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HomeMy WebLinkAbout05/02/2011 Amended Council Agenda Items Council Meeting Monday, May 2, 2011 END Change because the incorrect contract information was given for the agenda 16. Resolution approving Notice of Discontinuation from NPDES Coverage Under General Permit 2 to the Iowa Department of Natural Resources in conjunction with F.Y. 2009 Big Rock Road Bridges Replacement with Culverts, Contract No. 739; and authorize Mayor to execute said document. Submitted by Dennis Gentz, P.E., Assistant City Engineer THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, MAY 2, 2011 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer-centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse,family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The 'oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these 'general rules". 4. You may speak one(1)time per item for a maximum of three(3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: St. Edward's School 6th Grade Students. May 2, 2011 Page 2 Agenda, as proposed or amended. Minutes of April 25, 2011, Regular Session, as proposed. Swearing-In of the following Police Officers: Jamey L. Cox, Marc D. Moore, Troy J. Wilson and Kyle T. Jurgensen. Recognition of May Team Member of the Month -Ella Ellis 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, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees: Address Amount to certify 415 Thompson Avenue $1,955.00 204 Baltimore Street $450.00 209 Shilliam Avenue $1,600.00 2126 West 3rd Street $1,550.00 2132 West 3rd Street $3,450.00 Submitted by Dennis Clark, General Manager of Waterloo Water Works b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed 1. Investigator Joe Critical Des Moines, May 9- $343.04 Saunders Infrastructure & Iowa 11, Key Resource 2011 Protection Assistance Program training May 2, 2011 Page 3 2. Bob Osgood, Chief Continuing Waterloo, April 16, $120.00 Plumbing Education - Iowa 2011 Inspector Plumbing Code 3. Sergeant Brian Transport Bomb Marion, May 24- $491.00 Hoelscher; Officer Squad Incendiary Arkansas 25, Shawn Bram Devices 2011 4. Officer Michael Glock Armorer Bettendorf, May 10, $470.00 Girsch; Officer School Iowa 2011 Darin Rulapaugh 5. Recommendation of appointment of Alan Bainbridge to the position of Waste Water Operator, effective May 9, 2011 pending a pre-employment exam. Submitted by Larry N. Smith, Waste Management Services Superintendent 6. Recommendation of appointment of Daniel Baker to the position of Engineering Technician, effective May 16, 2011 pending a pre-employment exam. Submitted by Eric Thorson, P.E., City Engineer 7. Recommendation of appointment of Scott Paeper to the position of Equipment Operator I, effective May 16, 2011. Submitted by Mark Rice, Public Works Director 8. Recommendation of appointment of Debbie Ernst to the position of Equipment Operator I, effective May 16, 2011. Submitted by Mark Rice, Public Works Director Class B Beer License Permit Application 9. All Golf Center, 1850 W. Ridgeway Avenue (Renewal) (Expires 4/15/12) (Includes Sunday Sales) 10. Lost Island Waterpark, Inc., 2225 E. Shaulis Road (New) (6 month license- 5/1/11 to 11/1/11) (Includes Sunday Sales) Class C Beer License Permit Application 11. CVS/Pharmacy #8546, 2068 Logan Avenue (Renewal) (Expires 5/31/12) (Includes Sunday Sales) Class A Liquor License Permit Application 12. The Sunnyside Country Club, 1600 Olympic Drive (Renewal) (Expires 4/13/12) (Includes Sunday Sales) May 2, 2011 Page 4 Class C Liquor License Permit Application 13. Hickory House, 315 Park Road (Renewal) (Expires 5/23/12) 14. Gates Park Golf Shop, 820 E. Donald Street (Renewal) (Expires 5/10/12) (Includes Sunday Sales) 15. Hwy 63 Diner, 3030 Mamie Avenue (Renewal) (Expires 5/31/12) (Includes Sunday Sales) 16. Waterloo Expo Services Corp., 317 W. 3rd Street (New) (Expires 12/31/11) (Includes Sunday Sales) Class E Liquor License Permit Application 17. CVS/Pharmacy #8546, 2068 Logan Avenue (Renewal) (Expires 5/31/12) (Includes Sunday Sales) Special Class C Beer/Wine License Permit Application 18. Waterloo Bucks, 850 Park Road (New) (6 month license-5/5/11 to 11/5/11) (Includes Sunday Sales) Class B Wine License Permit Application 19. Hwy 63 Diner, 3030 Mamie Avenue (Renewal) (Expires 5/31/12) (Includes Sunday Sales) 20. CVS/Pharmacy #8546, 2068 Logan Avenue (Renewal) (Expires 5/31/12) (Includes Sunday Sales) Outdoor Service Area Application 21. All Golf Center, 1850 W. Ridgeway Avenue 22. Lost Island Waterpark, Inc., 2225 E. Shaulis Road 23. The Sunnyside Country Club, 1600 Olympic Drive 24. Gates Park Golf Shop, 820 E. Donald Street 25. Waterloo Expo Services Corp., 317 W. 3rd Street 26. Waterloo Bucks, 850 Park Road Second Hand Goods Dealers License Application 27. Jeffrey Parson of THR &Associates, Inc. Vehicle For Hire Business License Application 28. Dolly's Taxi LLC 29. Bonds May 2, 2011 Page 5 PUBLIC HEARINGS 2. Rehabilitation of Apron Phase 3A at Waterloo Regional Airport Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the 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 open and read bids and refer to Airport Director for review. Submitted by Bradley Hagen, Airport Director 3. F.Y. 2011 MidPort Boulevard Extension - Phase II, Contract No. 802 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the 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 open and read bids and refer to City Engineer for review. Submitted by Jeff Bales, Associate Engineer 4. 4 Year Lease Agreement with Michael Cook in the amount of$855.00 to farm approximately 9 acres of land located along the north side of Martin Luther King, Jr. Drive, east of the City View Heights Neighborhood, and west of the Northeast Industrial Park Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution approving lease agreement Submitted by Aric Schroeder, City Planner 5. RealIocation of up to $100,000.00 of General Obligation Bonds, Series 2006A and Series 2007A to pay the costs for the clearance, upgrading and improvement of the RiverLoop Expo Grounds 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 institute proceedings to take additional action and approve said reallocation. Submitted by Michelle Weidner, Chief Financial Officer May 2, 2011 Page 6 RESOLUTIONS 6. Resolution approving Request to Release of Real Estate Mortgage for Loren F. Steimel and Ruth M. SteimeI of 10542 Kimball Avenue for payment of Promissory Note in conjunction with the Kimball South Rural Water Main Project; and authorize Mayor to execute said document. Submitted by Dennis Clark, General Manager of Waterloo Water Works 7. Resolution approving Request to Release of Real Estate Mortgage for Marsau Garms, Ltd. of 8321 Hammond Avenue for payment of Promissory Note in conjunction with the Kimball South Rural Water Main Project; and authorize Mayor to execute said document. Submitted by Dennis Clark, General Manager of Waterloo Water Works 8. Resolution approving engaging of Berens-Tate Consulting Group to complete required arbitrage testing for the general obligation bonds issued in 2006 in an amount not to exceed $3,500.00. Submitted by Michelle Weidner, Chief Financial Officer 9. Resolution approving the use of up to $275,000.00 of Rath Urban Renewal Area Tax Increment Financing funds for the construction of a rail spur for Secor Investments, LLC generally located in the Rath Urban Renewal Area. Submitted by Michelle Weidner, Chief Financial Officer 10. Resolution approving the use of up to $100,000.00 of Downtown Tax Increment Financing funds for the acquisition of property generally located in the Downtown Urban Renewal Area. Submitted by Michelle Weidner, Chief Financial Officer 11. Resolution approving Bonds and Certificates of Insurance with Kelly Demolition, LLC of Mount Vernon, Iowa Demolition and Site Clearance Services (no regulated asbestos-containing materials) Group 1 in connection with Public Assistance (PA) demolition activites of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project. Submitted by Aric Schroeder, City Planner 12. Resolution approving Acceptance of Purchase Offer for: 3.57 acres of vacant wooded land adjacent to 302 N. Hackett Road, Parcel No. 8913-16- 351-045, The Avis Family Trust, in the amount of$4,284.00; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner 13. Resolution approving 3 Year Lease Agreement with Black Hawk County Board of Supervisors for the use of Cloverdale Park located at Longfellow Street and Midland Street; and authorize Mayor and City Clerk to execute said document. Submitted by Paul Huting, Leisure Services Director May 2, 2011 Page 7 14. Resolution approving a farm lease agreement with Bar Lee Farms, Ltd. to farm approximately 3.35 acres of land generally located at the northwest corner of West Shaulis Road and Ansborough Avenue at $145.00 per acre for a total yearly payment of$485.75; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning& Development Director 15. Resolution approving a farm lease agreement with Rousselow Bros. Farms. Inc. to farm approximately 31 acres of land generally located at the northwest corner of West Ridgeway Avenue and Martin Road at $120.00 per acre for a total yearly payment of$3,720.00; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 16. Resolution approving Notice of Discontinuation from NPDES Coverage Under General Permit 2 to the Iowa Department of Natural Resources in conjunction with F.Y. 2010 Geraldine Road, Contract No. 767; and authorize Mayor to execute said document. Submitted by Jeff Bales, Associate Engineer 17. Resolution approving Professional Service Agreement with The Samuels Group, Inc. of Waterloo, Iowa for concrete replacement at Fire Stations Nos. 1, 3, 4 and 6 in an amount not to exceed $11,050.00 plus and additional 7 percent of the actual construction costs not to exceed $500.00; and authorize Mayor to execute said document. Submitted by Craig Clark, Building Official/Maintenance Administrator 18. Resolution approving agreement with In Vision Architects of Waterloo, Iowa for architectural services in conjunction with Waterloo Public Market Build Out Phase in an amount not to exceed $30,000.00; and authorize Mayor to execute said document. Submitted by Rick Curran, Leisure Services Facilities Manager 19. Resolution approving Contract for the Disaster Recovery Equipment Reimbursement Assistance Program for Midtown Development at 501 Sycamore Street, in the amount of$59,309.00; and authorize Mayor to execute said document. Submitted by Aric Schroeder, City Planner 20. Resolution setting date of hearing as May 23, 2011 to approve proposed repairs in conjunction with the Sidewalk Inspection and Repair Program - Zone 1; and approve request to send out notification to property owners of proposed sidewalk repairs and estimate of costs. Submitted by W. Wayne Castle, PLS, El, Associate Engineer May 2, 2011 Page 8 21. Resolution setting date of hearing as June 6, 2011 for the acquisition or condemnation of agricultural property required for the West Shaulis Road/Ansborough Avenue Reconstruction Project; and rescinding Resolution No. 2011-308 in its entirety. Submitted by Aric Schroeder, City Planner ORDINANCES 22. Installation of 5 Minute Loading Zone Between Signs in the 1100 block of W. 5th Street at Irving School Motion to receive,file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by repealing Subsection (7) Fifth Street (W) of Section 549, Loading Zones; and enacting in lieu thereof a new Subsection (7) Fifth Street (W) to Section 549, Loading Zones Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Sandie Greco, Traffic Operations Superintendent OTHER COUNCIL BUSINESS 23. Motion approving request to receive and place on file the 2011-2015 Resource Enhancement and Protection Plan. Submitted by Paul Huting, Leisure Services Director 24. Purchase of 2011 Track Loader and Attachments Motion to instruct Leisure Services Director to prepare plans, specifications, bid document, etc. Motion to receive and file plans, specifications, bid document, etc. Resolution preliminarily approving plans, specifications, bid document, etc. Resolution instructing City Clerk to publish notice of plans, specifications, bid document, etc. and taking of bids. Set date of hearing and bid opening as May 16, 2011. Submitted by JB Bolger, Golf& Downtown Area Maintenance Manager ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk May 2, 2011 Page 9 MEETINGS Monday, May 2, 2011 5:00 p.m. - Finance Committee, Council Chambers 5:05 p.m. - Council Work Session, Council Chambers PUBLIC INFORMATION 1. Communication from Public Works Director transmitting resignation of Michelle Olsson, Administrative Secretary, effective April 8, 2011, together with recommendation of payment of$768.86 for unused vacation, sick leave and personal hours. 2. Northeast Iowa Response Group minutes of March 3, 2011 on file in the City Clerk's office. 3. Waterloo Water Works Board of Trustees minutes of April 20, 2011 on file in the City Clerk's office. { o TU C T E? W'L00 CITY OF AD NUMBER PAGE NO. *�✓ lJJX r'1\ CLERK'S OFFICE 1349453 1 of 1 715 MULBERRY WATERLOO, IA 50703 BILL DATE SALESPERSON 319-291-4323 05/18/11 _ kitta START DATE STOP DATE 05/18/11 05/18/11 AD NUMBER _ AD DESCRIPTION CLASS LINES 1349453 PUB 5/17 MAY 2ND MEETIND AND BILLS 0950 LEGAL NOTICE 923 Publication Insertions Rate Net Amount Gross Amount 3 WATERLOO/CEDAR FALLS COURIER- 1 LEGAL $400.58 TOTAL AD CHARGE $400.58 Purchase Order May 2nd mtg PAY THIS AMOUNT $400.58 $400.58 COURIER COMMUNICATION; Please send only the payment slip with payments. Allow 5 business days c/o LEE NEWSPAPERS for payment to be applied to account. For legal questions, please call PO BOX 540 319-291-1411 or 800-798-1741 Mon-Fri 8:00-5:00 pm CST. 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ANVdW00 ABDIH 0V1:13d SAS OO ADu3N3 CINI 1SWVOIW all Roll call vote-Ayes: Six.Absent:Green too Leisure a wood. r call Roll call vote-Ayes: Six.Absent:Green- tad and upon approval Resolution adopted and upon approve LIT pa�uTad aadedSMau !>,T Tep e wood. ed No.2011:341. by Mayor assigned No.2011-354. alp uT a S T nd S eM a.7 T�O'[.I Nal Resolution adopted and upon approval �2i�.LKM p u Tq by Mayor assigned No.2011-354. _ at ',Resolution,ordelin9 Getty/Hart that "Resolution approvin, ing Getty/Hart that "Resolution approving conjunction with RAra- a farm lease agreement with Bar LesrPTIg QNK QNIrLHHIAI QNZ �KW LT/5 and ha- a farm lease agreement with Bar Lee - n Phase 3A at Waterloo Farms, Ltd.to farm approximately 3.3. loo Farms, Ltd. to farm approximately 3.35 " be adopted. Roll tall acres of land generally located at thr :all acres of land generally tl at the Abserrt'Greenwood. northwest corner of West Shaulis Roar northwest corner of West cated the pted and upon apprO al and Ansborough Avenue at$145.05pe,{auue ai -j '�'2'q .ZeaMS ILTuLllaTOS Op I val and Ansborough Avenue at$145.00 per d led Nd.2011-342. acre forato[al yearly payment of$485.75 acreforatotal yearly payment of$485.7er receive,file and instnct an tl authorize Mayor and City Clerk to ex uct and authorize Mayor and City Clot/to ex- or and read bids and rem acute said document-Submitted by Noe Aar acute said document-Submitted Noel or for review: - Anderson,Community Planning&Devel Alunop 3[Me$ }{O'L'T g. Anderson,Community Planning&by N el• d Bid Amount opment Director",be adopted. Roll ca Ty roup LLC vote-Ayes: Six.Absent:Greenwood. 'VMOI ZO `a:S..` iLS opment Director",be adopted. Roll call aries City,Iowa 5055- Resolution adopted and upon approve vote-Ayes: Six.Absent:Greenwood. .00 by Mayor assigned No.2011-355. , w 16- Resolution adopted and upon approval - by Mayor assigned No.2011-355. April 25, 2011 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m. , on Monday, April 25, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Harold Getty, Ward 3 Council Member. 136343 - Hart/Schmitt that the Agenda, as amended adding a class b beer license application, for the Regular Session on Monday, April 18, 2011, at 5:30 p.m., be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 136344- Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 18, 2011, be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Mayor Clark read and presented a Proclamation declaring April 25th to April 30th as National Community Development Week to Rudy Jones, Community Development Director. Mayor Clark read and presented a Proclamation declaring the week of May 1st as Municipal Clerks Week to Suzy Schares, City Clerk. CONSENT AGENDA 136345- Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-60, dated April 25, 2011, in the amount of $4, 548,309.38, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2011-311. 2. Request of Anthony Bradfield for an asphalt driveway to be located at 807 Anthony Street, together with recommendation of approval of City Engineer- Submitted by Eric Thorson, P.E. , City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2011-312. 3. Request of Martha Johnston for a concrete driveway to be located at 3624 Inverness Road, together with recommendation of approval of City Engineer- Submitted by Eric Thorson, P.E. , City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2011-313. 4. Request of William Kolsrud for a concrete driveway to be located at 1343 Wallgate Avenue, together with recommendation of approval of City Engineer-Submitted by Eric Thorson, P.E. , City Engineer. Resolution adopted and upon approval by Mayor assigned No. 2011-314 . 5. Request to designate April 25-30, 2011 as National Community Development Week to commemorate 37 years of funding through the Community Development Block Grant program in the City of Waterloo, Iowa-Submitted by Rudy Jones, Community Development Director. 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Motion carried. Mayor Clark recognized the three new hires and welcomed them to the City. Mayor Clark noted that Mark Rice has been appointed as the Public ,Works Director. Steve Decker was recognized for his 37 years of service to the City. PUBLIC HEARINGS 136346 - Schmitt/Welper that proof of publication of notice of public hearing on Purchase of Traffic Signal Equipment, Williston at Baltimore & Williston at West 9th Street, Traffic Safety Improvements TRF-161, as published in the Waterloo Courier on April 18, 2011, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 136347 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Welper that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 136348 - Schmitt/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of Traffic Signal Equipment, Williston at Baltimore & Williston at West 9th Street, Traffic Safety Improvements TRF-161", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-316. 136349 - Schmitt/Welper that "Resolution authorizing to proceed in conjunction with Purchase of Traffic Signal Equipment, Williston at Baltimore & Williston at West 9th Street, Traffic Safety Improvements TRF-161", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-317. 136350 - Schmitt/Welper to receive, file and instruct City Clerk to open and read bids and refer to Superintendent of Traffic Operations for review: Bidder Bid Amount Brown Traffic Products, Inc. 736 Federal St, Suite 2312 $43, 031.00 Davenport, Iowa 52803 General Traffic Controls, Inc. 1963 330th St, Suite B $49, 414. 15 Spencer, Iowa 51301 Traffic Control Corporation P.O. Box 1051 $40, 917.00 Ankeny, Iowa 50021 Voice vote-Ayes: Seven. Motion carried. 136351 - Hart/Greenwood that proof of publication of notice of public hearing on Request of ConTrol for a site plan amendment to the "M-2, P" site plan for a new industrial warehousing building for ConTrol generally located at Lot 18, Northeast Industrial Park Plat No. 3, as published in the Waterloo Courier on April 18, 2011, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 136352 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Greenwood that the hearing be closed and file recommendation of approval of Planning, Programming and Zoning Commission. Voice vote-Ayes: Seven. Motion carried. 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Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-326. 136362 - Welper/Schmitt that "Resolution setting date of hearing as May 9, 2011 to approve request by City of Waterloo to rezone approximately 1.63 acres of land located at the former Lafayette Elementary site at 2265 Lafayette Street from "R-3" Multiple Residence District to "R-1, R-P" Planned Residence District; and instruct City Clerk to publish said notice-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-327. 136363 - Hart/Welper that "Resolution setting date of hearing as May 9, 2011 to approve request by City of Waterloo to rezone approximately 7.40 acres of land located at the Edison Elementary site at 740 Magnolia Parkway, located along the west side of Magnolia Parkway, directly to the north of Falls Avenue from "R-2" One and Two Family Residence District to "R-1, R-P" Planned Residence District; and instruct City Clerk to publish said notice-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-328. 136364 - Hart/Welper that "Resolution setting date of hearing as May 9, 2011 to approve the request of D & J Investments for the sale and conveyance of city-owned land abutting 3900 Alexandria Drive at a cost of $10, 970. 61 plus costs for the purpose of building a 3-stall garage on the property; and authorize City Clerk to publish notice of same-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-329. 136365 - Hart/Welper that "Resolution setting date of hearing as May 9, 2011 to approve a Development Agreement for OFI Properties, LLC, including the sale and conveyance of city- owned property approximately 2. 48 acres of land, generally located on GT Drive in the Northeast Industrial Park, for the purpose of construction of a new 17, 500 sq. foot industrial building with a minimum taxable value of $510, 000; and authorize City Clerk to publish notice of same-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-330. 136366 - Getty/Hart that "Resolution approving recommendation of award of contract to Americlean of Waterloo, Iowa in the amount of $125, 686 in conjunction with Five Sullivan Brothers Convention Center Duct and Coil Cleaning-Submitted by Craig Clark, Building Official/Maintenance Administrator", be adopted. Roll call vote-Ayes: Seven. Craig Clark, Building Official, explained that this would to be the ductwork inside the building. It is a different type of system from what is at City Hall so it does not use chemicals. Resolution adopted and upon approval by Mayor assigned No. 2011-331. 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Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-338. 136376 - Greenwood/Schmitt that Change Order No. 2 for a net decrease of $5,877.18 for work performed by Vieth Construction Corp. , of Cedar Falls, Iowa in conjunction with F.Y. 2008 Donald Street Trail, Contract No. 700-Submitted by Jeff Bales, Associate Engineer, be received, placed on file and approved. Voice vote-Ayes: Seven. Motion carried. 136377 - Welper/Cole that request from Martin Luther King, Jr. Peace Walk Committee to use Washington Park as a site for the Martin Luther King, Jr. Peace Walk Memorial, together with recommendation of denial of the Waterloo Leisure Services Commission- Submitted by Paul Huting, Leisure Services Director, be received, placed on file and denied. Roll Call vote-Ayes: Five. Nays: Two (Jones, Hart) . Motion carried. Prior to a vote the following discussion was heard: Mayor Clark explained that the committee has done a fantastic job of designing a memorial to honor Martin Luther King, Jr. The preferred location by the committee for this memorial is Washington Park. The Leisure Services Commission has recommended denial of the request to use Washington Park for the memorial. The request was then forwarded to Council in January. The item was then tabled by the City Council. Alternate locations have been looked at but the Leisure Services Board did not vote to place the item back on their agenda. Council has since made a motion to bring the item off the table. Frieda Weems, 635 Independence Ave., Vice-Chair Cedar Valley Peace Walk Memorial, introduced the Committee and the supporters for the project. Ms. Weems gave an overview of the timeline of events that brought this vision of the memorial together. She asked for support of the project. Geraldine Brown, 1649 Heath Street, Waterloo, spoke in support of the project. Keith Clark, 866 Sunrise Blvd. , Waterloo, spoke in support of the project. Mason Fromm, 1922 Grand Boulevard, Cedar Falls, Iowa, Chairperson for Cedar Valley Peace Walk Committee, spoke in support of the location for the project. Mike Allen, spoke in support of the project. Anna Mae Weems, 634 Independence Ave. , spoke in support of the project. Reverend Al Sampson, spoke in support of the project. Jons Olsson, 1972 Newell Street, with the Historic Preservation Committee spoke in opposition of the location for the project. Mary Potter, 207 Leland Avenue, spoke in opposition of the project. Jeff Kurtz, Main Street Waterloo, spoke in support of the project. Mr. Jones questioned the ability of Council to approve the design and an agreement for maintenance. Paul Huting, Leisure Services Director, reported that the once a site was chosen their would be design approval and an agreement would be presented to Council. Larry Kurtz, 906 Bremer Road, Waverly, Iowa. From the HTS Architects, Architect for the project, reported that the Council and Leisure Services would have design oversight. Mr. Hart asked that the concerns for the gardens be taken into account when making decisions on the design. Mr. Greenwood questioned funding. , xze{D AgT3 sazegos ins •paTI.xeo uoTgo[ •uanas :ssAv-egos aoToA ur d TO:L gp uznoCpe TTounoD aqg gegg eT0D/4aeg - 6L£9£T ammunoray auoN S OIJIrsMasaxd zYo •goaCoad aqg go gaoddns uT axods gzeg xW •uoTgeooT aqg pup 3TPM aoead aqg ;o gzoddns uT axods ggTunpos •zN •uoTgeooT aqg gSUTebe sT gnq goaCoad aqg go IOAPJ UT sT aq pagegs Aggas •zN • •uasogo sr agTs e aOUO gzegs TTTM 51TsTezpun; pup suoTgeuop egenTzd uioz; aq TTTM UOTTTTm 9•ZS go gunowe aqg uT buTpun3 aqg pagpgs 'unuozg UoseN 8 abed TTOZ 'SZ TTzdv CITY OF WATERLOO Council Communication City Council Meeting: May 2, 2011 Prepared: Daniel J. Trelka Dept. Head Signature: # of Attachments: SUBJECT: Swearing in of new police officers Submitted by: Daniel J.Trelka, Director of Safety Services Recommended City Council Action: Four new police officers have been hired by the City of Waterloo - requesting Mayor Clark to swear them in at the May 2, 2011 City Council meeting JAMEY L. COX MARC D. MOORE TROY J. WILSON KYLE T. JURGENSEN Summary Statement: Expenditure Required: Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO Council Communication City Council Meeting: May 2., 2011 Prepast, Dept. Signature: 2u e:2011 /�� Dept. Head Signature: (�/ # of Attachments: N/A SUBJECT: May Team Member of the Month Submitted by: Buck Clark, Mayor Recommended City Council Action: Acknowledgement of Recognition Summary Statement The City of Waterloo is proud to announce that Ella Ellis has been named May's Team Member of the Month. She has worked for the City since November 18, 1985 and is currently a Clerk II in the City Clerk's Office. She distinguished herself by providing service above and beyond what is normally expected in the day-to-day performance of her job duties. Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO Council Communication City Council Meeting: May 2, 2011 Prepared: April 25, 2011 Dept. Head Signature: Dennis Clark # of Attachments: 1 SUBJECT: Request to certify assessment of work performed by the Waterloo Water Works at 5 locations (Consent agenda item) Submitted by: Dennis Clark, General Manager of Waterloo Water Works Recommended City Council Action: Adopt resolution approving communication from the General Manager of the Waterloo Water Works transmitting request to certify repair amounts for work performed by the Waterloo Water Works. Address Amount to certify 415 Thompson Avenue $1,955.00 204 Baltimore Street $450.00 209 Shilliam Avenue $1,600.00 2126 West 3rd Street $1,550.00 2132 West 3rd Street $3,450.00 Summary Statement: The Board of Trustees of the Waterloo Water Works adopted a resolution at their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of the Waterloo Water Works. Expenditure Required: No City funds are required for this action. The Water Works pays for the repairs to the private service lines, and recovers the cost of the repairs through this assessment process. Source of Funds: Waterloo Water Works operating funds,generated from water sales. Policy Issue: Alternative: Background Information: WATERLOO WATER WORKS DENNIS D.CLARK,P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-62R0 TRUSTEES: TERRY M.KUNTZ,Chair General Manager WATERLOO,IOWA 50704 7AX.319..2 32-1062 RODGER L.BURRIS,Vice-chair MARY H.POTTER April 25, 2011 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, April 20, 2011. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $1,955.00, which is supported by invoice from American Veterans Plumbing, LLC, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 415 Thompson Avenue, which is located on Lot No. 5 in Block 5 in James Virden's Addition to the town of Waterloo in the County of Black Hawk, State of Iowa, and owned by Elnora Parsons. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 2 It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure WATERLOO WATER WORKS DENNIS D.CLARK,P.E. 325 SYCAMORE STREET • P.Q.BOX 27 319-232-5280 TRUSTEES: TERRY M.KUNTZ,Chair General Manager WA.TFRLOO,IOWA 50704 FAX 319.732 1952 RODGER L.BURRIS,Vice chair MARY H.POTTER April 25, 2011 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, April 20, 2011. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of$450.00, which is supported by invoice from Al Gordon Plumbing and Heating, L.C., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 204 Baltimore Street, which is located on the Northwesterly One-half of Lot 10 in Block 9, in Whitney and Sedgwick's Addition, to the City of Waterloo, Iowa and owned by Korey J. Nosko as deed holder and Michael Laws, as contract purchaser. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 2 It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure WATERLOO WATER WORKS DENNIS D.CLARK,P.E. 325 SYCAMORE STREET RO.BOX 27 319-232-6280 TRUSTEES: TERRY M.KUNTZ,Chair General Manager WATERLOO,IOWA 50704 FAX:319-232-1962 RODGER L.BURRIS,Vice chair MARY H.POTTER April 25, 2011 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, April 20, 2011. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of$1,600.00, which is supported by invoice from Al Gordon Plumbing and Heating, L.C., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 209 Shilliam Avenue, which is located on all of lot two (2), block two (2), except the west 16 feet, Shilliams 3rd Subdivision, Waterloo, Iowa, Black Hawk County, and owned by Union Missionary Baptist Church. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 2 It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General_Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure • WATERLOO WATER WORKS DENNIS D.CLARK,P.E. 325 SYCAMORE STREET • P.O.BOX 27 319-232-6280 TRUSTEES: TERRY M.KUNTZ,Chair General Manager WATERLOO,IOWA 50704 FAX:319-232-1962 RODGER L.BURRIS,Vice-chair MARY H.POTTER April 25, 2011 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, April 20, 2011. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of$1,955.00, which is supported by invoice from American Veterans Plumbing, LLC, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to make the repairs to the service line at 2126 W. 3`d Street, which is located on Lot No. Eleven (11) in Block No. Three (3), in Home Park Second Addition in the City of Waterloo, Iowa, Black Hawk County, and owned by Thomas R. Mulnix and Denise M. Mulnix. WHEREAS, the property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owners, the owners voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 2 It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure WATERLOO WATER WORKS DENNIS D.CLARK,P.E. 325 SYCAMORE STREET • P.O. 30X 27 319-232-6280 TRUSTEES: TERRY M.KUNTZ,Chair General Manager WATERLOO,,OWA 50704 FAX:319-232-1962 RODGER L.BURRIS,Vice chair MARY H.POTTER April 25, 2011 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor& Council: The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, April 20, 2011. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $3,450.00, which is supported by invoice from American Veterans Plumbing, LLC, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 2132 W. 3rd Street, which is located on the East Fifteen and fifty-nine one hundredths (15.59) feet of Lot No. Nine (9) and Lot Ten (10) of Block Three (3), in Home Park Addition to the City of Waterloo, Black Hawk County, Iowa, and owned by Diane L. Brooks f/k/a Diane L. Savage. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 2 It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS .tom , Dennis D. Clark, P.E. General Manager DDC/cm Enclosure • This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-340 RESOLUTION MAKING ASSESSMENT FOR WORK PERFORMED BY THE WATER WORKS. WHEREAS, the Board of Water Works Trustees of the City of Waterloo, Iowa, did, as provided by law, notify by written notice the property owner of the premises described below to have the repairs completed and further damage prevented, and WHEREAS, the property owner failed to comply with the order of the Board of Water Works Trustees, as by law provided, and WHEREAS, the Board of Water Works Trustees proceeded to have the work done on the premises described below, in the City of Waterloo, Iowa, to comply with Ordinance No. 1118 of the City of Waterloo, Iowa, and WHEREAS, the Board of Water Works Trustees filed with the City Clerk on the 25th day of April, 2011, a report filing claim for the repairs and preventing further damage at the below described premises and same met all the requirements of the City ordinance and have been fully completed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the said report of the Board of Water Works Trustees be, and the same is hereby, approved; that the work was done under and by virtue hereby, accepted, and that the cost of said work is hereby determined to be as follows, which amount can be assessed over a ten-year period against the property: Elnora Parsons, Owner 415 Thompson Avenue, Waterloo, Iowa Legal Description: Lot No. 5 in Block 5 in James Virden' s Addition to the town of Waterloo in the County of Black Hawk, State of Iowa. Unpaid Assessment : $1, 955 . 00 Korey J. Nosko, Deed Holder Michael Laws, Contract Purchaser 204 Baltimore Street, Waterloo, Iowa Legal Description: Northwesterly One-half of Lot 10 in Block 9, in Whitney and Sedgwick' s Addition, to the City of Waterloo, Iowa. Unpaid Assessment: $450 . 00 Union Missionary Baptist Church, Owner 209 Shilliam Avenue, Waterloo, Iowa Legal Description: All of Lot Two (2) , Block Two (2) , except the West 16 feet, Shilliams 3rd Subdivision, Waterloo, Iowa, Black Hawk County. Resolution No. 2011-340 Page 2 Unpaid Assessment : $1, 600 . 00 Thomas R. Mulnix and Denise M. Mulnix, Owners 2126 W. 3rd Street, Waterloo, Iowa Legal Description: Lot No. Eleven (11) in Block No. Three (3) , in Home Park Second Addition in the City of Waterloo, Iowa, Black Hawk County. Unpaid Assessment : $1, 550 . 00 Diane L. Brooks f/k/a Diane L. Savage, Owner 2132 W. 3rd Street, Waterloo, Iowa Legal Description: East Fifteen and fifty-nine one hundredths (15 . 59) feet of Lot No. Nine (9) and Lot Ten (10) of Block Three (3) , in Home Park Addition to the City of Waterloo, Black Hawk County, Iowa. Unpaid Assessment: $3, 450 . 00 BE IT FURTHER RESOLVED that there be, and are hereby assessed and levied a special tax and assessment against the property improved in the City of Waterloo, Iowa, said assessment shall bear interest from the date of levy of the assessment, viz : May 2, 2011, at the rate of nine (9) percent per annum until paid on all the unpaid amount of this assessment certified to the County Treasurer of Black Hawk County, Iowa, and BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to notify the above described property owners of said property, accordingly and also instructed to certify said assessment to the County Treasurer of Black Hawk County, Iowa, to be entered upon the tax list to be collected as other taxes, as provided by law, and when collected to be credited to the Water Works Fund of said City, and assessment to be made over a ten- year period. PASSED AND ADOPTED this 2nd day of May, 2011 . de Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk 4 G This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-340 RESOLUTION MAKING ASSESSMENT FOR WORK PERFORMED BY THE WATER WORKS. WHEREAS, the Board of Water Works Trustees of the City of Waterloo, Iowa, did, as provided by law, notify by written notice the property owner of the premises described below to have the repairs completed and further damage prevented, and WHEREAS, the property owner failed to comply with the order of the Board of Water Works Trustees, as by law provided, and WHEREAS, the Board of Water Works Trustees proceeded to have the work done on the premises described below, in the City of Waterloo, Iowa, to comply with Ordinance No. 1118 of the City of Waterloo, Iowa, and WHEREAS, the Board of Water Works Trustees filed with the City Clerk on the 25th day of April, 2011, a report filing claim for the repairs and preventing further damage at the below described premises and same met all the requirements of the City ordinance and have been fully completed. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the said report of the Board of Water Works Trustees be, and the same is hereby, approved; that the work was done under and by virtue hereby, accepted, and that the cost of said work is hereby determined to be as follows, which amount can be assessed over a ten-year period against the property: Elnora Parsons, Owner 415 Thompson Avenue, Waterloo, Iowa Legal Description: Lot No. 5 in Block 5 in James Virden' s Addition to the town of Waterloo in the County of Black Hawk, State of Iowa. Unpaid Assessment : $1, 955. 00 Korey J. Nosko, Deed Holder Michael Laws, Contract Purchaser 204 Baltimore Street, Waterloo, Iowa Legal Description: Northwesterly One-half of Lot 10 in Block 9, in Whitney and Sedgwick' s Addition, to the City of Waterloo, Iowa. Unpaid Assessment: $450 . 00 Union Missionary Baptist Church, Owner 209 Shilliam Avenue, Waterloo, Iowa Legal Description: All of Lot Two (2) , Block Two (2) , except the West 16 feet, Shilliams 3rd Subdivision, Waterloo, Iowa, Black Hawk County. Resolution No. 2011-340 Page 2 Unpaid Assessment : $1, 600 . 00 Thomas R. Mulnix and Denise M. Mulnix, Owners 2126 W. 3rd Street, Waterloo, Iowa Legal Description: Lot No. Eleven (11) in Block No. Three (3) , in Home Park Second Addition in the City of Waterloo, Iowa, Black Hawk County. Unpaid Assessment: $1, 550 . 00 Diane L. Brooks f/k/a Diane L. Savage, Owner 2132 W. 3rd Street, Waterloo, Iowa Legal Description: East Fifteen and fifty-nine one hundredths (15 . 59) feet of Lot No. Nine (9) and Lot Ten (10) of Block Three (3) , in Home Park Addition to the City of Waterloo, Black Hawk County, Iowa. Unpaid Assessment : $3, 450 . 00 BE IT FURTHER RESOLVED that there be, and are hereby assessed and levied a special tax and assessment against the property improved in the City of Waterloo, Iowa, said assessment shall bear interest from the date of levy of the assessment, viz : May 2, 2011, at the rate of nine (9) percent per annum until paid on all the unpaid amount of this assessment certified to the County Treasurer of Black Hawk County, Iowa, and BE IT FURTHER RESOLVED that the City Clerk be, and she is hereby instructed to notify the above described property owners of said property, accordingly and also instructed to certify said assessment to the County Treasurer of Black Hawk County, Iowa, to be entered upon the tax list to be collected as other taxes, as provided by law, and when collected to be credited to the Water Works Fund of said City, and assessment to be made over a ten- year period. PASSED AND ADOPTED this 2nd day of May, 2011 . E nest G. Clark, Mayor ATTEST: l (C.'CJA uzy BcY�ares, CMC City Clerk FINANCE DEPT. STAFF ONLY LINE ITEM USED ()/of/ //6t /34/40/ / `dam TRAVEL REQUEST FY BUDGETED Rq&601,or� CITY OF WATERLOO EXPENDED YTD /3;4.2,57 THIS REQUEST c3 48-04 LEFT AFTER THIS REQUEST /(p(�(p(� q DATE ).2y) `i/-/(y 2-0// Original-Clerk/Finance Copy-Department NAME(S)AND POSITION(S): DATE: Investigator Joe Saunders April 15, 2011 NAME OF CLASS/ MEETING: DESTINATION: [/c"5 ,40 A)E 5 Critical Infrastructure & Key Resource Protection Assistance Program (CAPTAP) training DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: May 9, 2041 May 11, 2011 May 9-11, 2011 PURPOSE OF TRAVEL: This three-day training provides the knowledge and skills necessary to conduct vulnerability assessments designed to protect critical infrastructure and key resources. This course explains how protective measures can be applied to detect and deter potential threats to Critical Infrastructure and Key Resources(CIKR),as well as the fundamentals for detecting surveillance activity. Skills discussed include vulnerability assessments,target hardening strategies and methodologies for conducting assessments including the use of Automated Critical Asset Management System. The Training has been approved through the Iowa Homeland Security and funding will be reimbursed through the LETPP Homeland Security Grant. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: 010 11 1150 LEIN BUDGET LINE ITEM: 11GRT LEN5 $188.04 LODGING TAXI GRANT REIMBURSABLE $105.00 MEALS PARKING YES NO Free REGISTRATION AIRFARE REQUIRED CERTIFICATION $50.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 343.04 TOTAL: $ PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO —C-=-4411 Z f(A41-- DEPARTMENT HEAD MAYOR ,,Lc - (i_; - 1 ( Sly! -„,0 DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED /r) „V? 67OO /34t1i TRAVEL REQUEST FY BUDGETED /VO000 CITY OF WATERLOO EXPENDED YTD . 9IY /7 THIS REQUEST /2.ao LEFT AFTER THIS °��2 REQUEST JU/�9,83 DATE /,,J 9-1N-OII Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Bob Osgood, Chief Plumbing Inspector 4/15/11 NAME OF CLASS/ MEETING: DESTINATION: Waterloo Continuing Education—Plumbing Code DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 4/16/11 4/16/11 4/16/11 PURPOSE OF TRAVEL/TRAINING: Continuing Education —6 hrs WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-22-5100-1346 LODGING TAXI GRANT REIMBURSABLE MEALS PARKING YES NO 120.00 REGISTRATION AIRFARE X REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 120.00 TOTAL: $ 120.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO Z,; "1"/ �PARTMENTt D AD MAYOR Y // q9-14(t DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1345 TRAVEL REQUEST FYI BUDGETED /6-D0.01) CITY OF WATERLOO EXPENDED YTD 395. 1O THIS REQUEST 44( U) LEFT AFTER THIS REQUEST 6I3.3o DATE 7,774.0 Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Sgt Brian Hoelscher& Officer Shawn Bram April 15,2011 NAME OF CLASS I MEETING: DESTINATION: Omni Explosives Transport Bomb Squad Incendiary Devices Marion, Arkansas DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: May 24,2011 May 25, 2011 May 24 and 25,2011 PURPOSE OF TRAVEL: Lt Cirksena is requesting authorization to send Sgt Brian Hoelscher and Officer Shawn Bram, members of the Waterloo Police Department Bomb Squad to Marion, Arkansas to on May 24-25, 2011 to transport incendiary devices and equipment back to Waterloo. The cost for the Officers to travel to Arkansas to transport this equipment back to Waterloo is $1000.00 cheaper than to have it shipped to us by a private company. This equipment is necessary material needed by the Bomb Unit to properly dispose of incendiary devices located by the Waterloo Police Department. The Officers will travel to the pick up location, spend the night and return with the equipment the next day. Cost is for meals, fuel and lodging. The total cost of this travel will not exceed$491.00. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-11-1100-1345 $125.00 LODGING TAXI xx GRANT REIMBURSABLE $166.00 MEALS PARKING YES NO REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $200.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 491.00 TOTAL: $ 0.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR - I - 2 5 ft t 2125u DATE DATE FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY;, BUDGETED 41Z, CITY OF WATERLOO EXPENDED YTD /1(�fq s� THIS REQUEST 4 7C) LEFT AFTER THIS REQUEST /U$G DATE 77i/k) / I Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Officer Michael Girsch & Officer Darin Rulapaugh April 13th, 2011 NAME OF CLASS/ MEETING: DESTINATION: Burli+9g#orr,-fewer Glock Armorer School DEPARTURE POINT sCYfoidorf, LA- IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: May 10th, 2011 May 10th, 2011 May 10th, 2011 PURPOSE OF TRAVEL: Lt Frana is requesting authorization to send Officer's Michael Girsch and Darin Rulapaugh to a Glock Armorer course on May 10th, 2011, in Bettendorf, Iowa. Both Officer M. Girsch and Officer Rulapaugh are firearms instructors for the Waterloo Police Department. The Waterloo Police Department utilizes it's firearms instructors to be armorer's to maintain and repair our duty weapons. This one-day course will certify the officers to repair and maintain the Glock firearms that the Officers from the Waterloo Police Department carry as their duty weapons. The cost of registration is $195.00 per officer and would require lunch and a city vehicle to travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ 00.00 YES NO METHOD OF TRAVEL: xx CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: 010-11-1100-1346 $00.00 LODGING TAXI xx GRANT REIMBURSABLE $30.00 MEALS PARKING YES NO $/95.00 REGISTRATION AIRFARE xx REQUIRED CERTIFICATION $50.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 470.00 TOTAL: $ 235.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD MAYOR ri - I v S/ 12,154 DATE DATE CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 0 3505 EASTON AVE. WATERLOO, IA 50702 (319)291-4553 FAX(319)291-4523 t'er100 LARRY N.SMITH SUPERINTENDENT Council Communication Mayor City Council Meeting: 5/2/2011 BUCK Prepared: 4/25/2011 CLARK Dept. Head Signature: j -y/._ 170/ # of Attachments: COUNCIL MEMBERS SUBJECT: Waste Water Operator DAVID JONES Ward Submitted by: Larry N. Smith, WMS Superintendent CAROLYN COLS Recommended City Council Action: Approval to appoint Alan Bainbridge from the Ward 2 Civil Service list to the position of Waste Water Operator at the Waste Management HAROLD Services Dept. effective May 9th, pending pre-employment physical exam. GETTY Ward 3 QUENTIN HART Summary Statement: Ward 4 RON WELPER Ward 5 Expenditure Required: BOB GREENWOOD At-Large Source of Funds: Position is budgeted for in fyl1 and fy12 budgets STEVE SCHMITT At-Large Policy Issue: Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: May 2, 2011 Prepared: April 25, 2011 Dept. Head Signature: Eric Thorson, City Engineer # of Attachments: SUBJECT: APPOINTMENT OF DANIEL BAKER TO VACANT ENGINEERING TECHNICIAN POSITION Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: Approve the appointment of Daniel Baker to the position of Engineering Technician, effective May 16, 2011, pending pre-employment exam. Summary Statement: This appointment is being made from the Certified Civil Service List. Expenditure Required Engineering Technician salary and benefits Source of Funds Local Option Sales Tax Engineering Budget Policy Issue N/A Alternative N/A Background Information: N/A CITY OF WATERLOO Council Communication City Council Meeting: May 2, 2011 Prepared: April 27, 2011 Dept. Head Signaturerer= 'Qw # of Attachments: SUBJECT: Recommendation of appointment of Scott Paeper to the position of Equipment Operator I, Street Department, effective May 16, 2011 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: Appointment of Scott Paeper from Civil Service Certified List for the position of Equipment Operator I in the Street Department Expenditure Required Source of Funds Policy Issue Alternative Background Information: This appointment is a retirement replacement, approved by Human Resources Committee on 9/27/10, / 7/10, approved by the Civil Service Commission on 11/19/10 and Certified List on 2/18/11. CITY OF WATERLOO Council Communication City Council Meeting: May 2, 2011 Prepared: April 27, 2011 Dept. Head Signature: # of Attachments: SUBJECT: Recommendation of appointment of Debbie Ernst to the position of Equipment Operator I, Street Department, effective May 16, 2011 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: Appointment of Debbie Ernst from Civil Service Certified List for the position of Equipment Operator I in the Street Department Expenditure Required Source of Funds Policy Issue Alternative Background Information: This appointment is a retirement replacement, approved by Human Resources Committee on 9/27/10, approved by the Civil Service Commission on 11/19/10 and Certified List on 2/18/11. ,Pi`=. CITY OF WATERLOO ; IOWA plgowt-4,Y. m CITY ATTORNEY■$ OFFICE dfer'OQ ,O� 715 Mulberry St. Waterloo, IA 50703 • (319) 291-4327 Fax (319)291-4571 JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHOEFER,Assistant City Attorney Mayor BUCK CLARK COUNCIL May 2, 2011 MEMBERS DAVID JONES Ward 1 Mayor Buck Clark and CAROLYN City Council COLE Ward 2 City Hall Waterloo, IA 50703 HAROLD GWard3Y Dear Mayor Clark and Council Members: QUENrIN M. I have examined the bonds filed with the City Clerk/Auditor's Office up to the HART close of business on April 28, 2011. Ward 4 ++ RON Of the G3 bonds submitted, I) were approved and C) WELPER rejected, as shown on the attached list. Ward 5 BOB Ve truly yours, GREENWOOD At-Large STEVE sCHMITT David R. Zellhoefer At-Large Assistant.City Attorney DRZ:lc CITY WEBSITE:www.cityofwaterlooiowa.corn WE'RE WORKING FOR YOU! An Equal OpporlunIty/ARlrrnalive Action Employer BONDS FOR COUNCIL APPROVAL MAY 2, 2011 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/12) AMOUNT: $5,000.00 -7900370807 ANTHONY FISCHELS CEDAR FALLS, IA ._.RL10630179 BRADLEY COLVIN WATERLOO, IA -.95 02 3601 2 DEAN SIEMS DBA D & S MASONRY CEDAR FALLS, IA .