Loading...
HomeMy WebLinkAboutCouncil Packet-12-12-2011teto 4 urfetr:64k Ct r tri? ((g15) THE CITY COUNCIL OF THE CITY OF WATERLOO, f w,4.90(<-112,3 (i 215) IOWA, REGULAR SESSION TO BE HELD AT THE (015) MONDAY, HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, DECEMBER 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 Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. • 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Harold Getty, Ward 3 Council Member. December 12, 2011 Agenda, as proposed or amended. Minutes of December 5, 2011, Regular Session, as proposed. Page 2 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public. requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Request of Iowa Habitat for Humanity for tax exemptions on improvements totaling $79, 000.00 for property located at 4909 Fostoria Drive and located in the Consolidated Urban Revitalization Area Submitted by Christopher Western, Planner II 3. Request of Iowa Habitat for Humanity for tax exemptions on improvements totaling $80, 000.00 for property located at 209 Ash Street and located in the I.P Consolidated Urban Revitalization Area Submitted by Christopher Western, Planner /I 4. Request of Iowa Habitat for Humanity for tax exemptions on improvements totaling $79, 000.00 for property located at 730 Knoll Avenue and located in the Consolidated Urban Revitalization Area Submitted by Christopher Western, Planner II b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to Exceed Sergeant Hoelscher; Officer Bram Advanced Electronics Course Des Moines, Iowa January 9-13, 2012 $867.00 2. Recommendation of appointment of Sheryl Akin to the position of Legal Assistant Secretary, effective December 13, 2011. Submitted by James Walsh, City Attorney December 12, 2011 Page 3 Class C Beer License Permit Application 3. Prime Mart, 1008 LaPorte Road (Renewal) (Expires 11/22/ 12) (Includes Sunday Sales) 4. City Liquor & Tobacco, 508 Broadway Street (Permanent transfer 200 Broadway Street) (Includes Sunday Sales) Class C Liquor License Permit Application 5. The Saloon, 303 W. 4th Street (Renewal) (Expires 11/ 14/ 12) (Includes Sunday Sales) Class E Liquor License Permit Application 6. King Star, 127 Jefferson Street (Renewal) (Expires 11/ 6/ 12) 7. City Liquor & Tobacco, 508 Broadway Street (Permanent transfer 200 Broadway Street) (Includes Sunday Sales) Special Class C Beer/ Wine License Permit Application 8. Grout Museum, 503 South Street (Renewal) (Expires 12/ 14/ 12) (Includes Sunday Sales) Class B Wine License Permit Application 9. Prime Mart, 1008 LaPorte Road (Renewal) (Expires 11/ 22/ 12) (Includes Sunday Sales) 10. City Liquor & Tobacco, 508 Broadway Street (Permanent transfer 200 Broadway Street) (Includes Sunday Sales) Outdoor Service Area Application 11. Grout Museum, 503 South Street (Renewal) (Expires 12/ 14/ 12) (Includes Sunday Sales) PUBLIC HEARINGS 2. Purchase of One (1) 2012 Bandit Wood Chipper, Model 1990XP for Leisure Services Department from Aspen Equipment Co. of Ankeny, Iowa at a cost of $74,311.30 Motion to receive and file proof of publication of notice of public hearing iggintk HOLD HEARING—No objections on file (Motion to close hearing and receive and file oral and written comments. p Resolution confirming approval of specifications, bid document, etc. %Resolution authorizing to proceed. Submitted by Mark Rice, Superintendent of Central Garage December 12, 2011 Page 4 3. Property Exchange Agreement, Assignment of Offer to Buy Real Estate and Acceptance with L and H Farms, Ltd. for the conveyance of approximately 50 acres of city-ownedpertr� located at the intersection of U.S. Highway" 20 and Ansborough Avenue, and city to acquire approximately; 24.5 acres of property' located at the southeast corner of the intersection of U.S. Highway 20 for $750,000.00 plus up to $10,000.00 in closing costs ! Motion to receive and file proof of publication of notice of public hearing Q-161?au HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution approving said exchange agreement; and authorize Mayor and City Clerk to execute said document. Resolution authorizing said conveyance; and auth rite City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director RESOLUTIONS 4. 2� 4 `32"- 6. (t° k6tiC Resolution approving submission of Cedar Trails Partnership grant request in the amount of $10,000.00 to be used for the Trolley Car Trail Improvements Project; and authorize Leisure Services Director to execute said document. Submitted by Paul Huting, Leisure Services Director Resolution approving submission of Black Hawk County Gaming Association grant request in the amount of $50, 000.00 to be used for the Trolley Car Trail Improvements Project; and authorize Leisure Services Director to execute said document. Submitted by Paul Huting, Leisure Services Director Resolution approving award of contract to Peterson Contractors Inc. of Reinbeck, Iowa in the amount of $114,500.00 for the 2011 Riverview Recreation Area Passive Unit Enhancement Phase II, Contract Nts. 815. Submitted by Rick Curran, Leisure Services Facilities Manager Resolution ap*roving Professional Services Agreement with JDE Engineering in an amount not to exceed $28,900.00 for design r engineering services for the F.Y. 2012 Geraldine -"oad - Phase II, Contract \6 5 J No. 821; and authorize Mayor to execute said document. Submitted by Jeff Bales, Associate Engineer December 12, 2011 Page 5 8. Resolution approving award of contract and contract execution with Affordable Hazards Removal, Inc. of Monticello, Iowa in the amount of $17,600.00 for the Removal of Asbestos, Contract No. 140AR-12-05-11-GO for structures located at: 116 W. Parker Street, 312 Charles Street, 318 E. 9th Street, 332 Irving Street, 1114 Jefferson Street, 1116-1118 Jefferson Street, 213 N. Barclay Street, 129 Ricker Street and 135-137 University Avenue; and authorize Mayor and City Clerk to execute said contract. Submitted by Rudy D. Jones, Community Development Director 9. Resolution approving award of contract and contract execution with Benton's Sand & Gravel, Inc. of Cedar Falls, Iowa in the amount of )631 $28,555.00 for the Demolition and Site Clearance of the Former Van Eaton School located at 2170 Burton Avenue, Contract No. 175-D-CDBG- 12-12-11; and authorize Mayor and City Clerk to execute said contract. Submitted by Rudy D. Jones, Community Development Director Resolution approving the Development Agreement for JSA Development, 010. LLC for the redevelopment of over 45 parcels in Downtown Waterloo, with a rise in taxable value of over $3 million and 100 percent tax rebates for 7 years; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director ORDINANCES /On City Limits Urban Revitalization Area Resolution determining an area of the City to be a revitalization area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the City Motion to receive, file, consider and pass for the first time an Ordinance establishing the City Limits Urban Revitalization Area; rescinding Ordinance No. 5068 in its entirety. Motion to suspend rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director December 12, 2011 Page 6 OTHER COUNCIL BUSINESS 12. Motion removing from the table and placing the following onto the December 19, 2011 Council agenda: Development Agreement with JSunnyside South Addition, LLC for the vacation, sale and conveyance of a portion of San Marnan Drive generally located between Galactic Drive and 1(\ West 4th Street, west of Ansborough for $1.00 plus costs, for the purpose of relocating the roadway for the creation of new residential lots. Submitted by Suzy Schares, City Clerk 13. Motion approving Change Order No. 2 for a net increase of $3,404.00 for work performed by Don Gardner Construction of Waterloo, Iowa in conjunction with 2011 Waterloo Forestry Building Upgrades located at 1117 Campbell Avenue. Submitted by Rick Curran, Leisure Services Facilities Manager 14. Purchase of 2012 Golf Turf Equipment Motion to instruct Leisure Services Director to prepare specifications, bid document, etc. Motion to receive and file specifications, bid document, etc. 1k • Resolution preliminarily approving specifications, bid document, etc. did Resolution setting date of hearing and bid opening as January 9, 2012 Ik9C1 and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager 15. 2012 Riverfront Sports Park Shelter Project Motion to instruct Leisure Services Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. 11Resoiution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as January 3, 2012 I ` and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Rick Curran, Leisure Services Facilities Manager December 12, 2011 Page 7 16. Demolition and Site Clearance of the _following properties: 915 Lafayette Street, 917 Lafayette Street, 919 Lafayette Street, 927 Lafayette Street and 1021 Lafayette Street, Contract No. 174-D-NSP3-01-12-12 Motion to instruct Community Development Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. 014Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as January 3, 2012 MI and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Rudy D. Jones, Community Development Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, December 12, 2011 4:10 p.m. - Council Work Session, Council Chambers 4:25 p. m. - Council Work Session, Council Chambers 4:55 p.m. - Public Works Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers CONTRACT PAYMENT SCHEDULE 1. Waterloo Dam Rehabilitation and Riverwall Reconstruction, Contract No. 713. Pay estimate No. 32 to AECOM in the total amount due of $4,155.54 2. F.Y. 2010 Cedar River Water Trail (Portages), Contract No. 734 Pay estimate No. 25 to Vieth Construction in the total amount due of $117,014.83 3. F.Y. 2008 Cedar Valley River Renaissance Trail Enhancement, Contract No. 743 Pay estimate No. 46 to Vieth Construction in the total amount due of $5, 795.75 4. F.Y. 2010 Riverfront Renaissance Lower Plaza, Contract No. 763 Pay estimate No. 35 to Peterson Contractors in the total amount due of $16,231.94 December 12, 2011 Page 8 5. F. Y. 2010 Street Reconstruction, Contract No. 772 Pay estimate No. 31 to Aspro in the total amount due of $42,867.43 6. F. Y. 2011 River Renaissance North Downtown Trail, Contract No. 786 Pay estimate No. 16 to Vieth Construction in the total amount due of $62,474.52 7. F. Y. 2011 Street Reconstruction, Contract No. 798 Pay estimate No. 15 to Aspro in the total amount due of $9, 794.50 8. F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808 Pay estimate No. 8 to Peters Construction Corp in the total amount due of $142,612.72 9. F.Y. 2012 Sidewalk Repair Assessment Program - Zone 1, Contract No. 811 Pay estimate No. 5 to B 8613 Builders & Supply in the total amount due of $2, 766.09 Amended Council Agenda Items Council Meeting Monday, December 12, 2011 AMEND 3. Property Exchange Agreement, Assignment of Offer to Bug Real Estate and Acce• tance with L and H Farms. Ltd. or the conve ance o a •• roximatel 50 acres of citg-owned property located in the north half of the Northwest uarter o Section 26 Townshi 88 North and cit to ac ' uire approximatelg 24.5 acres of property located at the southeast corner of the intersection of U.S. Highway 20 for $750,000.00 plus up to $10,000.00 in closing costs 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. )46 Resolution approving said exchange agreement; and authorize Mayor and City �' ' ✓ Clerk to execute said document. Resolution authorizing said conveyance; and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director 12. Motion removing from the table and placing the following onto the December 19, 2011 Council agenda: an Ordinance vacating a portion of San Marnan Drive generally located between Galactic Drive and West 4th Street, west of Ansborough in conjunction with Development Agreement with Sunnyside South Addition, LLC for the vacation, sale and conveyance of a portion of San Marnan Drive generally Iocated between Galactic Drive and West 4th Street, west of Ansborough for $1.00 plus costs, for the purpose of relocating the roadway for the creation of new residential lots; and a resolution approving a Development Agreement with Sunnyside South Addition, LLC. Submitted by Suzy Schares, City Clerk Maya' BUCK CLARK COUNCIL MEMBERS DAVID JONES i lwd / CAROLYN COLE fiord 2 HAROLD GETTY Yard J QUENTIN HART triad 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Lingo CITY OF WATERLOOIOWA COMMUNITY PLANNING AND DEVELOPMENT - 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-1366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Direcror December 7, 2011 Honorable Mayor Buck Clark City Council Members City Hall Waterloo, Iowa 50703 Dear Mayor and Council: Attached please find a formal application for tax exemptions on improvements made to the property located at 730 Knoll Ave. Waterloo, Iowa 50703. Iowa Habitat for Humanity has submitted the application for the following improvement(s): New Build. The sum costs of these improvements are expected to reach $79,000. These improvements qualify for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area Plan. The applicant has selected the (10) year partial exemption schedule. The property address is identified below: ADDRESS 730 Knoll Ave. Waterloo, Iowa 50703 LEGAL DESCRIPTION Gallaway Addition Waterloo lots 284 and 285, in the City of Waterloo, Black Hawk County, Iowa. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that it does conform to the CURA Plan. We would therefore recommend approval of this application. Sincerely, C fi cic"<9 &&tc - Int v\/ Christopher W. Western Planner 11 Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: www.ci-waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Aug 30 11 05:43p Iowa Headland Habitat 3192326313 URBAN RE•YITALIZATION APPLIC A'I'FOI'd FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE URBAN REVITALIZATION PLANS ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. p.2 The Consolidated Urban Revitalization Area (COPA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1: At least a 10% improvement to the value of the residential property. At least a 15% improvement to the valve of commercial property if a building was previously on the site. It commercial property was previously vacant, all actual value added by the improvements is eligible for taxexemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Plamning & Development Department.) 3. phis application must be filed with your assessor according to the timeline of the Stale Code of Iowa, Section 404.4 unnumbered paragraph 2 (as attached.) However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has bee granted by the City Council or Conuty Board of Supervisors. Pleasefill out the following information for your application to be submitted to the City Council. a WFF ADDRESS: D ({) - TELEPHONE: 3tC'[- 3. ?a 5 91 Li N,amIE: A. What is the Address of your property? SIGNATURE: DATE: g(3o ( -o 1. t 13-0 KALk % ✓-�u-e , What is the Legal' Description of yptir re erty? (Availabl` at County Assessor's Office on 2°a floor of the Courthouse)? Li -I -I- ,2 g ---r 13. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2.A partial exemption on the actual value added by improvements according to the following schedule: a. First Year --------50"% d. FourthYear 5O% g. SeventhYear----30% b- Second Year 70% e. Fifth Year-------- 40% h. Eighth Year 30% c. Third Year 60% f. Sixth Year 40% i. Ninth Year -20% j. Tenth Year— 20% 1% s c.c.s .2 -t -j) (I - ) D. City of Waterloo Building and Inspections Department Information: Permit Number: 2-44H 0 S9 al Date permit was issued: ri ! -1 d U, 1 E. What was the cost of the improvement? 7 9, 0-0-€1 , F. Estimated or actual date of completion of these improvements? C. What was the nature of the improvement(s)? 