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Home My WebLink AboutCouncil Packet - 09/12/2011 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, SEPTEMBER 12, 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 Tern) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 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: Abraham Funchess, Human Rights Director. September 12, 2011 Page 2 Agenda, as proposed or amended. Minutes of September 6, 2011, Regular Session, as proposed. Presentation of Certificate of Achievement for Excellence in Financial Reporting to Michelle Weidner, Chief Financial Officer. Proclamation declaring Saturday, September 17, 2011 as National Gymnastics Day. 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. b. Motion to approve the following: Travel Requests Name & Title of Amount not Personnel Class/Meeting Destination Date(s) to Exceed 1. 15 Artists & To participate in Waterloo, October 9- $15,090.31 Filmmakers the Exhibition Iowa 16, 2011 opening and related symposium for Master Artists of the Bahamas project 2. Johanna Kramer- The Iowa Arts Cedar September $110.00 Weston, Public Council Presents: Rapids, 17, 2011 Programs No More Starving Iowa Coordinator; Artists III Chaume Paige, Digital Arts Manager 3. Elizabeth Andrews, Iowa Museum Des Moines, October $240.00 Registrar Association Iowa 17-18, Conference 2011 4. Todd Derifield, City 2011 Iowa Park & Clinton, September $275.00 Forester Recreation Iowa 20-21, Association Fall 2011 Workshop September 12, 2011 Page 3 5. Cammie Scully, National Haitian New Director of Cultural Art Conference and Orleans, 2October $2,870.00 &Arts Commission,. Annual meeting Louisiana November Kent Shankle, Curator 1, 2011 6. Officer Zubak & Clandestine Johnston, September $440.00 Officer Nissen Laboratory Safety Iowa 19-23, Class 2011 7. Recommendation of appointment of Andrew Bedard to the position of Waste Water Operator, effective September 26, 2011. Submitted by Larry Smith, Waste Management Services Superintendent Class C Beer License Permit A lication 8. Guppy's On The Go, 1615 Bishop Avenue (Renewal) (Expires 9/8/12) (Includes Sunday Sales) Fireworks Display Application 9. National Cattle Congress, 257 Ansborough Avenue on September 15-18, 2011 at 9:30 p.m. 10. Bonds PUBLIC HEARINGS 2. Purchase of One (1) New Chipper Truck with Aerial Unit for Parks Department Motion to receive and file proof of publication of notice of public hearing HOLD HEARING—No objections on file Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid document, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to open and read bids and refer to Public Works Director for review. Submitted by Mark Rice, Public Works Director RESOLUTIONS 3. Resolution approving agreement with Panther Sports Properties, L.L.C. in the amount of $11,000.00 for marketingand service at Waterloo Regional Airport. promotion related to air Submitted by Bradley Hagen, Airport Director September 12, 2011 Page 4 4. Resolution approving an agreement in the acceptance 000.00 to Blackbe Hawk County Gaming Grant in the amount of $1,000,000.00 in funding in the construction of the Public Works Building; and authorize Mayor to execute said document. Submitted by Mark Rice, Public Works Director 5. Resolution approving an agreement in the acceptance be used for Hawk County Gaming Grant in the amount of $400,000.00 tyrnes Park Drainage Project; and authorize Mayor to execute said document. Submitted by Paul Huting, Leisure Services Director 6. Resolution approving an agreement in the acceptance a County Gaming Grant in the amountof $500,000.00 to be used for improvements at the Cedar River Youth Sports Complex; and authorize Mayor to execute said document. Submitted by Paul Huting, Leisure Services Director 7. Resolution approving an agreement in the acceptance of a Black sed in the County Gaming Grant in the amount of $437,097.00 to be Public Market Buildout to house the RiverLoop Public Market Cooperative; and authorize Mayor to execute said document. Submitted by Paul Huting, Leisure Services Director 8. Resolution approving Amendment to Public Expo Management Agreement with Waterloo Expo Services Corp. (WESCO) to enter directly into a lease agreement with the RiverLoop Public Market authorize Mayoric r ad City Building for purposes of operating a food store; Clerk to execute said document; and rescind Resolution No. 2011-813 in its entirety. Submitted by Paul Huting, Leisure Services Director 9. Resolution approving Waterloo Public Market nd operateAgreement with a market at the RiverLoop Public Market Cooperative open Public Market building in the Expo Plaza located in downtown Waterloo; and authorize Mayor to execute said document. Submitted by Paul Huting, Leisure Services Director 10. Resolution approving award of bid to Murphy Tractor & Equipment of Waterloo, Iowa in the amount of $92,900.00 for the Purchase of One (1) 2012 John Deere 410J Backhoe with Submitted by JB Bolger, Golf& Downtown Area Maintenance Manager 11. Resolution approving recommendation of award of contract to Miller Fence Co., Inc. of Waterloo, Iowa in the amount of $28,421.00 for 2011 Cedar River Youth Sports Complex FencingProject. Submitted by Rick Curran, Leisure Services Facilities Manager September 12, 2011 Page 5 12. Resolution approving agreement with Department of Justice Office of Justice Programs for FY 2011 Edward Byrne Memorial Justice Grant (JAG) Program in the amount of $104,714.00, with no required cash match, to be used for funding of the Tri-County Drug Task Force; and authorize Mayor to execute said document. Submitted by Daniel Trelka, Director of Safety Services 13. Resolution approving Six Month Automobile Lease Agreement with C & S Car Company for School Resource Officer Program at no cost to the City and rescinding previous lease agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Daniel Trelka, Director of Safety Services 14. Resolution approving Rail Spur Agreement with Secor Investments, L.L.C. for F.Y. 2012 SECOR Railroad Spur, Contract No. 794; and authorize Mayor to execute said document. Submitted by Jeff Bales, Associate Engineer 15. Resolution approving Supplemental Professional Services Agreement with AECOM of Waterloo, Iowa at a cost of $20,000.00 for additional construction related services for the Cedar River Water Trail - Portages around Park Ave Dam & 6th Street, Contract No. 734; and authorize Mayor to execute said document. Submitted by Jamie Knutson, P.E., Associate Engineer 16. Resolution approving agreement with JDE Engineering of LaPorte City, Iowa at a cost of $158,500.00 for construction related services for Delane Avenue Watershed Storm Water Improvements; and authorize Mayor to execute said document. Submitted by W. Wayne Castle, PLS, El, Associate Engineer 17. Resolution approving Notice of Discontinuation from NPDES Coverage Under General Permit 2 to the Iowa Department of Natural Resources in conjunction with F.Y. 2007 Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713; and authorize Mayor to execute said document. Submitted by Jamie Knutson, P.E., Associate Engineer 18. Resolution approving and accepting certain acquisition contracts and certain deeds to sell real property to the City of Waterloo for the partial acquisition of right-of-way, permanent easements and temporary easements in conjunction with the West Shaulis Road/Ansborough Avenue reconstruction project from: Charles J. Walker in the amount of $4,170.00; and authorize Mayor and City Clerk to execute said documents. Submitted by Noel Anderson, Community Planning& Development Director September 12, 2011 Page 6 19. Resolution accepting and approving the acquisition of property generally located at 928 Mulberry Street, as granted by court order pursuant to Section 657A of the Iowa Code; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning & Development Director 20. Resolution accepting and approving the acquisition of property generally located at 213 N. Barclay Street, as granted by court order pursuant to Section 657A of the Iowa Code; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning & Development Director 21. Resolution accepting and approving the acquisition of property generally located at 332 Irving Street, as granted by court order pursuant to Section 657A of the Iowa Code; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning & Development Director 22. Resolution accepting and approving the acquisition of property generally located at 129 Ricker Street, as granted by court order pursuant to Section 657A of the Iowa Code; and authorize Mayor and City Clerk to execute any necessary documents. Submitted by Noel Anderson, Community Planning & Development Director 23. Motion approving Change Order No. 2 for a net decrease of$10,315.00 for work performed by Allied Manatts Group LLC of Charles City, Iowa in conjunction with Rehabilitation of Apron Phase 3A at the Waterloo Regional Airport. Submitted by Bradley Hagen, Airport Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, September 12, 2011 4:35 p.m. - Council Work Session, Council Chambers 4:50 p.m. - Public Works Committee, Council Chambers 4:55 p.m. - Human Resources Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers September 12, 2011 Page 7 PUBLIC INFORMATION 1. Waterloo Commission on Human Rights meeting minutes of July 14, 2011 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 1. F.Y. 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 22 to Vieth Construction in the total amount due of$17,720.78 2. F.Y. 2010 Riverfront Renaissance Lower Plaza, Contract No. 763 Pay estimate No. 26 to Peterson Contractors in the total amount due of$25,475.67 3. F.Y. 2010 Riverfront Renaissance Lower Plaza, Contract No. 763 Pay estimate No. 15 to AECOM in the total amount due of$5,649.15 4. F.Y. 2010 Street Reconstruction, Contract No. 772 Pay estimate No. 25 to Aspro in the total amount due of$276,905.75 5. F.Y. 2010 Ridgeway Avenue and La Porte Road Intersection Improvements, Contract No. 775 Pay estimate No. 7 to Snyder & Associates Engineers & Planners in the total amount due of$418.74 6. F.Y. 2010 Downtown Waufinding Signage, Contract No. 783 Pay estimate No. 5 to JDE Engineering in the total amount due of$4,104.93 7. F.Y. 2011 River Renaissance North Downtown Trail, Contract No. 786 Pay estimate No. 9 to Vieth Construction Company in the total amount due of $67,874.55 8. F.Y. 2011 Asphalt Overlazj Program, Contract No. 796 Pay estimate No. 9 to Aspro in the total amount due of$85,197.77 9. F.Y. 2012 East Donald Street Improvements, Contract No. 797 Pay estimate No. 4 to AECOM in the total amount due of$17,077.23 10. F.Y. 2011 Street Reconstruction, Contract No. 798 Pay estimate No. 8 to Aspro in the total amount due of$295,295.85 11. Waterloo Stormwater Lift Stations at Hollywood Avenue, Cedar Bend Street and Fletcher Avenue Payment to Snyder &Associates Engineers & Planners in the total amount due of $55,888.91 i September 6, 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 Tuesday, September 6, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Cammie Scully, Director of Cultural & Arts Commission. 137236 - Hart/Schmitt that the Agenda, as amended deleting item #24 and updating the expiration dates for the board and commission appointments, for the Regular Session on Tuesday, September 6, 2011, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion carried. 137237 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, August 22, 2011, at 5:30 p.m. , be accepted and approved. Voice vote-Ayes: Seven. Motion carried. Mayor Clark recognized the September 2011 Team Member of the Month, Nikki Fischels. Mayor Clark read a Proclamation proclaiming Tuesday, September 6, 2011 as Social Security - Go Green, Go Online Day. Mayor Clark read a Proclamation proclaiming Sunday, September 11, 2011 at 12:00 noon as September llth National Moment of Remembrance. CONSENT AGENDA 137238 - 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. 1-58, dated September 6, 2011, in the amount of $2, 440, 504.44, 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. 2011-834 . 2. Request from East High School to hold annual Homecoming Parade on Thursday, September 15, 2011 from 2:30 p.m. to 3:20 p.m. , with route beginning at intersection of High and Vine, proceeding to East 5th and Walnut, continue on East 5th to Sycamore, right on Sycamore, right on East 4th, proceeding on East 4th crossing Franklin returning to East High School using Lime Street-Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-835. 3. Request of John Deere Waterloo Works to hold John Deere 12th Annual 5K Run/Walk event to be held on Sunday, September 25, 2011 to start at 12:30 p.m. with the route to start and end at the Tech Works parking located on Westfield Avenue-Submitted by Daniel J. Trelka, Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2011-836. 4 . Request of Kathleen A. Wernimont for a concrete driveway to be located at 1076 Prospect Boulevard, 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. 2011-837. 5. Request of Gary Bertch for a concrete driveway to be located at 4550 Hess 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. 2011-838. 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Mayor Clark' s recommendation of the following appointments: Appointee Board/Commission Expiration New or Re- Date Appointment International Forest R. Dillavou Property Maintenance 10/31/2014 New Appointment Code Board of Appeals International David Chilcote Property Maintenance 10/31/2014 New Appointment Code Board of Appeals International • Karen Atwood Property Maintenance 10/31/2014 New Appointment Code Board of Appeals International Bernard J. Stroh Property Maintenance 10/31/2013 New Appointment Code Board of Appeals International Sue Schauls Property Maintenance 10/31/2013 New Appointment Code Board of Appeals International New Appointment Michael J. Hansen Property Maintenance 10/31/2014 Code Board of Appeals *Alternate 11. Recommendation of appointment of Larry Levendusky to the position of Plant Maintenance Mechanic, effective September 7, 2011-Submitted by Larry N. Smith, Waste Management Services Superintendent 12. Recommendation of appointment of Richard Felderman to the position of Equipment Operator II, effective September .7, 2011-Submitted by Mark Rice, Public Works Director 13. Recommendation of appointment of Robert Decker II to the position of Equipment Operator I, effective September 7, 2011-Submitted by Mark Rice, Public Works Director 14 . Recommendation of appointment of Michael Yerkes to the position of Equipment Operator I, effective September 12, 2011-Submitted by Mark Rice, Public Works Director • Class B Beer License Permit Application 15. National Dairy Cattle Congress - Arena Fairgrounds, 250 Ansborough Avenue (Transfer to Pepsi Pavilion from 9/15/11 to 9/19/11) Class C Beer License Permit Application 16. Five Star Snacks & Liquor, 437 Sullivan (Renewal) (Expires 7/21/12) (Includes Sunday Sales) 17. New Star #3, 1459 Ansborough Avenue (New) (Expires 7/1/12) (Includes Sunday Sales) Class C Liquor License Permit Application 18. National Dairy Cattle Congress - Pepsi Pavilion, 250 Ansborough Avenue (Transfer to Arena Fairgrounds from 9/15/11 to 9/19/11) 19. Maison De Martini, 708 Jefferson Street (New) (Expires 8/1/12) (Includes Sunday. Sales) 20. Big Daddy's House of Booze, 2000 Hawthorne (New) (Expires 8/29/12) (Includes Sunday Sales) 21. Chapala Mexican Restaurant, 900 LaPorte Road (Renewal) (Expires 8/7/12) (Includes Sunday Sales) Class E Liquor License Permit Application 22. Five Star Snacks & Liquor, 437 Sullivan (Renewal) (Expires 7/21/12) (Includes Sunday Sales) 23. New Star #3, 1459 Ansborough Avenue (New) (Expires 7/1/12) (Includes Sunday Sales) Special Class C Beer/Wine License Permit Application 24 . Young Arena, 125 Commercial Street (Renewal) (Expires 9/6/12) (Includes Sunday Sales) • Class B Wine License Permit Application 25. Five Star Snacks & Liquor, 437 Sullivan (Renewal) (Expires 7/21/12) (Includes Sunday Sales) 26. 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Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-845. 137248 - Getty/Hart to receive, file and instruct City Clerk to open and read bids and refer to Leisure Services Director for review: Bidder Bid Amount Century Fence Company P.O. Box 277 $39, 815.00 Forest Lake, Minnesota 55025-0277 Miller Fence & Flag 1800 Burton Avenue $28, 421.00 Waterloo, Iowa 50703 Voice vote-Ayes: Seven. Motion carried. 137249 - Greenwood/Schmitt that proof of publication of notice of public hearing on Request of Salvation Army for the sale and conveyance of city-owned property formerly known as 123 Argyle Street for $1, 840.00 plus closing costs of up to $30.00, as published in the Waterloo Courier on August 29, 2011, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137250 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 137251 - Greenwood/Schmitt that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Request of Salvation Army for the sale and conveyance of city-owned property formerly known as 123 Argyle Street for $1, 840.00 plus closing costs of up to $30.00", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-846. 137252 - Schmitt/Greenwood that proof of publication of notice of public hearing on Request of Jonathan James for the sale and conveyance of city-owned property formerly known as 346 Halstead Street for a total of $1, 060.00 plus closing costs of up to $30.00, as published in the Waterloo Courier on August 29, 2011, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137253 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Greenwood that the hearing be closed. Voice vote-Ayes: Seven. Motion carried. 137254 - Schmitt/Greenwood that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Request of Jonathan James for the sale and conveyance of city-owned property formerly known as 346 Halstead Street for a total of $1, 060.00 plus closing costs of up to $30.00", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-847. '£S8-TTOZ •oN paubTsse aoAew Aq Tenoadde uodn pue pa4dope uoTSnTosag •uanag :saAy_a;oA TTeo TTog •pa;dope aq '„ao;oaaTQ 4aodaTy 'uabPH. 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Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-854. 137264 - Greenwood/Schmitt that "Resolution approving recommendation to award and approve the contract with A-Line Iron & Metals of Waterloo, Iowa in the amount of 60 percent per ton of published price as quoted on American Metal Market to provide scrap metal pickup service for several City Departments-Submitted by Mark Rice, Public Works Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-855. 137265 - Greenwood/Schmitt that "Resolution approving request for extension to encumber grant funds to January 15, 2012 from the Iowa I-Jobs Board for the Public Works Building Project-Submitted by Mark Rice, Public Works Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-856. 137266 - Greenwood/Schmitt that "Resolution approving request from Lost Island Real Estate to dedicate a 50-foot wide Sanitary Sewer Easement on land generally located at the northwest corner of East Shaulis Road and Hess Road-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-857. 137267 - Getty/Hart that "Resolution approving Bonds and Certificate of Insurance in the amount of $1, 145, 000.00 with Peterson Contractor, Inc. of Reinbeck, Iowa for F.Y. 2012 Anaerobic Lagoon Influent Pump Station, Contract No. 807-Submitted by Bob Bamsey for Larry Smith, Waste Management Services Superintendent", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-858. 137268 - Getty/Hart that "Resolution approving recommendation of award of contract to Traffic Control Corporation of Ankeny, Iowa in the amount of $48, 160.00 for the Purchase of Green LED Traffic Signal Lights-Submitted by Sandie Greco, Traffic Operations Superintendent", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-859. 137269 - Getty/Hart that "Resolution approving submission of grant application to Assistance to Firefighters in the amount of $119, 000.00 with a 20 percent city match that will be used to purchase seven new heart monitors-Submitted by Pat Treloar, Chief of Fire Services", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-860. 137270 - Schmitt/Welper that "Resolution approving and accepting certain acquisition contracts and certain deeds to sell real property to the City of Waterloo for the partial acquisition of right-of-way, permanent easements and temporary easements in conjunction with the West Shaulis Road/Ansborough Avenue reconstruction project from: Grady Farms Dairy, Inc. in the amount of $406, 968.75; William Walters in the amount of $95,250.00; Mary H. Rousselow in the amount of $71, 944 .50; and BarLee Farms, Ltd. in the amount of $569. 12-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. 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TIP paxusga. }[aeTD aoAPN g abed TTOZ '9 1eglue deg September 6, 2011 Page 9 137275 - Welper/Hart that "Resolution authorizing the dedication of an easement to MidAmerican Energy for the construction of an above ground transformer on the city-owned ground located on the northern side of Commercial Street between West 4th Street and West 5th Street (just west of parking ramp)-Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-866. ORDINANCES 137276 - Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 423 to Section 2A-5, Rezoning Certain Property in conjunction with Request of Black Hawk Contracting & Development for a site plan amendment to the "R-1, R-P" Planned Residence District for property generally described as the southeast corner of Burton Avenue and Parker Street (former Lincoln School site) for the development of 14 single family lots and new homes ranging in size from 1,237 sq. ft. to 1,270 sq. ft.", be received, placed on file, considered and passed for the second time. Roll call vote-Ayes: Seven. Motion carried. 137277 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 137278 - Schmitt/Welper that "an Ordinance amending Ordinance No. 2479, as amended, City Zoning Ordinance by adding Subsection No. 423 to Section 2A-5, Rezoning Certain Property in conjunction with Request of Black Hawk Contracting & Development for a site plan amendment to the "R-1, R-P" Planned Residence District for property generally described as the southeast corner of Burton Avenue and Parker Street (former Lincoln School site) for the development of 14 single family lots and new homes ranging in size from 1,237 sq. ft. to 1, 270 sq. ft.", be considered and passed for the third time and adopted. Roll call vote-Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5069. 137279 - Getty/Schmitt that "an Ordinance amending Ordinance No. 9-2A-10: Haunted Houses by changing the title from Haunted Houses to Special Amusement Buildings; change the definition of such Special Amusement Buildings; and remove all references to haunted houses and replace with special amusement building in conjunction with Amendments to Ordinance 9-2A-10: Haunted Houses", be received, placed on file, considered and passed for the second time. Roll call vote-Ayes: Seven. Motion carried. Dan Trelka, Director of Safety Services, reported that the current ordinance is too exclusive and the City was missing some functions and activities that needed regulated. 137280 - Getty/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Seven. Motion carried. 137281 - Getty/Schmitt that "an Ordinance amending Ordinance No. 9-2A-10: Haunted Houses by changing the title from Haunted Houses to Special Amusement Buildings; change the definition of such Special Amusement Buildings; and remove all references to haunted houses and replace with special amusement building in conjunction with Amendments to Ordinance 9-2A-10: Haunted Houses", be considered and passed for the third time and adopted. Roll call vote-Ayes: Seven. 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S-8-L •oN eoueuTpao buTpueuie Aq saoueuTpao 3o apoo LOOZ age buTpuauie aoueuTpao ue„ ;eqa. pooMuaaao/4aeH - b8ZL£T •paTaaeo uoT;or •uanas :seAv-e;on TTeo TTo2i •papuadsns eq sbur;aaw aoTad oM; ;e abessed ao3 pe;.on pue paaapTsuoo eq o; saoueuTpao buTaTnbaa saTna ;eqa. pooMuaaaO/;aeH - £8ZL£T •peTaaeo uoTgoH •uanag :seAv-e;aA TTeo TTog •auiT; puooas age ao3 passed pue paaapTsuoo 'aTT3 uo paoeTd 'peA e0eJ eq '„A;aadoad A;To uo buT;ungMog MoTTe o; apoo A4T3 pue uoT;nTosag o; s;ueuipuauj 1 TM uoTgounCuoo uT (ze) 9-Z-S •oN aoueuTpaO buTpueUIs pus : (g pue y) S-s-L 'oN eoueuTpao buTpuaiue Aq saoueuTpap 3o apoo LOOZ am buTpuaiue eaueuTpaO UP, ;eg; pooMuaaaO/;asH - Z8ZL£T 0T abed TTOZ '9 aegwe4daS September 6, 2011 Page 11 137290 - Hart/Greenwood. that "an Ordinance amending Ordinance No. 9-2A-6: Annual Life Safety Permits, License and Certification Fees by changing all the fees and updating the wording in conjunction with Amendments to Ordinance 9-2A-6: Annual Life Safety Permits, License and Certification Fees", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Six. Nay: One (Schmitt) . Ordinance adopted and upon approval by Mayor assigned No. 5073. 137291 - Getty/Cole that "an Ordinance amending Ordinance 9-2A-12: Services by changing some of the fees; adding additional fees and updating the wording in conjunction with Amendments to Ordinance 9-2A-12: Services Amending Definitions & Fees in conjunction with Fire Inspections and Services", be received, placed on file, considered and passed for the first time. Roll call vote-Ayes: Six. Nay: One (Schmitt) . Motion carried. 137292 - Getty/Cole that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote-Ayes: Six. Nay: One (Schmitt) . Motion carried. 