-RLI0488524 ERNEST LOVE WATERLOO, IA -..-0158058 GEODE ENVIRONMENTAL, LLC JOHNSTON, IA -58443963 THE GLEASON CONSTRUCTION CORP. WATERLOO, IA .rRLI0461919 LARRY EVEN DBA L & M CONSTRUCTION WASHBURN, IA --IA 577939 MICHAEL B GEISLER DBA GEISLER BUILDERS CEDAR FALLS, IA -W150021970 RONALD DEW DBA RON' S CONSTRUCTION LA PORTE CITY, IA _RL10625047 RUSTY E BARKER THE WELD DOCTOR WATERLOO, IA -'5-5 CC 8149 2 STEVEN MILLER DBA MILLER' S CONSTRUCTION CEDAR FALLS, IA J1.5135960 TNJ CONSTRUCTION, LLC WATERLOO, IA „-IA 596008 VOGEL IRRIGATION WATERLOO, IA O t3, - r1 b D D' 0 l 60 0 -!L] L i Z Iri DTIr' r, -.I rni.^ -r it'll�• ii Cs LH ' - 14 61 r ,+1#' 4 r iI 7; is Ili-r 0 15 F, H 21 l < I T i0;J N in r ,- n 1 0II .0 r.• 41. Gl 0 I- it 0. 1.,.. .A 7 'I IT1 ,n 171 n 141.< Ill I n H' to r C HI ': rr II -I' -t N -I F• -I 1I "1 7 ry. �.; lm IJ 0, i IZ-, CO 11 81 .r )r, ;' ICd Z ti I tO mIn i-I ` i'I ,. n lb 11, 2 ii n II _ w I i; H 1=0 - rn 0 XI 11i 1* II -< rcl,M Ca)0 Ii r� O n -10c, I;'1 111 H II HI 1. �a i1 "� -P 0 Z. -"Iii -1 .4 II :m C7 0 I �` ZA::r.p P. 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Ia h 3 P I i 0 -I In CITY OF WATERLOO Council Communication City Council Meeting: April 11, 2011 Prepared: April 5, 2011 Dept. Head Signature: Bradley Hagen #of Attachments: 1 SUBJECT: Approval of Plans, Specifications, Advertising, and setting date for a public hearing and bid letting at the regular City Council meeting on May 2, 2011 for Rehabilitate Apron Phase 3A at Waterloo Regional Airport. Submitted by: Bradley Hagen, Airport Director Recommended City Council Action: Approval of Plans, Specifications, Advertising, and setting date for a public hearing and bid letting at the regular City Council meeting on May 2, 2011 for Rehabilitate Apron Phase 3A at Waterloo Regional Airport. Summary Statement Expenditure Required: Estimated $358,568.75 Source of Funds: Federal Aviation Administration(FAA) grant funding 95%and Passenger Facility Charge (PFC) program funding 5%. Policy Issue Alternative Background Information: This project is a part of a multi year phasing plan to rehabilitate our commercial ramp used by airline and charter aircraft to park up to the airport terminal. In previous years we have rehabilitated portions of the ramp. This project will continue the phasing leaving only a small portion to rehabilitate in future years. 0 0 0 0 0 0 0 0 0 0 o Ln o Ln 0 0 0 0 0 0 0 0 0 0 0 N O N 0 0 0 0 0 0 0 0 v; 0 0 (+i 0 00 o 'rI O O O Ln Ln LD O O N O cr O) O LD C 0 lf) V) N ci o c-I 00 O Ln V r) V) L ) H c..) m N 00 Lf)cn N d' 00 ci N ci m UT VT VT VT IA- V. V} V} VT V} VT (/} V} VT 0 0 0 0 0 0 0 0 0 0 0 Ln O O O O o 0 0 0 0 o o Ln N O cO O O O O N O Ln Ln O ci ci o O O Ln M ut LD O 0 �, O V) N N Ln O N 1. ci m V? VT VT VT t/} v} vT VT V} vT U? 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O O L- O U A 0 chi U 0_ v) v) 7 0 D_ D_ Q a Q Ln F 1 CAe--1 LD ,--1 N M c-I i-1 c-I N m N--I M c'1 a6 yuI 4 8 V) V) V) V Lfl 0O 00 00 Ln Ln Ln ins O C Z di O O� c1 c-1 ci N 00 ci ci ci O O c'1 u chi O O O O u1 O O O O N N V) O O. 0 f0 ci d ci c-1 e-1 t-1 N Li) V) V) LD LD 1; d d N C .O N D_ L9 d d a d d d d d a a O C Y OC L a) ,-, 0 o a � ., — 0 0 0. v Ep (I) C) Q zl N M d Lr) D I� 00 D c� cNi cmi W▪ CC33a '°U. NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids for the REHABILITATE APRON PHASE 3A AT THE WATERLOO REGIONAL AIRPORT in the City of Waterloo, Iowa FAA. AIP PROJECT NO. 3-19-0094-038 RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 2nd day of May, 2011, until 4:00 p.m. local time, for the construction of the Rehabilitate Apron Phase 3A at the Waterloo Regional Airport, as described in detail in the plans and specifications now on file in the Office of the City Clerk and the Office of Director of Aviation. OPENING OF BIDS All proposals received will be opened in open Council meeting to be held in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the 2nd day of May, 2011, at 5:30 p.m. local time, and the proposals will be acted upon at such later time and place as may then be fixed. PRE-BID MEETING A pre-bid meeting for this project will be held in the Second Floor Conference Room of the Terminal Building at the Waterloo Regional Airport at 10:00 a.m., Local Time, on April 21, 2011. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on May 2 , 2011, said hearing to be held in the Council Chambers in the City Hall, in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM are now on file in the office of the City Clerk and the office of the Airport Director for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK The work to be performed in this project shall include the following described improvements to the Waterloo Regional Airport, Waterloo, Iowa: The extent of the work involved in Phase 3A of the Terminal Apron Rehabilitation, including removal of existing pavement, removal and replacement of existing intake, installation of subbase course, placement of 8-inch and 12-inch Portland Cement Concrete pavement, placement of asphalt transition pavement, placement of pavement marking, and all other incidental work associated with this project. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and shall be completed in sixty (60) calendar days from the date established in the Notice to Proceed. Failure to complete within the allotted time will result in assessment of liquidated damages. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety-five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Copies of the plans and specifications and wage rate decision are on file and may be inspected at: Office of Director of Aviation or AECOM Waterloo Regional Airport 501 Sycamore Street, Suite 222 2790 Livingston Lane Waterloo, Iowa 50703 Waterloo, Iowa 50703 Plans and specifications may be obtained by applying to AECOM office listed above. Requests shall include street address for delivery of documents. A $30.00 deposit is required for each set of Bidding Documents. Said $30.00 deposit is fully- refundable if the Bidding Documents are returned in good condition within 14 days after the award of bid. Payment shall be by check only. The Drawings included in the Bidding Documents are reduced scale. This deposit policy shall also apply to the prime contractor awarded the project for all plans and specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned. Upon award of project, the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest total bid. The City reserves the right to reject any or all bids, readvertise for new bids, and to waive informalities in the bids submitted that may be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed sixty (60) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Quantity) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the Waterloo Regional Airport, Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE AND PAYMENT BONDS The successful Bidder will be required to furnish Performance and Payment Bonds within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bonds to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. PREDETERMINED WAGE RATE Predetermined wage rates shall apply to all work on this project in accordance with General Decision No. 1A20100001. In addition, the Prime Contractor shall submit certified payrolls for itself and each approved subcontractor weekly to the project Engineer. The Contractor may use the Iowa DOT Certified Payroll form or other approved form. The Contractor shall list the craft for each employee covered by the Predetermined Wage Rates. The Prime Contractor shall sign each of the subcontractor's payrolls to acknowledge the submittal of the Certified Payroll. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per calendar day, for each calendar day in excess of the authorized time. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. Days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by City officials, the prime contractor, and all subcontractors, if any. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exemption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. SITE INSPECTION Bidders are expected to visit the locality of the work and to make their own estimate of the facilities needed and the difficulties attending the execution of the proposed Contract, including local conditions. TIME FOR RECEIVING BIDS Bids received prior to the time of opening will be securely kept, unopened. The officer whose duty it is to open them will decide when the specified time has arrived, and no bid received thereafter will be considered. No responsibility will attach to an officer for the premature opening of a bid not properly addressed and identified. Unless specifically authorized, telegraphic bids will not be considered, but modifications by telegraph of bids already submitted will be considered if received prior to the hour set for opening. All proposals must be received at the address indicated herein above prior to the time and date specified for receipt of bids. Bids received after the specified time and date will be returned unopened. The City of Waterloo shall not be held responsible or accountable for delays in the delivery of any proposal by the U.S. Postal Service or other courier service. WITHDRAWAL OF BIDS Bids may be withdrawn on written or telegraphic request received from Bidders prior to the time fixed for opening. Negligence on the part of the Bidder in preparing the bid confers no right for the withdrawal of the bid after it has been opened. ERRORS IN BID Bidders or their authorized agents are expected to examine the Maps, Drawings, Specifications, Circulars, Schedule and all other instructions pertaining to the work, which will be open to their inspection. Failure to do so will be at the Bidder's own risk and he cannot secure relief on the plea of error in the bid. In case of error in the extension of prices, the unit price will govern. MINIMUM WAGE RATES If the wage determination of the Department of Labor incorporated in the advertised specifications does not include rates for classifications deemed appropriate by the bidder, the bidder is responsible for ascertaining the rates payable for such use in accomplishing the work. No inference concerning practice is to be drawn from their omission. Fufther, the omission does not, per se, establish any liability to the Government for increased labor costs resulting from the use of such classifications. EQUAL EMPLOYMENT OPPORTUNITY - EXECUTIVE ORDER 11246 AND 41 CFR PART 60 The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. The successful Bidder shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, color, religion, sex, or national origin. GOALS FOR MINORITY AND FEMALE PARTICIPATION - EXECUTIVE ORDER 11246 AND 41 CFR PART 60 1. The Bidder's attention is called to the "Equal Opportunity Clause" and the "Standard Federal Equal Employment Opportunity Construction Contract Specifications" set forth within the supplementary provisions. 2. The goals and timetables for minority and female participation, expressed in percentage terms for the contractor's aggregate workforce in each trade on all construction work in the covered area, are as follows: Timetables: Goals for minority participation for each trade 4.7% Goals for female participation in each trade 6.9% These goals are applicable to all of the contractor's construction work (whether or not it is Federal or federally-assisted) performed in the covered area. If the contractor performs construction work in a geographical area located outside of the geographical area where the work is actually performed. With regard to this second area, the contractor also is subject to the goals for both its Federally involved and non-federally involved construction. CERTIFICATION OF NONSEGREGATED FACILITIES - 41 CFR PART 60 A certification of Nonsegregated Facilities must be submitted prior to the award of a federally- assisted construction contract exceeding $10,000 which is not exempt from the provisions of the Equal Opportunity Clause. Contractors receiving federally assisted construction contract awards exceeding $10,000, which are not exempt from provisions of the Equal Opportunity Clause, will be required to provide for the forwarding of the notice to prospective subcontractors for supplies and construction contracts where the subcontracts exceed $10,000 and are not exempt from the provisions of the Equal Opportunity Clause. The penalty for making false statements in offers in prescribed is 18 U.S.C. 1001. DISADVANTAGED BUSINESS ENTERPRISE - 49 CFR PART 26 The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contracts. In accordance with 49 CFR Part 26.45, the sponsor has established a contract goal of 7.5 percent participation for small business concerns owned and controlled by certified socially and economically disadvantaged enterprise (DBE). The bidder shall make and document good faith efforts, as defined in Appendix A of 49 CFR Part 26, to meet this established goal. DAVIS-BACON ACT, AS AMENDED - 29 CFR PART 5 The Contractor is required to comply with wage and labor provisions and to pay minimum wages in accordance with the current schedule of wage rates established by the United States Department of Labor. DEBARMENT, SUSPENSION, INELIGIBILITY, AND VOLUNTARY EXCLUSION - 49 CFR PART 29 The bidder certifies, by submission of a proposal or acceptance of a contract, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Individuals or companies listed in the General Services Administration's "Excluded Parties Listing System" will not be considered for award of contract. FOREIGN TRADE RESTRICTION - 49 CFR PART 30 The Bidder and Bidder's subcontractors, by submission of an offer and/or executive of a contract, is required to certify that it: 1. is not owned or controlled by one or more citizens of a foreign country included in the list of countries that discriminate against U.S. firms published by the Office of the United States Trade Representative (USTR); 2. has not knowingly entered into any contract or subcontract for this project with a person that is a citizen or national of a foreign country on said list, or is owned or controlled directly or indirectly by one of more citizens or nationals of a foreign country on said list; 3. has not procured any product nor subcontracted for the supply of any product for use on the project that is produced in a foreign country on said list. BUY AMERICAN CERTIFICATE AVIATION SAFETY AND CAPACITY ACT OF 1990 This contract is subject to the "Buy American Preferences" of the Aviation Safety and Capacity Act of 1990. Per Title 49 U.S.C. Section 50101, all steel and manufactured products installed under an AIP assisted project must be produce in the United States unless the Federal Aviation Administration has granted a formal waiver. As a condition of bid responsiveness, Bidders must complete and submit as part of their proposal the enclosed Buy American certification. Bidder must indicate whether it intends to meet Buy America preferences by only installing steel and manufactured products produced with the United State of America; or if it intends to seek a permissible waiver to the Buy America requirements. MARKING AND MAILING BIDS Envelopes containing bids must be sealed and addressed to the City Clerk, 715 Mulberry Street, Waterloo, IA 50703; and marked in the upper left hand corner as follows: Bid of (Name and Address of Contractor) for Rehabilitate Apron Phase 3A, Waterloo Regional Airport, Waterloo, Iowa, FAA. AIP Project No. 3-19-0094-038. Published pursuant to the provisions of Chapter 26 of the Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the 11th day of April, 2011. CITY OF WATERLOO, IOWA BY: Suzy Schares City Clerk STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1347303 PUB .HRG/BIDDERS-REHAB APRON-PHASE 3 notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, 2,2011,said hearing to be held in the be Black Hawk County, Iowa, for 1 issues Council Chambers in the City Hall,in said commencing on 04/21/2011, in the issues of City of c proac plans,specifications,ost for th fond contract,and estimate of cost for th ' 04/21/2011 said improvements heretofore prepared to by AECOM are now on file in the office of dl of said newspaper, and that the annexed rate of Dithectty orp and office of pay th Place your ad online 2' Director for public examination,heren and any to person interestedtin thereto therein may filey writ- to advertising is the regular legal rate of said beforeten objectiontheoote hearing,setowithideeg,ark th pea the date set for said t withor tor. AUTOS newspaper, and that the following is a correct appear and make objectionhe thereto ref the City Clerk before the date set for said ref q� hearing, or appear and make objection Oil Wheel Deal $35 bill for publishing said notice . thereto at the meeting above set forth. m SCOPE OF WORK th The work to be performed in this project st 18 times Courier shall include the following described im- c< provements to the Waterloo Regional Air- PI 3 times Insider Printer' s Bill $230 . 02 port,Waterloo,Iowa: 'n 18 times Internet The extent of the work involved in Phase fu 3A of the Terminal Apron Rehabilitation, w 2 times Wheels including removalof existingof pavement,g Si removal, and Lionreplacementcoexiurse, hi intake, installation of subbase course, si Placement of 8-inch and 12-inch Portlands' ement Concrete pavement, placementant CI ) igned of asphalt transition pavement, place- fa ment of pavement marking,and all other to ^+: incidental work associated with this proj- a: Oct. BE NNING workuAND eCOMPLETION DATrS SELL IT FOR The l be c under the proposed contract) ' Subscribed and sworn to before me this ng)days after within "NoticeOto work-- p hxd. teed"and shall be completed in sixty had al calendar days from the date established al MAILING ADDRESS day of in the Notice to Proceed.Failure to com- plete within the allotted time will result in dl Courier ox 540, assessment luidated damages. METHOD OFfPAYMENT TO CONTRAC- p, Waterloo,IA 50704 TOR en rnn^< S F"- A ¢ ry The Contractor will be paid against bi- lc ' ` 4 s `� �- 6t-L'�iI �+L monthly estimates in cash on the basis Payments 140, • m f;7fv:';U1i$Se(?J NO.781976 of ninety-five percent(95%)of the work t�F P.O.Box 1140, fl ,1', 4 (vj O M : as it is completed and materials delivered tt Waterloo,IA 5074 .�Y 4S�1Glti EXPIRES and work approved.Final payment will be P Or by major credit card. O t ry PU•11C b ( made thirty-one(31)days after comple- s HOURS:Monday-Friday tion of the work and acceptance by the tl 8 AM-5 PM Council. Before final payment is made, L vouchers showing that all subcontractors T and workmen and all persons furnishing t: GENERAL INFORMATION materials have been fully paid for such c Received of materials and labor will be required un- f: •All advertisements are subject to less the City is satisfied that material, c the approval of the Courier man- men and laborers have been paid. = agement and its credit department. The Contractor is hereby notified that if I the sum of Dollars the City does not have cash on hand to t pay monthly pay estimates, according r •Advertising copy received at the in full for publication of the above invoice . `"3f' 11301 "`" Courieris not accepted for pub!ica- 30110N 1YNlDl 1 lion until such approval occurs. cpsfoo fAr'O eli PP S6SLOOAfAf'oN al!uannp THUD t "The Courier will not knowingly ,D,_ • publish advertising that injures an- Notary Seal: 301S32131NI 3H1 N other or false advertising oradver- (NOISIAIO 3llN3Anr) l tising that discriminates unlawfully AINl00)l31HSfNNIM BOA ONV NI , against another. VMOI 3O 1af1001O1a1SIG 3H1 NI NOSdWOH11AN00Hleus BOX REPLIES L LOZ/LE/E031V0 . •When replying to a Courier box r3onae'S3fN301 number send to Courier Classified algeogdde xeaogou Advertising,Attn: Box# ateudadde eg)pue Mel ayl;d suo!sln P.O.Box 540,Waterloo,IA 50704. -old ogioads Marew of Agdwmd Aewotte moA loetuoo ldwaxe aq Aear Atpadord COPY CORRECTIONS to Aeuow ulepa0:uogdwexa Apadotd •uogduiapw of loefgns too ales scj If your ad appears today for the first VI'OOla31VM time ... please check carefully to "1S Vollfl ZEL'301ddO SddIa3HS see that it is correct in every detail. NOTICE OF PUBLIC HEARING A1Nf100)IMVH NOVla ales;o aoeld The Courier will not be responsible Proposed Plans,Specifications,Form 'WV 00:0I. eleg to awl' for more than one incorrect inser- Onof Contract,And Estimate of Cost and lLOZ2 GM ales unto o tion,or for damages or costs be- the se A uo see ro t 14 �l ) yondp actually NOTICE TO BIDDERS I q ;no!one of nd IC ales the cost of the space For the Taking of Construction Bids 'o)peJago aq g!M Apedad pequosap eta occupied by the error. for dWb5l6#oleld S400000AZ �6 r 7.l)rmoasF3A LLlaag6l tueW IneH LOOZ L Z00 'word 'umo6 e)IgM/>Ioe °L" I tstge8Z90-e PHOTOS ------ 19 rJN01 !AS lap tap pgmV[66L L L00 Artwork must be in Classified Den- EOS9-ZEZ-6LE 'SD$ uogduose0 Alb 'oN Tea partment by noon prior to Da- 'aplls)m ragwp0 sa>IAl 31111'l 's!plos eq of ALadaid L9ZS-bEZ•fiL£'Ssal ro 9Z1$ a41 7uaw6pnl eyt A;sges 01 tlado;d ! tied date. 'Lsayo tamer-£,(pear woof leeosrad(s)luepuarap)o ales ay;paiap golly -Jo uognoexe hey' Atunoe sly;)o guayS 89S6-V0S-6LE'0Z$'srley3 eql°I I'meo egjAd pause!jam[Mande 6ulplo;ooso0 Anlenb q 10 135 -xa ue•eseo undo peoueteyet anent awl 9Sle•9£Z-6L 'g$ u!Parapuar tuew6pn!ant)o;lnsw a sy PUBLIC NOTICE OF teas ralsooq pue Leasreo S,------ 3llflf'a3af1VW STORM WATER DISCHARGE L6EL-99Z ;e01930 ' Lockard Companies plans to submit a 6L$'watuel se6 HVW3lOD 1100S 13VHOIIN N30aVOWOOe Natural Resources to be covered under 71r7 7 p red u nt of sing 1vmpn NO!1f103X31Vel3N3O 'a01103a0 the NPDES General Permit No.2, ZZ8FW000 ON-noo "Storm Water Discharge Associated with Industrial Activity for Construction Rehabilitation of Apron Phase 3A at Waterloo Regional Airport May 2, 2011 Bid Tab Estimate: $358,568.75 Bid Bond Required Bidder Bid Bond Bid Amount Allied Manatts Group LLC � PO Box 687 5% q6) q3 v Charles City, Iowa 50616-0687 Cedar Valley Corporation 2637 Wagner Road � � � 7� � o�F y� PO Box 1740 Waterloo, Iowa 50704 K Cunningham Construction, Co., Inc. 1025 Center Street � 3/z) y �G Cedar Falls, Iowa 50613 Peterson Contractors Inc. BoxA 3/ 7 Reinbeck, Iowa 50669-0155 Wicks Construction Inc. 2201 State Hwy 9 / PO Box 428 3 3��� /7 Decorah, Iowa 52101-0428 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-341 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE REHABILITATION OF APRON PHASE 3A AT THE WATERLOO REGIONAL AIRPORT. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Airport Director of said City to prepare proposed plans, specifications, form of contract, estimate of cost, etc. in conjunction with the Rehabilitation of Apron Phase 3A at the Waterloo Regional Airport, in the City of Waterloo, Iowa, and WHEREAS, said Airport Director did file said preliminary plans, specifications, form of contract, estimate of cost, etc. in conjunction with the Rehabilitation of Apron Phase 3A at the Waterloo Regional Airport, which were preliminarily approved by Resolution No. 2011-286 on April 11, 2011, and WHEREAS, a public hearing, upon notice, was held on May 2, 2011. 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 Rehabilitation of Apron Phase 3A at the Waterloo Regional Airport, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 2nd day of May, 2011. E est G. Clark, Mayor ATTEST: uzy S h res, CMC City C erk This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-342 RESOLUTION ORDERING THE CONSTRUCTION IN CONJUNCTION WITH THE REHABILITATION OF APRON PHASE 3A AT THE WATERLOO REGIONAL AIRPORT. WHEREAS, by Resolution No. 2011-341, plans, specifications, form of contract, etc. , in conjunction with the Rehabilitation of Apron Phase 3A at the Waterloo Regional Airport, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on May 2, 2011 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications. PASSED AND ADOPTED this 2nd day of May, 2011. iti.atr,6 Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Clerk CITY OF WATERLOO / ii Council Communication City Council Meeting:April 11, 2011 Prepared:April 6, 2011 Dept. Head Signature: Eric Thorson, City Engineer #of Attachments: SUBJECT: F.Y. 2011 MidPort Boulevard Extension -Phase II City Contract No. 802 RM 8155(772)-9D-07 Notice of Public Hearing Letting Submitted by: Leff Bales,Associate Engineer Recommended City Council Action: It is recommended that Council approve these documents and set May 2"d, 2011 as the date for public hearing and bid opening and instruct City Clerk to publish notices. Summary Statement: Transmitted herewith are the plans and specifications for F.Y. 2011 Midport Boulevard Extension - Phase II, Contract No. 802, as prepared by AECOM, of Waterloo, Iowa. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: This roadway will serve the new Standard Forwarding Trucking Terminal site development in the MidPort America Park. The project includes construction of approximately 700 feet of Midport Boulevard northwest from West Airline Highway. NOTICE OF PUBLIC HEARING On Proposed Plans, Specifications, Form of Contract, And Estimate of Cost and the NOTICE TO BIDDERS For the Taking of Construction Bids For the F.Y. 2011 MIDPORT BOULEVARD EXTENSION PHASE II PCC PAVEMENT - GRADE AND NEW CITY CONTRACT NO. 802 IOWA DOT RISE NO. RM-8155(722)--9D-07 IN THE CITY OF WATERLOO, IOWA RECEIVING OF BIDS Sealed proposals will be received by the City Clerk of the City of Waterloo, Iowa, at her office in the City Hall of the said City on the 2nd day of May, 2011, until 4:00 p.m. for the construction of the F.Y. 2011 MIDPORT BOULEVARD EXTENSION, PHASE II, CITY CONTRACT NO. 802, as described in detail in the plans and specifications now on file in the Office of the City Clerk. OPENING OF BIDS All proposals received will be opened in open Council meeting to be held in the Council Chambers in the City Hall in the City of Waterloo, Iowa, on the 2nd day of May, 2011, at 5:30 p.m., and the proposals will be acted upon at such later time and place as may then be fixed. PUBLIC HEARING Notice is hereby given that the Council of said City will conduct a public hearing on the proposed plans, specifications, form of contract, and estimate of cost for the construction of the above-described improvement project at 5:30 p.m. on May 2, 2011 said hearing to be held in the Council Chambers in the City Hall in said City. The proposed plans, specifications, form of contract, and estimate of cost for said improvements heretofore prepared by AECOM are now on file in the office of the City Clerk for public examination, and any person interested therein may file written objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto with the City Clerk before the date set for said hearing, or appear and make objection thereto at the meeting above set forth. SCOPE OF WORK The extent of the work involved is the construction of grading, paving, drainage and other incidental items for the F.Y. 2011 MIDPORT BOULEVARD EXTENSION PHASE II in the City of Waterloo, Iowa. BEGINNING AND COMPLETION DATES The work under the proposed contract shall be commenced within ten (10) working days after receipt of "Notice to Proceed" and all items shall be completed on or before August 1, 2011. The completion date will be administered based on 40 working days. METHOD OF PAYMENT TO CONTRACTOR The Contractor will be paid against bi-monthly estimates in cash on the basis of ninety- five percent (95%) of the work as it is completed and materials delivered and work approved. Final payment will be made thirty-one (31) days after completion of the work and acceptance by the Council. Before final payment is made, vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required unless the City is satisfied that material, men and laborers have been paid. The Contractor is hereby notified that if the City does not have cash on hand to pay monthly pay estimates, according to Chapter 384.57 of the Code of Iowa, payment may be made by anticipatory warrants issued bearing a rate of interest not exceeding that permitted by Chapter 74A, Code of Iowa. PLANS AND SPECIFICATIONS Plans and Specifications governing the construction of the proposed improvements have been prepared by AECOM, which plans and specifications and also the prior proceedings of the City Council referring to and defining said proposed improvements are hereby made a part of this notice, and the proposed contract by reference shall be executed in compliance therewith. Plans and Specifications are available from the City Engineer upon the City's receipt of a $25.00 refundable deposit. Deposits will be refunded if the plans are returned in usable condition (i.e., free of highlights, ink markings, tears, stickers, water stains and soiling) to the Engineer's Office by the end of the 14th consecutive day after the project has been awarded. No deposits will be refunded for any plans received after the 14th consecutive day, which includes plans returned via mail service. Plan holders are responsible for ascertaining when the project has been awarded. This deposit policy shall also apply to the prime contractor awarded the project for all plans and specifications obtained and distributed by the prime contractor to their subcontractors and suppliers in determining the prime contractor's bid, if the prime contractor wishes for their deposit to be returned. Upon award of project, the prime contractor shall be supplied with the needed number of plans and specifications at no additional cost. CONTRACT AWARD A contract will be awarded to the qualified bidder submitting the lowest bid. The City reserves the right to reject any or all bids, re-advertise for new bids, and to waive informalities in the bids submitted that might be in the best interest of the City. Bids may be held by the City of Waterloo, Iowa, for a period not to exceed thirty (30) days from the day of the opening of bids for the purpose of reviewing the bids and investigating the qualifications of bidders, prior to awarding the contract. By virtue of statutory authority, a preference will be given to products and provisions grown and coal produced with the State of Iowa and preference will be given to local domestic labor in the construction of the improvement. PROPOSALS SUBMITTED The bidder shall submit bids on the items listed in the proposal. The bidder shall clearly write or type the unit bid price and the bid item extension (Unit Price x Estimated Qty) in numerals on the blanks provided. Should there be any discrepancy between the unit bid price and extension, the City of Waterloo shall consider the unit bid price as being the valid unit bid price. The bidder has the option to submit a computer-generated spreadsheet in lieu of the portion of the Form of Bid or Proposal, which includes the Bid Item Number, Description, Unit, Estimated Quantity, Unit Bid Price, Total Bid Price and Total Bid. The computer-generated spreadsheet shall include all of the information listed in that portion of the Form of Bid or Proposal as well as bear the signature of the Prime Contractor submitting the bid. For the bidders who submit a computer-generated spreadsheet, the TOTAL BID (with alternates, if applicable) shall also be indicated in the space(s) provided on the Form of Bid or Proposal. BID SECURITY REQUIRED All bids must be accompanied in a separate envelope by a certified or cashier's check drawn on an Iowa bank, or a bank chartered under the laws of the United States, a certified share draft drawn on a credit union in Iowa or chartered under the laws of the United States, or bid bond, (on the form furnished by the City) payable to the City of Waterloo, Iowa, in the sum of not less than five percent (5%) of the bid submitted, which certified check, certified share draft or bid bond will be held as security that the Bidder will enter into a Contract for the construction of the work and will furnish the required bonds, and in case the successful Bidder shall fail or refuse to enter into the Contract and furnish the required bonds, his bid security may be retained by said City as agreed upon liquidated damages. If bid bond is used, it must be signed by both the Bidder and the surety or surety's agent. Signature of surety's agent must be supported by accompanying Power of Attorney. PERFORMANCE AND PAYMENT BONDS The successful bidder will be required to furnish Performance and Payment Bonds within ten (10) days after forms are presented to him in an amount equal to one hundred percent (100%) of the contract price, said bonds to be issued by a responsible surety approved by the City Council and shall guarantee the faithful performance of the contract and the terms and conditions therein contained, and shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims of any kind caused by the operations of the contractor. MAINTENANCE BOND 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. CONTRACT COMPLIANCE PROGRAM I SUBCONTRACTING The program proposes numerical projections regarding utilization of Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) as Subcontractors, vendors and suppliers in the performance of Contracts awarded by the City of Waterloo, Iowa. A goal of at least ten percent (10%) for MBE participation on all City funded construction projects that are estimated at $50,000.00 or more. A goal of at least two percent (2%) for WBE participation on all City funded construction projects that are estimated at $50,000.00 or more. Any project funded in part or in total with federal funds shall follow the respective agencies contract compliance program and goals. The Prime Contractor shall make "good-faith efforts" to meet the Contract Compliance MBE/WBE goals. The MBE/WBE subcontractors, suppliers or vendors must provide the Prime Contractor a reasonably competitive price for the service being rendered or the Contractor is not required to accept their bid. LIQUIDATED DAMAGES Time is an essential element of this contract. It is important that the work be diligently pursued to completion. If the work is not completed within the specified contract period, plus authorized extensions, the contractor shall pay to the City Liquidated Damages in the amount of five hundred dollars ($500.00) per day, for each day, as further described herein, in excess of the authorized time. Days beyond the specified completion date for which Liquidated Damages will be charged will be working days that the contractor does, or could have worked, from Monday through Saturday. Sundays will be counted only if work is performed. Partial working days will be considered as a full working day. Days not chargeable for Liquidated Damages will include rain days, Sunday if no work is done, and legal holidays. Working days will cease to be charged when only punch list items remain to be completed. Punch list items do not include contract bid items or approved change/extra work orders. When the Contractor believes the project to be substantially completed, a written notice stating the same shall be submitted to the Engineer and a request made for a Punch List. If the work under the Contract extends beyond the normal construction season for such work the Contractor shall submit to the Engineer in writing a request that working days counted toward the project be suspended until work is resumed the following construction season. This amount is not construed as a penalty. These damages are for the cost to the City of providing the required additional inspection, engineering and contract administration. PRE-CONSTRUCTION CONFERENCE Before the work is commenced on this contract, a conference shall be held for the purpose of discussing the contract. The conference shall be attended by the prime contractor, subcontractors and City Officials. RECIPROCAL RESIDENT BIDDER PREFERENCE Attention of bidders is called to the requirement of complying with the provisions of the Reciprocal Resident Bidder Preference requirement. Each bidder submitting a bid shall execute and include with the bid, a Resident Bidder Certification in the form herein provided, to the effect that he will not have as employees, Illinois laborers on the work site. SALES TAX EXEMPTION CERTIFICATES Contractors and approved subcontractors will be provided a Sales Tax Exem ption Certification to purchase building materials or supplies in the performance of construction contracts let by the City of Waterloo. Published pursuant to the provision of Chapter 26 of the Code of Iowa and upon order to the City Council of said Waterloo, Iowa, on the 11th day of April, 2011. CITY OF WATERLOO, IOWA BY: Suzy Schares City Clerk 1 STATE OF IOWA Black Hawk County I do solemnly swear that the annexed copy of 1347297 CONTRACT 802 notice was published in the WATERLOO/CEDAR FALLS COURIER - , a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues - - - commencing on 04/21/2011, in the issues of NOTICE OF PUBLIC HEARING 04/21/2011 On Proposed Plans,Specifications,Ft of Contract, PLACE J And Estimate of Cost and the of said newspaper, and that the annexed rate of NOTICE ICEthe TO BIg DDERS nBids OPEN Sam 5r advertising is the regular legal rate of said For the F.Y.2011 MIDPORT BOULEVARD EXT newspaper, and that the following is a correct SION PHASE II PCC PAVEMENT-GR AND NEW CITY CONTRACT NO.802 bill for publishing said notice . IOWA DOT RISE NO.RM-8155(722)- SERVICE 07 IN THE CITY OF WATERLOO,IOW RECEIVING OF BIDS Sealed proposals will be received by :,, Special Printer' s Bill $147 . 56 City Clerk of the City of Waterloo,low; he,-office in the City Hall of the said .et on the 2nd day of May,2011,until. Director; p.m.for the construction of the F.Y.2U Only MIDPORT BOULEVARD EXTENSIr PHASE II,CITY CONTRACT NO.802, with „A .� described in detail in the plans and spi s we( c4(,, _ fications now on file in the Office of q- �yC� Orly Clerk. Call 291 OPENING OF BIDS .-.CO(ll Signed All proposals received will be opener open Council meeting to be held in` sr for de Council Chambers in the City Hall inlit el! City of Waterloo,Iowa,on the 2nd da May,2011,at 5:30 p.m.,and the prop als will be acted upon at such later ti . ,..„„.._ ,,..,—. Subscribed and swo n to before me this and place as may then be fixed PUBLIC HEARING print ads for private r Notice is hereby given that the Council Go online @ wcfcouri said City will conduct public hearing iy D day of ���;I I the proposed plans,specifications,fog"` "`"""'""" of contract,and estimate of cost for t -. . construction ri the above-described u SUD r t.. t A< provement project at 5:30 p.m.on May m 2011 said hearing to be held in the Coat 1 o > (7 cil Chambers in the City Hall in said Cit ¢ e The proposed plans,specifications,fora ().6' i of contract,and estimate of cost for sal h r t x r _... improvements heretofore `7 AECOM are now on file in the office of th Difficulty otary P 1 pity ro n publicherein may file ri 9 1 ■■ E person interested therein may file wri ten objection thereto with the City Cle before the date set for said hearing,t ■■ 2 ■ appear and make objection thereto wi the City Clerk before the date set for sal Received of hearing, or appear and make objectic thereto aa the the ng a v svt forth. ■■■■ SCOPE OF WORK The extent of the work involved is tt the sum of Dollars construction of grading, paving, drair age and ll in the incidental itaems oor the,Iowa. ■■■ 2011 MIDPORT BOULEVARD EXTENSIO in full for publication of the above invoice . PHASE II in the City of Waterloo,Iowa. BEGINNING AND COMPLETION DATES Tha workc under the proposed work, II II shall be commenced twithinof ten(10)e work 1 4 ing days after receipt of"Notice to Pro. Notary .Seal ' teed"and all items shall be completed or or before August 1,2011.The completerII date will be administered based on 40 working days. METHOD OF PAYMENT TO CONTRAC- oOR ■■ 1 ■ The Contractor will be paid against bi- monthly estimates in cash on the basis L of ninety-five iso tpercentand(95%) iofs the work a it is completed and ddays materials delivered ■■ and work approved.Final payment will be made thirty-one(31 ccs nr by the of the work and acceptance by the Council. Bshforeows fing hl payment ismoors 7 ■■ 5 vouchers showing that all subcontractors and workmen and all persons furnishing materials have been fully paid for such materials and labor will be required un-j less the City is satisfied.that material,) 4-21-11 men and laborers have been paid. _ - . : approve. .y the City The Contractor is hereby notified that if Council and shall guarantee the faith- the City does not have cash on hand to ful performance of the contract and the pay monthly pay estimates, according terms and conditions therein contained, to Chapter 384.57 of the Code of Iowa, and shall guarantee the prompt payment payment m. •Jt .., .,feu mererigg ro£tr,6artn r,r„teet and north �� '9$ 'JOJJIW 1yAO _ Pan @ 991-8-9EZ-61-£'9$ aweJ)pOoh/M dOa2Jly4 68tt-69Z-6t£'ORS'lsan/sdey3pa -Noel:sJayleal 31OA3L101014 9568-9£Z-6tE 1VNOS83d s Cohn-886-s C 9E$ 3 SHA sa!now ewp eio;eB ONv1 9£8I.-ZEZIIeo'•pj euJnoglsam 9E9Z-686-61C uo pun();Jeuedo Joop 3ov ivo '9L$'wog v0.Ol 66o9-ECZ-six 160pf O f eo'Jaxog ONnoA S1V3411VW1110 . I i L___I._ I . . , Page 1 of 1 MARIA ARMSTRONG From: TRACIA ROSS Sent: Monday, May 02, 2011 2:46 PM To: MARIA ARMSTRONG Subject: estimate for Contract 802 Maria, Here is the engineer's estimate for the Midport Blvd Extension project that bids will be opened for tonight. $398,930.75. I believe it is a Consulting Engineer's Estimate. Please send me the bid tab via email when you get it completed. thanks, t. Tracia Ross Secretary City of Waterloo Engineering 715 Mulberry Street Waterloo,IA 50703 Ph: 319-291-4312 Fax: 319-291-4262 5/2/2011 F.Y. 2011 MidPort Boulevard Extension—Phase II, Contract No. 802 May 2, 2011 Bid Tab Engineer's Estimate: $398,930.75 Bid Bond Required Bidder Bid Bond Bid Amount Baker Concrete & Excavating 2203 E. Bremer Avenue PO Box 277 7 5 9y Waverly, Iowa 50677 Cedar Valley Corporation 2637 Wagner Road .20 S 1 PO Box 1740 3��j Waterloo, Iowa 50704 K Cunningham Construction Co., Inc. c-7 1025 Center Street pe� Cedar Falls, Iowa 50613 Peterson Contractors Inc. Box A /O 0/ 30, OT Reinbeck, Iowa 50669-0155 Stickfort Construction c� PO Box 447 /O 30 � a19, 6 Hudson, Iowa 50643 Vieth Construction Corporation 6410 Nordic Drive G-j Q 66 Cedar Falls, Iowa 50613 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-343 RESOLUTION CONFIRMING APPROVAL OF PLANS, SPECIFICATIONS, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE F.Y. 2011 MIDPORT BOULEVARD EXTENSION - PHASE II, CONTRACT NO. 802 . 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. 2011 MidPort Boulevard Extension - Phase II, Contract No. 802, 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. 2011 MidPort Boulevard Extension Phase II, Contract No. 802, which were preliminarily approved by Resolution No. 2011-290 on April 11, 2011, and WHEREAS, a public hearing, upon notice, was held on May 2, 2011. 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. 2011 MidPort Boulevard Extension - Phase II, Contract No. 802, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 2nd day of May, 2011 . Er # 4‘ )/7 est G. Clark, Mayor ATTEST: Suzy Sclares, CMC City Clerk This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-344 RESOLUTION ORDERING CONSTRUCTION IN CONJUNCTION WITH THE F.Y. 2011 MIDPORT BOULEVARD EXTENSION - PHASE II, CONTRACT NO. 802 . WHEREAS, by Resolution No. 2011-343, plans, specifications, form of contract, etc. , in conjunction with the F.Y. 2011 MidPort Boulevard Extension - Phase II, Contract No. 802, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on May 2, 2011 as prescribed by statute. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that it is deemed advisable and necessary and it is so ordered on motion by this Council that the said project proceed in accordance with said plans and specifications . PASSED AND ADOPTED this 2nd day of May, 2011 . 1/7 Er st G. C1a( ayor ATTEST: uzy Sch res, CMC City Cler I 1 CITY OF WATERLOO , IOWA Rite - � m COMMUNITY PLANNING AND DEVELOPMENT � � 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 %r700 NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: April 18, 2011 S bell BUCK Prepared: April 13, 2011 CLARK Dept. Head Signature: Aric Schroeder # of Attachments: COUNCIL MEMBERS SUBJECT: Request to set a date of public hearing to approve a 4-year farm DAVID lease with Michael Cook to farm 9 acres along the north side of Martin Luther JONES King, Jr. Drive, east of the City View Heights Neighborhood, and west of the Ward 1 Northeast Industrial Park, at$95.00 per acre with a yearly rental amount of CAROLYN $855.00 COLE Ward 2 Submitted by: Aric Schroeder, City Planner HAROLD GEC Recommended City Council Action:Approval Ward 3 Summary Statement: Transmitted herewith is the request that the City approve a HARTTIN lease agreement with Michael Cook to farm approximately 9 acres of land(see Ward 4 attached legal description and map) on land west of the Northeast Industrial area, most specifically along Martin Luther King Jr. Drive, and a small parcel to the east RON of the City View Neighborhood. Mr. Cook agrees to pay the City$95.00 per acre Ward SER for the use of the said land, which equals out to $855.00 per year, with the term beginning upon City Council approval. Mr. Cook has requested to rent the land for BOB a multi-year timeframe, which would mean he would farm the ground in 2011, GREENWOOD 2012, 2013 and 2014, if approved. Staff recommends that if a lease with Mr. Cook At-Large is approved for the 4-year timeframe,that the ending date of the tenancy be STEVE December 31st, 2014. In the past, Mr. Cook has paid for his land rent in December SCHMITT of each year, and he still intends to make his payments in that month as he has At-Large done in the past. In previous years,the rent per acre of the land in question has been $90.00, however, the City and Mr. Cook have come to the agreement to increase that amount by $5.00 to $95.00 per acre. The City believes the rental amount is a fair asking price based on the low quality of the farmland in question. Therefore, staff would request that the City Council set a date of public hearing and publish a pertinent notice for the request to enter into a 4-year lease agreement with Michael Cook, with the term of the tenancy beginning upon City Council approval in 2011, and the lease expiring on December 31, 2014. Expenditure Required: None. CITY WEBSITE:E FORtYrbo.ia.us WE'RE WORKING YOU! An Equal Opportunity/Affirmative Action Employer Source of Funds: N/A Policy Issue: Property Management Alternative: Background Information: Michael Cook has farmed the ground in question in the past. Staff would consider the land that Mr. Cook is farming as low quality farmland, and believes the proposed rental amount is fair. Mr. Cook has noted that the ground in question remains wet for most of the growing season, and the soil is sandy in some locations, resulting in lower yields. Legal Description: The East 1.81 acres of the Northeast Quarter of Section No. 19, except the North 1326.4 feet thereof, and the West One-half of the Northwest Quarter of Section No. 20, except the West 194.4 feet of the North 1326.4 feet thereof;All in Township 89 North Range No. 12 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, State of Iowa, and The North 145 feet of Block 34 of City View Heights, all in the City of Waterloo, Black Hawk County, State of Iowa, and A parcel of land located in Blocks 46, 47, 48, 49 and 50 in City View Heights in the City of Waterloo, Black Hawk County, Iowa,more particularly described as follows: Beginning at the Southeast corner of said Block 48; thence South 88°43'55"West on the South line of said Blocks 48 and 47 a distance of 617.79 feet(618.08 feet record)to the Southwest corner of said Block 47;thence North 01°05'55"West on the West line of said Block 47 a distance of 289.27 feet; thence Northeasterly on a 2206.83 foot radius curve concave Northwesterly and having a 339.11 foot long chord bearing North 61°06'51" East a distance of 339.44 feet(Arc length)to the East line of said Block 46; thence North 36°45'49" East a distance of 76.79 feet; thence North 40°54'02" East a distance of 166.38 feet;thence North 54°48'42"East a distance of 194.28 feet to the East line of said Block 50; thence South 00°58'37"East on the East line of said Blocks 50, 49 and 48 a distance of 738.70 feet to the point of beginning. ta:AS cc: Noel Anderson,Community Planning&Development Director --file-- do 6 ; Farm Land Lease - Mike Cook - . ..,..0..,..:...„., . . :. :.1 40 tom ° fr a _a �£'' ma's a:-" ;, s t ��$tHeights Subdivision M 2P s" - .. am} 0.5 Acres t\�e • ii0 • - Jt•O e-, t an` ,./ tr 5.5 Acres -- ` ' 3.0 Acres Ilf f "k.i.-20-6:-W.;44..;„:..-'-- k. --- -. ':-';P. *'.''-. 7.-...",..... .i„.. --.- 't ' '--'.' '',.it.'1;.. ...',.,......-----1:.:.......----f• . s,� ".�''nr4A,-I yr • K'ti' � �, i '. 4 # �.o �. i`'f fr ^. '?.dam, % _ ',, ,v.r3g°'.a 7: f� :::�:• N i 300 150 0 30F - - M. f r'� Feel [V).741 ty NM�'"i << " .pe, CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY-OWNED PROPERTY This Agreement made and entered into this day of 2011,by and between the City of Waterloo,Iowa(hereinafter referred to as"City"),and g2'44 .t. J. �oalG, (hereinafter referred to as "Lessee"). 1.The City agrees to allow the Lessee to use and occupy City property generally located between South View Drive and Willow Street,north of Martin Luther King Jr.Drive,and legally described in Exhibit"A"attached here to and made a part here of by this reference. 2.The City agrees to allow the Lessee to use and occupy the aforementioned City property for a term commencing on the day of ,2011,and terminating on the 318tday of December 2014. The Lessee agrees to pay the City$855(9 acres @$95.00 per acre)per year,for use of said City property during said term. 3.The City may terminate this agreement upon thirty(30)days'written notice if the City needs the use of said City property for its own purposes. As the applicant is using the land for crop production,the City would need to reimburse the lessee for any crops in production at the time of termination. Lessee may terminate this Agreement upon thirty(30)days'written notice to the Waterloo Community,Planning,and Development Department. The full amount of the payment is due,and no annual amount would be refunded if termination were to occur within the lease period. 