1 Total pemut(s) valuation: -7 91 6" `' <'% G. If this is not a singe -family dwelling unit, which you own and reside in, will these improvements create a displacement of you tenants? Yes No CITY OF WATERLOO APPROVED DATED: RESOLUTION NO: DENIED 1 BLACK HAWK COUNTYASSESSOR APPROVED DATED: DENIED Note: Note: Vicki Atkins Black Hawk County Assessor The improvements to your home or business may not change the assessed value. City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Mack Hawk County Assessor's Office for criteria eligibility. Printable Map Output Page 1 of 1 Black Hawk County Parcel Map Parcel ID: 8913-22-334-007 Deed Holder: IOWA HEARTLAND HABITAT FOR HUMAN Legal: 1GALLOWAY ADDITION WATERLOO LOT 285 Legend Fe;In. hospital airport rede orka Parka Mpmp Railroad, Township. Mtn Parula Rights..Way L, Twn,hlp Clty linos ranro,d dl,n ,naddhn Parcmdim A01.1‘1Phoba Black Hawk Co ap tozlod with (CI Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor(c,co.black-hawk.ia.us.orq pap Disclaimer: This map does not represent a survey. No liability is assumed for the ill he of the data delineated herein, either expressed or implied by Black Hawk County, (the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains ;information required for local government purposes. See the recorded documents for more (detailed legal information. http://www2. co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 12/7/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 ride\d:�aaVJ4:teietldei 4M%ir• SALES Date Amount NUTC/Type`' Parcel :ID Deed Holder -. ., .:.., .- Tax Mail toAddress MULTIPLE PARCEL SALE / Deed 8913-22-334-007 IOWA HEARTLAND HABITAT FOR HUMAN IOWA HEARTLAND HABITAT FOR HUMAN 803 W 5TH WATERLOO, IA 50702-0000 8/31/2006 PDF No. Map Area Contract Buyer 3 WWTLO-15 Land Property Address Current Recorded Transfer 10/30/199639,995 00000 00000-0000 Date Drawn Date Filed Recorded Document ype 11/24/2010 12/8/2010 2011 011585 ,D SALES Date Amount NUTC/Type`' 11/24/20100 R MULTIPLE PARCEL SALE / Deed 11/25/20090 MULTIPLE PARCEL SALE / Deed 8/31/2006 78,500 RESIDENTIAL SALE OF TWO OR 0 0 15,820 0 MORE PARCELS -SINGLE Land Dwelling CONSIDERATION / Deed 10/30/199639,995 2,954 RESIDENTIAL SALE OF TWO OR 0 0 2,954 MORE PARCELS -SINGLE 5,080 b CONSIDERATION / Deed BUILDING PERMIT None ASSESSED VALUES/CREDITS ear > Class 2011 R 100% Value Land Dwelling Building M/E [Total Acres 5,820 0 0 0 15,820 0 V[Taxable alue Land Dwelling Building M/E [Total 2,954 0 0 0 2,954 Year Class 2010 R 1100% alue Land ;Dwelling Building M/E [total Acres 5,080 10 0 0 5,080 0 [taxable Value Land ',Dwelling (Building M/E 0 Total 2,465 2,465 (0 l0 Year 940001 - WATERLOO Class Gross ValueTaxable Value Military Exemption Levy Rate 2009 Corp 5,080 12,465 R 42.69322 $105.24 $106.00 100% Value Land [Dwelling Building M/E r Total cres 5,080 b 0 5,080 0 Taxable Value Land Dwelling Building 1M/E Total 2,383 10 0 10 2,383 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 2011/2012.., Tax District 940001 - WATERLOO Net Tax Gross ValueTaxable Value Military Exemption Levy Rate Gross Tax Corp 5,080 12,465 10 42.69322 $105.24 $106.00 Nocorp 0 0 j0 0 $0.00 r http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891322334007 12/7/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 LE©AL'? GALLOWAY ADDITION WATERLOO LOT 285 Basis Homestead Credit Disabled Veteran Credit Property Tax Relief Ag Credit Credit Family Farm Credit $0.00 Corp $0.00 ;$0.00 $0.00 j$0.00 Nocorp 0 5000 10.115 x000 10.115 $0.00 LE©AL'? GALLOWAY ADDITION WATERLOO LOT 285 Basis Front ' (Rear Side 1 Side 2 Lot Area Acres Front Foot 0 40 125 125 0 5000 10.115 x000 10.115 Totals: http: //www2.co.black-hawk. ia.us/website/blunap/bhRepDet.asp?apn=8913223 34007 12/7/2011 Printable Map Output Parcel ID: Deed Holder: Legal: Logone Salsatad F¢aW Ws hospital airport O,edepl inks— parks MpmO Railroads Townships E¢cGwra Wabl H_I Parcels ' flIOMiN.We'. TwnaMp tie City Lines ealloaO d m . dden Black Hawk County Parcel Map 8913-22-334-008 OWA HEARTLAND HABITAT FOR HUMAN GALLOWAY ADDITION WATERLOO LOT 284 parceldim roadn AerialPhelps Placa Hawk Co. Black Hawk County, Iowa W316 East 5th Street aterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor(iilco.black-hawk.ia.us.orq Page 1 of 1 Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for local government purposes. See the recorded documents for more detailed legal information. http://www2.co.blaek-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 12/7/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel; ID 8913-22-334-008 Deed Holder IOWA HEARTLAND HABITAT FOR HUMAN Tax Mail to Address PDF No. Map Area Contract Buyer 3 WWTLO-15 Property Address IOWA HEARTLAND HABITAT FOR HUMAN 803 W 5TH WATERLOO, IA 50702-0000 Current Recorded Transfer Date Drawn Date Filed Recorded Document 'Type 11/24/2010 112/8/2010 2011 011585 D SALES.. Date Amount NUTC/Type 11/24/2010 10,000 SALE TO/BY EXEMPT ORGANIZATION (SELLER OR BUYER EXEMPT ORGANIZATION) / Deed 11Q5/2009 0 8/31/2006 78,500 10/30/1996 MULTIPLE PARCEL SALE / Deed RESIDENTIAL SALE OF TWO OR MORE PARCELS -SINGLE CONSIDERATION / Deed 39,995 RESIDENTIAL SALE OF TWO OR MORE PARCELS -SINGLE CONSIDERATION / Deed BUILDING PERMIT Date Number Amount Reason 10/5/2011 WA 07791 9,125 Furnace 8/10/2011 WA 05928 79,000 New Dwlg ASSESSED VALUES/CREDITS` War Class 2011 (R 100% Land Dwelling (Building M/E Total Acres Value 5,820 730 10 0 6,550 10 Taxable Land Dwelling [Building M/E Total 'Value 2,954 370 10 0 13,324 Year Class 2010 'R 100% Value Land 'Dwelling Building M/E Total Acres 5,080 300 0 0 5,380 0 Taxable "Land Dwelling 1146 Building 0 M/E 0 Total 2,611 Value _12,465 Year 'Class 2009 R ------- 100% Value (Taxable Value -- Land ------------ Dwelling ------- Building -- 1M/E Total cres 5,080 300 0 0 5,380 0 Land Dwelling 1Building M/E Total 2,383 141 0 0 2,524 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 201112012.:. Tax District 940001 - WATERLOO Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891322334008 12/7/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 'Corp 5,380 2,611 0 $42.69322 Total Rooms Above Total Rooms Below $111.47 $0.00 $112.00 Nocorp 0 9 0 10 Homestead Credit 'Disabled Veteran Credit Property Tax Relief 'Credit 1Ag Credit $0.00 Family Farm Credit 1$0.00 [ Corp $0.00 1$0.00 $0.00 L0,00 Nocorp Non -Base [Floor/Wall Non -Base I LEGAL; [GALLOWAY ADDITION WATERLOO LOT 284 LAND !Basis (Front, 40 (Front Foot 'Totals: Rear 40 (125 Side 1 Side 2 Lot Area 125 0 Acres 5000 [0.115 X115 l50oo DWELLING CHARACTERISTICS Type Style Detached Structures Only (None Year Built Area Heat AC Attic 2002 [0 fres Yes None Total Rooms Above Total Rooms Below Bedrooms Above 0 Bedrooms Below 0 0 10 Basement Basement Finished Area o Basement Floor Full 0 10 Foundation Flooring None None Exterior Walls Interior Finish None - None Roof None Non -Base [Floor/Wall Non -Base Pipeless Handfired [Space Heaters Heating, 10 Plumbing 1 Full Bath YARD EXTRAS Description ea[Buil Sheds 1993 'Quantity 1 Piot No. Extended Description 66 SF, Metal, Low Pricing http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891322334008 12/7/2011 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED 010-11-1100-1346 FY _201,1_ BUDGETED06,1 EXPENDED YTD THIS. REQUEST LEFT AFTER THIS REQUEST DATE Original — Clerk/Finance / le, G'tiJ°3v 7/.2(.-- /1 -.,? 5-2(..)/ / Copy - Department NAME(S) AND POSITION(S): Sergeant Brian Hoelscher & Officer Shawn Bram DATE: November 17th, 2011 NAME OF CLASS / MEETING: Advanced Electronics Course DESTINATION: Des Moines, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: January 9th, 2012 Return Date: January 13th, 2012 DATE(S) OF MEETING: January 9th -13th 2012 PURPOSE OF TRAVEL: Lt Cirksena is requesting authorization to send Sergeant Hoelscher and Officer Bram to an advanced electronics course in Des Moines, IA. January 9th -13th, 2012. These Officers are members of the Waterloo Police Department Bomb Squad. As members of the Bomb squad they will investigate and destroy incendiary devices. This course will aid certified Bomb Technicians in being able to identify the electronics used on bombs or incendiary devices they may encounter in the field. it will also train them to be able to dismantle or destroy said electrical devices. The cost of the course is covered but the officers will need to pay for lodging, meals and gas. This cost will be reimbursed to the department under an EOD grant. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: XX CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $ 400.00 LODGING $392.00 MEALS $0.00 REGISTRATION $75.00 MILEAGE/FUEL TOTAL FOR ALL: $ 867.00 TAXI PARKING AIRFARE MSC/TOLLS BUDGET LINE ITEM: X GRANT REIMBURSABLE YES YES NO X REQUIRED CERTIFICATION NO TOTAL: $ 433.50 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT HEAD DATE I APPROVE THIS TRAVEL REQUEST 1 MAYOR 70I( DATE CITY OF WATERLOO Council Communication City Council Meeting: December 12, 2011 Prepared: December 9, 2011 Dept. Head Signature: James Walsh # of Attachments: 0 SUBJECT: Appointment of Legal Assistant Secretary Submitted by: Suzy Schares, City Clerk Recommended City Council Action: Recommendation of appointment of Sheryl Akin to the position of Legal Assistant Secretary, effective December 13, 2011. Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO Council Communication City Council Meeting: December 5, 2011 Prepared: November 29, 2011 -- Dept. Head Signature: # of Attachments: SUBJECT: Request the City Council adopt resolutions to preliminarily approve the request to piggyback from the Iowa DOT Award of Contracts for one (1) 2012 Bandit Wood Chipper, Model 1990XP for Parks Department at a cost of $74,311.30 and to instruct the City Clerk to publish notice of hearing on bid document, specifications etc, as December 12, 2011 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approve Summary Statement: The Finance Committee at their December 5, 2011 meeting approved the request for authorization piggyback from the Iowa State Bid. Expenditure Required: $74,311.30 Source of Funds: 411-37-4100-2117 Policy Issue: NA Alternative: NA Background Information: Request Council adopt resolutions to set date of hearing for the purpose of purchasing one (1) New Bandit Wood Chipper for the Parks Department utilizing existing State Bid Award Contract (Aspen Equipment Co, Ankeny, IA). This replacement is in line with the overall equipment replacement plan and budgeted for in the 2012 CIP. STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1370128 NOTICE OF PUBLIC HEARING AND NOTICE notice was published in the WATERLOO/CEDAR FALLS COURIER a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 12/08/2011, in the issues of 12/08/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $14.26 4G_1/4_6 Signed Subscribed and sworn to before me this day of 0 Received of )MMI 761978 FIRES the sum of Dollars in full for publication of the above invoice. Notary Seal: NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of bids for ONE (1) 2012 BANDIT WOOb CHIP ER MODEL1990XP R FOR THE LEISUE SERV ICES[ DEPARTMENT Notice is hereby given that the Council of the City o1 Waterloo will conduct a publlo hearing on the proposed speclrcahons, bid 9ocument olefor the PurchaseoL Ong (1) One (1) 2012 Bandit Wood Calp Per, Model 1990XP for the Leisure Ser- vices Department al 5:30 p.m, on De- cember 12, 2011, In the Council Cham bersin the City Hall (b the Clty of Water- log, lows The proposed documents are'. on file In the office of the City Clerk for publlo examination. Any questions re. garding the proposed purchase maybe'. obtained from the Public WWaterlreclor, 1314 Black Hawk Street, Waterloo to Anyone who Is interested may appear at file w me and place and be heard oCmay;; file written objection With the City Clark :'. City Hail, Waterloo owa, before the datoset forsald hearing, By order of the of Dl of the Cry of Wa- terloo this 51h day of December 2011. SbzytClerk City '.. Mayor BUCK CLARK CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C, ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: February 22, 201 Prepared: February 17, 2010 Dept. Head Signature: Noel Anderson # of Attachments: 1 COUNCIL MEMBERS SUBJECT: DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 2t(1 Set date of hearing for December 12, 2011 for Exchange Agreement and Assignment of Offer to Buy Real Estate and Acceptance between the City of Waterloo and L and H Farms, Ltd for the acquisition of property in Black Hawk County for exchange of property in the San Marnan TIF District in the amount of $750,000 for 24.5 acres of land acquired and an Option Exchange Agreement. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set the date of hearing for December 12, 2011 for approval of the Exchange Agreement and Assignment of Offer to Buy Real Estate and Acceptance, authorizing the acquisition and sale (exchange) of land in the amount of $750,000 plus up to $10,000 in closing costs. RON Summary Statement: This would be the second acquisition of land under the original WELPER master agreement for the Tong -term (8 years) purchase of land in the San Marnan area. Wards The City would be acquiring another 24.5 acres of land in this area, southeast of the BOB Highway 20 and Ansborough Avenue interchange for future development. The City GREENwoozprice of land being acquired is approximately $30,612 per acre for the development land At -Large in the City limits. It should be noted other farmland outside of the city limits has been selling for as high as $14,500 per acre, whereas the basis for the exchange agreement SCVE x TT (3.21 ratio) and amount specified above is $9,536.44 per acre. At -Large This acquisition is paid out of the TIF District revenue itself, not out of general city funds. The TIF District and its funds are designed and required to be spent within the TIF District itself for improvements, this will be a large step in the continued planning and development of this area. The City will earn rent money after acquisition, beginning at $190 per acre. Expenditure Required: $750,000 plus up to $10,000 in closing costs Source of Funds: TIF cash Policy Issue: Economic Development within the City of Waterloo. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Alternative: NA Background Information: The City of Waterloo has been working for a number of years on the development of a South Waterloo Business Park concept. The continued development of this area of the City will work to provide for a major business and light industrial park setting along the Highway 20 corridor. Based on feedback from major companies, business location consultants, and the Waterloo Industrial Development Association, this growth along the Highway 20 corridor is key to drawing large companies, projects, and jobs to the City of Waterloo. This latest acquisition will now have the City owning 45 acres, with an additional 104.9 acres to be acquired under the agreement. The City continues to show this area for large development prospects. This current acquisition will further allow for areas of land needed for infrastructure improvements for full service of the area to be acquired immediately. The Waterloo City Council has previously zoned land in this area and expanded the San Marnan TIF District to include this land, down to the soon -to -be -extended, Shaulis Road, for business development of the area. The approval of these agreements would work as the next steps in this long-term process of development of this entire Highway 20 corridor area. EXCHANGE AGREEMENT THIS EXCHANGE AGREEMENT is entered into this day of 2011, by and between the City of Waterloo, a municipal corporation ("City"), and L and H Farms, Ltd., an Iowa general partnership ("LHF"). WHEREAS, City has offered to purchase approximately 50 acres more or less of Black Hawk County agricultural land described on the attached Exhibit "A" (hereinafter "Farm Land") for the sum of $750,000.00 on or before Thursday, December 15, 2011, if LHF will agree to accept a conveyance of the Farm Land in exchange for 24.5 acres of development land located at the intersection of U.S. Highway 20 and Ansborough Avenue; and WHEREAS, LHF is the owner of 24.5 acres of real property located at the southeast corner of the intersection of U.S. Highway 20 and Ansborough Avenue described on the attached Exhibit "B" and depicted on the aerial photograph as parcels comprised of 7.61 acres more or less and 16.89 acres more or less on attached Exhibit "C" (hereinafter "Development Land"); and WHEREAS, LHF is willing to convey the Development Land to City in exchange for the Farm Land so as to qualify the transaction for the non -recognition of gain under Internal Revenue Code Sec. 1031 (such exchange being hereafter referred to as the "Exchange"). NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Construction and Interpretation. This Agreement shall be carried out, governed by, and construed in accordance with the laws of Iowa and, to the extent necessary or appropriate, to obtain like -kind exchange treatment under Internal Revenue Code Sec. 1031. The parties agree to execute any additional documents required to allow this transaction to so qualify. LHF agrees to bear any expenses associated with document preparation necessary to qualify the Exchange for like -kind exchange treatment. Section 2. Contingencies. 