137293 - Getty/Hart that "an Ordinance amending Ordinance 9-2A-12: Services by changing some of the fees; adding additional fees and updating the wording in conjunction with Amendments to Ordinance 9-2A-12: Services Amending Definitions & Fees in conjunction with Fire Inspections and Services", be considered and passed for the second and third times and adopted. Roll call vote-Ayes: Six. Nay: One (Schmitt) . Ordinance adopted and upon approval by Mayor assigned No. 5074. OTHER COUNCIL BUSINESS 137294 — Schmitt/Welper to instruct Police Chief to prepare specifications and form of contract, etc. in conjunction with Purchase FY 12 Ammunition Needs, be approved. Voice vote-Ayes: Seven. Motion carried. 137295 - Schmitt/Welper that plans, specifications, form of contract, etc. in conjunction with Purchase FY 12 Ammunition Needs, be received and placed on file. Voice vote-Ayes: Seven. Motion carried. 137296 - Schmitt/Welper that "Resolution preliminarily approving specifications and form of contract, etc. in conjunction with Purchase FY 12 Ammunition Needs", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-867. 137297 - Schmitt/Welper that "Resolution setting date of hearing and bid opening as September 26, 2011 and instructing City Clerk to publish notice of specifications and form of contract, etc. in conjunction with Purchase FY 12 Ammunition Needs", be adopted. Roll call vote-Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-868. 137298 - Hart/Greenwood that "Resolution setting date of hearing as September 19, 2011 to approve request by Dave Schrock to purchase a vacant city owned lot formerly known as 720 W. Park Avenue for $2, 000.00 plus closing costs; and instruct City Clerk to publish 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. 2011-869. y � ETD A4TO saaegos Azns •peTaaeo uoT4oN •uanas :saAv-aeon aozon •w•d Z£:g Je uanoCpe TTounoO eq; 4egq. ;aeH/eToD - b0£L£T ZNSWN23nora' •peTzzeo UOT O •uanas :SeA'-a4on aozon •aTTg uo paoeTd pup panTaoaa aq squawwoo Teao anoge 91.14 4eqq. 41PH/eToD - £0£L£T •paTTeqsuT seaaweo paads aneq TTounop qegq. pagsebbns aH pest sT AgTanoas TeToos TPPun saszea aq.euTwTTa oq TTounoj pis aH •pesTea buTeq saxes A4a9doad stq ggTM uaaouoo passaadxa 'anuany poomuvi OZZ 'uomAad saTaegO •aaosaAa ue awooaq seq •aeo peoaTtea eq4 punoae 4TTnq eq oq buTob seM wnasnw e ;eqa. pees aH •saeaA OT ao; aaagq. uaaq seq gegq. gaaa;s yqp gseS uo aeo peoaTtea e 1.14TM uaaouoo passaadxa 'peog 1oTMeTpuP0 TT' 'uaTTFt Tae1-13TW SNOIJYJN3SS2id IK�IO •TL8-TTOZ 'oN paubTsse aoAeW Aq Tenoadde uodn pue paqdope uoTgnTosag •uanas :seI -e on 'Teo TTo2i •pe dope eq '„quawdTnbg TeubTS asegoand ggTM uoT eunCuoo uT spTq go butxe4 pue •e e 'quewnoop pTq 'suoT4eoTgToads go eDT ou gsTTgnd o4 xaaTO AgTO 4onaJsuT pue TTOZ '6T aagwagdas se buTuedo pTq pue buTaeaq go agep burn as uoTgnTosag,, :egq. 4aeH/aTaD - ZO£L£T 'OL8-TTOZ 'oN paubtsse aoAeW Aq Tenoadde uodn pue pagdope uoTgnTosall e a uanas :saA\-e on 'Teo TTo2i •pa;do p g „�uawdtnbS Teubrs asegoand q�TM uot�ounCuoo uT •oqa 'Juewnoop pTq 'suozleoTTDeds buTnoadde ATTaeuiwTTaad uorgnTosag„ 4eqp 41pH/aT0D - TOELET •paTaaeo uoTgor •uanas :seAf-aeon aozon 'BIT; uo paoeTd pup peAze3ea eq 'quewdenba TeubTS asegoand 44TM uoTgounCuoo uT •ova 'quewnoop ptq 'suoT4PoT;loads 4e144 41eH/aT00 - 00£LT •peTaaeo uoT;or uanas :seANd-aeon aozon •panoadde eq 'quawdznbH TeubTs asegoand g4TM uoTgounCuoo uT •oqa 'quawnoop pTq 'suoT4eoz;Toads aaedaad o4 quepuaquTaedns suoT eaado oT;;eas gonagsuT oq 4aeH/aToD - 66ZL£T ZT abed TTOZ '9 aagwe das CITY OF WATERLOO Council Communication City Council Meeting: September 12, 2011 Prepared: September 2, 2011 Dept. Head Signature: # of Attachments: SUBJECT: National Gymnastics Day Proclamation Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: PROCLAMATION CITY OF WATERLOO, IOWA WhEREA5, USA Gymnastics and its member clubs across the nation annually celebrate National Gymnastics Day to showcase the sport of gymnastics and to encourage and promote physical fitness among our nation's youth; and 'hEREAS, Gymnastics provides a great foundation for building strength, flexibility, and fitness and also for life skills, enhancing self- esteem and goal-setting abilities; and WHEREAS, National Gymnastics Day seeks to promote the value of physical fitness and good nutrition for everyone, regardless of age, gender and ability level, through the 2011 Fitness Program; and WHEREAS, On National Gymnastics Day, gymnastics clubs across the United States partner with USA Gymnastics to heighten visibility of the sport and encourage participation at the grassroots level; and WHEREAS, National Gymnastics Day aims to serve the greater community good by raising funds for Children's Miracle Network Hospitals to provide comfort and assistance to children who are unable to provide for themselves; and VitHERE S, Collectively, our nation, our state, and USA Gymnastics strive to encourage greatness and achievement in our young people. Now, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim Saturday, September 17, 2011, as NATIONAL GYMNASTICS DAY IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 12th day of September 2011. ATTEST: ;' ,s 0E164 es („ , 2., 4 •••.A 4 jJQQ 5,` If I j# f Suz Sct4reSt Y Buck Clark City Clerk Mayor O O FINANCE DEPT. STAFF ONLY LINE ITEM USED )IO/V, 444,6 1Js-Flo TRAVEL REQUEST FY k 1;2-BUDGETED t3 CITY OF WATERLOO EXPENDED YTD THIS REQUEST / aQD.3J LEFT AFTER THIS REQUEST DATE "74Icd g-'31% r!i Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Bringing in 15 artists &filmmakers (list attached 1 October 9-16, 2011 14 October 13-16, 2011 NAME OF CLASS/ MEETING: DESTINATION: Nassau, Bahamas, Los Angeles, New To participate in the Exhibition opening and related York and West Palm Beach symposium for Master Artists of the Bahamas project DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 1 person on October 9 All returning October 16 October 14 and 15 14 people on October 13 PURPOSE OF TRAVEL: To participate in the Exhibition opening and related symposium for Master Artists of the Bahamas project October 14 and 15. One Artist is coming in on the 9th for a residency with UNl students. All will depart on the 16th of October. All costs will be reimbursed by grants..An additional$16,500 will be paid in"ho � a ,noraria— ^ r& arced by. its. kflfli Clvi1 . ID 1--he yoi, `i, (�(Cuh1;m (-0,t it (, o a/xd `U{aIrpr/L/ iziee.s WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: COST$ YES NO METHOD OF TRAVEL: XX CITY VEHICLE PRIVATE VEHICLE XX AIRFARE DEPARTING FROM: Project Code: 26-gft.Bahamas$13,000, 26-hmt disc.Bahamas$5,500, 26-gft.cmpn $14,730 ESTIMATE OF COST: BUDGET LINE ITEM: 010-26-4265-1346 travel 2,621.01 LODGING TAXI XX GRANT REIMBURSABLE 1,600.00 MEALS PARKING YES NO REGISTRATION 10,269.30 AIRFARE REQUIRED CERTIFICATION 600.00-van MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 15,090.31 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 W( Lu/- -OO DEPART ENT HE&O MAYOR August 23, 2011 qW I' eared Goodies\Forms\Travel Request Form January 2010 ' " DATE YAM` 2-311 1, FINANCE DEPT. STAFF ONLY LINE ITEM USED t'�/f} ACa tf�2C. 6 (346' TRAVEL REQUEST FY : , .BUDGETED IUUl0C) CITY OF WATERLOO EXPENDED YTD .3 TT��f THIS REQUEST //O,UJO LEFT AFTER THIS REQUEST r�5`,, S4 DATE �2v}J 8`;?� )' 'II Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Johanna Kramer-Weston, Public Programs Coordinator August 23, 2011 Chawne Paige, Digital Arts Manager NAME OF CLASS/ MEETING: DESTINATION: Cedar Rapids, Iowa The Iowa Arts Council Presents: No More Starving Artists Ill DEPARTURE POINT IF NOT WATERLOO: -- DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: Saturday, September 17, 2011 Saturday, September 17, 2011 Saturday, September 17, 2011 PURPOSE OF TRAVEL/TRAINING: To attend a day-long workshop hosted by the Iowa Arts Council, where workshops will be held on a variety of different subjects. We are looking to gain more knowledge on the business behind being an artist, public speaking, marketing, programming and seeking artists for residencies and public art projects. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST$ -- YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: 225 Commercial St., Waterloo, Iowa 50701 ESTIMATE OF COST: s-a C`` BUDGET LINE ITEM: Jw c,ya4.s-43 v-E LODGING -- TAXI GRANT REIMBURSABLE -- MEALS -- PARKING YES NO $90 REGISTRATION -- AIRFARE REQUIRED CERTIFICATION $20 MILEAGE/FUEL -- MISC/TOLLS YES NO TOTAL FOR ALL: $ 110 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 0 , @LLLEN Li /4ti DEPARTM EMI, MAYOR toil/ (21601.1 D TE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED (//Q ,R(,4,266/34(0 TRAVEL REQUEST FY BUDGETED CITY OF WATERLOO EXPENDED YTD `f1r/, /cf THIS REQUEST ;�c-t4J,(JU LEFT AFTER THIS REQUEST �Cp DATE ,7, „s r A 6 u/ Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Elizabeth Andrews, Registrar October 17, 18, 2011 Waterloo Center for the Arts NAME OF CLASS/MEETING: DESTINATION: Des Moines, Iowa Iowa Museum Association Conference And additional workshop: Writing Compelling Exhibit Labels DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: Monday October 17 Tuesday October 18 October 17, 18 PURPOSE OF TRAVEL/TRAINING: Professional development. Attending this conference will facilitate education, networking and many opportunities to enhance my ability to serve as a museum professional in the state of Iowa and the city of Waterloo. There will also be opportunities to recruit interns and see examples of best museum practices as employed in other institutions. The additional workshop: Writing Compelling Exhibit Labels, will provide information on a topic which could enhance the quality of the exhibits at the Waterloo Center for the Arts. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE x PRIVATE VEHICLE AIRFARE DEPARTING FROM: Waterloo Center for the Arts. Waterloo, IA ESTIMATE OF COST: ° -S e-s BUDGET LINE ITEM: D/j,:t/, qv_A NA LODGING NA TAXI GRANT REIMBURSABLE 30 MEALS NA PARKING YES NO 125 +35 REGISTRATION NA AIRFARE REQUIRED CERTIFICATION 50 MILEAGE/FUEL NA MISC/TOLLS YES NO TOTAL FOR ALL: $ 240.00 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 f_leeitt` DE TMENT HE MAYOR 14 00 1 I (t2_,i9,0 DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED 610 31 4100 816 TRAVEL REQUEST FYt...° BUDGETED deae w CITY OF WATERLOO EXPENDED YTD THIS REQUEST o175U0 LEFT AFTER THIS REQUEST d�J,�'j 6/0 DATE i„,/ ? 'o4// Original-Clerk/Finance Copy- Department NAME(S) AND POSITION(S): DATE: Todd Derifield, City Forester 8/25/11 NAME OF CLASS/ MEETING: DESTINATION: Clinton, IA 2011 Iowa Park &Recreation Association Fall Workshop DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 9/20/11 9/21/11 9/20/11 - 9/21/11 PURPOSE OF TRAVEL/TRAINING *Educational in Park and Recreation Field *Waterloo is hosting the IPRA Spring Conference in April of 2012. As Co-Chair of this event my presence at this meeting is required to recruit members to come to Waterloo in the Spring. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: CI0 - 3 7-- t-.I I00 13(46 70 LODGING TAXI X GRANT REIMBURSABLE MEALS 20 PARKING YES NO 135 REGISTRATION AIRFARE X REQUIRED CERTIFICATION 50 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 275 TOTAL: $ 275 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 j?ad DEPARTM H MAYOR ) 77 91(4,71) DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED V O (�j 4,7 '6 / '-{ ST TRAVEL RE UE {;, Q FYr,,t. 7 BUDGETED 906,4 a� CITY OF WATERLOO EXPENDED YTD 3.77 /9 f THIS REQUEST _ ,;1&7(„f.00 LEFT AFTER THIS REQUEST j/737,2, S DATE 27i ':. ('..x// Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Cammie Scully, Director, and Kent Shankle, Curator, August 30, 2011 Waterloo Cultural and Arts Commission NAME OF CLASS/ MEETING: DESTINATION: New Orleans, LA National Haitian Art Conference and Annual meeting DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: RETURN DATE: DATE(S) OF MEETING: 10/27/11 11/02/11 10-28-11to 11-01-11 PURPOSE OF TRAVEL: To attend and coordinate—as Co-chairs the annual Haitian Art Conference and annual meeting in New Orleans. Schedule is attached. *As Co-chairs the hotel is comping two nights lodging for each of us which saves$725.00. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: COST$ YES NO METHOD OF TRAVEL: CITY VEHICLE PRIVATE VEHICLE XX AIRFARE DEPARTING FROM: Project Number: 26-stq-OSQ $8,600 available ESTIMATE OF COST: BUDGET LINE ITEM: 010-26-4265-1346travel 1,450.00* LODGING 100.00 TAXI XX GRANT REIMBURSABLE 420.00 MEALS PARKING YES NO 170.00 REGISTRATION 730.00 AIRFARE REQUIRED CERTIFICATION MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 2,870.00 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 ATE LOO ( / i/// t Ctha‘i DEPAR ENT HEA MAY August 30, 2011 9 1 'AQN DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 TRAVEL REQUEST FY_2012_ BUDGETED _ 5 aOO`' CITY OF WATERLOO EXPENDED YTD /() 30S' THIS REQUEST "/7 d ' LEFT AFTER THIS REQUEST 4.13„2 DATE 227L ',. 7=2.a// Original-Clerk/Finance Copy-Department NAME(S) AND POSITION(S): DATE: Officer's Joe Zubak& Mark Nissen September 7,2011 NAME OF CLASS/MEETING: DESTINATION: Johnston, Iowa Clandestine laboratory Safety Class DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: Return Date: DATE(S) OF MEETING: September 19, 2011 September 23, 2011 September 19-23, 2011 PURPOSE OF TRAVEL: Lt Cirksena is requesting authorization to send Officer's Joe Zubak and Mark Nissen to the Clandestine Laboratory Safety course on September 19-23, 2011, at the Midwest Counter drug Training Center in Johnston, Iowa. These Officers will be working with the Tri-County Drug Task Force in investigation of Clandestine Laboratories. This 40-hour course will meet OSHA requirements for certification to enter and dismantle clandestine laboratories. The cost of registration and hotel are paid through the Midwest Counter drug Training Center. The only cost would be meals each day for the officers. A city vehicle will be needed for travel to the training facility. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST$ YES NO METHOD OF TRAVEL: XX CITY VEHICLE PRIVATE VEHICLE AIRFARE DEPARTING FROM: ESTIMATE OF COST: BUDGET LINE ITEM: $0.00 LODGING TAXI x GRANT REIMBURSABLE $390.00 MEALS PARKING YES NO $0.00 REGISTRATION AIRFARE x REQUIRED CERTIFICATION $50.00 MILEAGE/FUEL MISC/TOLLS YES NO TOTAL FOR ALL: $ 440.00 TOTAL: $ 220.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE I APPROVE THIS TRAVEL REQUEST AND IS NECESSARY AND BENEFICIAL TO THE CITY • - -LO• 4 DEP-ARTMENT HEAD MAYOR DATE DATE CITY OF WATERLOO, IOWA weer .1 m WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319)291-4553 FAX(319)291-4523 %►foo LARRY N.SMITH SUPERINTENDENT Council Communication Mayor City Council Meeting: 9/12/11 BUCK Prepared: 9/7/11 CLARK Dept. Head Signature: # of Attachments: COUNCIL MEMBERS SUBJECT: Waste Water Operator DAVID JONES Ward Submitted by: Larry N. Smith, WMS Superintendent CAROLYN COLE Recommended City Council Action: Approval to appoint Andrew Bedard from the Ward 2 Civil Service list to a vacant position of Waste Water Operator at the Waste Management HAROLD Services Dept. effective September 26`h, 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 fy12 budget STEVE SCHMITT At-Large Policy Issue: Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 416% li CITY OF WATERLOO ' IOWA 4 irarok CITY ATTORNEYS OFFICE 715 Mulberry St. • Waterloo, (A 50703 • (319) 291-4327 Fax(319)291-4571 1'Orl_oo \0 JAMES E.WALSH,JR.,City Attorney • DAVID R.ZELLHO1;rEK,Assistant City Attorney Mayor BUCK CLARK COUNCIL September 12, 2011 MEMBERS DAVID JONES Ward 1 Mayor Buck Clark and City Council CAROLYN City Hall COLE Waterloo, IA 50703 Ward 2 HAROLD Dear Mayor Clark and Council Members: GETTY Ward 3 I have examined the bonds filed with the City Clerk/Auditor's Office up to the QUENTIN M. close of business on September 8, 2011. HART Ward 4 Of the J bonds submitted, l were approved and RON rejected, as shown on the attached list. WELPER Ward 5 Ve truly your , BOB GREENWOOD At-Large --�� sTEVE Davi R. Zellhoefer SCHMITT Assistant City Attorney At-Large DRZ:lc CITY WEBSITE:www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer BONDS FOR COUNCIL APPROVAL SEPTEMBER 12, 2011 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/12) AMOUNT: $5, 000.00 IA 578015 COMMUNICATION TECHNOLOGIES INC HUXLEY, IA CITY OF WATERLOO PAYMENT VOUCHER PV# ART082711 - Fi ante De . 0 1 `/']� DATE: 8/27/11 Vendor No. t Batch r PURCHASED BY: Keyed By Vendor Name: SCHMITT TELECOM PARTNERS Department• WATERLOO TER FOR THE ARTS Name/Address: 722 WATER STREET SUITE 400 225 C RCIAL STREET Address: 00, IA 50701 City & State: WATERLOO, IA 50703 Grant/Project Code # R Reference Purchase Order # *********************************** Invoice Invoice Date No. Amount Description G/L Distribution 8/26/11 43959w 8275.00 bld phone exps/moved ports-s+rsp-prb 409-26-4205-2152 • • Total: $275.00 Special Instruction: prob with wcp phone, connection from wca to wcp problems 0'// / 8/27/11 " tt0 Submitted By ! Date Approved By Date PV Prepared by Sheila Combs,9/6/11 CITY OF WATERLOO PAYMENT VOUCHER Vendor# q►'I"I FINANCE DEPT.ONLY Batch Number: Name SCHMITT TELECOM PARTNERS,INC Keyed by: Address 722 WATER ST SUITE 400 City/State/Zip WATERLOO,IA 50703 WATERLOO REGIONAL AIRPORT Reference Purchase Order# '"""""""" ""'**"*"""*"**"""*'"'*""' Grant/Project Code# Invoice Date Invoice# Qty./Unit Amount Description G/L Distribution 8/26/2011 43931w $ 140.00 Update phone system to allow 010 29 7700 1319 long distance dialing Special Instructions: 9/6/2011 $ 140.00 Snbtnitted Approved By Date An Equal Opportunity/Affirmative Action Employer 4. • I 6 * 6 I * 0 0 • El • • II • . * • S 41 0 -I -; It HOC) 0 0 ii, ,-.: 1,0 ..1.,. 1,• 1.-1,-- H ,,-, ....1 It-I 11 ii ..:K-^i .-.-Y 1, > Ci ^i ta 0 ••.-i 6) 0 1 HUZ ni It c r r --I rn to -.1 rn 0 .-i 4411 4 0 Z. -4 3) 73 11 a - n ,.... ,.., II,Psi r- ,...., # . r - .11, 4 :o 54 1 'Li1 4 2.; 7.,": . 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III I VI :P, CI 44 CI 0 0 C) /IV 11 -1 P.3 • 1 • IT) ' ' IITt 11 1.3" 1 41 ”Izss 12:1.4, 0 74 0 0 71 li :4, s-s. 0 I 0 isi tp 0 0 0 II I. II -I -P., All Ak ila Ak a AI Ak Ale * sr al at * a a a Ili Ili lk, IL ilk di CITY OF WATERLOO leilirNd 1///40 Council Communication City Council Meeting:August 15, 2011 Prepared: August 8, 2011 Dept. Head Signature: s # of Attachments: SUBJECT: Request the City Council adopt resolutions to preliminarily approve the request for the bid document and specifications for one (1) New Chipper Truck with Aerial Unit for Parks Department and to instruct the City Clerk to publish notice of hearing on bid document, specifications etc, as September 12, 2011 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approve Summary Statement: The Finance Committee at their August 15, 2011 meeting approved the request for authorization to seek bids. Expenditure Required: Est$145,000 Source of Funds: GO Bond Proceeds Policy Issue: NA Alternative: NA Background Information: Request Council adopt resolutions to set date of hearing for the purpose of purchasing one (1)New Chipper Truck with Aerial Unit for the Parks Department. This replacement is in line with the overall equipment replacement plan and budgeted for in the 2012 CIP. STATE OF IOWA, } Black Hawk County, SS I do solemnly swear that the annexed copy of legal City of Waterloo New Chipper Truck with Aerial Unit Notice was published in the Courier, a daily publication in Waterloo, Black Hawk County, Iowa, 1 time commencing on the 25th day of August, 2011 in the name of said publication, and that the annexed legal rate of advertised is the regular rate of said publication, and that the following is a correct bill for publishing said notice. Printer's Bill $19.16 NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of bids fur ONE(1)NEt1V CF7AL UN Tf2UCK WtFl AERIA UNIT . FOR THE PARKS DEPARTMENT Signed Sealed proposals will be received by the City Clerk of the City of Waterloo,Iowa, at her office in the City Hall of said City on the 12th day of September,2011,un- til 12:00 p.m.,for the.kurchase of One (1)New Chipper Truck with Aerial Unit for the Parks Department. Subscribed and 'worn to before me this fc All proposals received will be opened in the Council Chambers in the City Hall in the City of Waterloo,Iowa,on the 12th day of September,2011,at 5:30 p.m. Day of • A.D., 20 Bid proposals will be acted upon at that time or at such time as may then be Fe fixed. , u'�'®.-V„�,1 is a'v 9,. Notice is hereby given that the Council of the City of Waterloo will conduct a public al T16 hearing on the proposed specifications, / r j� bid document,etc.for the Purchase of One(1)New Chipper Truck with Aerial �.Unit for the Parks Department at 5:30 Notary Public p.m.on September 12,2011,in the Council Chambers in the City Hall in the City of Waterloo,Iowa. The proposed bid form is on file in the office of the City Received of Clerk for public examination. A bid doc- i� d ument may be obtained from the Public Works Director,1314 Black Hawk Street, Waterloo,Iowa,50703. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall,Waterloo,Iowa,before the date set for said hearing. the sum of By order of the Council of the City of Wa- terloo this 15th day of August,2011. Suzy Schares City Clerk Dollars. In full for publication of the above notice. Purchase of One (1) New Chipper Truck with Aerial Unit for Parks Department September 12, 2011 Bid Tab Estimate: $145,000.00 Bid Security Not Required Bidder Bid Amount Hawkeye International Trucks 2740 6th Street SW 16 7 6 97 0-0 Cedar Rapids, Iowa 52404 1 /o,eve T ck---,h Truck Country 700 29th, Avenue SW {off 910), 01' Cedar Rapids, Iowa 52404 Oa Q 7 de--;h Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-873 RESOLUTION CONFIRMING APPROVAL OF SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PURCHASE OF ONE (1) NEW CHIPPER TRUCK WITH AERIAL UNIT FOR PARKS DEPARTMENT. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Public Works Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of One (1) New Chipper Truck with Aerial Unit for Parks Department, in the City of Waterloo, Iowa, and WHEREAS, said Public Works Director did file said preliminary specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of One (1) New Chipper Truck with Aerial Unit for Parks Department, which were preliminarily approved by Resolution No. 2011-791 on August 15, 2011, and WHEREAS, a public hearing, upon notice, was held on September 12, 2011. 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 Chipper Truck with Aerial Unit for Parks Department, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 12th day of September, 2011 . Ernest G. Clark, Ma yor ayor ATTEST: Suzy S ares, CMC City Cl rk 1 1 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-873 RESOLUTION CONFIRMING APPROVAL OF SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC. , IN CONJUNCTION WITH THE PURCHASE OF ONE (1) NEW CHIPPER TRUCK WITH AERIAL UNIT FOR PARKS DEPARTMENT. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Public Works Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of One (1) New Chipper Truck with Aerial Unit for Parks Department, in the City of Waterloo, Iowa, and WHEREAS, said Public Works Director did file said preliminary specifications, bid document, form of contract, estimate of cost, etc. , in conjunction with the Purchase of One (1) New Chipper Truck with Aerial Unit for Parks Department, which were preliminarily approved by Resolution No. 2011-791 on August 15, 2011, and WHEREAS, a public hearing, upon notice, was held on September 12, 2011 . 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 Chipper Truck with Aerial Unit for Parks Department, in the City of Waterloo, Iowa, be, and the same are hereby, approved as filed. PASSED AND ADOPTED this 12th day of September, 2011 . 1?-L, Ernest G. Clark, Mayor ATTEST: (7-117-7)6•40Q c4; y Sc ares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-874 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE PURCHASE OF ONE (1) NEW CHIPPER TRUCK WITH AERIAL UNIT FOR PARKS DEPARTMENT. WHEREAS, by Resolution No. 2011-873, specifications, bid document, form of contract, etc. , in conjunction with the Purchase of One (1) New Chipper Truck with Aerial Unit for Parks Department, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on September 12, 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 purchase proceed in accordance with said specifications . PASSED AND ADOPTED this 12th day of September, 2011 . Ernest G. Clark, Mayor ATTEST: 1 Suzy Sc ares, CMC City Cl rk 1 1 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-874 RESOLUTION AUTHORIZING TO PROCEED IN CONJUNCTION WITH THE PURCHASE OF ONE (1) NEW CHIPPER TRUCK WITH AERIAL UNIT FOR PARKS DEPARTMENT. WHEREAS, by Resolution No. 2011-873, specifications, bid document, form of contract, etc. , in conjunction with the Purchase of One (1) New Chipper Truck with Aerial Unit for Parks Department, in the City of Waterloo, Iowa, have been approved and adopted by this Council after the public hearing on September 12, 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 purchase proceed in accordance with said specifications . PASSED AND ADOPTED this 12th day of September, 2011 . 