in full force and virtue in law. In Witness whereof, we have hereunto set our hands and seals this day of December , 2014, 1st Municipal Pipe Tool Co.�,�LLC )� ,, 13y: fr tYipal Sharon Waschkat Chief Operations Officer Merc nts Bonding Cony Mutual) i Sur one - oung / o ' ey-ln- ac °L'• 1933 tz MERCHANTIN\ BONDING COMPANY, POWER OF ATTORNEY Know All Persons By These Presents, that MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., both being corporations duly organized under the laws of the State of Iowa (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint, individually, Dione R. Young its true and lawful Attorney -in -Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following surety bond: Surety Bond #: IAC583357 Principal: Municipal Pipe Tool Co., LLC Obligee: City of Waterloo, Iowa and to bind the Companies thereby as fully and to the same extent as if such bond or undertaking was signed by the duly authorized officers of the Companies, and all the acts of said Attorney -in -Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This Power -of -Attorney is made and executed pursuant to and by authority of the following By -Laws adopted by the Board of Directors of the Merchants Bonding Company (Mutual) on April 23, 2011 and adopted by the Board of Directors of Merchants National Bonding, Inc., on October 24, 2011. "The President, Secretary, Treasurer, or any Assistant Treasurer or any Assistant Secretary or any Vice President shall have power and authority to appoint Attorneys -in -Fact, and to authorize them to execute on behalf of the Company, and attach the seal of the Company thereto, bonds and undertakings, recognizances, contracts of indemnity and other writings obligatory in the nature thereof. The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attorney or Certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company, and such signature and seal when so used shall have the same force and effect as though manually fixed." In Witness Whereof, the Companies have caused this instrument to be signed and sealed this 23rd day of July, 2014. STATE OF IOWA COUNTY OF POLK ss. m <l.'ORP09 ; •'9': • y.:,' -o- fi. : :a: 1933 . .: .tib., . ,,: By MERCHANTS BONDING COMPANY (MUTUAL) MERCHANTS NATIONAL BONDING, INC. 7: President On this 23rd day of July , 2014 before me appeared Larry Taylor, to me personally known, who being by me duly sworn did say that he is President of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC.; and that the seals affixed to the foregoing instrument is the Corporate Seals of the Companies; and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. In Testimony Whereof, I have hereunto set my hand and affixed my Official Seal at the City of Des Moines, Iowa, the day and year first above written. STATE OF IOWA COUNTY OF POLK ss. 0 z 'Ow?, WENDY WOODY ; Commission Number 784654 My Commission Expires June 20, 2017 Notary Public, Polk County, Iowa I, William Warner, Jr., Secretary of the MERCHANTS BONDING COMPANY (MUTUAL) and MERCHANTS NATIONAL BONDING, INC., do hereby certify that the above and foregoing is a true and correct copy of the POWER-OF-ATTORNEY executed by said Companies, which is still in full force and effect and has not been amended or revoked. In Witness Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 1st day of December , 2014 , POA 0007 (7/14) ��"pC1ON4 ��.?(31?-:67:•4:0\ -�N CO ° 01L ,`'''. P79 q� mo/y �� 4 .t -0- :C -.t -:` _p_ R`: s %'. ; �cZj _ 6'` 1933 c) •—* • Secretary •2003 , :y•• �>%;•......;0$`,�, .•. ,��a':' e 4rrrnn,rUp11