2.1 City's obligations herein are subject to and conditioned upon the following: A. The City Council for the City of Waterloo, Iowa, adopting a resolution authorizing City to take assignment of the contract to purchase the Farm Land pursuant to the agreed-upon terms and conditions of the assignment set forth in Section 3 below, and further authorizing City to purchase the Farm Land for the sum of $750,000.00 pursuant to the terms and conditions of said contract; B. The City Council for the City of Waterloo adopting a resolution authorizing City to convey the Farm Land to LHF in exchange for the Development Land by directing the sellers of the Farm Land to convey it directly to LHF in accordance with the terms of that certain Option Exchange Agreement between City and LHF dated March 8, 2010; C. City completing its purchase of the Farm Land prior to closing on this exchange with LHF. 2.2 LHF's obligations herein shall be subject to and conditioned upon City completing its purchase of the Farm Land. Section 3. Terms of Assignment. City will be taking assignment of an existing contract to purchase the Farm Land. A copy of said contract is attached to this Agreement as Exhibit "D." LHF acknowledges that Paragraph 23(D) in the Addendum to the Offer to Buy Real Estate and Acceptance could be construed as requiring the purchaser under the contract to also acquire adjacent farm land pursuant to the terms of a second Offer to Buy Real Estate and Acceptance between the current owner of the Farm Land and Hollis Farms, Inc. City's obligations herein are subject to the assignment in which Hollis Farms, Inc. assigns all of its right, title and interest in the Offer to Buy Real Estate and Acceptance to purchase the Farm Land, including a provision in which the current owner of the Farm Land agrees to look solely to Hollis Farms, Inc. for performance of the second real estate contract to purchase the adjacent farm land and agrees to hold the City of Waterloo harmless from any and all obligations under the second real estate contract to purchase the adjacent farm land. Section 4. Conveyance of Property. 4.1 City agrees to require the current owners of the Farm Land to convey said real property directly to LHF by warranty deed as consideration for LHF's conveyance of the Development Land to City by warranty deed; 4.2 City agrees to accept the conveyance of the Development Land in accordance with the terms and conditions of this Exchange Agreement. 4.3 In recognition of LHF's role in identifying and pre -approving the Farm Land for acquisition by City for purposes of this Agreement, LHF agrees to accept the conveyance of the Farm Land "as is," subject to all conditions, easements, restrictions and other characteristics, and hereby acknowledges that City has not made and will not make any representation or warranty with respect to the Farm Land, whether as to merchantability of said land, its fitness for any particular purpose, or otherwise. 4.4 The parties agree that both the Farm Land and the Development Land shall be deemed to have a value of $750,000.00 for purposes of this transaction. 4.5 No cash consideration will be exchanged between the parties. Section 5. Form of Conveyance 5.1 City shall cause the current owner of the Farm Land to convey said real property directly to LHF by Warranty Deed. LHF shall convey the Development Land to City by Warranty Deed. Title shall be merchantable title in accordance with the Iowa Title Standards. 5.2 All liens or clouds on title shall be removed prior the Exchange. 5.3 If title cannot be made merchantable within a reasonable period of time, this Exchange Agreement shall become null and void. Section 6. Closing. The closing on the Exchange contemplated herein shall occur contemporaneously with the closing on City's purchase of the Farm Land. It is expected that the closing will occur on or before December 15, 2011. Section 7. Property Taxes. 7.1 LHF acknowledges that City will receive a credit against the $750,000.00 purchase price for the Farm Land in an amount equal to the annual real estate taxes on the Farm Land prorated through the closing date, and that as a result of such credit, the seller of the Farm Land will expect City and its successors to pay the installments of property taxes due on and after March 31, 2012. LHF agrees to assume responsibility for making the general property tax payments for the Farm Land due March 31, 2012, and all subsequent installments. 7.2 LHF will pay the property taxes on the Development Land that are due March 31, 2012. LHF will also pay one hundred percent (100%) of the installment of general real estate taxes due on September 30, 2012. City shall be responsible for real estate taxes attributable to the Development Land due March 31, 2013, and all subsequent installments of general real estate taxes attributable to the Development Land, if any. Section 8. Survey. If the parties determine that a survey of the Development Land, or any part thereof, is required, then City shall reimburse LHF for the cost of procuring a plat of survey for the Development Land. The plat of survey must be completed and filed of record in the office of the Black Hawk County Recorder prior to the completion of the Exchange contemplated herein. Section 9. Abstracting. 9.1 The current owner of the Farm Land will provide City with an updated abstract of title for the Farm Land prior to City having to complete its purchase of the Farm Land. Upon receipt of the abstract of title, City shall deliver it to legal counsel for LHF. Legal counsel for LHF shall examine the abstract of title and confirm that the current owner of the Farm Land possesses marketable title to the real estate as required by this Exchange Agreement. 9.2 LHF will provide City with an updated abstract of title for the parcel of real estate that includes the Development Land. City acknowledges that the abstract of title will include other real estate. City shall bear the expense of paying the abstract company to prepare a separate abstract of title for the Development Land City may defer the preparation of this abstract until such time as it is prepared to sell all or a portion of the Development Land. Section 10. Other Closing Costs. Each of the parties agrees to pay any closing costs not specifically addressed herein in the manner customarily paid by buyers and sellers as part of real estate transactions in the State of Iowa. Section 11. Option to Rent. City agrees that as long as City remains the titleholder to all or a portion of the Development Land, Lanehaven Farms, Inc., shall be entitled to rent any and all undeveloped portions of the Development Land on a year-to-year basis on the condition that Lanehaven Farms, Inc., enter into a written lease agreement with City requiring, among other things, that Lanehaven Farms, Inc., provide the same indemnification customarily required of tenants in a cash basis farm lease and that Lanehaven Farms, Inc., procure customary liability insurance identifying City as an additional insured. Annual rent for the first eight (8) years shall be $190.00 per acre. Thereafter, annual rent shall be mutually agreed upon by the parties or in the absence of such agreement, it shall be set at the then prevailing fair rental value as determined by a mutually agreeable farm management company such as Hertz Farm Management. Rent shall be payable in December of each calendar year. Section 12. Notices. All notices, requests, demands, directions and other communications required or permitted to be given pursuant to this Agreement shall be valid if in writing and if delivered personally, or sent by certified or registered mail, return receipt requested, postage prepaid and addressed as follows: To City: To LHF: Section 13. Amendments. The City of Waterloo, a municipal corporation Attention: Ernest G. Clark, Mayor Attention: Suzy Schares, City Clerk 315 Mulberry Street Waterloo, Iowa 50703 L and H Farms, Ltd., an Iowa general partnership Lanehaven Farms, Inc., Partner Attention: Curtis Hollis, President 7052 Hammond Avenue Waterloo, Iowa 50702 This Agreement may not be modified except in a written instrument signed by the parties. Section 14. Enforceability. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors, executors, personal representatives and assigns. No party to this Agreement may assign their/its rights or interests hereunder without the prior written consent of each of the other parties. Section 15. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. Section 16. Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed in this Agreement is intended or shall be construed to give to any person or entity, other than the parties hereto, any legal or equitable right, remedy or claim under or in respect to this Agreement or any covenants, agreements, conditions and provisions herein contained, this Agreement and all of the covenants, agreements, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the parties hereto. Section 17. Severability. If any provision of this Agreement shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. Section 18. Intent. It is the intent of the parties that this Exchange Agreement shall permit each party to complete a like -kind exchange pursuant to Internal Revenue Code Sec. 1031 and it is intended to comply with the requirements of the regulations thereunder, including, but not limited to, Reg. 1.1030(k)-1. To the extent that any provisions herein conflict with the requirements of the safe harbor provisions contained therein, the requirements and the conditions of the statute and the regulations shall control. [SIGNATURE PAGE FOLLOWS.] IN WITNESS WHEREOF, City and LHF have each caused this Exchange Agreement to be executed, sealed and delivered as of the day and year first above written. THE CITY OF WATERLOO, A MUNICIPAL CORPORATION By: Ernest G. Clark, Mayor By: Suzy Schares, City Clerk L AND H FARMS, LTD. By: LANEHAVEN FARMS, INC., Partner By: Curtis G. Hollis, President STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the day of 2011, by Ernest G. Clark as Mayor and Suzy Schares as City Clerk of the City of Waterloo, Iowa, an Iowa municipal corporation. Notary Public in and for Black Hawk County, Iowa STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the day of 2011, by Curtis G. Hollis as President of Lanehaven Farms, Inc., an Iowa corporation, General Partner of L and H Farms, Ltd., an Iowa general partnership. Notary Public in and for Black Hawk County, Iowa EXHIBIT "A" Farm Land The East 1722 feet of the North Half of the Northwest Quarter of Section 26, Township 88 North, Range 13 West of the 5th P.M., Black Hawk County, Iowa, except the North 55 feet thereof (50 acres more or less). Subject to easements, restrictions, covenants, ordinances and limited access provisions of record and not of record. EXHIBIT "B" Development Land The Southwest Quarter of the Northwest Quarter (SW'/ NW'/) of Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, EXCEPT Parcel "B" conveyed to the City of Waterloo by deed dated March 16, 2010 and filed May 5, 2010 as Doc. No. 2010-20575; and EXCEPT Tract "A" in a right-of-way plat dated January 19, 1979, and filed May 30, 1980, as 539 Lot Deed 982-991; and EXCEPT Tract "B" (Easement) in the same right-of-way plat filed as 539 Lot Deed 982-991, and EXCEPT Fee Tract "B" in the Acquisition Plat filed July 11, 2005 as Document No. 2006873; AND The North 43 feet of the North Half of the Southwest Quarter (N%s SW'/) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa; AND That part of the West Half of the Northeast Quarter of Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, in the City of Waterloo, Black Hawk County, Iowa, described as beginning at the Center of said Section; thence North 0 degrees 03 minutes West 1033.5 feet along the West line of said Northeast Quarter; thence South 89 degrees, 191/4 minutes East 920.5 feet; thence South 26 degrees 56 minutes West 508.5 feet; thence South 0 degrees 541/ minutes West 561.8 feet to a point on the South line of said Northeast Quarter; thence South 89 degrees 211/2 minutes West 680.4 feet along said South line to the point of beginning (Tax Parcel No. 8813-09-251-004). Subject to easements, restrictions, covenants, ordinances and limited access provisionsof record and not of record. ASSIGNMENT OF OFFER TO BUY REAL ESTATE AND ACCEPTANCE THIS ASSIGNMENT is made and entered into this day of December, 2011, by and between Hollis Farms, Inc., an Iowa corporation, and the City of Waterloo, a municipal corporation ("City"). 1. Assignment. Hollis Farms, Inc. hereby assigns all of its right, title and interest in the Offer to Buy Real Estate and Acceptance attached hereto as Exhibit "A." 2. Acceptance of Assignment. City hereby accepts assignment of the Offer to Buy Real Estate and Acceptance attached hereto as Exhibit "A" subject to City not having any obligation to purchase the adjacent real estate pursuant to the separate Offer to Buy Real Estate and Acceptance referenced in paragraph 23(D) of the Addendum to the Offer to Buy Real Estate and Acceptance. John E. Sturtz and Paula Sturtz, the owners of the subject real estate, must confirm by their approval of this Assignment that they will hold City harmless from having to perform on the second contract and will look solely to the party to the second contract, Hollis Farms, Inc. for performance of said contract. 3. Indemnification. Hollis Farms, Inc. hereby agrees to indemnify the City of Waterloo and hold it harmless from and against any claims by John E. Sturtz and Paula Sturtz, the owners of the subject real estate and adjacent real estate, that by virtue of this Assignment, the City of Waterloo is obligated to purchase the adjacent 21.5 acres which is the subject of a separate Offer to Buy Real Estate and Acceptance between John E. Sturtz and Paula Sturtz and Hollis Farms, Inc. HOLLIS FARMS, INC. THE CITY OF WATERLOO, A MUNICIPAL CORPORATION By: By: Blake G. Hollis, President Ernest G. Clark, Mayor By: Suzy Schares, City Clerk The undersigned, John E. Sturtz and Paula Sturtz, married persons, hereby consent to the Assignment set forth above and agree to hold the City of Waterloo harmless from and against any claims by us that the City of Waterloo is obligated to purchase the adjacent 21.5 acres which is the subject of a separate Offer to Buy Real Estate and Acceptance between the undersigned and Hollis Farms, Inc. The undersigned hereby confirm that they will look solely and exclusively to Hollis Farms, Inc. for performance of the contract to purchase the adjacent 21.5 acres. John E. Sturtz Paula Sturtz •.Y 4.-r,tom, -'Ff„ .ta.•-', � ti s b )�� W1 L -.7:1:-.4. _ P. .rwjM..Nj. . •q•• ;• f.