7a1 Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cl rk CITY OF WATERLOO Council Communication City Council Meeting: September 1, 2011 Prepared: September 12, 2011 Dept. Head Signature: Bradley Hagen p;' # of Attachments: 1 SUBJECT: Approval of agreement with Panther Sports Properties, L.L.C. in the amount of $11,000 for marketing and promotion related to air service at Waterloo Regional Airport. Submitted by: Bradley Hagen,Airport Director Recommended City Council Action: Approval of agreement with Panther Sports Properties, L.L.C. in the amount of$11,000 for marketing and promotion related to air service at Waterloo Regional Airport. Summary Statement Expenditure Required: $11,000 Source of Funds: $8,800 (80%) from IDOT grant/$2,200 from Hotel/Motel Fund, if approved, or Airport Operations Fund if not approved. Policy Issue Alternative Background Information: The Waterloo Regional Airport has received a grant from IDOT to help sustain and upgrade air service. The grant provides $28,000 in an 80% match for eligible costs. We have a request in for Hotel/Motel funds for the 20% match. If the request is not approved, we will fund out of the Airport Operations Fund. The total budget will be $35000. We will fund an annual contract for air service consultant in addition to this agreement. The Airport has not worked with UNI before and our air service committee and Airport Board believe this marketing proposal will help promote the airport to UNI professors, staff, students, as well as alumni to help market the benefits of flying out of Waterloo. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-875 RESOLUTION APPROVING MARKETING AND SPONSORSHIP CONTRACT WITH PANTHER SPORTS PROPERTIES, L.L.C. OF CEDAR FALLS, IOWA AND DIRECTING EXECUTION OF SAID CONTRACT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Marketing and Sponsorship Contract dated September 12, 2011, in the amount of $11, 000 . 00, for marketing and promotion related to air service at the Waterloo Regional Airport, by and between Panther Sports Properties, L.L.C. of Cedar Falls, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 12th day of September, 2011 . d( Ernest G. Clark, ayor ATTEST: Suzy Sc ares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-875 RESOLUTION APPROVING MARKETING AND SPONSORSHIP CONTRACT WITH PANTHER SPORTS PROPERTIES, L.L.C. OF CEDAR FALLS, IOWA AND DIRECTING EXECUTION OF SAID CONTRACT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Marketing and Sponsorship Contract dated September 12, 2011, in the amount of $11, 000 . 00, for marketing and promotion related to air service at the Waterloo Regional Airport, by and between Panther Sports Properties, L.L. C. of Cedar Falls, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 12th day of September, 2011 . Lea/ 67° ‘`, Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Clerk :uoi;�uiao�uj punoi2larg ani2Euaa;jy anssl Aaijod spun3 jo aaJnos paainbag aan;ipuadxa 2uauta Aziuxuxns anozddy :uoi4a7 jiauno3 A i3 papuauzuioaag 104DalIG s)jaoAk aijgnd )F JA :Aq palliuxgns uTpjing sl.zoAk aijcjnd l JO uopDnxlsuoo pJ1m03 uopepossy uTUJI9 A4unoG Imejl Imig uzo.z. pzeme 000'000'I$2updaaae uounjosau goafg 1s :s3uaurtp-my 3o # :ain4euft puaH •;daU T I OZ '9 aaquzaidas :paa1daxd T I OZ 'Z T Jaquia;das :$upaalAT jiaunoo Au uoiluaiunuiuioo jiauno3 OOTH 1VM JO A.110 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-876 RESOLUTION APPROVING ACCEPTANCE OF BLACK HAWK COUNTY GAMING ASSOCIATION GRANT AGREEMENT AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Grant Agreement dated September 12, 2011, in the amount of $1, 000, 000 . 00, to be used for funding the Public Works Building Project, by and between the Black Hawk County Gaming Association 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 12th day of September, 2011 . Ze-4-151- Ernest G. Clark, Mayor ATTEST: Suzy Sc res, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-876 RESOLUTION APPROVING ACCEPTANCE OF BLACK HAWK COUNTY GAMING ASSOCIATION GRANT AGREEMENT AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Grant Agreement dated September 12, 2011, in the amount of $1, 000, 000 . 00, to be used for funding the Public Works Building Project, by and between the Black Hawk County Gaming Association 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 12th day of September, 2011 . 4tG. Cla ' rk, ayor ATTEST: I Suzy Sch res, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: September 12, 2011 Prepared: September 6, 2011 Dept. Head Signature: PH #of Attachments: 1 SUBJECT: BLACK HAWK COUNTY GAMING ASSOCIATION CONTRACT FOR BYRNES PARK DRAINAGE PROJECT Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Request Council approve and authorize the Mayor to sign agreement with Black Hawk County Gaming Association in the amount of$400,000. Two original grant forms are included for Mayor's signature. Expenditure Required : No required match. Source of Funds: Funding is available through G.O. bonds. Policy Issue: NA Alternative: NA Background Information: This contract is being awarded to improve drainage and stormwater issues at Byrnes Park and the surrounding neighborhood. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-877 RESOLUTION APPROVING ACCEPTANCE OF BLACK HAWK COUNTY GAMING ASSOCIATION GRANT AGREEMENT AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Grant Agreement dated September 12, 2011, in the amount of $400, 000 . 00, to be used for funding the Byrnes Park Drainage Project, by and between the Black Hawk County Gaming Association 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 12th day of September, 2011 . /AL/71' Ernest G. Clark, Mayor ATTEST: uzy Sciares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2011-877 RESOLUTION APPROVING ACCEPTANCE OF BLACK HAWK COUNTY GAMING ASSOCIATION GRANT AGREEMENT AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Grant Agreement dated September 12, 2011, in the amount of $400, 000 . 00, to be used for funding the Byrnes Park Drainage Project, by and between the Black Hawk County Gaming Association 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 12th day of September, 2011 . 71a4--/ Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk i CITY OF WATERLOO Council Communication City Council Meeting: September 12, 2011 Prepared: September 6, 2011 Dept. Head Signature: PH # of Attachments: 1 SUBJECT: BLACK HAWK COUNTY GAMING ASSOCIATION CONTRACT FOR CEDAR RIVER YOUTH SPORTS COMPLEX Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Request Council approve and authorize the Mayor to sign agreement with Black Hawk County Gaming Association for a grant in the amount of$500,000. Two original grant forms are included for Mayor's signature. Expenditure Required : No required match. Source of Funds: Funding is available through G.O. bonds. Policy Issue: NA Alternative: NA Background Information: This contract is being awarded jointly to the City of Waterloo and Build our Ballpark. This funding will be used to improve the youth baseball/softball complex in Cedar River Park. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-878 RESOLUTION APPROVING ACCEPTANCE OF BLACK HAWK COUNTY GAMING ASSOCIATION GRANT AGREEMENT AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Grant Agreement dated September 12, 2011, in the amount of $500, 000 . 00, to be used for funding the Cedar River Youth Sports Complex, by and between the Black Hawk County Gaming Association 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 12th day of September, 2011 . Lj��:C/( Cam' Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Clerk it Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-878 RESOLUTION APPROVING ACCEPTANCE OF BLACK HAWK COUNTY GAMING ASSOCIATION GRANT AGREEMENT AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Grant Agreement dated September 12, 2011, in the amount of $500, 000 . 00, to be used for funding the Cedar River Youth Sports Complex, by and between the Black Hawk County Gaming Association 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 12th day of September, 2011 . 7a6, E nest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: September 12, 2011 Prepared: September 6, 2011 Dept. Head Signature: PH #of Attachments: 1 SUBJECT: BLACK HAWK COUNTY GAMING ASSOCIATION CONTRACT FOR PUBLIC MARKET BUILDOUT Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Request Council approve and authorize the Mayor to sign agreement with Black Hawk County Gaming Association in the amount of$437,097. This funding is part of the WDC Allotment. Two original grant forms are included for Mayor's signature. Expenditure Required : No required match. Source of Funds: Funding is available through G.O. bonds. Policy Issue: NA Alternative: NA Background Information: This contract is to build out the public market building to house the RiverLoop Public Market Cooperative. Funding is part of the Waterloo Development Corporation allotment. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-879 RESOLUTION APPROVING ACCEPTANCE OF BLACK HAWK COUNTY GAMING ASSOCIATION GRANT AGREEMENT AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Grant Agreement dated September 12, 2011, in the amount of $437, 097 . 00, to be used for funding the Public Market Buildout to house the RiverLoop Public Market Cooperative, by and between the Black Hawk County Gaming Association 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 12th day of September, 2011 . 7a," Ernest G. Clark, Mayor ATTEST: Suzy Scha es, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2011-879 RESOLUTION APPROVING ACCEPTANCE OF BLACK HAWK COUNTY GAMING ASSOCIATION GRANT AGREEMENT AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Grant Agreement dated September 12, 2011, in the amount of $437, 097 . 00, to be used for funding the Public Market Buildout to house the RiverLoop Public Market Cooperative, by and between the Black Hawk County Gaming Association 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 12th day of September, 2011 . Z2/ fed irnest G. Cla , Mayor ATTEST: (:1L.-.4Z) Suzy Sores, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: 9-12-11 Prepared: 9-6-11 Dept. Head Signature: PH # of Attachments: 1 SUBJECT: Amendment to Public EXPO Management Agreement Submitted by: Paul Huting - Leisure Services Director Recommended City Council Action: Approve amendment. Summary Statement: The attached amendment was prepared by Chris Wendland in the Attorney's office to allow the City to enter directly into a lease with the RiverLoop Public Market Co-op for the Public Market Building. Expenditure Required - N/A Source of Funds - N/A Policy Issue - N/A Alternative: N/A Background Information: The City and WESCO entered into a Management Agreement date April 23, 2009. That Management Agreement gave WESCO authority to lease space in the Public Market Building. The proposed amendment is necessary in order to allow the City and Co-op to enter directly into a lease agreement for the Public Market Building(for purposes of operating a food store). WESCO did not approve the earlier amendment as approved by Council. WESCO has approved the attached amendment with wording changes relating to parking. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-880 RESOLUTION APPROVING AMENDMENT TO PUBLIC EXPO MANAGEMENT AGREEMENT WITH WATERLOO EXPO SERVICES CORP. (WESCO) AND DIRECTING EXECUTION OF SAID AMENDMENT BY MAYOR, AND RESCINDING RESOLUTION NO. 2011-813 IN ITS ENTIRETY. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Amendment to Public Expo Management Agreement dated September 12, 2011, to allow the City to enter directly into a lease agreement with the RiverLoop Public Market Co-op for the Public Market building for purposes of operating a food store, by and between Waterloo Expo Services Corp. (WESCO) 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. BE IT FURTHER RESOLVED, that Resolution No. 2011-813, be and the same, hereby rescinded in its entirety. PASSED AND ADOPTED this 12th day of September, 2011 . Ernest G. Clar , Mayor ATTEST : e--- 1 Suzy Sc ares, CMC City Clerk • Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-880 RESOLUTION APPROVING AMENDMENT TO PUBLIC EXPO MANAGEMENT AGREEMENT WITH WATERLOO EXPO SERVICES CORP. (WESCO) AND DIRECTING EXECUTION OF SAID AMENDMENT BY MAYOR, AND RESCINDING RESOLUTION NO. 2011-813 IN ITS ENTIRETY. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Amendment to Public Expo Management Agreement dated September 12, 2011, to allow the City to enter directly into a lease agreement with the RiverLoop Public Market Co-op for the Public Market building for purposes of operating a food store, by and between Waterloo Expo Services Corp. (WESCO) 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. BE IT FURTHER RESOLVED, that Resolution No. 2011-813, be and the same, hereby rescinded in its entirety. PASSED AND ADOPTED this 12th day of September, 2011 . ,e_ :3:411,--- ,?/ A:d7 Ernest G. Clark, Mayor ATTEST : S› Ikr J.17.).!D z-Y-liares, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: 9/12/11 Prepared: 9/6/11 Dept. Head Signature: PH # of Attachments: 0 SUBJECT: Resolution-to approve and authorize Mayor Clark to sign WATERLOO PUBLIC MARKET LEASE AGREEMENT Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Pass said Resolution Summary Statement: The City and RiverLoop Public Market Cooperative need to enter into a lease in order for the Co-op to open and run a market at the Public Market building in the Expo Plaza in downtown Waterloo. A lease document has been developed by the Chris Wendland in the City Attorney's office. The RiverLoop Public Market Cooperative Board will be meeting soon to approve the lease.A copy of the lease document is available in the City Clerk's Office for your review. Expenditure Required: NONE Source of Funds:N/A Policy Issue:N/A Alternative: N/A Background Information:A food market needs to be opened by September 30, 2011 to comply with provisions of a CAT grant contract with the Vision Iowa Board. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-881 RESOLUTION APPROVING WATERLOO PUBLIC MARKET LEASE AGREEMENT WITH RIVERLOOP PUBLIC MARKET COOPERATIVE AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Waterloo Public Market Lease Agreement dated September 12, 2011, to open and operate a market at the Public Market building, for the period September 1, 2011 through August 31, 2016, by and between the RiverLoop Public Market Cooperative 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 12th day of September, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cl rk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-881 RESOLUTION APPROVING WATERLOO PUBLIC MARKET LEASE AGREEMENT WITH RIVERLOOP PUBLIC MARKET COOPERATIVE AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Waterloo Public Market Lease Agreement dated September 12, 2011, to open and operate a market at the Public Market building, for the period September 1, 2011 through August 31, 2016, by and between the RiverLoop Public Market Cooperative 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 12th day of September, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk 1 CITY OF WATERLOO Council Communication City Council Meeting: 9/12/11 Prepared: 9/7/11 Dept. Head Signatur # of Attachments: 0 SUBJECT: Award Bid&Approve Purchase of one (1)John Deere 410J Backhoe from Murphy Tractor &Equipment, Waterloo, IA. Submitted by: 1B Bolger- Golf& Downtown Area Maintenance Manager Recommended City Council Action: Award Bid and Approve Purchase of: One (1) 2012 John Deere 410J Backhoe $114,900.00 Minus trade unit-$22,000 For a net total cost of$92,900.00 Summary Statement This unit will be utilized for all Leisure Services operations. Expenditure Required $92,900.00 Source of Funds General Obligation Bond Funds for Park Mowing & Maintenance Equipment Policy Issue N/A Alternative N/A Background Information: N/A Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-882 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF BID TO MURPHY TRACTOR & EQUIPMENT CO. OF WATERLOO, IOWA, IN CONJUNCTION WITH THE PURCHASE OF ONE (1) 2012 JOHN DEERE 410J BACKHOE WITH ATTACHMENTS, INCLUDING TRADE-IN, IN THE AMOUNT OF $92, 900 . 00 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Murphy Tractor & Equipment Co. of Waterloo, Iowa, in the amount of $92, 900 . 00, including trade-in, in conjunction with the Purchase of One (1) 2012 John Deere 410J Backhoe with Attachments described in the specifications heretofore adopted by this Council for said project with Resolution No. 2011-842, after public hearing on September 6, 2011 on published notice required by law, be and is hereby accepted. PASSED AND ADOPTED this 12th day of September, 2011 . t4141 Ernest G. Clark, Mayor ATTEST: Suzy Schares, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-882 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF BID TO MURPHY TRACTOR & EQUIPMENT CO. OF WATERLOO, IOWA, IN CONJUNCTION WITH THE PURCHASE OF ONE (1) 2012 JOHN DEERE 410J BACKHOE WITH ATTACHMENTS, INCLUDING TRADE-IN, IN THE AMOUNT OF $92, 900 . 00 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Murphy Tractor & Equipment Co. of Waterloo, Iowa, in the amount of $92, 900 . 00, including trade-in, in conjunction with the Purchase of One (1) 2012 John Deere 410J Backhoe with Attachments described in the specifications heretofore adopted by this Council for said project with Resolution No. 2011-842, after public hearing on September 6, 2011 on published notice required by law, be and is hereby accepted. PASSED AND ADOPTED this 12th day of September, 2011 . 1 Er est G. Clark, Mayor ATTEST: ‘'•kna11,31-411111b uzy Sc res, CMC City Cle k CITY OF WA'I'FRLOO Council Communication City Council Meeting: September 12, 2011 Prepared: September 7, 2011 Dept. Head Signature: PH # of Attachments: SUBJECT: 2011 CEDAR RIVER YOUTH SPORTS COMPLEX FENCING PROJECT Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action:Award Contract for the 2011 CEDAR RIVER YOUTH SPORTS COMPLEX FENCING PROJECT, 500 Block Burton Ave., to Miller Fence Co., Inc. of Waterloo, Iowa in the amount of Twenty Eight Thousand, Four Hundred Twenty One dollars and 00/100 ($28,421.00). Summary Statement: This Project consists of removal and replacement of fencing at East Exchange Ball Diamond (Cedar River/Exchange Youth Sports Complex). The backstop will be moved approx. 10 ft away from the drive for safer seating for spectators. The outfield fence is to be moved in from the toe of the levee. Expenditure Required: $28,421.00 Source of Funds: Project costs are to be funded with Leisure Services-Sports Facility Improvement G.O. Bond funds. Policy Issue: NA Alternative: NA Background Information: Leisure Services has been working with Bob Hellman and Build Our Ballpark to improve youth diamonds through the city. The current East Exchange fencing and backstop is reaching 30 years old. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-883 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO MILLER FENCE CO. , INC. OF WATERLOO, IOWA, IN CONJUNCTION WITH THE 2011 CEDAR RIVER YOUTH SPORTS COMPLEX FENCING PROJECT, IN THE AMOUNT OF $28, 421 . 00 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the contract with Miller Fence Co. , Inc. of Waterloo, Iowa, in the amount of $28, 421 . 00, in conjunction with the 2011 Cedar River Youth Sports Complex Fencing Project, described in the plans and specifications heretofore adopted by this Council for said project with Resolution No. 2011-844 after public hearing on September 6, 2011 on published notice required by law, be and is hereby awarded, the same being the apparent lowest bid for said project. PASSED AND ADOPTED this 12th day of September, 2011 . ‘'"/IL Ernest G. Clark, Mayor ATTEST: ---- 1 ,, Lt.P.d1.- ---;2) Suzy S ares, CMC City Cl rk 1 1 i I i 1 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-883 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO MILLER FENCE CO. , INC. OF WATERLOO, IOWA, IN CONJUNCTION WITH THE 2011 CEDAR RIVER YOUTH SPORTS COMPLEX FENCING PROJECT, IN THE AMOUNT OF $28, 421 . 00 . BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the contract with Miller Fence Co. , Inc. of Waterloo, Iowa, in the amount of $28, 421 . 00, in conjunction with the 2011 Cedar River Youth Sports Complex Fencing Project, described in the plans and specifications heretofore adopted by this Council for said project with Resolution No. 2011-844 after public hearing on September 6, 2011 on published notice required by law, be and is hereby awarded, the same being the apparent lowest bid for said project . PASSED AND ADOPTED this 12th day of September, 2011 . LL'6'e :)F Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cl rk CITY OF WATERLOO Council Communication City Council Meeting: September 12, 2011 Prepared: September 7, 2 11 Dept. Head Signature: # of Attachments: ' SUBJECT: FY2011 Edward Byrne Memorial Justice Assistance Grant Program (JAG) Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Request that City Council pass a resolution authorizing Mayor Clark to sign this grant award Summary Statement: The Waterloo Police Department, City of Waterloo, has been awarded the FY2o11 Edward Byrne Memorial Justice Assistance Grant (JAG) Program in the amount of$104,714.00. There is no cash match for this award. The City of Waterloo, City of Cedar Falls, and Black Hawk County have agreed to utilize the $104,714.0o in funding for the Tri-County Drug Task Force, a multi jurisdictional task force responsible for the investigation and prosecution of drug related crimes. Funds will be used toward personnel costs for personnel assigned to the Task Force from the Waterloo and Cedar Falls Police Departments and Black Hawk County Sheriffs and County Attorney's Offices. The City of Waterloo, Waterloo Police Department, has been designated as fiscal agent. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: :::::t:e:::ms ;, ;,6 ' • Bureau of Justice Assistance Office of Justice Programs Washington,D.C. 20531 September 2,2011 The Honorable Ernest Clark City of Waterloo 715 Mulberry Street Waterloo,IA 50703-5783 Dear Mayor Clark: On behalf of Attorney General Eric Holder,it is my pleasure to inform you that the Office of Justice Programs has approved your application for funding under the FY 11 Edward Byrne Memorial Justice Assistance Grant(JAG)Program Local Solicitation in the amount of$104,714 for City of Waterloo. Enclosed you will find the Grant Award and Special Conditions documents. This award is subject to all administrative and financial requirements,including the timely submission of all financial and programmatic reports,resolution of all interim audit findings,and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements,you will be in violation of the terms of this agreement and the award will be subject to termination for cause or other administrative action as appropriate. If you have questions regarding this award,please contact: - Program Questions,Lesley Walker,Program Manager at(202)307-0863;and - Financial Questions,the Office of the Chief Financial Officer,Customer Service Center(CSC)at (800)458-0786,or you may contact the CSC at ask.ocfo@usdoj.gov. Congratulations,and we look forward to working with you. Sincerely, Denise O'Donnell Director Enclosures `'— ' Department of Justice Y a/� K,EIiT Op;� a�i �� Office of Justice Programs ors 'b 4,g Bureau of Justice Assistance Grant PAGE I OF 6 t t'gnC I.RECIPIENT NAME AND ADDRESS(Including Zip Code) 4.AWARD NUMBER: 2011-DJ-BX-2462 City of Waterloo 715 Mulberry Street 5.PROJECT PERIOD:FROM 10/01/2010 TO 09/30/2014 Waterloo,IA 50703-5783 BUDGET PERIOD:FROM 10/01/2010 TO 09/30/2014 6.AWARD DATE 09/02/2011 7.ACTION IA.GRANTEE IRS/VENDOR NO. 8.SUPPLEMENT NUMBER Initial 426005329 00 9.PREVIOUS AWARD AMOUNT $0 3.PROJECT TITLE 10.AMOUNT OF THIS AWARD $104,714 Justice Assistance Grant(JAG) I I.TOTAL AWARD $104,714 12.SPECIAL CONDITIONS THE ABOVE GRANT PROJECT IS APPROVED SUBJECT TO SUCH CONDITIONS OR LIMITATIONS AS ARE SET FORTH ON THE ATTACHED PAGE(S). ' 13.STATUTORY AUTHORITY FOR GRANT This project is supported under FY I I(BJA-JAG)42 USC 3750,et seq. 15.METHOD OF PAYMENT GPRS AGENCY APPROVAL GRANTEE ACCEPTANCE 16.TYPED NAME AND TITLE OF APPROVING OFFICIAL 18.TYPED NAME AND TITLE OF AUTHORIZED GRANTEE OFFICIAL Denise O'Donnell Ernest Clark Director Mayor 17.SIGNATURE OF APPROVING OFFICIAL 19.SIGNATURE OF AUTHORIZED RECIPIENT OFFICIAL 19A.DATE AGENCY USE ONLY 20.ACCOUNTING CLASSIFICATION CODES 21. KDJUGT1546 FISCAL FUND BUD. DIV. YEAR CODE ACT. OFC. REG. SUB. POMS AMOUNT X B DJ 80 00 00 104714 OJP FORM 4000/2(REV.5-87)PREVIOUS EDITIONS ARE OBSOLETE. OJP FORM 4000/2(REV.4-88) ¢=;�h1ENT OFj Department of Justice Office of Justice Programs AWARD CONTINUATION 3 Bureau of Justice Assistance SHEET PAGE 2 OF 6 Heol=w: �'c-c JU Grant PROJECT NUMBER 201I-DJ-BX-2462 AWARD DATE 09/02/2011 SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth in the current edition of the Office of Justice Programs(OJP)Financial Guide. 2. The recipient acknowledges that failure to submit an acceptable Equal Employment Opportunity Plan(if recipient is required to submit one pursuant to 28 C.F.R.Section 42.302),that is approved by the Office for Civil Rights,is a violation of its Certified Assurances and may result in suspension or termination of funding,until such time as the recipient is in compliance. 3. The recipient agrees to comply with the organizational audit requirements of OMB Circular A-133,Audits of States, Local Governments,and Non-Profit Organizations,and further understands and agrees that funds may be withheld,or other related requirements may be imposed,if outstanding audit issues(if any)from OMB Circular A-133 audits(and any other audits of OJP grant funds)are not satisfactorily and promptly addressed,as further described in the current edition of the OJP Financial Guide. 4. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of the enactment,repeal,modification or adoption of any law,regulation or policy, at any level of government,without the express prior written approval of OJP. 5. The recipient must promptly refer to the DOJ OIG any credible evidence that a principal,employee,agent,contractor, subgrantee,subcontractor,or other person has either 1)submitted a false claim for grant funds under the False Claims Act;or 2)committed a criminal or civil violation of laws pertaining to fraud,conflict of interest,bribery,gratuity,or similar misconduct involving grant funds. This condition also applies to any subrecipients. Potential fraud,waste, abuse,or misconduct should be reported to the OIG by- mail: Office of the Inspector General U.S.Department of Justice Investigations Division 950 Pennsylvania Avenue,N.W. Room 4706 Washington,DC 20530 e-mail:oig.hotline@usdoj.gov hotline:(contact information in English and Spanish):(800)869-4499 or hotline fax:(202)616-9881 Additional information is available from the DOJ OIG website at www.usdoj.gov/oig. 6. Recipient understands and agrees that it cannot use any federal funds,either directly or indirectly,in support of any contract or subaward to either the Association of Community Organizations for Reform Now(ACORN)or its subsidiaries,without the express prior written approval of OJP. 7. The recipient agrees to comply with any additional requirements that may be imposed during the grant performance period if the agency determines that the recipient is a high-risk grantee.Cf.28 C.F.R.parts 66,70. OJP FORM 4000/2(REV.4-88) kotta Department of Justice Office of Justice Programs AWARD CONTINUATION 1:; 4!s Bureau of Justice Assistance SHEET PAGE 3 OF 6 Grant PROJECT NUMBER 2011-DJ-BX-2462 AWARD DATE 09/02/2011 SPECIAL CONDITIONS 8. Pursuant to Executive Order 13513,"Federal Leadership on Reducing Text Messaging While Driving,"74 Fed.Reg. 51225(October 1,2009),the Department encourages recipients and sub recipients to adopt and enforce policies banning employees from text messaging while driving any vehicle during the course of performing work funded by this grant,and to establish workplace safety policies and conduct education,awareness,and other outreach to decrease crashes caused by distracted drivers. 9. The recipient agrees to comply with applicable requirements regarding Central Contractor Registration(CCR)and applicable restrictions on subawards to first-tier subrecipients that do not acquire and provide a Data Universal Numbering System(DUNS)number. The details of recipient obligations are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ccr.htm(Award condition:Central Contractor Registration and Universal Identifier Requirements),and are incorporated by reference here. This special condition does not apply to an award to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own or operate in his or her name). 10. The recipient agrees to comply with applicable requirements to report first-tier subawards of$25,000 or more and,in certain circumstances,to report the names and total compensation of the five most highly compensated executives of the recipient and first-tier subrecipients of award funds. Such data will be submitted to the FFATA Subaward Reporting System(FSRS). The details of recipient obligations,which derive from the Federal Funding Accountability and Transparency Act of 2006(FFATA),are posted on the Office of Justice Programs web site at http://www.ojp.gov/funding/ffata.htm(Award condition:Reporting Subawards and Executive Compensation),and are incorporated by reference here. This condition,and its reporting requirement does not apply to grant awards made to an individual who received the award as a natural person(i.e.,unrelated to any business or non-profit organization that he or she may own operate in his or her name). 11. The recipient is required to establish a trust fund account.(The trust fund may or may not be an interest-bearing account.)The fund,including any interest,may not be used to pay debts or expenses incurred by other activities beyond the scope of the Edward Byrne Memorial Justice Assistance Grant Program(JAG).The recipient also agrees to obligate and expend the grant funds in the trust fund(including any interest earned)during the period of the grant.Grant funds (including any interest earned)not expended by the end of the grant period must be returned to the Bureau of Justice Assistance no later than 90 days after the end of the grant period,along with the final submission of the Federal Financial Report(SF-425). 12. To avoid duplicating existing networks or IT systems in any initiatives funded by BJA for law enforcement information sharing systems which involve interstate connectivity between jurisdictions,such systems shall employ,to the extent possible,existing networks as the communication backbone to achieve interstate connectivity,unless the grantee can demonstrate to the satisfaction of BJA that this requirement would not be cost effective or would impair the functionality of an existing or proposed IT system. 13. To support public safety and justice information sharing,OJP requires the grantee to use the National Information Exchange Model(NIEM)specifications and guidelines for this particular grant. Grantee shall publish and make available without restriction all schemas generated as a result of this grant to the component registry as specified in the guidelines. For more information on compliance with this special condition,visit http://www.niem.gov/implementationguide.php. OJP FORM 4000/2(REV.4-88) fox Department of Justice :5 ' Office of Justice Programs AWARD CONTINUATION s Q s3 Bureau of Justice Assistance SHEET PAGE 4 OF 6 • Grant PROJECT NUMBER 2011-DJ-BX-2462 AWARD DATE 09/02/2011 SPECIAL CONDITIONS 14. The grantee agrees to assist BJA in complying with the National Environmental Policy Act(NEPA),the National Historic Preservation Act,and other related federal environmental impact analyses requirements in the use of these grant funds,either directly by the grantee or by a subgrantee. Accordingly,the grantee agrees to first determine if any of the following activities will be funded by the grant,prior to obligating funds for any of these purposes. If it is determined that any of the following activities will be funded by the grant,the grantee agrees to contact BJA. The grantee understands that this special condition applies to its following new activities whether or not they are being specifically funded with these grant funds. That is,as long as the activity is being conducted by the grantee,a subgrantee,or any third party and the activity needs to be undertaken in order to use these grant funds,this special condition must first be met. The activities covered by this special condition are: a. New construction; b. Minor renovation or remodeling of a property located in an environmentally or historically sensitive area,including properties located within a 100-year flood plain,a wetland,or habitat for endangered species,or a property listed on or eligible for listing on the National Register of Historic Places; c. A renovation,lease,or any proposed use of a building or facility that will either(a)result in a change in its basic prior use or(b)significantly change its size; d. Implementation of a new program involving the use of chemicals other than chemicals that are(a)purchased as an incidental component of a funded activity and(b)traditionally used,for example,in office,household,recreational,or education environments;and e. Implementation of a program relating to clandestine methamphetamine laboratory operations,including the identification,seizure,or closure of clandestine methamphetamine laboratories. The grantee understands and agrees that complying with NEPA may require the preparation of an Environmental Assessment and/or an Environmental Impact Statement,as directed by BJA. The grantee further understands and agrees to the requirements for implementation of a Mitigation Plan,as detailed at http://www.ojp.usdoj.gov/BJA/resource/nepa.html,for programs relating to methamphetamine laboratory operations. Application of This Special Condition to Grantee's Existing Programs or Activities:For any of the grantee's or its subgrantees'existing programs or activities that will be funded by these grant funds,the grantee,upon specific request from BJA,agrees to cooperate with BJA in any preparation by BJA of a national or program environmental assessment of that funded program or activity. 15. The recipient agrees that any information technology system funded or supported by OJP funds will comply with 28 C.F.R.Part 23,Criminal Intelligence Systems Operating Policies,if OJP determines this regulation to be applicable. Should OW determine 28 C.F.R.Part 23 to be applicable,OJP may,at its discretion,perform audits of the system,as per the regulation. Should any violation of 28 C.F.R.Part 23 occur,the recipient may be fined as per 42 U.S.C. 3789g(c)-(d). Recipient may not satisfy such a fine with federal funds. 16. The recipient agrees to ensure that the State Information Technology Point of Contact receives written notification regarding any information technology project funded by this grant during the obligation and expenditure period.This is to facilitate communication among local and state governmental entities regarding various information technology projects being conducted with these grant funds.In addition,the recipient agrees to maintain an administrative file documenting the meeting of this requirement.For a list of State Information Technology Points of Contact,go to http://www.it.ojp.gov/default.aspx?area=policyAndPractice&page=1046. OJP FORM 4000/2(REV.4-88) f Q�,�ENr o\T' Department of Justice Office of Justice Programs AWARD CONTINUATION ; mq Q Bureau of Justice Assistance SHEET PAGE 5 OF 6 •e. Grant PROJECT NUMBER 201 I-DJ-BX-2462 AWARD DATE 09/02/2011 SPECIAL CONDITIONS 17. The grantee agrees to comply with the applicable requirements of 28 C.F.R.Part 38,the Department of Justice regulation governing"Equal Treatment for Faith Based Organizations"(the"Equal Treatment Regulation").The Equal Treatment Regulation provides in part that Department of Justice grant awards of direct funding may not be used to fund any inherently religious activities,such as worship,religious instruction,or proselytization.Recipients of direct grants may still engage in inherently religious activities,but such activities must be separate in time or place from the Department of Justice funded program,and participation in such activities by individuals receiving services from the grantee or a sub-grantee must be voluntary.The Equal Treatment Regulation also makes clear that organizations participating in programs directly funded by the Department of Justice are not permitted to discriminate in the provision of services on the basis of a beneficiary's religion. Notwithstanding any other special condition of this award,faith- based organizations may,in some circumstances,consider religion as a basis for employment. See http://www.ojp.gov/about/ocr/equal_fbo.htm. 18. The recipient acknowledges that all programs funded through subawards,whether at the state or local levels,must conform to the grant program requirements as stated in BJA program guidance. 19. Grantee agrees to comply with the requirements of 28 C.F.R.Part 46 and all Office of Justice Programs policies and procedures regarding the protection of human research subjects,including obtainment of Institutional Review Board approval,if appropriate,and subject informed consent. 20. Grantee agrees to comply with all confidentiality requirements of 42 U.S.C.section 3789g and 28 C.F.R.Part 22 that are applicable to collection,use,and revelation of data or information.Grantee further agrees,as a condition of grant approval,to submit a Privacy Certificate that is in accord with requirements of 28 C.F.R.Part 22 and,in particular, section 22.23. 21. The recipient agrees that funds received under this award will not be used to supplant State or local funds,but will be used to increase the amounts of such funds that would,in the absence of Federal funds,be made available for law ' enforcement activities. 22. Award recipients must submit quarterly a Federal Financial Report(SF-425)and annual performance reports through GMS(https://grants.ojp.usdoj.gov). Consistent with the Department's responsibilities under the Government Performance and Results Act(GPRA),P.L. 103-62,applicants who receive funding under this solicitation must provide data that measure the results of their work. Therefore,quarterly performance metrics reports must be submitted through BJA's Performance Measurement Tool(PMT)website(www.bjaperformancetools.org). For more detailed information on reporting and other JAG requirements,refer to the JAG reporting requirements webpage. Failure to submit required JAG reports by established deadlines may result in the freezing of grant funds and future High Risk designation. 23. The recipient agrees to monitor subawards under this JAG award in accordance with all applicable statutes,regulations, OMB circulars,and guidelines,including the OJP Financial Guide,and to include the applicable conditions of this award in any subaward.The recipient is responsible for oversight of subrecipient spending and monitoring of specific outcomes and benefits attributable to use of JAG funds by subrecipients.The recipient agrees to submit,upon request, documentation of its policies and procedures for monitoring of subawards under this award. 24. Award recipients must verify Point of Contact(POC),Financial Point of Contact(FPOC),and Authorized Representative contact information in GMS,including telephone number and e-mail address. If any information is incorrect or has changed,a Grant Adjustment Notice(GAN)must be submitted via the Grants Management System (GMS)to document changes. OH FORM 4000/2(REV.4-88) • T F Department of Justice " Office of Justice Programs AWARD CONTINUATION '��U `e } Bureau of Justice Assistance SHEET PAGE 6 OF 6 Y)`Vo-OVN ?sriG£Q. ✓ Grant PROJECT NUMBER 2011-DJ-BX-2462 AWARD DATE 09/02/2011 SPECIAL CONDITIONS 25. The grantee agrees that within 120 days of award acceptance,each member of a law enforcement task force funded with these funds who is a task force commander,agency executive,task force officer,or other task force member of equivalent rank,will complete required online(intemet-based)task force training.The training is provided free of charge online through BJA's Center for Task Force Integrity and Leadership(www.ctfli.org). All current and new task force members are required to complete this training once during the life of the award,or once every four years if multiple awards include this requirement.This training addresses task force effectiveness as well as other key issues including privacy and civil liberties/rights,task force performance measurement,personnel selection,and task force oversight and accountability.Additional information is available regarding this required training and access methods via BJA's web site and the Center for Task Force Integrity and Leadership(www.ctfli.org). OJP FORM 4000/2(REV.4-88) Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-884 RESOLUTION APPROVING GRANT AGREEMENT WITH THE DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the FY 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Agreement dated September 12, 2011, in the amount of $104, 714 . 00, with no required city match, to be used for funding the Tri-County Drug Enforcement Task Force, by and between the Department of Justice, Bureau of Justice Assistance 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 12th day of September, 2011 . Ernest G. Clark, Mayor ATTEST: .g. Suzy Sc ares, CMC City Cl rk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-884 RESOLUTION APPROVING GRANT AGREEMENT WITH THE DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the FY 2011 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Agreement dated September 12, 2011, in the amount of $104, 714 . 00, with no required city match, to be used for funding the Tri-County Drug Enforcement Task Force, by and between the Department of Justice, Bureau of Justice Assistance 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 12th day of September, 2011 . /44.L1 ze, Ernest G. Clark, ayor ATTEST: Suzy S hares, CMC City C erk CITY OF WATERLOO Council Communication City Council Meeting: September 12, 2011 Prepared: September 7, 2011 Signature: Daniel Trelka # of Attachments: 7 SUBJECT: Automobile Lease Agreement between Waterloo Police Department/City of Waterloo and C&S Car Company Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Adopt a resolution authorizing Mayor Clark and City Clerk Suzy Schares to sign the attached lease from C&S Car Company Summary Statement: On May 3, 2011, City Council approved a six-month lease between Waterloo Police Department/City of Waterloo and C&S Car Company. On August 31st,we were informed that C&S Car Company sold the vehicle and is replacing it with another vehicle. We are requesting that City Council approve the new Automobile Lease Agreement between C&S Car Company and the City of Waterloo, allowing Mayor Clark and Suzy Schares sign said agreement. The lease will run from September 12, 2011 to March 12, 2012. Expenditure Required: No financial contribution is needed by the City of Waterloo Source of Funds: N/A Policy Issue: N/A Alternative: N/A Background Information: 0 4 AUTOMOBILE LEASE AGREEMENT This Agreement is made and entered into this day of September, 2011, by and between C & S Car Company Hyundai Mazda Subaru, with its principal place of business at 812 Washington Street, Waterloo, Iowa (the Lessor) and the City of Waterloo, Iowa, a municipal corporation duly organized under the laws of the State of Iowa, (the Lessee), whose address for purposes of this Lease Agreement is 715 Mulberry Street, Waterloo, Iowa, 50703. RECITALS WHEREAS, C & S Car Company Hyundai Mazda Subaru is in the business of selling motor vehicles; and WHEREAS, C & S Car Company Hyundai Mazda Subaru is desirous of leasing to the City's Police Department, a white 2011 Hyundai Santa Fe GLS; VIN 5XYZGDAB9BG083385 and WHEREAS, City is in need of a van for the purposes of its Life Skills Program. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and agreements contained herein, and for other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree as follows: TERMS 1. LEASE. The Lessor leases to the Lessee the motor vehicle described above from September 12th, 2011, to March 12th, 2012, unless the Lessor shall extend this Lease Agreement. 2. VEHICLE USE. (a) The Lessee shall not use or permit any leased vehicle to be used for any illegal purpose or for the transportation of any material deemed extra hazardous by reason of being explosive or flammable. The Lessee shall reimburse the Lessor for all damages sustained by the Lessor as a result of such use. The Lessee shall also reimburse the Lessor for any vehicle confiscated by any governmental agency, or other expense incurred as a result thereof, whenever such confiscation or expense is caused by the illegal use of such vehicle by the Lessee. (b) Without the permission of the Lessor, the Lessee shall not leave the State of Iowa with the leased vehicle. (c) The Lessee shall not overload the leased vehicle beyond its specified carrying capacity nor operate the vehicle on flat or insufficiently inflated tires. - 1 - (d) The Lessor shall not be responsible for loss or damage to any goods or other property placed or carried in any leased vehicle arising from any cause whatsoever. (e) The Lessee shall not accrue more than 4,000 miles on the vehicle in any six (6) month period. 3. OPERATION. (a) The leased vehicle shall be operated by a safe, competent, and duly licensed driver selected, employed, and under the supervision of, and paid by the Lessee. Upon the Lessor's complaint specifying any reckless, careless, or abusive handling of any vehicle by a driver, the Lessee shall investigate the complaint, and if warranted, remove the driver and replace him or her with a competent substitute. (b) The Lessee and its drivers shall be solely responsible for individual fines and penalties for parking or traffic violations. If the Lessor is required to pay any fine or summons, it may bill the Lessee for them. 4. MAINTENANCE OF THE VEHICLE. The Lessee will bear all expense of maintaining the leased vehicle in good and operating condition. If the necessary repairs exceed the amount of $100.00 in any one given month, the Lessee will first consult the Lessor whose written instructions with regard to repair will be followed. 5. LIABILITY. The Lessee shall be liable for all damages caused by collision, upset, or overturn of the leased vehicle and all damaged caused by each instance of a hazard covered under standard comprehensive fire and theft coverage. 6. INSURANCE. (a) The Lessee, at its own expense shall insure the leased vehicle against all loss and carry liability insurance in limits of not less that $1,000,000 for any one person injured or killed, not less than $1,000,000 for more than one person in any one accident and not less than $100,000 for damage to property of others in any one accident. (b) The Lessee shall comply with all the terms and conditions of the insurance policies covering the leased vehicle and give the Lessor and the appropriate insurance carrier, within 24 hours of any accident involving a leased vehicle, a written report of such accident. The Lessee shall cooperate with the insurance carrier and the Lessor in the prosecution and defense of any and all claims arising out of the use of the leased vehicle. (c) The parties agree that the comprehensive coverage of the policy as to collision and other damages may be provided by the Lessee through its own self- insured program. -2 - 7. THE LESSEE'S DUTIES. At its own expense, the Lessee shall: (a) Notify the Lessor immediately as to any damage caused to the leased vehicle; (b) Periodically wash the leased vehicle, and keep it clean, both inside and out; (c) Supply the necessary gasoline, oil, with Hyundai oil filter and lubricants for its operation; (d) Check the leased vehicle for antifreeze and oil and add, if necessary; the Lessee will be solely responsible for damages caused by lack of oil, lubricants, or antifreeze; (e) Check the tires of the vehicle for proper inflation; the Lessee will be solely responsible for tire damage due to improper inflation; (f) Carry sufficient Workers' Compensation or other work-related injury/disability insurance coverage for the Lessee's drivers and other employees operating the leased vehicle. 8. LICENSE AND REGISTRATION. The leased vehicle shall bear a license plate, and title to it shall be registered in the name of the Lessor. All expenses incurred in licensing and registering the leased vehicle shall be borne by the Lessee. Lessor shall license the vehicle in its name, and Lessee shall furnish a copy of the title, lease agreement, application for registration, and state plates to the Iowa Department of Transportation. 9. OWNERSHIP. This is a lease contract only and the Lessee acquires no ownership, title, property rights, or interest in or to the leased vehicle, except that which is consistent with the provisions of this Lease Agreement. 10. RETURN. Upon the termination of this lease, the leased vehicle, at the expense of the Lessee shall be returned to the Lessor's place of business in good condition, reasonable wear and tear excepted. Lessee will be responsible for removal of any logos added to the vehicle. 11. INSPECTION. The Lessee shall permit the Lessor and/or its agents at all times to inspect and examine the leased vehicles and permit the Lessor at any time to replace any such vehicle with one of like make and body. 12. EXTENSION OF THE LEASE TERM. On March 12th, 2012, the Lessor may opt to extend the lease by an express written amendment to this Lease Agreement. If the Lessor does not exercise the option, the lease will terminate and the City shall return to the Lessor the vehicle excluding ordinary wear and tear for the - 3 - purpose which it is used. The Lessor agrees that the City may affix the SRO (School Resource Officer) logo by paint or otherwise and any other body and paint modifications approved by the Lessor at the time of the initiation of this lease agreement. 13. Without the prior permission of the Lessor, the Lessee shall not be permitted to assign or sublet the vehicle. 14. WAIVER. The failure of either party in any one or more instance to insist upon the performance of any of the terms, covenants, or conditions of this lease, or to exercise any right or privilege in this lease conferred, or the waiver of any breach of any of the terms, covenants, or conditions of this lease, shall not be construed as thereafter waiving any such terms, covenants, conditions, rights, or privileges, all of which shall continue and remain in full force and effect, as if no such forbearance or waiver had occurred. 15. INDEMNITY. The Lessor does not assume any liability for any acts or omissions of the Lessee or the Lessee's drivers, agents, or employees. The Lessee hereby releases the Lessor and agrees to indemnify the Lessor and hold it harmless from any and all claims against the Lessor of any kind or nature whatsoever, arising out of or resulting from the use and/or operation of the leased vehicle by the Lessee, including any expenses and attorney's fees which the Lessor may incur in defending any such claims, except such claims or portions thereof as are covered by applicable insurance as otherwise herein provided. 