4.In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability,claims,actions,causes or action,and/or damages which may arise or allegedly arise out of Lessee's use of the aforementioned City property,either to the City's property,or to any other person who may claim injury by and/or through,as a result of the alleged activity on City's property as aforesaid. Lessee further agrees to indemnify and hold the City harmless for any and all damages or injury,which may occur to Lessee's livestock as a result of the alleged activity on City's property as aforesaid. Lessee further aggress to indemnify and hold the City harmless for any and all damages or injury which may occur to Lessee's livestock as a result or consequence of the use of the City property. 5.This agreement contains the entire Agreement between the parties. None of the covenants,provisions, terms or conditions of this Agreement will be in any manner modified,waived,or abandoned,except by written instrument duly signed by both parties and delivered to the City and the Lessee. This occupancy agreement and the terms and conditions herein apply and are binding on the legal representative,and successors and assigns of both parties. EXECUTED THIS DAY OF ,2011 CITY OF WATERLOO SLES/E4,00/1:;eLAPPROVED BY: BY: Ernest G.Clark, Mayor ATTEST: Suzy Schares,City Clerk CITY'S ACKNOWLEDGMENT STATE OF IOWA, COUNTY,SS: On this day of ,AD 2011,before me,the undersigned,a Notary Public in and for said County,in said State,personally appeared and to me personally known,who, before by me duly sworn,did say that they are the MAYOR and CITY CLERK,respectively,of said City executing the within and foregoing instrument to which this is attached,that the seal affixed thereto is the seal of said City;that said instrument was signed and sealed on behalf of said City by authority of it's City Council;and that the said MAYOR and CITY CLERK,acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public in and for said County STATE OF IOWA, } Black Hawk County, SS I do solemnly swear that the annexed copy of legal City of Waterloo May 2nd meeting-3 year lease agreement NOTICE OF PUBLIC HEARING Notice was published in the Courier, a daily TO WHOM ITMAY CONCERN: publication printed in Waterloo, Black Hawk County, Notice is hereby given that on the 2nd day of May,2011,at 5:30 p.m.,in the Council Chambers in the City Hall in the Iowa, 1 time commencing on the 28th day of April, City of Waterloo,Iowa,a public hearing will be held by the Council of the City of 2011 in the name of said newspaper, and that the Waterloo,Iowa,on a 4 Year Lease amount of with Michael Cook in the annexed legal rate of advertised is the regular rate of amount of$855.00[o farm approximately 9 acres of land located along the north side of Martin Luther King.Jr.Drive,east said newspaper, and that the following is a correct bill of the City View Heights Neighborhood, and west of the Northeast Industrial for publishing said notice. Park,described as follows: The East 1.81 acres of the Northeast Quarter of Section No.19,except the North 1326.4 feet thereof,and the West Printer's Bill $28.21 One-half of the Northwest Quarter of inSection o Nshi 20,except the West 12 l feet of the th North feet thereof;All in Township 89 North Range No.12 West of the Fifth Principal Meridian in the City of Waterloo,Black Hawk County, f' State of Iowa,and Signed The North 145 feet of Block 34 of City View Heights,all in the City of Waterloo, Black Hawk County,State of Iowa,and A parcel of land located in Blocks 46,47, 48,49 and 50 in City View Heights in the City of Waterloo,Black Hawk County,Io- wa,more particularly described as Subscribed and swo - to before me this follows: Beginning at the Southeast corner of said Block 48;thence South 88°43'55" 71 t West on the South line of said Blocks 48 Day of A.D., 20 and 47 a distance of 617.79 feet(618.08 feet record)to the Southwest corner of / a3 •, said Block 47;thence North 01°05'55' v" s t Weston the West line of said Block 47 a distance of 289.27 feet;thence North- t r ' ° ` C '•=• -o easterly on a 2208.83 foot radius curve r - ._'i- ., concave Northwesterly and having a (� Lr3 _ 339.11 foot long chord bearing North ---' 61°06'51"East a distance of 339.44 feet Notary Public (Arc length)to the East line of said Block 46;thence North 36°45'49"East a dis- tance of 76.79 feet;thence North 40°54'02"Easta distance of 166.38 feet; Received of thence North 54°48'42"East a distance of 194.28 feet to the East line of said Block 50;thence South 00'58'37"East on the East line of said Blocks 50,49 and 48 a distance of 738.70 feet to the point of beginning,all in the City of Waterloo: Black Hawk County,Iowa. Anyone who is interested may appear at said time and place and be heard or may the sum of file written objection with the City Clerk, I -- City Hall,Waterloo,Iowa,before the date set for said hearing. By order of the Council of the City of Wa- terloo this 18th day of April,2011. Dollars. Suzy Schares City Clerk. —__ In full for publication of the above notice. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-345 RESOLUTION APPROVING LEASE AGREEMENT WITH MICHAEL COOK AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Lease Agreement dated May 2, 2011, at a cost of $95 . 00 per acre for a total of $855 . 00 per year, to farm approximately 9 acres of city-owned land generally located between South View Drive and Willow Street, north of Martin Luther King Jr. Drive, for the period May 2, 2011 through December 31, 2014, by and between Michael Cook 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 2nd day of May, 2011 . Li fee." Ernest G. Clark, Mayor ATTEST: Suzy Schar s, CMC City Clerk CITY OF WATERLOO , IOWA _�, CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4323 Fax(319)291-4571 ^^^-� 0 SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officerterloo Mayor �� BUCK Veit r % S/ 4tft,/ CLARK Council Communication COUNCIL City Council Meeting: April 25, 2011 MEMBERS Prepared: April 18, 2011 • Dept. Head Signature: DAVID Number of Attachments: None JONES Ward 1 CAROLYN SUBJECT: Funding for Additional Expenses for the COLE RiverLoop Expo Project Ward 2 HAROLD Submitted by: Michelle Weidner, Chief Financial Officer GETTY Ward 3 Recommended City Council Action: I recommend that the Council set a date QUENTINM. of public hearing for May 2, 2011 to approve the reallocation of up to $100,000 of HART General Obligation Bonds, Series 2006A and Series 2007A to pay costs for the Ward4 clearance, upgrading and improvement of the RiverLoop Expo Grounds. RON Summary Statement: This reallocation will provide funding needed to WELPER complete the work on the RiverLoop Expo project. Ward 5 BOB Expenditure Required: Up to $100,000 GREENWOOD At-Large Source of Funds: Interest earned on bond funds STEVE Policy Issue: None SCHMITT At-Large Alternative: None Background Information: The City has been working on the RiverLoop Expo Grounds project for several years. The final work has been completed. Additional funding is needed to address issues that arose due to working in an older area of the city. CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer AHLERS COONEY, P.C. ATTORNEYS AT LAW 100 COURT AVENUE•SUITE 600 DES MOINES,IOWA 50309-2231 PHONE 515-243-7611 FAX: 515-243-2149 VVWW.AHLERSLAW.COM WILLIAM J.NOTH Direct Dial: WNOTH@AHLERSLAW.COM (515)246-0332 April 12, 2011 Ms. Suzy Schares City Clerk City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 RE: Proposed reallocation of unspent proceeds of General Obligation Bonds, Series 2006A and the General Obligation Bonds, Series 2007A Dear Ms. Schares: With this letter I am enclosing a suggested resolution setting a date of public hearing on a proposal to reallocate a portion of the unspent proceeds of the General Obligation Bonds, Series 2006A and the General Obligation Bonds, Series 2007A, in the aggregate amount of not to exceed $100,000 ("Unspent Proceeds"), to pay costs for the clearance, upgrading and improvement of the River Loop Expo Grounds. This project was not included among those expected to be funded with the Series 2006A Bonds and the Series 2007A Bonds when the same were issued. For this reason, we suggest that the Council elect to conduct a public hearing on the proposed reallocation of the Series 2006A Bond and the Series 2007A Bonds proceeds for this purpose. Such reallocation is otherwise permitted under the federal income tax regulations applicable to the Series 2006A Bonds and the Series 2007A Bonds. The notice of this hearing must be published once in a legal newspaper having general circulation in the City, with the publication being not less than four clear days nor more than twenty days before the date of said public meeting. April 12, 2011 Page 2 I also am enclosing suggested proceedings to be acted upon by the City Council on the date set for the public hearing on the proposal to reallocate the Unspent Proceeds as so described. The proceedings first document the receipt of any comments or objections that may be received with respect to the proposal. If the Council determines following the hearing to approve the reallocation, the resolution that follows should then be adopted. This resolution directs that the Chief Financial Officer take such action as may be necessary to implement the reallocation and to cause the records and accounts of the City to reflect the same. As always, we would appreciate receiving certified copies of the enclosed proceedings once the Council has acted on the same. We would also appreciate receiving the publisher's affidavit once it becomes available. Should any questions arise, please don't hesitate to call me. Yours very truly, William J. Noth WJN:dc encl. cc: Michelle Weidner(w/encl.) 689856.1\11310.000 STATE OF IOWA, } Black Hawk County, SS I do solemnly swear that the annexed copy of legal City of Waterloo May 2nd meeting-Bond Series Notice was published in the Courier, a daily publication printed in Waterloo, Black Hawk County, Iowa, 1 time commencing on the 28th day of April, 2011 in the name of said newspaper, and that the annexed legal rate of advertised is the regular rate of NOTICE AND CALL OF PUBLIC said newspaper, and that the following is a correct bill MEETING L1 1., Governmental Body:The City Council of for publishing said notice. Waterloo,Iowa. Date of Meeting:May 2,2011. Time of Meeting:5:30 o'clock P.M. n.. Q c Place of Meeting:Council Chambers, Printer's Bill $12.15 City Hall,Waterloo,Iowa. PUBLIC meet NOTICE IStHEREBY GIVEN /n�--'�',.��n�`'''�� that the above mentioned governmental cis n V body will meet at the date,time and �\,J-V���/„J • place above set out.The tentative agen- da for said meeting is as follows: Resolution fixing date for a meeting on Signed the proposal to reallocate certain un- spent proceeds of the General Obliga- tion Bonds,Series 2006A and General Obligation Bonds,Series 2007A,and providing for publication of notice thereof 'Such additional matters as are set forth Subscribed and sworn to before me this on the additional 9 page(s)attached hereto. This notice is given at the direction of the Mayor pursuant to Chapter 21,Code of Day of Iowa,and the local rules of said govern- A.D., 20 mental body. Suzy Schares City Clerk,Waterloo,Iowa Notary Public Received of the sum of Dollars. In full for publication of the above notice. (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of Waterloo, Iowa. Date of Meeting: May 2 , 2011. Time of Meeting: 5:30 o'clock P.M. Place of Meeting: Council Chambers, City Hall, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting-is as follows: General Obligation Bonds, Series 2006A and General Obligation Bonds, Series 2007A X Public hearing on the proposed reallocation of unspent proceeds. X Resolution instituting proceedings to take additional action. Such additional matters as are set forth on the additional 6 page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. Suzy chIres, City Clerk Waterloo, Iowa May 2 , 2011 The City Council of Waterloo, Iowa, met in regular session, in the Council Chambers, City Hall, Waterloo, Iowa, at 5:30 o'clock P.M., on the above date. There were present Mayor Ernest G. Clark , in the chair, and the following named Council Members: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart Absent: none The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the proposed reallocation of not to exceed $100,000 of the unspent proceeds of the General Obligation Bonds, Series 2006A and General Obligation Bonds, Series 2007A, in order to provide funds to pay costs for the clearance, upgrading and improvement of the River Loop Expo Grounds, and that notice of the proposed action by the Council to institute proceedings for the proposed reallocation had been published pursuant to the provisions of Sections 364.6 and 384.25 of the City Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any City resident or property owner to the proposed reallocation. The Clerk advised the Mayor and the Council that 0 written objections had been filed. The Mayor then called for oral objections to the proposed reallocation and 0 were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) The Council then considered the proposed action and the extent of objections thereto. Whereupon, Council Member Schmitt introduced and delivered to the Clerk the Resolution hereinafter set out entitled "RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2006A AND THE GENERAL OBLIGATION BONDS, SERIES 2007A OF THE CITY OF WATERLOO, IOWA", and moved: X that the Resolution be adopted. CIto ADJOURN and defer action on the Resolution and the proposal to institute proceedings for the proposed reallocation to the meeting to be held at o'clock .M. on the day of , 2011, at this place. Council Member Welper seconded the motion. The roll was called and the vote was, AYES: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart NAYS: none Whereupon, the Mayor declared the measure duly adopted. RESOLUTION NO. 2011-346 RESOLUTION INSTITUTING PROCEEDINGS TO TAKE ADDITIONAL ACTION AND APPROVING THE REALLOCATION OF CERTAIN UNSPENT PROCEEDS OF THE GENERAL OBLIGATION BONDS, SERIES 2006A AND THE GENERAL OBLIGATION BONDS, SERIES 2007A OF THE CITY OF WATERLOO, IOWA WHEREAS, pursuant to notice published as required by law, this Council has held a public meeting and hearing upon the proposal to institute proceedings for the reallocation of certain unspent proceeds, in the amount of not to exceed $100,000 (the "Unspent Proceeds") of the General Obligation Bonds, Series 2006A and the General Obligation Bonds, Series 2007A, of the City of Waterloo, Iowa, in order to provide funds to pay costs for the clearance, upgrading and improvement of the River Loop Expo Grounds, and has considered the extent of objections received from residents or property owners as to said proposal and, accordingly the following action is now considered to be in the best interests of the City and residents thereof: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That this Council does hereby institute proceedings and takes additional action for the reallocation of the Unspent Proceeds of the General Obligation Bonds, Series 2006A and the General Obligation Bonds, Series 2007A, for the foregoing purposes, and the reallocation of the Unspent Proceeds to pay costs for the clearance, upgrading and improvement of the River Loop Expo Grounds is in all respects authorized and approved. Section 2. The Chief Financial Officer is authorized and directed to take such action as may be necessary to effect and implement the foregoing reallocation of the Unspent Proceeds to pay costs for the clearance, upgrading and improvement of the River Loop Expo Grounds, and to cause the records and accounts of the City to reflect the same. PASSED AND APPROVED this 2nd day of May , 2011. lAtd ad est G. Clark, Mayor ATTEST: Suzy Sch es, City Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto)pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this 2'd day of May , 2011. uzy Sc res, City Clerk Waterloo, Iowa SEAL 689857.1111310.000 CITY OF WATERLOO Council Communication City Council Meeting: May 2, 2011 Prepared: April 26, 2011 Dept. Head Signature: Dennis Clark #of Attachments: 1 SUBJECT: Release of two Real Estate Mortgages for Payment of Promissory Note in Conjunction with the Kimball South Rural Water Main Project Submitted by: Dennis Clark, General Manager of Waterloo Water Works Recommended City Council Action: Adopt Resolutions approving release of two Real Estate Mortgages for Payment of Promissory Notes in Conjunction with the Kimball South Rural Water Main Project and directing execution of said Release of Real Estate Mortgages by Mayor. Owner Address Loren F. Steimel and Ruth M. Steimel 10542 Kimball Avenue Marsau Farms, Ltd. 8321 Hammond Avenue Summary Statement: As part of a water main extension project which was completed in October 1996, residents in the area of South Kimball Avenue signed agreements to pay the Water Works a participation fee for access to the water main. The participants had two options: payment of the total fee up front, or payment terms with a 15-year term promissory note. Note balances can be prepaid at anytime without penalty. The property owners listed above have paid the promissory notes in full. The Board of Trustees of the Waterloo Water Works adopted a resolution at their Board meeting, instructing the General Manager to forward the request to approve the release of the Real Estate Mortgages to the Mayor and City Council of Waterloo, Iowa. Expenditure Required: No City funds are required for this action. The Waterloo Water Works paid for the water main extension project, and is recovering the balance of the project costs by payment of the promissory notes. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Policy Issue: Alternative: Background Information: RESOLUTION NO. 2011-347 RESOLUTION APPROVING RELEASE OF REAL ESTATE MORTGAGE WITH LOREN F. STEIMEL AND RUTH M. STEIMEL FOR 10542 KIMBALL AVENUE, FOR PAYMENT OF PROMISSORY NOTE IN CONJUNCTION WITH THE KIMBALL SOUTH RURAL WATER MAIN PROJECT AND DIRECTING EXECUTION OF SAID RELEASE OF REAL ESTATE MORTGAGE BY MAYOR. WHEREAS, Loren F. Steimel and Ruth M. Steimel have paid the Waterloo Water Works the remaining balance of the Promissory Note and Mortgage for 10542 Kimball Avenue in conjunction with the Kimball South Rural Water Main Project for the following described property: The South One-half (S ) of Section Nine (9) , Township Eighty-seven (87) North, Range Thirteen (13) West of the Fifth Principal Meridian in Black Hawk County, Iowa, subject to all existing liens, EXCEPTING Beginning at the Southeast corner of said Section Nine ( 9) ; thence North 0° 00 ' West One Thousand Five Hundred Nine and 05/100 ' s (1, 509. 05) feet; thence South 80° 48 ' West One Thousand Five Hundred Seven and 78/100 ' s (1, 507 . 78) feet; thence South 10° 55 ' 30" West Two Hundred Sixty-four and 17/100 ' s (264 . 17) feet; thence South 3° 49 ' 30" West Two Hundred Twelve and 97/100 ' s (212 . 97) feet; thence North 83° 21 ' West One Hundred Forty-one and 38/100 ' s (141 . 38) feet; thence North 57° 39 ' West One Hundred Forty-five and 87/100 ' s (145 . 87) feet; thence North 67° 59 ' 30" West Three Hundred One and 66/100 ' s (301 . 66) feet; thence North 87° 37 ' West Two Hundred Ninety-five and 62/100 ' s (295 . 62) feet; thence North 82° 43 ' West Two Hundred Eighty-eight and 92/100 ' s feet (288 . 92) feet; thence South 73° 10 ' West One Hundred Eighty-two and 18/100 ' s (182 . 18) ; thence South 89° 2 ' 30" West One Hundred Sixty-five and 1/10ths (165 . 1) feet; thence South 58° 35 ' 30" West One Hundred Twenty-eight and 85/100 ' s (128 . 85) feet; thence South 74 ° 30 ' 30" West Two Hundred Eighty-six and 6/10ths (286 . 6) feet; thence North 80° 17 ' West Eight Hundred Ninety-five and 70/100 ' s (895. 70) feet; thence North 57° 21 ' 30" West One Hundred Seventy-six and 5/100 ' s (176. 05) feet; thence North 84° 45 ' 30" West Sixty-seven and no/100 ' s (67 . 0) feet; thence North 59° 14 ' 30" West One Hundred Thirty-three and 32/100 ' s (133 . 32) feet; thence North 35° 17 ' West One Hundred Fifteen and no/100 ' s (115 . 0) feet; thence South 44 ° 18 ' West Eight Hundred Seven and 55/100 ' s (807 . 55) feet; thence South 0° 1 ' West Nine Hundred Twenty-three and 15/100 ' s (923. 15) feet along the West line of said Section Nine (9) to the Southwest corner of said Section Nine (9) ; thence East to the Southeast corner of said Section Nine (9) the point of beginning, AND ALSO EXCEPTING Commencing at the Northeast corner of the South half (S ) of Section Nine (9) ; thence West along the North line thereof a distance of Three Hundred Twenty-four and no/100' s (324 . 0) feet; thence South parallel with the East line of said Section a distance of Three Hundred Five and no/100 ' s (305 . 0) feet; thence East to the East line of said Section; thence North to the point of beginning, and also excepting all legal highways, all in the City of Waterloo, Black Hawk County, Iowa. Resolution No. 2011-347 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Release of Real Estate Mortgage dated May 2, 2011, for payment of Promissory Note in conjunction with the Kimball South Rural Water Main Project, by and between Loren F. Steimel and Ruth M. Steimel 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 2116 day of May, 2011 . ciC�G4.1 )71 Y, P64/2 r est G. Clark, Mayor ATTEST: Suzy S a es, CMC City Clerk RESOLUTION NO. 2011-348 RESOLUTION APPROVING RELEASE OF REAL ESTATE MORTGAGE WITH MARSAU FARMS, LTD. FOR 8231 HAMMOND AVENUE, FOR PAYMENT OF PROMISSORY NOTE IN CONJUNCTION WITH THE KIMBALL SOUTH RURAL WATER MAIN PROJECT AND DIRECTING EXECUTION OF SAID RELEASE OF REAL ESTATE MORTGAGE BY MAYOR. WHEREAS, Marsau Farms, Ltd. has paid the Waterloo Water Works the remaining balance of the Promissory Note and Mortgage for 8231 Hammond Avenue in conjunction with the Kimball South Rural Water Main Project for the following described property: The North Thirty-three (33 . 0) feet of the South Ninety- nine (99 . 0) feet of the Northwest Quarter (NW4) of the Northwest Quarter (NWT) and the South Sixty-six (66. 0) feet of the West Six Hundred Thirty (630. 0) feet of the Northwest Quarter (NWT) of the Northwest Quarter (NWT) ; and the North Two Hundred Seventy-nine (279. 0) feet of the West Six Hundred Thirty (630 . 0) feet of the Southwest Quarter (SWk) of the Northwest Quarter (NW4) all being in Section Thirty-five (35) , Township Eighty- eight (88) North, Range Thirteen (13) West of the Fifth Principal Meridian in Black Hawk County, Iowa. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Release of Real Estate Mortgage dated May 2, 2011, for payment of Promissory Note in conjunction with the Kimball South Rural Water Main Project, by and between Marsau Farms, Ltd. 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 2nd day of May, 2011 . Er st G. Clark Mayor ATTEST: Su y S h res,, CM��CM City Clerk >„i * CITY OF WATERLOO , IOWA wee' �% CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4323 Fax(319)291-4571 dterl00 \O� SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Council Communication City Council Meeting: May 2, 2011 Prepared: April 26, 2011 Dept. Head Signature: � �Xc_. 6I_Lc Mayor BUCK Number of Attachments: None CLARK SUBJECT: Arbitrage Testing for Bonds Issued in 2006 COUNCIL Submitted by: Michelle Weidner MEMBERS Recommended City Council Action: I recommend that the Council adopt a resolution approving engaging the Berens-Tate Consulting Group to complete DAVID required arbitrage testing for the general obligation bonds issued in 2006 in an JONES amount not to exceed $3,500. Ward 1 Summary Statement: Arbitrage calculations are required when cities issue CARSLYN bonded debt and wish to obtain the special tax-exempt provisions that allow the Ward2 debt to qualify for lower interest rates. Federal tax law contains special requirements that allow the interest that cities pay on qualifying debt to be tax- HAROLD exempt for federal tax purposes to the individuals and corporations that purchase GETTY the city's bonds. Ward 3 QUENTINM. There are several strings attached to obtaining this tax exemption. First of all, the HART City must file a tax exemption certificate for each bond issue, which states that Ward 4 the tax exempt status will be maintained over the life of the bond. The City is then RON responsible to ensure that such status is maintained. The City's bond attorney is WELPER required to issue an opinion on each issue verifying that the bonds are tax Ward 5 exempt. Before they do that, they typically want assurances that the tax BOB exemption hasn't been lost on prior issues. GREENWOOD At-Large One of the ways that the tax exemption can be lost is for the bond to be classified as an "arbitrage bond". There are numerous tests that must be completed in STEVE order to verify that the bonds are not "arbitrage bonds". Even if these tests are SCHMITT failed, if the issuer timely makes "rebate" payments to the US government, the At-Large bonds can avoid being classified as "arbitrage bonds". The calculations that I am requesting be completed at this time will verify that our outstanding bond issues retain their tax-exempt status. Expenditure Required: Not to exceed $3,500 Source of Funds: Bond funds Policy Issue: See above Alternative: If the testing isn't completed, the city has the potential to lose the tax-exempt status of current bonds, making it difficult to sell future bond issues. Background Informa ' above. (Ai Y" WEBSI I E: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-349 RESOLUTION APPROVING AGREEMENT WITH BERENS- TATE CONSULTING GROUP AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated May 2, 2011, at a cost not to exceed $3, 500 . 00, to complete required arbitrage testing for the general obligation bonds issued in 2006, by and between Berens-Tate Consulting Group of Omaha, Nebraska 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 2nd day of May, 2011 . E est G. lar , Mayor ATTEST: Suzy Scha es, CMC City Cler } , • ,11.■, 1 ,, CITY OF WATERLOO , IOWA CITY CLERK AND FINANCE DEPARTMENT Tm 715 Mulberry Street • Waterloo, IA 50703 • (319)291-4323 Fax(319)291-4571 •Nr100 SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: May 2, 2011 MEMBERS Prepared: April 26, 2011 ' Dept. Head Signature: Number of Attachments: 1 DAVID JONES WardI SUBJECT: Approval of the use of up to $275,000 in Tax Increment CAROLYN Financing funds for the construction of a rail spur for Secor Investments, LLC COLE generally located in the Rath Urban Renewal Area. Ward 2 Submitted by: Michelle C. Weidner, Chief Financial Officer HAROLD GETTY Ward3 Recommended City Council Action: Planning is requesting that a resolution QUENTINM. authorizing the use of Rath Urban Renewal Area Tax Increment Financing funds HARTfor the construction of a rail spur for Secor Investments, LLC generally located in Ward4 the Rath Urban Renewal Area be approved. RON Summary Statement: WELTER Ward5 Expenditure Required: $275,000 BOB Source of Funds: Tax Increment in Rath Urban Renewal Area GREENWOOD At-Large Policy Issue: N/A STEVE SCHMITT Alternative: At-Large Background Information: CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE RATH AREA URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Rath Area Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including making economic development grants for development and transportation; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution No. 2009-484 adopted on May 26, 2009, approved and authorized an agreement with Secor Investments, LLC to provide a rail spur at their site in the Rath Area Urban Renewal Area; and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $275,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. there has been established the Rath Area Urban Renewal Area Tax Increment Revenue Fund(the Tax Increment Fund), into which all incremental property tax revenues received from the Rath Area Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $275,000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 2011. Mayor ATTEST: City Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of • Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 2011. City Clerk, Waterloo, Iowa SEAL DCORNELL/569667.1/MSWord111310.000 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-350 RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE RATH AREA URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403 . 19. WHEREAS, the City of Waterloo, Iowa has established the Rath Area Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including making economic development grants for development and transportation; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution No. 2009-484 adopted on May 26, 2009, approved and authorized an agreement with Secor Investments, LLC to provide a rail spur at their site in the Rath Area Urban Renewal Area; and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403 . 19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $275, 000 . NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows : Section 1 . Pursuant to Ordinance No. 3749 there has been established the Rath Area Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund) , into which all incremental property tax revenues received from the Rath Area Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2 . It is hereby directed that an amount not to exceed $275, 000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project . The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3 . The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Resolution No. 2011-350 Page 2 Project, and certification for reimbursement under Iowa Code Section 403 . 19. PASSED AND ADOPTED this 2nd day of May, 2011 . rnest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Clerk CERTIFICATE STATE OF IOWA SS COUNTY OF BLACK HAWK I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing 1 proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions . WITNESS my hand and the seal of said Municipality hereto affixed this 2nd day of May, 2011 . Suzy Sc ares, CMC SEAL City Cl rk This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-350 RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE RATH AREA URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403. 19 . WHEREAS, the City of Waterloo, Iowa has established the Rath Area Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including making economic development grants for development and transportation; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution No. 2009-484 adopted on May 26, 2009, approved and authorized an agreement with Secor Investments, LLC li to provide a rail spur at their site in the Rath Area Urban Renewal Area; and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403 . 19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $275, 000 . NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1 . Pursuant to Ordinance No. 3749 there has been established the Rath Area Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund) , into which all incremental property tax revenues received from the Rath Area Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2 . It is hereby directed that an amount not to exceed $275, 000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest . Section 3 . The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the a Resolution No. 2011-350 Page 2 Project, and certification for reimbursement under Iowa Code Section 403 . 19. PASSED AND ADOPTED this 2nd day of May, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Clerk CERTIFICATE STATE OF IOWA SS COUNTY OF BLACK HAWK I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions . WITNESS my hand and the seal of said Municipality hereto affixed this 2nd day of May, 2011 . Suzy S ares, CMC SEAL City Clerk CITY OF WATERLOO , IOWA I►y��'��% CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo,IA 50703 • (319)291-4323 Fax(319)291-4571 rj 7---- O SUZY SCHARES • City Clerk MICHELLE WEIDNER,CPA • Chief Financial Officer Mayor BUCK CLARK Council Communication COUNCIL City Council Meeting: May 2, 2011 MEMBERS Prepared: April 26, 2011 Dept. Head Signature: f�{ce�l � (/J.U-62.111/2- Number of Attachments: 1 DAVID TONES Ward1 SUBJECT: Approval of the use of up to $100,000 in Tax Increment Financing funds for the acquisition of property generally located in the Downtown CAROLYN Urban Renewal Area. COLE Ward 2 Submitted by: Michelle C. Weidner, Chief Financial Officer HAROLD GETTY Ward3 Recommended City Council Action: Planning is requesting that a resolution authorizing the use of Downtown Tax Increment Financing funds for the QUENTINM. acquisition of property generally located in the Downtown Urban Renewal Area HART be approved. Ward 4 RON • Summary Statement: WELPER Wards Expenditure Required: Not to exceed $100,000 BOB Source of Funds: Tax Increment in the Downtown Urban Renewal GREENWOOD Area At-Large STEVE Policy Issue: N/A SCHMITT At-Large Alternative: Background Information: CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE DOWNTOWN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403.19 WHEREAS, the City of Waterloo, Iowa has established the Downtown Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the acquisition of real property for future development of the Downtown Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution No. 2010-601 adopted on July 12, 2010, approved and authorized execution of a Real Estate Purchase Agreement between the City of Waterloo, as Buyer, and the Chauffeurs Teamsters & Helpers Local Union No. 238, as Sellers, relating to the Seller's real property located generally in the Downtown Urban Renewal Area, Waterloo, Iowa which property will be included in the future development of the Downtown Urban Renewal Area (the "Project"); and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403.19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $100,000. NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1. Pursuant to Ordinance No. there has been established the Downtown Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund), into which all incremental property tax revenues received from the Downtown Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2. It is hereby directed that an amount not to exceed $100,000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Section 3. The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403.19. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, this day of , 2011. Mayor ATTEST: City Clerk CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this • day of , 2011. City Clerk, Waterloo, Iowa SEAL DCORNELL/569667.1/MSWord\11310.000 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-351 RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE DOWNTOWN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403 . 19. WHEREAS, the City of Waterloo, Iowa has established the Downtown Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the acquisition of real property for future development of the Downtown Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution No. 2010-601 adopted on July 12, 2010, approved and authorized execution of a Real Estate Purchase Agreement between the City of Waterloo, as Buyer, and the Chauffeurs Teamsters & Helpers Local Union No. 238, as Sellers, relating to the Seller' s real property located generally in the Downtown Urban Renewal Area, Waterloo, Iowa which property will be included in the future development of the Downtown Urban Renewal Area (the "Project") ; and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403 . 19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $100, 000 . NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1 . Pursuant to Ordinance No. 4494 there has been established the Downtown Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund) , into which all incremental property tax revenues received from the Downtown Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2 . It is hereby directed that an amount not to exceed $100, 000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project. The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. S Resolution No. 2011-351 Page 2 Section 3 . The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403. 19 . PASSED AND ADOPTED this 2nd day of May, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMCo LJ City Clerk CERTIFICATE STATE OF IOWA SS COUNTY OF BLACK HAWK I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions . Resolution No. 2011-351 Page 3 WITNESS my hand and the seal of said Municipality hereto affixed this 2nd day of May, 2011 . Suzy Sch res, CMC SEAL City Clerk s w This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-351 RESOLUTION APPROVING AN ADVANCE OF FUNDS FOR REPAYMENT FROM THE DOWNTOWN URBAN RENEWAL TAX INCREMENT REVENUE FUND AND DIRECTING THE FILING OF CERTIFICATION UNDER IOWA CODE SECTION 403 . 19. WHEREAS, the City of Waterloo, Iowa has established the Downtown Urban Renewal Area (the "Urban Renewal Area") and is undertaking certain projects within the Urban Renewal Area, including the acquisition of real property for future development of the Downtown Urban Renewal Area; and WHEREAS, in furtherance thereof the City Council has heretofore, by Resolution No. 2010-601 adopted on July 12, 2010, approved and authorized execution of a Real Estate Purchase Agreement between the City of Waterloo, as Buyer, and the Chauffeurs Teamsters & Helpers Local Union No. 238, as Sellers, relating to the Seller' s real property located generally in the Downtown Urban Renewal Area, Waterloo, Iowa which property will be included in the future development of the Downtown Urban Renewal Area (the "Project") ; and WHEREAS, in order to advance funds for the cost of the Project, it is necessary to make certain findings under Chapter 403 of the Code of Iowa; and WHEREAS, it is the intention of the City to certify the amount of funds so advanced, together with interest, for reimbursement under Iowa Code Section 403. 19; and WHEREAS, the amount of funds to be advanced for the Project shall not exceed $100, 000 . NOW, THEREFORE, IT IS RESOLVED by the City Council of the City of Waterloo, Iowa, as follows: Section 1 . Pursuant to Ordinance No. 4494 there has been established the Downtown Urban Renewal Area Tax Increment Revenue Fund (the Tax Increment Fund) , into which all incremental property tax revenues received from the Downtown Urban Renewal Area are deposited. The Council finds the Project to be an Urban Renewal Project as defined in Iowa Code Chapter 403, and further approves an advance of City funds for said Project. Section 2 . It is hereby directed that an amount not to exceed $100, 000 be advanced from time to time from the Capital Improvements Fund in order to pay the costs of the Project . The advance shall be treated as an internal loan from the Capital Improvements Fund and shall be repaid to the Capital Improvements Fund from the Tax Increment Fund at the earliest opportunity, without interest. Resolution No. 2011-351 Page 2 Section 3 . The Chief Financial Officer and other City officials having responsibility for the books and records of the City shall take such actions as are necessary to comply with this Resolution, including but not limited to inclusion of these amounts in the budget, the advance and transfer of funds for the Project, and certification for reimbursement under Iowa Code Section 403 . 19 . PASSED AND ADOPTED this 2nd day of May, 2011 . Ernest G. Clark, Mayor ATTEST: Nc..� z1] Suzy Schkres, CMC City Clerk CERTIFICATE STATE OF IOWA SS COUNTY OF BLACK HAWK I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions . Resolution No. 2011-351 Page 3 WITNESS my hand and the seal of said Municipality hereto affixed this 2nd day of May, 2011. Suzy Schres, CMC SEAL City Clerk ior_ �i,, CITY OF WATERLOO , IOWA -.. COMMUNITY PLANNING AND DEVELOPMENT M�1� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 11 djer!Oo �O NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: 05/02/11 BUCK Prepared: 04/27/11 � CLARK Dept. Head Signature: ��G1/`" r u �/�_- # of Attachments: 10 COUNCIL MEMBERS SUBJECT: Resolution approving the bonds and certificate for the contract with DAVID Kelly Demolition, LLC for demolition and site clearance services (no RACM) Group TONES 1 in connection with Public Assistance (PA) demolition activities of the Hazard Ward 1 Mitigation Grant Program (HMGP) Property Acquisition Project. CAROLYN Submitted by: Aric Schroeder, City Planner COLE Ward 2 Recommended City Council Action:Approve the bonds and certificate for the HAROLD contract for demolition services with Kelly Demolition, LLC. GETTY Ward 3 Summary Statement: QUENTIN HART Expenditure Required: none Ward 4 Source of Funds: N/A RON WELPER Wards Policy Issue: Demolition of properties acquired as part of the HMGP Property Acquisition Project BOB GREENWOOD Alternative:N/A At-Large STEVE Background Information: At the 4/25/11 Council meeting the Council awarded SCHMITT the contract for demolition and site clearance services (no RACM) Group 1 to Kelly At-Large Demolition, LLC. As part of the bid documents and contract documents, Kelly Demolition was required to submit a Bid Bond, a Certificate of Insurance, a Performance Bond, and a Payment Bond. All required documents have been submitted and we are requesting that the Council adopt a resolution approving the bonds and certificate. It is anticipated that demolition activates under the contract will commence within the next two to three weeks. cc: Noel Anderson,Community Planning&Development Director Chris Western,Planner II Path: K:\USERS\ARICS\City of Waterloo\council letters\RFPs Bids Contracts and Agreements for Goods or Services\0427.11 Council Communication for Approving Bonds and Certificate of Insurance for Demo Contract with Kelly Demolition.doc CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! 111 An Equal Opportunity/Affirmative Action Employer i BID BOND 'KNOW•.ALL MEN •BY THESE PRESENTS,- That we. the undersigned, Kelly Demolition, LLC (Name of •Prfncip7) as -PRINCIPAL, and North American Specialty Insurance Company as:SURETY'ere held 'and firmly-bound unto the City of Waterloo. Iowa-through its Camminity Development. Board-the-penal sum Of Five Percent of the Amount Bid------------ Dollar -) iavifu]-money- of the -United States, for• the payment .of which sum will and•truly• to' be made, we bind ourselves; our heirs; executors; Administrators, •successors and assigns.jointly and s seesverally, firmly by these presents.. THE.CONDITION OF THIS OBLIGATION IS SUCH, that whereas•the Principal; has submitted the accompanying bid dated April11 2011 for Demolition and Site Clearance, Community-Development .Board Dema tion 'Proj.ect. :NOW THEREFORE, if the Principal shall not withdraw said bid 'within the .period .specified therein after the opening of- the same, or,'if no •period be • specified, within thirty (30) days after the said opening, and Shall _within the period specified therefore, or, if no period be specified within ten {ID) days after the prescribed forms are presented tb him.for -signature,;enter into a written Contract with the City of Waterloo An- accordance. with the 'bid as' accepted, and give bond with good and slifficIent. surety or •sureties -as may be .required, for the faithful performance and proper •fulfillment..of. such' Contract; or in the event of the withdrawal -of said•bid within the period specified, or the failure to enter' into such Contract'•-acid-•give such bond • within;the time specified;, .if the, Principal.-shall. pay the City Of,Waterloo the difference between the amount specified in- said bid and. the••amount •for• Which the City of Waterloo may procure-the required- work or supplies or. both;- if•. the latter.'amount be in excess'of the:former, then-the above obligation- shall., be void and of no effect, otherwise to remain in full force and virtue. IN WITNESS WHEREOF, the above-bonded parties have.executed 'this . instrument under their several. ,seals this 11th day of April 2011 , the name being hereto 'affixed and•these,presents duly s•igned:•by its nd uers gned- representatives, -prusuant to authority of, its governing body: • In Presence of: .:(SEAL) .(Individual Principal,) (Business .Address-1 ' • (SEAL) (Individual Principal ) (Business Address) BB-I . Kelly Demolition, LLC - ATTEST:• (Corporate Principal) • 1100 West Mount Vernon Road,Mount Vernon, IA 52314 ' (Business Address) Affix - ' rporate eal By ATTEST: OLAIL,y 4e__,IL, .1_171 1' North American Specialty Insurance Company • Cindy Bennett J (Corporate Surety,- • • . Countersigned P.O. Box 9207, Des Moines,4A 50306-9207 • Affix • Corporate Seal By lilan S.Riley,Attomey-in-fact'. . 9 By la® nne S.Riley,Attorney-in-fad 7ttorney-infact, ,State of Iowa (Power of Attprney for person signing for surety company must' be attached, to'8ond) �_ ERTIFICATE ASTO CORPORATE PRINCIPAL I;. /i' ems, IL r ,-certify that I am the • Secretary of the corporation named as Principal in the within bond; that ' Of said . corporation; that I know his signature, and•hislsignature thereto is genuine, • and that 'said bond was duly signed, sealed, and _,attested-to for and in behalf of said corporation by authority of it's g • ni body. (Corporate). , Title Q ,r ) y1 e I (Seal) (Date of Bond must not be prior to; date of' instrument for which it is .given.) . • BB-2 • NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY • WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca,Illinois,each does hereby make,constitute and appoint; JAY D.FREIERMUTH,CRAIG E.HANSEN,CLIFFORD W,AUGSPURGER,DIANNE S.RILEY,BRIAN M.DEIMERLY, CINDY BENNETT,ANNE CROWNER,TIMOTHY J.McCULLOH,STEPHANIE R.FINNEY,STACY LYNN VENN, and ANGELA MARIE GROSS JOINTLY OR SEVERALLY Its true and lawful Attomey(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION($25,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March,2000: ."RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and alt contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." _ Z! ....-.14 keg B 3 SEAL In Steven P.Andersen,President&lAlerasecallee Omca of Washington International raaarem:Company 1f SEAL 'A ittA 1We &Smror Vice President or North Antedate.Specialty Iaaorua Company i M �itt • Mafit r jJ atb v� l b` David rtt Laymen,Senior Vice Prefidm or f%Winston Intermatioaal murance Company &Via President ofNerth Aueiieao Specially romranee Company • IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 30th day of September ,2008 - North American Specialty Insurance Company Washington International Insurance Company State of Illinois County of Du Page 5S: On this 30th day of September 2008 before me,a Notary Public personally appeared Steven P.Anderson President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M.Layman, Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective comnanies. 'okrtetgt,sEAI �tJ �i^ tratioyPWle.State or D hai ?�. Donna D,Sklens,Notary Public { MY Cammlulu?.J .1, I, James A.Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 11th day of April ,20 I James A.Carpenter,Vice President&Accident Secretary of Washington Intonational lnrurana Company& North American Specialty Laurance Company 1 .4.CORU" DATe#MMroorvrrr. • CERTIFICATE OF LIABILITY INSURANCE • oarorIi 'THIS-CERTIFICATE 1$`ISSUED AS'A MATTER OF INFORMATION ONLY AND CONFERS NO-RICG1fiTS UPON:.THE`CERTIFICATE:HOLDER.THL' CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR:=ALTER THE COVERAGE AFFORDED BY:=THE POLICIE BELOW TH15 CERTIFICATE OP,il1SURANCE DOES NOT CONSTITUTE A-CONTRACT BETWEEN THE ISSUING INSURER(S),'.AUTHORIZEI PRESENTATIVE OR PRODUCER AND THE CERTIFICATE ROL ER. IMPORTANT :tf•the 00.1it bate holder la an ADDITIONAL 04$01;4 the poll y(Iee}rnrrat be endorsed. If SORROI ATION IS WAIVED,_subject t . ttte:terms:arid condWons of the policy, certain polIcies may require•an endorsement. A:sfatoYnerit on this certificate does notconfer rights to th Ceitlflcate holderrn lieu of such endorsetnent(sa f RU,LCER 31,9-842.2340 f Albumen NIS . .,, Aice..9 North M n Street 91 1 1. .. ♦. �17m' _ Nolt . m*KEwif-3 _1 • * - - ,_ --`- 'JN5URlrilal'AFFORDINGCOVERAGE- Na1C� kaild!sb KELLY DEff OLITION;L(AC:•• RiSIIfIsiA TkktrE1llei:W 1;1D©West Mt,Vernon Road . • INeltlfeR e Vernon,IA•5Z314 • Mef?I'eRC • elaiiReR e . . COVERAGES . - - CERTIFICATENUMIIBER: = 11 REVISIONNUfMBER; THIS I$TO CERTIFY THAT THE POLICIES OF INSJRANCE LISTED MOW HAW d1=EN 1S$UED TW THE:INSURt b NAMED ABOVE FOR THE PDUCY PER*INDICATED NO'TWITH$TANDING ANY:REOU(REHENT,TERM OR CONnITION OF ANY CONI1HAC'I oplortiER,:pocvmporyyrrEf..riEsECT TO WHICH.THI CERTIFICATE.MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED SY THE POliCIES DESe1RIBExD HERE i. IS SUSJECI-Tb Atl THE TERM: EItrt.USIONS AND CONDITIONS OF SUCH POLIO}ES..LIMIITS SHOWNMAY HAVE'BEEN REPLACED BY PAID CLAIMS - (,� 7Ypd tJFIN6 aGA{W�E IFL4� � QLICYNU a • .; GONFaERCIALGENERl;L;LI BILn'Y _F' .P EMISErz(FxaccalLyr£ar ... : CI.AIIASrMAO occult: MED YP( iy afii*aon . a .. . .. • • -- ' •(VRS9NAL ON N INJURY- 'i . NQ.rIA[AGSIREGME f . " GE1?4AAGREt'34TEL$At�IT,APPLIESPER: .- P AiPAG . �RQ© Ae70I1O91LI1 u.tl ITV : : - ' 1 ED t3.E;L t`.� .. ..• r ` Itfii 3 st N,ivA117'O' . BOUIIYINJURrONIrroeio. 5. t LL O AW A : - a_ . .. -• u ILYI eODM4.4iti re40::i.l).'S - , PROPERTY DAMAGE 'D . „ 9IIRE{}AVTU$. .tPereCcldara7 ::,. ... c NI;iwpwl,ED Autos :;.. . q ' Da1"4-4ALIAe .: DECUrr , ..,. :. . . {" CE $ 9 EXCESS IJAE . Cl A MS.MADE • .. -• Acisritf A . .. • DEOUCTIeiLE' .1 RETENTION e . 4 �y�sPe RS �+' L Yet§LAeWTY YIN, • UB4751A nektoteri eerril c eve GK - 0P76.10: 12041O t?oy1 FLFACHIACCIDENT a . 100-0 .CFFME FMbERe.kCifE1Y NIA . ` - •'. • ' F j.L.o0i0E Eat3,hLUYpE 3: 4,008; .•OF.S,RIBTIONRF s ERA 6NSbalvr r1... hn FauYLrtAr f s,.". 