� 1J,�rC`ri , • Map cre:Tic..d h Aiv1M$ Ce,payrught le) '19912.2001 I!SR1 L 1 1 cuI2r cj i� �,� spa%,t4 L (3 1 N 6 A£ 6lV RC- 4p-( STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1370129 NOTICE OF PUBLIC HEARING TO WHOM IT notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 12/08/2011, in the issues of 12/08/2011 of said newspaper, and that the annexed rate of advertising is the regular legal rate of said newspaper, and that the following is a correct bill for publishing 'said notice. Printer's Bill $45.44 Signed Subscribed and c day of sworn to C&Ynnn before me this ()ll RIOSJ IJO 731076 /ScliON EXPIRPS y Pu Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: COURIER - I NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 12th: day of December, 2011, at 5:30 p,m„ In the Council Chambers In the City Hall In the Cityof Waterloo, Iowa 1 a public hear -' Ing will be held by the Council of the City c9hWateerAlooreeIomweant oanneAosponsmeExp - Offergto Bguy Real Estate end Accep- tance with L and H Farms, Ltd, The City: of Waterloo has offered to purchase ap- proximately p ed the 24.5 acres of prof the Inter- section nter Ed at the southeast corner of theanlor-; sechon0!ue Highway 20 and Ansbor eugh Avenue from L and H Farms, Ltd.in the amount of $750,000.00 plus closing posts of up to $10 000.00e Land H:1 Farms, Ltd. will agree to accept an Ex change Agreement with the pro of Wa-I, `. terloo for the exchange of property ora which the city will convey approximately 50 acres of city owned property located: at the intersection of U.S. Highway 20 and AnsborougAgreement Avenue Exchange Agreement properties legally described as follows L City Farms, Ltd-"Devel purchase as that City of Watgrloo will purchase as :.part of Exchange Agreement as de.- ;Scribed bw. The Southwest Quarter of the Northwest ToQuarter wnship No.4 NW 1/4) of Section No.9,a; Township 88 North Range No. 13 West of Ihe Fifth Prma)p'at Meridien, City of Waterloo Black Hawk to , Iowa, EXCEPrloo by deed conveyed theloCity' of Waterloo by aeed dated March 16, 2010 and filed May 5, 2010 as Doo. No. 2010-20575; and EXCEPTTr19'A"Ina: right-of-way plat dated January 19;:1979;`: and Bled May 30, 1980 as 539 Lot Deed.. 982-991, and EXCEPT Tracl'B (Ease- ment) in the same 2-991, and plat fled as 539 Lot i3" In :.982 991, and EXCEPT Fee Tract "13" In theitloPlat filed July 11, 2005 as Document umenl14o.200687373 AND Tbe North 43feet of the North Half of the Southwest Quarter (N1/2 SW1/4)InSec- tion No.9, Township No. 86 North, Range No. 13 West of the Fifth Principal Merid- ian, Black Hawk County, Iowa; AND That part of the West Half of the North- east Quarter of Section No.9, Township'. No. 88 North Range No, 13 West of the Fifth Principal Meridian, in the City of. Waterloo, Black Hawk County,:Iowa, de scribed as beginning al the Center of said Section thence North 0 degrees 03; minutes West 1033.5 feet along thea West line of said Northeast Quarters thence South 89 degrees 191/2 minutes; East 920.5 feet; l thence South 26 de -9 grass 56 minutes West 508.5: feet;'.. thence South 0i degrees 54'h minutes West 561 8 feet to a point on Ihe South line of said Northeast Quarter; thence South 89 degrees 21'4 minutes. West 680.4 feet along said South line to the'. point of beginning (Tax Parcel No. 8813-09-261-004), Subject to easements, restrictions, cov- enants, ordinances and limited access' provislonsof record and not of record, all In the City of Waterloo, Bleck Hawk.: County, State of Iowa. AND City of Waterloo "Farm Land" to conveys' to L and H Farms, Ltd. as part of Ex- change Agreement as described below The East 1722 feet of the North Half of the Northwest Quarter of Section 26, Township 88 North, Range 13 West of. the 5th P.M., Black Hawk County, Iowa': except the North 55 feet thereof (591 acres more or less). f Subject to easements. restrictions, cov.s' enants, ordinances and limited access provisions of record and nolo! record, al(' In the City of Waterloo, Black Hawk County, State of Iowa. Anyone who Is interested may appear at said lime and place and be heard ormay file written objection with the City Clerk's City Hall, Waterloo, lowa, before the'. date sel for said hearing By order of the Council of the Cityof Wa- terloo This 51h day of December, 2011. Suzy Schares CityClerk CITY OF WATERLOO Council Communication City Council Meeting: 12/12/11 Prepared: 12/6/11 Dept. Head Signature: PH # of Attachments: 0 SUBJECT: Resolution -to approve and authorize Leisure Services Director to sign a Cedar Trails Partnership grant request for the TROLLEY CAR TRAIL IMPROVEMENTS project in the amount of $10,000. A copy of the grant request (prepared by INRCOG) will be available for review in the City Clerk's Office. Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Pass said Resolution Summary Statement: This project will allow us to pave the portion of the Trolley Car Trail between North Hackett and Greenhill Road. Expenditure Required: No City funds are projected for this project. $50,000 in matching funds are available from a private donor and an additional grant of $50,000 will be requested from Black Hawk County Gaming Commission for this project. Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: The Trolley Car Trail runs parallel to Rainbow Drive from North Hackett Road to Highway 218 near Northland Oil. The unpaved portion is a continual maintenance headache for Leisure Services and users complain of muddy conditions and erosion problems. This project will improve the trail and decrease maintenance costs. CITY OF WATERLOO Council Communication City Council Meeting: 12/12/11 Prepared: 12/6/11 Dept. Head Signature: PH # of Attachments: 0 SUBJECT: Resolution -to approve and authorize Leisure Services Director to sign a Black Hawk County Gaming Association grant request for the TROLLEY CAR TRAIL IMPROVEMENTS project in the amount of $50,000. A copy of the grant request will be available for review in the City Clerk's Office. Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Pass said Resolution Summary Statement: This project will allow us to pave the portion of the Trolley Car Trail between North Hackett and Greenhill Road. Expenditure Required: No City funds are projected for this project. $50,000 in matching funds is available from a private donor and an additional grant of $10,000 will be requested from the Cedar Trails Partnership for this project. Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: The Trolley Car Trail runs parallel to Rainbow Drive from North Hackett Road to Highway 218 near Northland Oil. The unpaved portion is a continual maintenance headache for Leisure Services and users complain of muddy conditions and erosion problems. This project will improve the trail and decrease maintenance costs. CITY OF WATERLOO Council Communication City Council Meeting: Decemberl2, 2011 Prepared: December 7, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: PROFESSIONAL SERVICES AGREEMENT Professional Engineering Servcies F.Y. 2012 GERALDINE ROAD - PHASE II CITY CON TRACT NO. 821 RM -8155(727)-9D-07 Submitted by: Teff Bales. Associate Engineer Recommended City Council Action: Staff has reviewed this agreement and recommends Council approve this document and authorizes Mayor to sign and enter into said agreement. Summary Statement Transmitted herewith is the Professional Services Agreement with JDE Engineering, for the design engineering services for the F.Y. 2012 Geraldine Road - Phase II This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required The cost of this agreement is not to exceed twenty-eight thousand nine -hundred dollars ($28,900), and shall not be exceeded without authorization of the City. Source of Funds RISE Funds - $14,4.50 and Local Option Sales Tax - $14,450 Policy Issue N/A Alternative N/A Background Information This recently awarded RISE project includes the 903 -ft. extension of Geraldine Road. CITY OF WA I'ERLOO Council Communication City Council Meeting: December 12, 2011 Prepared: December 7, 2011 Dept. Head Signature: PH # of Attachments: SUBJECT: 2011 RIVERVIEW RECREATION AREA PASSIVE UNIT ENHANCEMENT PHASE II Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: Request Council award Contract to Peterson Contractors Inc. (PCI) of Reinbeck, Iowa for the 2011 RIVERVIEW RECREATION AREA PASSIVE UNIT ENHANCEMENT PHASE Il (Contract No. 815) in the amount of One Hundred Fourteen, Five Hundred dollars and 00/100 ($114,500.00) Summary Statement: This project is to construct two (2) fishing jetties and to extend bike trail at Riverview Recreation Area. Expenditure Required: $114,500.00 Source of Funds: Project cost will be funded by a combination of City Bond and REAP Agreement - 11 -R4 -WR in the amount of $171,902.00. Policy Issue: NA Alternative: NA Background Information: On November 15, 2010, Mayor signed Agreement 11 -R4 -WR for development costs for Riverview Recreation Area Passive Unit Enhancements. On February 14, 2011, Finance Committee approved Wayne Claassen Engineering for engineering and surveying services for this project. Army Corps of Engineers approval July 28, 2011. DNR approval October 18, 2011. City of Waterloo Flood Plan Permit applied for October 28, 2011. Review by Claassen Engineering December 6, 2011 with recommendation of low bidder. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward S BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY DEVELOPMENT 620 Mulberry Street, Carnegie Annex • Waterloo, IA 50703 • (319) 291-4429 Fax (319) 291-4431 CITY OF WATERLOO Council Communication: Buildings and Grounds & Finance Committees City Council Meeting: December 12, 2011 Prepared: December 6, 2011 Dept. Head Signature: / G1�/ F/ 1 Rudy D. Jonas, Co munity Development Director # of Attachments: 1 original proposal and 2 copies. SUBJECT: 140 -AR -12 -05 -11 -GO Submitted by: Rudy D. Jones, Community Development Director Recommended City Council Action: Authorize award and contract execution with lowest responsible bidder, Affordable Hazards Removal, Inc. in the amount of $17,600.00 for removal of asbestos for structures at: 116 W. Parker Street, 312 Charles Street, 318 E. 9th Street, 332 Irving Street, 1114 Jefferson Street, 1116.1118 Jefferson Street, 213 N. Barclay Street, 129 Ricker Street, and 135-137 University Avenue. Summary Statement: Contractor to remove asbestos in preparation for the demolition of the structure and site clearance. It is anticipated that new single-family housing and/or light commercial development will be erected at some sites. Expenditure Required: Bid total: $17,600.00. Source of Funds: General Obligation Funds and EDI Funds for 318 E. 9th and 332 Irving Street sites. Policy Issue: Slum and Blight, Public Safety, New Housing Alternative: None. Removal required by State and Federal law. Background Information: City acquired most of these lots using 657A process. Attachment J:\AN\DEMO\Asbestos Contracts\ASBESTOS REMOVAL \140-AR-1205.11-CO\ASBESTOS REMOVAL AWARD 140 MC TL.doc Cc: Noel A on, CPD Director CITY WEBSITE: www.cityofwaterlooiowa.com EQUAL HOUSING OPPORTUNITY WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 140 -AR -12 -05 -11 -GO • N C Asbestos Remova Bid Opening: 12/05/11 Bid Estimate: Bid Amount 5% Bid Security 5% Bid Security Monticello, IA Removal of Asbestos, Contract No. 140 -AR -12 -05 -11 -GO Bids Due: November 28, 2011 December 5, 2011 Bid Tab Estimate: $ Bidder Bid Security Bid Amount Abatement Specialties, LLC 201 30 St. Dr. SE Cedar Rapids, IA 52403 6 516 l l ¶(0J o Advanced Environmental Testing and Abatement, Inc. 803 Ricker Street Waterloo, IA 50703 00 + �( l Affordable Hazards Removal, Inc. 121 E. Grand Avenue Monticello, IA 52310 d d I �/ December 5, 2011 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hall Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, December 5, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Carolyn Cole, Ward 2 Council Member 137654 - Hart/Schmitt that the Agenda, as amended deleting item #10, for the Regular Session on Monday, December 5, 2011, at 5:30 p.m., be accepted and approved. Voice vote - Ayes: Seven. Motion carried. 137655 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, November 21, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Clark recognized the December Team Member of the Month, Cedric Hill. CONSENT AGENDA 137656 - 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. 1-62, dated December 5, 2011, in the amount of $4,200,774.53, 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. 2011-1101. 2. Request of Mark Cornwall for tax exemptions on improvements totaling $10,000.00 for property located at 528 Adrian Street and located in the Consolidated Urban Revitalization Area -Submitted by Christopher Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2011-1102. 3. Request of Richard Mishler for tax exemptions on improvements totaling $400,000.00 for property located at 1930 Osage Road and located in the Consolidated Urban Revitalization Area -Submitted by Christopher Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2011-1103.• 4. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees -Submitted by Dennis Clark, General Manager of Waterloo Water Works: Resolution adopted and upon approval by Mayor assigned No. 2011-1104. Address Amount to certify 1806 Franklin Street $3,800.00 Resolution adopted and upon approval by Mayor assigned No. 2011-1104. '90TI-TTOZ 'oN paubTsse zoA8N Aq Tenozdde uodn pue pagdope uoTgnTosag •uanaS :saAy-e4on 4E pageooT ToouoS uogea uep zauzo3 - e4TS pue uoT;TTouap ugTM uoTgouncuoo 'SOCT-TT0Z TTeo TTog •pe4dope eq '„anuany uogzng OLTZ TT-ZT-ZT-DECO-Q-SLT 'oM goezguoD eouezeaTD uT uoTgonzgsuoo buTzapzo uoTgnToseH geug zadTeM/g;Tomos -oN paubTsse =Kew Aq Tenozdde uodn pue pagdope uoTgnTosag -ggtugos :saAy-a4021. TTeo TTo2i -pe;dope eq '„anuany uogzng OLTZ ge pageooT Toogos uogea uep zauzod - TT-ZT-ZT -DHQD-Q-SLT 'oN goezguo3 aouezeaTD agTs pue uOT4TTouIaU ufTM uoTgouncuoa uT •oga 'goezguoo 3o uzo3 'suoTgeoT;Toeds 'sueTd 3o Tenozdde buTunT3uoo uoTgnTosag„ gegg ue;VTIM zo3 •peTzzeo uoTgoN •uanaS :saAy-940A PeTTeo - 099L£T zadTaM/44T'utioS - 649L£T aoToA •pesoTo eq 5u-creelegg geug zadTaM/ gg?uIuo S •euou ezeM eaaug pue uoTgnacgo Tezo pue zoAeW au] 'buTzeaq oTTgnd 3o aoeTd pue euT; eq; buTaq sTgy •peTzzeo uoTgow uanaS :saAy-agon aoToA •aTT3 uo paoeTd pue pan -papa./ eq 'TTO? 'LT zaquanoN uo zaTznoy ooTaageM am; uT pagsTTgnd se 'anuany uogzng OLTZ ge pageooT Toogos uogea uep zauz03 - TT-ZT-ZT-DHQD-Q-SLI 'oN 40ez4u03 eouezeaTo e;Ts pue u0r3TTouaQ uo buTzeaq oTTgnd 3o aoTgou 3o uoTgeoTTgnd 3o 3oozd ;egg TTTq eq; uo peuTegsge '00'SL6S 3o gunoue au} 44TugoS 'IN •PoTzzao uoTgop - 8S9L£T Ag4a5/33TuiuoS - LS9L£T SDNI2Pd3H DITIHCd uT uooaTay g;Tugos og guewAed •uanaS :saAy-940A TTeo TTog spuog (ZT/T£/0T selTdxa) (TeMauag) AeMMbTH auTTITV 'M L£62 'ebuno2 5 S.ueznegsag s,Z '£ uoTgeoTTddy gTuzad esueoT2 zonbT7 y ssWTQ 00'9TSS TTOZ '0Z -6T zaquaoaQ sesuexzy 'uoTzew saOTAeQ AreTpuaoul• penbs quIog 30 uoTgegzodsuezy uoay quog QdM zaggoue ezagosTeog gueebzes 00'S9LS TTOZ 'ST -£T aequaoe eMoy 'gzoduaneQ dnoac s,zasp gzodueAEQ TTOZ ueTornoaTa aoueue4uTe[ 'uepooM zebog 'II goal TeubTS 'uTbpog uopueaa :ueuazo3 TeoTzgoaTa 'uzog1TegoS euTI paaoxa 04 you gunouy s a e ( ) g Q uoT auT sa g g Q buT as sse g W/ TD Tauuoszad 30 aTVTI 9 aueN sgsenbea Tanazy Z abed •Z 'T :buTMoTTo3 eqg anozdde 04 uoTgoW •q TTOZ 'Szaquaoe December 5, 2011 137661- Schmitt/Welper Page 3 to receive, file and instruct City Clerk to open and read bids and refer to Community Development Director for review: Bidder Bid Security Bid Amount Baker Concrete & Excavating 2203 E. Bremer Avenue PO Box 277 Waverly, Iowa 50677 5% $62,100.00 Benton's Sand & Gravel, Inc 905 Center Street Cedar Falls, Iowa 50613-1407 5% $28,555.00 Frickson Bros Excavating 737 Colleen Avenue Evansdale, Iowa 50707 $3,695.00 $73,500.00 Lehman Trucking & Excavating, Inc. 1422 Ashland Avenue Waterloo, Iowa 50703 5% $43,700.00 Peterson Contractors Inc. Box A Reinbeck, Iowa 50669-0155 5% $75,680.00 Stickfort Construction PO Box 447 Hudson, Iowa 50643 5% $34,500.00 Voice vote -Ayes: Seven. Motion carried. 137662 - Getty/Cole that proof of publication of notice of public hearing on 2011 Riverview Recreation Area Passive Unit Enhancement Phase II, Contract No. 815, as published in the Waterloo Courier on November 22, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137663 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Cole that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137664 - Getty/Cole that "Resolution confirming approval of plans, specifications, form of contract, etc. in conjunction with 2011 Riverview Recreation Area Passive Unit Enhancement Phase II, Contract No. 815", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1107. 