16. BINDING EFFECT. This lease shall be binding upon and inure to the benefit of the parties hereto, their successors, legal representatives, and assigns. The Lessee may not assign, pledge, or otherwise encumber this lease or any interest therein or sublet the leased vehicle without the Lessor's written consent, nor shall the Lessee encumber or otherwise cause any lien to be placed against the leased vehicles, or abandon or conceal the leased vehicles. 17. ENTIRE AGREEMENT. This lease together with Schedule A represents the entire agreement between the parties. All prior negotiations have been merged into this lease and there are no understandings, representations, or agreements, oral or written, express or implied, other than those set forth herein. This lease shall not be modified or amended except by an agreement in writing signed by the parties. 18. NOTICES. All notices required to be given under the terms of this lease shall be in writing and shall be sent by United States registered mail or certified mail addressed to the party to be notified at its address as above stated. For the Lessee, Chief of Police or Captain Pillack, Waterloo Police Department, 715 Mulberry Street, Waterloo, Iowa, 50703, telephone number (319) 291-4339. For the Lessor, George Cooley or his designee, C & S Car Company Hyundai Mazda Subaru, 812 Washington Street, Waterloo, Iowa, 50702, telephone number (319) 291-7321. -4 - 19. GOVERNING LAW. This lease shall in all respects be governed by and construed in accordance with the laws of the State of Iowa. 20. HEADINGS. Headings in this lease are for convenience only and shall not be used to interpret or construe its provisions. 21. COUNTERPARTS. This lease may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first written above. DATED this day of September, 2011. CITY OF WATERLOO, IOWA The Lessee By: Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk STATE OF IOWA ) ss: BLACK HAWK COUNTY ) On this day of September, 2011, 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 City Clerk, respectively, of the City of Waterloo, Iowa; and that the seal affixed to the foregoing instrument is the corporate sale 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 adopted by the City Council, under Council Action No. of the City Council on the day of September, 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 -5 - C & S CAR COMPANY HYUNDAI MAZDA SUBARU The Lessor By: STATE OF IOWA ) ss: BLACK HAWK COUNTY ) On this day of September, 2011, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared and , to me personally known, and who, being by me duly sworn, did say that they are the and , respectively, of said corporation executing the within and foregoing instrument, that (no seal has been procured by the said) (the seal affixed thereto is the seal of said) corporation; that said instrument was signed (and sealed) on behalf of said corporation by authority of its Board of Directors; and that the said and as such officers acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. Notary Public in and for the State of Iowa -6 - SCHEDULE A 2011 Hyundai Santa Fe GLS, VIN # 5XYZGDAB9BG083385 - 7 - Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-885 RESOLUTION APPROVING AUTOMOBILE LEASE AGREEMENT WITH C & S CAR COMPANY HYUNDAI MAZDA SUBARU AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Automobile Lease Agreement dated September 12, 2011, to provide a 2011 Hyundai Santa Fe GLS van to be used by the Waterloo Police Department School Resource Officer Program, for the period September 12, 2011 to March 12, 2012, by and between C & S Car Company Hyundai Mazda Subaru 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 12th day of September, 2011 . eAL, Ernest G. Clark, Mayor ATTEST : Suzy Sch res, CMC City Clerk Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-885 RESOLUTION APPROVING AUTOMOBILE LEASE AGREEMENT WITH C & S CAR COMPANY HYUNDAI MAZDA SUBARU AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Automobile Lease Agreement dated September 12, 2011, to provide a 2011 Hyundai Santa Fe GLS van to be used by the Waterloo Police Department School Resource Officer Program, for the period September 12, 2011 to March 12, 2012, by and between C & S Car Company Hyundai Mazda Subaru 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 12th day of September, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC i City Clerk CITY OF WATERLOO Council Communication City Council Meeting: September 12, 2011 Prepared: September 7, 2011 Dept. Head Signature: Eric Thorson, City Engineer # of Attachments: SUBJECT: F.Y. 2012 SECOR Railroad Spur City Contract No. 794 RRLG-ST10(02)-9T 11 Rail Spur Agreement With Secor Investments, L.L.C. Submitted by: Jeff Bales,Associate Engineer Recommended City Council Action: It is recommended that Council approve the Rail Spur Agreement with Secor Investments, L.L.C. and authorize the Mayor to sign and enter into said agreement. Summary Statement: This agreement provides for the construction cooperation and ownership and maintenance of the railroad spur to be constructed under the above-referenced project. The City will construct the spur on Secor's property and they will become the owner of the rail spur and will be solely responsible for it's maintenance. The agreement further provides for the City's obligations under the Grant Agreement and covenants of the Secor, and other terms such as those pertaining to indemnity, amendment and severability. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: The City has entered into a Development Agreement(DA)with Secor Investments LLC for the redevelopment and expansion of the former Windor building and site at 3215 Lafayette Street. Under terms of the DA, the City must install a railroad spur to serve the future improvements and development of the site. State funds have been secured from the DOT's Rail Revolving Loan and Grant Program(RRLGP) to help finance the development of approximately 800 lineal feet of railroad spur. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-886 RESOLUTION APPROVING RAIL SPUR AGREEMENT WITH SECOR INVESTMENTS, L.L.C. OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Rail Spur Agreement dated September 12, 2011, for the construction cooperation, ownership and maintenance of the rail spur to be constructed on Secor Investments, L.L.C. ' s property in conjunction with the F.Y. 2012 SECOR Railroad Spur, Contract No. 794, by and between Secor Investments, L.L.C. 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 12th day of September, 2011 . 4e:e4-41 06f Ernest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk CITY OF WA'I ERLOO Council Communication City Council Meeting: September 12, 2011 Prepared: September 6, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: SUPPLEMENTAL PROFESSIONAL SERVICES AGREEMENT FOR THE CEDAR RIVER WATER TRAIL-PORTAGES AROUND THE PARK AVENUE DAM AND 6Th STREET DAM CITY CONTRACT#734 Submitted by: Jamie Knutson, P.E.,Associate Engineer Recommended City Council Action: Staff has reviewed this agreement and recommends Council approve this document and authorizes Mayor to sign and enter into said agreement. Summary Statement Transmitted herewith is the Supplemental Professional Services Agreement with AECOM for the additional design of the portage at E. 7th Street as part of the Cedar River Water Trail. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required Compensation for services of this Agreement will be on fixed cost and other direct expenses in effect at the time the services are performed. Cost for the services is ten thousand Dollars($10,000.00) for design and ten thousand Dollars ($10,000.00) for additional inspection required due to the change in the wall type and shall not be exceeded without authorization of the City. The additional design and inspection will be paid for out of current G.O. Bond funds. Source of Funds G.O. Bond funds Policy Issue N/A Alternative N/A Background Information During the initial construction of the portage at E. 7th Street, it was determined that the wall as originally designed is inadequate for the soil conditions encountered in the river. In order to complete the portage a different wall needs to be designed based on the conditions encountered in the river. The new wall will be a sheet pile wall encased in concrete. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2011-887 RESOLUTION APPROVING SUPPLEMENTAL AGREEMENT NO. 2 WITH AECOM TECHNICAL SERVICES, INC. OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that Supplemental Agreement No. 2 dated September 12, 2011, at a cost not to exceed $10, 000 . 00, for additional design and construction-related services for the Cedar River Water Trail - Portages at Park Avenue, Paramount Park and 6th Street Dam, Contract No. 734, by and between AECOM Technical Services, 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 l2th day of September, 2011 . 7,4,1 Erne G. Mayor ATTEST: ! ' c Suzy Sch res, CMC City Cler CITY OF WATERLOO Council Communication City Council Meeting: September 12, 2011 Prepared: September 6, 2011 Dept.Head Signature: Eric Thorson, PE, City Engineer #of Attachments: SUBJECT: Delane Avenue Watershed Storm Water Improvements Submitted by: W. Wayne Castle, PLS, EI,Associate Engineer Recommended City Council Action: Approve and authorize Mayor to sign agreement Summary Statement: Under this agreement,JDE Engineering will analyze the Delane Avenue Watershed to determine the sizing needed for a storm water detention basin to handle a 100-year storm event. Using this data,JDE Engineering will then begin preliminary design work to size the proposed basin within the former Devonshire School property, hopefully leaving land available for residential development, and develop a preliminary construction cost estimate. Additionally, the Delane Avenue waterway is an unstudied creek on the current FEMA flood maps, resulting in numerous properties being included in a Zone A, Special Flood Hazard Area. It is hoped that the data from this study can be used by the Iowa DNR to determine Base Flood Elevations for the flood zone,which could potentially allow for affected properties to have their flood insurance reduced or the requirement removed altogether. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required: $158,500 Source of Funds: General Obligation Bonds Policy Issue: N/A Alternative: N/A Background Information: In 1976, the City of Waterloo contracted Brice, Petrides &Associates, Inc. (now part of AECOM) to study the Delane Avenue Watershed, to analyze flooding issues and develop solutions to alleviate flooding problems. Several of the smaller recommended improvements (new storm sewer, drainage way improvements, culvert upgrades) have been made, but the largest recommendation, complete replacement of the culvert under Delane Avenue or it's alternative, a storm water detention basin, has not. Page 1 of 2 --'r In 1977, the estimated cost of replacing the Delane Avenue culvert was $1,119,000 with the storm water detention basin estimated at$1,052,000. Engineering has reviewed the estimated construction costs from that 1977 study and estimates current construction costs for the culvert replacement to be around $2.5 million with the storm water detention basin around $2 million. Replacing the Delane Avenue culvert requires the complete reconstruction of Delane Avenue, interrupting the access for 25 homes (17 on Delane Avenue and Martin Road, 8 on Bruce Lane, a cul-de-sac off Delane Avenue) for an undetermined number of months. A storm water detention basin could be constructed on the former Devonshire School property, property that the City now has an option on, with little to no impact on access to surrounding homes. Additionally, if land is available, the basin could be designed to control storms larger than a 100-year event and possibly allow for other storm sewers in the neighborhood to be directed into the basin to further ease local flooding. Engineering thus recommends that the storm water detention basin alternative be constructed and preliminary design started with the funds that are available. Page 2 of 2 Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703. RESOLUTION NO. 2011-888 RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH JDE ENGINEERING, PLC OF LAPORTE CITY, IOWA 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 September 12, 2011, in an amount not to exceed $158, 500 . 00, for professional engineering services in conjunction with the Delane Avenue Watershed Storm Water Detention Area Development, by and between JDE Engineering, PLC of LaPorte City, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 12th day of September, 2011 . Z.4Y ,144/ Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: September 12, 2011 Prepared: September Dept. Head Signature: Eric Thorson # of Attachments: SUBJECT: F.Y. 2007 WATERLOO DAM REHABILITATION AND RIVERWALL RECONSTRUCTION Contract No. 713 NOTICE OF DISCONTINUATION Submitted by: Jamie Knutson, P.E.,Associate Engineer 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. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-889 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. 2007 Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713, 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 12th day of September, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sc a es, CMC City Cl rk � ;;'-,� , CITY OF WATERLOO , IOWA �'T1 m COMMUNITY PLANNING AND DEVELOPMENT ---- , - 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 ..Ir100 �0 NOEL C.ANDERSON,Community Planning&Development Director Council Communication Mayor City Council Meeting: September 12, 2011 BUCK Prepared: September 7, 2011 CLARK Dept. Head Signature: Noel Anderson # of Attachments: // COUNCIL MEMBERS SUBJECT: Request to approve and accept certain acquisition contracts and DAVID accepting and approving certain deeds to sell real property to the City of Waterloo JONES for the partial acquisition of right-of-way, permanent easements and temporary Ward 1 easements from Charles J. Walker($4,170.00), related to the West Shaulis CAROLYN Road/Ansborough Avenue reconstruction project 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 by the City of Waterloo to QUENTIN accept certain acquisition contracts and accepting and approving certain deeds to HART Ward 4 sell real property to the City and permanent and temporary easements in conjunction with the West Shaulis Road/Ansborough Avenue reconstruction RON project (IDOT# STP-U-8155(711)-70-07). Currently, City staff is in the process WELPER of working with all property owners that would be impacted by the roadway Ward 5 project to obtain necessary documents to receive temporary easements,permanent BOB easements and right-of-way. At this time, staff has received a signature of GREENWOOD approval from Charles J. Walker. At-Large STEVE The property owner in question will be compensated the following amount for the SCHMITT acquisition of right-of-way, permanent easements and temporary easements: At-Large ■ Charles J. Walker $ 4,170.00 Please see the attached acquisition contract, which breaks down into more detail on what the property owner was compensated for, i.e. right-of-way, permanent easements,temporary easements. The Federal Highway Administration has approved the proposed acquisition contracts and amounts. As you are aware, the City received $4.5 million from the Surface Transportation Program to extend Shaulis Road and improve Ansborough Avenue south of Highway 20 to West Shaulis Road. Awarding of these funds requires the City come up a with a 20%match. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! III An Equal Opportunity/Affirmative Action Employer Expenditure Required: $900,000 (20%match) Source of Funds: Local Option Funds Policy Issue: Transportation, Economic Development, Land Use Alternative: n/a 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: See attached legal description ta:NA cc: Aric Schroeder,City Planner Eric Thorson,City Engineer Jeff Bales,Associate Engineer Chris Wendland,Legal --file-- ACQUISITION CONTRACT • Parcel Nos. Rrz1'_nR-49A-nna and RR73-nR-a76-ono PROJECT Shnulic Rand Fxfpncinn/Anchnrnugh AvPnuP ImprnvpmPntc THIS ACQUISITION CONTRACT(the"Contract")is made and entered into as of ,2011 by and between r'hndpc I Wnikpr ("Seller"),and City of Waterloo,Iowa,("Buyer"). 1. Seller agrees to sell to Buyer, and Buyer agrees to buy, the following real estate and/or easement interests (the "Property"), described as: SPA IpgnI dperripfinnc attnrhed ac Fxhihit"A-1, A_9 and A_3",City of Waterloo,State of Iowa,which includes the buildings,improvements and other fixtures thereon. The Property also includes, if applicable, all estates, rights, title and interests, including all easements, and all advertising devices and the right to erect such devices as are located thereon. 2. Possession of the Property is the essence of this Contract,and Buyer may enter and assume full use and enjoyment of the premises per the terms of this Contract. Seller hereby grants Buyer the immediate right of access and entry to the Property for project purposes, including but not limited to gathering survey and soil data. Seller may surrender possession of the Property or any part thereof prior to the time at which it has hereinafter agreed to do so, and agrees to give Buyer ten(10)days notice of Seller's intention to do so by calling Buyer at(319)291-4366. 3. The Purchase Price shall be $4,170 on , based on a fee title value of$12,000 per acre, as itemized on Exhibit "B" attached hereto. Of the Purchase Price,$100.00 is on deposit with the law office of Clark,Butler,Walsh&Hamann, to be held in trust,and the balance of the Purchase Price shall be due and payable in full at closing,to be delivered to the Seller upon performance of Seller's obligations and satisfaction of Buyer's contingencies, if any. If this Contract is not accepted by Seller or if it is rescinded by Buyer for failure of title or any other reason provided for in this Contract, then the earnest money shall be returned to Buyer. Any other release of eamest money shall require the written consent of both parties. In addition to the Purchase Price,if Seller is eligible for relocation expenses then it shall also receive relocation housing costs equal to the amount by which the Purchase Price of Seller's replacement property exceeds$118,800,up to a maximum award of$22,500. 4. Possession of the Property shall be delivered to Buyer at closing,which shall occur on or before as the parties may hereafter agree,but in any event after the approval of title by Buyer and satisfaction or waiver of contingencies, if any. No later than the closing date, Seller shall remove from the Property all of its personal property,trash,and debris of any type that is not a structure or a fixture. Within said time Seller shall also remove all hazardous materials and/or substances from the Property on or above the ground surface, including but not limited to barrels, cans, or bottles of any kind. Costs incurred by Buyer to remove any items left behind by Seller shall be set off against moving costs and/or other expenses that Buyer agrees to reimburse to Seller under this Contract. 5. Seller warrants that there are no tenants on the Property holding under a lease except: 6. This Contract shall apply to and bind the legal successors in interest of the Seller, and Seller agrees to pay all encumbrances, claims, liens and assessments against the Property, including all taxes and special assessments payable until surrender of possession as required by Section 427.2 of the Code of Iowa, and agrees to warrant merchantable title. Names and addresses of lienholders are: (n)Black Hawk rat inty,town,far imps (b)I Inknown until rampletian of abstract rontini cation 7. Buyer may include mortgagees, lienholders, encumbrances and taxing authorities as payees on warrants as contract payment. Seller will furnish and deliver to Buyer an abstract of title continued by Black Hawk County Abstract Company to a date within thirty (30) days before the closing date, showing merchantable title to the Property in Seller in conformity with this Contract, Iowa law, and title standards of the Iowa State Bar Association. Seller agrees to pay the cost of abstract continuation, or creation, as necessary. Seller agrees to obtain court approval of this Contract, if requested by the Buyer, if title to the Property becomes an asset of any estate, trust, conservatorship or guardianship. Seller agrees to pay court approval costs and all other costs necessary to transfer the Property to the Buyer. Seller shall convey the Property to Buyer by warranty deed, free and clear of all liens, restrictions,and encumbrances except as provided in this Contract. 8. [This paragraph is optional depending on whether relocation expenses are involved.] Moving and relocation expenses of Seller shall be paid by Buyer,as set forth in this paragraph. Seller will provide to the Buyer a minimum of two estimates from professional moving companies. In addition, Buyer will reimburse Seller for its actual miscellaneous,reasonable closing costs and expenses based on invoices supplied by Seller to Buyer. Any and all costs incurred by Seller in connection with cleaning up the Property to ready it for closing are not considered moving or relocation expenses. 9. If the Seller holds title to the Property in joint tenancy with full rights of survivorship and not as tenants in common at the time of this Contract,Buyer will pay any remaining proceeds to the survivor of that joint tenancy and will accept title solely from that survivor,provided the joint tenancy has not been destroyed by operation of law or acts of the Seller. 10. Seller agrees to keep property hazard insurance coverage in force in a minimum amount equal to the Purchase Price,payable to all parties as their interests may appear,from the date of this Contract until delivery of the deed and possession. Buyer shall notify all insurance companies of this Contract. In case of loss or destruction of part or all of the Property from causes covered by the insurance,Seller agrees to accept the lump sum payment and to endorse the proceeds of any such insurance recovery to the Buyer. Seller hereby assigns the proceeds of any such insurance recovery to the Buyer,and Seller hereby assigns to Buyer any and all of Seller's rights under such insurance contract. 11. The Seller has agreed to sell the Property to the Buyer. Seller acknowledges if it fails to complete its duties of performance under this Contract, Buyer may exercise its power of eminent domain to acquire the Property, provided that the Property is deemed essential by the City Council to keep the project moving forward, or Buyer may exercise other remedies available under applicable law. Buyer agrees to cooperate with Seller, at Seller's request and at no additional cost to Buyer,to have this transaction qualify as an involuntary conversion pursuant to §1033 of the Internal Revenue Code. 12. This Contract shall become effective only upon the occurrence of each of the following two events: (a) acceptance and approval of the Contract by the City Council of the City of Waterloo,and(b)the environmental clearance of the Property in accordance with Phase I site assessment and recommended subsequent activities. In supplementation of the Phase I,Seller agrees,no later ,to disclose to Buyer all contamination of the Property by hazardous wastes and/or substances of which Seller has knowledge. 13. This Contract is further subject to the following terms and conditions:(a) Field entrances shall be constructed to Iowa Dept of Transportation standards. (b) Access points to farm fields will be determined on site with a representative from the consultant. 14. This Contract, together with the exhibits and attachments attached hereto, constitutes the entire agreement between Buyer and Seller, and there is no agreement to do or not to do any act or deed except as specifically provided herein. This Contract may be modified only in a writing signed by both parties. Time is of the essence of this Contract. WHEREFORE,the parties have entered into this Acquisition Contract as of the date first set forth above. Charles J.Walker SSN or EIN [Seller name] SSN or EIN SELLER'S ACKNOWLEDGMENT: STATE OF IOWA: ss: (' 1 Acknowledged before me on �- + ,by Li \-ti J ' J.L M [as of Seller]. Notary Public APPROVAL RECOMMENDED BY: City Planning Staff (Date) APPROVED BY. ATTEST: (Mayor) (City Clerk) DATE APPROVED. BUYER'S ACKNOWLEDGMENT: STATE OF IOWA,BLACK HAWKCOUNTY,ss: Acknowledged before me on by Ernest G.Clark and Suzy Schares as Mayor and City Clerk, respectively,of the City of Waterloo,Iowa. Notary Public 2 City of Waterloo ACQUISITION OF RIGHT OF WAY EMT "A'—I" 1 OF 3 COUNTY SLACK HAWK STATE CONTROL NO. PROJECT NO. STP-U-8155(711).".70-07 _ PARCEL NO. 4 SECTION 08 TOWNSHIP 88 NORTH RANGE 13 WEST ROW—FEE(A) 0,89 (B) 0.50 I~ 1,39 AC, TEMP EASE_ AC, PERM EASE AC * AREA INCLUDES 1.10 ACRES OF E%19TING ff /. PERMANENT ROADWAY EASEMENT 1 f' Nei 26�f �Z� - EAST QUARTER 4400' CORNER 4.�, • 08-T88N-R13W WORTHLINE SE 1/4 OF SET MA4 NAIL _ N 00'31'42" W. • S O f'4J' E'' 182E20' 27.47' 'SOUTH LINE OF f BESTERL Y RIGHT or Iti1 Y DOCUMENT/2003 03529 LINE O ANSCONOU i:1IkJ N 02R0'01"E,�/ 100.12' .OK EAST LINE SEi/4$EI/4 8-88-IJ / ! — — s 1 Iv V. 07" lit of v ACQUISITION OF RIGHT OF WAY — V A ROADWAY STION E SEMENTOF 1�fQ il N 03 R3'28" W • 09.66' NT OF BEGINNING SOUTH LINE OF RIGHT OF NAY 0OCIAITHT III 200J 033J1 I ACQUISITION PARCEL I1 1d13 W S 11114''2 W I SE CORNER USA' Oft-TS8N-R13W FRO. 3/4" IRON PIPE air w :HO: u A D�N41L5{O CROW CORNtk raw A IN NOrC St'11O01(4WD 56 I DANOrLA IKON wipe 014 RN foot) U DtNDIE1 A/D 11 PAR W/maw RAM:CAP NO,11340 Nei ({�Mk A:IIlNFO (�J Vigi�D I IMYI[l1Y HWY MAt Me LApNDDpJ11YOINO Mt:w o (tMt ALA MO ````0"LIIelift*', AND � M tM LNMtO i A ANDIII Ct DW Df K40A AND THAT 1 W A ` �,:*1,Att0 ,,14 D�l'AAlcli IpWA/LANO THC MLMt Rll' ollrn�r GNAWS A woU-47 31 anww ..