1A00; . AF',::-, .: f`o OPERp410N6 tC6CATgN9 i VEHICLE$t AC�7 h Re.101,Adaluonai:R rlwam� Bari,a M MdWore awtc is reglnred) F" CERTIFICATE FHOLDE1' . : CANCI?t.LAT :: s WA`RER 2 SHOULD ANY or4 { VEIJESCRIBEb P M. E5 BE CANCELLED BEFORI CITY OF'WATERLOOI TliE L?XOIRAT.ION DATE TEREOF. ecrtgE WILL BE DELIVERED 11 :. , T70:IiiirlberryAt • ACCQMtDANCEWItH PO PROVISIONS'; - WA11.ERL1700k50703 . - REPRESS 71YE' _ ®1$8020 C Cc PORATO All rights.reserved. (AC D 25 2009/09)1 The and Ipgo are registered marks of 11 .GRID OP ID: KC ACCARCY CERTIFICATE OF LIABILITY INSURANCE DarE(M ov07/11 Yy l/11 • 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 319-455-2271 CONTACT Lisbon Insurance Agency NAME: 119 East Main St. PO Box 397 319-455-2682 ,F d): (NC tpj o ,No): Lisbon IA 52253 EMAIL Karen Campbell ADDRESS: PRODUCER MER ID M:KELLY-1 _ CusrO INSURER(S)AFFORDING COVERAGE EPIC* - INSURED Kelly Demolition,LLC INSURER A:Arch Specialty Insurance Co Rod Kelly INSURER a:Progressive Companies 1106 West Mt.Vernon Road Mt.Vernon,IA 52314 INSURERC: INSURER D: INSURER E: INSURERF: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POUCIES 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 WTH 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 ADOL SUER - POUCYEFF POLICY EXP LTR JEER NR(J? POLICY NUMBER IMMIDD/YYYYI (MMIDDIYYYY)_ LIMITS GENERAL LIABILITY - • EACH OCCURRENCE $ 1,000,000 A X COMMERCIAL GENERAL LIABILITY X 12EMP71782-00 05/20/10 05/20/11 PREMISES(Ee ooalrrence) $ CLAIMS-MADE X I OCCUR IM MED EXP(Arty me perm) $ 5,000 • PERSONAL BADV INJURY $ 1,000,000 • GENERAL AGGREGATE $ 2,000,000 GERL AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s INCLUDED POLICY n.! n Loc Emp Ben. $ n/a AUTOMOBLELIABIUTY COMBINED SINGLE LIMIT $ 1,000,000 (Ea ecdden1) B _ ANY AUTO 04716387-0 05/20/10 05/20/11 BODILY INJURY(Per person) $ ALL OWNED AUTOS BODILY INJURY(Perecddenl) $ X SCHEDULED AI.JT05 PROPERTY DAMAGE X HIRED AUTOS • (Per accident) X NON-OWNED AUTOS • $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE- S EXCESS LIAB CLAIMS-MADE AGGREGATE S DEDUCTIBLE $ RETENTION $ $ • WORKERS COMPENSKRON WC STATII 0TH- • AND EMPLOYERS LIABILITY Y/N Ts- JAWS ER ANY PROPRIETOR,PARTNERIEXECUTIVE E.L.EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? I NIA (Mandatory in NH) EL.DISEASE-EA EMPLOYEE $ ryes•describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(Attach ACORD 7 Add'i Re arks Ifedule, more apace a required) Dismantling of dwelling not exceeding 3 stories.CITY OF WATERLOO,ITS OFFICIALS,EMPLOYEES,AND/OR AGENTS ARE NAMED AS ADDITIONAL INSUREDS • CERTIFICATE HOLDER CANCELLATION •CITYWAI SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Waterloo THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 715 Mulberry Street ACCORDANCE WITH THE POLICY PROVISIONS. Waterloo,IA 50703-5783 AUTHORIZED REPRESENTATIVE Karen Campbell . ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD Bond No. 2143719 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That we, Kelly Demolition, LLC of Mount Vernon, IA (the"Principal"), and North American Specialty Insurance Company of Manchester, NH (the"Surety"), are held and firmly bound unto the City of Waterloo, Iowa (the "Obligee"), in the penal sum Of One Hundred Ninety Eight Thousand Four Hundred Four&95/100 Dollars($ 198,404.95 ), lawful money of the United States, for the payment of said sum in connection with a contract (the"Contract") dated on or about May 1, 2011 for the purpose of Demolition and Site Clearance Services(no RACM)Group 1,Waterloo, IA . The Contract is incorporated herein by reference as though fully set forth herein. Whenever the Principal shall be and is declared by the Obligee to be in default under the Contract, with the Obligee having performed its obligations in the Contract, then the Surety, acknowledging that time is of the essence, may promptly remedy the default, or shall promptly undertake to: 1. Complete the Contract in accordance with its terms and conditions; or 2. Obtain one or more bids for completing the Contract in accordance with its terms and conditions, and upon determination by the Surety of the lowest responsible bidder, or negotiated proposal, or, if the Obligee elects, upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, or negotiated proposal, arrange for a contract between such party and the Obligee. The Surety will make available as work progresses sufficient funds to pay the cost of completion less the balance of the Contract price. The cost of completion includes responsibilities of the Principal for correction of defective work and completion of the Contract, the Obligee's legal and design professional costs resulting directly from the Principal's default, and liquidated damages or actual damages if no liquidated damages are specified in the Contract. The term "balance of the Contract price" means the total amount payable by the Obligee to the Principal under the Contract and any amendments thereto, less the amount properly paid by the Obligee to the Principal; or 3. Determine the amount for which it is liable to the Obligee and pay the Obligee that amount as soon as practicable. In the event this bond is enforced, Principal and Surety agree to indemnify Obligee and hold Obligee harmless from and against any and all costs of enforcement, including but not limited to reasonable attorneys' fees and expenses. Every Surety on this bond shall be deemed and held, any contract to the contrary notwithstanding, to consent to each and all of the following matters, without notice: Performance Bond Page 1 of 2 1. To any extension of time to the Contract in which to perform the Contract. 2. To any change in the plans, specifications, or Contract when such change does not involve an increase of more than twenty percent (20%) of the total Contract price, and shall then be released only as to such excess increase. 3. That no provision of this bond or of any other contract shall be valid which limits to less than one (1) year from the time of the acceptance of the work the right to sue on this bond for defect in workmanship or material not discovered or known to the Obligee at the time such work was accepted. If the Principal performs the Contract, then this bond shall be null and void; otherwise it shall remain in full force and effect. In no event shall the Surety's total obligation exceed the penal amount of this bond, Terms used herein shall include, as appropriate, the singular or plural number, or the masculine, feminine or neuter gender. IN WITNESS WHEREOF, the undersigned Principal and Surety have executed this Performance Bond as of May 1, 2011 PRINCIPAL SURETY Kelly Demolition, LLC North American Specialty Insurance Company Name Name By: By: Title: Title: Cindy Bennett,Attorney-in-fact [attach Power of Attorney] Performance Bond Page 2 of 2 Bond No. 2143719 PAYMENT BOND KNOW ALL MEN BY THESE PRESENTS: that Kelly Demolition, LLC (Name of Contractor) 1100 West Mount Vernon Road, Mount Vernon, IA 52314 (Address of Contractor) • a Corporation ,hereinafter called Principal, (Corporation,Partnership or Individual) and North American Specialty Insurance Company (Name of Surety) 650 Elm Street, Manchester, NH 03101 (Address of Surety) hereinafter called Surety, are held and firmly bound unto City of Waterloo (Name of Owner) 715 Mulberry Street, Waterloo, IA 50703 (Address of Owner) hereinafter called Owner, in the penal sum of One Hundred Ninety Eight Thousand Four Hundred Four&95/100 Dollars($ 198,404.95 ), 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. This bond is given with respect to a certain contract entered into by Principal with the Owner, dated May 1 2011 ,a copy of which is hereto attached and made a part hereof,for the purpose of: Demolition and Site Clearance Services(no RACM) Group 1,Waterloo, IA NOW,THEREFORE,if the Principal shall promptly make payment to all persons,firms, subcontractors,and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials,lubricants,oil,fuel,repairs on machinery,equipment and tools,consumed or used in connection with the performance 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 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 Principal 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 1st day of May ,2011 , ATTEST: Kelly Demolition, LLC Principal (Principal)Secretary (SEAL) By 1100 West Mount Vernon Road (Address) Mount Vernon, IA 52314 • Witness as to Principal (Address) North American Specialty Insurance Company Surety ATTEST: By 1&,( �" Attor y-in-Fact Cindy Bennett 4/, �� 14// P.O. Box 9207 e ��s t� ess as to urety Anne Crowner (Address) P.O. Box 9207 Des Moines, IA 50306-9207 (Address) Des Moines, IA 50306-9207 NOTE: Date of BOND must not be prior to date of Contract, If CONTRACTOR is Partnership,all partners should execute BOND. NAS SURETY GROUP NORTH AMERICAN SPECIALTY INSURANCE COMPANY WASHINGTON INTERNATIONAL INSURANCE COMPANY GENERAL POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS,THAT North American Specialty Insurance Company,a corporation duly organized and existing under laws of the State of New Hampshire,and having its principal office in the City of Manchester,New Hampshire,and Washington International Insurance Company,a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Itasca,Illinois,each does hereby make,constitute and appoint: JAY D,FREIERMUTH,CRAIG E.HANSEN,CLIFFORD W.AUGSPURGER,DIANNE S.RILEY,BRIAN M.DEIMERLY, CINDY BENNETT,ANNE CROWNER,TIMOTHY J.McCULLOH,STEPHANIE R.FINNEY,STACY LYNN VENN, and ANGELA MARIE GROSS JOINTLY OR SEVERALLY Its true and lawful Attorney(s)-in-Fact,to make,execute,seal and deliver,for and on its behalf and as its act and deed,bonds or other writings obligatory in the nature of a bond on behalf of each of said Companies,as surety,on contracts of suretyship as are or may be required or permitted by law,regulation,contract or otherwise,provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the amount of: TWENTY-FIVE MILLION($25,000,000.00)DOLLARS This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of Directors of both North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held on the 24th of March,2000: "RESOLVED,that any two of the Presidents,any Managing Director,any Senior Vice President,any Vice President,any Assistant Vice President, the Secretary or any Assistant Secretary be,and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named in the given Power of Attorney to execute on behalf of the Company bonds,undertakings and all contracts of surety,and that each or any of them hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is FURTHER RESOLVED,that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile,and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be • binding upon the Company when so affixed and in the future with regard to any bond,undertaking or contract of surety to which it is attached." y `. By R�r pG;Q SEAL .n ea Steven P.Anderson,Presldenl&Chief Executive Officer or Washington Inicrpatlonel Insurance Company -� SEAL stF 4i, 1973 er es &Senior Vice President of North American Specialty Insurance Company at" Ntkiftege4 By David M.Layman,Senior Vice Presiden of Washington International Insurance Company &Vice President of North American Specialty hlaprante Company IN WITNESS WHEREOF,North American Specialty Insurance Company and Washington International Insurance Company have caused their official seals to be hereunto affixed,and these presents to be signed by their authorized officers this 30th day of September ,2008 . North American Specialty Insurance Company NS'ashington International Insurance Company State of Illinois County of Du Page SS. On this 30th day of September 2008 before me,a Notary Public personally appeared Steven P.Anderson ,President and CEO of Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and David M,Layman Senior Vice President of Washington International Insurance Company and Vice President of North American Specialty Insurance Company, personally known to me,who being by me duly sworn,acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the voluntary act and deed of their respective companies. "OFFICIAL.SEM" DONNA D,SKLENS. ary7tRi4 Notary Publk,State oftltindis. Donna D.Sklens>Notary Public My Commission Evires 10/06/1A11 I, James A.Carpenter , the duly elected Assistant Secretary of North American Specialty Insurance Company and Washington International Insurance Company,do hereby certify that the above and foregoing is a true and correct copy of a Power of Attorney given by said North American Specialty Insurance Company and Washington International Insurance Company,which is still in full force and effect. IN WITNESS WHEREOF,I have set my hand and affixed the seals of the Companies this 1st day of May ,20 11 )62 lames A.Carpenter,Vice President&Assistant Secretary of Washington International Insurance Company& North American Specialty boatmen Company This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-352 RESOLUTION APPROVING BONDS AND CERTIFICATES OF INSURANCE WITH KELLY DEMOLITION, LLC OF MOUNT VERNON, IOWA, IN CONJUNCTION WITH THE DEMOLITION AND SITE CLEARANCE SERVICES FOR THE HAZARD MITIGATION GRANT PROGRAM (HMGP) PROPERTY ACQUISITION PROJECT. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Bonds and Certificates of Insurance with Kelly Demolition, LLC of Mount Vernon, Iowa, in conjunction with the Demolition and Site Clearance Services for the Hazard Mitigation Grant Program (HMGP) Property Acquisition Project, in the City of Waterloo, Iowa, in the amount of $198, 404 . 95, for the faithful performance of contract signed by North American Specialty Insurance Company of Manchester, New Hampshire, as surety thereon, be, and the same are hereby approved. PASSED AND ADOPTED this 2nd day of May, 2011 . 146/1V&67e1 Ernest G. Clark, Mayor ATTEST: SA-A,..`4�J� Suzy Scharles, CMC City Clerk /�"1 '�i: CITY OF WATERLOO , IOWA -�-� � m COMMUNITY PLANNING AND DEVELOPMENT O 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 ��rl oo NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: 05/02/11 BUCK CLARK Prepared: 04/27/11 Dept. Head Signature: # of Attachments: 8 COUNCIL MEMBERS SUBJECT: Acceptance of Purchase Offer for: 3.57 acres of vacant wooded land ONES DAVI adjacent to 302 N Hackett Road, Parcel No. 891316351045, The Avis Family Trust., Ward l $4,284.00. CAROLYN Submitted by: Aric Schroeder, City Planner COLE Ward 2 Recommended City Council Action:Adopt a resolution approving the conditional HAROLD offer form. GETTY Ward 3 Summary Statement:Acceptance of purchase offer for the 3.57 acres of vacant QUENTIN wooded land adjacent to 302 N Hackett Road, Parcel No. 891316351045 (a vacant HART lot) aspart of the Hazard Mitigation Grant Program (HMGP) Property Acquisition Ward 4 g g p ty q Project. RON WEdLPER Expenditure Required: $4,284 less deductions for Duplication of Benefits War 5 BOB Source of Funds: Hazard Mitigation Grant Program, grant agreement number GREENWOOD HMGPDR-1763.0046 01 At-Large STEVE Policy Issue: N/A SCHMITT At-Large Alternative: N/A Background Information: The Council previously approved the application, grant agreement and administrative plan for implementation of a Hazard Mitigation Grant Program (HMGP) 1763 Property Acquisition (Buy Out) to acquire properties damaged in the flood of 2008, including adjacent vacant land. The administrative plan and conditional offer form provide that the purchase offer is subject to the City Council approval of the form of offer and the specific offer terms for each property. We have received an accepted offer on the above property and are requesting Council approval of the offer so that we can proceed to closing on the property. Please find attached a copy of the Conditional Offer to Buy Property for the CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOUy An Equal Opportunity/Affirmative Action Employer property in question. The Offer Form provides for a "Purchase Price" of the property. Please note that the purchase price is based on the pre-flood fair market value of the property, but is prior to required deductions, including any duplication of benefits. The purchase price as so reduced will be the "Offer Price". If you have any questions or need any additional information regarding this matter, please contact our office. cc: Noel Anderson,Community Planning&Development Director Tim Andera,Associate Planner file Path: K:\USERS\ARICS\City of Waterloo\council letters\Acquisition\04.27-11 Council Communication Acceptance of Purchase Offer for Avis Trust Parcel 891316351045.doc Statement of Determination of Fair Compensation The Avis Family Trust wooded ground(Parcel No. 891316351045)as described in Location of property: attached Exhibit"A", and as shown on attached Exhibit"B" The Avis Family Trust wooded ground(Parcel No. 891316351045)as described in Address of property: attached Exhibit"A", and as shown on attached Exhibit"B" Legal description: See attached Exhibit"A" Owner(s) of record: The Avis Family Trust Interest to be acquired: ® Fee simple Fair Market Value: $ 4,284 The value stated above is believed to be fair compensation for the property, and no less than its fair market value. This amount is prior to required deductions (including Duplication of Benefits). An estimated amount of$ will be deducted to avoid duplication of benefits. The following are the estimated duplication of benefits: Flood insurance: $ 0 Repair Assistance: $ 0 Eligible Recipts to offset Private insurance: $ 0 Duplication of Benefits: $ 0 The following are the estimated amount of other benefits received. These amounts are not deducted, however buyout proceeds will be reported to these entities. These entities may require repayment of some or all of the benefit. Temporary Housing Jumpstart Down Payment or Rental Assistance: $ 0 Assistance $ 0 SBA Loan $ 0 Other: 0 $ 0 These deductions are estimates. A final determination on deductions will be made prior to closing. The amount of compensation disregards any possible increase of the fair market value, which might result from this property acquisition project. The fair market value of this property is estimated to indicate the value before the event precipitating this property acquisition project. It does not reflect any economic depreciation as a result of that event. In the determination of compensation, fair market value is defined as, "the amount for which, in all probability, the property would be sold by a knowledgeable owner willing but not o i ated to sell to a knowledgeable purchaser who desired but is not obligated to pay" his-Trope h been valued in reference to its assessed value for property tax purpo s. Authorized gent Date U CONDITIONAL OFFER TO BUY PROPERTY TO: The Avis Family Trust("Seller") FROM: City of Waterloo,Iowa("Buyer") Upon the terms and conditions set forth in this Conditional Offer to Buy Property(the "Offer"), Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County,Iowa,locally known as Parcel 8913-16-351-045,more particularly described as set forth in attached Exhibit "A", as shown on attached Exhibit"B", and legally described as in the abstract of title,together with any easements and appurtenant servient estates,but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions, customary restrictive covenants,and mineral reservations of record,if any(all of which interests are herein referred to as the "Property"). If this Offer to purchase the Property includes structures or property interests on adjacent land leased by Seller from a third-party,check here: N 1. PURCHASE PRICE. The Purchase Price shall be $4,284.00, which shall be due and payable in full at closing, subject to such deductions as are provided for in this Offer, to be delivered to Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. The Purchase Price is subject to deductions for duplication of benefits as described in paragraph 1A below and, as applicable, insurance proceeds for property damage. The Purchase Price as so reduced is referred to herein as the Offer Price. As one condition for eligibility to receive pre-flood market value for the Property, Seller must certify,on a form satisfactory to Buyer,that he or she is a National of the United States or a qualified alien. 1A. FLOOD BUYOUT ACQUISITION AND DEDUCTIONS. Seller acknowledges that Buyer is acting pursuant to the terms of a grant agreement with Iowa Homeland Security and Emergency Management Division in administering a voluntary property acquisition project (the "Project"). The Project is funded by the Federal Emergency Management Agency (FEMA) and U.S. Department of Housing and Urban Development (HUD). To prevent duplication of federal assistance made to flood disaster victims, HUD and FEMA require that certain types of assistance received by the Seller from State, Federal and private sources for flood-related damage be deducted in determining the Offer Price payable to Seller, including FEMA and/or SBA funds already disbursed. A duplication of benefits statement has been issued that describes benefits previously received and the estimated amounts of any corresponding deductions to the Purchase Price. Deductions are estimates only, and a final determination on deductions will be made before closing. 2. POSSESSION AND CLOSING. If Buyer timely performs all obligations,possession of the Property shall be delivered to Buyer at closing, unless an extension has been agreed to in writing by the parties consistent with the administrative plan(the"Plan")adopted by Buyer with respect to the Project. Closing shall occur no later than one hundred eighty (180) days after Seller's acceptance of this Offer, unless extended to a later date by the parties in writing, but in any event after the approval of title by Buyer, satisfaction or waiver of other contingencies, and satisfaction of all Project conditions set forth in the Plan. Buyer does not agree to take possession subject to the rights of non-owner occupants,if any,now in possession. 3. REAL ESTATE TAXES. Seller shall pay taxes prorated to the closing date and any unpaid real estate taxes payable in prior years. Buyer shall pay all subsequent real estate taxes. At closing Seller shall pay Buyer, or Buyer shall be given credit for, an amount equal to taxes from the first day of July prior to closing to the date of closing based upon the assessed value of the Property applicable to such fiscal year;provided that if the tax levy rate for such fiscal year has not been determined then the levy rate for the current fiscal year will be applied to determine the tax proration. Taxes shall be prorated as set forth in Iowa Code §427.2. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments, which are a lien on the Property as of closing, and all prior installments thereof. All charges for solid waste removal, sewage and maintenance that are attributable to Seller's possession, including those for which assessments arise after closing,shall be paid by Seller. Any preliminary or deficiency assessment which cannot be discharged by payment shall be paid by Seller through an escrow account with sufficient funds to pay such liens when payable, with any unused funds returned to Seller. Buyer shall pay all other special assessments or installments not payable by Seller. sl_-l14 • 5. RISK OF LOSS AND INSURANCE. Seller shall bear the risk of loss or damage to the Property prior to closing. Seller agrees to maintain existing insurance, and Buyer may purchase additional insurance. In the event of substantial damage or destruction prior to closing, Seller shall promptly notify Buyer of same, and Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Offer null and void. The Property shall be deemed substantially damaged or destroyed if it cannot be repaired to its present condition on or before the closing date. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached, such as attached carpeting, built-in appliances and accessories, light fixtures and bulbs, awning,shutters, window shades, rods, blinds, ceiling fans, TV tower,antenna,rotor and controls,door chimes, fireplace grates and andirons,mailbox, installed sump pump,garage door openers and controls,and bushes, shrubs,and other vegetation. Also included, if not rentals,are satellite dish, water softener and filtration systems, installed alarm devices, propane tanks, and all other fixtures not hereinafter reserved by Seller in writing. 7. CONDITION OF PROPERTY. The Property as of the date of this Offer, including buildings,grounds,and all improvements, will be preserved by the Seller in its present condition until possession, ordinary wear and tear excepted. Except as expressly set forth in this Offer, Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Seller agrees to remove from the Property prior to possession all debris and personal property that is not included in this Offer, including but not limited to vehicles, vehicle parts,appliances,furniture and furnishings,storage containers,household cleaners and solvents,construction materials, firewood, and any other item of property that is not a fixture, unless Buyer is permitted an extension of time after closing pursuant to the Plan. Buyer shall be permitted to make a "walk through" inspection of the Property prior to closing as provided in the Plan. After acceptance of this Offer by Buyer, Buyer may, at its sole expense, conduct such inspections, investigations, and inventories of the Property as it deems reasonable or necessary, and for such purposes Seller hereby grants to Buyer, its employees, agents and contractors, the right to enter upon the Property at reasonable times and upon reasonable advance notice(oral or written). 8. ABSTRACT AND TITLE. Seller shall promptly provide to Buyer an abstract of title to the Property, if Seller possesses an abstract. Buyer shall cause the abstract of title to be updated or prepared at Buyer's sole expense. The abstract shall show marketable title in Seller in conformity with this Offer, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect title. If closing is delayed due to Seller's inability to provide marketable title, this Offer shall continue in force and effect until either party rescinds the Offer after giving ten (10) days' written notice to the other party. The abstract shall become the property of Buyer when the Offer Price is paid in full. Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller, including transfers by or the death of Seller or its assignees. After all valid objections have been satisfied or provided for, Seller shall have no obligation to pay for further abstracting, excepting any made necessary by its own affairs. Unless stricken, the abstract shall be obtained from an abstracter qualified by the Guaranty Division of the Iowa Housing Finance Authority. 9. SURVEY. If a survey is required under Iowa Code Chapter 354, or city or county ordinances,Buyer shall pay the costs thereof. Buyer may, at its expense prior to closing, have the Property surveyed and certified by a registered land surveyor. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of others,the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. The Seller hereby represents and warrants to Buyer that: A. Environmental Representations and Warranties: 1. There are not abandoned wells,agricultural drainage wells,solid waste disposal sites,or underground storage tanks(as defined in Iowa Code Chapter 455B)located in or about the Property. .VIA21-P.: \ � �ti 2. There are no actively used or abandoned septic tanks or systems on the Proper except as C "` 6 identified here: /1/Cl4/&" Property, Z) ev 3. There is,and has been,no hazardous waste stored,generated,treated,transported,installed, dumped,handled or placed in,on,or about the Property. 4. At no time have any Federal or State hazardous waste clean-up funds been expended with respect to any of the Property. 5. There has never been any solid waste disposal site or underground storage tank located in, or about the Property,nor has there been any release from an underground storage tank on real property contiguous to the Property which has resulted in any hazardous substance coming in contact with the Property. 6. Seller has not received any directive,citation,notice,letter,or other communication,whether written or oral,from the Environmental Protection Agency,the Iowa Department of Natural Resources,any other governmental agency with authority under any environmental laws,or any other person or entity regarding the release,disposal,discharge,or presence of any hazardous waste on the Property,or any violation of any environmental laws. 7. To the best of Seller's knowledge,neither the Property,nor the real property contiguous to the Property,nor the predecessors in title to the Property,are in violation of,or subject to, any existing,pending, or threatened investigation or inquiry by any governmental authority or to any removal or remedial obligations under any environmental laws. The foregoing representations and warranties,and the environmental indemnifications set forth in the following subparagraph B,shall survive the closing. In addition,the foregoing representations and warranties and the indemnifications provisions in this Offer shall not be affected by any study, investigation,or inspection of the Property by Buyer or the agents for Buyer. B. Environmental Indemnification. Seller agrees to indemnify,defend and hold harmless Buyer from and against any and all claims, demands, fines, penalties, causes of action, losses, damage, liabilities, expenses,and costs(including but not limited to court costs and reasonable attorneys' fees,which may include the value of services provided by Buyer's legal department or contract attorneys, incurred by Buyer to enforce this provision), asserted against or incurred by Buyer by reason of or arising out of the breach of any representation or warranty of Seller set forth above. C. Additional Environmental Provisions. Seller shall not store, generate, treat, transport, install, dump, handle, or place in, on, or about any portion of the Property any hazardous waste or hazardous substance as defined by applicable law, rule or regulation. If Seller receives any notice from any governmental authority or any other party regarding the release or presence or any hazardous waste or hazardous substance on any portion of the Property,then Seller shall immediately notify Buyer of such fact. In addition, Buyer or its agents shall have the right to enter upon the Property at any time to perform additional environmental studies. If at any time Buyer in its sole discretion determines that hazardous wastes or hazardous substances are present on any portion of the Property, Buyer may terminate this Offer immediately without further obligation or liability. 11. CONVEYANCE DOCUMENTS. Upon payment of the Offer Price, Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided in this Offer. If requested by Buyer, Seller shall also provide a bill of sale on a form satisfactory to Buyer for purposes of transferring title to personal property items or mixed property items that are included in the sale. General warranties of the title shall extend to the time of delivery of the deed, excepting liens and encumbrances suffered or permitted by Buyer. 3 �/1.-// 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Seller, immediately preceding acceptance of the Offer, holds title to the Property in joint tenancy with full rights of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of the Seller, then the proceeds of this sale, and any continuing or recaptured rights of Seller in the Property, shall belong to Seller as joint tenants with full rights of survivorship and not as tenants in common;and Buyer in the event of death of any Seller, agrees to pay any balance of the Offer Price due Seller under this Offer to the surviving Seller and to accept a deed and bill of sale from the surviving Seller consistent with this Offer. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance,executes this Offer only for the purpose of relinquishing all rights of dower,homestead,and distributive share or in compliance with Iowa Code§ 561.13 and agrees to execute the deed or bill of sale for this purpose. 14. STATEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due. 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Offer Price may be used to pay taxes, assessments,and other liens,to pay for the cost of removing Seller's personal property and debris from the Property, to pay judgments or satisfy title defects,to pay costs of closing and settlement that are Seller's responsibility to pay, and to acquire outstanding interests of others,if any. 16. APPROVAL OF COURT. If the Property is an asset of any estate, trust, conservatorship, or receivership, this Offer shall be subject to court approval, unless declared unnecessary by Buyer's attorney. If necessary, the appropriate fiduciary shall proceed promptly to a hearing for court approval. In that event a court officer's deed shall be used to convey title. 17. REMEDIES OF THE PARTIES. Buyer and Seller are entitled to utilize any and all remedies or actions at law or in equity available to them, and the prevailing party shall also be entitled to obtain judgment for costs and attorney fees. 18. NOTICE. Any notice under this Offer shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail,addressed to the parties at the addresses given below. 19. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or�> broker in connection with this transaction. 20. NO LEASES. Seller represents and warrants to Buyer that there are no leases, tenancies,or other rights of occupancy for use of any portion of the Property, other than those identified here: Seller agrees to indemnify and hold harmless Buyer from and against any and all claims, demands,causes of action, damages, losses or liabilities whatsoever, arising from or in connection with any alleged leasehold interest, tenancy or other right of occupancy or use for anyportion of the Property. 21. VOLUNTARY ACQUISITION. The Seller, as owner of the Property, which has been damaged as result of flooding which is a presidentially declared disaster, acknowledges that Buyer has presented this Offer for the Property pursuant to Buyer's Voluntary Acquisition Program and the Seller's acceptance of this Offer is a voluntary acquisition. Seller represents and warrants that it is under no duress or coercive action by Buyer to accept this Offer, and Buyer will not pursue acquisition of this Property by eminent domain or other means if the Seller declines to accept this Offer as part of the Hazard Mitigation Grant Program for DR-1763. The Seller further acknowledges that if it accepts this Offer, it will be necessary to move permanently from the Property. 22. GENERAL PROVISIONS. In the performance of each part of this Offer, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Offer shall apply to and bind the successors in interest of the parties. This Offer shall survive the closing. This Offer contains the entire agreement of the parties and shall not be amended except by 4 �� written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Offer. Words and phrases herein shall be construed as in the singular or plural number,and as masculine,feminine or neuter gender according to the context. 23. OTHER CONDITIONS. A. Notwithstanding any signatures below by representatives of Buyer, this Offer is expressly subject to approval by the city council of Buyer. B. If Seller is an owner-occupant of the Property, then within one hundred eighty (180) days of acceptance of this Offer Seller must purchase or rent a decent,safe and sanitary housing unit located outside of Zone A,NFIP Flood Hazard map boundaries to be eligible for replacement housing benefits as described in the Plan. C. Acceptance of this Offer will be deemed to occur only if all persons with an ownership interest in the Property have signed this Offer by the date specified in paragraph 25 below. Buyer will permit an extension of an additional fourteen(14) days if Seller requests an extension in writing, and further extensions may be approved by Buyer under extraordinary circumstances beyond the reasonable control of Seller. If this Offer is not accepted by Seller on or before the expiration date or any approved extension will be deemed to be rejected by Seller. If Seller does not wish to accept this Offer,Buyer requests that Seller notify Buyer as soon as possible. 24. ENTIRE AGREEMENT. This Offer represents the entire agreement between the parties, superseding all prior or contemporaneous understandings,negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 25. ACCEPTANCE. When accepted,this Offer shall become a binding contract. If not accepted and delivered to Buyer on or before April 25,2011,this Offer shall be null and void. Dated April 8,2011. SELLER BUYER—Ci of Waterloo,,Iowa By: Title: !/ice �iLc� /Z C �cM-�✓ 715 Mulberry Street Waterloo,IA 50703 Address: Attn: Tim Andera 3 s- s s .4-,/2sr D�z 5c'A- Approved by Waterloo City Council on by Resolution No. Authorized by: Attest: Date Approved: (Mayor) (City Clerk) 5 �1 Exhibit"A" THAT PART OF LOT 49 OF AUDITOR'S WHITNEY ROAD PLAT TO CASTLE HILL IN THE CITY OF WATERLOO, IOWA, THAT LIES EASTERLY OF LINE DRAWN FROM A POINT ON THE NORTH LINE OF SAID LOT 49 THAT IS 681.8 FEET, PLUS OR MINUS, WEST OF THE NORTHEAST CORNER OF SAID LOT 49 TO A POINT ON THE SOUTH LINE OF SAID LOT 49 THAT IS 290 FEET, PLUS OR MINUS, WEST OF THE SOUTHEAST CORNER OF SAID LOT 49 0)1 i �� a .i . g nw`4' le,, CwF r Q Exhibit "B" 2008 City of Waterloo Property Acquisition Project Lot 49 - Avis Property Greenwood'Ave 4 •a Adjacent to 302 North Hackett Road >' aar „,' „� t % 9 > Y Sherwood Neighborhood, r'i , e 5. . 302 N Hackett Rd : f �`1 "r Parcel#891316304001 j it yam ., t Nal e e cif _. Parcel#891316351044 Parcel#8913163510045 Lot 49 Lot 49 L. Parcel Map f tlLl 1' 'k4 N Property Lines ` 4 � ��" ' Property in Question R 4_ li 200 0o a Zoo A 9 Ara zef m' A. ` "..-Waft, Yy of Feel -7 LA-""" 1-74—/L 'j/ _. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-353 RESOLUTION ACCEPTING AND APPROVING CERTAIN ACQUISITION CONTRACT TO SELL REAL PROPERTY TO THE CITY AND ACCEPTING AND APPROVING CERTAIN DEED IN CONJUNCTION WITH THE HAZARD MITIGATION GRANT PROGRAM PROPERTY ACQUISITION PROJECT. WHEREAS, the City of Waterloo, Iowa, has had the parcel described herein appraised and the fair market value ascertained, and WHEREAS, the acquisition of the hereinafter described parcel is in conjunction with the Hazard Mitigation Grant Program Property Acquisition Project. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the contract for the parcel hereinafter described to sell the same to the City of Waterloo, Iowa, all of which is situated in the City of Waterloo, Black Hawk County, Iowa, is accepted and approved and the Mayor and City Clerk are authorized and directed to execute the same in behalf of the City and to execute all instruments necessary to consummate the agreement to purchase the property from the owners thereof, and the deed for the conveyance of the same is also accepted and approved and the City of Waterloo is directed to pay for the property from City funds . The subject address is: Owner - The Avis Family Trust Parcel No. - 8913-16-351-045 Total Acquisition - $4, 284 . 00 That part of Lot 49 of Auditor' s Whitney Road plat to Castle Hill in the City of Waterloo, Iowa, that lies Easterly of line drawn from a point on the North line of said Lot 49 that is 681. 8 feet, plus or minus, West of the Northeast corner of said Lot 49 to a point on the South line of said Lot 49 that is 290 feet, plus or minus, West of the Southeast corner of said Lot 49, all in the City of Waterloo, Black Hawk County, Iowa. PASSED AND ADOPTED this 2nd day of May, 2011 . ii:gfrfrA/ Ernest G. Clark, Mayor ATTEST: Suzy Schares, C C City Clerk CITY OF WATERLOO Council Communication City Council Meeting: May 2, 2011 Prepared:April 26, 2011 Dept. Head Signature: PH #of Attachments: 1 SUBJECT: CLOVERDALE PARK LEASE Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Request Council approve and authorize the Mayor to execute a lease with Black Hawk County Board of Supervisors for Cloverdale Park at Longfellow Street and Midland Street. Summary Statement: The Leisure Services Commission approved the lease at their April 19 meeting, and the commission recommends that this lease be approved. This would add another 3 year term for a long-standing lease of property owned by Black Hawk County. This would be for the purpose of continuing to provide a city park for the adjacent neighborhood. Expenditure Required: $3.00 (one dollar per year) Source of Funds: Park budget. Policy Issue: Alternative: Background Information: Cloverdale Park was developed in 1977 to serve the surrounding neighborhood development. Black Hawk County owns the land and road maintenance operations adjacent to this property. The County has continued to grant leases every 3 years. Significant investments in play equipment have been made by the City over the years and the park is well used. This lease document was developed jointly by legal staff at Black Hawk County and the City of Waterloo. CLOVERDALE PARK LEASE This LEASE made and entered into this day of , 2011,by and between Black Hawk County Board of Supervisors (Landlord) whose address for the purpose of this lease is 316 E. 5th Street, Waterloo, IA and the City of Waterloo, Iowa,to be managed by the Leisure Services Commission(Tenant) whose address for the purpose of this lease is 1101 Campbell Avenue, Waterloo, IA. 1. PREMISES AND TERM. Landlord, in consideration of the rent herein reserved and of the agreements and conditions herein contained on the part of Tenant to be kept and performed, leases to Tenant and Tenant rents and leases from the Landlord, according to the terms and provisions herein,the following described parcel: A four(4)acre rectangular tract having a three hundred fifty (350) feet frontage on Longfellow Street and a five hundred fifty(550) foot frontage on Midland Street, said site to be located approximately at the corner of Longfellow Street and Midland Street, City of Waterloo, Black Hawk County, Iowa, As shown on Exhibit"A"attached hereto, for a term of three (3) years, commencing July 1, 2011 through June 30, 2014, upon the condition that Tenant pay rent therefor and otherwise performs as this lease provides. 2. RENTAL. Tenant agrees to pay in advance to Landlord a rental fee of one dollar ($1.00)per year, in advance. 3. POSSESSION. Tenant shall be entitled to possession on the first day of the term of this lease, and shall yield possession to Landlord at the time and date of the close of this lease term, except as otherwise provided. 4. USE OF PREMISES. Tenant covenants and agrees that during the term of this lease it shall not sublease the premises herein, but shall permit its use by the public as a public park with emphasis on park use as a picnic area,baseball diamond and general play field area. 5. QUIET ENJOYMENT. Landlord covenants that its estate in said premises is in fee simple, free and clear of all liens, clouds and encumbrances, except that said premises are security for general obligation bonds, and that the Tenant upon paying the rent herein reserved and performing all the agreements to be performed by the Tenant as provided in this Lease, shall and may peaceably have, hold and enjoy the premises for the term of this Lease free from molestation, eviction or disturbance by Landlord or any other person or legal entities whatsoever. Landlord shall have the right to use the premises as security for general obligation bonds at any time without notice, subject to this Lease. 6. CARE AND MAINTENANCE OF PREMISES. The Landlord shall have no duty to care for the premises whatsoever. Tenant shall care for and maintain the premises in a reasonably safe and serviceable condition and shall be solely responsible for construction, operation, maintenance, upkeep and all other aspects of the leased premises. Tenant acknowledges Landlord has no responsibility or liability whatsoever for such maintenance and operation. Also see Section 10 below. myfiles/keep/contracts CLOVERDALE PARK LEASE Page -2- 7. SURRENDER OF PREMISES AT END OF TERM. Tenant agrees that it will surrender the leased premises to Landlord upon the termination of this Lease. Tenant may, at the expiration of the term of this Lease, or renewals thereof, or at a reasonable time thereafter, remove any fixtures or equipment which Tenant has installed on the leased premises. Continued possession beyond the expiration date of the term of this Lease by the Tenant coupled with receipt of the specified rental by Landlord, shall constitute a year-to year extension of this Lease. Either party, however, may terminate this Lease upon thirty(30) days' notice in writing given to the other by ordinary mail or delivered personally. 8. ASSIGNMENT OR SUBLETTING. Tenant agrees and understands that the premises shall not be assigned or sublet. 9. SPECIAL ASSESSMENT.All special assessments shall be the responsibility of the Tenant. 10. INDEMNITY AND LIABILITY INSURANCE. Except as to any negligence of the Landlord, Tenant will protect, indemnify and hold harmless Landlord from and against any and all loss, damage and expenses occasioned by, or arising out of, any accident or other occurrence causing injury and/or damage to any person or property, happening or done in, upon, or about the leased premises, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof, by Tenant or any person claiming through or under Tenant. Tenant further covenants and agrees that it will, at its own expense, procure and maintain casualty and liability insurance in a responsible company or companies authorized to do business in the State of Iowa, in amounts of not less than$100,000 for any person injured and $500,000 for any one accident, with a limit of$25,000 for property damage, and protecting Landlord against such claim, damages, costs or expenses by reason of such casualty, accident or other happening on or about the leased premises during the term thereof. Tenant shall provide a Certificate of Insurance naming Black Hawk County as an additional insured. 11. PROVISIONS TO BIND AND BENEFIT SUCCESSORS AND ASSIGNS AND SUBLESSES. Each and every covenant and agreement herein contained shall extend to and be binding upon the respective successors, assigns and sublessees of the parties hereto (not withstanding restrictions herein with respect to assignment and subletting). 12. NOTICES. All notices required under this Lease shall be as follows: For Black Hawk County Board of Supervisors, Tom Little, Chair, or subsequent Chair, in care of the Black Hawk County Board of Supervisors, 316 East Fifth Street, Waterloo, IA 50703. For the City of Waterloo, IA, to Paul Huting, or subsequent Director of Leisure Services Commission, 1101 Campbell Avenue, Waterloo, IA 50701. myfiles/keep/contracts CLOVERDALE PARK LEASE Page -3- CITY ACKNOWLEDGMENT CITY OF WATERLOO,IOWA By: Ernest G.Clark,Mayor ATTEST: Suzy Schares,City Clerk State of Iowa ) )ss Black Hawk County ) On this day of , ,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared Ernest G.Clark and Suzy Schares,to me personally known,and who,being by me duly sworn, did say that they are the Mayor and CityClerk respectively,of the of Waterloo,Iowa;that the seal City affixed to the foregoing instrument is the corporate seal of the corporation,and that the instrument was signed and sealed on behalf of the corporation by authority of its City Council,as contained in the Resolution under council Action No. of the City Council on the day of ,2011,and that Ernest G.Clark and Suzy Schares acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. Notary Public In and for the State of Iowa COUNTY ACKNOWLEDGMENT COUNTY OF BLACK HAWK,IOWA By: Tom Little,Chair Board of Supervisors ATTEST: Grant Veeder,County Auditor State of Iowa ) )ss Black Hawk County ) On this day of , ,before me,a Notary Public in and for the State of Iowa personally appeared Tom Little and Grant Veeder,to me personally known,and who being duly sworn,did say that they are the Chairperson of the Board of Supervisors and County Auditor respectively,of the County of Black Hawk,Iowa;that the seal affixed to the foregoing instrument is the seal of Black Hawk County and the instrument was signed and sealed on behalf of the County by Authority of the Board of Supervisors,as contained in action passed by the Board of Supervisors on the day of ,2011,and Tom Little and Grant Veeder acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the County,by it voluntarily executed. Monica M. Smith Notary Public in and for the State of Iowa This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-354 RESOLUTION APPROVING CLOVERDALE PARK LEASE AGREEMENT WITH BLACK HAWK COUNTY BOARD OF SUPERVISORS AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Lease Agreement dated May 2, 2011, at a cost of $1 . 00 per year in advance, to rent Cloverdale Park located at Longfellow Street et and Midland Street, for the period July 1, 2011 through June 30, 2014, by and between the Black Hawk County Board i of Supervisors 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 2nd day of May, 2011 . ILA( Vg1-4Z' Ernest G. Clark, Mayor ATTEST: :::3 t uzy Scharfies, CMC City Clerk 4r.1r:, CITY OF WATERLOO , IOWA g-qCOMMUNITY PLANNING AND DEVELOPMENT dfer'OO ��� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: Ma 2 _ BUCK Prepared: April 27, 2011 CLARK Dept. Head Signatu # of Attachments: COUNCIL MEMBERS SUBJECT: 3.35-Acre Farm Lease—Northwest corner of Ansborough Avenue DAVID and West Shaulis Road—Bar Lee Farms, Ltd. JONES Ward 1 Submitted by: Noel Anderson, Community Planning and Development Director CAROLYN COLE Recommended City Council Action:Approval Ward 2 HAROLD Summary Statement: Transmitted herewith is the request that the City approve a GETTY lease agreement with Bar Lee Farm, Ltd. to farm approximately 3.35 acres of land Ward 3 (see attached legal description and map)at the northwest corner of Ansborough Avenue and West Shaulis Road. Lee Miller is the person who will be farming the QHARTTIN land, and he has agreed to pay the City $145.00 per acre for the use of the said Ward 4 land, which equals out to $485.75 per year, with the term beginning upon City Council approval. Mr. Miller rented this piece of land for the first time last year. RON He paid the City $75.00 per acre last year, as the land had not been farmed for a Ward SER long period of time and was not in suitable shape to produce higher yields. Mr. Miller has noted that the land is in good condition for this growing season, BOB therefore, he is paying a higher rent for the use. GREENWOOD At-Large Therefore, staff would request that the City Council approve prove the lease agreement STEVE with Bar Lee Farms, Ltd., to farm the land in question. SCHMITT At-Large Expenditure Required: None. Source of Funds: N/A Policy Issue: Property Management Alternative: Background Information: Mr. Miller rented this piece of land for the first time last year. He had paid the City $75.00 per acre last year, as the land had not been farmed for a long period of time and was not in suitable shape to produce higher CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer yields. Mr. Miller has noted that the land is in good condition for this growing season, therefore, he is paying a higher rent for the use. Legal Description: Unplatted Waterloo West,A Plot 466' square, inclusive of Highways, located in the Southeast Corner of the Southeast Quarter Section 8 Township 88 Range 13, all in the City of Waterloo, Black Hawk County, Iowa ta:NA cc: Aric Schroeder,City Planner --file-- - — City Owned Land - Lee Miller Farm Lease - 3.35 Acres lia s 444414, { x£ t.