137665 - Getty/Cole that, "Resolution ordering construction in conjunction with 2011 Riverview Recreation Area Passive Unit Enhancement Phase II, Contract No. 815", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1108. •paTzzeo uor;ow •uanag :sa/,y-agon TTeo TTog •pepuedsns eq sbuT;oeu zoTsd oM; ;e abessed so; pagan pus pasaprsuoo eq coo saoueurpao burzrnbaz saTns ;pug pooMuaazo/;aeI •paTzzeo uorgorl •uanag :se/Cy-e;on TTeo ?Toil 'aur; ;ssT3 egg so; passed ,pue pazaprsuoo 'eTTg 110 paoeTd 'panreoa' eq '„;oTagsTQ (III) buTOueur2 ;ueueIogI xey pue easy ueTd egg 3o uorsuedxg pue ueTd quaiudoTanapag pue TEMaueE uegzn ;uos;saATE uMO;uMOQ egg 3o ;ueurpuauy ug -TM uor;ounCuoo uT goaCoad quauidoTanapag pue Temeuag uegzn pTes ugTM uoT;oeuuoo uT 'gT3 pTes Ag pazznouT 'penssr eq o; zO penssr spuoq burpnTour 'sseupaggepur pus o; paouenpe seTuom 'sueoT uo ;sasaquT pue TedrouTsd 3o queuAed so; pun; Teroeds e coo pred eq 'sgoTsosrp burxeg aeq;o pus gorsgsTQ Too4Og AoTununuo0 ooTzageM 'xMeH xoeTg 3o A;unoj 'ooTie;eM 3o Agro 'eMol 3o e;egS egg 30 ;r;euaq ay; so; pue Ag 'eMoi ;o agegg '3MeH xoeTg 3o A;unoj 'ooTzageM 3o 'qT3 eq; uT 'easy ;uamdoTeAepag pue TeMeuag uegzn guos;sanrg uMoquMOQ papuedxa ATMau ayg uTugTM pageooT Agaadoad TTe uo zeal goes pe;oaTToo pus peTAe sexy; Agsadosd Tezauab ;pug burpTAozd eoueurpso ue” ;egg pooMuaazo/gzeg '60TT-TTOZ 'oN peubrsse soAer Aq Tenosdde uodn pue pe;dope uor;nTosag •uanas :seiW-e;on TTeo ITCH •pagdope eq '„gorz;stQ (3I/) buTOueuT,3 quauasoui xey pue easy ueTd au; ;o uorsuedxg pue ueTd . quaudoTanapag pue TeMauag uegan ;uoz;zanrg uMoguMoQ eq; 3o guaupuamy q; -cm uorgounCuoo uT ueid pTes o; b •ou ;uaupueme buTAosdde pue ';oe ozd TeMauaa uegzn ue so; e;eTsdozdde se ease pTes bur;eubrsap 'ease guamdoTeAep oTwouooe ue pue ;ubrrq pue umTs 3o ease ue eq og A4-3 eu; 3o ease ue bururuaa;ep uorgnTosag, ;egg pooMuaazo/gzeg •paTzzeo uor40W •uanas :salt' -e;oA eoron •GTT; uo paoeTd pue panraoaz aq uOTssrumop buruoZ pue buTmmezbosd 'buruueTd ay; 3o Tenosdde 3o uoT;epueunuooaz pue pasoTo eq buraeeq ayg geyg pooMuaazo/;zeH •euou e eM ammo pue suon;oeCgo Tezo.pue uaggrxM so3 peTTeo soAew ayg 'buTleeg oTTgnd 3o aoeTd pue aur; ay; buTeq 5Tuy •paTzzeo uoT;oyy. •uanas :salt'-agon saran •9TT3 uo paoeTd pue panraoaz eq 'TTOZ '6 zagmanoN uo zaTznoo ooTzageM eq; uT pausTTgnd se 'g0TsgeTQ (III). buroueur3 guauasoul xey pue easy ueTd eq; ;o uorsuedxg pue ueTd queudoTanapag pue TeMeuag uegzn ;uoz;zanrg uMoquMOQ ay; 3o guaupueuy uo burseau oTTgnd 3o aorgou 3o uoT;eoTTgnd 3o ;oosd ;egg pooMuaazo/gzeg •parzzeo uoT;o[ •uanas :se y-e;on eoron 0C/668/EELS %S £T90S eM0I 'sTTe3 sepa0 anTaU oTpzoN 6Tb9 uoT;ezodzo0 uoT;ons;suon ugaTA 00'00S'ZbTS %S £b90S emoI 'uospng Lbb x0g Od uoT;onz4suo0 ;zoPxoTog 00'00S'btiS %S SSTO-69905 eMoi 'xoaquTeg v xog •oui szogoezguoQ uoszagad 08'ETO'OZTS %S £T90S eMOI 'sTTe3 sepao gees;s segue° SZOT •oui '•03 uoT;ons;suon ueuburuun0 x 00'bZS'bbTS %S LL9OS eMOI 'ATsaneM LLZ xo enueAv zemasg .g £003 bur;eAeoxg 2 agesouoo saxeg ;unomy PTE A;rsnoes PTE zappTg :Mamas so; zo4oesT0 seoTAsag aznsra2 oq sagas pue sprq peas pue uado o; xsaTO Agro ;onzgsur pue err; 'SATeoeJ og f, abed - TL9L£T - OL9L£T - 699L£T - 899L£T - L99L£T eTOo/Aggao - 999L£T TTOZ 'S legmeoe3 December 5, 2011 Page 5 137672 - Hart/Greenwood that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly expanded Downtown Riverfront Urban Renewal and Redevelopment Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal and Redevelopment Project", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5085. RESOLUTIONS 137673 - Welper/Hart that "Resolution approving agreement with American Red Cross to use Veterans Memorial Hall in case of emergency or disaster, together with recommendation of Memorial Hall Commission -Submitted by Suzy Schares, City Clerk", be adopted. Roll call vote -Ayes: Seven. Suzy Schares, City Clerk, noted that this has been done in the past and is an annual agreement. Noel Anderson, Community Planning and Development Director, reported that this location is included in the Emergency Management Plan. Resolution adopted and upon approval by Mayor assigned No. 2011-1110. 137674 - Welper/Hart that "Resolution approving 2012 Budget of the Waterloo Water Works; and authorize City Clerk to file said documents with the Black Hawk County Auditor - Submitted by Dennis Clark, General Manager of Waterloo Water Works", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1111. 137675 - Welper/Hart that "Resolution approving Subcontract Agreement with Helping Services for Northeast Iowa, Inc. for an amount not to exceed $1,800.00 for compliance checks in conjunction with the Enforcement of Underage Drinking; and authorize Director of Safety Services to execute said agreement -Submitted by Daniel J. Trelka, Director of Safety Services", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1112. 137676 - Cole/Hart that "Resolution approving final acceptance and release of final payment of work performed by Prairie Construction Co., Inc. of Waterloo, Iowa at a total cost of $79,290.00 in conjunction with 2011 Public Market Window Replacement and New Vestibules -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1113. 137677 - Cole/Hart that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Story Construction Co. of Ames, Iowa, Iowa at a total cost of $719,737.00 in conjunction with F.Y. 2010 E. Sixth Street Storm Pump Station Improvements, Contract No. 716, and receive and file two-year maintenance bond -Submitted by Eric Thorson, P.E., City Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1114. •paTz1Po uoTgoN •uanaS :saAy-agon TT20 TToa •papuedsns aq sbuT3aau zoTzd oMg 4e abess2d zo3 pegon pup pazapTsuoo eq oa. seoueuTpzo buTzTnbea saTnz ;egg ggTuni0s/pooMuaeas -paTzze° uoTgoW •uanaS :saAy-agon TTeo TToa •amTg 4srT3 egg zo3 passed pup pazapTsuoo 'eTT; uo peoPTd 'peATeoaz eq '„Toouos buTzna -uu•d 00:2 04 •uI•P 00:L max; gaazgs euxy 3o sxooTq COL puP 009 agg 3o epTg 44z0N a43 buoTy buT)JPd oN - ebue40 eoupuTplO 44TM uoTgounCuo° uT Too4Os buTanp 'uI'd 00:£ 04 -m•e 00:L buTNzPd oN '21LS uoT3oes MaN P buTgoeug Aq apo0 0T33ezS 8002 egg buTpuame eou2uTpzo UP‘. geq 44Twg0S/pooMuaeas S30NYNIQ210 '8TTT-TTOZ •oN paubTsse 1oAeN Aq Tenoaddp uodn pup pegdope uoTgnTosaa '4T 3o az2MP sT A4T0 ego pue egg o3 anp Ian= zo zadoTanap sxooTq egg uo buT4;Ts TTTgs sT asnoq agg 4Pg4 goP3 egg uT peguroddesTp sT eg 4Pg4 pagou N1PT0 zoAeN •uanaS :seAy-agon TT23 TT021 •pagdope eq '„zogoeaTQ guaudoIeAeQ g buruu2Td AvTununuoo 'uoszapuy TaoN Aq peggTmgng-gueumoop pT2s a3noaxa o3 xasTo A3To pup zoAeN ezTzoggne pue ! eezgS 2MOI 30 )[00T4 00£ eq3 pue 32213g goeeq 30 x00-4 008 'gaazgs ebEg;o0 3o s)[00T4 009 puP 002 agg 04 £9 A2M4bTH mai; pe oui semou p 3o uoTg2gTTT42ge1 agg zo3 guaudoTaAeo ueeic ggTM guemaazby auoz esTzdae4u3 buTnozdde uoTgnTosaa„ ;244 eToo/gzeH 'LTTT-TTOZ •oN paubTsse zoAeN Aq Tenozdde uodn pus pa3dope uoTgnTosaa -uoT3e3TTT4egaz azom pSMoTTP s2q sTg3 pue PSMoTTP 3T'TT umuTxem egg 03 and sem 3T NOPq sz2ei Mai 2 auoz egg pepuedxe TTounoo egg. ueq -auoz esTzdie;ue egg 1.1bnozg3 anTa°az upo /Sag; 4.844 ;Tpazo xe3 3uaugsanuT gueoaed 0T P pup sgsoo uoTgonz;suoo zo3 pTed z2TTop eq3 uo sgueo S 3o xe3 sales uoTgdo T20oT aq3 xoeq gab Aago •ooTaegpm 3o 'S;T0 egg uT seuou 3o uoTge;TTTg2gea 10 uoTgOnzgsuoo Mau zo3 AgTTT4e aqg szadoTanap buTsnoq seATb gpgg upzbozd eATgusouT .a4 e4s P sT pup 3ueuee1BE auoz esTzdzague UP sT sTgg pagzodaa 'logosaTQ guamdoTanaQ pup buTuueTd AgTununuo0 'uos1apUV TaoN •uanaS :saAy-agon TTP° TToa •pagdopP eq '„zo;oeiTQ guamdoTanaQ , buruu2Td A;Tununuo0 'uoszepuy TaoN Aq pe;;Tugns-3ueunoop pies egnoexe (pg. N./STD AyTo pup zoAeN azTzoggn2 pup !poo4aoggbToN Moa g01343 agg uT pag20oT s3Tun ATTme; aTbuTs S 3o uoTge;TTT4egaz. egg zo3 0'I'I 'PPS 3 Pfl ggTM gueuaa/by auoz asTzdza4u3 buTnozdde uoTgnTosaa„ ;pug. - £89L£T - Z89L£T T89L£T GTO0/472H - 089L£T '9TTT-TTO3 -oN paubTsse zoApW Aq Tenozdd2 uodn puE pagdop2 uoTgnTosaa .ages eq og ggbnogg sT pup petpngs ueeq s24 uoT4e001 ubTs egg peuT2Tdxe 'logos/TQ guamdoTanaQ pus buTuueTd AgTunmmo0 'uosaepuy TaoN •ubTs egg 3o uoTgeooT egg 3o Agages egg ggTM 11z90u00 pessazdxe Agga9 'IN '(AggeO) au0 :sAEN •xTS :saAy-agon TTeo TT02T 'pagdopP eq '„zo4osaTQ guamdoTanaQ g buTuueTd AvTunmmo0 'uoszapuy TaoN Aq paggTmgng -3ueumoop pies a3noaxa o3 x12-0 AgTO pup zoAeN ezTzog;ne pup faaags TN3TN 30 APM 30 445TP egg uT ubTs 481 X ,8 UP 3o uoTg0nz;suoo egg. zo3 MoTTP og guamaeaby gueurg32oz0u3 UP zo3 '2'203 3[upg. A4zagTz 3o gsanbaz buTnozdde uoTgnTosaa„ ;egg eT00/42PH - 6L9L£T 'STT--TTOZ •oN paubTsse zoAeN Aq T2nozdde uodn pup pegdopp uoTgnTosaa •guemenom egg ;o gaud zo3 - l'T0 agg segngTzggP aH •A;TQ agg uT 4uaudoTeAep Met” eas o3 buTgT°xe sT gT ; q; pagou xzPTO zoAEN •uanaS :saAy-agon TTP0 TToa •pagdop2 eq '„zogoazTo gueudoTeAea , buTuueTd AgTunmmoo 'uoszapuy TaoN Aq pe;;Tugng-3uamnoop pT2s a3noaxa og )[1aT0 A4T3 pue zoA2w azTzoggnP puP !eaze aT01T0 p1TgbuTumnH agg uT 69mo4 ATTu23 aTbuTs Mau 3o uoTgOnzgsuo° egg zo3 samoH u2uboNS ggTM guemaezby u2zbozd auoz esTzd1e;ug buTnozddp uoTgnTosaa„ 4244 9 abed g1PH/eT00 - 8L9LET TTOZ 'S zequeoe December 5, 2011 Page 7 137684 - Greenwood/Schmitt that "an Ordinance amending the 2008 Traffic Code by Enacting a New Section 571B, No Parking 7:00 a.m. to 3:00 p.m. during school", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5086. 137685 - Cole/Getty that "an Ordinance Establishing Grades in the City of Waterloo in conjunction with the F.Y. 2012 Sidewalk Repair Assessment Program - Zone 1, Contract No. 811", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. Eric Thorson, City Engineer, reported that this was the first zone and is starting over for the third time. 137686 - Cole/Getty that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137687 - Cole/Greenwood that "an Ordinance Establishing Grades in the City of Waterloo in conjunction with the F.Y. 2012 Sidewalk Repair Assessment Program - Zone 1, Contract No. 811", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5087. 137688 - Hart/Greenwood that "an Ordinance Establishing Grades in the City of Waterloo in conjunction with the F.Y. 2012 Sidewalk Block Grant Repair Assessment Program - Zone 1, Contract No. 812", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137689 - Hart/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137690 - Hart/Greenwood that "an Ordinance Establishing Grades in the City of Waterloo in conjunction with the F.Y. 2012 Sidewalk Block Grant Repair Assessment Program - Zone 1, Contract No. 812", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5088. OTHER COUNCIL BUSINESS 137691 - Cole/Hart that Change Order No. 3 for a net increase of $70,922.00 for work performed by Prairie Construction Co, Inc. of Waterloo, Iowa in conjunction with F.Y. 2011 Mark's Park Play Area and Performance Structure, Contract No. 773 -Submitted by Jamie Knutson, P.E., Associate Engineer, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. Mr. Jones asked if the repair to the rubberized play surface was due to vandalism. Paul Huting, Leisure Services Director, reported that children walked through the service before it was dry so it needed to be done to remove the foot prints. 137692 - Cole/Hart that submission of a Waterloo Hotel/Motel Tax grant application in the amount of $41,470.00 to be used for Mark's Park amphitheater advertising and entertainment costs -Submitted by Gammie Scully, .Director of Cultural & Arts, be approved. Voice vote -Ayes: Seven. Motion carried. •paTaaeo uor;oN •uanaS :sally-agon soToA •eTT; uo paoWTd pup peATeOe2 eq 'gueugzpdau seoTAJas eansTeri zo3 dX066T TepoN 'zaddr40 pooh ;TAME; ZTOZ (T) eu0 ;o esegoand q;TM uorgounCuoo uT •oge 'guaumoop prq 'suoT4eor;Toeds ;8q; gaPH/eI0D - L69L£T •parzzpo uorgoN •uanas :se k-agon eoroA •panoaddp eq 'guemgzedeo saOTAaes e1nsraq 20; dX066T TePoN 'saddrg0 pooh ;Tpueg ZTOZ (T) au() 3o aspg02nd 144 -Pm uoT;ounCuoo ur •33a 'gueunoop pTq 'suorgeor;coeds ended og rogoazrQ sxzoM o-Tgnd gonzgsur og g2PH/eT00 - 969LET •TZTT-TTOZ .ON paubrsse zoAgN Aq TPnozddp uodn pue pagdope uoT;nTosag •obe s/8aA aTdnoo P ogur paae;ue SEM guauaazbe au; pue 2opTaaoo gem; 3o guaudoTanap oruouooa am; zo3 pueT aug spaau A;TO aqg gnq gbrq sT eorzd aqg gPq; S9aJSP SCIPIO /CAEN Iraq; zo; azoe zad 000'SbS PTPd NSA ;eq; Pe;egs 'Aeuzoggy AgT0 •Agrado/d 'gsieM UuTP •000'0ZS ATagemTxozdd-2 gP pesrerdde sum abueuoaagur gbnozogsuy au; zo; pesegoznd e2aM ;eqg PUT 3o ST9o2Pd TTems-egy .spun; goTJgsTQ 3II egg bursn 10; prpd sr pueT erg' -0r;pz T:TZ•£ P gP Maid; sAPd pue pueT sabuegoxa A;rO egg 'Agunop aqg uT pueT Anq Aagg uegM pup uorgpzrupbzo buruze; ▪ sT H9'T •ooTzageM 3o q;Mozb mzag-buoT aid; zo3 xzed ssaursnq e se pageubrsep sT Pare ;et •gbnozogsuy ;o ;spa pue 03 A/41.1 -5TH 30 apes u;nos au; uo sazOP OST ATagEmrxozddB zo3 SWIP3 I.'7 q;TM guauaazbe abuegoxa ue ogur pazagua SPu AgTO aqg ;pg; pagou 'zogoaITQ ;uamdoTanao pue buruueTa Agrunmuo0 'uoszapuy TaoN •guauaazbe guamdoTanap P sT azaq; 3T pav,s8 pup azoe zad eoTad aid; g;TM uzaouoo pesseadxe A;gao •2N •(A4 eD) eu0 :sAeN •xrs :saAv-agon TTeo TTo21 'pagdope eq '„2ogoe1TQ guaudoTeAeQ 3 buruueId A;Tununuoo 'uoszapuy TaoN Aq paggiugns-eorgou gsrTqnd o; xraT0 AgT3 gonzgsur pup :sgsoo bursoTo uT 00.000'OTS og do snTd 00.000'0SLS 3o ;unome egg uT sur93 H pup Z g;FM pueT 3o (abuegoxa) ares PUP uor;Tsrnbop egg zo3 uorgpzTaoggne 'eoue;deooy pup age;sa Teag Ana o; 29330 3o guauubrssy ';ueuaazby abuegox2 ue 3o Tenozdd- zo3 TT03 '3T aequaoau 9P bur199q 3o agep burgges uorgnToseL, qeu; 447140S/pooMuaa20 - S69L£T •OZTT-TTOZ •oN paubrsse 2oAppp Aq Tpno/dde uodn pup pagdope MorgnTosag •uanas :saAV-agon TTeo ITog .pagdope eq '„zauupTd Agro 'zapeozgos oTaV Aq paggrmgnS-aor;ou gsrTqnd 04 3(zaTO Agro gonzgsur pue :suorgrpuoo ure;zao o; goe qns pup suor;zod uTPgzao zeta ;uemaspe A41Tr4n e 30 uoT;ue;az aid; o; goaCgns 'guauaazbe guaudoTanap e ogur zagua pue 00•TS 103 071 sguau;lady M N og paAanuoo eq o; uorgrod P pue £8•093'9TS so; uabzaquanaz ufTzy o; paAanuoo eq o; uor;2od P g;TM 'eue7 N1Pd pup enuany goe/e;p0 ueeM;eq pegeool enuany guouabpg 30 uorgzod P Aanuoo pup TTas 'a;poen og uabzaquanaz uTT2y 3o gsanbaz anozdde og TTOZ '6T zagUuaoa0 sP bur12aq 3o agep burggas uoT;nTosag, ;egg •6TTI-TTOZ ;4TMgos/pooMuesao •oN paubrsse zoApyl Aq Tenozdd'a uodn pup pagdope uor;nTosag -TeTuep burpueunuooea sT UOTsSTumo3 buruupTd aid; pup aaggrunuo0 spuno20 pup burpTrng agg ;pq; pagou '/ogoaITQ guaudoTanap pup buruupTd Agrununuo0 'uoszapuy TeoN uanaS :sezv-agon TTeo TToH -pagdope eq '„zauueTd A;TO '2apeo/qog orzy Aq paggTMgns-aor;ou gsrTqnd og xzaTO A;TO gonzgsur pup :pzpA spar s,gugoTTddP agg ogur 8918 aid; buTup2odzoour pup Aa TTP eq; 3o uorgzod P bUTSOTO 3o esod/nd aqg zo; 00.90DS zo3 uorgrppy TTTH esoH 3o 8 NooTg uT pe;Boor ATTeleueb 499z4S smepy bZ9 ;e amoq au; puTgeq pa4e00 AeTTP 0rTgnd 30 uorgzod buoT goo; 03T 9;p111rx01ddP UP AanU00 pup TTas 'ageo8n og 13)[1 d puuop9g 3o gsanbaz anozdde o; TTOZ '61 aaqmsoaa s8 buTaPau ;o agep burggas uorgnTosag,, gegg - b69L£T ;;TMg0s/pooMuaa20 - £69L£T g ab8d TTOZ 'S lequeoea December 5, 2011 Page 9 137698 - Cole/Hart that "Resolution preliminarily approving specifications, bid document, etc. conjunction with Purchase of One (1) 2012 Bandit Wood Chipper, Model 1990XP Leisure Services Department", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1122. 137699 - Cole/Hart that "Resolution setting date of hearing as Clerk to publish notice of specifications, with Purchase of One (1) 2012 Bandit Wood Services Department", be adopted. Roll call Resolution adopted and upon approval ORAL PRESENTATIONS 137700 - Hart/Cole in for December 12, 2011 and instruct City bid document, etc. in conjunction Chipper, Model 1990XP for Leisure vote -Ayes: Seven. by Mayor assigned No. 2011-1123. that the council adjourn to Executive Session at 6:18 p.m. Roll call vote -Ayes: Seven. Motion carried. City Attorney Jim Walsh stated that discussion of labor contract negotiations is an approved topic of Executive Session pursuant to Iowa Code Section 20.17(3)(2001) and discussion of acquisition of property is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(j)(2009). 