%ck 4i/ � �//YAK PANCRL N0.. 1180-08�47D"00a " ,, ' :gt AN AI NtlIJ-ON-A7U-004 N 1 i i. ,�'. ' UG17ist MYMMII/T..ne4: SURYBY AAV04'S1E0 lh SCALE a 00 ',„, iaW ,„. or Elam IItitivm DAn a DMI11 N 11,kit ear 0.A'WAIk'R400 - �Irrr1I1 LILLL MAOl7 OR Nan COM O UT*V RAe UMW 1r)MAY MON 0 25 50 100' 200' waist LNN 1 City of Waterloo ACQUISITION OF RIGHT OF WAY EXHIBIT "'A- i" 20F3 POINT OF BEGINNING RIGHT OF WAY ACQUISITION PARCEL /2 N 89 0138"E EAST QUARTER CORNER 33 — 00' 08-T88N-R13W SET MAG NAIL — UNAMED ACCESS RO. • — NORTH LINE NE 1/4 OF NE SE 1/4 8-88-13 NORTH LINE OF DOCUMENT/2003 03531 / I-...--.__EAST LINE NEI/4 5E1/4 B-88-13 3 I / ,I4 ci z o� 4. 55/ ' N 0237'1O"E O 100.15' �.... ' m Z N WESTERLY RIGHT OF WAY LINE OF ANSBOROUGH AVE N 0031'43" W I ACQUISITION OF 146.54' / jj�j RIGHT OF WAY j//// ACOU1SMROADWAYOEASEMENT N OF rING .1.4)1.//: I5 9929 26" W 38,50' SE CORNER NORTH LINE OF 08-T88N-R13W DOCUMENT#2003 03529 FNO.3/4" IRON PIPE N 0031'43" W 1 2008.71' SI PLAT LEGEND: ♦DENOTES SECTION CORNER FOUND A DENOTES SECTION CORNER SET •DENOTES IRON PIPE OR PIN FOUND o DENOTES 5/8'RESAN w/YELLOW SCALE 1"=100' (NJPLASTIC CAP NO 77340 SET r_J MEASURED (R RECORDED - (P)PLATTED 0 25' 50' 100' 200' 3 of 3 DESCRIPTION OF ATTACHED PLAT FOR PARCEL NO.4 BLACK HAWK COUNTY PROJECT NO.STP-U-8155(711)--70-07 THE FEE SIMPLE TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: Parcel 1- A parcel of land lying in the Southeast Quarter of the Southeast Quarter of Section 8, Township 88 North,Range 13 West of the 5th P.M.,Black Hawk County,Iowa,as shown on the Acquisition Plat for Acquisition of Right of Way Exhibit"A",attached hereto said parcel being the existing Permanent Roadway Easement of Ansborough Avenue and more particularly described as follows: Commencing at the Southeast Corner of said Section 8;Thence North 00°31'43"West,466.13 feet on the Fast line of said Southeast Quarter of the Southeast Quarter to the South line of a parcel of land described in Document#2003 03531 in the Black Hawk County Recorders Office,said point also being the Point of Beginning;Thence South 88°54'27"West,43.52 feet,on said South line;Thence North 03°23'28"West,89.66 feet;Thence North 00°31'43"West,600.00 feet;Thence North 02°20'Ol"East, 100.12 feet;Thence North 00°31'42"West,27.47 feet to the South line of a parcel of land described in Document#2003 03529 in the Black Hawk County Recorders Office;Thence North 89°29'26"East, 43.00 feet,on said South line to the East line of said Southeast Quarter of the Southeast Quarter;Thence South 00°31'43"East,816.57 feet on said East line to the Point of Beginning,containing 0.89 acres more or less of which 0.62 acres is existing Permanent Roadway Easement; Parcel 2-A parcel of land lying in the Northeast Quarter of the Southeast Quarter of Section 8, Township 88 North,Range 13 West of the 5th P.M.,Black Hawk County,Iowa,as shown on the Acquisition Plat for Acquisition of Right of Way Exhibit"B",attached hereto said parcel being the existing Permanent Roadway Easement of Ansborough Avenue and more particularly described as follows: Beginning at the East Quarter Corner of said Section 8;Thence South 00°31'43"East,633.40 feet on the East line of said Northeast Quarter of the Southeast Quarter to the North line of a parcel of land described in Document#2003 03529 in the Black Hawk County Recorders Office;Thence South 89°29'26"West,38.50 feet,on said North line;Thence North 00°31'43"West, 146.54 feet;Thence North 02°37'10"East, 100.15 feet to the West Right of Way Iine of Ansborough Avenue;Thence North 00°31'43"West,386.60 feet on said West line to the North line of said Northeast Quarter of the Southeast Quarter;Thence North 89°01'38"East,33.00 feet on said North line to the Point of Beginning,containing 0.50 acres more or less of which 0.48 acres is existing Permanent Roadway Easement; Note:The East line of the Southeast Quarter of Section 8,Township 88 North,Range 13 West of the 5th P.M.,is assumed to bear North 00°31'43"West. City of Waterloo ACQUISITION OF PERMANENT EASEMENT PLAT EXR®IT 'A—z" 1 OP 2 COUNTY 8[ACK_HAW,K.__ _STATE CONTROL NO, PROJECT NO, STP-U-8155(711)--70-07 PARCEL No. __4 SECTION 08 TOWNSHIP 88 NO fl RANGE 13 WEST ROW-FEE AC, TEMP EASE AC, PERM EASE 0,0,3 AC — I EAST QUARTER CORNER "-- �— Oa—T88N—R13W SET MAG NAIL SOUTH LINE OF _ • RESTERLY HIGHr OF WAY DOCUMENT i 200J 0,3529 LINE OF ANSIVROU AVE. b w • I � I 5F,1 i 0 \ 5W1 543 8-8 9.,tf 0 • CU N 8028'17' E I S 00:71'4J"E-- ---- 25,00' I 10 00 001 89' ='f7' W N 00 S1'4J` W /' 4G00' 5O OO 1 S 89'8'171W ii SOUTH LINE OF 25 00' DOCUMENT./'200J 03531 __..__L r. --- I SE CORNER 08—T88N-Rt 3W l'.....3 FND. 3/4" IRON PIPE .,B.At S,E(,�CD A DENON'S SECTION CORNER FCJAD A MOMS SECTION CORNFR SET •booms IRON RIPE OR PEN!COO c7 DCHOIER D/8'ROM aV/1tU.OY! Ni.AinC CAP ND• I�,11U SF1 — ..�_ , -- - 0(k)MEASURED I HI:R. C`roo.IHAT 1N15 t.•nU IIIHVC11nO OUCUALN RECORDED AND art H[u7lD'Ainvev won wAJ Vt7VufAtO nv Mc vrt (!'J RATIO `.'Q1LANO1 fA�� 64LT U r) S AHO W WPSUH61,24 to u*H utItAO A ��7Si, .�C(P� in WY IOWA. QMNLR; CWARLtS J NUM Zo CNNOW. ''Alp FAX PARCRR NQF i41T3—Olt^�M—O04 L. EMRaM ;A� UTA-6-,MAH iQ SURYL'Y RLt JtrTED mi SCALE 1". 00' �ii J MY U UI e[MnEAl.oATC is 21e000R 71,ioI). cm'or MOl T8A'LOO -- r�At�41Oj1IjlP��\, RAM olt WW1 owueu cr Tun AM, rsm Mil,MAR 25 30' 100 200' WW1 I. c 2 of 2 DESCRIPTION OF ATTACHED PLAT FOR PARCEL NO.4 BLACK HAWK COUNTY PROJECT NO.STP-U-8155(711)--70-07 THE PERMANENT EASEMENT TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: A parcel of land in the Southeast Quarter of the Southeast Quarter of Section 8,Township 88 North, Range 13 West of the 5th P.M.,Black Hawk County,Iowa,as shown on the Acquisition Plat for Acquisition of Permanent Easement Exhibit"A",attached hereto and by reference made part hereof: Commencing at the Southeast Corner of said Section 8;Thence North 00°31'43"West,561.94 feet on the East line of said Southeast Quarter of the Southeast Quarter;Thence South 89°28'17"West,48.00 feet to the Point of Beginning;Thence continuing South 89°28'17"West,25.00 feet;Thence North 00°31'43"West,50.00 feet;Thence North 89°28'17"East,25.00 feet;Thence South 00°31'43"East, 50.00 feet to the Point of Beginning,containing 0.03 acres more or less; Note:The East line of the Southeast Quarter of Section 8,Township 88 North,Range 13 West of the 5th P.M.,is assumed to bear North 00°31'43"West Oily of Waterloo ACQUISITION OF TEMPORARY EASEMENT EXHIBIT NA'—3`' 1 OF COUNTY BLACK HAWK STATE.CONTROL NO, PROJECT NO, STP-U-8155(711)•--70-07_ . , PARCEL NO, 4 SECTION., ' 08 TOWNSHIP 88 NORTH RANGE 13 WEST ROW-FEE AC, TEMP EASE (1.0.11) (2-0,11) AC, PERM EASE AC 1 .._.i EAST QUARTER .� _ CORNER 08-TA®N-R13W I NORiN LAVE SE 1/4 OF 1 ' SET M NAq_ SOWN LIN< OF ' NF&1ER1,Y RIGHT Or Wn ooCuMENr,y 200J al519 4 LINE OF ANSHOROUON EAST 11tVE SEI/4 P,,•/4� f-d8-13 • �, 4� 4, c ,, d I � tk01 9A r- LINE TABLE s. LINE LENGTH BEARING c. in CAD L1 43,52 r 8 L2 9,48 10.00 11111111111111111LU 27.47 L5 1.0,1 1111111.11nMnal IMMINCHIMMnialillillillillilin col �j�FR:I7 1o0. a MINIMPOMMEratiliiiiirinCirrin 410 4,50 �SiI Imo • .. POINT OF NEGINNINO bp—GM— I TEMPORARY EASEMENT noctiMPNT Ar 200.7 0.7,7,�1 PP1RCEL Na. I } ._.—_.. e.�._..—__ LI I SC t104NI:R d 0tl-TR;'.N'R13W L2 F'N0, d/A" IRON PIPE i I .' *,. uardz A onions gon tontR PCUND A A DCMQTCslAcncer CMkcR 1 •DENC s II?PIPE P'PIN 1 MD d MOMSR n6NAn W./Yellow KAM/O P P NA 17,740 Sc1 - ------ ,-- —. �MT M1 ARUNI,U 1 H[ALgY C[d fltY MAT TpIR I.ANO R�fl\pNN9 LgC114L.'i ll(yrMM*;-/I)Itl'P,(JRDIA tllt„I ANp T' Rkk``A7Rn RUItt(VV{{■NCIn:WAA7A1 nyyut'llRRNttflfl qY NK re PIAT1[D \,\\t.M'O /',' NNA A MY AIIf9kFl PCoi0NA4 bunt XNfl,04 ANfl nIAF du/, ,,,�\�'•,•,'AC 4i $TAR 11{YNbl�1NA NIM4SYlm Milt 114 41M11 of N. 4NNL7{r C,WAAL'S d MULK6R �t�7.C, ....'' A.�� K i ,.. , �L. a-Y/. TAX PAnia Nat no-o4r-4*-oA# 1; > ;• cr[ NA tlA1J.04.,401,•004 1 ` WOW HUMAN—LZS! b'UA tY AEAUIC 10 AY' SCALE 1 100' ,,, ,. ,, �.\\\, NY tl muro 6 DAM IN OMNII 71.!OM CITY o'M ITALAO M.�_ I ttlilI11111\\ PA7i PI 1MS6A COIMEITI Pr TAM 6t;4a AnWII pea.V MAt• 0 25' 50 100' 200' WWI 1 th4 City of Waterloo ACQUISITION OF TEMPORARY EASEMENT EXHIBIT A - 2 OF 3 POINT OF BEGINNING TEMPORARY EASEMENT EAST QUARTER PARCEL No. 2 CORNER 08-788N—R13W SET MAC NAIL UNNAMED ACCESS ROAD. OF\ ( /' ./ L7 � S 0031'43" E NORTH LINE NE 1/4 OF 37.60' THE SE 1/4 8-88-13 / / NORTH LINE OF / DOCUMENT#2003 03529 / /N b- • / EAST LINE NEI/4 1/. h 8-88-13 Lc) - W r '� 1. 14 6 { / o 3f 11kV 1� � , ' �� I o/ 2 / co S4 C� WESTERLY RIGHT OF WAY J I ONE OF ANSBOROUGH AVE NORTH LINE OF DOCUMENT#2003 03531 L 10- SE CORNER 08—T88N—R13W FND. 3/4" IRON PIPE PLAT LEGEND: A DENOTES SECTION CORNER FOUND d DENOTES SECTON CORNER SET •DENOTES IRON PIPE OR FIN FOOND O DENOTES 5/3'REBAR v0/YELLOW SCALE 1 =100 PLAS CAP NO.VJAO SET (L( tr.EASURUREO NMI iN11111 (R)REEOPDEO (P)PLATTED 0' 25' 50' 100' 200' 3 of 3 DESCRIPTION OF ATTACHED PLAT FOR PARCEL NO.4 BLACK HAWK COUNTY PROJECT NO.STP-U-8155(711)--70-07 THE TEMPORARY EASEMENT TITLE GRANTED IS TO LAND DESCRIBED AS FOLLOWS: Parcel 1-A parcel of land lying in the Southeast Quarter of the Southeast Quarter of Section 8, Township 88 North,Range 13 West of the 5th P.M.,Black Hawk County,Iowa,as shown on the Acquisition Plat for Acquisition of Temporary Easement Exhibit"A",attached hereto and more particularly described as follows: Commencing at the Southeast Corner of said Section 8;Thence North 00°31'43"West,466.13 feet on the East line of said Southeast Quarter of the Southeast Quarter;Thence South 88°54'27"West,43.52 feet to the Point of Beginning;Thence continuing South 88°54'27"West,9.48 feet,on the South line of a parcel of land described in Document#2003 03531 in the Black Hawk County Recorders Office; Thence North 00°31'43"West,817.11 feet to the South line of a parcel of land described in Document# 2003 03529 in the Black Hawk County Recorders Office;Thence North 89°29'26"East, 10.00 feet,on said South line Thence South 00°31'42"East,27.47 feet;Thence South 02°20'O1"West, 100.12 feet; Thence South 00°31'43"East,600.00 feet;Thence South 00°23'28"East,89.66 feet to the Point of Beginning;containing 0.11 acres more or less; Parcel 2-A parcel of land lying in the Northeast Quarter of the Southeast Quarter of Section 8, Township 88 North,Range 13 West of the 5th P.M.,Black Hawk County,Iowa,as shown on the Acquisition Plat for Acquisition of Temporary Easement Exhibit"B",attached hereto and more particularly described as follows: Commencing at the East Quarter Corner of said Section 8;Thence South 00°31'43"East,37.60 feet on the East line of said Northeast Quarter of the Southeast Quarter;Thence South 89°28'17"West,33.00 feet to the West Right of Way line of Ansborough Avenue and the Point of Beginning;Thence South 00°31'43"East,349.25 feet on said West Right of Way line;Thence South 02°37'10"West, 100.16 feet; Thence South 00°31'43"East, 146.54 feet to the North line of a parcel of land described in Document# 2003 03531 in the Black Hawk County Recorders Office;Thence South 89°29'26"West,4.50 feet on said North line;Thence North 00°31'43"West,595.71 feet to the North line of a parcel of land described in Document#2003 03529 in the Black Hawk County Recorders Office;Thence North 89°03'26"East, 10.00 feet on said North line to the Point of Beginning;containing 0.11 acres more or less; Note:The East line of the Southeast Quarter of Section 8,Township 88 North,Range 13 West of the 5th P.M.,is assumed to bear North 00°31'43"West FXHIRIT"R" Acrpc Price Price per acre(fee interest)=$12,000.00 Fee acquisition 1.39* $3,480.00 Permanent easement(s) 0.03 360.00 Temporary easement(s) 0.22 330.00 TOTAL $4,170.00 *Area includes 1.10 acres of existing Permanent Roadway Easement,which will not be compensated for. Prepared by Carol Failor, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 . RESOLUTION NO. 2011-890 RESOLUTION ACCEPTING AND APPROVING CERTAIN ACQUISITION CONTRACTS TO SELL REAL PROPERTY TO THE CITY AND ACCEPTING AND APPROVING CERTAIN DEEDS IN CONJUNCTION WITH THE WEST SHAULIS ROAD/ANSBOROUGH AVENUE RECONSTRUCTION PROJECT. WHEREAS, the City of Waterloo, Iowa, has had the parcels described herein appraised and the fair market value ascertained, and WHEREAS, the acquisition of the hereinafter described parcels is in conjunction with the West Shaulis Road/Ansborough Avenue Reconstruction Project . NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the contracts for the parcels hereinafter described to sell the same to the City of Waterloo, Iowa, all of which are situated in the City of Waterloo, Black Hawk County, Iowa, are accepted and approved and the Mayor and City Clerk are authorized and directed to execute the same in behalf of the City and to execute all instruments necessary to consummate the agreements to purchase the property from the owners thereof, and the deeds for the conveyance of the same are also accepted and approved and the City of Waterloo is directed to pay for the properties from City funds . The subject address is : Owner - Charles J. Walker Parcel Nos. - 8813-08-426-004 and 8813-08-476-004 Total Acquisition - $4, 170 . 00 The Fee Simple Title Granted Is To Land Described As Follows: Parcel 1 - A parcel of land lying in the Southeast Quarter of the Southeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th P.M. , Black Hawk County, Iowa, as shown on the Acquisition Plat for Acquisition of Right of Way Exhibit "A", attached hereto said parcel being the existing Permanent Roadway Easement of Ansborough Avenue and more particularly described as follows : Commencing at the Southeast Corner of said Section 8; Thence North 00°31' 43" West, 466. 13 feet on the East line of said Southeast Quarter of the Southeast Quarter to the South line of a parcel of land described in Document #2003 03531 in the Black Hawk County Recorders Office, said point also being the Point of Beginning; Thence South 88 °54' 27" West, 43. 52 feet, on said South line; Thence North 03°23' 28" West, 89. 66 feet; Thence North 00°31' 43" West, 600 . 00 feet; Thence North 02°20' Ol" East, 100 . 12 feet; Thence North 00°31' 42" West, 27 . 47 feet to the South line of a parcel of land described in Document #2003 03529 in the Black Hawk County Recorders Office; Thence North 89°29' 26" East, 43 . 00 feet, on said South line to the East line of said Southeast Quarter of the Southeast Quarter; Thence Resolution No . 2011-890 Page 2 South 00°31' 43" East, 816. 57 feet on said East line to the Point of Beginning, containing 0 . 89 acres more or less of which 0 . 62 acres is existing Permanent Roadway Easement; Parcel 2 - A parcel of land lying in the Northeast Quarter of the Southeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th P.M. , Black Hawk County, Iowa, as shown on the Acquisition Plat for Acquisition of Right of Way Exhibit "B", attached hereto said parcel being the existing Permanent Roadway Easement of Ansborough Avenue and more particularly described as follows: Beginning at the East Quarter Corner of said Section 8; Thence South 00°31' 43" East, 633 . 40 feet on the East line of said Northeast Quarter of the Southeast Quarter to the North line of a parcel of land described in Document #2003 03529 in the Black Hawk County Recorders Office; Thence South 89°29' 26" West, 38 . 50 feet, on said North line; Thence North 00°31' 43" West, 146. 54 feet; Thence North 02°37' 10" East, 100 . 15 feet to the West Right of Way line of Ansborough Avenue; Thence North 00°31' 43" West, 386. 60 feet on said West line to the North line of said Northeast Quarter of the Southeast Quarter; Thence North 89°01' 38" East, 33 . 00 feet on said North line to the Point of Beginning, containing 0 . 50 acres more or less of which 0 . 48 acres is existing Permanent Roadway Easement; Note: The East line of the Southeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th P.M. , is assumed to bear North 00°31' 43" West . The Permanent Easement Title Granted Is To Land Described As Follows : A parcel of land in the Southeast Quarter of the Southeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th P.M. , Black Hawk County, Iowa, as shown on the Acquisition Plat for Acquisition of Permanent Easement Exhibit "A", attached hereto and by reference made part hereof: Commencing at the Southeast Corner of said Section 8; Thence North 00°31' 43" West, 561. 94 feet on the East line of said Southeast Quarter of the Southeast Quarter; Thence South 89°28' 17" West, 48 . 00 feet to the Point of Beginning; Thence continuing South 89°28 ' 17" West, 25 . 00 feet; Thence North 00°31' 43" West, 50 . 00 feet; Thence North 89°28' 17" East, 25. 00 feet; Thence South 00°31' 43" East, 50 . 00 feet to the Point of Beginning, containing 0 . 03 acres more or less; Note: The East line of the Southeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th P.M. , is assumed to bear North 00°31' 43" West. The Temporary Easement Title Granted Is To Land Described As Follows : Parcel 1 - A parcel of land lying in the Southeast Quarter of the Southeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th P.M. , Black Hawk Resolution No. 2011-890 Page 3 County, Iowa, as shown on the Acquisition Plat for Acquisition of Temporary Easement Exhibit "A", attached hereto and more particularly described as follows: Commencing at the Southeast Corner of said Section 8; Thence North 00°31' 43" West, 466. 13 feet on the East line of said Southeast Quarter of the Southeast Quarter; Thence South 88°54' 27" West, 43 . 52 feet to the Point of Beginning; Thence continuing South 88 °54' 27" West, 9. 48 feet, on the South line of a parcel of land described in Document #2003 03531 in the Black Hawk County Recorders Office; Thence North 00°31' 43" West, 817 . 11 feet to the South line of a parcel of land described in Document #2003 03529 in the Black Hawk County Recorders Office; Thence North 89°29' 26" East, 10 . 00 feet, on said South line; Thence South 00°31' 42" East, 27 . 47 feet; Thence South 02°20' O1" West, 100 . 12 feet; Thence South 00°31' 43" East, 600 . 00 feet; Thence South 00°23' 28" East, 89. 66 feet to the Point of Beginning; containing 0 . 11 acres more or less; Parcel 2 - A parcel of land lying in the Northeast Quarter of the Southeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th P.M. , Black Hawk County, Iowa, as shown on the Acquisition Plat for Acquisition of Temporary Easement Exhibit "B", attached hereto and more particularly described as follows : Commencing at the East Quarter Corner of said Section 8; Thence South 00°31' 43" East, 37 . 60 feet on the East line of said Northeast Quarter of the Southeast Quarter; Thence South 89°28' 17" West, 33 . 00 feet to the West Right of Way line of Ansborough Avenue and the Point of Beginning; Thence South 00°31' 43" East, 349 . 25 feet on said West Right of Way line; Thence South 02°37' 10" West, 100 . 16 feet; Thence South 00°31' 43" East, 146. 54 feet to the North line of a parcel of land described in Document #2003 03531 in the Black Hawk County Recorders Office; Thence South 89°29' 26" West, 4 . 50 feet on said North line; Thence North 00°31' 43" West, 595 . 71 feet to the North line of a parcel of land described in Document #2003 03529 in the Black Hawk County Recorders Office; Thence North 89°03' 26" East, 10 . 00 feet on said North line to the Point of Beginning; containing 0 . 11 acres more or less; Note: The East line of the Southeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th P.M. , is assumed to bear North 00°31' 43" West. PASSED AND ADOPTED this 12th day of September, 2011. (7' fnest G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Cl rk CITY OF WATERLOO , IOWA "irk I COMMUNITY PLANNING AND DEVELOPMENT �TS�� 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 `fit@rlo o \O NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO MayorCouncil Communication BUCK City Council Meeting: Septemb.r 12, 2011 CLARK Prepared: September 7, 2011 Dept. Head Signature: 1 COUNCIL # of Attachments: MEMBERS SUBJECT: Acceptance of 928 Mulberry Street, through Iowa Code 657A. DAVID JONES Submitted by: Noel Anderson, Community Planning and Development Director Ward I CAROLYN Recommended City Council Action: We would ask that the City Council adopt a resolution to COLE accept the property at 928 Mulberry Street, and authorize the Mayor and City Clerk to sign and Ward 2 fully execute any necessary documents needed for this acquisition. HAROLD GETTY Summary Statement: The property currently contains a vacant home that has been deemed Ward 3 dangerous and unsafe. The City of Waterloo received a court order granting title to property located at 928 Mulberry Street. This particular property cannot be reasonably rehabilitated QUENTIN therefore; it is our intentions to demolish the dangerous building immediately. HART Ward 4 After the demolition, the property would be available for sale to the adjacent property owners or RON other interested parties for a reasonable cost with the execution of a development agreement. WEEPER The property dimensions are 35' x 132' for a total of 4,620 sq. ft; which does not meet the Ward 5 minimum lot width of 50' or the minimum lot size of 6,000 sq. ft. However, the lot is considered BOB a "Lot of Record" and therefore could legally be built upon but must still meet current setback GREENWOOD requirements, which makes new construction unlikely on this particular parcel. The property is At-Large zoned "R-2" One and Two Family Residence District. STEVE SCHMITT Expenditure Required: There is no cost associated with the acquisition of the property other At-Large than the cost of filing for 657A with the Courts. However, asbestos removal and demolition may reach$6,000 to $8,000 dollars. Source of Funds: Dilapidated Housing Policy Issue: Dilapidated Housing Alternative: N/A Legal Description: The Southeasterly 51 feet of Lot No. 1 except the Northwesterly 5 feet of the Northeasterly 43 feet thereof, and the Northeasterly 20 feet of the Southeasterly 51 feet of Lot No. 4 all in Block No. 25 in the Original Plat on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Jto * * , ` b Background Information: The City of Waterloo has been working to address the state of disrepair of the property through out the city using Iowa Legislation (657A) that allows cities to take possession of dilapidated and abandoned homes. Cc:Aric Schroeder,City Planner Rudy Jones,Community Development Director Dave Zellhoefer,Assistant City Attorney Printable Map Output Page 1 of 1 i Black Hawk County Parcel Map Parcel ID: 8913-25-130-007 Deed Holder: CITY OF WATERLOO Parcel Address: 928 MULBERRY ST, WATERLOO, IA 50703 . t ggyy� �( r:r �t,,h a�li'i ' - ,3,. ,1 ' SY 4 4'prc t 'k' Lego" Selectatl I,, { � ,' - Phot Co J¢ f " ,a {10 '' 4 anew e- # / ....SA A 4 s i ' ,} airport " Buck 7 W lki ,p��"# sF Yl l�'@� � b ', � 8s � '��p e 3 we ne �'} I rsn}i,08 s� SA. ram "'AV; - � � , s„ s y I Townships g PI' . Y F a TowmhlP 1✓ .'w .' p 'kV �1 Gly L„ios � watamamc '' » 4 A a � `k, ro4 LPG } n s N rb 1"( fl X ,44 7 9 ',:i'''',?•:••::,1 .' tra,*;,,..',,,,:,,;--. .41,„;' ..„,%1`, . ;!.f.'