�nr. kelp.x va{ -§u _ .'a- 0. rq�3ag ..w. `q�4 I. +r °`}k i ,t'xs i i .{YL.�,`�+4 r if y. y% -".n' Skistry=•H {Y 4k �kw r � v X{ Y ° � Y ;, i1 aYtY+ t a S�� + ", {x .x 4, x.. i ' 2"i„, "' '� F ,, 4 ,Y r tN ,.. 1. 9 '$ B yY�"4 (.f :r...Y ' ° �,y{t aSjiS.. t 4 t9Y i3 ''i''N''''F f^XFrt ..,�rr ''-g,,. '" -- k,` 1M1 3� 9 Ck" Y k FY"!yt" y�df ,^1 c . ...r -nx a,. w"S"r .Fl+tt p- x .` ,.�, y °4":.?. . Yprr?{!" Y - • f ff.3 35 Acres f /"/'Jf / PU "J f to „ . ..w emu. ,„,,,_ram �s a �k +R. .sg u„ge m ""f WestkShaulis Road r i { T x Sd.t .§ re^at,..'rtai .+:afirNaAtiat .ay., "?Sru*:a2�e.. ,;x OW n .. 444; "u TO N 0 100 200 - - - AAA 1i 11 i 1:�I'1 : FAX NO. : Apr. 24 2011 02:50PM P1 ie .11 ▪ APR. 25, 2011 2: 18PM WATERLOO BLD INSP 319-291-4262 NO. 7159 P. 2 ■ CITY OF WATERLOO,IOWA LEASE AGREEMENT for CITY-OWNED PROPERTY This Agreement made and entered Into this day of , 2011, by and between the City of Waterloo, Iowa(hereinafter referred to as'City"), and (hereinafter referred to as 'Lessee°). 1.The City agrees to allow the Lessee to use and occupy City property generally located at the northwest corner of West Shaulis Road and Ansborough Avenue, and legally descilbed In Exhibit"A"attached here to and made a part here of by this reference. 2.The City agrees to allow the Lessee to use and occupy the aforementioned City property for a term commencing on the day of . 2011, and terminating on the 31°day of pecelnbcr, 2011, The Lessee agrees to pay the City$4e5,75($145.00 per acre)per year for use of the said 3.36 acre City owned property during said term. 3.The City may terminate this agreement upon thirty(30)days'written notice if the City needs the use of said City property for Its own purposes. As the applicant is using the land for crop production, the City would need to reimburse the lessee for any crops in production at the time of termination. Lessee may terminate this Agreement upon thirty(30)days' written notice to the Waterloo Community, Planning, and DevelopmentiDepartment The full amount of the payment is due, end no annual amount would be refunded if termination were to occur within the lease period, 4.In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to Indemnify and hold the City harmless for any and all flability, claims, actions, causes or action, and/or damages which may arise or allegedly arise out of Lessee's use of the aforementioned City property, either to the City's property, or to any other person who may claim injury by and/or through, es a result of the alleged activity on City's property as aforesaid. Lessee further agrees to indemnify and hold the City harmless for any and all damages or Injury, which may occur to Lessee's livestock as a result of the alleged activity on City's property as aforesaid. Lessee further aggress to Indemnify end hold the City harmless for any and all damages or Injury which may occur to Lessee's livestock as a result or consequence of the use of the City property. 5,Thls agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms or conditions of this Agreement will be in any manner modified, welved, or abandoned, except by written Instrument duly signed by both parties and delivered to the City and the lessee. This occupanby agreement and the terms and conditions herein apply and are binding on the legal representative, and euccessore and assigns of both parties, EXECUTED THiS___DAY OF ,2011 CITY OF WATERLOO LESS APPROVED BY: BY: Ernest G. Clark, Mayor Lee slier, Bar Lee arms ATTEST: Suzy Scherer:, City Clerk This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-355 RESOLUTION APPROVING LEASE AGREEMENT WITH BAR LEE FARMS, LTD. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Lease Agreement dated May 2, 2011, at a cost of $145 . 00 per acre for a total of $485 . 75 per year, to farm approximately 3 . 35 acres of city-owned land generally located at the northwest corner of West Shaulis Road and Ansborough Avenue, for the period May 2, 2011 through December 31, 2011, by and between Bar Lee 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 2nd day of May, 2011 . e./, k4( est G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Clerk /��21 � ��y CITY OF WATERLOO , IOWA t►1.n11t,�%ji COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 °lerloo 'o NOEL C.ANDERSON,Community Planning&Development Director Council Communication City Council Meeting: May 2, 2011 Mayor Prepared: April 27, 2011 BUCK Dept. Head Signature: Noel Ander,sex '` CLARK # of Attachments: COUNCIL MEMBERS SUBJECT: 31 -Acre Farm Lease—Near the northwest corner of Martin Road and West Ridgeway Avenue, west of Black Hawk Creek—Rousselow Bros. Farms, DAVID Inc. JONES Ward 1 Submitted by: Noel Anderson, Community Planning and CAROLYN Development Director COLE Ward 2 Recommended City Council Action:Approval HAROLD GETTY Summary Statement: Transmitted herewith is the request that the City of Ward 3 Waterloo approve a lease agreement with Rousselow Bros. Farms, Inc. to farm approximately 31 acres of land (see attached legal description and map) on farm HARTTIN ground near the northwest corner of Martin Road and West Ridgeway Avenue, east Ward 4 of Black Hawk Creek. Rousselow Bros. Farms, Inc. agrees to pay the City $120.00 per acre for the use of the said land, which equates to $3,720.00 per year, RON with the term beginning upon City Council approval and ending on December 31st, WEEPER 2011. In thepast, Rousselow Bros. Farms, Inc. has leased 31 acres of land at this Ward 5 particular location. The City believes the rental amount is a fair asking price based BOB on the lower quality of the farmland in question, due to its wet conditions and GREENWOOD proximity to Black Hawk Creek. At-Large STEVE Expenditure Required. None. SCHMITT At-Large Source of Funds: N/A Policy Issue: Property Management Alternative: Background Information: Rousselow Bros. Farms, Inc. has farmed the ground in question for 4 years. In years past, he has leased the ground for$110.00 per acre, however, this year, the City and Rousselow Bros. Farms, Inc. have come to an agreement to increase the rent by $10.00 per acre, for a total of payment of $120.00 per acre. In a 2009 survey done by Iowa State University Extension of CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 111 An Equal Opportunity/Affirmative Action Employer land rental rates for different agricultural uses throughout the State of Iowa, the lowest rental rate submitted by a survey recipient in Black Hawk County was $100.00 per acre for corn/soybean uses on low quality farmland. Staff would consider the land that Rousselow Bros. Farms, Inc. is farming as low quality farmland, and believes the proposed rental amount is fair based on the lower quality of the farmland in question, due to its wet conditions and a large majority of the land being located within the Floodway and 100-year floodplain of nearby Black Hawk Creek. Legal Description: See attached Cc: Ark Schroeder, City Planner --File-- Rousselow Farm Lease - City Owned Land 31-Acres in Question • UJPU lni'tl • ��. -1 i4 is 4'Y } MA '.re'xr$e ,4.4M ri VSiA' n17's tl;e?:�••�� ya !4 4^ 5•t"k'! '4 , Y ti qx k}x {,+ y {... _dWest Ridgeway'Avenue ,-• .: k c A 1 `,r ti�� • too 50 0 mo B-P - .p\®Feet ,dne'.w..5� .r..s.u.. .. 1 CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY-OWNED PROPERTY This Agreement made and entered into this day of , 2011, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and (hereinafter referred to as "Lessee"). 1.The City agrees to allow the Lessee to use and occupy City property generally located adjacent to Ridgeway Avenue and Martin Road, and legally described in Exhibit"A" attached here to and made a part here of by this reference. 2.The City agrees to allow the Lessee to use and occupy the aforementioned City property for a term commencing on the day of 2011, and terminating on the 315r day of December, 2011. The Lessee agrees to pay the City $i2.7z.&i($120.00 per acre) per year for use of:3Ij acres of said City property during said term. 3.The City may terminate this agreement upon thirty(30)days'written notice if the City needs the use of said City property for its own purposes. As the applicant is using the land for crop production, the City would need to reimburse the lessee for any crops in production at the time of termination. Lessee may terminate this Agreement upon thirty (30)days'written notice to the Waterloo Community, Planning, and Development Department. The full amount of the payment is due, and no annual amount would be refunded if termination were to occur within the lease period. 4.In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless for any and all liability, claims, actions, causes or action, and/or damages which may arise or allegedly arise out of Lessee's use of the aforementioned City property, either to the City's property, or to any other person who may claim injury by and/or through, as a result of the alleged activity on City's property as aforesaid. Lessee further agrees to indemnify and hold the City harmless for any and all damages or injury, which may occur to Lessee's livestock as a result of the alleged activity on City's property as aforesaid. Lessee further aggress to indemnify and hold the City harmless for any and all damages or injury which may occur to Lessee's livestock as a result or consequence of the use of the City property. 5.This agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms or conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties and delivered to the City and the Lessee. This occupancy agreement and the terms and conditions herein apply and are binding on the legal representative, and successors and assigns of both parties. EXECUTED THIS_ DAY OF , 2011 CITY OF WATERLOO LESSEE APPROVED BY: BY: -t Ernest G. Clark, Mayor Rousselow B s. Farmh, Inc. By: /t...J� �WLA;~e�l� Pig�.D Its: ATTEST: Suzy Schares, City Clerk CITY'S ACKNOWLEDGMENT STATE OF IOWA, COUNTY, SS: On this day of ,AD 2011, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared and to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached,that the seal affixed thereto is the seal of said City;that said instrument was signed and sealed on behalf of said City by authority of it's City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. Notary Public in and for said County (Page 1 of 2) IIIIIIIIIIIIIIIIIINIIIIIIIIIIIIIIIIIINIIII1IIIIIIOIiIJ IlIIIII Recorded: 08%801%20090atT11e12:30 AM Fee Amt: $544.20 Pape 1 of 2 Revenue Tax: $527.20 Instr# 200800030570 Black Hawk County Iowa JUDIBook 1080 Page 51770H A -RECORDERHY 171 F11e2009-00024074 Preparer AN Information Christopher S.Wendland Individual's Name P.O. Box 596,Waterloo,IA 50704 Street Address Waterloo,IA 50704 (319)234 5701 City Phone Address tax statement to City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. Return deed to preparer. WARRANTY DEED For the consideration of One Dollar($1.00) and other valuable consideration, Brock, Inc. do(es) hereby Convey to City of Waterloo, Iowa tthe following described real estate in Black Hawk County, Iowa: N See Exhibit"A" attached hereto and by this reference incorporated herein. Deed in fulfillment of contract between the parties filed as Doc. No. 2004034718. Exempt from declaration of value and groundwater hazard statement. Grantors do hereby covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be stated above; and grantors covenant to warrant and defend the real estate against the lawful claims of all persons except as may be stated above. Each of the undersigned hereby relinquishes all rights of dower, homestead, and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. STATE OF IOWA ) Dated: June 3 , 2009 ss: BLACK HAWK COUNTY ) BROCK, INC. Acknowledged before me on June ; , 2009, by Harold L. ,Brockas President of Brock, Inc. CG,:. ,/,_t�2 + S- (2)141_( By. Harold L. Brock, President I _ Notary ublic l��.wi CHRISTOPHER S.WENDLAND * Commission Number 197109 MY CChi S p(� mri t� _ EXPIRES(I 0 7 _y y 00 3�,g15LD Book 1080, Page 51770, File Number 2009-00024074 (Page 2 of.2) EXHIBIT"A" That part of the East 1/2 of the Southeast ''/ of Section 32, Township 89 North, Range 13 West of the 5th P.M., in Waterloo,Black Hawk County,Iowa,described as follows: Beginning at the Southeast corner of said Southeast '/<;thence North along the East line of said Southeast '/4 to a point that is 420 feet South of the Northeast corner of said Southeast '/; thence Southwesterly to the Southwest corner of the Northeast'/4 of said Southeast 1/4;thence South along the West line of the East ''/2 of the Southeast 1/4 to the Southwest corner of said East 1/2;thence East along the South line of said Southeast '/4 to the point of beginning. Except the East 200 feet of the North 200 feet of the South 1,380.5 feet thereof; and Except that part conveyed to the City of Waterloo for road purposes in 536 LD 565 and 569 LD 603; and Except that part described as commencing at the Southeast corner of said Southeast '/4; thence North 00° 00' 00" East along the East line of said Southeast'/4 65.53 feet; thence South 90° 00' 00" West 40.00 feet to the Westerly R-O-W line Martin Road and the Northerly R-O-W line of West Ridgeway Avenue and the point of beginning;thence North 89°14' 20" West along the Northerly R-O-W line of West Ridgeway Avenue 438.67 feet;thence North 00° 45' 40" East 650.00 feet; thence North 90° 00' 00" East 430 feet to the West R-O-W line of Martin Road; thence South 00° 00' 00" West along the West R-O-W line of Martin Road 655.77 feet to the point of beginning, also known as Brock Addition. Book 1080, Page 51770, File Number 2009-00024074 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-356 RESOLUTION APPROVING LEASE AGREEMENT WITH ROUSSELOW BROS. FARMS, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Lease Agreement dated May 2, 2011, at a cost of $120 . 00 per acre for a total of $3, 720 . 00 per year, to farm approximately 31 acres of city-owned land generally located near the northwest corner of Martin Road and West Ridgeway Avenue, west of Black Hawk Creek, from May 2, 2011 to December 31, 2011, by and between Rousselow Bros . Farms, Inc. 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 2nd day of May, 2011 . Ernest G. lark, ayor ATTEST: •_-`�_ ^�may' Suzy Scha,es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting:MayMay Z Prepared:_April 2_ 7 2011 Dept. Head Signature: Eric Thorson # of Attachments: SUBJECT: F.Y. 2009 BIG ROCK ROAD BRIDGES REPLACEMENT WITH CULVERTS CONTRACT NO. 739 NOTICE OF DISCONTINUATION Submitted by: Dennis Gentz P.E. Assistant Ci En ineer Recommended City Council Action: Approve "Notice of Discontinuation" and authorize Mayor to sign document. Summary Statement This Notice of Discontinuation is for the DNR's General Permit No. 2 for storm water management on the project site. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: This document is required by the DNR when stabilization of the project site has been obtained. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-357 RESOLUTION APPROVING NOTICE OF DISCONTINUATION OF A STORM WATER DISCHARGE COVERED UNDER IOWA NPDES GENERAL PERMIT NO. 2 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 in conjunction with the F.Y. 2009 Big Rock Road Bridges Replacement with Culverts, Contract No. 739, 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 2nd day of May, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Schar s, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: May 2, 2011 Prepared: April 27, 2011 Dept. Head Signature: # of Attachments: 1 SUBJECT: Professional Service Agreement with Samuels Group for concrete replacement at Fire Stations #1, #3, #4 and #6. Submitted by: Craig Clark Building Official & Maintenance Administrator Recommended City Council Action: Approve agreement with the Samuels Group for an amount not to exceed $11,050.00 plus an additional 7% of the actual construction costs plus reimbursable expenses not to exceed $500.00 for analysis, design work, bid documents and construction coordination related to the Fire Stations #1, #3, #4 and #6 concrete replacement project. Summary Statement Expenditure Required $ 11,050.00 plus 7% Source of Funds 410-22-1400-2152 Background Information: r I'...,< 11110 April 7, 2011 Samuels Trot]p Craig Clark City of Waterloo - City Hall CORPORATE OFFICE 715 Mulberry Street 311 Financial Way Waterloo , Iowa 50703 Suite 300 Wausau, WI 54401 Re: Proposal for Design / Owner Representative phone 715.842.2222 fax 715.848.8088 Dear Mr. Clark I would like to begin by thanking you for the opportunity to propose our services for the following concrete projects. IOWA OFFICE 313 E 5t° Street Fire Station #1 - Concrete parking lot/drive way replacement including concrete Waterloo, IA 50703 apron and lighting. phone 319.232.6443 Fire Station #3 - Concrete patching fax 319.233.3191 Fire Station #4 - Patio and concrete patching Fire Station #6 - Sidewalk and patio After reviewing the sites and estimating design time The Samuels Group would ^_ propose a not to exceed amount as defined below. All staff costs are calculated at $85.00/hr. These staff costs are billed for actual hours worked with a not to exceed price. This means that all unused staff hours will not be charged to the city of Waterloo. Design hours will include the initial site inspection, all necessary document preparation, specification preparation, shop drawing review, and final inspection. Construction hours will included conducting a pre-bid walk through, invitation to bid, conduct bid day, tabulate and report to the city all qualified bids, write necessary contracts, review shop drawings, help with onsite coordination, conduct site meetings, and report all progress to the city, monitor quality, and provide all close out documentation at the complete of the projects. Estimated Design Hours: 53 Hours at $85.00 = $4,505.00 Estimated Construction Hours: 77 Hours at$85.00 = $6,545.00 The Samuels Group's proposed fee would be an additional 7% of the actual construction costs. This fee includes all preconstruction services, budgeting, • safety monitoring and profit. Again I would like to thank you for this opportunity e • to provide our services to the City of Waterloo. If you have additional questions environments www.samuelsg roup:net please ask. Warm Regards The S' muels G up, Inc. X?* amuels President This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-358 RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH THE SAMUELS GROUP, INC. AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Professional Services Agreement dated May 2, 2011, at a cost not to exceed $11, 050 . 00, plus an additional 7 percent fee of the actual construction costs and reimbursable expenses not to exceed $500. 00, for analysis, design work, bid documents and construction coordination related to the Fire Stations #1, #3, #4, and #6 concrete replacement project, by and between The Samuels Group, Inc. 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 2nd day of May, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: May 2, 2011 Prepared: A ril 27 201 Dept. Head Signatur # of Attachments: SUBJECT: WATERLOO PUBLIC MARKET BUILD OUT PHASE Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: Request that the City Council approve and authorize the Mayor to sign an agreement with InVision Architects of Waterloo, Iowa for architectural services for Waterloo Public Market Build Out Phase. Summary Statement: This agreement to provide design/construction documents, oversight during construction for building out for Riverloop Public Market Cooperative Operation at Waterloo Public Market, 327 W. 3`d, Waterloo. Expenditure Required: Not to exceed$30,000.00 Source of Funds: Funding for this project will be from Waterloo Development Corporation (WDC) allotment from the Black Hawk County Association. Policy Issue Alternative Background Information: Leisure Services is currently under contract with InVision Architecture for Waterloo Public Market Energy Efficient Upgrades awarded December 13, 2010. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-359 RESOLUTION APPROVING AGREEMENT WITH INVISION ARCHITECTS AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Agreement dated May 2, 2011, at a cost not to exceed $30, 000 . 00, to provide design and construction documents, and oversight during the construction for building out for the Riverloop Public Market Cooperative Operation at the Waterloo Public Market located at 327 West 3r Street, by and between Invision Architects 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 2nd day of May, 2011. e6eLeopt eg:d7 rnest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Clerk _ IIL CITY OF WATERLOO , IOWA OPVIAW IDOTrc COMMUNITY PLANNING AND DEVELOPMENT e .. Mulberry 715 Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 dferloo \° NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: May 2 BUCK CLARK Prepared:April 28 Dept. Head Signature: COUNCIL # of Attachments: 8 MEMBERS DAVID SUBJECT: Approval of Contract for the Disaster Recovery Equipment TONES Reimbursement Assistance Program for Midtown Development at 501 Sycamore Ward St, in the amount of$59,309. CAOROLYN LE Submitted by: Aric Schroeder, City Planner Ward 2 Recommended City Council Action:Approval HAROLD GETTY Ward 3 Summary Statement: The Planning and Zoning Department has received and processed 125 applications that are complete with all required documentation in QUENTIN regards to the Disaster Recovery Business Assistance Programs. We are now HART requesting approval of 1 additional application. The additional completed Wanda application totals $59,309, which, if distributed, would leave$504,180.57 in RON remaining Disaster Recovery Business Assistance Program funds. IDED is WELPER requiring that a separate contract agreement(including a promissory note for the Ward 5 forgivable loan amount where applicable)be executed between the City of BOB Waterloo and each of the businesses. The business with their eligible assistance GREENWOOD amounts include: 1)Midtown Development at 501 Sycamore St, $59,309. At-Large Expenditure Required: $59,309 STEVE SCHMITT At-Large Source of Funds: CDBG Business Disaster Recovery Financial Assistance (Contract# 08-DRB-205) Policy Issue: N/A Alternative: N/A Background Information: The City of Waterloo has been awarded Community Development Block Grant Business Disaster Recovery Financial Assistance, and an agreement with the Iowa Department of Economic Development(IDED) was approved with Resolution No. 2009-814 on August 17, 2009 (contract number 08- DRB-205). That agreement provided for the setup of the Disaster Recovery Business Rental Assistance Program, allowing for tenants renting space within a CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 111 An Equal Opportunity/Affirmative Action Employer disaster impacted building up to 6 months of free rent. A business can receive up to 6 months in free rent, with a maximum amount of$50,000 in assistance given as a forgivable loan. The rent can be paid for as far back as October 2008, and if a business's assistance is for 6 previous months rent, then no promissory note is required. If the assistance is for future rent payments, the applicant's will be paid monthly based on the amount of their rent due each month. There have been several amendments to the original contract, one of which was to create the Equipment Reimbursement Assistance Program, which provides assistance in the form of reimbursement for up to 75% of replacement costs associated with machinery and equipment, inventory, office equipment, and furniture physically damaged by the 2008 flood. Awards are not to exceed$300,000 per business. AS:SG cc: Noel Anderson,Community Planning&Development Director Shane Graham,Planner II Business Disaster Recovery Equipment Reimbursement Assistance Program Contract CONTRACT# AWARD DATE: COMPLETION DATE: ERAP001 , 2011 December 31, 2010 ADMINISTRATIVE ENTITY: City of CONTACT PERSON: NAME, Noel Anderson Waterloo Email: Noel.Anderson@waterloo-ia.org to 715 Mulberry St Phone: (319) 291-4366 Waterloo, Iowa 50703 Fax: (319) 291-4262 a- a) BUSINESS: Midtown Development CONTACT PERSON: Vern Nelson 501 Sycamore St, Suite 710 Email: Vern3@blacksbuilding.com Waterloo, Iowa 50703 Phone: (319) 233-5109 Fax: GRANT AMOUNT: $59,309 c y w o PROJECT DESCRIPTION: y 72 This Grant is provided by the Administrative Entity to the Business to reimburse the a a Business for a portion of the replacement cost of Equipment that was Physically Damaged �o ; as a result of the Disaster Event as described in the Application of the Business for '2 .o assistance under the Program. cLL it THE UNDERSIGNED AGREE to be bound by the terms and conditions stated above and the following documents incorporated by this reference and attached to this Contract: (1) Exhibit A- Business Disaster Recovery Equipment Reimbursement Assistance Program General Provisions (June 2010), (2) Exhibit B -Business's Application for Business Disaster Recovery Equipment Reimbursement Assistance Program Assistance and all attachments or exhibits thereto, and (3) Exhibit C —List of Applicable Federal Laws. The Parties have entered into this Contract, effective as of the last date stated below (the "Contract Effective Date"). FOR THE ADMINISTRATIVE ENTITY: FOR THE BUSIN SS: Signature Signature UerNer ci , IV e-ISe nJ Print Name and Title Print Name and Title - g 1( Date Date 4841-4505-1398\2\419462\00019 4/28/2011 EXHIBIT A BUSINESS DISASTER RECOVERY EQUIPMENT REIMBURSEMENT ASSISTANCE PROGRAM GENERAL PROVISIONS (July 2009) 1. CONTRACT DURATION This Contract is major disaster under Title IV of the Robert T. effective as of the Contract Effective Date stated Stafford Disaster Relief and Emergency Act(42 on Page 1 and shall remain in effect through the U.S.C. Section 5721 et seq.) designated by the Completion Date set forth on page 1 of this Federal Emergency Management Agency as Contract and until the Administrative Entity has Disaster No. 1763 that occurred between May closed out the Contract and provided Business 25, 2008 and August 13, 2008 with written notice of Contract closeout. 2. DEFINITIONS. Capitalized terms used in this j• "Equipment"means equipment and machinery, furniture, inventory or supplies used Contract shall have the following meanings: or to be used by the Business for its business in the activities. "Equipment"does not include a. "Act" means the Act, as defined Recipient Contract. construction, maintenance, leaseholder expenses, vehicles, or leased equipment, except b. "Administrative Entity" means the city or capital lease agreements. Nor does"Equipment county whose name is set forth o the cityfirst pagerinclude items permanently attached to a building of this Contract name thes heading and which are considered part of the structure of "Administrative Entity". the building to which they are attached. c. "Application" means the application of the k. "HUD" means the U.S. Department of Housing and Urban Development. Business for assistance pursuant to the Program and all attachments thereto, attached hereto as Exhibit B. I. "IDED" means the Iowa Department of Economic Development, an agency of the State d. "Award" means the amount set forth and of Iowa. described as"Grant Amount" on the first page of this Contract, which award shall not exceed 75% m. "Physically flooding means physical of the replacement cost of Physically Damaged damage caused by age caused includingbt rnado. Equipment, up to a maximum award of$75,000. flow, isor physical Damaged" dos not include by tornado. "Physically does not include damage caused by sanitary or storm sewer backup e. "Business" means the business whose name is set forth on the first page of this unless IDED determinese Disasterer such damage was Contract under the heading "Business". a direct result of the Event. f. "Contract" means the Business Disaster m. "Program" means the Business Disaster Recovery Equipment Reimbursement Recovery Equipment Reimbursement Assistance Program Contract and all exhibits parAsst of the grant Program administered SttofIowab IDED as attached thereto. part of the to the State of under the HUD Community Development Block Grant g. "Contract Effective Date"shall have the program. meaning set forth on the first page of this Contract. n. "Recipient Contract" means the Contract between IDED and h. "Disaster-damaged Space" means a the Administrative Entity dated business space that was Physically Damaged as pursuant to which the Administrative Agency received the funds for the Awa a result of the Disaster Event, as well as a rd. building constructed to replace a building that was demolished due to physical damage as a Contract FUNDING.grantThe source IDEDto funding for this result of the Disaster Event, which replacement is a from to the Administrative Entity for financial assistance to building is located on the same site as the building it replaced. businesses in the form of reimbursement for a portion of the replacement cost of Equipment i. "Disaster Event" means floods, storms and that was Physically Damaged as a result of the Disaster Event as provided in this Contract. Any tornados which resulted in the declaration of a Contract#ERAP001 2 termination, reduction, or delay of funds exceed $75,000. available due, in whole or in part, to(i) lack of, 7. BUSINESS'S REPRESENTATIONS AND reduction in, or a deappropriation of funds, or(ii) WARRANTIES. Business represents and any other reason beyond the Administrative warrants to Administrative Entity as follows: Entity's control may, in the sole discretion of the Administrative Entity, result in the termination, a. Authority and validity of obligations. reduction or delay funds tothe Business. Business has full right and authority to enter into this Contract. The person signing this Contract 4. ACKNOWLEDGEMENT OF OBLIGATIONS. has full authority to sign this Contract on behalf Business acknowledges and agrees that: a) this of the Business, and obligate the Business to the performance of each and all of the Award is made in consideration of Business's representations and warranties described in this obligations under the Contract. Contract, and b) upon violation of such b. Approvals received. This Contract delivered covenants and warranties, Business is obligated by the Business has been duly authorized, to immediately repay any amounts the executed and delivered by the Business and Administrative Entity determines Business constitutes the valid and binding obligations of received without fulfillment of Business's the Business and enforceable against it in obligations under this Contract, plus applicable accordance with their terms. Business has costs described in Section 13, all as further secured all necessary authorizations and provided herein. approvals with any governmental, regulatory or governing board that may be necessary to 5. CONDITIONS TO DISBURSEMENT OF permit Business to execute this Contract and FUNDS; DISBURSEMENT TERMS. No portion comply with its terms. of the Award funds will be disbursed to the c. Governmental Approvals, Permits and Business until: Licenses. To the best of its knowledge, (a) The Business and the Grantor have signed information, and belief after reasonable due this Contract, and (b) the Business requests a diligence and investigation to determine the disbursement of funds. All disbursements of accuracy of this representation, Business Award funds shall be subject to receipt by the represents that it has received all licenses, Administrative Agency of requests for permits, and approvals of all Federal, state, and disbursement, in form and content acceptable to local governmental authorities, if any, necessary the Administrative Agency, submitted by the to conduct its business, in each case where the Business. All requests shall include failure to obtain or maintain the same could documentation of costs that have been paid for reasonably be expected to have a material the purchase of Equipment that has replaced adverse effect. No investigation or proceeding Physically Damaged Equipment. The Business which, if adversely determined, could reasonably shall submit to the Administrative Agency such be expected to result in revocation or denial of supporting evidence as may be reasonably any material license, permit, or approval is requested by the Administrative Agency to pending or, to the knowledge of the Business substantiate all payments which are to be made threatened. out of any requisition and/or to substantiate all d. Litigation and Other Controversies. There is payments then made with respect to this no litigation or governmental proceeding Contract. pending, nor to the knowledge of the Business No further disbursements will be made under threatened, against the Business which if this Contract after June 30, 2011. adversely determined would adversely impact Business's ability to perform under this Contract. 6. ALLOWABLE COSTS. The Award shall consist of a conditional grant in an amount not to e. Compliance with Laws. To the best of its exceed the amount set forth beside the heading knowledge, information, and belief after "Grant Amount"on page 1 of this Contract, reasonable due diligence and investigation to which shall be equal to up to 75% of the determine the accuracy of this representation, replacement costs of the Business associated Business represents that it is in compliance with with Equipment that was located in Disaster- the requirements of all federal, state and local Damaged Space and was Physically Damaged laws, rules and regulations applicable to or as a result of the Disaster Event; provided, pertaining to the operations of Business. however, that the maximum Award shall not f. Application. All statements of the Business Contract#ERAP001 3 • contained in its Application, attached hereto as The warranties and representations of Section 7 Exhibit B, including any attachments thereto are made as of the Date set forth on page one (including but not limited to the Consent and (1) of this Contract and shall be deemed to be Release Form, the Subrogation Agreement and ongoing representations during the term of this the Duplication of Benefits Affidavit attached Contract. thereto), are true and correct as of the date 9. COVENANTS OF BUSINESS. The Business hereof. All documentation and information provided by the Business to show a loss due to covenants that: physical damage to Equipment that was a. Performance Obligations. Business shall (1) Physically Damaged as a result of the Disaster remain open and operating until all amounts are Event are true and correct as of the date hereof. disbursed pursuant to this Contract, and (2) comply with all other terms of this Contract. g. Location of Business. The Business either Business shall promptly provide Administrative owned or leased Disaster-damaged Space Entity with written notice of any major changes during the time the Disaster Event occurred and that would impact compliance with the was continuing, and Equipment owned by the covenants contained herein. Business and located in such Disaster-damaged b. Repayment Obligations. Upon (i)the Space was Physically Damaged as a result of occurrence of an unremedied Event of Default the Disaster Event. The Business currently is as described in Section 10, or(ii) a located in a county that was declared to be part determination by IDED or HUD that the Award of the Disaster Event. was granted to the Business in contravention of h. No Residences. The Business is not the federal and state rules and regulations for located in the residence of the owner of the the Program, the Business agrees to Business. immediately repay such amounts determined by IDED or the Administrative Entity to be due and i. Business Activity. The Business was open and operating at the time of the Disaster Event payable. and remains open and operating on the date c. Required Reports. For the duration of this hereof. Contract the Business shall provide the j. No Duplication of Benefits. The Business Administrative Entity with such reports as requested by the Administrative Entity to assist has not received funds from any other source, including but not limited to private/business in evaluation of the Program's effectiveness and insurance, federal funding, state or local grants, to determine compliance with this Contract. forgivable loans or private bank loans for the Business shall promptly comply with all such purpose of reimbursing the Business for the requests. costs of any Equipment for which the Business d. Disbursement Requests. Business shall receives reimbursement pursuant to this prepare, sign and submit disbursement requests Contact. as specified in this Contract in the form and k. No Assistance Under Other Programs. The content required by Administrative Entity. Business has not received assistance under Business shall review all disbursement requests IDED's Disaster Recovery Business Rental and verify that claimed expenditures are allowable costs. Business shall maintain Assistance Program or Disaster Recovery documentation adequate to support the claimed Expanded Business Rental Assistance Program. I. Physically Damaged Equipment. The costs. Business owned Equipment that was Physically e. No Assistance under Other Programs. The Damaged by the Disaster Event. Business will not apply for assistance under m. Prohibited Expenditures. The Business IDED's Disaster Recovery Business Rental has not requested funds under the Program for Assistance Program or Disaster Recovery construction, maintenance or leaseholder Expanded Business Rental Assistance Program. expenses, the purchase or lease of vehicles, f. Duplication of Benefits. The Business shall promptly notify the Administrative Entity of the leased equipment, or items permanently attached to a building and which are considered receipt of any funds received by the Business part of the structure of the building to which they from any source whatsoever for the same are attached. purpose as the purpose of the Award pursuant 8. EFFECTIVE DATE OF to this Contract. REPRESENTATIONS AND WARRANTIES. g. Inspection and Audit. Business shall permit Contract#ERAP001 4 the Administrative Entity and its duly authorized Award. representatives, HUD, IDED or other state and I.federal agencies and their duly authorized a Accounng books, recordsec anBusd all shallr representatives to visit and inspect any of the maintain its and other Business's properties, books and financial evidence pertaining to this Contract in records related the purposes of the Award, to accordance with generally accepted accounting examine and make p ofs thes of principles and such other procedures specified accountsmie and other copiesop records,books and to by Administrative Entity. These records shall be discuss the affairs, finances and accounts with, available to HUD, the Administrative Auditor Entity,f itse and to be advised as to the same by, its officers, internaltate o Iowa,or externaltheAttorneye the of the and independent public accountants (and by this of Iowa,e of te Iowa the General Economic the State provision Business authorizes such accountants Developmentf e the Iowa Department of fCriminal to discuss with the Administrative Entity and the and the d Division of Administrative Entity's duly authorized Investigations at all times during the Contract representatives the finances and affairs of the (5)ful duration and any this Contractns th is closedof, and for byfiye Business) at such reasonable time and (5)full years from this is out reasonable intervals as the Administrative Entity thet Administrativeor Entity claims longer in the eventcommenced may designate. Routine inspections and audits nat instituted,litigation,i n, audit case are n or performed by Administrative Entity will be at the eecor in which litigation,Bu auditus or claimin the records until the or has Administrative Entity's expense. In the event been fully resolved in the sole discretion of the any special audits are conducted at Administrative Entity. Administrative Entity's request, the cost of such special audits will be at Business's expense. m. Indemnification. Business shall indemnify, h. Compliance with Laws. Business will comply defend and hold harmless the Administrative nts, in all material respects with the requirements of divisions, s, agencies,D and their respective commissions, all federal, state and local laws, rules, divisions, sections, commissions, regulations and orders including, but not limited officers, employees and agents, from and against all losses, liabilities, penalties, fines, to prevention of discrimination in employment, damages and claims (including taxes), and all equal employment opportunity and affirmative related costs and expenses (including action, worker rights and worker safety, reasonable attorneys'fees and disbursements including but not limited to those laws listed in and costs of investigation, litigation, settlement, Exhibit C attached hereto, and the Iowa judgments, interest and penalties), arising from Department of Economic Development's or in connection with any of the following: (i)any administrative rules for the Business Disaster claim, demand, action, citation or legal Recovery Equipment Reimbursement proceeding arising out of or resulting from the Assistance Program (261 IAC- Chapter 79), as Award; (ii) any claim, demand, action, citation or such laws, rules, regulations, order and legal proceeding arising out of or resulting from administrative rules may be amended from time a breach by Business of any representation or to time. warranty made by the Business in this Contract; i. Compliance with Terms of Recipient (iii) any claim, demand, action, citation or legal Contract. Business acknowledges that it has proceeding which results from an act or read and understood the provisions of the omission of Business or any of their agents in its Recipient Contract. Business shall comply with or their capacity as an employer of a person; any and all terms of the Recipient Contract that and (iv) any claim, demand, action, citation or either expressly or by implication apply to legal or administrative proceeding arising out of Business as a subrecipient under the Recipient or resulting from Business' breach of the terms Contract. and covenants set forth herein, including but not j. Use of Award Funds. Business shall use limited to claims made against the Award funds extended under this Contract solely Administrative Entity by IDED and claims for the purposes set forth in this Contract. relating to the Administrative Entity's inability to k. Notice of Proceedings. Business shall comply with agreements with IDED as a result of promptly notify the Administrative Entity of the Business' breach of the terms and covenants of initiation of any claims, lawsuits, or other this Contract.. proceedings brought against Business, which n. Conflict of Interest. (i) General. No persons would adversely impact the purposes of the identified in paragraph (ii) below who exercise or Contract#ERAP001 5 have exercised any administrative functions or provided in Section 12, there is an unremedied responsibilities with respect to Community Event of Default, the Administrative Entity may, Development Block Grant("CDBG") assisted at its sole discretion, take any or all of the activities, including the Award funds under this following actions: Contract, or who are in a position to participate a. Terminate this Contract and all of the in a decision-making process or gain inside obligations of the Administrative Entity under this information with regard to such activities, may Contract on the date stated in such notice, obtain a personal or financial interest or benefit and/or from a CDBG assisted activity, or have an interest in any contract, subcontract or b. Suspend pending disbursements and agreement with respect thereto, or the proceeds terminate further disbursements of Award funds, thereunder, either for themselves or those with and/or whom such person has a family or business c. Require repayment of funds not used in relationship, during their tenure and for one year compliance with this Contract; and/or thereafter. (ii) Persons covered. The conflict of d. Declare the total amount of Award funds interest provisions described in paragraph (i) of disbursed to Business, or any portion thereof in this subsection apply to any person who is an an amount determined in the sole discretion of employee, agent, consultant, officer or elected the Administrative Entity to be forthwith due and or appointed official of IDED, the Administrative payable, including any and all fees, charges and Entity or the Business as a sub-recipient of other amounts payable under this Contract. The CDBG funds in the form of the Award funds total amount due shall be and become under this Contract. immediately due and payable without further o. Location of Business. The Business will demand, presentment, protest or notice of any continue to be located in a county in Iowa that kind; and/or was declared to be part of the Disaster Event at e. Negotiate a repayment plan with Business least until all funds are disbursed pursuant to for the Award in the event that the Event of this Contract. Default is Business' noncompliance with the p. Business Activity. The Business will terms of this Contract. continue to be open and operating at least until 12. NOTICE AND OPPORTUNITY TO CURE. all funds are disbursed pursuant to this Contract. The Business shall give the Administrative Entity q. Prohibited Expenditures. The Business will notice of any Event of Default of which Business not seek reimbursement under this Contract for becomes aware. If Administrative Entity construction, maintenance, or leaseholder receives such notice or has reasonable cause to expenses, the purchase or lease of vehicles, believe that an Event of Default has occurred leased equipment or items permanently under this Contract, the Administrative Entity attached to a building and which are considered shall issue a written Notice of Default to the part of the structure of the building to which they Business, setting forth the nature of the alleged are attached. default in reasonable specificity, and providing therein a reasonable period time, which shall not 10. EVENTS OF DEFAULT.Any one or more of the following shall constitute an event of default be fewer than twenty(20) days from the date of (an "Event of Default") hereunder: the Notice of Default, in which the Business shall have an opportunity to cure, provided that cure a. Noncompliance with Contract. Default in is possible and feasible. the observance or performance of any provision of this Contract; or 13. EXPENSES. Business agrees to pay to the Administrative Entity all expenses reasonably b. Material Misrepresentation. Any incurred or paid by Administrative Entity representation or warranty made by the including reasonable attorneys' fees and court Business in this Contract or in any statement or costs, in connection with any Default or Event of certificate furnished by it pursuant to this Default by the Business or in connection with the Contract, or in connection with any of the above, enforcement of any of the terms of this Contract. proves untrue in any material manner as determined in the sole discretion of the 14. TIMELY PERFORMANCE.The parties Administrative Entity. hereto agree that the dates and time periods 11. REMEDIES UPON DEFAULT. If, after specified in this Contract are of the essence to the satisfactory performance of this Contract. notice of default and opportunity to cure as 15. CHOICE OF LAW AND FORUM. Contract#ERAP001 6 In the event any proceeding of a judicial nature Entity of any default hereunder shall operate as is commenced in connection with this Contract, a waiver of any other default or of the same the proceeding shall be brought in Des Moines, default on any future occasion. No delay on the Iowa, in Polk County District Court for the State part of the Administrative Entity in exercising any of Iowa, if such court has jurisdiction. If right or remedy hereunder shall operate as a however, such court lacks jurisdiction and waiver thereof. No single or partial exercise of jurisdiction lies only in a United States District any right or remedy by Administrative Entity Court, the matter shall be commenced in the shall preclude future exercise thereof or the United States District Court for the Southern exercise of any other right or remedy. District of Iowa, Central Division. This provision 22. COUNTERPARTS.This Contract may be shall not be construed as waiving any immunity executed in any number of counterparts, each of to suit or liability, in state or federal court, which which shall be deemed to be an original, but all may be available to the Administrative Entity, or of which together shall constitute but one and its officers, employees or agents. The parties the same instrument. hereto waive any consent to such jurisdiction 23. SURVIVAL OF REPRESENTATIONS. All and venue of any such court as provided in this section and hereby waive any argument that representations and warranties made herein or venue in such forums is not convenient. in any other Contract document or in certificates 16. GOVERNING LAW. This Contract and the given pursuant hereto or thereto shall survive rights and duties of the parties hereto shall be the executiontherContract and deliveryocmntof thisa shall Contract and the other documents and shall continue governed by, and construed in accordance with in full force and effect with respect to the date as the internal laws of the State of Iowa without of which they were made until all of Business's regard to principles of conflicts of laws. obligations or liabilities under this Contract have 17. CONTRACT AMENDMENTS. The Contract been satisfied. may only be amended if done so in writing and 24. SEVERABILITY OF PROVISIONS.Any signed by the Business and the Administrative provision of this Contract, which is Entity. unenforceable in any jurisdiction, shall, as to 18. NOTICES. All notices hereunder shall be in such jurisdiction, be ineffective to the extent of writing and shall be given to the relevant party at such unenforceability without invalidating the its address, or e-mail address as set forth on the remaining provisions hereof or affecting the first page of this Contract. Each such notice, validity or enforceability of such provision in any request or other communication shall be other jurisdiction. All rights, remedies and effective (i) if given by facsimile, when such powers provided in this Contract or any other facsimile is transmitted to the facsimile number Contract document may be exercised only to the specified and a confirmation of such facsimile extent that the exercise thereof does not violate has been received by the sender, (ii) if given by any applicable mandatory provisions of law, and e-mail, when such e-mail is transmitted to the e- all the provisions of this Contract and any other mail address specified and a confirmation of Contract document are intended to be subject to such e-mail has been received by the sender, all applicable mandatory provisions of law which (iii) if given by mail, five (5) days after such may be controlling and to be limited to the extent communication is deposited in the mail, certified necessary so that they will not render this or registered with return receipt requested, Contract or any other Contract document invalid addressed as aforesaid or(iv) if given by any or unenforceable. other means, when delivered at the addresses 25. NONASSIGNMENT.This Contract may not specified. be assigned by Business without prior written 19. HEADINGS. Section headings used in this consent of the Administrative Entity. Contract are for convenience of reference only 26.TERMINATION. (a)This Contract may be and are not a part of this Contract for any other terminated in the following circumstances: purpose. 