137701 - Hart/Schmitt 137702 EXECUTIVE SESSION that the council adjourn Executive Session at 7:45 Seven. Motion carried. • - Hart/Schmitt p.m. Voice vote -Ayes: motion to proceed. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 137703 - Hart/Schmitt that the Council adjourn at 7:45 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares City Clerk Mayor RUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN 1 -SART Marl 4 RON WELPER Ward I30I3 GREENWOOD At -Large STEVE SCHMITT ,41Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (310) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director December 7, 2011 Honorable Mayor Buck Clark City Council Members City Hall Waterloo, Iowa 50703 Dear Mayor and Council: Attached please find a formal application for tax exemptions on improvements made to the property located at 4909 Fostoria Drive, Waterloo, Iowa 50703. Iowa Habitat for Humanity has submitted the application for the following improvement(s): New Build. The sum costs of these improvements are expected to reach $79,000. These improvements qualify for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area Plan. The applicant has selected the (10) year partial exemption schedule. The property address is identified below: ADDRESS 4909 Fostoria Waterloo, Iowa 50703 LEGAL DESCRIPTION SOUTHLAND PARK REPLAT OF PART OF SOUTHLAND PARK SUBDIVISION LOT 102, in the City of Waterloo, Black Hawk County, Iowa. The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that it does conform to the CLURA Plan. We would therefore recommend approval of this application. ,Siinccerelly, CJo 0:414- - c CJ v /. W,. _ Christopher W. Western Planner II Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Aug 30 11 05:44p Iowa Headland Habitat 3192326313 p.3 URBAN REYITALEZA'FIQI` APPLICAT/ON FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE URBAN REVITALIZATION PLANS ADOPTED BY T1 -IE CITY COUNCIL, OF THE CITY OF WATERLOO. - The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1: At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. It commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CUBA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with your assessor according to the timeline of the State Code of Iowa, Section 404A unnumbered paragraph 2 (as attached,) However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has bee granted by the City Councilor County Board of Supervisors. Please fill out the following infomhation for your application to be submitted to the City Cogncil. DDR F 74 ADDRESS: -3-17— TELEPHONE: 2(0, -3. ?, S 95 gin DATE: A. What is the Address of your property? 1-4.0 <I FOS 3 fiS: ta SIGNATURE: What is the Leg -at escriptiopn aCt4(t�vour rope tty? (Avail ble at Coun Asses. or's Ofl�tic'k on 2"/d fll000r of the Courthouse)? i�G' t�r-r-U-t/p ,yLC Ifs rt h 'r ' ? 1tifi .10 � �Ut t 13. Indn to tesired exem rion-schedule: (1 or 2) Me -t:_- (IL U ie- A C. x One $undred Percent 00%) exemption for three years on the actual value added by improvements; 2._i -",A parka exemption on the actual value added by improvements according to the fallowing schedule: a. First Year --------80% d. Fourth Year— 50% g. Seventh Year 30% b. Second Year 70% e. Fifth Year------- 40% h. Eighth Year -----30% c. Third Year -------60% 1. Sixth Year ------__40% i. NinthYrar 20% j. TenthYear-----20% C. What was the nature of the improvernent(s)? - D. City of Waterloo Building and Inspections Department Information: Pennit Number: 2:01 L b J r:act Date pemit was issued: -7 b-7 (go(/ Total permit(s) valuation: IE. What was the cost of the improvement? 7 9cY{I-t' 3012.011 c — SYI 3 07 3i `7 6 c, 2 15, one, Clv F. Estimated or actual date of completion of these improvements? [1 1 -� v 2_O 12.- G. If this is not a singe -family dwelling unit, which you own and reside in, will these improvements create a displacement of you tenants? Yes No CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: 1 BLACK HAWK COUNTYASSESSOR APPROVED DATED: DENIED Vicki Atkins Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. - Printable Map Output Page 1 of 1 Black Hawk County Parcel Map Parcel ID: Deed Holder: Legal: 8813-07-377-002 OWA HEARTLAND HABITAT FOR HUMAN L000nd pancoidim Aerial Phos Ble<YHewF Co. F"h".. hospiLal n nr.„mM ndepl paha_ h.pm &ping Rallroad< Township. n<dol�. pa la Rmh6otmr QTo,inhlp ^/ Clry Lines .a11ro.0 dim ,emodin SOUTHLAND PARK REPLAT OF PART OF SOUTHLAND PARK SUBDIVISION Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor@co.black-hawk.ia.us.orq !Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for local government purposes. See the recorded documents for more detailed legal information. http://www2. co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 12/7/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 41FITT l:E..111.flII'®:1i!1Ui•9l1/LTii UJI11 "r1►17eY�ir Parcel ID Deed Holder NUTC / Type ax Mail to Address 8813-07-377-002 IOWA HEARTLAND HABITAT FOR HUMAN IOWA HEARTLAND HABITAT FOR HUMAN 803 W 5TH WATERLOO, IA 50702-0000 PDF No. Map Area Contract Buyer 5 SWTLO-11 8/5/2005 Property Address Current Recorded Transfer 8/9/2011 WA 05929 Date Drawn Date Filed Recorded Document Type 9/10/2010 9/17/2010 2011 005449 D SALES BUILDING PERMIT Date Amount NUTC / Type Date Number (Amount Reason 9/10/201025,000 Land VACANT LOTS / Deed 11/10/2011 WA 08346 7,425 Furnace 8/5/2005 169,178 RESIDENTIAL SALE OF TWO OR MORE PARCELS -SINGLE CONSIDERATION / Deed 8/9/2011 WA 05929 79,000 New Dwlg Ic 1/21/199999,000 Land RESIDENTIAL SALE OF TWO OR MORE PARCELS -SINGLE CONSIDERATION / Deed 7/1/1998 4,000 PURCHASE OF ADJOINING (TOUCHING) OR ADJACENT (NEAR -BY) PROPERTY / Deed ASSESSED VALUES/CREDITS Year ' Class !Class R R 100% Value 2011 100% Value Land 'Dwelling Building M/E TTotal{p�cres 0 re 18,560 10 0 0 18,560 Ic taxable Value Land (Dwelling ` Building 0 IM/E 10 —Total [9,420 9,420 10 12010 ear Class 1100% !R alue Land Dwelling Building 14,020 0 0 M/E Total Acres 0 [14,020 !0 Taxable Land alue 6,804 Dwelling Building 0 M/E Total 0 6,804 Year Class 2009 R 100% Value Land Dwelling Building M/E Total Acres 14,020 10 14,020 0 0 re Taxable Value Land Dwelling Building M/E Total ,577 0 0 10 ;,577 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 2011/2012 Tax District 940001 - WATERLOO Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 14,020 6x1804 0 42.69322 $290.48 $290.00 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet. asp?apn=881307377002 12/7/2011 Black Hawk County Detailed Parcel Report Page 2 of 2 ;Nocorp 0 10 10 1$0.00 Rear Homestead Credit Disabled Veteran Credit Property Tax Relief Credit gFamily Credit Farm Credit Corp $0.00 $0.00 $0.00 0.00 $0.00 iNocorp ;8560 $0.00 LEGAL rSOUTHLAND PARK REPLAT OF PART OF SOUTHLAND PARK SUBDIVISION LOT 102 LAND Basis Front Rear Side 1 Side 2 Lot lArea 0 8560 Acres 0.196 Front Foot 80 80 107 107 Totals: ;8560 0.196 http://www2. co. black -hawk. ia. us/website/bhmap/bhRepDet. asp?apn=8813 073 77002 12/7/2011 Mayor BUCK CLARK COUNCIL MEMBERS DAVJD JONES Ward 1 CAROLYN COLE Ward HAROLD GETTY ward3 QUENTIN HART ma,ia RON WE LPI R fiord 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO 1A COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-43(16 Fax (319) 291-4262 NOEL C. ANDERSON, Curnrnunily Planning 6 Declopnn4nr Dirxter December 7, 2011 Honorable Mayor Buck Clark City Council Members City Hall Waterloo, Iowa 50703 Dear Mayor and Council: Attached please find a formal application for tax exemptions on improvements made to the property located at 209 Ash Street, Waterloo, Iowa 50703. Iowa Habitat for Humanity has submitted the application for the following improvement(s): New Build. The sum costs of these improvements are expected to reach $80,000. These improvements qualify for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area Plan. The applicant has selected the (10) year partial exemption schedule. The property address is identified below: ADDRESS 209 Ash Street, Waterloo, Iowa 50703 LEGAL DESCRIPTION SHILLIAMS SUBDIVISION LOT 8 BLK 1 The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that it does conform to the CURA Plan. We would therefore recommend approval of this application. Sincerely, Christopher W. Western Planner II Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: wwwci.waterloo. ia. 05 WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmallve Action Employer Nov 21 11 04:14p Iowa Heartland Habitat 3192326313 p.3 ':.ate. URBAN REVITAY.I7ATYON APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS THE URBA I REVITALIZATION PLANS ADOPTED BY T[� CITY CO (JNCIL OF 4OFhire �I a 0o CITY OF WATERLOO. 70°. The Co .olidated Urban Revitalization Area (C1IRA) allows property tax exemptions on improvements to property located within i. boundaries that meet the following criteria: 1: At I .st a 10% improvement to the value of the residential property. At least a 15% improvement to the value of co... ercial property if abuilding was previously on the site. It commercial property was previously vacant, all actual val - added by the improvements is eligible for tax exemption. 2, Be 1 o cated within the CURAboundaries (a map of which can be obtained from the City of Waterloo Community Planniu;, & D1 velopment Department) 3. This application must be filed with your assessor according to the timeline of the State Code of Iowa, Section 4044 unn . bored paragraph 2 (as attached.) However, a single application may be filed upon completion of an entire project requ '.: more than one year to construct or complete, providing prior approval has bee granted by the City Councilor - Co ty Board of Supervisors. Please fi out the following information for your application to be submitted to the City Council. NAME: ♦ . �/ it •, g5� /� t l� SIGNA1TURE: ADD' ' S: :���i�11��i/' � / TELEP ONE: • i • a A TE, : L C• , 0-0 i - A. Wha _ is the Address of your property? -T49 7 Wha is the Le al Description y ur p&hi, rty? (Available at ounty Assessor's Office on 2°' floor of the Courthouse)? L4� _ / '• 62_,9:8AL- tqa ip4i H. Indi. 1. to desired exemption sched One Hundred Percent (100%) U1C-4_. wst, , ,' e: (1 or 2)11 exemption for three years on the actual value added by improvements; 2. a. ,- A partial exemption on the actual value added by improvements according to the following schedule: irstYear------80% d. Fourth Year 50% SeventhYear-----30% b. ' c. g. mond Year -----70% e. Fifth Year-- 40% b. Eighth Year-- —30% dYear------60% f. Sixth Year ----40% i. Ninth Year C. Wha -20% j. Tenth Year ---20% was the [nature of the improve eat )7 lLCA_O—_ ......8-4.2_,C, D. City o PermitNumber: Waterloo Building and Inspections Department Information: lm/ 0 ¶ l U 2 Date permit was issued: i 0 / / a kat I Total permit(s) valuation l u, U s 9 E. What ,as the cost of the improvement? 0 6t c3 -f) i F. Es: .l. ted or actual date of completion of these improvements? t ( 2., G. If this you t:. Iis not a singe -family dwelling unit, which you own andreside in, will these improvements create a displacement of ants? . Yes No w f CITY OF ,VATERLOO • • DATED: RESOLUTION NO: I•PROVED NOV'2 1 7nj� BLACK 1 WK COUNTYASSESSOR PROVED DATED: DE Vicki Atkins IED Black Hawk County Note: T Note: C B Assessor e improvements to your home or business may not change the assessed value. '' Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the : ck Hawk County Assessor's Office for criteria eligibility. Printable Map Output Page 1 of 1 Black Hawk County Parcel Map Parcel ID: .__ _ 18913-24-429-009 Deed Holder: OWA HEARTLAND HABITAT FOR HUMAN Legal: SHILLIAMS SUBDIVISION LOT 8 BLK 1 Legend FeIW,es perks_ pinks Mpin * tY' Rallmnhs TownshIps 4o[tlons WaW, Parcels �l Br01Xsa4Ws u Township „,,/ City linos r✓I,osa tllm raaddim paiveidifil Audit Photo[ Bleck Hawk rBlack Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor(Nco.black-hawk.ia.us.orq rMap Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for local government purposes. See the recorded documents for more detailed legal information. http://www2.co.black-hawk.ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov&... 12/7/2011 Black Hawk County Detailed Parcel Report Page 1 of 2 :1WTM:Ch'k'iE.1elll�Yi•/:]d±r• • 'LI AbSfsi SALES None None BUILDING PERMIT Date Parcel ID ".�......" ;" Deed Holder ax Mali to Address.i 8913-24-429-009 [Map Area IOWA HEARTLAND HABITAT FOR HUMAN Contract Buyer IOWA HEARTLAND HABITAT FOR HUMAN 803 W 5TH WATERLOO, IA 50702-0000 PDF No. 7 EWTLO-12 Total res T '-Property Address Current Recorded Transfer 0 Date Drawn Date Filed Recorded Document Type 6/21/2011 7/7/2011 2012 000485 D SALES None None BUILDING PERMIT Date Number Amount 'Reason 11/9/2011 WA 08102 80,000 'New Dwlg ASSESSED VALUES/CREDITS -" Year Class 2011 R x100% Value Land Dwelling Building M/E Total res T 1,580 0 0 0 1,580 0 'taxable Value and Dwelling Building M/E Total 802 0 '0 0 802 Year 2009 R Class Land Dwelling 2010 M/E Total (Acres R 0 0 100% Value Land ;Dwelling ;Building - M/E 0 Total 11,6po M/E 'Total cres 0 1,690 p j0 Taxable Value Land 'Dwelling Building 0 Family Farm Credit M/E 0 ITotal r820 820 0 Year Klass 2009 R 100% Value Land Dwelling Building M/E Total (Acres 1,690 0 0 0 1,690 10 VT xa able alue ' ` Land Dwelling Building M/E 'Total 793 0 0 0 1793 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 2011/2012 Tax District 940001 - WATERLOO Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 1,690 820 0 42.69322 $35.01 $36.00 Nocorp 0 Disabled Veteran Credit 10 0 $0.00 Homestead Credit Property Tax Relief g Credit (Credit Family Farm Credit Corp $0.00 1$0.00 $0.00 $0.00 $0.00 Nocorp 1 0.00 r LEGAL SHILLIAMS SUBDIVISION LOT 8 BLK 1 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324429009 12/7/2011 Black Hawk County Detailed Parcel Report . , LAND Page 2 of 2 Basis Front ;Rear Side 1 (Side 2 Lot Area Acres. Front Foot 60 60 140 140 0 8400 0.193 (Totals: ( 8400 0.193 http://www2. co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891324429009 12/7/2011 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting:!/ 11 Prepared:/>7Y/11 Dept. Head Signature: # of Attachments: <3 Cru ( • ., (4hc,-, 06. moi! -I i3� 1144° - D�d SII SUBJECT: Rescind Ordinance No, 5068; approve a Resolution determining an area of the City to be a revitalization area, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of the City; and re - approve an Ordinance establishing a City Limits Urban Revitalization Area with the proposed boundaries to encompass all incorporated areas of the City of Waterloo except those areas currently included in the Consolidated Urban Revitalization Area (hearing held July 18, 2011. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: approval. Summary Statement: In July the City Council approved the establishment of the City Limits Urban Revitalization Area (CLURA), however a requirement to adopt a resolution of necessity regarding the urban revitalization area was inadvertently omitted. The resolution of necessity must now be adopted, and the approval of the CLURA must be rescinded and redone. The City of Waterloo has an existing Consolidated Urban Revitalization Area that encompasses the core area of the City, and provides a tax break on qualifying improvements within the district. The GROW Committee recommended creation of a new city-wide urban revitalization area to encourage new construction of single-family and two-family dwellings, providing a 3 year, 100% exemption on the increased taxable value. Expenditure Required: none Source of Funds: n/a Policy Issue: Economic Development Alternative: Background Information: The City of Waterloo is working to gain more one and two family development. The City does not believe it is getting a fair percentage of such development compared to the amount of development occurring county wide, and the City established the GROW Committee to review alternatives to promote more housing. This is the Committee's recommendation. Legal Description: see attached Plan CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer RESOLUTION NO. 2011 - RESOLUTION DETERMINING AN AREA OF THE CITY TO BE A REVITALIZATION AREA, AND THAT THE REHABILITATION, CONSERVATION, REDEVELOPMENT, DEVELOPMENT, OR A COMBINATION THEREOF, OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY. WHEREAS, the City of Waterloo, Iowa desires to create a city-wide urban revitalization area, with specified exceptions, known as the City Limits Urban Revitalization Area, in accordance with Iowa Code Chapter 404, with said area being legally described as follows: All areas within the corporate limits of the City of Waterloo, Black Hawk County, Iowa, excluding the following described real estate: Beginning at a Point on the East line of Section 31 Township 89 Range 12 where the East line of said Section 31 intersects the Northeasterly line of the Cedar River; thence South along the East line of said Section 31 to its intersection with the Southwesterly line of the Cedar River; thence Southeasterly, Southerly, and Southwesterly following said Southwesterly line of the Cedar River to its intersection with the South line of Section 31 Township 89 Range 12; thence West along the South line of said Section 31 to the Southwest corner of said Section 31; thence West along the South line of Section 36 Township 89 Range 13 to the point of intersection with the East line of Lot 32 Garden Addition extended Southerly; thence North along the Southerly extension of the East line of Lot 32 Garden Addition, the East line of Lot 32 Garden Addition, and the extension Northerly of the East line of Lot 32 Garden Addition to the point of intersection with the centerline of Plymouth Avenue; thence West along the centerline of Plymouth Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the centerline of Lorraine Avenue; thence West along the centerline of Lorraine Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the south line of Hawthorne Avenue; thence West along the South line of Hawthome Avenue to the Easterly line of Kimball Avenue; thence North along the East line of Kimball Avenue to the North line of Reber Avenue; thence West along the North line of Reber Avenue and its extension Westerly to the Northwesterly line of the Sergeant Road Bike Trail (formerly the Chicago & Northwestern Transit Co.); thence Northeasterly along the last described line to the Westerly line of Fletcher Avenue; thence North along the West line of Fletcher Avenue to the South line of Black Hawk Road; thence Southwesterly and Westerly along the South line of Black Hawk Road to its intersection with the centerline of Ansborough Avenue, said centerline also being the East line of Section 28 Township 89 Range 13; thence North along the East line of said Section 28 to its intersection with the Easterly extension of the North line of Lot 19 Block 32 Downing Place; thence West along said Easterly extension of the North line of Lot 19 Block 32, and the North line of Lot 19 Block 32 said addition, and the Westerly extension of said line to the intersection with the East line of Lot 9 Kearns Addition; thence North along the East line of Lot 9 said addition to the Northeast corner of said Lot 9; thence Westerly and Northwesterly along the platted Northerly lines and arcs of Lots 9, 10, 11, 12, 13, 14, and 15 of Kearns Addition to the Northwest comer of Lot 15 said addition; thence Northwesterly in a straight line to the Northeast comer of Lot 26 Kearns Addition; thence Northwesterly following the Northerly lines (arcs) of Lots 26 and 27 Kearns Addition to the Northwest corner of Lot 27 said addition; thence Northwesterly in a straight line to the Northeast comer of Lot 41 said addition; thence Southwesterly following the Easterly lines (arcs) of Lots 41, 40, and 39 Kearns Addition to the Southeasterly comer of Lot 39 said addition; thence Westerly along the Southerly line of said Lot 39 to the Southwest corner of said lot; thence Northeasterly along the Easterly lines of Lots 56 & 55 said addition to the most Easterly comer of Lot 55 said addition; thence Northwesterly along the North lines (arcs) of Lots 55, 54, 53, 52, 51, 50, 49, 48, and 47 said addition, and the extension Northwesterly of the Northeasterly line (arc) of said Lot 47 to its intersection with the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue to the centerline of Linbud Lane; thence North along the centerline of Linbud Lane to the centerline of Alabar Avenue; thence Northwesterly along the centerline of Alabar Avenue to the centerline of Littlefield Road; Resolution No. 2011 - Page 2 thence Southerly along the centerline of Littlefield Road to the centerline of Flower Street; thence Northwesterly along the centerline of Flower Street, to the centerline of Sheerer Avenue; thence Northerly along the centerline of Sheerer Avenue to the centerline of Flower Street; thence West along the centerline of Flower Street to the point of intersection with the Northerly extension of the West line of Lot 1 Alabar Hills Second Addition; thence South on said extension of the West line of Lot I said addition, and the West line of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 said addition to the Southwest comer of Lot 13 Alabar Hills Second Addition; thence South on a continuation of the last described course to the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue as originally platted to its intersection with the South line of Section 21 Township 89 Range 13; thence West along the South line of said Section 21 to the Southwest corner of' said Section 21; thence West along the South line of Section 20 Township 89 Range 13 to its intersection with the centerline of Progress Avenue; thence North along the centerline of Progress Avenue to the point of intersection with the centerline of Crossway Drive; thence Westerly along the centerline of Crossway Drive, and an extension thereof, to the Westerly line of Midway Drive, (said point of intersection also currently a point on the Westerly Corporate Limits of the City of Waterloo); thence North following the current Westerly corporate limits of the City of Waterloo to a point on the centerline of Midway Drive where the North line of Lot W-3 Cedarloo Park, if extended Westerly, would intersect said centerline; thence East along said extension of the North line of said Lot W-3, and the North line of said Lot W-3, to the West line of Lot 21 Acorn Addition; thence South along the West line of Lot 21 Aeon Addition to the Southwest comer of said lot; thence Easterly along the South line of Acorn Addition to the Southeast corner of Lot 1 said addition; thence continuing along an extension of the last described courseto its intersectionwith the centerline of Progress Avenue; thence South along the centerline of Progress Avenue to the point where the South line of Lot W-116 Cedarloo Park, if extended Westerly, would intersect said line; thence Easterly along the extension of the South line of Lot W-116 said addition, and the South line of Lot W-116 said addition to the Southeast comer of Lot W -I 16 said addition; thence Sonith along the East line of Lot W-115 Cedarloo Park to the South line of Tract D of Pine Meadows Addition; thence East along said South line to the West line of Forest Hill Subdivision; thence South along the West line of Lots 10, I1, 12, 13, 14, 15, 16 & 17 said addition to the Southwest comer of Lot 17 said addition; thence Southeast along the Southerly line of Lot 17, and the extension thereof, to its intersection with the centerline of S. Hackett Road; thence North along the centerline of S. Hackett Road to the centerline of Maynard Avenue; thence East along the centerline of Maynard Avenue to its intersection with the extension Northerly of the West line of Paul's Replat of a Part of Lawless Addition; thence South along the Northerly extension of the West line of Paul's Replat of a Part of Lawless Addition, and along the West line of said addition to the North line of Tract A said addition; thence East along said North line to its intersection with the West line of H. Ray Hughes Addition; thence South along the West line of said addition to the centerline of Coachman Drive (said centerline also being a point on the West line of Tract B said addition); thence East along the centerline of Coachman Drive (296 feet more or less) to its intersection with the centerline of Carriage Hill Drive; thence South and Southeasterly along the centerline of Carriage Hill Drive to the centerline of Stephan Avenue; thence South along the centerline of Stephan Avenue to the point where it would intersect the Westerly extension of the North line of Lot 45 Hansen Noble Addition; thence East along said Westerly extension of the North line of said Lot 45, and the North line of Lot 45 said addition to the Northwest corner of Lot 24 Hansen Noble Addition; thence South along the West line of Lots 24 and 23 said addition to the South line of Lot 23 said addition; thence East along the South line of Lot 23 said addition to the West line of Hanna Boulevard; thence Easterly in a straight line to a point on the East line of Hanna Boulevard that is 5.2 feet normally distant Southerly from the North line of Lot 1 said addition; thence Easterly along a line that is 5.2 feet normally distant Southerly of the North line of Lot 1 said addition to the East line of said Lot 1 Hansen Noble Addition; thence North along the East line of Lots I & 2 said addition to the North line of Lot 16 Block 4 Kreb's Addition; thence East along the North line of said Lot 16 to the Northeast comer of said lot; thence East along a continuation of the last described course to the centerline of Hickory Street; thence North along the centerline of Hickory Street to the point of intersection with the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition; thence East along the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 33 Block 5 said addition to the West line of Maxwell Street; thence Easterly in a straight line to the Southwest corner of Lot Resolution No. 2011 - Page 3 10 Block 6 Kreb's Addition; thence East along the South line of said Lot 10 Block 6 said addition to the Southeast comer of said lot; thence North along the East line of Lots 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 Block 6 of Kreb's Addition to the Northeast corner of Lot 1 Block 6 said addition; thence West along the North line of said Lot 1 to the Northwest comer of said Lot 1; thence continuing West along an extension of the last described course to the centerline of Maxwell Street; thence North along the centerline of Maxwell Street to the point of intersection of the Westerly extension of the South line of Lot 9 Block 3 Nelson Addition; thence East along said Westerly extension of the South line of Lot 9 Block 3, and the South line of Lots 9 and 10 Block 3 said addition, vacated Brender Street, and Lots 9 and 10 Block 2 said addition to the Southeast corner of Lot 10 Block 2 said addition; thence East on a continuation of the last described course to the centerline of Aladdin Street; thence Northerly along the centerline of Aladdin Street to the point of intersection with the centerline of Upton Avenue; thence West along the centerline of Upton Avenue to the intersection with the centerline of Galloway Court; thence North along the centerline of Galloway Court to the intersection with the centerline of Maynard Avenue (said point also being the point of intersection of the centerlines of Maynard Avenue and Joy Drive); thence Northerly and Northwesterly along the centerline of Joy Drive to the point of intersection with the extension Southerly of the East line of Lot 7 Block 1 of Clyde Miller Heights; thence North along the Southerly extension of the East line of Lot 7 Block 1 said addition and the East line of Lot 7 Block 1 said addition to the Northeast comer of said lot; thence Northeasterly along the Southeasterly line of Lot 3 Auditor's Whitney Road Plat to a point that is 89.2 feet Northeasterly of the Southwesterly line of Lot 3 said addition; thence Northwesterly along a line that is 89.2 feet Northeasterly of and parallel to the Southwesterly line of said Lot 3 to its intersection with the most Westerly line of said lot, said point also being a point on the most Easterly line of Lot 2 Block 1 of Clyde Miller Heights; thence Northeasterly along the most Easterly line of said Lot 2 to the Northeast comer of said lot; thence Northwesterly along the most Northerly line said Lot 2 to the Northwest corner of said lot, also being a point on the East line of Hanna Boulevard; thence North along the West line of Lot 1 Blockl Clyde Miller Heights, and an extension thereof to the North line of Rainbow Drive; thence Northwesterly along the Northerly line of Rainbow Drive to the Southeast comer of Lot 10 of Auditor's Whitney Road Plat; thence North to the Northeast corner of said Lot 10; thence Northwesterly along the Northerly line (curve) of Lots 10 and 11 of said addition to the point of intersection with the extension Southerly of the West line of Lot 12 Auditor's Whitney Road Plat; thence North along the Southerly extension of the West line of Lot 12 Auditor's Whitney Road Plat, and the West line of Lot 12 Auditor's Whitney Road Plat to the Northwest corner of said Lot 12; thence East and Southeasterly following the Northerly line of said Lot 12 to the Northwest corner of Lot 4 Sherwood Park; thence Southeasterly along the Northerly line of Lots 4, 3, 2, and 1 of Sherwood Park to the Northeast corner of said Lot 1 Sherwood Park; thence North in a straight line to the Southeast corner of Lot 5 Sherwood Park; thence Easterly in a straight line to the Southwest corner of Lot 25 California Subdivision; thence Southeasterly following the South line of Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, and 45 said addition to the Southeast corner of Lot 45 said addition; thence Southeasterly in a straight line to the most Westerly corner of Lot 1 Massey Pullman Diner Plat; thence Southeasterly to the Southeast comer of Lot 2 Massey Pullman Diner Plat; thence Southeasterly on an extension of the last described course to its intersection with the centerline of Relocated Ansborough Avenue; thence Northeasterly and Easterly along the centerline of Relocated Ansborough Avenue to the Centerline of Relocated West Conger Street; thence Northeasterly along said Centerline of Relocated West Conger Street across the Cedar River Bypass to the Southwesterly line of the main channel of the Cedar River; thence Northeasterly to the intersection of the centerline of Relocated Conger Street and the Northeasterly line of the main channel of the Cedar River; thence Northerly along said Northeasterly line of the Cedar River to the point where the centerline of West Parker Street, if extended Westerly, would intersect said Northeasterly line; thence Easterly along said extension of West Parker Street and the Centerline of West Parker Street to the centerline of Cedar Bend Street; thence following the centerline of Cedar Bend Street, as now established, Northwesterly and Northerly to the centerline of W. Donald Street, said point also being a point on the South line of Section 10 Township 89 Range 13; thence West along the South line of said Section to the Southwest comer of said Section; thence North along the West line said Section to the North line of the South one-half of said Section; thence East along said North line of the South one-half of Section 10 Township 89 Range 13 to the East line of said Section; thence East along the North line of the South Resolution No. 2011 - Page 4 one-half of Section 11 Township 89 Range 13 to the Southwest comer of the Southeast quarter of the Northeast quarter of Section 11 Township 89 Range 13; thence North along the West line of said Southeast quarter of the Northeast quarter to the Northwest corner of said Southeast quarter of the Northeast quarter; thence East along the North line of said Southeast quarter of the Northeast quarter