„',.7.;ti' ,,,,,,:,'''''!",' *0-"'';-.'' " if 111 Arpr' ,/,',I" ' ''"1:0i r.1,,,"",CA:',.:.:.,,o• � ; y �. (C}1992-2OD1 tiSRJ C ,; >.0 fqr _ Black Hawk County,Iowa Map Disclaimer:This map does not represent a survey.No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo,Iowa 50703-4774 the Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 information required for local government purposes.See the recorded documents for more E-mail:auditorAco.black-hawk.ia.us.orq detailed legal information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&Cl... 9/7/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-25-130-007 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST PDF No. ,Map Area Contract Buyer ITY OWNED 7 EWTLO-01 ATERLOO, IA 50703-0000 l Property Address Current Recorded Transfer � 928 MULBERRY ST Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50703-0000 7/21/2011 8/1/2011 2012 001918 ,D SALES BUILDING PERMIT [Date Amount /Type Date Number Amount Reason 1/30/2008 3,500 'SALES $10,000 OR LESS (LINE 3 5/27/2010 WA 02661 500 Misc OF THE DECLARATION OF 'VALUE)/Deed 11/30/2006 1,530 SHERIFF OR TAX SALE/Deed 5/31/2000 47,500 NORMAL ARMS-LENGTH RANSACTION/Deed 3/22/2000 104,000 RESIDENTIAL SALE OF TWO OR MORE PARCELS-SINGLE CONSIDERATION/Contract ASSESSED VALUES/CREDITS Year Class 2011 R 100% Land , 0 Dwelling Building WE Total Acres Value ,730 ----- o-_ 1 �0 0 I4 8410 1484- _ 10 Taxable Land Dwelling Building WE Total Value ,730 2,110 0 [0 [4,840 Year Class 2010 R 100% Land !Dwelling Building 'WE Total Acres Value 2,920 3,400 10 0 6,320 0 Taxable Land Dwelling Building M/E Total Value ,1,417 1,650 0 10 3,067 Year Class 2009 R 100% Land Dwelling Building M/E Total Acres ,Value 2,920 3,400 0 0 6,320 0 j Taxable Land Dwelling Building OE Total I Value j1,370 1,595 10 0 2,965 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 2011/2012 Tax 1941131 -WATERLOO RATH AREA TIF AMD1 District Gross Value axable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 6,320 3,067 0 2.69322 $130 94 1$130.00 Nocorp 0 0 10 1$0.00 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325130007 9/7/2011 B1adk Hawk County Detailed Parcel Report Page 2 of 2 I Homestead Disabled Veteran Property Tax Relief Ag Family Farm I Credit Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 ,Credit Nocorp $0.00 1— i LEGAL OR►GINAL PLAT WATERLOO EAST SE 51 FT LOT 1 BLK 25 EXC NW 5 FT NE 43 FT NE 20 FT SE 51 FT LOT; BLK 25 LAND Basis Front Rear Side 1 Side 2 Lot • rea ;Acres Front 6 6 80 80 0 3865 0.089 Foot ; Front 5 5 37 37 3 Foot Totals: 865 , 0.089 DWELLING CHARACTERISTICS Type --I-Style [None 2 Story Frame Year Built 'Area Heat AC 4ttic` 1892 656 Yes No None Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 7 M4 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring FStn Carp/Tile Exterior Walls Interior Finish Wd Lap Plas Roof_ __ _ Slate/Gable ► Non-Base'Floor/Wall Pipeless lHandfired Space Heaters ea Hting 0 ear Built Style rea 1Basement(SF) No Basement (SF) Heat—AC Attic I 1892 1 Story Frame 196 '196 0 Yes No 0 Addtions 1892 1 Story Frame 140 0 0 Yes No 10 1 1892 1 Story Frame 0 0 :Yes No rn---- Plumbin 2 Full Bath < Desc Quantity 91 Sink Style Area D DK 24 Porch 1 S Frame 90 D DK 24 Open Extras D DK 20 DDK 32 CELLAR ENTRY 48 t http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891325130007 9/7/2011 1111I IIIIIIIIIIH II 1111IIIIl 01111IIII IIIIHIIIIIIIIH11111 IIII Doc ID: 004535600002 Type: GEN Kind: DEED Recorded: 08/01/2011 at 04:21:38 PM Fee Amt: $17.00 Page 1 of 2 Revenue Tax: $0.00 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER 1 File2 0 1 2-0000 1 9 1 8 oo 'a - Cava f/,110 w IN THE IOWA DISTRICT COURT FOR BLACK HAWK COUNTY CITY OF WATERLOO, IOWA, ) I ' • 42-6005327, ) ) Petitioner, ) No. EQCV 111760 ) vs. ) ) JOHN D. HAYES; NICHOLAS R. HEDRICK; ) ORDER STATE OF IOWA; BLACK HAWK COUNTY, ) IOWA; WELLS FARGO FINANCIAL ) ACCEPTANCE aka WELLS FARGO ) FINANCIAL IOWA 3, INC.; OHP 5, ) ) Respondents. ) NOW on this 21st day of July, 2011, this matter comes before the Court as scheduled for hearing. Present is David R. Zellhoefer, representing the Petitioner. No other attorneys or respondents appear. The Court notes that proof of service on all parties has been shown. The Petition and Original Notice were posted on the property on February 11, 2010, by the Black Hawk County Sheriff's Office. Notice by certified mail was obtained on Respondents John D. Hayes, State of Iowa, black Hawk County, Wells Fargo Financial Acceptance, and OHP 5 as shown by Proof of Service By Certified Mail filed with this Court April 15, 2010. Respondent Nicholas R. Hedrick accepted service on April 12, 2010. Testimony was taken from City of Waterloo Code Enforcement Officer Barry Stratton and photographs were admitted into evidence showing the condition of 928 Mulberry Street as of the date of the hearing. THE COURT MAKES THE FOLLOWING FINDINGS OF FACT: 1. That 928 Mulberry Street is legally described as: The Southeasterly 51 feet of Lot No. 1 except the Northwesterly 5 feet of the Northeasterly 43 feet thereof, and the Northeasterly 20 feet of the Southeasterly 51 feet of Lot No. 4, all in Block No. 25 in the Original Plat on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. This is a residence located in Waterloo, Iowa. There are no utilities or water being provided to the property. The property is unoccupied and has been vacant for a 0.0 number of years. It does not meet the City's housing code for being fit for human habitation or occupancy. The building is presently partially boarded up, but has been exposed to the elements, which has made it deteriorate substantially. Some of the siding is rotting away, the foundation is crumbling, there are holes in the outer walls, some windows are broken, and there are general signs of deterioration of the entire building. In the summer months, there has been a large presence and accumulation of uncut vegetation on the property. 2. That because of the findings of fact made above, the Court determines that the property is an abandoned building pursuant to Section 657A.10A. 3. That none of the Respondents in the Petition have appeared here today to contest the Petition and there are hereby found to be in default. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED, that the property cited above is an abandoned property pursuant to Section 657A.10A; judgment is hereby ordered in favor of the Petitioner, City of Waterloo, Iowa, and the Court hereby awards title of this property to the City of Waterloo, free and clear from any liens and encumbrances. The Clerk shall notify the Black Hawk County Auditor's Office, Recorder's Office, Assessor's Office, and Treasurer's Office, so that they may take note of this Order and adjust their records accordingly. Court costs shall be taxed to the Petitioner. IJI&LJ*w ,d( Judge of the First J dicial District of Iowa 1,the Clerk cf the District Court In and fcr Black F' r'!, Iowa, hereby certify thci, • __1 is a true, correct _nd cam- c the instrument h�r:'iith tat z:-:::r3 cf record in the Of'ic3 of the Clerk ci D;strict Court in and fcr Black Hawk County,Iowa tht€. j-F•/-) day i ot u /LiJA ,20 II • CLACKHAW1( COUNTY CLERK OF DISTRICT COURT By:V0 cairn,e1 crilitAtesi9nee This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703 . RESOLUTION NO. 2011-891 RESOLUTION ACCEPTING AND APPROVING ACQUISITION OF PROPERTY GENERALLY LOCATED AT 928 MULBERRY STREET IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Iowa Code Section 657A. 10A allows cities to petition the courts for possession of vacant and dilapidated homes, of which no one will take responsibility for its condition, and WHEREAS, the hereinafter described parcel contains a vacant dwelling that has been deemed dangerous and unsafe and does not meet the City of Waterloo' s Housing Code, and WHEREAS, it is the intention of the City of Waterloo to demolish the dangerous building immediately, and WHEREAS, after said demolition, the City of Waterloo will be able to offer the property to the adjacent property owners or interested parties for a reasonable cost, and WHEREAS, the Iowa District Court for Black Hawk County found that proper Notice of Intent to Take Default against several parties was properly mailed, and WHEREAS, the Iowa District Court for Black Hawk County found: 1 . That 928 Mulberry Street, legally described as follows : The Southeasterly 51 feet of Lot No. 1 except the Northwesterly 5 feet of the Northeasterly 43 feet thereof, and the Northeasterly 20 feet of the Southeasterly 51 feet of Lot No. 4, all in Block No. 25 in the Original Plat on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa; is a residence located in Waterloo, Black Hawk County, Iowa. There are no utilities being provided to the property. The property is unoccupied and has been vacant for a number of years . The property does not meet the City' s Housing Code for being fit for human habitation or occupancy. The building has been exposed to the elements for many years, which has made it deteriorate substantially. 2 . That because of the findings of fact made by the Iowa District Court of Black Hawk County, it was determined that the property is an abandoned building pursuant to Section 657A. 10A. i �, Resolution No. 2011-891 Page 2 WHEREAS, the Iowa District Court of Black Hawk County ordered, adjudged and decreed that the above described property is an abandoned property pursuant to Section 657A. 10A and awarded title of said property to the City of Waterloo, and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the above described property is accepted and approved for the purposes as described in Section 657A. 10A. PASSED AND ADOPTED this 12th day of September, 2011 . La Ernest G. Clark, Mayor ATTEST: Suzy S ares, CMC City Clerk ` y CITY OF WATERLOO , IOWA *fr. ittit.. •!Ik1P%/ ..,... COMMUNITY PLANNING AND DEVELOPMENT 47 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 er100 �0 NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO Council Communication BUCKMayor City Council Meeting:Septem 12, 2011 CLARK Prepared: September 7, 2011 Dept.Head Signature: # of Attachments: COUNCIL MEMBERS SUBJECT:Acceptance of 213 N. Barclay Street, through Iowa Code 657A. DAVID Submitted by:Noel Anderson, Community Planning and Development Director JONES Ward IRecommended City Council Action: We would ask that the City Council adopt a resolution to accept CAROLYN the property at 213 N. Barclay Street, and authorize the Mayor and City Clerk to sign and fully execute COLE any necessary documents needed for this acquisition. Ward 2 Summary Statement: The property currently contains a vacant home that has been deemed dangerous HAROLD and unsafe. The City of Waterloo received a court order granting title to property located at 213 N. GETTY Barclay Street. This particular property cannot be reasonably rehabilitated therefore; it is our intentions Ward 3 to demolish the dangerous building immediately. HA After the demolition, the property would be available for sale to the adjacent property owners or other HARTRT Ward 4 interested parties for a reasonable cost with the execution of a development agreement. The property dimensions are 35'x 132' for a total of 4,620 sq. ft;which does not meet the minimum lot width of 50' RON or the minimum lot size of 6,000 sq. ft. However, the lot is considered a "Lot of Record" and therefore WEEPER could legally be built upon but must still meet current setback requirements,which makes new Ward 5 construction unlikely on this particular parcel. The property is zoned "R-2" One and Two Family BOB Residence District. GREENWOOD At-Large Expenditure Required:There is no cost associated with the acquisition of the property other than the STEVE cost of filing for 657A with the Courts. However, asbestos removal and demolition may reach$6,000 to SCHMITT $8,000 dollars. At-Large Source of Funds: Dilapidated Housing Policy Issue: Dilapidated Housing Alternative:N/A Legal Description:The North 35 feet of Lots 1 and 2, Block 24, Railroad Addition to Waterloo, Iowa. Background Information:The City of Waterloo has been working to address the state of disrepair of the property through out the city using Iowa Legislation (657A) that allows cities to take possession of dilapidated and abandoned homes. Cc:Aric Schroeder,City Planner Rudy Jones,Community Development Director Dave Zellhoefer,Assistant City Attorney CITY WEBSITE: www ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal q Opportunity/Affirmative Action Employer t. h Printable Map Output Page 1 of 1 1 r Black Hawk County Parcel Map Parcel ID: 8913-24-183-008 Deed Holder: CITY OF WATERLOO _. ___I i Parcel Address: m 213 N BARCLAY ST, WATERLOO, IA 50703 _ _ 1 .. , t( aa° s Legend . roadnama ihoaPital Mfill inVOM � ' Black Hawk Co. firadaq y e e — ,.... i Parka_ ... _' I: 1 TownahlM _ " q� �r .ray z�'° (' _ �r ��k n' sacow� •. `' `an' :6 g. Waterj. ,.>r..:-�,. I Q Towna hip .-i b ,[...:.,:. ... ... # ' ciry un4a � tailroatl a1m WI.,�tm�i;, ^ i ,* r'S;;142 A t � l . raaal� 4 �" 1mr6- ' t - 1 „ t r y§ � yam.. wammame_ ., r :: ir, � :^ .r l `mg,. - '-''' ' orb 1 €., 1,11 l - " *ter, 4 s c �;q' �aet 1' 4; e t f : ,.tip :, � s , Black Hawk County,Iowa Map Disclaimer.Tf) . his map does not represent a survey.No liability ,is assumed for the 316 East 5th Streetaccuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo, Iowa 50703 4774 the Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833 3070 information required for local government purposes.See the recorded documents for more LE-mail:auditor(aco.black-hawk.ia.us.orq etailed legal information. http://www2.co.black-hawk.ia.us/servlet/com.e sri.e srimap.Esrimap?S erviceName=bhov&C 1... 9/7/2011 Flack Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Deed Holder Parcel ID Tax Mail to Address 8913-24-183-008 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST PDF No. Map Area Contract Buyer CITY OWNED y 7 EWTLO-13 WATERLOO, IA 50703-0000 1 Property Address 1Current Recorded Transfer 213 N BARCLAY ST Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50703-3139 k12�010 12/17/2010 12011 012321 D SALES BUILDING PERMIT Date . _. r ___ mountNUTC/Type Date Number Amount Reason 10/1/2000�25,000 SSIGNMENT/ASSUMPTION OF 1/7/2011 FC 10 1Demo/Rmvl CONTRACT/Contract 8/3/1999 9,900 SSIGNMENT/ASSUMPTION OF CONTRACT/Contract 12/21/19985,000 SALES $10,000 OR LESS (LINE 3 OF THE DECLARATION OF ALUE)/Deed /22/1995 ,369 SSIGNMENT/ASSUMPTION OF1 CONTRACT/Contract j ASSESSED VALUES/CREDITS Year Class 2011 1E _ E y� -- 100% Land iDwelling Building M/E Total Acres Value 2,570 80 � ?0 0 2,650 0 Taxable Land Dwelling Building M/E Total Value 2,570 80 10 10 2,650 Year Class _ 2010 R 100% Land Dwelling Building IM/E otal Acres Value 2 750 1 , ,970 0 0 9,720 _ 0 Taxable Land Dwelling Building M/E= Total Value ,1,335 3,383 0 ,0 -1_ 718_..._.____ i Year Class 2009 R gym: __ 100% Land-- and - Dwelling Building M/E Total Acres Value 12 750 6,970 '0 0 9,720 0 Taxable Land Dwelling Building M/E Total -1 Value 1,290 [3,270 0 0 4,560 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 2011/2012 Tax 940001 -WATER District LOO 'Gross Value Taxable Value 'Military Exemption Levy Rate 'Gross Tax Net Tax Corp 9,720 4,718 0 142.69322 $201.43 ,$202.00 Nocorp 0 0 10 0 $0.00 _ 1 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324183008 9/7/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 j Homestead Disabled Veteran Property Tax Relief Ag Family Farm Credit ;Credit Credit Credit Credit Corp $0.00 $0.00 $0.00 - _ ._ $0.00 LEGAL RAILROAD ADDITION WATERLOO N 35 FT LOT 1 BLK 24 N 35 FT LOT 2 BLK 24 LAND Basis Front Rear Side 1 Side 2 Lot *ma Acres Front 35 35 132 132 0 4620 0.106 Foot Totals: !._ 4620 0.106 DWELLING CHARACTERISTICS Type _ Style ;Single Family/Owner Occupied Story Frame Year Built Area Heat JAC Attic 1884 384 Fes No None Total Rooms Above otal Rooms Below Bedrooms Above Bedrooms Below 4 0 2 _ 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring Stn Carp/Tile Exterior Walls Interior Finish Asph Roll Plas Roof Asph/Gable Non-Base'Floor/Wall 'Pipeless Handfired Space Heaters Heating 0 1 Mtl St Sh Bath ��< � �� Plumbing 1 No Bathroom Style Area Porch 1 S Frame Enclosed 72 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324183008 9/7/2011 lIIIllI Ill IIH Jill!Hil II!III II IllI !IIi 1111111 llhIHi 11111!Ii Doc ID: 004345160002 Type: GEN Kind: DEED Recorded: 12/17/2010 at 11:28:50 AM Fee Amt: $19.00 Page 1 of 2 Revenue Tax: $0.00 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER File2011-00012321 City.°s 'yCQ "(p.OU'- n . c>.7, 11 17 r,. it IN THE IOWA DISTRICT COURT FOR BLACK HAWK tbdN'I"Y 2010 DEC 14 AM 9: 03 CITY OF WATERLOO, IOWA, ) 42-6005327, ) BLACK HAN CUUV.,::r3WA ) Petitioner, ) No. EQCV113926 ) vs. ) ) ORDER BRIAN KAY; TURN-KEY PROPERTY ) SERVICES, LLC; DeCARLOS HENDERSON, ) WATERLOO COURIER; DON LENTZ ) HEATING AND COOLING, INC.; IOWA ) COMMUNITY CREDIT UNION; NEST EGG ) MANAGEMENT; STATE OF IOWA; ) BLACK HAWK COUNTY, ) ) Respondents. ) NOW on this 14th day of December, 2010, this matter comes before the Court as scheduled for hearing. Present is Attorney David R. Zellhoefer representing the Petitioner, City of Waterloo, Iowa. No other attorneys or Respondents appear. The Court notes that proof of service on all parties has been shown. The Petition and Original Notice were posted on the property located at 213 N. Barclay Street on September 13, 2010, by the Black Hawk County Sheriff. The remaining Respondents were all served by certified mail, as indicated by the Proof of Service filed by the Petitioner on October 5, 2010. No one appears today to argue or defend on behalf of any of the Respondents. Therefore, all Respondents are hereby found to be in default in this action. THE COURT MAKES THE FOLLOWING FINDINGS OF FACT: 1. That 213 N. Barclay Street is legally described as: The North 35 feet of Lots 1 and 2, Block 24, Railroad Addition to Waterloo, Iowa. This is a residence and not a commercial building. There are presently no utilities being provided to the property. The property is unoccupied and has been vacant for a number of years. The property does not meet the City's housing code for being fit for human habitation or occupancy. The building is presently partially boarded up, but still has open windows and doors which has allowed it to be exposed to the elements for an extended period of time. The building is substantially deteriorated, both on the interior and exterior. There is \C 9 • a large presence and accumulation of debris and uncut vegetation on the property. Many windows are broken out and substantial water damage is evident. 2. That because of the findings of fact made above, the Court determines that the property is an abandoned building pursuant to Section 657A.10A. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED, that the property cited above is an abandoned property pursuant to Section 657A.10A; judgment is hereby ordered in favor of the Petitioner, City of Waterloo, Iowa, and the Court hereby awards title of this property to the City of Waterloo, free and clear from any liens and encumbrances. The Clerk shall notify the Black Hawk County Reco e, Auditor's Office, Assessor's Office, and Treasurer's Office, so t these ices may take note of this Order and adjust their records accordingly. Court costs s b taxed to the P loner. Judge of the First Judicial District of Iowa • I,the Clerk of the District Court In and for Black H^.':County, Iowa, hereby certify ",x that t':) t::7 :.,'.1 i3 a true, correct and com; c. -,y of the instrument : ith l �xl.l H ca t-�r.r ihci c: _ cf record in the CM cf the . CT—� � F f'�Llr _ Clerk Cl lictrict Court in a;.1 i r CI.ck -1 Ci-Vi Ebe HawkCcu;;!y,Iowa+ this of c 29_Co ELP,CiiU",',"iC Cf U:l I?c�orde�-,.-- Aucf i t-Gr -- CLERK OF CIST :�i Cu ZT _ Dy:1fi i h f'ixv , nSl.t u - Designc3 T ec U v e V l¢,/ram __. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703 . RESOLUTION NO. 2011-892 RESOLUTION ACCEPTING AND APPROVING ACQUISITION OF PROPERTY GENERALLY LOCATED AT 213 N. BARCLAY STREET IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Iowa Code Section 657A. 10A allows cities to petition the courts for possession of vacant and dilapidated homes, of which no one will take responsibility for its condition, and WHEREAS, the hereinafter described parcel contains a vacant dwelling that has been deemed dangerous and unsafe and does not meet the City of Waterloo' s Housing Code, and WHEREAS, it is the intention of the City of Waterloo to demolish the dangerous building immediately, and WHEREAS, after said demolition, the City of Waterloo will be able to offer the property to the adjacent property owners or interested parties for a reasonable cost, and WHEREAS, the Iowa District Court for Black Hawk County found that proper Notice of Intent to Take Default against several parties was properly mailed, and WHEREAS, the Iowa District Court for Black Hawk County found: 1 . That 213 N. Barclay Street, legally described as follows : The North 35 feet of Lots 1 and 2, Block 24, Railroad Addition to Waterloo, Iowa; is a residence located in Waterloo, Black Hawk County, Iowa. There are no utilities being provided to the property. The property is unoccupied and has been vacant for a number of years . The property does not meet the City' s Housing Code for being fit for human habitation or occupancy. The building has been exposed to the elements for many years, which has made it deteriorate substantially. 2 . That because of the findings of fact made by the Iowa District Court of Black Hawk County, it was determined that the property is an abandoned building pursuant to Section 657A. 10A. WHEREAS, the Iowa District Court of Black Hawk County ordered, adjudged and decreed that the above described property is an abandoned property pursuant to Section 657A. 10A and awarded title of said property to the City of Waterloo, and Resolution No. 2011-892 Page 2 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the above described property is accepted and approved for the purposes as described in Section 657A. 10A. PASSED AND ADOPTED this 12th day of September, 2011 . E 4141-1401 est G. Clark, Mayor ATTEST: Suzy Sch res, CMC City Clerk �. CITY OF WATERLOO , IOWA COMMUNITY PLANNING AND DEVELOPMENT rtr 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 ‘Iterloo NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO Mayor Council Communication BUCK City Council Meeting: Se to er 12, 2011 CLARK Prepared: September 7 20 Dept. Head Signature: COUNCIL # of Attachments: MEMBERS SUBJECT: Acceptance of 332 Irving Street, through Iowa Code 657A. DAVID JONES Submitted by: Noel Anderson, Community Planning and Development Director Ward I CAROLYN Recommended City Council Action: We would ask that the City Council adopt a resolution to COLE accept the property at 332 Irving Street, and authorize the Mayor and City Clerk to sign and Ward 2 fully execute any necessary documents needed for this acquisition. HAROLD GETTY Summary Statement: The property currently contains a vacant home that has been deemed Ward 3 dangerous and unsafe. The City of Waterloo received a court order granting title to property located at 332 Irving Street. This particular property cannot be reasonably rehabilitated QUENTIN therefore; it is our intentions to demolish the dangerous building immediately. HART Ward 4 After the demolition, the property would be available for sale to the adjacent property owners or RON other interested parties for a reasonable cost with the execution of a development agreement. WEEPER The property dimensions are 35' x 139' for a total of 5,265 sq. ft; which does not meet the Ward 5 minimum lot width of 50' or the minimum lot size of 6,000 sq. ft. However, the lot is considered BOB a "Lot of Record" and therefore could legally be built upon but must still meet current setback GREENWOOD requirements, which makes new construction unlikely on this particular parcel. The property is At-Large zoned "R-2" One and Two Family Residence District. STEVE SCHMITT Expenditure Required: There is no cost associated with the acquisition of the property other At-Large than the cost of filing for 657A with the Courts. However, asbestos removal and demolition may reach $6,000 to $8,000 dollars. Source of Funds: Dilapidated Housing Policy Issue: Dilapidated Housing Alternative: N/A Legal Description: The South 20 feet of Lot No. 10 and all of Lot No.11, except the South 41 feet thereof, in Robert Robinsons Subdivision of the East Half of the West Half of Lots Nos.1 and 2 of Hardy and Virdens Plat of the Southeast Quarter of Section 24, Township 89 North of Range 13 West of the 5th P.M. in Black Hawk County, Iowa. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! aI R�•�'� , An Equal Opportunity/Affirmative Action Employer Background Information: The City of Waterloo has been working to address the state of disrepair of the property through out the city using Iowa Legislation (657A) that allows cities to take possession of dilapidated and abandoned homes. Cc:Aric Schroeder,City Planner Rudy Jones,Community Development Director Dave Zellhoefer,Assistant City Attorney PTintab1e Map Output Page 1 of 1 Black Hawk Coun Parcel Ma• ' Parcel I D: 8913-24-457-024 Deed Holder: CITY OF WATERLOO Parcel Address: 332 IRVING ST, WATERLOO, IA 50703 a. aye �� __ in s a; ' p� Seliatwtl parawidim —11;1194 ,.� s a i .$ Y� ,! (R'.. Fnaturcs . '^TM+"s ""^ roaanamo 6 9 w v a.gu ... "q [ hosvtai Acnaiphao. «... p:w • " •L 1+Ff. alrpgrt Biiak Hawk CO t 5=' .ttit 6- 0t e ,1 t y ', hreaap �' t 1 r. 7 l �V p.rka t > x T �- , n s4_ i, N z -- e i ', t +- tw,pntg �; S u : Roiroaaa % I fa i ar M. VTo«n hm s x. t r.x Secf3wnii Nilkt �ir '4k {{j PaYcrela k p' ,. �:„T ,, �:. Y 9. 2z ' fIY::.:. y t ir Q TO. 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Z....,T"V.�iMY_.... - k ..: :::'I�a4.P>RNY'G�M1a + �� ' L]l; Black Hawk County,Iowa ��Map Disclaimer.•This map does not represent a survey.No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo,Iowa 50703 4774 the Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833 3002 records,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 information required for local government purposes.See the recorded documents for more iE-maii,auditorCa)co.black-hawk.ia.us.orq detailed legal information. black- http://www2.co. t/com.esri.esrimap.Esrimap?ServiceName=bhov&Cl... 9/7/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-24-457-024 CITY OF WATERLOO CITY OF WATERLOO _ 715 MULBERRY ST PDF F No. Map Area Contract Buyer CITY OWNED 7 'EWTLO-03 WATERLOO, IA 50703-0000 Property Address Current Recorded Transfer 332 IRVING ST Date Drawn Date Filed Recorded Document Type WATERLOO, IA 50703-0000 12/7/2010 12/10/2010 2011 011798D SALES BUILDING PERMIT Date ,AmountNUTC/Type ,Date ;Number Amount (Reason 2/27/2001 19,800 'NORMAL ARMS-LENGTH 1/28/2004 !WA HA 1348 1357 Misc _i TRANSACTION/Contract 12/16/1991,10,800 ;NORMAL ARMS-LENGTH , 'TRANSACTION /Contract 7/16/1982 5,000 SALE BY LENDING INSTITUTION OF PROPERTY ACQUIRED AS RESULT OF FORECLOSURE, ETC. / Deed _ /20/1981 13,000 NORMAL ARMS-LENGTH RANSACTION/Contract ASSESSED VALUES/CREDITS Year Class 2011 R ___... ! 