20. FINAL AUTHORITY. The Administrative (i). By the Administrative Entity as a result of the Administrative Entity's determination of an Entity shall have the authority to reasonably Event of Default which remains uncured after assess whether Business has complied with the any notice and cure period provided pursuant to terms of this Contract. this Contract; 21. WAIVERS. No waiver by the Administrative Contract#ERAP001 7 (ii). By the Administrative Entity as a result of this Contract and its Exhibits, the following order the termination or reduction of funding to the of priority shall control: Administrative Entity, or a unilateral modification made by IDED to the agreement between the a. The terms and conditions of the Award as Administrative Entity and IDED pursuant to outlined on Page 1 of this Contract. which the Award funds are provided or any other b. Exhibit A—Business Disaster Recovery event or circumstance beyond the control of the Equipment Reimbursement Assistance Administrative Entity that may cause the Program General Provisions (June 2010). Administrative Entity to terminate this Contract, c. Exhibit B-Business's Application for as determined in the sole discretion of the Disaster Recovery Business Assistance Administrative Entity Programs. (iii). Upon written mutual, written agreement of d. Exhibit C— List of Applicable Federal Laws. the Administrative Entity and Business. 28. INTEGRATION. This Contract and all (b) Upon termination of this Contract as exhibits attached thereto contains the entire provided in this section, no further disbursement understanding between the Business and the of funds shall be made under this Contract to Administrative Entity relating to this Award under Business. In the event of termination of this the IDED Disaster Recovery Equipment Contract due to the occurrence and continuance Reimbursement Assistance Program and any of an Event of Default beyond any applicable representations that may have been made notice and cure periods, the remedies provided before or after the signing of this Contract which in this Contract for such Event of Default shall are not contained herein, are nonbinding, void apply. and of no effect. Neither of the Parties has relied 27. ORDER OF PRIORITY. In the case of any on any such prior representation in entering into inconsistency or conflict between provisions of this Contract. Contract#ERAP001 8 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-360 RESOLUTION APPROVING CONTRACT FOR THE BUSINESS DISASTER RECOVERY EQUIPMENT REIMBURSEMENT ASSISTANCE PROGRAM WITH THE IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT AND DIRECTING EXECUTION OF SAID DOCUMENTS BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Contract dated May 2, 2011, for the Business Disaster Recovery Equipment Reimbursement Assistance Program with the following business : Midtown Development, 501 Sycamore Street, Suite 710 $59, 309. 00 by and between the Iowa Department of Economic Development (CDBG Contract #08-DRB-205) 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 2nd day of May, 2011 . PA-, E nest G. Clark, Mayor ATTEST: ---:27. - i. Ir.Psl7 Suzy Schares, C C City Clerk CITY OF WATERLOO Council Communication L� City Council Meeting: May 2, 2011 Prepared:April 28, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: SIDEWALK INSPECTION AND REPAIR PROGRAM - ZONE 1 Submitted by: W. Wayne Castle, PLS, EI,Associate Engineer Recommended City Council Action: I request that Council authorize the Engineering Department to notify the property owners of the necessary sidewalk repairs. I also request that Council set May 23, 2011 as the date for a public hearing on the proposed repairs, for discussion on errors and omissions but not costs, and instruct the City Clerk to publish said notice. Summary Statement City staff has completed the sidewalk inspection for Zone 1 and calculated the estimated repair costs for each affected property and are ready to notify property owners. Included in this notice will be an estimate of the repair cost, if included in an assessment program. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: By Waterloo ordinance, property owners will be allowed 45 days from the date of notice to voluntarily repair their walk. Property owners, or their designated contractors,will be allowed to obtain sidewalk permits during that 45-day period. The final day to obtain a permit will be June 24, 2011. All sidewalk repair construction will be required to be completed by July 8, 2011. Any unrepaired sidewalk remaining would then be included in an assessment program. The assessment program will be prepared following the 45-day period with construction let as soon as possible thereafter. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-361 RESOLUTION FIXING THE TIME AND PLACE OF HEARING AND NOTICE TO BE GIVEN ON THE REQUEST TO SEND OUT NOTIFICATION TO PROPERTY OWNERS OF PROPOSED SIDEWALK REPAIRS AND ESTIMATE OF COSTS IN CONJUNCTION WITH THE SIDEWALK INSPECTION AND REPAIR PROGRAM - ZONE 1, AS MAY 23, 2011, AT 5: 30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL 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 Council Chambers in the City Hall in the City of Waterloo, Iowa at 5 : 30 p.m. , on the 23rd day of May, 2011, for the purpose of considering and acting upon the request to send out notification to property owners of proposed sidewalk repairs and estimate of costs in conjunction with the Sidewalk Inspection and Repair Program - Zone 1 . Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of hearing in the Waterloo Courier. PASSED AND ADOPTED this 2nd day of May, 2011 . rnest G. Clark, Mayor ATTEST: 'uzy Schlres, CMC City Clerk /61 ; CITY OF WATERLOO , IOWA m COMMUNITY PLANNING AND DEVELOPMENT 411 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 tPrloo \� NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: May 2, 2011 /�1� J `�� f1/(1 CLARK BUCK Prepared: April 27, 20114 Dept. Head Signature: Noel Anderson- # of Attachments: COUNCIL MEMBERS SUBJECT: Request to set the date of public hearing as June 6, 2011 on final DAVID selection of route and authorization to acquire or condemn necessary property JONES required for the West Shaulis Road/Ansborough Avenue reconstruction project, Ward 1 and rescind previously approved Resolution No. 2011-308 that initially set the date CAROLYN of public hearing for the project at May 23, 2011. COLE Ward 2 Submitted by: Noel Anderson, Community Planning &Development Director HAROLD GETTY Recommended City Council Action:Approval Ward 3 Summary Statement: Transmitted herewith is a request to set the date of public QHARTTIN hearing as June 6, 2011 on final selection of and authorization to acquire or Ward 4 condemn necessary property needed for the West Shaulis Road/Ansborough Avenue reconstruction project(IDOT# STP-U-8155(711)-70-07). Currently, RON City staff is in the process of working with property owners that would be WEEPER impacted bythe roadwayproject to obtain necessarytemporary Ward 5 p P j p ary easements, permanent easements and right-of-way that are needed. BOB GREENWOOD The reason for the resolution rescission is due to a delay in notification letters At-Large being sent to the involved property owners. State law requires that the owners are STEVE notified 30 days before the public hearing. Moving the condemnation hearing date SCHMITT to June 6, 2011 will not delay the project or negotiations with the involved owners. At-Large At the June 6, 2011 Public Hearing, it will be necessary for the City Council to do the following: > Adopt a resolution making the final section of the roadway route and the necessary property interests for the project. > Adopt a resolution finding that there exists a reasonable expectation that the City will be able to achieve its public purposes through the project, to comply with applicable standards, and to obtain necessary permits. > Adopt a resolution establishing the amount of Just Compensation for each property included in the project. CITY WEBSITE: www.ci.waterloo.i.a.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer > Adopt a resolution authorizing that offers be made to acquire necessary property interests and that efforts be made to negotiate acquisitions. > Adopt a resolution authorizing the use of eminent domain procedures to acquire necessary property interests if negotiations are unsuccessful. The City would like to let bids for this project this fall so that the project can begin in the spring of 2012. In order for the Iowa Department of Transportation to certify this project, either all necessary right-of-way and easements need to be obtained, or a condemnation hearing date needs to be set. It is the goal of staff that this project not proceed to condemnation procedures, as extra expenses would be incurred by both the City and property owner. Staff will continue to make good faith efforts to negotiate with each property owner involved to avoid going to eminent domain procedures. It is important that a condemnation date be established as soon as possible, rather then waiting longer and then setting the date after negotiations possibly fail. Doing so would delay the project even more. Expenditure Required: None Source of Funds: N/A Policy Issue: Transportation, Economic Development, Land Use Alternative: Background Information: The extension of West Shaulis Road and the reconstruction of Ansborough Avenue have been in the Metropolitan Planning Organization's Long Range Transportation Goals for nearly 30 years. Completion of this project will open up hundreds of acres of land for potential new economic development projects, ranging from professional offices, light industrial development and new residential development. Legal Description: N/A ta:NA cc: Aric Schroeder,City Planner Eric Thorson,City Engineer Jeff Bales,Associate Engineer Jim Walsh,Legal Chris Wendland,Legal -file— - - — — .„,...„, -74,_,,ivi_rtivi___IIT-4--040:14.14-,,,,,71.14.` 1-- -.'' ,4`._.... 101 ,,,,„_„ „„,-..- ,,,,„1-1-,7,„ , *.i1„4,„-,,x-..-,- ,f,,t , .!.7.•.,.-,„,,, -. , IT "1, t .1 -0,:...._-4 ---...'• 1 ,t z r 4.-IriStz -rt.' 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X --..; -1 r-, W :44tiobir i 0 , o Its.-e, - 1,-..-....X ; - • 1 eL - < — .',..7•-.,i-L I-'7: ji 0 e"`st-.-.....S, ...•.-4 .Er , r . i u ,., • ......,id. Iiigli,c,a ' ' ' i•.;n IF , . .... .. ....„ ... .. ... .IIIIIRt. 1 111168 tr''''''-' ' ' IS - < • .4 i li 91111; I, A .-...cr.k, .„ „•. - -..-iL4t''.4.4"/-: -."4.r.,,,„--. - 71111 . r- W(SI ;I.' ''''' ''''%"Ii.r .'-'.. 1".- .. 1 A X N ' ,41"--:' - ""'-',-....-',--. , ' arlow--A INN i a w••, *-- any A6n010CISUY 7-74 747 ,.:, ,,... . i,,..-.444. ,..„,_ ,,, 1 ti ., fli, 1 v ' - '''' - ' r. ... ..t. . ...‘ ` •v•It.,, "•..'• . ... CI) " 4'. ,41; 1 '<, tTr,4-7•7-'*, . 'A-1•,- -,•.;- -• ••-••• - ‘)•- '',- - - .,.11..• - ..'• 1,1.1, " '• ' 'Y ,,A'P'` te • %, 1 L itt , f ,,,,... • '' l• ,-,7-1i.,:at ,./-..•.-: ,, 4&-i ; ' ',::- -.,-'.., , ,.. , , / 114, CITY OF WATERLOO , IOWA lye . 4, COMMUNITY PLANNING AND DEVELOPMENT dterl00 ��� 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: April 18, 2011 BUCK CLARK Prepared: April 13, 2011 Dept. Head Signature: Noel Andersoni'"" �`I # of Attachments: COUNCIL MEMBERS SUBJECT: Request to set the date of public hearing as May 23, 2011 on fmal DAVID selection of route and authorization to acquire or condemn necessary property JONES required for the West Shaulis Road/Ansborough Avenue reconstruction project Ward 1 CAROLYN Submitted by: Noel Anderson, Community Planning& Development Director COLE Ward 2 Recommended City Council Action:Approval HAROLD GETTY Summary Statement: Transmitted herewith is a request to set the date of public Ward 3 hearing as May 23, 2011 on final selection of and authorization to acquire or condemn necessary property needed for the West Shaulis Road/Ansborough HARTTIN Avenue reconstruction project(IDOT# STP-U-8155 711 ( )--70-07). Currently, Ward 4 City staff is in the process of working with property owners that would be impacted by the roadway project to obtain necessary temporary easements, RON permanent easements and right-of-way that are needed. WELPER Ward 5 At the May 23, 2011 Public Hearing, it will be necessary for the City Council to do BOB the following: GREENWOOD At-Large > Adopt a resolution making the final section of the roadway route and the STEVE necessary property interests for the project. SCHMITT ➢ Adopt a resolution finding that there exists a reasonable expectation that At-Large the City will be able to achieve its public purposes through the project, to comply with applicable standards, and to obtain necessary permits. > Adopt a resolution establishing the amount of Just Compensation for each property included in the project. > Adopt a resolution authorizing that offers be made to acquire necessary property interests and that efforts be made to negotiate acquisitions. > Adopt a resolution authorizing the use of eminent domain procedures to acquire necessary property interests if negotiations are unsuccessful. The City would like to let bids for this project this fall so that the project can begin in the spring of 2012. In order for the Iowa Department of Transportation to certify this project, either all necessary right-of-way and easements need to be CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! 11111 An Equal Opportunity/Affirmative Action Employer . obtained, or a condemnation hearing date needs to be set. It is the goal of staff that this project not proceed to condemnation procedures, as extra expenses would be incurred by both the City and property owner. Staff will continue to make good faith efforts to negotiate with each property owner involved to avoid going to eminent domain procedures. It is important that a condemnation date be established as soon as possible, rather then waiting longer and then setting the date after negotiations possibly fail. Doing so would delay the project even more. Expenditure Required: None Source of Funds: N/A Policy Issue: Transportation, Economic Development, Land Use Alternative: Background Information: The extension of West Shaulis Road and the reconstruction of Ansborough Avenue have been in the Metropolitan Planning Organization's Long Range Transportation Goals for nearly 30 years. Completion of this project will open up hundreds of acres of land for potential new economic development projects, ranging from professional offices, light industrial development and new residential development. Legal Description: N/A ta:NA cc: Aric Schroeder,City Planner Eric Thorson,City Engineer Jeff Bales,Associate Engineer Jim Walsh,Legal Chris Wendland,Legal —file— This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-362 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON FINAL SELECTION OF ROUTE AND AUTHORIZATION TO ACQUIRE OR CONDEMN NECESSARY PROPERTY REQUIRED FOR THE WEST SHAULIS ROAD/ANSBOROUGH AVENUE RECONSTRUCTION PROJECT, AS JUNE 6, 2011, AT 5: 30 P.M. IN THE CITY HALL COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING THE CITY CLERK TO PUBLISH NOTICE OF HEARING, AND RESCINDING RESOLUTION NO. 2011-308 IN ITS ENTIRETY. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 6th day of June, 2011, for the purpose of considering and acting upon final selection of route and authorization to acquire or condemn necessary property required for the West Shaulis Road/Ansborough Avenue Reconstruction Project . 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. BE IT FURTHER RESOLVED, that Resolution No. 2011-308, be and the same, hereby rescinded in its entirety. PASSED AND ADOPTED this 2nd day of May, 2011 . La7 Ernest G. Clark, ayor ATTEST: S Suzy Scha es, CMC City Cler ORDINANCE NO. 5044 AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY REPEALING SUBSECTION (7) FIFTH STREET (W) OF SECTION 549, LOADING ZONES; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION (7) FIFTH STREET (W) TO SECTION 549, LOADING ZONES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Subsection (7) Fifth Street (W) of Section 549, Loading Zones, of the 2008 Traffic Code is repealed in its entirety; that a new Subsection (7) Fifth Street (W) of Section 549, Loading Zones, of the 2008 Traffic Code is hereby enacted in lieu thereof as follows : (7) Fifth Street (W) Southeast side in 100 and 200 blocks; one zone on the southeast side in 300 block; southeast side in 1100 and 1200 blocks in front of Irving School north of the crosswalk, with a five (5) minute time limit INTRODUCED: May 2, 2011 PASSED 1ST CONSIDERATION: May 2, 2011 PASSED 2ND CONSIDERATION: May 2, 2011 PASSED 3RD CONSIDERATION: May 2, 2011 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 2nd day of May, 2011, and approved by the Mayor on the 2nd day of May, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5044, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 2nd day of May, 2011 . Witness my hand and seal of office this 2nd day of May, 2011 . SEAL- — Suzy Sc ares, CMC City Clerk ORDINANCE NO. 5044 AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY REPEALING SUBSECTION (7) FIFTH STREET (W) OF SECTION 549, LOADING ZONES; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION (7) FIFTH STREET (W) TO SECTION 549, LOADING ZONES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Subsection (7) Fifth Street (W) of Section 549, Loading Zones, of the 2008 Traffic Code is repealed in its entirety; that a new Subsection (7) Fifth Street (W) of Section 549, Loading Zones, of the 2008 Traffic Code is hereby enacted in lieu thereof as follows : (7) Fifth Street (W) Southeast side in 100 and 200 blocks; one zone on the southeast side in 300 block; southeast side in 1100 and 1200 blocks in front of Irving School north of the crosswalk, with a five (5) minute time limit INTRODUCED: May 2, 2011 PASSED 1ST CONSIDERATION: May 2, 2011 PASSED 2ND CONSIDERATION: May 2, 2011 PASSED 3RD CONSIDERATION: May 2, 2011 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 2nd day of May, 2011, and approved by the Mayor on the 2nd day of May, 2011 . i/L41 ad-/ Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5044, as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 2nd day of May, 2011. my hand and seal of office this 2nd day of May, 2011. SEAL Suzy S ares, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: May 2, 2011 Prepared: April 27, 2011 Dept. Head Signature: Sandie Greco # of Attachments: 1 SUBJECT: Ordinance Change — "5 Minute Loading Zone Between Signs" 1100 block of W. 5th St. at the Irving School location Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Adopt Ordinance Summary Statement Ordinance change —Allow parents to park and walk young students into Irving School and pick them up at dismissal. The 1100 and 1200 hundred blocks of W. 5th are signed "No Parking During School 8 AM to 4 PM". This ordinance change will allow for 2 to 3 vehicles to park for 5 minutes. Expenditure Required: Source of Funds: Policy Issue Alternative Background Information: Working with Waterloo School Administration, Code Enforcement and the Police Dept. to allow vehicles to park in a designated zone for dropping off and picking up young students. This loading zone will be located on the north side of the crosswalk and on the east side of W. 5th St. in front of Irving School. This will allow students to safely cross W. 5th St. Citations will no longer be issued to vehicles parked in the no parking zone while taking children into school. ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY REPEALING SUBSECTION (7) FIFTH STREET (W) OF SECTION 549, LOADING ZONES; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION (7) FIFTH STREET (W) TO SECTION 549, LOADING ZONES. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (7) Fifth Street (W) of Section 549, Loading Zones, of the 2008 Traffic Code is repealed in its entirety; that a new Subsection (7) Fifth Street (W) of Section 549, Loading Zones, of the 2008 Traffic Code is hereby enacted in lieu thereof as follows: (7) Fifth Street(W) Southeast side in 100 and 200 blocks; one zone on the southeast side in 300 block; southeast side in 1100 and 1200 blocks in front of Irving School north of the crosswalk,with a five (5)minute time limit PASSED AND ADOPTED by the City Council this day of 2011, and approved by the Mayor this day of , 2011. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-363 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PURCHASE OF ONE (1) NEW 2011 COMPACT TRACK LOADER WITH ATTACHMENTS. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Leisure Services Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the purchase of One (1) New 2011 Compact Track Loader with Attachments, in the City of Waterloo, Iowa, and WHEREAS, said Leisure Services Director did file said specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the purchase of One (1) New 2011 Compact Track Loader with Attachments. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the purchase of One (1) New 2011 Compact Track Loader with Attachments, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 2nd day of May, 2011 . g< 44-'21---tr" Eest G. Clark, Mayor ATTEST: a ... 1� Suzy SchAres, CMC City Clerk This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-364 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC. , IN CONJUNCTION WITH THE PURCHASE OF ONE (1) NEW 2011 COMPACT TRACK LOADER WITH ATTACHMENTS, IN THE CITY OF WATERLOO AS MAY 16, 2011, AT 5: 30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1 . That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5 : 30 p.m. on the 16th day of May, 2011, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract, etc. , in conjunction with the purchase of One (1) New 2011 Compact Track Loader with Attachments, in the City of Waterloo, with the taking of bids therefore. Section 2 . That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 2nd day of May, 2011 . Hes�lark, Mayor--‘ ATTEST: Suzy Scha es, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: May 2, 2011 Prepared:April 27, 2011 Dept. Head Signature: PH # of Attachments: SUBJECT: Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Request Council Receive and File the 2011-2015 Resource Enhancement and Protection Plan, a copy of which is available in the Clerk's office. Summary Statement: Roger White, Chair of the Black Hawk County REAP Committee is requesting that the new REAP plan be received and filed by Council. Expenditure Required: none Source of Funds: NA Policy Issue: Alternative: Background Information: This plan was approved by the Leisure Services Commission at their February 8, 2011 meeting. Waterloo has received REAP grants consistently for many years. BlackHawk County ResourceEnhancement and ProtectionPlan 2011 -2015 4 Y Y .,a, v' 'Ah ury, M w,f + ry }�[yy-�'.,p� µpt. Hv r 4' .4 ff ..(•^Cp.Sh Yl lj� � 5j'{PYt'�S1.f5..%y _ 5 �s' �f .-,,- y 4 -, t i % �' T vl4s ' +G S 4'J 'SY �'�t.a +.' 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T C L,:n ..u. glit hNaT "a,,fic'v a,^' t a.0 rr t v.`�� .,`- ,`..s Prepared By Iowa Northland Regional Council of Governments September 2010 Background 1 Black Hawk County REAP Committee I REAP Planning Process 2 REAP Programs and Local Funding 3 Black Hawk County Resource Inventory Recreation Areas. 4 Preserve Areas 6 Cultural Resources 7 Trails 9 Water 10 Soils 10 Goals and Focus Areas for 2011-2015 Plan 11 Focus Area Projects Focus 1: Expand, Acquire, and Development of Open Spaces 12 Focus 2: Improve Soil and Water Quality 13 Focus 3: Develop,Enhance, and Maintain Trail Opportunities 15 Focus 4: Improve Education,Roadside Vegetation, and Historical Preservation 18 Focus 5: Expand and Improve Vertical Infrastructure 19 Future Initiatives 20 List of Accomplishments from REAP Initiatives• 22 Attachments Attachment I: Black Hawk County Land-Use Policy Statements Attachment 2: Historical REAP Expenditures in Black Hawk County Attachment 3: Regional Trail Plan Attachment 4: Black Hawk County Parks and Recreations Areas Attachment 5: Metro Area Parks and Trails Attachment 6: Black Hawk County Watersheds Attachment 7: Black Hawk County Soil Map Attachment 8: One Year Financial Plan Background In May of 1989 the Iowa Legislature approved the Resource Enhancement and Protection (REAP) Act with overwhelming bipartisan support. Since the beginning of the program, $263,430,853 has been allocated towards REAP programs in seven categories: ➢ Open space preservation > Land conservation • Land management > Historical preservation ➢ Open space acquisition and development > Native roadside vegetation > Soil and water enhancement Each county in Iowa is required to have a REAP Committee for the review and approval of REAP grant applications. In the same year the REAP Program was created, various members of local organizations joined together to create the Black Hawk County REAP Committee. In the years immediately following the REAP Act of 1989, REAP Committees across Iowa remained strong and diligently worked towards improving and protecting the natural areas, in their county. Unfortunately, during the mid-90s many REAP Committees became less involved in the review process and the main responsibility of the Chairperson was to merely sign-off for the grant applications without ample review and discussion. In recent years, Black Hawk County has realized the importance of having an involved REAP Committee for the revitalization and preservation of its natural areas. In 2007, the Black Hawk County Conservation Board took proactive steps to redevelop a fully functional REAP Committee and adopt a new 5-Year REAP Plan for the years 2008- 2012. Because of the historic flooding in the summer of 2008, outdoor recreation and preservation of natural areas in Black Hawk County changed drastically. Since that time, an enhanced focus has been directed toward mitigation of flood damage by proactively planning what types of land use should be located in the flood plains, as well as the implementation of practices that reduce volume of storm water runoff into creeks and rivers. Based on this approach, efforts to update the REAP Plan were initiated. Black Hawk County REAP Committee One of the primary responsibilities of the Black Hawk County REAP Committee is to devise a plan to use the financial resources of the REAP Act. The plan should guide achievement of the goals set forward by the 1989 Iowa General Assembly, as well as to develop a conservation and land ethic that will improve the quality of life for citizens and visitors of Black Hawk County. The REAP Committee was responsible for creating the 1990-1995 and 2008-2012 REAP plans to identify current trends of recreation and wildlife activities and highlight areas of Black Hawk County that were most in need of future REAP funds. 1 Currently, the REAP Committee meets annually to determine upcoming REAP projects and address the critical environmental needs in the County. Special meetings are also held to make revisions to the REAP Plan as necessary. The Black Hawk County REAP Committee membership includes the following persons: Roger White(Chair) Cedar River Cyclists and REAP delegate Don Shoultz(Vice-Chair) Local citizen Vern Fish Black Hawk County Conservation Board Jim Weimer Black Hawk County Conservation Board Lynn Kloberdanz Black Hawk County Engineering Department Sherman Lundy Black Hawk County Soil & Water Conservation Phil Schuppert Black Hawk County Soil & Water Conservation Pam Wolter Cedar Valley Paddlers Mark Ripplinger Cedar Falls Park Division Bob Morgan Cedar Trails Partnership Billie Hemmer Cedar Valley Arboretum Sandie Deahl City of Hudson Angela Watson City of Janesville Arlene Hahn Dunkerton Parks Eric Sage Farm Bureau Billie Bailey Grout Museum Rebecca Kauten Iowa DNR Phil Thomas Local citizen Craig Ritland Local citizen Joel Haack UNI College of Natural Sciences Kirk Henderson UNI Integrated Roadside Vegetation Management Paul Huting Waterloo Leisure Services Aric Schroeder Waterloo Planning Department Additional members serve on the committee periodically, as membership is flexible in order to include multiple interest groups at different times. REAP Planning Process Development of the REAP Plan update for 2011-2015 was received with much enthusiasm from numerous organizations within the County. The first REAP Committee meeting for the updated plan was held May 27, 2010. Invitations to participate in this important meeting were extended to the Board of Supervisors, the Black Hawk County Conservation Board, Natural Resources Conservation Service (NRCS), school principals & superintendents, mayors, city parks departments, historical organizations, environmental organizations, and outdoor recreation groups from Black Hawk County. At the initial meeting, 19 representatives were in attendance with the mission of reviewing past Goals and Focus Areas and deciding what to include in an updated plan. Members were also encouraged to propose projects within the county that would be eligible for REAP funding within the next five years. The proposed projects were then classified by individual Focus Areas and are included in the latter portion of this plan. 2 Two additional meeting were held to review the Draft 2011-2015 REAP Plan, both of which were open to the public. Revisions were made to the plan at these meetings, and all changes were approved by the committee. On September 14, 2010 the Black Hawk County 2011-2015 REAP Plan was approved for adoption by the committee on a unanimous vote. The plan was then presented to the Black Hawk County Conservation Board and Black Hawk County Supervisors for approval. The plan was also presented to the Waterloo Leisure Services Commission and the Cedar Falls Parks and Recreation Commission for their approval. REAP Programs and Local Funding A detailed list of REAP funding from 1989—2009 can be found in Attachment 2. City Parks and Open Space (15% of REAP funds): This money is available to cities through competitive grants. From 1990 through 2009, Cedar Falls, Dunkerton, Evansdale, Hudson and Waterloo have received Open Spaces Grants totaling over $2,033,035. Many of these projects were multi-phased, of which the largest include the Big Woods Lake Recreation Area that totaled seven phases including acquisition, trail development, and campground development. Conservation Education: A five-member board implements the Conservation Education Program (CEP) and they annually allocate approximately $350,000 in grants for conservation education in Iowa. Grant recipients include The Friends of Haitinan Reserve, Iowa Academy of Science and the University of Northern Iowa for after school programs, workshops, and educational initiatives. In total, educational programs in Black Hawk County have received$272,855 through this REAP program. County Conservation(20% of REAP funds): This money is available to counties for land easements or acquisition, capital improvements, stabilization and protection of resources, repair and upgrading of facilities, environmental education and equipment. Allocations totaling $725,245 have been received by the Black Hawk County Conservation Department on the Per County and Per Population basis. Additional funds totaling $213,525 have been awarded for the Black Hawk Creek Greenbelt Addition and the Cedar Valley Lakes Project Additions under the competitive grant process. DNR Administration: After the $350,000 Conservation Education allotment, 1% of the remaining funds are transferred to the DNR to help defray costs of REAP administration. DNR Land Management (9% of REAP funds): This money is available to the DNR for development and management of state conservation lands. This account serves as a substitute for the state park user permit receipts, which were terminated by the legislature when REAP was enacted. To date, George Wyth State Park has been the only recipient of REAP Land Management funds in Black Hawk County, totaling $296,019 for projects such as new park amenities and structural repairs. 3 , Historical Resource Development Program (5% of REAP funds): The State Historical Society in the Department of Cultural Affairs administers this portion of REAP funding. Grants are available to private individuals and businesses, as well as to non-profit organizations and agencies of Certified Local Governments. Various individuals and public organizations have received a total of $457,909 for projects throughout Black Hawk County since 1990. Open Space Acquisition and Development (28% of REAP funds): This money is allocated to acquire and develop open spaces for public use. Black Hawk County has been allocated $162,324 from this source, including a tract of land along the Wapsipinicon River in 2009 which totaled over$158,000. Roadside Vegetation (3% of REAP funds): This money is available through the Department of Transportation for state, county, and city management of roadside vegetation. Numerous public agencies or organizations in Black Hawk County have received funds to use for roadside/trail enhancement plantings and informative workshops. To date, allocated funds total $567,471. Soil and Water Enhancement (20% of REAP funds): These funds are available to landowners for soil and water conservation and enhancement projects. The Black Hawk County Soil and Water Conservation District has received allocations from 1990 through 2009 for conservation practices totaling$203,583. Black Hawk County Resource Inventory Recreation Areas: State: George Wyth Memorial State Park, at 909 acres, is the only state park in Black Hawk County and has been designated as a National Urban Wildlife Sanctuary. The park includes lake and river fishing, swimming, camping, modern showers, picnicking, four open shelters and one enclosed shelter, hiking, bicycling, boating,playground equipment, cross-country skiing, snowmobiling, and restrooms.are available. The Park has several water areas: Brinker Lake (120 acres, open for power boating), George Wyth Lake (75 acres, no-wake lake with handicap accessible fishing pier), Fisher Lake (40 acre natural lake), Alice Wyth Lake ("Lake Alice" is 60 acres, electric motors only), and the Cedar River, which forms the Southern border of the park. George Wyth State Park sustained substantial damage from the 2008 flood, and rebuilding efforts have been ongoing since that time including extensive work to the beach area and surrounding facilities. County: Black Hawk County is fortunate to have a vast array of publicly owned open spaces (see Attachment 4). The County Conservation Department currently manages nearly 8,200 acres of parks, open spaces, or wildlife areas in and around Black Hawk County. Although not all parcels are under Black Hawk County ownership, cooperative efforts of 4 Black Hawk County, the State of Iowa, the Waterloo Rotary Club, and individual land owners make access to these recreational areas possible. The largest tract of land that the Conservation Department manages is Black Hawk Park, encompassing nearly 1,600 acres, and is one of the largest county parks in Iowa.It forms a greenbelt along the Cedar River from Cedar Falls to Washington-Union Bridge, 4 miles to the north. It also adjoins Railroad Lake and Beaver Creek Access to the west. Amenities include a campground with full hookups available, picnic areas with fire grills, showers, open shelters, cabins for rent as well as river and creek boat access. The second largest area under County management is the Brett Klima Wildlife Area located north of La Porte City, encompassing 925 acres; 903 acres of this area is open to public hunting. Numerous organizations and businesses in the Cedar Valley have helped in funding expansion of this wildlife area in recent years,as well as REAP funding. This area also has river and creek access. The third largest area under county management is Hickory Hills Park at 723 acres. Although established in Tama County in 1969, the Black Hawk County Conservation Board owns and manages the area. Hickory Hills Park is located just 12 miles south of Waterloo. Amenities include a campground with full hookups available,picnic areas with fire grills, showers, open shelters, cabins for rent as well as access to the 39 acre Casey Lake. ( Another vital area under County management is the Hartman Reserve Nature Center. The Center is a wooded isle located in the heart of metropolitan Black Hawk County. This 300 acre natural area extends from an upland bluff overlooking the Cedar River Valley, down to the banks of the Cedar River. Within the forest are a series of gravel pits, backwater, vernal depressions, a small prairie, and an open meadow. The Reserve includes an Interpretive Center that is perched on a bluff above the River in the midst of the upland forest. Year-round public educational activities for children and adults, as well as rental space, are available for private parties. City: The Waterloo/Cedar Falls metro area also offers numerous trails, parks, and open spaces for public enjoyment (see Attachment 5). The City of Cedar Falls Parks Department manages 35 parks (over 1,100 acres), an 18-hole golf course, one 9-hole golf courses, one aquatic center, true-6ity-peels, and 35 miles of paved recreation trails. The City of Waterloo Leisure Services manages 52 parks (approximately 3,000 acres), with the largest being the Leonard Katoski Greenbelt at 1,100 acres. The Greenbelt includes an eight mile stretch of the Black Hawk Creek, a prairie, a series of lakes, and miles of trails for biking, hiking, and cross country skiing. The Black Hawk Creek water trail is currently under development throughout the entire greenbelt. Additional recreation activities are provided by Waterloo's three golf courses, two city pools, a sports arena, and 42 miles of paved trails. 5 Offering a different type of recreation, the Riverview Recreation Area serves as the primary Off Highway Vehicle (OHV) Park in the Cedar Valley. The entire Recreation Area totals 395 acres with 180 being designated strictly to off road vehicle use. Other amenities include fishing, boat access, recreational trails and picnicking. The Riverview Recreation Area is located within the Waterloo City limits, and is one of only a few areas in Iowa where an OHV park is found in an urban setting. The cities of Hudson, Janesville, La Porte City, Evansdale, and Dunkerton also provide neighboring city parks, pools, golf courses, and other recreational facilities. Preserve Areas State Recognized: Cedar Hills Sand Prairie: Found northwest of Cedar Falls in Western Black Hawk County, this 36-acre preserve contains a sand prairie, sedge meadow, and small fen. Formerly known as 'Mark Sand Prairie,' it has been managed by the University of Northern Iowa Biological Preserves since its discovery in 1969. It was acquired by the Iowa chapter of The Nature Conservancy in 1985 from Wayne Mark. The preserve was dedicated in 1985 for its biological and geological features. Located in the Iowan Surface landform region, the preserve sits atop a broad sandy divide between the Cedar River and Beaver Creek, and is one of a series of Aeolian (wind-formed) sandy ridges found along the Cedar River valley. Casey's Paha: Located within the Hickory Hills Recreation Area in northeastern Tama County 13 miles south of Waterloo, is this 175-acre preserve that highlights a half-mile portion of a 2.5 mile-long elongated hill known as a 'Paha.' This 170-acre area was purchased in 1974 by the Black Hawk County Conservation Board. The western third was dedicated as a geological preserve in 1989 and named after the Caseys, an Irish family that originally settled in the area. The gentle hills provide most of the topographic relief in. a region of the state known as the Iowan Surface landform region. The accumulation of wind-blown silt (loess) topping the narrow elongate ridges reaches forty feet deep in places. Hartman Bluff State Reserve: Found along the Cedar River within the Cedar Falls/Waterloo metropolitan area is this 46-acre area containing the most highly natural land within the 300-acre Hartman Reserve. Dedicated in 2004, the preserve contains both upland forest and bottomland forest that have been relatively undisturbed since the 1930s. Their preservation in an urban setting is enhanced by interpretation through educational programming provided by the Hartman Reserve Nature Center located just outside of the preserve. Local: Natural Areas Reserve Program: Together, a total of 6,388.38 acres (736 parcels) of natural areas have been set aside in Black Hawk County under the Forest Reserve Program, of which 5,033 acres of land in private ownership have been put in protective status. The second largest set-aside area is Open Prairies, totaling 1,066 acres. Smaller preserve areas include 132 acres of Forest Cover, 85 acres of Wetlands, 42 acres of 6 y Native Prairie, and almost 30 acres of Wildlife Habitat.Some of these private landowners have been assisted in their efforts to protect and create natural areas by the Black Hawk County Conservation Board, Iowa Department of Natural Resources, and several local private groups such as Pheasants Forever, Ducks Unlimited, Izaak Walton League, and the Cedar Valley Wetlands Foundation. University of Northern Iowa Biological Preserves System: The University of Northern Iowa (UNI) Preserves system consists of seven tracts of land, of which approximately 76 1 acres are on-campus and approximately 77 acres are off-campus. The on-campus sites include the eight acre University Avenue preserve, a 9.2 acre reconstructed tall grass prairie, a 7.3 acre Campus lowland Forest Preserve, seven acres along Dry Run Creek of reforestation and riparian succession research area named the South Main Street Preserve, and the 35 acre Upland Forest Preserve. Off-campus is Matala Preserve, a 75 acre native lowland forest on the floodplain of the Cedar River and the 2.5 acre Clay Prairie Preserve, a small remnant tall grass prairie in Butler County. The UNI Preserves system provides students and the public an opportunity to observe the reconstruction, management, and preservation of these lands as well as serving the University's mission for research and education. New to the UNI biological preserves in 2008 is a mowed- grass walking path through the tall grass prairie and lowland forest preserve. This path allows access for students groups and the public to experience the preserves in an educational,natural setting. Cedar Valley Arboretum and Botanical Gardens: Started in 1995, the Arboretum has grown to 75 acres of leased land from Hawkeye Community College. The Arboretum remains vibrant to this day with the help of volunteers and financial donations. Cultural Resources Grout Museum District: Throughout its 54 year history, the Grout Museum of History & Science, widely acknowledged as one of the cornerstones of culture in Northeast Iowa, ,. F" f i, has worked to fulfill its mission a ` " �-T < r 4t " : `r = to collect, preserve and J i ll �k,� , interpret cultural and natural x.. 1J,.i velam `' it 1: 1 history of the region. The '{ 4 r .4 ' .�,�g� � _ museum, named after Henry �a t �'d r „ Ei, .,c Whittemore Grout, was " s ' - `° -,-w_-. completed in 1956 and opened x .$7 , ,11 to the public as a private not- --- "� -= 5 1 ; =3 for profit museum. Drawing from the museum's extensive Grout Museum at Night; collection, the museum features Photo courtesy of Grout Museum many permanent exhibits, including the Grout Planetarium, and ever-changing temporary exhibits. A major addition to the Grout Museum, the Sullivan Brothers Iowa Veterans Museum was completed in 2008. This museum honors the service and sacrifice of all Iowa veterans from the Cival War to the present. The Grout Museum District also includes the Carl A. and Peggy J. 7 Bluedorn Imaginarium, the Rensselaer Russell House Museum and the Snowden House. See Attachment 4 for museum location. Waterloo Center for the Arts: The Center for the Arts is a municipal non-profit institution dedicated to fostering community awareness and appreciation of the arts by acquiring, preserving, exhibiting, and interpreting significant works of art. Operating under the auspices of the Waterloo Cultural and Arts Commission, the Center and its programs reflect the City's commitment to and support of arts and culture. As an expansion to the Center for the Arts, the Phelps Youth Pavilion addresses several critical needs for the Arts Center. The new home of the nationally recognized Junior Art Gallery, the Phelps Youth Pavilion doubles the space and creates a more secure, accessible area for the thousands of school children who visit each year. The new area includes a Junior Art Gallery, a Digital Arts Lab, a new Ceramics Studio, and increased storage for the growing permanent art collection. Cedar Falls Historical Society: In June of 1962, the first meeting of what was then called the Historical Committee was held. The group was appointed by the Cedar Falls Chamber of Commerce to "establish an organization to preserve and procure items of historical value to the community." As the 1960s progressed, the Dempster house (now known as the Victorian House)was purchased as the Society's first museum. Since then the Society has saved numerous buildings from demolition, and later restored them into museums. These museums include, but are not limited to, the Ice House Museum, the George Wyth House and Viking Pump Museum, the Behrens-Rapp Station, and the Little Red School t' House. The Ice House Museum sustained heavy damage from the 2008 flood, and is currently undergoing extensive restoration. Hearst Center for the Arts:-The Center for the Arts was opened to the public in 1989 after being bequeathed to the City of Cedar Falls in 1983. With hundreds of works by local and regional artists, the permanent collection provides a fascinating perspective on Iowa, the Midwest and the nation. The Center also inspires local art through exhibitions, performances, programs, classes and workshops. As part of the Center, the Hearst Sculpture Garden also features works of art by selected Iowa sculptors that capture the complementary beauties of natural and created art. University Museum: The museum at the University of Northern Iowa was started in 1892 through the individual collecting by faculty members of artifacts and specimens for use in the classroom. These collections were initiated by those in the disciplines of geology and biology, but were later expanded to include history and anthropology. The Museum has always been an educational resource for the general public as well as the campus. The University Museum is one of only five major natural history museums within the State of Iowa, and one of an even smaller number featuring collections with a global perspective. Silos and Smokestacks: The seed of a dream sprouted in 1991 when Silos & Smokestacks was formed. In 1996 the dream bloomed as a National Heritage Area. Northeast Iowa has a unique experience to offer all age groups of visitors and Iowans. The non-profit Silos & Smokestacks organization was created to support development of regional heritage 8 tourism and share the story of American agriculture. Silos & Smokestacks is a 37-county region in Northeast Iowa covering over 20,000 square miles. A federally designated National Heritage Area, it functions as an Affiliated Area of the National Park Service. Trails American Discovery Trail (ADT): Spanning 15 states and over 6,800 miles, a portion of this nationally recognized trail passes through Black Hawk County along the Cedar River and south through the City of Hudson. A portion of the.ADT shares the name Cedar Valley Nature Trail, which connects to Cedar Rapids, and is a widely recognized trail across the Cedar Valley. In Black Hawk County, the majority of the ADT is a paved off- road trail for non motorized use only; the remaining segments that compose the trail are on-road. The ADT spans the Cedar River in two locations: McFarlane Park near La Porte City, and at Evansdale. Both of these bridges were destroyed by the flood of 2008, and their reconstruction will reconnect this national trail system. - • ` . The ADT also comprises segments of other regionally important trail loops. Most trail ;VIr ' segments in Black Hawk County form loops that ,_ I' t _,74trarftiti.oZ4,),It-t. allow trail users to plan their trip in advance and . � �_ �. end at the starting point. The Cedar River Loop is 16.3 miles of paved trails that parallel the Cedar River between the centers of Waterloo and Cedar � ?", ~— Falls. This scenic trail loop spans the river at rxs several locations, one of which is a dedicated r k recreational trail bridge named Krieg's crossing. Another trail segment that shares a portion of the Big Woods Lake Trail Segment; ADT is the Cedar Prairie Loop. Totaling 17.1 Photo by INRCOG miles, this paved loop follows Greenhill Road in Cedar Falls and Sergeant Road in Waterloo, and connects south to the City of Hudson. Cedar River Water Trail—Beginning in the Thunder Woman Park at Finchford, this trail encompasses over 44 miles along the Cedar River through the Waterloo metropolitan area to McFarlane Park south of La Porte City. Installation of signage and improved access points will be completed in Spring 2011, which will improve the safety and usefulness of this statewide water trail. Signage includes warning of damns, distance markers, and informational kiosks. Future components of this( water trail will include whitewater courses in Cedar Falls and Waterloo. 3y y) {n],qy t° Z'e lt t aH$r.ip ",. ^/r Cedar Valley Paddlers Trail: Traversing a total of ten Y miles (8.4 water, 1.6portage), this water trail loop P follows natural meanders of the Cedar River and four " lakes within George Wyth State Park. Eight portages „ LLB allow access between the river and various lakes, with optional routes for shorter distances and lakes in the _y , scenic Hartman Reserve. Many boat ramps are located Black Hawk Creek Water Trail; Photo courtesy of Al Donaldson 9 along this trail on both the Cedar River and the many lakes, allowing easy access to the trail for all skill levels. Black Hawk Creek Water Trail: Currently being developed, this 41 mile water trail spans multiple counties and was established cooperatively with the Iowa Water Trails Program through the IDNR, Black Hawk County Conservation Board, Grundy County Conservation Board and the communities of Grundy Center, Reinbeck, Hudson and Waterloo. Enhanced access, signage, and additional parking areas should make this seldom known water trail a substantial feature to the region's trail system. Wapsipinicon River Water Trail:A popular river for paddlers and fishing enthusiasts, the Wapsi River provides a well known water trail that spans several counties including the northeast corner of Black Hawk County. There are five areas where paddlers can park and access the river in the county: Siggelkow Park, Bruce Childs, Bruggeman Park, River Birch Bottoms and Wapsi Bluff. This water trail extends from Black Hawk County into Buchanan County where it enters the towns of Independence and Quasqueton. Water The major water resources of Black Hawk County include the Cedar River, the Wapsipinicon River, and Black Hawk Creek. The Wapsipinicon River is one of only five protected water areas in the State of Iowa, making it one of the most special rivers in the state. A complete map of the large and small watersheds is shown on Attachment 6. The f' floodplain of the Cedar River is home to most of the open spaces and recreational areas in the county. Many of the remaining natural areas in the county are sheltered by the Wapsipinicon River, Black Hawk Creek, and Beaver Creek. The only major natural lake in public ownership is the 40-acre Fisher Lake. Several manmade lakes have been created along the Cedar River as a result of road construction and gravel mining. The larger lakes include Wyth Lake in George Wyth Park, Alice Wyth Lake, Brinker Lake, and Big Woods Lake. Other smaller non-natural lakes include Lake Meyer in Deerwood Park, Martin Lake in the Leonard Katoski Greenbelt, and Casey Lake in Hickory Hills Park(two miles into Tama County). Soils The soils and drainage patterns of Black Hawk County have provided an excellent base for the intensive Midwest agriculture. There are seven major soil types existing in Black Hawk County (see Attachment 7). Dinsmore-Klingmore-Maxmore: Nearly level and gently sloping, well drained to poorly drained silty soils formed in loess; on uplands. Dinsdale-Klinger-Maxfield: Nearly level to moderately sloping, well drained to poorly drained silty soils formed in loess and the underlying glacial till; on uplands. 10 l,. Kenyon-Clyde-Floyd: Nearly level to strongly sloping, moderately well drained to poorly drained loamy soils formed in loamy material and the underlying glacial till; on uplands. Readlyn-Tripoli: Nearly level and very gently sloping, somewhat poorly drained and poorly drained loamy soils formed in loamy material and the underlying glacial till; on uplands. Sparta-Finchford-Saude:: Nearly level to moderately steep, excessively drained to well drained sandy and loamy soils formed in eolian (carried by the wind) sands or in eaolian sands and the underlying glacial till; on uplands and terraces. Coland-Spillville:• Nearly level and gently sloping, excessively drained to poorly drained loamy soils formed in loamy alluvial (deposited by water) sediments; on bottom lands and terraces. Marquis-Clyde-Floyd: Nearly level, poorly drained silty and loamy soils formed in silty and loamy alluvial sediments; on bottom lands and terraces. Goals and Focus Areas for the 2011 - 2015 REAP Plan Goals 1. To meet the historical and outdoor recreational needs of the citizens of Iowa in Black Hawk County, while encouraging land stewardship, education and preservation of existing and future assets. 2. To be consistent with and to implement the goals and objectives outlined in the Statewide Comprehensive Outdoor Recreation Plan (SCORP), the bi-annual REAP Congress, and the Iowa Open Spaces Plan. Focus Areas 1. Expand, acquire, and develop open spaces for the purpose of: a.) Recreation b.) Wildlife Habitat c.) Preservation d.) Protection of environmentally sensitive areas 2. Improve soil and water quality through promotion and development of urban and rural best management practices and education with emphasis on a watershed scale. 3. Develop, enhance and maintain water and land trail opportunities as supported by statewide,regional and local planning initiatives. 11 r , 4. Support and Improve: a.) Environmental education b.) Roadside native vegetation opportunities c.) Historic preservation initiatives 5. Expand and improve vertical infrastructure. Potential Focus Area Projects Focus Area 1: Expand, acquire, and develop open spaces for the purpose of: a.) Recreation b.) Wildlife Habitat c.) Preservation d.) Protection of environmentally sensitive areas • Sustain funding for Wildlife Conservationist Position - The position coordinates the management of wildlife habitat, preserves native species and protects environmentally sensitive areas on public and private lands across the county. • Continue Development of the Big Woods Lake Campground - The 11.68 acre campground provides 52 full hook-up sites for recreational vehicles and camper/trailer units, two cabins, provisions for tent camping, a play area, and wireless internet. Future improvements include a new shower building and a playground. The Big Woods Lake Recreation Area is located in the Cedar Falls City limits; however, the campground is managed by the Black Hawk County Conservation Board. A long- term 28E agreement defining management and maintenance responsibilities between these agencies has been developed. • Continue the creation of food plots on private/public property for wildlife habitat - No specific properties are identified to house food plots, but the Conservation Board will seek to develop them as they come available, with assistance from Pheasants Forever. • Acquire land for wildlife habitat adjacent to Klima Wildlife Area - Just north of La Porte City, the Klima Wildlife Area currently covers 753 acres and is managed by the County Conservation Board. Currently, 177 acres has been purchased by the Conservation Board. Additional land adjacent to the 177 acres has the potential to be purchased by the County Conservation Board to expand this important wildlife area. • Purchase property to the southwest of Big Woods Lake - In recent years Big Woods Lake Recreation Area has undergone significant trails and camping accommodation improvements. Acquiring additional land adjacent to the Lake will allow for continued expansion and preservation of this public recreation area. • Continue to purchase flood buyout properties - Numerous properties along the Cedar River are in the floodplain and therefore are prone to flooding. The floods of 2008 damaged many properties to the point where property owners sought a buyout. The cities of Waterloo and Cedar Falls will continue to buyout the flood prone properties 12 on a volunteer basis and develop them into open space in order to have minimal impacts from future flooding. o Develop Partnerships and Management Plans among municipalities for the coordinated development of flood buyout properties — Continue cooperative work with the Board of Supervisors and their maintenance supervisor on rural buyouts in the Finchford, Weiden Road, Sunnyside and La Porte areas. o Work with the City of Waterloo to create a comprehensive plan for the Sherwood Park buyouts. o Work with the City of Cedar Falls to continue buyouts in flood impacted areas and areas prone to future flooding. o Coordinate with the Black Hawk County Conservation Board, NRCS, • INHF, and Iowa DNR to acquire and manage EWPP and WRP buyouts. • Acquire lands along Cedar River, West Fork of the Cedar River, Wapsipinicon River, and Black Hawk Creek The main purpose for acquiring lands along the major waterways in the region is for buffering of open space and preservation of scenic and historic areas. Although no specific parcels of land are currently identified, negotiations will be sought should land become available. In addition, conservation easements in flood prone areas will be considered when available. • Expand and develop Cedar Valley Arboretum - Currently, the Arboretum covers 75 acres of land including a Botanical Center. Although the Arboretum's programs remain strong, expansion and additional development of the site will allow for more programs and exhibits for its many visitors of all ages. • Increase urban open space Through neighborhood redevelopment projects and new construction, cities in the metropolitan area will strive to create inviting public open spaces where all citizens can relax or recreate. • Continue development of Riverview Recreation Area — Currently, the 400-acre Riverview Recreation Area amenities include a boat ramp, fishing habitats, ATV park, wetlands area, recreation trail, and picnic shelters. Future enhancements include a fishing jetty, asphalting the recreation trail and developing a natural beach area. • Increase boating amenities of the Cedar River including boathouse/marina improvements - The new bladder dam allows for additional boating activities on the Cedar River through Waterloo. Additional boating amenities will increase river related recreation and encourage more boaters to view the Cedar River as a boating destination. • Development of handicapped accessible hunting and fishing opportunities - These opportunities are not site specific, but are meant to increase the availability of hunting and fishing areas to persons with disabilities. • Purchase drainage corridors and wetlands - To preserve natural buffer areas and ecologically sensitive areas, the County Conservation Board and individual cities within the county will strive to purchase drainage corridors and wetlands for conservation purposes in a proactive approach before the development of previously 13 • undisturbed land. Such a strategy would include an inventory and prioritization of potential land to acquire. • Development of park and open space in all communities throughout Black Hawk County— Cities should seek opportunities to build and renovate local parks that help preserve and promote local recreational, cultural, and natural amenities. City parks in smaller communities may also benefit by connecting to county managed parks, trails and recreation areas. Focus Area 2: Improve soil and water quality through promotion and development of urban and rural best management practices and education with emphasis on a watershed scale. • Create and promote filter-strips, buffers, riparian zones and related practices in urban and rural areas- Seek to establish these practices prior to the development of land for urban purposes in order to proactively address soil and water quality. o Along Stream, creeks, rivers, and open bodies of water — To prevent and reduce runoff through infiltration practices in order to improve water quality and reduce stream bank erosion. o Around greenbelts-These environmentally sensitive areas provide habitat and serve as contiguous green space for soil, water and air quality benefits. Greenbelts require protection as a result of the degradation in water quality, along with increased quantity, associated with storm water issues and development problems. Rural and urban land uses can be modified to protect existing greenbelt areas; environmental land use can also be enhanced by the expansion of acreage devoted to greenbelts. o Work with private land owners, the Black Hawk County Conservation Board, and other agencies or nonprofit organizations to purchase easements or establish land areas to serve as buffers along waters for both urban and rural land uses. • Provide incentives for achieving minimum practice procedures which promote soil and water conservation in agricultural areas — Develop and implement farming practices that give land owners incentive to implement these types of practices, which would be linked to Conservation Plans and farm subsidy supports to encourage buffer strips, riparian zones, strip tillage and no till practices. • Discourage marginal farming and the removal of land from the Conservation Reserve Program (CRP) — To combat the pressures that farmers face to maximize tillable acres, provide incentives to discourage the use of marginal areas (steep slopes, proximity to surface water etc.) for intensive row crop plantings. • Permeable paving, swales, and rain gardens o Student demonstration projects (school greenhouse)- One student greenhouse project has been successful at Carver Academy. Additional funding will be sought to start additional programs at other schools in the metropolitan area. 14 o Recognize projects that incorporate best management practices - Explore new - and acknowledge existing - programs and practices to entice rural and urban land owners to recognize and promote infiltration based best practices to control storm water runoff such as rain gardens, bio swales, etc. o Establish a minimal runoff initiative- The cities and county should establish a minimal runoff initiative by utilizing infiltration based practices. Such an initiative would promote infiltration based practices in order to reduce the volume of runoff to storm sewer systems and natural drainage passages. This policy may also create incentives for new development to integrate water infiltration infrastructure as part of new construction or redevelopment. • Create a campaign that ties everything back to land and water o Develop a coordinated initiative among local organizations and stakeholders to educate and mobilize local citizens on issues related to soil and water quality and the importance of watershed management. o Engage various groups to coordinate a consistent message on the importance of watershed management. o Educate rural residents and farmers on programs that prevent groundwater and runoff pollution. The Soil and Water Conservation District provides rural residents with educational brochures describing typical water pollution sources and preventable measures that can be easily accomplished. • Promote alternative energy production and energy efficiency — Alternative forms of energy have been recognized for decades but have recently become a higher priority. Black Hawk County and Cities within it should continue to support efforts to utilize alternate forms of energy where feasible. • Promote the use of the Soil and Water Conservation funds for urban areas— Soil and Water Conservation state cost share funds were approved in 2007 for allocation in urban areas for soil and water conservation practices. The cities within Black Hawk County and the Conservation Board should support these funds in urban areas. • Promote environmental quality and natural resources as economic development incentive - With the assistance of REAP funding, cities and the county would be able to provide economic incentives for businesses that show support for environmental quality or preserving the natural resources that are abundant in Black Hawk County. • Create a countywide Watershed Conservationist Position — Through a joint funding effort by Black Hawk County, Waterloo and Cedar Falls, this position would focus on issues specific to improving water quality and quantity. Currently, this type of work is done by Soil and Water Conservation District staff when possible. By having a dedicated person focus on water quality and quantity issues, proper attention would be given to this important issue to improve the watersheds throughout the county. 15 Focus Area 3: Develop, enhance, and maintain water and land trail opportunities as supported by statewide, regional and local planning initiatives. • Develop Prairie Rapids White Water Park - Located in Cedar Falls, the white water park will utilize many of the planned or existing water features adjacent to Gateway Park on the Cedar River. The new water park will also complement the riverfront projects currently being constructed in downtown Waterloo. • Safety modifications of low head dams - With the increase in water trails along the Cedar River, low-head darns are a safety concern for boaters and water enthusiasts. Making safety modifications to the dams will allow better use of the river and attract more visitors to the area. • Develop a downtown white water course in Waterloo - Several components of the River Renaissance project include water access for paddlers or special dam components for paddlers in anticipation of a white water course through Waterloo. This project, in combination with the other Cedar River amenities, will help make the Waterloo metropolitan area a boating destination for persons of all skill levels. • Create and maintain a water trail along Black Hawk Creek - Creating a water trail along Black Hawk Creek from Hudson to Hope Martin Park would expand the existing water trail system and further emphasize the importance of scenic recreational opportunities. The water trail will most likely include access points, portages, and signage for paddlers. • Develop a water trail along Wolf Creek— Wolf Creek runs through La Porte City to the Cedar River along the Bret Klima Wildlife Area and has potential to be a high- quality water trail for the region. Signage, access points and educational literature would be important enhancements for the creation of this water trail. • Continue to expand and maintain the Black Hawk County regional trail system - Although Black Hawk County currently has an extensive trail network, the cities and County Conservation Board continue to strive to connect the trails and develop new trails in high demand areas. o Cooperate with the greater Cedar Valley Region to expand trail systems— The Cedar Valley Nature Trail spans multiple counties across Iowa. Expanding, paving and maintaining this trail should continue in order to foster regional trail use. Other agencies involved with this significant trail corridor include the East Central Iowa Council of Governments and the county conservation boards of counties in which the trail currently exists, and could expand into. • Complete American Discovery Trail in Black Hawk County - Although the American Discovery Trail is almost entirely complete in Black Hawk County, a small section west of Hudson still needs to be developed. The American Discovery Trail is a nationally recognized recreation trail that stretches across 15 states. Replacement of the two flood damaged bridges spanning the Cedar River at Evansdale and McFarlane Park near La Porte City are critical for the long term success of this trail system. In addition, eight miles of this trail from McFarlane Park to Brandon are crushed 16 • n limestone; paving this section will increase the number of users and reduce maintenance. • Complete trail connections to the Rolling Prairie Trail- In recent years, development of the Rolling Prairie Trail has been spurred by numerous grants made available to Humboldt, Wright, Franklin, Butler, and Bremer Counties. The Regional Trail Plan includes the connection of the Cedar Valley Trails system to the Rolling Prairie Trail via the Highway 218 right-of-way from Waverly to Cedar Falls. When complete, the Trail will provide over 150 miles of non-motorized use between Pocahontas and Fayette counties. • Include handicapped accessibility to future projects where reasonable - Providing outdoor opportunities for persons of all skill levels and abilities is a key objective for Black Hawk County when developing new public establishments. • Connect Big Woods Lake to the Cedar River Water Trail-Planned to complement the Cedar River Water Trail, the connection to the north end of Big Woods Lake would include the construction of a low-head dam, portage, and minimal excavation of Snag Creek if needed. This project would benefit users of both Big Woods Lake and the Cedar River Water Trail. • Connect Shaulis Road Trail to the Cedar Valley Nature Trail - On the South side of Waterloo, Shaulis Road is anticipated to be extended to the east. This new construction will include the continued development of the Shaulis Road Trail. • Expand ATV opportunities - With the assistance of previous grants, the Riverview Recreation Area was developed to include an OHV park. The OHV park has become a large draw for the recreation area, and new OHV park. development will increase the marketability of Black Hawk County as a major ATV destination. • Expand bike trail from Big Woods Lake to Northern Cedar Falls neighborhoods - This section of trail would most likely utilize the shoulder of Lake Street to provide an on-road accommodation. The potential project is consistent with the Cedar Falls Bike Master Plan. Currently, Lake Street does not have sufficient Y shoulders to provide a safe pedestrian route. • Develop and maintain trails with the expansion of new development on the west side of Cedar Falls — New development on the western edges of Cedar Falls should include trail accommodations to serve residents and recreational trail users from connections to the existing trail system, similar to trail accommodations found in the Pinnacle Prairie development. • Develop and maintain trail opportunities in Janesville — The City of Janesville will be growing its trail network within and around the city and is in a key position for linking together regional trail systems in and around Black Hawk County. In addition to new trail systems, the city should expand upon its open space, especially near the Cedar River. • Develop and maintain trail opportunities in La Porte City.—The Cedar Valley Nature Trail passes through the city, and serves as an important access point to this regionally important trail system. Future trail expansions in and around La Porte City are important to the regional trail network. 17 Focus Area 4: Support and Improve: a.) Environmental education b.) Roadside native vegetation opportunities c.) Historic preservation initiatives • Iowater Program - Encourage local citizens and organizations to become involved in the Iowater program. As part of the program local residents will be encouraged to attend Iowater workshops and monitor water quality in their own areas. • Iowa Nature Mapping— Encourage local citizens and organizations to participate in educational initiatives supported by Black Hawk County naturalists such as Iowa Nature Mapping and other formal and non-formal educational programs. • Citizen based river clean up programs - Continue to support volunteer waterway cleanup events such as Project AWARE and the Cedar River Festival Group. These two programs focus on removing physical debris from the Cedar River, and rely on volunteers. Future efforts should target areas of the Cedar River further from the metro area. • Increase watershed awareness through educational and research opportunities — Establish partnerships between Iowa Depaihnent of Natural Resources, University of Northern Iowa, University of Iowa Institute of Hydroscience Research and other interested research institutions to generate scientific data on the Cedar River Watershed. Utilize these partnerships and the results of research to promote awareness of the watershed to citizens and interested groups throughout Black Hawk County. • Create unique visual water quality monitoring to increase awareness and education - Develop area along Cedar River for public to see actual water quality and use gauges to show changes in water quality. As part of an educational component, an area along the Cedar River will be developed to allow visitors to see the changes in water quality over time with water samples taken from the river and gauges showing current contamination. The visuals will allow the public to monitor water quality and allow for more interaction with the quality of the Cedar River. • Litter program/campaign - Keep roadsides and public open spaces clear of unwanted debris to draw new visitors and keep the environment healthy. A litter program would be established to clean up the existing debris and educate citizens on the harmful effects of littering. The Cedar Valley Trails Partnership sponsors an annual trail clean up in April, and is a good example of how to develop new local litter programs. • Support Coordination with schools in Black Hawk County to promote sustainability, conservation, and current skill development— County naturalists, area museums and other non-formal education providers should partner with local schools to promote awareness aimed at making a cleaner natural environment. Programs can be based on established curriculum such as Project WETTM, Project WiIdTM, Project Learning Tree TM, Iowa History and other recognized educational programs. 18 r • Replace outdated equipment for roadside plantings - Much of the roadside planting equipment was purchased in the late 80s or early 90s with REAP assistance and have outlived the useful lifespan. Purchasing new equipment will enable better plantings and greater planting potential. • Integrated Roadside Vegetation Management — Explore possibility of creating a county Roadside Vegetation Manager position through the Black Hawk County Engineering department. Focus Area 5: Expand and improve vertical infrastructure • Hartman Reserve Interpretive Center - Originally built in the early 1940's, the Hartman Reserve Interpretive Center was purchased by the Black Hawk County Conservation Board in 1976. The renovation project will include rebuilding the east • wing to a two story layout and slightly increasing the footprint of the building. The additional space will allow for more exhibit space, a separate meeting room, increased technological abilities, and increased energy efficiency of the Reserve. • Whitewater course infrastructure - In conjunction with the dam improvements in downtown Waterloo, additional whitewater infrastructure below the dam will include obstacles for whitewater enthusiasts. Additional whitewater infrastructure at Gateway Park in Cedar Falls may also be developed as part of future river restoration projects. • Waterloo Boathouse - Phase I of the boathouse renovation recently established a new structure built to withstand flood events similar to levels seen in June 2008. However, another phase of this project is needed and calls for parking lot, shoreline, and general aesthetic improvements to complete the restoration. With the anticipated increase in visitors to the River Renaissance projects and Cedar River, the boating center will be heavily used as an access point. • Cedar Falls Beach house—Destroyed in the floods of 2008, this popular beach house has a rich history linking Cedar Falls residents to the recreational benefits of the Cedar River. Work will include construction of a new building/shelter, and landscaping surrounding the building. • Trail Bridge over the Cedar River at McFarlane Park - The Cedar Valley Nature Trail had its southern connection to Cedar Rapids severed from the 2008 floods which destroyed the two bridges over the Cedar River. Replacement of these trail bridges will restore the missing connection of the Cedar Valley Nature Trail. • Interpretive signage - The metropolitan trail system will eventually connect virtually all of the metro area's natural, cultural and historical attractions, Prairie Pathways was developed to interpret the story of those attractions for both the local and regional audience as well as developing a national audience. The vision for this project is to interpret sites, artifacts, people and events that have shaped the development of metropolitan Black Hawk County. A combination of kiosks, low profile exhibits and public art will be used to tell these stories along the trails. Maintaining and expanding these interpretive signs will benefit the growing trail system of the Cedar Valley. 19 • Maintain and expand lake and river boat launches - Numerous boating amenities exist along riverfronts and lakes in Black Hawk County. These attractions will be . most beneficial if appropriate access is provided via well maintained boat launches throughout Black Hawk County. New boat launches should be built and expanded upon where most appropriate. • Reconstruct the McFarlane Maintenance Shop in a new location outside of the floodplain — During the floods of 2008, this maintenance shop took on eight feet of water. This building, along with a ranger's residence, wells, and pumps need to be rebuilt outside of the floodplain. Future Initiatives Long Term Maintenance: As detailed above, Black Hawk County provides a vast array of natural resources, cultural, and recreational opportunities for the enjoyment of the public. Whether it is the lakes and rivers, miles of trail or museums and the arts, the end result is an enhanced quality of life that all can take pride in. However, maintaining such a system takes a tremendous amount of resources in the form of people and funding. The combination of existing and planned facilities will place a further financial strain on each entity responsible for maintenance. Though there are several federal and state grant programs available for developing new projects, no such funding streams exist for sustaining those projects other than those generated at the local level. To ensure the long term viability of these recreational and cultural amenities, it is appropriate to identify a dedicated source of funds towards their maintenance. Possible solutions may include leveraging more private dollars, utilizing a portion of the one cent local option sales tax, creating a separate sales tax, expansion of the hotel/motel tax or securing funding from the Black Hawk County Gaming Association. It is recognized that this will require extensive education and communication, but it is well worth the effort. Cedar River Initiative: The previous REAP plan detailed the potential of the Cedar River as an economic development and recreational asset to Black Hawk County that is'vastly under-utilized. As a result, the Cedar River Initiative committee formed in 2007 and developed the following mission statement in relation to the river: To increase public use and enjoyment of the Cedar River and its watershed, enhance environmental health, cultural heritage and economic development opportunities of this special resource. This initiative sought input from all entities with a vested interest in the Cedar River and greater Waterloo metropolitan area. The June 2008 floods did not deter the mission of the initiative, and the group continued work on developing strategies to maximize the 20 usefulness of the river as an asset to the community. With the help of the Federal Emergency Management Agency (FEMA) and the Rebuild Iowa Office (RIO) the initiative formed four committees to focus attention on certain attributes of the river: Infrastructure, Water Quality, Marketing and Advocacy, and Special Projects. Currently, the initiative has identified a wide range of goals, objectives, and actions, but has no source of funding. Much of the focus from this initiative relates to the recreational and preservation focus areas outlined in this REAP plan, and identifies REAP as one potential funding source. Cedar River Watershed Coalition: As a result of the widespread devastation from the 2008 floods, a regional effort to raise awareness of the role of the watershed in flooding was created. The Cedar River Watershed Coalition has received the backing of several state legislators and public officials from many cities and counties bordering the Cedar River. This coalition is most concerned with enacting floodplain policies and practices that will reduce damage from future flood events and improve the overall water quality. Ideas stemming from this coalition relate to certain components of the REAP program, but focus mostly on preservation of natural resources instead of recreation and historical efforts. Members of this coalition stretch well beyond the borders of Black Hawk County, making this a truly regional effort to improve the Cedar River watershed. One particular initiative of this coalition is setting a goal of retaining 100,000 acre-feet of surface water throughout the watershed. This goal is consistent with many initiatives identified in the Black Hawk County REAP Plan. Efforts to enhance the Cedar River come at an important time for the general health of the river. In June 2010, the non-profit group American Rivers released its list of the ten most endangered rivers in the U.S. The Cedar River was ranked #5 on the list for the primary reason of having outdated floodplain management practices. Potential solutions offered by this non-profit group include restored wetlands and prairies, less straightening of streams, expanded floodplains, and public purchase of open space near the river. 21 List of Accomplishments from REAP Initiatives: The following projects are a direct result of past REAP initiatives, either through direct REAP funding or as a result of being included in past REAP plans. > Bret Klima Wildlife Area— 177 acre addition > Bruggeman Park on the Wapsi River Greenbelt— 128 acre prairie expansion > Cedar River Initiative > Cedar River included in Project AWARE(2008) > Hiring of a Wildlife Conservationalist to the County Conservation Board > Ice House Museum Restoration > 1?).t1 Woo t— K.t Ca—rY4nc}rz u n d. ➢ Phelps Youth Pavilion > Prairie Pathways Interpretive Signage > River Renaissance Project, including development of Mark's Park ➢ Riverview Recreation Area > Sullivan Brothers Iowa Veterans Museum • Washington Park Restoration > Waterloo Boat House Renovation(Phase I) li 22 Attachment 1 BLACK HAWK COUNTY LAND USE POLICY STATEMENTS The Land Use Policy Statements are general guidelines within which development decisions shall be made. These Statements are not absolutes, nor are they law, however, they should be followed unless unique or mitigating circumstance exist that would make a specific proposal infeasible. Only when said circumstances are proven shall a deviation from these policies be acceptable. 1. It shall be a policy of Black Hawk County that only agricultural uses or those uses incidental to agriculture shall be allowed on prime land. Prime land in Black Hawk County is defined as soil with a Land Evaluation and Site Assessment(LESA) System of two hundred forty-two(242)or above. 2. It shall be a policy of Black Hawlc County to encourage residential, commercial, and industrial development to occur within incorporated areas or to unincorporated areas that have access to municipal utilities. Development in the unincorporated areas of the county shall be directed toward existing areas that have been rezoned for residential, commercial, and industrial uses but are vacant, or to areas identified for such use on the Future Land Use Map. 3. It shall be a policy of Black Hawk County that residential and other non-agricultural uses shall be developed only on land that is capable of supporting them. Criteria used to determine the suitability of soil for residential or other uses will include,but not be limited to, soil and water limitations and major soil features such as soil permeability, subsurface drainage, flooding potential, CSR, shrink-swell capacity, and Land Evaluation (LE) score from the LESA System. Land with a LE score of below 40 ( shall be considered unsuitable for development. 4. It shall be a policy of Black Hawk County to preserve,promote, and maintain a greenbelt system along all river and drainage systems in Black Hawk County as an aid to prevent soil erosion, and to limit development on active floodplains. 5. It shall be a policy of Black Hawk County to promote the development of shelterbelts, soil erosion stabilization methods, and habitat areas and to preserve the natural areas of the county for future generations. 6. It shall be a policy of Black Hawk County to promote the preservation of critical areas of ecological, geological, historical, and environmental significance. This shall be achieved through identifying such areas,informing the public of their significance, and promoting private or public retention or acquisition for the sole purpose of their preservation and protection. 7. It shall be a policy of Black Hawk County to encourage coordination and cooperation between Black Hawk County and the incorporated cities within the county, especially within the two-mile radius around each city where powers and responsibilities are shared. 8. It shall be a policy of Black Hawk County to work with the Natural Resource Conservation Service to encourage individual stewardshipof the soils and to encourage the conservation of the county's soil g ty o resources so that soil losses will-be less than the allowable limits as established by state law. Revised November 2005 - i Attachment 2 Black Hawk County City Parks and Open Space Recipient: City of Cedar Falls FY 2008 Big Woods Lake Campzound $1-50,000 FY 2007 Big Woods Lake Campground, Phase II $150,000 FY 1998 Big Woods Lake Trail-Phase 1 $149,089 FY 2004 Big Woods Lake,West Trail Dev. $100,000 FY 1999 Big Woods Trail-Phase 2 $150,000 FY 2001 Lone Tree Road Trail Extension $120,820 FY 1991 West Lake Phase I Acquisition $150,000 FY 1993 West Lake Phase II Acquisition $110,000 FY 1994 West Lake Phase III Acquisition $129,000 Recipient: City of Dunkerton FY 1999 Channa Park Expansion&Development $44,986 FY 2001 Prairie Remnant Acquisition $6,850 Recipient: City of Evansdale FY 1990 Meyers Lake Acquisition/Enhancement $75,000 FY 1991 Meyers Lake Acquisition/Enhancement $42,700 Recipient: City of Hudson FY 1997 Sergeant Road Trail Extension $74,600 Recipient: City of Waterloo FY 1992 East Lake Trail Development $190,540 FY 1994 Riverside Trail Dev. &Acquisition $189,450 FY 2006 Riverview Recreation Area Enhancements $200,000 Total: $2,033,035 Conservation Education Recipient: Friends of Hartman Reserve - FY 2005 Lions in Iowa.! $32,395 FY 2006 Lions in Iowa! $17,136 FY. 2006 Mussell Restoration $11,243 FY 2008 Salute to Song Birds Exhibit $53,250 Recipient: Friends of Hartman Resevoir FY 2004 Hartman's After School Pro •am $10,775 FY 2004 Lions in Iowa! $21,730 Recipient: Hartman Reserve, Black Hawk CCB FY 1990 Broaden scope of Hartman Reserve Nat Ctr $11,633 Recipient: Iowa Academy of Science - FY 2006 Project WET Workshops $26,626 Recipient: University of Northern Iowa FY 2005 Iowa 3 Rs Initiative $8,463 Page 1 FY 2006 Iowa's Neotropical Birds, Mason City $19,892 FY 2005 Lost Landscape Prairie Project $45,558 FY 2004 Waste Reduction Initiative $14,154 Total: $272,855 County Conservation Recipient: Black Hawk CCB FY 1995 Black Hawk Creek Greenbelt Addition $52,000 FY 1990 Cedar Valley Lake Project Additions $82,100 FY 1991 Cedar Valley Lake Project Additions $60,825 FY 1997 Cedar Valley Lake Project Additions $18,600 1 Recipient: County Special REAP Account FY 1990 Per county allocations $9,086 FY 1991 Per county allocations $12,415 FY 1992 Per county allocations $6,121 FY 1993 Per county allocations $4,917 FY 1994 Per county allocations $4,288 FY 1995 Per county allocations $4,587 FY 1996 Per county allocations $5,527 FY 1997 Per county allocations $6,054 FY 1998 Per county allocations $5,992 FY 1999 Per county allocations $5,785 FY 2000 Per county allocations $6,695 FY 2001 Per county allocations $6,759 FY 2002 Per county allocations $4,680 FY 2003 Per county allocations $183 FY 2004 Per county allocations_ $6,782 FY 2005 Per county allocations $6,705 FY 2006 Per county allocations $7,007 FY 2007 Per county allocations - $6,901 FY 2008 Per county allocations $9,627 FY 2009 Per county allocations $11,130 FY • 1990 Per population allocations $39,515 FY 1991 Per population allocations $56,213 FY 1992 Per population allocations $27,725 FY 1993 Per population allocations $22,340 FY 1994 Per population allocations $20,890 FY 1995 Per population allocations $22,283 FY 1996 Per population allocations $25,935 FY 1997 Per population allocations $28,458 FY 1998 Per population allocations $28,598 FY 1999 Per population allocations $26,479 FY 2000 Per population allocations $30,616 Page 2 FY 2001 Per population allocations $30,918 FY 2002 Per population allocations $20,848 FY 2003 Per population allocations $811 FY 2004 Per population allocations $29,950 FY 2005 Per population allocations $29,817 FY 2006 Per population allocations $31,000 FY 2007 Per population allocations $30,377 FY 2008 Per population allocations $42,216 FY 2009 Per population allocations $49,015 Total: $938,770 Historical Resource Development Recipient: Alan R. Brase FY 1994 Litchfield Country-Residence Restoration $20,000 Recipient: Bennington No. 4 School Bd Of Directors FY 2001 Bennington No. 4 School Restoration $5,000 Recipient: Cedar Falls Historical Society FY 2002 "R"Little Red Schoolhouse Windows $4,668 FY 1992 Archives and Clothing Collections Pres. $8,000 FY 2006 Design Services for the Ice House Museum $3,778 FY 1993 Improved lighting-Ice House Museum $2,805 FY 1990 Little Red Schoolhouse Museum Repairs $2,000 (' FY 2005 Probate and Will Archival Project $4,500 FY 1991 Repairing Ice House $10,000 FY 2004 Victorian Home&Wyth House Mus. Preser $2,239 Recipient: City of La Porte City FY 2009 Fire Station and Jail House Rehab $12,500 FY 2007 Fire Station and Jail Rehabilitation $1.7,449 Recipient: City of La Porte City, FFA Ag Museum FY 2007 FFA Historical and Ag Museum Artifacts $3,732 Recipient: Cultural Division, City of Cedar Falls FY 2005 Pres. the Cedar Falls Art Col.at Hearst $13,586 Recipienf: Dan Tindall FY 2004 - Black Hawk Hotel Renovation Phase 1 $25,500 FY 2005 Black Hawk Hotel Renovation Phase 2 $22,500 . Recipient: Friends of Hartman Reserve FY 1990 Hartman Reserve Nature Center Exhibits $6,667 Recipient: Grout Museum of History and Science FY 1997 "Engine of the Heartland" Exhibit ' $9,000 FY 1990 High Density,Museum Quality Storage $30,000 FY 1995 Industrial Hall Design $8,000 FY 1991 Industrial Hall Permanent Exhibition $35,000 Page 3 • FY 1992 Library Expansion&Consolidation $4,540 FY 1996 Waterloo:Engine of the Heartland Exhibit $14,635 Recipient: H.W. Grout Trust, Waterloo • FY 1993 Collections Management • $12,383. FY 1999 HVAC Study&Monitoring Equipment • $5,750 FY 2000 Restore two historic flags $11,890 Recipient: Hearst Center for the Arts, Cedar Falls FY 1994 Collect poetry works of James Hearst $4,700 FY 1995 Solar window film, update HVAC, storage $4,000 Recipient: Hudson Public Library. FY 1999 Microfilm the Hudson Herald $6,750 Recipient: Rensselaer Russell House Museum FY 1991 Restore&repair house $7,200 FY 1993 Restore Grand Piano $7,704 FY 1998 Window Restoration and Light Control $6,650 Recipient: Resources Plus, Waterloo FY 1995 Install environmental monitoring equip. $2,500 Recipient: University of Northern Iowa FY 2001 Books and Costumes of rural schools $4,484 FY 1991 Interpretation of Iowa Geology&Ornith. $17,000 FY 2007 Mai-shall Center School Window Pres. $4,937 FY 2002 UNI Student Newspaper Preservation $4,500 Recipient: Waterloo Center for.the Arts FY 2007 Grant's Farm $28,500 Recipient: Waterloo Historic Preservation Comm. FY 2006 Waterloo Comp. Hist. Pres. Plan 2006 $25,000 Recipient: Waterloo Museum of Art FY 1996 Collection Conservation Project. $8,000 FY 1993 Develop &renovate collection.storage $10,000 FY 1998 Grant Wood Paintings Conservation $12,162 Recipient: Waterloo Public Library FY 1992 Waterloo City Directories microfilming $5,200 FY 1991 Waterloo Hist. Map &Photo Pres. &Disp. $2,500 Total: $457,909 Land Management Recipient: Cedar River at George Wyth FY 2000 Fish habitat/bank stabilization $37,928 Recipient: George Wyth State Park FY 1994 Access road near existing boat ramp $17,510 FY 1994 Fishing access entrance&parking lot $7,217 FY 2009 Kiosk repair, shower hook-up $8,000 Page 4 • FY 1997 Paving of dump station road &parking $17,354 {` FY 2001 Playground equipment $11,325 FY 1994 Repair water line $5,366 FY 2000 Replace lift station $22,370 FY 1997 Shower and toilet building $141,007 FY 1998 Shower and toilet building $17,942 • FY 2007 Shower building $5,000 FY 2008 Shower room upgrades $5,000 • Total: $296,019 Open Space Recipient: Black Hawk County Treasurer FY 2009 Local property tax reimbursement $1,920 Recipient: George Wyth State Park FY 1998 Trails $1,641 Recipient: WapsipiniconRiver FY 2009 Duroe Tract $158,763 Total: $162,324 Roadside Vegetation Recipient: Black Hawk CCB ' FY 2009 Equipment $1,959 Recipient: Black Hawk County FY 2006 Clear Creek Amana Project $2,265 FY 2007 CSI Inc. DVDs $1,362 FY 2008 Equipment $1,640 FY 2007 GPS/GIS $3,082 FY 2006 Legislated funding _ $37,500 FY 2008 Legislated funding $37,500 FY 2006 LRTF meetings $1,195. FY 2007 Meetings,Communications, Displays $5,735 FY 1992 Seed Propagation $9,773 FY 1991 Seeding equipment $10,000 FY 2006 Signs • $2,499 FY 1991 Special planting $9,324 FY 2006 State Fair $1,994 FY 2007 Training in Erosion and Wetlands $3,240 FY 2007 West Okoboji City Hall and Research $2,641 FY 2006 WSlweb $1;105 Recipient: Black Hawk County Secondary Roads FY 2009 Inventory $2,700 Recipient: City of Cedar Falls • FY 2005 City bike trail prairie enhancement $3,600 Page 5 ( FY 1992 Gateway planting $10,872 FY 1993 Gateway planting $18,415 •FY 1994 Gateway planting $503 FY 1995 Gateway trail $5,089 FY 1996 Greenhill Road enhancement $10,700 FY 1995 Hwy 58 - University Ave. Gateway $2,452 FY 1997 Roadside Enhancement $1,386 FY 1992 Seed Propagation $1,664 FY 2009 Trail planting $2,400 Recipient: City of Hudson • FY 1995 Gateway planting $1,295 Recipient: City of Waterloo FY 2000 Demonstration plantings $5,180 FY 1995 Franklin Neighborhood Gateway $767 Recipient: Hawkeye Community College FY 2009 Demonstrating Sustainability $7,500 Recipient: Iowa Dept. of Transportation FY 1997 Butterfly garden and prairie-Cedar Falls $745 FY 1994 Hwy 218 at Waterloo-Gateway enhancernen $725 Recipient: University of Northern Iowa FY 2009 Ecotype project $27,985 FY 2005 Education materials $10,889 FY. 2005 Education materials $2,759 FY 2005 Fire Training $5,346 FY 2005 Legislated funding $75,000 FY 2009 Legislated Funding $45,000 FY 2009 Professional Development Workshops $3,600 FY 2009 Raymond Outcrop prairie restoration $2,786 FY 2009 Research $13,156 FY 2009 Research $13,740 FY 2009 Research $13,869 FY 2009 Roadside Conference $72,000 FY 2005 Roadside Conference 2005 $6,480 FY 2009 Root research of native plants $15,000 FY 1992 Seed Propagation $4,350 FY 2009 Teacher training, Wet prairie $29,995 FY 2009 UNI Roadside Program $12,000 Recipient: Waterloo/UNI Grout Museum FY 2001 Gateway planting $4,709 Total: $567,471 Page 6 Soil and Water Enhancement Recipient: Soil and Water Conservation District FY 1990 Allocations for practices $3,601 FY 1991 Allocations for practices $5,688 FY 1992 Allocations for practices $5,393 FY 1993 Allocations for practices $5,261 FY 1994 Allocations for practices $13,799 FY 1995 Allocations for practices $3,874 FY 1996 Allocations for practices $7,349 . FY 1997 Allocations for practices $5,615 FY 1998 Allocations for practices $2,661 FY 1999 Allocations for practices $4,532 FY 2000 Allocations for practices $1,875 FY 2001 Allocations for practices $2,983 FY 2002 Allocations for practices $5,481 FY 2003 Allocations for practices $698 FY 2004 Allocations for practices $7,968 FY 2005 Allocations for practices $7,940 FY 2006 Allocations for practices $8,041 FY. 2007 Allocations for practices. $7,370 FY 2008 Allocations for practices $13,653 FY 2009 Allocations for practices $11,978 FY 2009 Dry Run-Creek Water Protection $44,131 FY 1992 Forestry&native vegetation $1,523 FY 1993 Forestry&native vegetation $1,136 FY 1994 Forestry&native vegetation $5,704 FY 1995 Forestry&native vegetation $1,400 FY 1996 Forestry&native vegetation $1,908 FY 1998 Forestry&native vegetation $1,299 FY 2000 Forestry&native vegetation $1,811 FY 2001 Forestry&native vegetation $1,610 FY 2004 Forestry&native vegetation $1,992 FY 2005 Forestry&native vegetation $1,985 FY 2006 Forestry&native vegetation $2,010 FY 2007 Forestry&native vegetation $3,741 FY 2008 Forestry&native vegetation $3,576 FY 2009 Forestry&native vegetation $3,997 Total: $203,583 Total REAP Allocations in Black Ilawk County $4,931,966 Page 7 . . • Attachment 3 Iowa Northland Regional Trail Plan ,_ 1ALTA VISTA , . i \ ; , al LEGEND NORTH WASHINGTON.; .