100% Land Dwelling Building WETotal Acres alue 2,900 ,19,590 0 0 22,490 0 axable Land !Dwelling Building, M/E Total 1 alue 2,900 19,590 10 10 22,490 Year Class 2010 R J 100% Land !Dwelling Building M/E Total Acres 11 Value 3,10024,2400 0 27,340 ;0 Taxable Land Dwelling Building M/E Tom) Value 1,504 11,764 0 '0 113 268 Year Class 2009 R 100% Land Dwelling Building !WE total cress Value 3,100 24,240 0 0 27,340 0 axable Land Dwelling Building MIE otal alue 1,454 11,371 0 0 12,825 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 2011/2012 TaX 941131 -WATERLOO RATH AREA TIF AMD1 District Gross Value Taxable Value Military Exemption Levy Rate e Tax Gross Tax Net Corp 27,340 13,268 0 42.69322 1$566.45 $566.00 Nocorp 0 0 10 0 $0.00 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324457024 9/7/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 ?Homestead Disabled Veteran Property Tax Relief IAg Family Farm !Credit Credit Credit Credit Credit !Corp m$0.00 $0.00 $0.00 ._..0 0 I$0 $0.00 _ Nocorp $0.00 _ l .. _._ LEGAL ROBERT ROBINSONS SUBDIVISION OF THE EAST HALF OF THE WEST HALF OF LOTS NO 1 AND 2 OF HARDY AND VIRDENS PLAT OF THE SOUTH EAST QUARTER OF SEC 24 T 89 N OF R 13 WEST OF THE 5TH P M S 20 FT LOT 10 N 19 FT LOT 11 _W_.._._I LAND Basis IFrontRear Side 1 Side 2 Lot Area Acres Front 39 39 135 135 0 5265 0.121 'Foot Totals: 5265 , 0.121 DWELLING CHARACTERISTICS type Style Two-Family Conversion 12 Story Frame Year Built (Area Heat AC Attic 11906 7 4 es ,No None Total Rooms Above Total Rooms Below Bedrooms Above ;Bedrooms Below 7 0 4 0 Basement Basement Finished Area No Basement Floor Full 0 10 Foundation Flooring C Blk Carp/Tile Exterior Walls Interior Finish jWd Lap Plas Roof Asph/Gable Non-Base Floor/Wall Pipeless Handfired Space Heaters Heating 0 Year Built Style Area Basement(SF) No Basement(SF) Heat AC Attic Addtions 1906 ,1 Story Frame 6 0 0 Yes ;No ;0 11906 11 Story Frame 20 0 0 Yes No IO Plumbing Full Bath < ExtrasDesc Quantity 1 Sink _ Style rea NC WD DK 5X8 40 Porch 1 S Frame 135 Enclosed http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324457024 9/7/2011 1IIIIIU111111III1111111111Ills111111111111111III11111111111111111111IIIIIIII Doc ID: 004338280002 Type: GEN Kind: DEED Recorded: 12/10/2010 at 12:11:08 PM Fee Amt: $19.00 Page 1 of 2 Revenue Tax: $0.00 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER IN THE IOWA DISTRICT COURT FOR BLACK HAWK File2011-00011798 12.. � CITY OF WATERLOO, IOWA, ) .;(�., 42-6005327, ) �{ ) Petitioner, ) No. EQCV113916 ) vs. ) ) ORDER THE ESTATE OF ELIAS G. GROVER; ) ESSIE J. COOPER; DARRELL L. SMITH; ) KATRENA M. SMITH; MERCHANTS CREDIT ) ADJUSTERS, INC.; STATE OF IOWA; ) COVENANT MEDICAL CENTER; RUSS FOTH) PLUMBING, HEATING & COOLING; ) ) Respondents. ) NOW on this 7th day of December, 2010, this matter comes before the Court as scheduled for hearing. Present is Attorney David R. Zelihoefer representing the Petitioner, City of Waterloo, Iowa. No other attorneys or respondents appear. The Court notes that proof of service on all parties has been shown. The Petition and Original Notice were posted on the property located at 332 Irving Street on September 9, 2010, by the Black Hawk County Sheriff. The Estate of Elias Grover, Merchants Credit Adjusters, Inc., State of Iowa, Covenant Medical Center, and Russ Foth Plumbing, Heating & Cooling were served by certified mail as shown by the Proof of Service filed with this Court October 20, 2010. Essie Cooper was served by the Black Hawk County Sheriff's Office on October 1, 2010. Respondents Darrell L. Smith and Katrena M. Smith were served by publication as approved by this Court, said Proof of Publication being filed October 8, 2010. The Court deems that it has jurisdiction over the parties and of the subject matter. THE COURT MAKES THE FOLLOWING FINDINGS OF FACT: 1. That 332 Irving Street is legally described as: The South 20 feet of Lot No. 10 and all of Lot No. 11, except the South 41 feet thereof, in Robert Robinsons Subdivision of the East Half of the West Half of Lots . r' Nos. 1 and 2 of Hardy and Virdens Plat of the Southeast Quarter of Section 24, Township 89 North of Range 13 .. , West of the 5th P.M. in Black Hawk County, Iowa. This is a residence and not a commercial building. There are presently no utilities being provided to the property. The property is unoccupied and has been vacant for far more than six months. The property does not meet the City's housing code for being fit for human habitation or occupancy. The building is presently partially boarded up, but has been exposed to the elements for an extended period of time, which has made it deteriorate substantially. Many windows are broken out and rain and the elements have gotten into the interior, causing mold and rotting. There is a large presence and accumulation of debris and uncut vegetation on the property. 2. That because of the findings of fact made above, the Court determines that the property is an abandoned building pursuant to Section 657A.10A. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED, that the property cited above is an abandoned property pursuant to Section 657A.10A; judgment is hereby ordered in favor of the Petitioner, City of Waterloo, Iowa, and the Court hereby awards title of this property to the City of Waterloo, free and clear from any liens and encumbrances. The Clerk shall notify the Black Hawk County Recorder's Office, Auditor's Office, Assessor's Office, and Treasurer's Office, so that these offices may take note of this Order and adjust their records accordingly. Court costs shall be taxed to the Petitioner. l Judge of the First J icial District of Iowa 1,the Clerk of the District Court in and for Big '( F' County Iowa, hereby certify _ 1 Lh ;gig is a true, correct and UT-.: ,of the instrument herewith WM. N Ze E^-Z-rs of record in tie Office of the P C� k Cfer, c` District Court k1 and for Black �~ -~ Iowa hilt 10+ln day kc._ordetr_�.... of tecernI r .20 ICI . _ _ BLACKHAWK=MY CLEfi tOF�1?TIi�T COt iT 12/.10/I0 .. This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703 . RESOLUTION NO. 2011-893 RESOLUTION ACCEPTING AND APPROVING ACQUISITION OF PROPERTY GENERALLY LOCATED AT 332 IRVING STREET IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Iowa Code Section 657A. 10A allows cities to petition the courts for possession of vacant and dilapidated homes, of which no one will take responsibility for its condition, and WHEREAS, the hereinafter described parcel contains a vacant dwelling that has been deemed dangerous and unsafe and does not meet the City of Waterloo' s Housing Code, and WHEREAS, it is the intention of the City of Waterloo to demolish the dangerous building immediately, and WHEREAS, after said demolition, the City of Waterloo will be able to offer the property to the adjacent property owners or interested parties for a reasonable cost, and WHEREAS, the Iowa District Court for Black Hawk County found that proper Notice of Intent to Take Default against several parties was properly mailed, and WHEREAS, the Iowa District Court for Black Hawk County found: 1 . That 332 Irving Street, legally described as follows : The South 20 feet of Lot No. 10 and all of Lot No. 11, except the south 41 feet thereof, in Robert Robinsons Subdivision of the East Half of the West Half of Lots Nos . 1 and 2 of Hardy and Virdens Plat of the Southeast Quarter of Section 24, Township 89 North of Range 13 West of the 5th P.M. in Black Hawk County, Iowa; is a residence located in Waterloo, Black Hawk County, Iowa. There are no utilities being provided to the property. The property is unoccupied and has been vacant for a number of years . The property does not meet the City' s Housing Code for being fit for human habitation or occupancy. The building has been exposed to the elements for many years, which has made it deteriorate substantially. 2 . That because of the findings of fact made by the Iowa District Court of Black Hawk County, it was determined that the property is an abandoned building pursuant to Section 657A. 10A. WHEREAS, the Iowa District Court of Black Hawk County ordered, adjudged and decreed that the above described property Resolution No. 2011-893 Page 2 is an abandoned property pursuant to Section 657A. 10A and awarded title of said property to the City of Waterloo, and NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the above described property is accepted and approved for the purposes as described in Section 657A. 10A. PASSED AND ADOPTED this 12th d of September, 2011 . ajY Ernest G. Clark, Mayor ATTEST: :1.- A P Buzy Sc cares, CMC City Clerk l � �� CITY OF WATERLOO , IOWA • " r•r COMMUNITY PLANNING AND DEVELOPMENT ^^^^-S� 715 Mulberry Street • Waterloo,Iowa 50703-5783 • (319)291-4366 Fax(319)291-4262 erl o o �Q NOEL C.ANDERSON,Community Planning&Development Director CITY OF WATERLOO Council Communication Mayor City Council Meeting:Se to eflZ 20 BUCK Prepared:Sotember 201 CLARK Dept.Head Signature:...— #of Attachments: COUNCIL MEMBERS SUBJECT:Acceptance of 129 Ricker Street, through Iowa Code 657A. DAVID Submitted by:Noel Anderson ,Community Planning and Development Director JONES Ward I Recommended City Council Action:We would ask that the City Council adopt a resolution to accept the property at 129 Ricker Street, and authorize the Mayor and City Clerk to sign and fully execute any CAROLYN necessary documents needed for this acquisition. COLE Ward 2 Summary Statement: The property currently contains a vacant home that has been deemed dangerous HAROLD and unsafe. The City of Waterloo received a court order granting title to property located at 129 Ricker GETTY Street. This particular property cannot be reasonably rehabilitated therefore; it is our intentions to Ward 3 demolish the dangerous building immediately. QUENTIN After the demolition, the property would be available for sale to the adjacent property owners or other HART interested parties for a reasonable cost with the execution of a development agreement. The property Ward 4 dimensions are 40'x 133' for a total of 5,320 sq. ft;which does not meet the minimum lot width of 50' RON or the minimum lot size of 6,000 sq. ft. However, the lot is considered a "Lot of Record and therefore WELPER could legally be built upon but must still meet current set-back requirements which makes new Ward 5 construction unlikely on the particular parcel.The property is zoned "R-2" One and Two Family BOB Residence District. GREENWOOD At-Large Expenditure Required:There is no cost associated with the acquisition of the property other than the cost of filing for 657A with the Courts. However, asbestos removal and demolition may reach$6,000 to STEVE $8,000 dollars. SCHMITT At-Large Source of Funds: Dilapidated Housing Policy Issue: Dilapidated Housing Alternative:N/A Legal Description:The East 40 feet of Lot No. 16 in Block No. 2 in Ricker and Bratnober's Addition to the City of Waterloo, Iowa. Background Information:The City of Waterloo has been working to address the state of disrepair of the property through out the city using Iowa Legislation (657A) that allows cities to take possession of dilapidated and abandoned homes. Cc:Aric Schroeder,City Planner Dave Zellhoefer,Assistant City Attorney CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! ` An Equal Opportunity/Affirmative Action Employer Printable Map Output Page 1 of 1 Black Hawk County Parcel Map Parcel ID: 8913-13-356-010 Deed Holder: CITY OF WATERLOO Parcel Address: 129 RICKER ST, WATERLOO, IA 50703 i ' a ua and . s Fo ,,r parcaldim - - - S� ?�Fea u es roatluanta _ . hospital n !aal Plaloi airport Black Hawk C. . '? ; I. .74 fireoapt Parks_ Parka twprn I .h N Raliroar& ., Townships tyI Saohgtc 7 YYa ar 0 Parcels �,' Raghts al.Way ® Township NRi t^� Calf t.inoa ,ra,iroatl dim nnama_ roaMkm wammama { - ' ' ' ..r _....„4.,,,,i,.„,-, a T }$ s 3 *..-.,.. - . _ .. , , ,§. s.a, .x.: ar, aw „a —'*° 7 `tea r ' 8 b t S I r r r '; : f) t - " .4 '. ll asa2odwrisl�*s 1S tC}1 2•.2EItf1 d bit. �•» :d J tl4".c .. Black Hawk County,Iowa Map Disclaimer.This map does not represent a survey.No liability is assumed for the 316 East 5th Street accuracy of the data delineated herein,either expressed or implied by Black Hawk County, Waterloo,Iowa 50703-4774 the Black Hawk County Assessor or their employees.This map is compiled from official Phone:(319)833-3002 records,including plats,surveys,recorded deeds,and contracts,and only contains Fax:(319)833-3070 information required for local government purposes.See the recorded documents for more E-mail:auditor(cco.black-hawk.ia.us.orq detailed legal information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&Cl... 9/7/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 4 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8913-13-356-010 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST PDF No. Map Area Contract Bu er CITY OWNED 7 IEWTLO-13 ATERLOO, IA 50703-0000 6 `Property Address Current Recorded Transfer 129 RICKER ST Date Drawn 1Date Filed Recorded Document e WATERLOO, IA 50703-0000 - ----- - gyp 6/22/2011 16/23/2011 120110240!99 D SALES BUILDING PERMIT 'Date _mountNUTC/Type 'Date Number mount !Reason 9/15/2004594 SHERIFF OR TAX SALE/Deed 6/29/1999 1446 ,550 Int-Remodel 5/1 8/1 999 1,000 SALE INVOLVING 2/19/1999 0027 3,050 Misc CONSIDERATION FOR PERSONAL PROPERTY/ Deed ASSESSED VALUES/CREDITS j ,Year Class 12011 R 100% Land Dwelling ;Building M/E Total Acres Value_ 2,970 8,830 0 0 11,800 0 Taxable Land Dwelling Building IM/E Tot_al _- Value 2,970 8,830 0 ,80- __- �0 11,800 Year Class 2010 R -.____,J 100°/a Land [Dwelling Building M/E Total cres Value 3,18 14,680 0 0 [0 117,860 0 Taxable Land Dwelling Building TM/E ota_l Value 1,543 7,124 0 0 8,667 Year Class 2009 R 100% Land Dwelling Building M/E Total Acres alue 3,180 14,680 10 10 F17,860 0 [Taxable Land Dwelling _.._ Building M/E Total slue 1,492 16,886 10 10 18,378 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 2011/2012 `Tax 'District 940001 -WATERLOO Gross Value Taxable ValueMilitary Exemption Levy Rate `Gross Tax Net Tax Corp 17,860 8,667 10 42.69322 1$370.02 1$370.00 Nocorp 0 [0 0 0 _ $0.00 Homestead Disabled Veteran Property Tax Relief g ' Family Farm Credit Credit Credit Credit ,Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891313356010 9/7/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 LEGAL RICKER AND BRATNOBERS ADDITION E 40 FT LOT 16 BLK 2 LAND basis Front Rear Side 1 Side 2 `Lot Area ores I r _ Front 40 40 133 133 0 5320 0.122 Foot Totals: 53200.122 DWELLING CHARACTERISTICS `Type Style 1 Single-Family/Owner Occupied 2 Story Frame _ Year Built rea Heat AC ttic 1910 32 Yes No None ;Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 0 3 ----- 0 Basement Basement Finished Area No Basement Floor Full 0 Foundation Flooring Stn Carp/Vinyl Exterior Walls Interior Finish iVin-YI Plas __ . I Roof Asph/Gable Non-Base Floor/Wall Pipeless W HandfiredSpace Heaters Heating 0 _ _ Plumbing 1 Full Bath 1< Style rea Porch 1 S Frame Enclosed 133 1 S Frame Open 72 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891313356010 9/7/2011 11111111111111111111111110111111111111111111 II►1►►1►►II Doc ID: 004501260002 Type: GEN Kind: DEED Recorded: 06/23/2011 at 12;29:21 PM Fee Amt: $19.00 Page 1 of 2 Revenue Tax: $0.00 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER File2011-00024099 FILE D.1, IN THE IOWA DISTRICT COURT FOR BLACK HAWK COUNTY CITY OF WATERLOO, IOWA, ) MI + U AM : Q 42-6005327, ) CLERK OF OISTRIC i COURT ) BLACK NAW,C COUNTY.IOWA Petitioner, ) No. EQCV115530 �(�' ) vs. ) ) ORDER STATE WIDE LANDS, LLC; OHP 19, LC; ) and BLACK HAWK COUNTY, IOWA, ) ) Respondents. ) NOW on this 22nd day of June, 2011, this matter comes before the Court as scheduled for hearing. Present is Attorney David R. Zelihoefer representing the Petitioner, City of Waterloo, Iowa. No other attorneys or respondents appear. The Court notes that proof of service on all parties has been shown. The Petition and Original Notice were posted on the property located at 129 Ricker Street on March 9, 2011, by the Black Hawk County Sheriff. Respondents, OHP 19, LC, and Black Hawk County, Iowa, were served by certified mail. Respondent, State Wide Lands, LLC, was served by publication as shown by Affidavit of Publication filed April 4, 2011. No one appears today on behalf of any Respondents, so all of them are hereby found in default. THE COURT MAKES THE FOLLOWING FINDINGS OF FACT: 1. That 129 Ricker Street is legally described as: The East 40 feet of Lot No. 16 in Block No. 2 in Ricker and Bratnober's Addition to the City of Waterloo, Iowa. This is a residence and not a commercial building. There are presently no utilities being provided to the property. The property is unoccupied and has been vacant for a number of years. The property does not meet the City's housing code for being fit for human habitation or occupancy. The building is presently partially boarded up, but has been exposed to the elements for an extended period of time, which has made it deteriorate substantially. There is a large presence and accumulation of debris and uncut vegetation on the property. Many windows are broken out and there are holes in the roof and eaves areas. 2. That because of the findings of fact made above, the Court determines that the property is an abandoned building pursuant to Section 657A.10A. IT IS, THEREFORE, ORDERED, ADJUDGED AND DECREED, that the property cited above is an abandoned property pursuant to Section 657A.10A; judgment is hereby ordered in favor of the Petitioner, City of Waterloo, Iowa, and the Court hereby awards title of this property to the City of Waterloo, free and clear from any liens and-encumbrances. The Clerk shall notify the Black Hawk County Auditor's Office, Assessor's Office, Recorder's Office and Treasurer's Office, so that these offices may take note of this Order and adjust their records accordingly. Court costs shall be taxed to the Pe ' • Judge of the F. st Judicia District of Iowa • David F. Staudt District Judge,First Judicial District I,the Cleric of the District Couftiff and for Black H lt Tounty,-Iowa• hereby,eertity that i:,. i ._ ;ig is a true, correct and ti^ mai!.;d of delivered to co copy of the instrument herewith E �T7- .l3Ze I I h� that apo rs of record In the Office of the Cle::c: District Court in and for Bieck t irlc Hawk County,Iowa this 2 3 rd day cjt.i ,20 11 C_ Any DLACKHAWK COUNTY c• CLERK OF DISTRICT COURT `s By:1�#1-21 c i fir:c Designee C_ ! Vec^ordeY /II b/2541 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703 . RESOLUTION NO. 2011-894 RESOLUTION ACCEPTING AND APPROVING ACQUISITION OF PROPERTY GENERALLY LOCATED AT 129 RICKER STREET IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Iowa Code Section 657A. 10A allows cities to petition the courts for possession of vacant and dilapidated homes, of which no one will take responsibility for its condition, and WHEREAS, the hereinafter described parcel contains a vacant dwelling that has been deemed dangerous and unsafe and does not meet the City of Waterloo' s Housing Code, and WHEREAS, it is the intention of the City of Waterloo to demolish the dangerous building immediately, and WHEREAS, after said demolition, the City of Waterloo will be able to offer the property to the adjacent property owners or interested parties for a reasonable cost, and WHEREAS, the Iowa District Court for Black Hawk County found that proper Notice of Intent to Take Default against several parties was properly mailed, and WHEREAS, the Iowa District Court for Black Hawk County found: 1 . That 129 Ricker Street, legally described as follows : The East 40 feet of Lot No. 16 in Block No. 2 in Ricker and Bratnober' s Addition to the City of Waterloo, Iowa; is a residence located in Waterloo, Black Hawk County, Iowa. There are no utilities being provided to the property. The property is unoccupied and has been vacant for a number of years . The property does not meet the City' s Housing Code for being fit for human habitation or occupancy. The building has been exposed to the elements for many years, which has made it deteriorate substantially. 2 . That because of the findings of fact made by the Iowa District Court of Black Hawk County, it was determined that the property is an abandoned building pursuant to Section 657A. 10A. WHEREAS, the Iowa District Court of Black Hawk County ordered, adjudged and decreed that the above described property is an abandoned property pursuant to Section 657A. 10A and awarded title of said property to the City of Waterloo, and ., Resolution No. 2011-894 Page 2 NOW, THEREFORE, BE IT RESOLVED BY- THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the above described property is accepted and approved for the purposes as described in Section 657A. 10A. PASSED AND ADOPTED this 12th day of September, 2011 . Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cl rk CITY OF WATERLOO Council Communication City Council Meeting: September 6, 2011 Prepared: September 12, 2011 Dept. Head Signature: Bradley Hagen , # of Attachments: 1 SUBJECT: Approval of Change Order #2 with Allied Manatts Group, LLC in the deduct amount of($10,315.00) in conjunction with the Rehabilitate Apron Phase 3A,project at Waterloo Regional Airport. Submitted by: Bradley Hagen, Airport Director Recommended City Council Action: Approval of Change Order#2 with Allied Manatts Group, LLC in the deduct amount of($10,315.00) in conjunction with the Rehabilitate Apron Phase 3A project at Waterloo Regional Airport Summary Statement Expenditure Required:None Source of Funds: N/A Policy Issue Alternative Background Information: During the Apron project,we worked with the contractor to provide for a Portland Concrete Cement transition section as it will allow the Apron to be opened sooner for the Waterloo Air Show, but also will provide a less expensive option than asphalt. The FAA has approved of this Change Order #2. This change order will decrease the amount of FAA grant and PFC funds by the same amount ($10,315). WATERLOO COMMISSION ON HUMAN RIGHTS MONTHLY MEETING Thursday, July 14, 2011, 4:00 p.m. HUMAN RIGHTS CONFERENCE ROOM 4:00 P.M. —5:00 P.M. Call to Order Commissioner Rhonda McRina called the meeting to order at 4:14 p.m. on Thursday, July 14, 2011. Roll Call Rhonda McRina, Dustin Cox, Sulejman Dizdarevic, Sharina Sallis, Ron Wood Excused Absence: Beth Huffman Unexcused Absence: Steve Buckles, Ricardo Uranga, Jr. Staff Present Abraham Funchess, Shelly Kruger Others Present David Goodson, Dr. Michael Blackwell Oral Presentation from the Public David Goodson and Dr. Michael Blackwell were present. Discussion was based around a proposal for ex-felons becoming a protected class. Also discussed was the proper wording to add anti-discrimination language to the Waterloo City code. Commissioner Sallis made a motion to accept the research that was presented and it was 2nd by Commissioner Wood. Approval of Agenda Motioned by Commissioner Sallis and 2nd by Commissioner Cox to accept the agenda. Approval of Minutes Motioned by Commissioner Sallis and 2nd by Commissioner Cox to correct and accept the April & June minutes. Tracking Data by Dan Trelka, Director of Safety Services The latest data, when it comes to the crime rate, indicates that Waterloo's crime rate is down 21.5% from last year. There was a total of 10 use of force incidents for the past month (June 14 —July 14). Also in the past month there were 4 tazer incidents and of those 4 tazer incidents, 2 were displays and 2 were deployments. In the past 90 days there were 22 internal complaints. Of those 22, 8 remain active. One of the officers that was a target of an internal investigation resigned last year, one officer received a 3-day suspension and one officer received a reprimand. Approval of Revenue & Expense Reports Motioned by Commission Cox and 2° by Commissioner Sallis to accept the April, May& June reports. Commission Management Administrative/Policy Documents Upcoming Trainings—Kansas City and Baltimore,MD There are some upcoming trainings being held in Kansas City and Baltimore, MD. We decided against the Maryland trip simply because we need to focus right now on Kansas City, the HUD trip. The two investigators and the director will be going to Kansas City to attend the training August 16— 18. We want to do everything we can to ensure HUD officials that we want to continue our FHAP designation. Citizens for Undoing Racism—Upcoming Undoing Racism Workshop and New Book Discussion The Flat World and Education The Waterloo Commission on Human Rights plays a very pivotal role in this organization. Citizens for Undoing Racism now takes the place of Cedar Valley Diversity Appreciation Team. Also,the WCHR now houses the secretary for Citizens for Undoing Racism. We are working with Veridian,the Community Foundation, etc to held raise monies for these workshops. The next workshop is proposed to be at Hawkeye Community College September 21 —23. Currently we have a tentative commitment to get the space there and some financial support for the meals .If you haven't been there already we encourage you to go through them,the training is excellent. Part of Citizens for Undoing Racism is continuing education in these community discussions and over the past year one of the book discussions was about The New Jim Crow by Michelle Alexander. Out of that we now have this discussion about protected language for that particular group of individuals. Now we're moving forward to another discussion, which is about education. It has been decided that we should study The Flat World and Education by Linda Darling-Hammond. Status of EEOC Application Process We are still working on our EEOC application. We may not know anytime soon, as in the next quarter of the year, as to where we fall with that but we are still working on it. Commissioner Nominations We currently have one commissioner vacancy and we are looking at Jenifer Lara as our next viable commissioner for our team. We would like to get a nominating committee together to visit with Ms. Lara sometime in the near future. Rhonda McRina, Dustin Cox and Ron Wood volunteered to be on the nominating committee to interview Jenifer Lara. Ordinance Changes We are in the process of submitting an ordinance change to the City Council to change our number of commissioners from 10 to 9. This will make it easier to break ties when it comes to voting. Staff Reports Reports were made available Commissioners Reports Planning & Zoning None Other None Adjournment Motioned by Commissioner Wood and 2nd by Commissioner Cox to adjourn. 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