„ .. . . I --I COUNTIES BASSETT '; NEW HAMPT 1_ ON --'''' ._ .,._... L LAWLER '-'--1 t.j— . Ao, IONIA.----/ \i,p • i -- • I tl a...a.... Major Roads ; C H liC KA 9 AW Trails i I .L. a Existing Trail,)J. FREDERICKSBURG a., aa Existing Paved Shoulder ' NASHUA ; .. ,,t ;Programmed Trail(Construction Pending) ) !!!,•-!=-, Planned Tend i ...• ' 'Accommodni ion Type lo Le Deiemtined 1 ) 2/OREENE 1_ FREDERIKA BUTLER '--.. -. AI PLNFIELD ,--!SUMNER r.• ' --- s 7 --. -• --- ! AREDA LE . i 1 ! , • 6 . DUMONT E3REME 1 ,TRIPOLI i i ! I . I ' CLARKSVILLE lil I— '- . BRISTOW , ' r ............. !ALLISON . I ! /' R I '1WAVERLY I 4-L....... 1 C‘.- E3 I ', JAN YILLE 'ETENVER READLYN\\ _I/ ,- FAIRBANK STANLEY - --41-$-•, ''-'—a---jr---- •-•-r-- A u FiErreA r I I ( LA ' • LAMONT / APLINGTON I PARKERSBURG ./ / ! _ Ji --- - II..).8--:‘- NEW NOTFORD J, } i I 4 - -'DUNKERTON I r-I r ,.:, _ WATERLOO / ‘,. BUCHAINA ! ---, CE I .f. GRUNDY . FALLS. ',- , ELK RUN HEIGHTS lErSth! !i INDEPEND Is , ..,) -.1 WINTHROP , 1 1 - . ' t __ 'DIKE _ ..".. , -!.J / ...1.:7,...-7)RAYMOND-- --,--1----7-t 1 i •....._ kr- t - ).... 1,_WELLSBURG -r L DSON '-'''' r'GIL/-RTVILLE L-- ‘k.„ GRUNDY CENTER I 1 ; I - ! I ROWLEY I MORRISON- ' REINBECK LA PORTE CITY ''` RANDON 1- 1 ; —_-_--- ..._....... I CON p 1 N 4(7t ©(July 2010)Iowa Northland Regional Council of Governments Please cat 319-235-0311 to obtain permission for use. 0 2.5 5=10 WE-.--.0.-E mason Miles -,-- e S Z I U a.+ cd Y Y 5 r. 8 g *i 1 k• 'Li/ i , -i 1, (fi 8 ' .....'47::'1-1-'..-‘'4/9 W p :' r.ilt. 1 'tidt0 ' .'-ii (..,- cd r 4. I Y cad ;i-il a 4i I g IC p A u t I S - 2 m^ W 2 e a p C o .1 i y' V` o. c$ fa .44 I "`§u' Z 4 sP o„ R" vL O n6 a,..., of I cE -C- ' W e 2 • a y z„E F -d 4 � _ 412 = a o f B c • . �� T y '( { S j. f S i e �IUCICCVT f, l .e aI . e ,x i ` F }r !' './ 1-prgt�'.kx: �Grl�l�� v� p'� v �11.. III . 'k x 3i i' h°'a• s; i r3 n .. C �. I III , 4Cd ,-. P s3 `fi 1r-- - �'— Ano 77 sr j x p Y ie :e ��' o�,� 'l r 5 `< I a o �llll ° I' E :sr, G+l� l: i 1 ip =s'.11ee 9 Oil xi F Apr - Z A' t -ILL, n t�yr; Sv: ` .iiyfr. I,,1 11 1 i a '\ G-(� ■ .777E 1 . y a i. .� �. IINg 1 � 4. , r ae2�r--. 11 ° _ Ee �{u i ', 1 11 t'k ate:- \.. p.: d, 1_r I I ` ,S l ,_ F .. I •r :• a a. 'X."1 4z : Attachment 6 Black Hawk County Watersheds , Shell Rock River- Dry Creek Cedar River- Quarter Section Run Little Wasipinicon -3«�, a - ,t`7�,,,�:—-c r•; s 1 -r � .- rc-"8w ver pis r Janesle ®uartei Section Run 3 i LoweFo .,,a` ` °'arr:t -'6' r Crane Creek' Cec ar�R ver ,, ", : -ii - . Wapsipinicon Riven ° k X �y, `,y�, 3 � �� .'v • aye w-Y .��`.rt �- ,�,o -:,4; 4-4 - y' .c,. # , i ,ark ,,, hf f, `� e Cr,ne ! 7® �" 1 ' �r �.,e +� ql?Ai �g ;env y r '^ ` , 'a l ai"�,` s .,.- "°,. .mow.. 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The City of Cedar Falls will redevelop Washington Park with a $150,000 City Parks and Open Spaces Grant to be used on Shelters, Roadways, Playground equipment, and other amenities. The City of Waterloo will add improvements to the passive unit of the Riverview Recreation Area, which includes two fishing jetties, a trail extension, and a permanent restroom. Total REAP funding for this project is $172,902. Conservation Education: The Hartman Reserve Nature Center was awarded a $16,453 grant for the Salute to Songbirds project. This project supports a traveling exhibit meant to educate more Iowans about the plight of migratory songbirds. The Iowa Academy of Science was awarded a $21,961 grant for the Leading Authentic Place-based Student Investigations: Water project. This project will develop and implement a pilot session of a new graduate level course for upper elementary and middle school in-service teachers. Course participants will engage their students in course activities while participating in a 12-week distance learning workshop. Each participant will develop and pilot a place-based water student investigation unit. The Iowa Academy of Science was awarded a $8,764 grant for the Iowa WET Pre-service workshops project. This project will provide environmental education workshops for 150 pre-service..using the Project Water Education for Teachers (WET)curriculum and activity guide. The University of Northern Iowa Center for Energy & Environmental Education received a $44,980 grant for the Rain, Runoff and Rivers: Understanding Watersheds project. This project will plan and implement three workshops to improve educators' teaching skills and knowledge about the underlying causes of the flooding problem. The goal is for 72 Iowa educators to participate in workshops and updates. The University of Northern Iowa Center for Energy & Environmental Education received a$32,957 grant for the Green Holidays project. This project will develop an initiative to research best environmental holiday and celebration practices and resources, then work with partners to develop Iowa-specific practices. This will create a pilot for Green Holidays to be shared across Iowa with about 15.0 trainers. • 4 { The University of Northern Iowa Center for Energy & Environmental Education received a $28,573 Conservation Education Program grant for the multi year Waste, Lifecycles and Conservation Teacher Training Initiative project. This project will introduce conservation education lesson plans to an estimated 600- 700 K-12 educators through conferences and meetings and will offer three Waste Reduction: Addressing the Overlooked"R"graduate courses to 80-85 teachers. The University of Northern Iowa Center for Energy & Environmental Education received a $30,000 contract to assist and monitor the implementation of REAP CEP grants. This contract will assist and monitor the implementation of CEP grants with a goal of assuring they are completed as approved by the CEP Board. The project will also assist grantees in determination and reporting of grant outputs and outcomes, and facilitate the marketing of CEP grant results to other educators who could benefit from them and to other audiences who should know about the work of the CEP Board. County Conservation: Black Hawk County anticipates no County Conservation funds in FY 2011 DNR Land Management: Black Hawk County is anticipating no DNR Land Management Funds in FY 2011. DNR Open Space Acquisition and Development: Black Hawk County is anticipating no DNR Open Space Acquisition and Development Funds in FY 2011. Historical Resource Development Program: No Historical Resource Development Program funds are anticipated for Black Hawk County in FY 2011. Roadside Vegetation: The Black Hawk County Conservation Board is anticipating no Roadside Vegetation Funds in FY 2011. The Iowa Roadside Vegetation Management (IRVM) office at the University of Northern Iowa (UNI) receives an annual allocation and additional grants each year from the Living Roadway Trust Fund—53% of which comes from the IRVM portion of REAP. Current projects through the IRVM include: o $75,000 to administer the state office for IRVM o $13,824 for the annual roadside conference o $8,748 for professional development opportunities for county roadside managers o $20,149 to supplement the IRVM office fund -includes salary, travel, materials printing&distribution etc. o $46,330 for the Iowa Ecotype Project o $8,937 for the NAPC proceedings o $13,990 for seeding Prairie Lakes Total: $186,978 Of this total, 53% is directly from REAP, which totals $99,098. The University of Northern Iowa Center for Energy & Environmental Education received a $25,889 grant for the Rain etc. project from the Living Roadway Trust Fund,which is a continuation from a FY 2010 grant award. The Department of Biology at the University of Northern Iowa received money from the Living Roadway Trust Fund for two projects, which total $19,673 in money from REAP. Soil and Water Enhancement: The Black Hawk Soil and Water Conservation District (SWCD) is anticipating $9,827.53 in REAP funding. Of this, $2,533.50 will be obligated for urban best management practices. The remaining $7,294.03 will likely be used for best management practices outside of the Dry Run Creek Watershed using a roughly 50% cost share per practice. CITY OF WATERLOO Council Communication City Council Meeting: 5/2/11 7 t 9 It Prepared: 4/26/11 l/ Dept. Head Signature:( 1::-e # of Attachments: SUBJECT: Purchase of 2011 Track Loader&Attachments Submitted by: JB Bolger-Golf& Downtown Area Maintenance Manager Recommended City Council Action Preliminarily approve the plans, specifications, etc. and taking of bids, and set the date of hearing and bid opening as May 16`h, 2011. Summary Statement This piece of equipment will be utilized to maintain all Leisure Services parks and properties. Expenditure Required TBD Source of Funds General Obligation Bond Funds for Off Road Equipment-Parks Policy Issue N/A Alternative N/A Background Information: N/A CITY OF WATERLOO LEISURE SERVICES 1101 CAMPBELL AVE WATERLOO IA 50701 GENERAL INSTRUCTIONS, REQUIREMENTS AND SPECIFICATIONS ONE (1) NEW 2011 COMPACT TRACK LOADER WITH ATTACHMENTS BID REQUEST Bid documents for One (1) New 2011 Compact Track Loader with Attachments ready for use by the City of Waterloo, Iowa. INSTRUCTIONS TO BIDDERS BID DEADLINE DATE: 12:00 NOON - MONDAY, May 16, 2011 The City of Waterloo, Iowa, is seeking competitive bids on the mowers described in the enclosed Specifications. All bids are to be submitted to the City Clerk's Office located at 715 Mulberry Street, Waterloo, Iowa, 50703, in a sealed envelope. When submitting bid, please note on the lower, left-hand corner of envelope: ➢ 2011 COMPACT TRACK LOADER All bids must meet or exceed the Specifications provided. Bids that do not meet or exceed the Specifications will be rejected. All bid prices are recognized by the City and the Bidder to be valid irrevocably for a minimum of sixty (60) days from the calendar date of the Bid Opening. Standard procedure dictates that the City of Waterloo will accept the lowest responsive, responsible bid. However, the Bidder understands that the City reserves the right to reject any bid that is either considered not to be responsive or not most advantageous to the City. The City will normally award the purchase contract to the responsible Bidder who meets or exceeds the minimum specifications provided. The City of Waterloo, Iowa, reserves the right to accept or reject any and all bids. If applicable, the Bidder guarantees that Title conveyed for the goods shall be delivered free from security interest or other lien or encumbrance. The Bid Price given shall be the complete price for unit or units meeting specifications provided. This price shall include all discounts, freight and/or transportation costs necessary to supply the vehicles in accordance with the Specifications and to the final destination at 1101 Campbell Avenue, Waterloo, Iowa. Certain units or equipment items may be listed as trade-ins for specified purchases. The trade-in values are to be specifically listed as indicated in the proposal documents. The city reserves the right to purchase the units with or without the trade-ins. INSTRUCTIONS TO BIDDERS PAGE TWO Certain units may have special warranty provisions, maintenance provisions, or buy- back guarantees. These will be listed in the individual specifications. The Bidder is cautioned to review these carefully and complete the bid proposal accordingly. Specific questions may be addressed to: JB Bolger Golf Manager, Waterloo Leisure Services, 1101 Campbell Avenue, Waterloo, Iowa 50701, (319) 291-4370. The Bidder must have and maintain inventory of repair parts as well as have experienced service personnel for this equipment. The Bidder shall certify by the act of signing and submitting his/her bid that all items and service delivered hereunder shall comply with the Federal Occupation Safety and Health Act of 1960 as amended and applicable. BID DEADLINE: Bids will be received until 12:00 Noon, local time on Monday, May 16, 2011. Bids will be publicly opened May 16, 2011, at the 5:30 p.m. City Council meeting. THE CITY RESERVES THE RIGHT TO REJECT ANY AND/OR ALL BIDS. SPECIFICATIONS ONE (1) NEW 2011 John Deere 333D COMPACT TRACK LOADER WITH ATTACHMENTS The undersigned hereby proposes to furnish the following equipment f.o.b. Waterloo, IA, ready for immediate use with all necessary parts and accessories needed for its operation as specified below. Dealer must list any deviation from specifications given. Loader Specs: Code 0975 E-H joystick controls w/ attachment control and E-H performance package 2600 Wide rubber tracks- 17.7 inch 3003 High flow hydraulics and hydraulic self leveling 4001 2 Inch seatbelt w/shoulder harness 5001 Power Quik-Tatch 5205 Cab enclosure w/ heat, defrost, air-conditioning, and severe duty door. 6002 Air suspension seat (Cloth) 6501 Reversing fan drive 6800 Horn 8040 Backup alarm 8050 Cold start package 8340 Radio, AM/FM w/ aux input 8370 HD Louvered grille (D-Series) 9062 84 inch HD construction bucket (21.0 cu. ft.) w/ edge AT348483 Strobe light, amber + Guard for strobe light, hazard flashers & horn: 705322 AT372947 Lift cylinder hose guards AT372948 Auxiliary hydraulic line quick coupler guard AT372949 Operator window/ side window guards AT372945 Exaust hood opening seal (D-Series) AT372955 Front work lights and rear hood light guards (D-Series) AT372946 Level II FOPS Plate (D-Series) AT372950 Toe guard and door upgrade kit (D-Series) AT397455 Rear deflectors w/ bumper AT347135 84 Inch tooth bar for BOCE-9 teeth Operators, technical, and parts manuals Safety video Attachments: John Deere Worksite Pro MH60 Mulching Head- 8930T 1001 Front mulching trap door AT348477 Attachment control (with E-H joystick controls) (D-Series) John Deere Worksite Pro 48 Inch Heavy Duty Rail Pallet Forks- 1570T John Deere Worksite Pro SB72H Snow Blower- High Flow- 9550T 1001 Control box and harness TRADE IN EQUIPMENT Loftness Snow Blower Model Year 1999 72 Inch Width Model Number: 721 E5EB Serial Number: 22-QH-00 CITY OF WATERLOO BID FORM ONE (1) NEW 2011 JOHN DEERE 333D COMPACT TRACK LOADER WITH ATTACHMENTS COMPLETE Our bid for one (1) new 2011 John Deere 333D Compact Track Loader with Attachments meeting the specifications as previously stated in these bid documents, delivered F.O.B. to Leisure Services, 1101 Campbell Avenue, Waterloo, Iowa, ready for use by the City of Waterloo: Trade value on used Loftness snow blower attachment: If awarded the contract, we agree to deliver the equipment to the City of Waterloo within 90 calendar days from the date the contract is awarded. Failure to deliver to the City of Waterloo on or before the designated date shall result in a penalty at a daily rate of $50.00 per working day until delivery is made. We understand that this quotation will be reviewed by the Leisure Services Golf Manager and the Waterloo City Council for the purpose of securing the equipment at the most favorable cost. Life Cycle Analysis will be used when appropriate. Factors such as service location and availability, warranty, maintenance records and vendor's past performance records will be considered where applicable. Bidder Company Name Address City State Zip Code Contact Person Signature Date Phone Fax _��- '�i�. CITY OF WATERLOO , IOWA /�1�11 pw 'ter,r� CITY HALL � �'�� 715 MULBERRY STREET 50703 �rer)DO \�� Today's Date: April 6th, 2011 Effective Date: April 8th, 2011 Employment Date: July 1, 2010 To: City Council Members Re: Notice of Severance Department Central Garage Job Title/Classification Administrative Secretary This is to report that the employment of Michelle Olsson with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes Resigned E Termination ❑ Other In accordance with City Policy,it is requested to allow payment which consists of the following: Benefits Total Hours (x)Hourly Rate Total Payout Vacation-Accrued 15 $ 18.81 $ 282.15 Vacation-Current 13.5 $ 18.81 $ 253.94 Usable Sick Leave 41.9 $ 18.81 (x)25% $ 197.03 Frozen Sick Leave (x)_% $ - Personal Hours 1.9 $ 18.81 $ 35.74 Comp Time Pay $ - Unscheduled Leave $ - Other Pay $ Total Payment $ 768.86 Comments: Approved by Date �-- ZC "-// Human Resources Date • :/ /, Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk(Copy in Personnel File) Clerk's Office will forward approved form to Department Updated 7/20/10 Council Agenda Date: k ❑ AS/400 Status/Accruals ❑ 1-9 N f i NORTHEAST IOWA RESPONSE GROUP R 425 East Third Waterloo, Iowa 50703 Phone 800-291-4682 • Fax 319-291-4285 email: hmrtc@waterloo-ia.org Allamakee Black Hawk Bremer Butler Chickasaw Grundy Northeast Iowa Response Group Hardin Howard Meeting Minutes Poweshiek March 3, 2011 Tama Winneshiek Mike Jenn Waterloo Fire Rescue Jim Johnson Hardin County Lyle Jeske Hardin County Lode Glover Black Hawk County EMA Josh Heller WFR Chris Heerkes Grundy County EMA Ken Rasing Chickasaw County EMA Barbara Smith Grundy County Tim Neil Bremer County Mike Schipper WFR Roger Carr WFR/RTC Kendall Jordan Tama County Julie Vokoun Tama County EMA Dan Trelka Waterloo Public Safety Meeting called to order at 1:00 p.m. Roll Call taken. Motion made by Ken Rasing, seconded by Tim Neil to approve the minutes of the last meeting. Motion Carried. Motion made by Tim Neil, seconded by Mike Jenn to accept the Treasurer's Report. Motion Carried. Request by Jim Johnson to amend the agenda to include Census Data under new business. Motion made by Kendall Jordan to approve the amended agenda, seconded by Mike Jenn. Motion Carried. Northeast Iowa Response Group Page 2 — Meeting Minutes March 3, 2011 The next meeting of the Northeast Iowa Response Group will be at 1:00 p.m. at the Hazardous Materials Regional Training Center, 1925 Newell Street, Waterloo, IA on May 5, 2011. Submission of bills for payment: US Cellular 35.18; Menards 53.96; and Midwest Safety Counselors 220.00. Motion made by Barb Smith, seconded by Mike Jenn to approve bills for payment. Motion Carried. Unfinished Business 1. Training Update — Classes are being taught. Some counties still have some open slots if they want to use them. 2. Equipment Update — Chargers are mounted. New Business 4. Census — Jim Johnson explained to the group how the outcome of the 2010 census would impact the Response Group. While some counties dropped population others increased leaving the Group with an increased population and an increase in funding of approximately $350.00. 1. Changes at Waterloo Fire — Chief Dan Trelka, Waterloo Public Safety Director explained to the group that the City is currently searching for a Chief of Fire Services. There will not be a cross over between police and firefighters. He expects things to start to settle in around March 18th which is when they hope to have the Chief of Fire Services hired. 2. No incidents for the Team. Homeland Security to report haz mat incidents NIFRS should be filled out accordingly in order to report. 3. Equipment — Scheduled maintenance and replacement sheet is the only real needs for the team at this time. Motion made by Tim Neil, seconded by Ken Rasing to approve replacement items at the cost of$5210.95. Motion Carried. Request made by Roger Carr to send Josh Heller to a 4 days class with the Iowa WMD Special Team Integration Training at Camp Dodge — Northeast Iowa Response Group Page 3 — Meeting Minutes March 3, 2011 March 28-3, 2011. Motion made by Ken Rasing to allow attendance with a cost of up to $250.00. Seconded by Mike Jenn. Motion Carried. Conferences — Mike Schipper brought back information in regard to two conferences that are being held soon. The first is the Midwest Haz Mat Response Conference in Chicago. Registrations are due March 15, 2011. In order to send two people to this conference it would cost $880.00. The second conference is the International Haz Mat Conference in Baltimore, MD May 18-27, 2011. Registration deadline is April 18, 2011 . Cost for two people would be $2048.00 Motion made by Mike Jenn, seconded by Tim Neil to approve sending two team members to each conference (if there is interest) at a cost not to exceed $880.00 for Chicago and $2048 for Baltimore. Motion Carried Training at Logan Middle School with the 71st on March 16. Need contacts from the EMA's for the alcohol plant walk throughs discussed earlier. Motion made by Tim Neil to adjourn the meeting. Seconded by Mike Jenn. Motion Carried. Meeting adjourned at 1:40 pm. 295 At the regular meeting of the Board of Waterloo Water Works Trustees, held Wednesday, April 20, 2011, there were present Terry M. Kuntz, Chairman; Rodger Burris, Vice-Chairman; and Mary H. Potter, Trustee. Also in attendance: Ron Welper, Waterloo City Council Member, Steve Scharfenberg, Assistant General Manager, and Dennis Clark, General Manager and Secretary. Chairman Terry Kuntz called the meeting to order at 8:00 a.m. The Board approved to adopt the agenda. Greg Eyerly, Water Program Manager with HDR Engineering of Cedar Rapids, Iowa, introduced himself to the Board of Trustees. The minutes of the regular meeting of March 16, 2011 were approved as read. Upon motion, unanimously passed, the following Bills Resolution was adopted. BE IT RESOLVED BY THE BOARD OF WATER WORKS TRUSTEES OF THE CITY OF WATERLOO, IOWA: That the bills listed below for which warrants against the funds designated, have been issued in payment, are found to be correct, and the acts of the Secretary in issuing and delivering said warrants are hereby ratified and approved. MARCH 31, 2011 GENERAL FUND 43939 ABM Janitorial Janitorial services 1,041.50 43940 Assurant Employee Benefits Dental & disability insurance 6,749.66 43941 Black Hawk County Map upgrades 45.75 Treasurer, MIS 43942 Dennis Clark Reimbursement for air fair to attend 620.40 AWWA Conference in Washington DC 43943 Crescent Electric Supply Fuses for main panel at well #12 205.95 43944 Frickson Bros. Excavating Repaired water service line at 1,842.40 232 Edwards 43945 Iowa Public Employees IPERS for 11 employees 5,169.65 Retirement System 43946 IWI Motor Parts Spray oil and headlight for unit #34 58.96 43947 Johnstone Supply Tubing for chlorine analyzer at well #19 22.25 43948 Locksperts, Inc. Repaired two door locks in office 55.00 43949 Chuck E. Halligam M. D. & U. D. refund 105.00 43950 Scarbrough Rentals Overpayment on final bill 95.12 43951 Anthony Sallis M. D. & U. D. refund 58.69 43952 Jesse Cosby Neighborhood M. D. refund 5.35 Center 43953 St. Vincent DePaul U. D. refund 46.05 43954 Alluia Lucas M. D. & U. D. refund 21.39 43955 Bob Zaputil 54.24 43956 Jerry Schares 76.00 43957 Miriam Jacobsen 15.08 43958 Michelle Sampels 60.50 43959 Lemekia Young 9.88 43960 Emily Tiedt " " " " 31.69 43961 Lance & Olivia Chestnut 28.69 43962 Andrew Wenthold " it " " 27.79 43963 MidAmerican Energy Co. Gas, power and electric 29,782.44 43964 Qwest Service 318.24 43965 Rochester Armored Car Co. Armored car service 234.76 43966 Charles Schwab Institutional Employer contribution to pension fund 31,791.67 43967 Secretary of State Notary renewal, M. Ratkovich 30.00 43968 Service Roofing Co. New roof at well #14 10,808.00 296 43969 Storey Kenworthy Paper, Post-it notes, typewriter ribbon, 309.14 paper clips, rubber bands and desk filing trays 43970 Waterloo Implement, Inc. Walk behind sidewalk salt spreader 438.00 EFT Treasurer, State of Iowa State withholding tax 6,795.00 EFT State of Iowa Treasurer Sales tax 14,960.62 43971 Collection Services Center Authorized payroll deduction for 370.53 child support 43972 Cedar Valley United Way Authorized payroll deduction for 125.00 United Way 43973 ING Life Insurance Authorized payroll deduction for 3,087.00 deferred compensation 43974 Lincoln Financial Group Authorized payroll deduction for 40.00 deferred compensation 43975 Public Employees Credit Authorized payroll deduction for 3,207.00 Union credit union 43976 Charles Schwab Institutional Authorized payroll deduction for 1,352.54 employee pension contribution EFT US Department of Treasurer Federal withholding tax 18,140.48 43977 Acco Unlimited Chlorine and HFS 5,916.10 43978 Advanced Systems, Inc. Maintenance contract for copying 168.24 machine 43979 Sam Annis & Company Replacement parts for propane torch 63.47 43980 Aspro, Inc. Cold mix 1,895.36 43981 Black Hawk Waste Disposal Waste disposal 94.00 43982 BMC Aggregates, L.C. Fill sand and roadstone 307.01 43983 The CBE Group, Inc. Collection fee 109.45 43984 Dennis Clark Reimbursement for fuel to attend 39.54 meeting in Des Moines 43985 Frickson Backhoe & Killed and plugged at main two 1,600.00 Trucking service lines on Sumner Street 43986 Iowa Association of Annual dues 1,304.17 Municipal Utilities 43987 Iowa Department of Natural Operator certification certificate, 40.00 Resources J. Hanson 43988 Iowa Groundwater Assoc. Annual membership dues 30.00 43989 Steve Kerns Reimbursement for cell phone 50.00 43990 Kwik Trip, Inc. Fuel for vehicles 4,321.60 43991 Brandon Johnson M. D. & U. S. refund 105.00 43992 Amanda Burch 24.65 43993 John K. Simons 105.00 43994 Mack Henderson 65.50 43995 Barb Mahan 74.12 43996 Kathleen Faichney " " It if 75.00 43997 Menard's Kitchen supplies, garbage bags, fast 86.33 set concrete mix and foam crack filler 43998 Ray Mount Wrecker Service Towed truck unit#17 and oil dry 75.00 43999 Northland Products Co. Oil for power units 57.17 44000 Northway Well & Pump Co. Reinstalled pump and motor at 3,075.00 well #12 44001 One Call Battery for Stanley power unit on 115.70 unit #18 44002 Outdoor & More Starter motor for hydraulic power unit 163.15 44003 PDCM Insurance Commercial, commercial auto, 8,531.48 commercial umbrella and workers compensation insurance 44004 Radio Communications Speaker and battery for unit #19, 259.75 April access fee and pager rental 44005 Tim Robbins Reimbursement for cell phone 50.00 44006 Scot's Supply Nuts and bolts for new meter sets 128.30 44007 Sensus Metering Systems 6" Omni meter and 10" measuring 7,341.74 chamber 44008 Service Signing, L.C. Traffic control on W. Ridgeway and 500.00 Prospect Boulevard 297 44009 Van Meter Industrial, Inc. Fuses for electrical cabinet at well #12 290.69 44010 Van Wert, Inc. Meter reading service 550.80 44011 The Courier Legal ad 67.27 44012 Rick Wilberding Reimbursement for cell phone 50.00 44013 All Star Plumbing & Heating Repaired water service line at 2775 6,643.94 Logan Avenue 44014 Andrews Auto Supply Wiper blades for unit #2 13.60 44015 Aramark Uniform Services Towel service 244.12 44016 Black Hawk County Auditor Water and sewer bond fees 7,459.53 44017 Black Hawk County Data processing for February 5,759.53 Treasurer, MIS 44018 BMC Aggregates, L.C. Fill sand and roadstone 319.46 44019 Bright & Clear Solutions Overpayment on invoice 2.30 43020 Campbell Supply Cloth rags and drill bits 117.39 43021 City of Raymond Water bond, sewer & garbage fees 10,248.04 43022 City of Waterloo City service fees 934,685.26 43023 Community National Bank Bank charges for February 331.23 43024 Cedar Valley Lawn Care Overpayment on invoice 8.47 43025 Deangalo Brothers, Inc. Overpayment on invoice 5.00 43026 Greater Cedar Valley Customer service seminar for two 40.00 Alliance employees 43027 Instrument Control System Maintenance on SCADA system at 1,250.00 pumping station 43028 IWI Motor Parts Rear shocks for unit #10 86.58 43029 JLC Management, LLC Overpayment on invoice 28.00 43030 Travis Larson Reimbursement for the purchase of 49.18 antifreeze for well #19 motor 43031 Leisure Services Reimbursement for Crescent Electric 37.52 invoice paid in error 44032 Ann M. Williams M. D. & U. D. refund 100.04 44033 Darnelle Cooper 18.63 44034 Mardra Galloway it " If 17.91 44035 Jodi L. Thein " " CC8.12 44036 Juan Quintana " " f tt50.71 44037 Connor J. Larson " 11.38 44038 Duncan Christensen " " " It 8.25 44039 Glen Beaman It " " " 105.00 44040 Menard's Supplies for chlorine analyzer at well 121.94 #19, batteries, threaded rods, hex nuts, washers, pipe thread stick & socket set 44041 Metro Investments, Inc. Overpayment on invoice 17.20 44042 Office Concepts, Ltd. Envelopes 608.00 44043 Joseph G. Pollard Co. Pave box plugs and plug remover tool 710.93 44044 Sensus Metering Systems New touchreader 331.20 44045 Sparling Instruments, LLC Rebuilt flow meter at well #16 1,273.15 44046 Swisher & Cohrt, P.L.C. Legal services 481.00 44047 TestAmerica Laboratories Water sampling 40.00 44048 USABlueBook Wrench and flange jacks for meter 552.98 change outs 44049 The Courier Legal ad 16.49 44050 Westrum Leak Detection Assisted with leak detection at 492.50 W. 3rd & Kimball 44051 Waterloo Water Works City service fees and reimbursed 9,597.35 petty cash for postage, copies, terminal connectors, light bulb for unit #20 and invoice payments EFT State of Iowa Treasurer Sales tax 13,000.00 44052 Bill Colwell Ford, Inc. New 2011 Ford F150 pickup to 13,055.00 replace damaged unit#17 44053 Collection Services Center Authorized payroll deduction for 370.53 child support 44054 ING Life Insurance Authorized payroll deduction for 3,087.00 deferred compensation 298 44055 Lincoln Financial Group Authorized payroll deduction for 40.00 deferred compensation 44056 Public Employees Credit Authorized payroll deduction for 3,207.00 Union credit union 44057 Charles Schwab Institutional Authorized payroll deduction for 1,352.54 employee pension contribution 44058 Teamsters Local Union Authorized payroll deduction for 684.00 #238 union dues EFT US Department of Treasurer Federal withholding tax 17,631.60 44059 AECOM Engineering services for Highway 63 13,269.43 Water Main Reconstruction and Third Street River Crossing Projects 44060 Bergen Plumbing, Heating Repaired water service line at 1,943.40 & Cooling 405 Center Street 44061 Crescent Electric Supply Fluorescent light bulbs 67.32 44062 Dex East Advertisement in phone book 34.15 44063 Fifth Street Tire, Inc. Repaired rear brakes on unit#12 504.47 44064 Frickson Backhoe & Repaired water service line at 2,665.00 Trucking 426 Sumner Street 44065 Gierke-Robinson Co. Saw blades and hose adapter 116.32 44066 Hogan & Hansen Payroll services 341.70 44067 Iowa One Call One call service 176.40 44068 Keystone Laboratories Water sampling 960.00 44069 David & Nicole Arntz M. D. & U. D. refund 105.00 44070 Eugene N. Barnes 105.00 44071 Tawana Vint " " " " 105.00 44072 R & A Estates Overpayment on final bill 39.50 44073 David Easter Overpayment on two final bills 156.63 44074 Kayla Hedley Overpayment on final bill 76.71 44075 Larry Daniels Overpayment on final bill 62.00 44076 Wendy Reiners M. D. & U. D. refund 21.39 44077 Kay Wente 4.86 44078 Natalie Bell " " " 37.69 44079 Sam Junker " " " II 5.17 44080 Wesley Bro " " It II 55.71 44081 Murphy Tractor & Oil filters and air sensor for unit#20 290.42 Equipment 44082 Postmaster Postage 3,000.00 44083 Radio Communications New radio for unit #19 460.70 44084 Scot's Supply Small pipe fittings for meter department 22.37 44085 Sensus Metering Systems Seven 1'/2" Omni meters 4,669.00 44086 Service Signing, L.C. Traffic control at W. 3`d and Kimball 250.00 44087 Smith-Blair Repaired flow meter at well #12 219.75 44088 Steffen New hydraulic motor for submersible 446.98 trash pump on unit #18 44089 Storey Kenworthy Pencil lead, cleaner, calculator paper, 363.63 copying machine paper, binder clips, pens and calculator 44090 Utility Equipment Co. Fittings and backflow preventer parts 30,759.11 44091 Vogel Irrigation Co. Two pave box repairs 1,000.00 44092 Wellmark BlueCross Medical insurance 40,522.04 BlueShield Payroll 95,071.73 $1,408,216.18 299 The General Manager presented the Monthly Financial Report as of March 31, 2011 as follows: March 1, 2011 Balance $3,762,268.55 Receipts 653,063.93 Disbursements 444,501.06 March 31, 2011 Balance $3,970,831.42 Debt Reserve Fund 330,000.00 Restricted Bond Fund 0.00 Bond Debt Sinking Fund 100,703.13 Repairs & Rehabilitation Fund 250,393.56 General Fund Balance 3,289,734.73 $3,970,831.42 It was moved, seconded and approved to receive and place on file the Monthly Financial Report as presented. The General Manager presented the Revenue and Expense Summary as of March 31, 2011 as follows: 2010 2011 Operating Revenue $1,596,829.80 $1,774,357.32 Operating Expense 1,289,961.14 1,329,710.76 $ 306,868.66 $ 444,646.56 Non-Operating Revenue 37,707.38 45,446.32 Non-Operating Expense 0.00 0.00 Capital Expense 49,689.38 55,857.49 $ 294,886.66 $ 434,235.39 It was moved, seconded and approved to receive and place on file the Revenue and Expense Summary. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for service line repair at 415 Thompson Avenue. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $1,955.00, which is supported by invoice from American Veterans Plumbing, LLC, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 415 Thompson Avenue, which is located on Lot No. 5 in Block 5 in James Virden's Addition to the town of Waterloo in the County of Black Hawk, State of Iowa, and owned by Elnora Parsons. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. 300 The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for service line repair at 204 Baltimore Street. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $450.00, which is supported by invoice from Al Gordon Plumbing and Heating, L.C., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 204 Baltimore Street, which is located on the Northwesterly One-half of Lot 10 in Block 9, in Whitney and Sedgwick's Addition, to the City of Waterloo, Iowa and owned by Korey J. Nosko as deed holder and Michael Laws, as contract purchaser. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for service line repair at 209 Shilliam Avenue. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $1,600.00, which is supported by invoice from Al Gordon Plumbing and Heating, L.C., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 209 Shilliam Avenue, which is located on all of lot two (2), block two (2), except the west 16 feet, Shilliams 3rd Subdivision, Waterloo, Iowa, Black Hawk County, and owned by Union Missionary Baptist Church. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. 301 The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for service line repair at 2126 W. 3rd Street. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of$1,955.00, which is supported by invoice from American Veterans Plumbing, LLC, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to make the repairs to the service line at 2126 W. 3`d Street, which is located on Lot No. Eleven (11) in Block No. Three (3), in Home Park Second Addition in the City of Waterloo, Iowa, Black Hawk County, and owned by Thomas R. Mulnix and Denise M. Mulnix. WHEREAS, the property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owners, the owners voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. The General Manager presented the following resolution for adoption and transmittal to the Waterloo Mayor and City Council for assessment of the charges to the property taxes for service line repair at 2132 W. 3rd Street. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $3,450.00, which is supported by invoice from American Veterans Plumbing, LLC, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 2132 W. 3rd Street, which is located on the East Fifteen and fifty-nine one hundredths (15.59) feet of Lot No. Nine (9) and Lot Ten (10) of Block Three (3), in Home Park Addition to the City of Waterloo, Black Hawk County, Iowa, and owned by Diane L. Brooks f/k/a Diane L. Savage. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. 302 Loren F. Steimel, of 10542 Kimball Avenue, paid the Waterloo Water Works the remaining balance of the Promissory Note and Mortgage for the Kimball South Rural Water Main Project. The Release of Real Estate Mortgage will be forwarded to the Waterloo Mayor for Council action and signatures. It was moved by Burris, seconded by Potter and unanimously approved to receive and place on file a record of the payment of $287.75 by Loren F. Steimel as full payment of the Promissory Note and Mortgage. Marsau Farms, Ltd., of 8321 Hammond Avenue, paid the Waterloo Water Works the remaining balance of the Promissory Note and Mortgage for the Kimball South Rural Water Main Project. The Release of Real Estate Mortgage will be forwarded to the Waterloo Mayor for Council action and signatures. It was moved by Burris, seconded by Potter and unanimously approved to receive and place on file a record of the payment of $287.75 by Marsau Farms, Ltd., as full payment of the Promissory Note and Mortgage. The 2011 Pavement Repairs Project requires a formal bid letting procedure because of the estimated cost of the project. The Notice of Public Hearing and the Advertisement for Bids for the 2011 Pavement Repairs Project was published in the Waterloo Courier on April 4, 2011. Bids from contractors were received, opened and read aloud at 2:00 p.m. on April 18, 2011. The Water Works removes paving in various locations to repair water mains, valves and fittings. Paving is also removed occasionally to access customer service lines for shutoffs and repairs, and for other reasons. A temporary patch is usually placed in the removed pavement area to allow the road to be reopened to traffic as soon as possible. The purpose of this project is to repair the removed areas of paving, sidewalk and driveways with a permanent pavement material. The annual paving repair project has trended larger in size and cost over the last few years, due to the quantity, location and severity of main breaks. The following is a tabulation of annual costs for pavement repair projects in recent years. Year Project Cost 2004 $ 38,637.20 2005 $ 14,496.75 2006 $100,131.90 2007 $133,384.05 2008 $114,733.03 2009 $146,138.00 2010 $119,549.55 The 2011 Water Works pavement repair line item is budgeted at $140,000. Usually, additional pavement repairs are added to the project throughout the summer, as other paving areas are removed to make necessary underground repairs. Water Works staff places temporary pavement material in the removed areas, and the material costs are charged to the pavement repair budget line item. On this project, the contractor provides unit prices in their bid for the additional pavement repair areas. Because of the additional added repairs throughout the year, the total project cost will exceed the original bid amount for the project. The following documents were provided to the Board: • Proof of Publication of Notice of Public Hearing and Advertisement for Bids • Cover and Index Page of Project Manual • Bid Tabulation It was moved by Potter, seconded by Burris and unanimously approved to receive and place on file Proof of Publication of Notice of Public Hearing for the 2011 Pavement Repairs Project as published in the Waterloo Courier on April 4, 2011. 303 Chairman Kuntz announced that it was time for the public hearing for the 2011 Pavement Repairs Project. There being no written comments on file and no oral comments, it was moved by Potter, seconded by Burris and unanimously approved to close the public hearing. It was moved by Burris, seconded by Potter and unanimously approved to confirm approval of the bid documents, plans, specifications, form of contract, etc., and to proceed with the project. It was moved by Burris, seconded by Potter and unanimously approved to receive and place on file the bids as opened and read aloud on April 18, 2011. The bids were as follows: Additional Total Base & Bidder Base Bid Items Additional Items Bowers Masonry, Inc $103,525.00 $6,295.00 $109,820.00 B & B Builders & Supply $107,671.00 $5,649.00 $113,320.00 D. C. Corp. $109,621.00 $4,500.00 $114,121.00 It was moved by Kuntz, seconded by Burris and unanimously approved to award the 2011 Pavement Repairs Project to Bowers Masonry, Inc., as being the lowest and best bid. At the March 2011 Board meeting, it was approved to preliminarily authorize the City of Waterloo's award of the contract for the 2011 Street Reconstruction Program with the Division II Water Main Replacement, and to authorize the General Manager to execute the appropriate contract documents, if the bids were 120 percent or less of the remaining budgeted amount of$318,105.00. The Board was provided with a copy of the bid tabulation for the project, with the Division II work listed on page 3. The low bid total for Division II, the Water Works portion of the project, is the sum of$231,610.27, compared to the estimate of $275,928.00. It was moved by Kuntz, seconded by Burris and unanimously approved to authorize the City of Waterloo's award of the contract for the 2011 Street Reconstruction Program with the Division II Water Main Replacement and to authorize the General Manager to execute the appropriate contract documents. At the March 16, 2011 Board meeting, it was approved to authorize the advertisement and bidding for a three-year, 2011-2012-2013, mowing, trimming and trash removal contract at the seven well sites. The sites vary in size from 1 to 28.5 acres, covering 42.6 acres in total. The last three-year contract was awarded in 2008 to B & B Lawn Care, Inc., at a total cost per mowing $940.00. The average annual cost of the contract over the last three years was $15,017.00. The estimated cost in the next three years is $14,000.00 to $16,000.00 per year. Bids were advertised in the Waterloo Courier on April 4, 2011, opened and read aloud on April 15, 2011. The Board was presented a proof of publication and the bid tabulation for the 2011-2012-2013 lawn mowing of seven well and tower sites. The bid results showing the cost per one mowing of all seven turf sites are as follows: B & B Lawn Care, Inc. $ 840.00 GrassWorks $ 855.00 Fleming's Landscaping $ 900.00 Fox Enterprises $ 965.00 J. L. Lawn Service $1,020.00 Miller & Sons $1,200.51 It was moved, seconded and unanimously approved to award the 2011-2012-2013 mowing contract to B & B Lawn Care, Inc., as being the lowest and best bid. 304 In March 1977, the Board approved the hiring of an architect to begin preliminary planning for remodeling of the Water Works office. Bids were received, with the contracts awarded to Cardinal Construction Company and Kirk Gross Company, for a total of $79,931.90 (approximately $286,000.00 in 2011 funds, not including HVAC, fire protection systems and other modern requirements). The office has had minor work done since the remodeling, including painting work done over 15 years ago, in 1994 and 1996. Since the time of the last remodeling 34 years ago, numerous operational changes have occurred at the Water Works. The Customer Service Center was built in 1999-2000, with the teller and credit areas moved to that location. The primary office continues basically unchanged after the opening of the Customer Service Center. In addition, the Water Works office operations are significantly more automated than 34 years ago, with data processing, computation, customer service information and communication improvements. Many areas of the mechanical, electrical, HVAC, lighting, fire protection, security, communication and computational systems are in need of upgrades. The 2011 Capital Improvement & Extraordinary Items Schedule includes $20,000 for miscellaneous office improvements and painting, plus $10,000 for replacement of the Diebold drawer at the Customer Service drive-through. Bids received for the drawer replacement indicate a savings of approximately $5,000 below the budgeted amount. Office Manager Mary Ratkovich requested authorization to hire a contractor to prep, clean and repaint wall surfaces in the office, and to repair the floor tile in the women's restroom. Bids were received from two painting contractors, with Atlas Painting Company submitting the low total bid of $4,507.00. A bid to repair the floor tile was received from D &W Floor Covering in the amount of $1,642.33. It was moved by Potter, seconded by Burris and unanimously approved to authorize the hiring of Atlas Painting Company to prep, clean and repaint wall surfaces in the office, and the hiring of D & W Floor Covering to repair the floor tile in the women's restroom. It is was moved by Potter, seconded by Burris and unanimously approved to authorize the request of proposals from architects to begin preliminary planning for a remodeling of the Water Works offices. On May 25, 2010, various officials from the City of Hudson met with representatives of the Waterloo Water Works (WWW), including Board Chairman Caslavka. A primary topic of discussion was Hudson's options to provide drinking water to their Northern Tier. At the July 2010 Board of Trustees meeting, it was approved to authorize the General Manager to continue to negotiate with Hudson to develop a proposed agreement to provide water to Hudson's Northern Tier. Negotiations have been ongoing since the July 2010 Board meeting. Hudson City Attorney Richard Hansen and Water Works Attorney Steve Weidner have participated in developing an agreement. Highlights of the agreement include the following. 1. WWW would extend its 12-inch main on Dewitt Road to Ranchero Road by December 31 , 2012, and possibly by December 31, 2011. WWW would further extend along Ranchero Road to the Hudson city limits. Hudson will reimburse WWW for expenses related to the Ranchero Road extension. 2. Hudson will receive front footage fees from the portion of the Ranchero Road water main paid for by Hudson. 3. Within a reasonable time after WWW extends the main to the Hudson city limits on Ranchero Road, Hudson will connect and extend the main westerly to at least the intersection of Butterfield Road and Ranchero Road. 305 4. The water provided to Hudson will be metered at the City limit line. WWW will provide the water meter. Hudson will be responsible for providing and maintaining a chlorinator, double check valve and sample port at the meter location. 5. Water rates can increase only at a rate no higher than the State of Iowa average, for similar users. 6. The quantity of water issue was resolved in that the WWW will furnish water at such pressure as is maintained at the connection points on Eldora Road and Butterfield Road. The Hudson City Council adopted a resolution approving the agreement with the Waterloo Water Works, subject to receipt of written assurance from the USDA that the extension is not prohibited. Since Hudson's approval, a few small changes have been made to the agreement, particularly in Section 3: Charges for Water. It was moved by Potter, seconded by Burris and unanimously approved to adopt a resolution approving the agreement between the Waterloo Water Works and the City of Hudson to provide water to Hudson's Northern Tier, and to authorize execution of the agreement by the Board Chairman and the General Manager. On June 2, 1961, Steve Scharfenberg began his career at the Waterloo Water Works. Several months ago, Steve announced his retirement, effective April 29, 2011. In his career, Steve has progressed through several steps of responsibility to his current position of Assistant General Manager of the Waterloo Water Works. Steve has worked with 16 different Board members, 4 different General Managers, and many other Water Works employees. When Steve started at the Water Works, the annual revenue of the utility was $495,626, this year it is budgeted at $6,477,120. The pumpage was 3.16 billion gallons per year, currently it is approximately 5 billion gallons. There were 19,500 meters, today 25,116. There were 210 miles of pipe in the system, today 389 miles. While the City of Waterloo and the Water Works has grown, changed and matured, one constant need is for steady, dependable, knowledgeable, friendly, and hard working individuals such as Steve Scharfenberg. Steve has been a tremendous asset to the Water Works throughout his career, as an employee, a co-worker, a leader, a counselor, a manager, a trusted advisor and as a friend. The Board of Trustees considered the following resolution for recognition of Steve Scharfenberg, retiring Assistant General Manager: RESOLUTION WHEREAS, Steven D. Scharfenberg began his career at the Waterloo Water Works on June 2, 1961 and will retire on April 29, 2011; WHEREAS, Steven D. Scharfenberg has been an exemplary employee, manager, steward and leader of the Waterloo Water Works; WHEREAS, it is appropriate for the Waterloo Water Works to acknowledge Steven D. Scharfenberg for his service; NOW THEREFORE BE IT RESOLVED AS FOLLOWS: The Waterloo Water Works acknowledges Steven D. Scharfenberg for his nearly 50 years of exemplary service; and the Waterloo Water Works is grateful and appreciative for Steven D. Scharfenberg's 50 years of service to the utility and to the citizens of the City of Waterloo. It was moved by Potter, seconded by Burris, to adopt the resolution. One Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. 306 The following items were reported by management: The water pumpage information for March 2011 was 2.52% more than March 2010. Water pumpage for the first three months of 2011 was 0.06% more than the first three months of 2010. The current market value of the Pension Fund as of March 31, 2011 is the sum of$4,123,778.11, including one employee's personal balance of$30,406.17 held by the paying agent. The value of the fund increased $34,519.67 in the last month and $353,304.01 year to date. The Waterloo Water Works has made contributions of $255,725.70 to the plan in 2011. Employees have made contributions of $8,807.39 to the plan in 2011. Year to date fees are the sum of $13,309.75, year to date payments to retirees are the sum of$81,764.85, and the year to date yield of the fund is +4.88 percent. An updated list of Certified Water Operators employed by the Waterloo Water Works was presented for review by the Board. Current Trustee contact information was distributed to Board members. A list of several major projects and initiatives currently underway or planned for 2011 was presented to the Board. The next regular meeting is scheduled for Wednesday, May 18, 2011 at 8:00 a.m. Upon motion, the meeting was adjourned at 9:45 a.m. BOARD OF TRUSTEES Secretary