to the East line of Section 11 Township 89 Range 13, which point is the Centerline of U.S. Highway 63 (also known as Logan Avenue); thence South along the Centerline of Logan Avenue to the Centerline of Ralston Road; thence East along the Centerline of Ralston Road and an extension thereof to its intersection with the West line of Virden Creek; thence Southerly and Southwesterly along the Westerly line of Virden Creek to the Centerline of the tracks of the Chicago Central and Pacific Railroad Line; thence Easterly and Southerly along the Centerline of the Chicago Central and Pacific tracks to a line six hundred and sixty feet (660') North of and parallel to the South line of Section 13 Township 89 Range 13; thence East along said line to the East line of said Section; thence continuing Easterly along a line six hundred and sixty feet (660') North of and parallel with the South line of Section 18 Township 89 Range 12 to the East line of said Section; thence South along the East line of said Section to the Northeast corner of Section 19 Township 89 Range 12; thence South along the East line of said Section to the centerline of Independence Avenue; thence East along the centerline of Independence Avenue to the West line of Skyview Road; thence South along the West line of Skyview Road to the North line of Osage Avenue (formerly Osage Road); thence West along the North line of Osage Avenue to the West line of North Evans Road; thence South along the West line of North Evans Road to the Southwesterly line of the Chicago Central & Pacific Railroad Right - of -Way, said Point also being a point on the City Limit line of the Corporate Limits of Waterloo, Iowa, as currently established; thence Northwesterly and Southerly following the City Limit line as currently established to the point where it intersects the Northeasterly line of the Cedar River; thence Northwesterly along the Northeasterly line of the Cedar River to the point of Beginning; all in the City of Waterloo, Black Hawk County, Iowa; and also excluding, All that part of Section 2, Township 89, Range 13, in the City of Waterloo, Black Hawk County, Iowa, platted as Aerostat Heights; and WHEREAS, the City Council has determined the City Limits Urban Revitalization Area to be an eligible revitalization area; which is defined in Iowa Code § 404.1 as an area that is any of the following: (1) An area in which there is a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, the existence of conditions which endanger life or property by fire and other causes or a combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency or crime, and which is detrimental to the public health, safety, or welfare. (2) An area which by reason of the presence of a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, incompatible land use relationships, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the actual value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or a combination of such factors, substantially impairs of arrests the sound growth of a municipality, retards the provision of housing accommodations or constitutes and economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use. (3) An area in which there is a predominance of buildings or improvements which by reasons of age, history, architecture or significance should be preserved or restored to productive use. (4) An area which is appropriate as an economic development area as defined in Iowa Code § 403.17. (5) An area designated as appropriate for public improvements related to housing and residential development, or construction of housing and residential development, including single or multifamily housing; and WHEREAS, the City has determined that the rehabilitation, conservation, redevelopment, Resolution No. 2011 - Page 5 economic development, or a combination thereof, of the area is necessary in the interest of the public health, safety, or welfare of the residents of the city. NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the proposed City Limits Urban Revitalization Area as legally described above is an area designated as appropriate for public improvements related to housing and residential development, or construction of housing and residential development, including single or multifamily housing; that such area is eligible for designation as an urban revitalization area and otherwise meets all requisites under the provisions of Chapter 404 of the Code of Iowa, and that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of such area is necessary in the interest of the public health, safety or welfare of the residents of this City. PASSED AND APPROVED this day of 2011. Ernest G. Clark, Mayor AVIbST: Suzy Schares, City Clerk CERTIFICATE STATE OF IOWA ) SS COUNTY OF BLACK HAWK I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of 2011. SEAL Suzy Schares, City Clerk ORDINANCE NO. AN ORDINANCE ESTABLISHING THE BOUNDARIES OF A CITY LIMITS URBAN REVITALIZATION AREA IN THE CITY OF WATERLOO. WHEREAS, General Assembly of the State of Iowa did adopt the Urban Revitalization Act known as Chapter 404 of the Iowa Code which relates to property tax exemptions for property on which improvements have been made in a revitalization area of the city and authorizing cities to issue revenue bonds for revitalization and urban areas; and WHEREAS, it is desirable and in the interest for the public, health, safety, and welfare of the residents of the City of Waterloo that the City of Waterloo (herein called the "City") undertake and carry out a city-wide Urban Revitalization Area, excluding the tracts of land situated in the previously established Consolidated Urban Revitalization Area. WHEREAS, there has been prepared and referred to the City Council for review and approval a City Limits Urban Revitalization Area (hereafter, "CLURA") Plan prepared in accordance with Chapter 404 of the Iowa Code; and WHEREAS, the members of the City Council have general knowledge of the conditions prevailing in the revitalization area; and WHEREAS, the City Council has adopted Resolution No. 2011- finding that the rehabilitation, conservation, redevelopment, development, or a combination thereof, of the area is necessary in the interest of the public health, safety, or welfare of the residents of the City and that the revitalization area meets the criteria of Section 404.1 of the Iowa Code; and WHEREAS, the City has scheduled a public hearing and notified all owners of record of real property located within the proposed area, and the tenants living within the proposed area in accordance with Section 404.2(3) of the Iowa Code. The City has also sent notice by ordinary mail to the "occupants" of addresses located within the proposed area, such notices having been given by the thirtieth day prior to the public hearing in accordance with the provisions of Section 404.2 of the Iowa Code; and WHEREAS, the public hearing has been held on the 18th day of July, 2008; and WHEREAS, a second public hearing is not required in accordance with Section 404.2(5) of the Iowa Code. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. The CLURA Plan is hereby adopted and a copy of said plan shall remain on filed in the office of the City Clerk of the City of Waterloo, Iowa. Section 2. There is hereby designated as a revitalization area the following described real estate located in the City of Waterloo, Black Hawk County, Iowa: All areas within the corporate limits of the City of Waterloo, Black Hawk County, Iowa, excluding the following described real estate: Beginning at a Point on the East line of Section 31 Township 89 Range 12 where the East line of said Section 31 intersects the Northeasterly line of the Cedar River; thence South along the East line of said Section 31 to its intersection with the Southwesterly line of the Cedar River; thence Southeasterly, Southerly, and Southwesterly following said Southwesterly line of the Cedar River to its intersection with the South line of Section 31 Township 89 Range 12; thence West along the South line of said Section 31 to the Southwest corner of said Section 31; thence West along the South line of Section 36 Township 89 Range 13 to the point of intersection with the East line of Lot 32 Garden Addition extended Southerly; thence North along the Southerly extension of the East line of Lot 32 Garden Addition, the East line of Lot 32 Garden Addition, and the extension Northerly of the East line of Lot 32 Garden Addition to the point of intersection with the centerline of Plymouth Avenue; thence West along the centerline of Plymouth Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the centerline of Lorraine Avenue; thence West along the centerline of Lorraine Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the south line of Hawthorne Avenue; thence West along the South line of Hawthorne Avenue to the Easterly line of Kimball Avenue; thence North along the East line of Kimball Avenue to the North line of Reber Avenue; thence West along the North line of Reber Avenue and its extension Westerly to the Northwesterly line of the Sergeant Road Bike Trail (formerly the Chicago & Northwestern Transit Co.); thence Northeasterly along the last described line to the Westerly line of Fletcher Avenue; thence North along the West line of Fletcher Avenue to the South line of Black Hawk Road; thence Southwesterly and Westerly along the South line of Black Hawk Road to its intersection with the centerline of Ansborough Avenue, said centerline also being the East line of Section 28 Township 89 Range 13; thence North along the East line of said Section 28 to its intersection with the Easterly extension of the North line of Lot 19 Block 32 Downing Place; thence West along said Easterly extension of the North line of Lot 19 Block 32, and the North line of Lot 19 Block 32 said addition, and the Westerly extension of said line to the intersection with the East line of Lot 9 Kearns Addition; thence North along the East line of Lot 9 said addition to the Northeast corner of said Lot 9; thence Westerly and Northwesterly along the platted Northerly lines and arcs of Lots 9, 10, 11, 12, 13, 14, and 15 of Kearns Addition to the Northwest comer of Lot 15 said addition; thence Northwesterly in a straight line to the Northeast corner of Lot 26 Kearns Addition; thence Northwesterly following the Northerly lines (arcs) of Lots 26 and 27 Kearns Addition to the Northwest corner of Lot 27 said addition; thence Northwesterly in a straight line to the Northeast corner of Lot 41 said addition; thence Southwesterly following the Easterly lines (arcs) of Lots 41, 40, and 39 Kearns Addition to the Southeasterly corner of Lot 39 said addition; thence Westerly along the Southerly line of said Lot 39 to the Southwest corner of' said lot; thence Northeasterly along the Easterly lines of Lots 56 & 55 said addition to the most Easterly corner of Lot 55 said addition; thence Northwesterly along the North lines (arcs) of Lots 55, 54, 53, 52, 51, 50, 49, 48, and 47 said addition, and the extension Northwesterly of the Northeasterly line (arc) of said Lot 47 to its intersection with the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue to the centerline of Linbud Lane; thence North along the centerline of Linbud Lane to the centerline of Alabar Avenue; thence Northwesterly along the centerline of Alabar Avenue to the centerline of Littlefield Road; thence Southerly along the centerline of Littlefield Road to the centerline of Flower Street; thence Northwesterly along the centerline of Flower Street, to the centerline of Sheerer Avenue; thence Northerly along the centerline of Sheerer Avenue to the centerline of Flower Street; thence West along the centerline of Flower Street to the point of intersection with the Northerly extension of the West line of Lot 1 Alabar Hills Second Addition; thence South on said extension of the West line of Lot 1 said addition, and the West line of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 said addition to the Southwest comer of Lot 13 Alabar Hills Second Addition; thence South on a continuation of the last described course to the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue as originally platted to its intersection with the South line of Section 21 Township 89 Range 13; thence West along the South line of said Section 21 to the Southwest corner of said Section 21; thence West along the South line of Section 20 Township 89 Range 13 to its intersection with the centerline of Progress Avenue; thence North along the centerline of Progress Avenue to the point of intersection with the centerline of Crossway Drive; thence Westerly along the centerline of Crossway Drive, and an extension thereof, to the Westerly line of Midway Drive, (said point of intersection also currently a point on the Westerly Corporate Limits of the City of Waterloo); thence North following the current Westerly corporate limits of the City of Waterloo to a point on the centerline of Midway Drive where the North line of Lot W-3 Cedarloo Park, if extended Westerly, would intersect said centerline; thence East along said extension of the North line of said Lot W-3, and the North line of said Lot W-3, to the West line of Lot 21 Acorn Addition; thence South along the West line of Lot 21 Acorn Addition to the Southwest corner of said lot; thence Easterly along the South line of' Acorn Addition to the Southeast corner of Lot 1 said addition; thence continuing along an extension of the last described course to its intersection with the centerline of Progress Avenue; thence South along the centerline of Progress Avenue to the point where the South line of Lot W-116 Cedarloo Park, if extended Westerly, would intersect said line; thence Easterly along the extension of the South line of Lot W-116 said addition, and the South line of Lot W-116 said addition to the Southeast corner of Lot W-116 said addition; thence South along the East line of Lot W-115 Cedarloo Park to the South line of Tract D of Pine Meadows Addition; thence East along said South line to the West line of Forest Hill Subdivision; thence South along the West line of Lots 10, 11, 12, 13, 14, 15, 16 & 17 said addition to the Southwest corner of Lot 17 said addition; thence Southeast along the Southerly line of Lot 17, and the extension thereof, to its intersection with the centerline of S. Hackett Road; thence North along the centerline of S. Hackett Road to the centerline of Maynard Avenue; thence East along the centerline of Maynard Avenue to its intersection with the extension Northerly of the West line of Paul's Replat of a Part of Lawless Addition; thence South along the Northerly extension of the West line of Paul's Replat of a Part of Lawless Addition, and along the West line of said addition to the North line of Tract A said addition; thence East along said North line to its intersection with the West line of H. Ray Hughes Addition; thence South along the West line of said addition to the centerline of Coachman Drive (said centerline also being a point on the West line of Tract B said addition); thence East along the centerline of Coachman Drive (296 feet more or less) to its intersection with the centerline of Carriage Hill Drive; thence South and Southeasterly along the centerline of Carriage Hill Drive to the centerline of Stephan Avenue; thence South along the centerline of Stephan Avenue to the point where it would intersect the Westerly extension of the North line of Lot 45 Hansen Noble Addition; thence East along said Westerly extension of the North line of said Lot 45, and the North line of Lot 45 said addition to the Northwest comer of Lot 24 Hansen Noble Addition; thence South along the West line of Lots 24 and 23 said addition to the South line of' Lot 23 said addition; thence East along the South line of Lot 23 said addition to the West line of Hanna Boulevard; thence Easterly in a straight line to a point on the East line of Hanna Boulevard that is 5.2 feet normally distant Southerly from the North line of Lot I said addition; thence Easterly along a line that is 5.2 feet normally distant Southerly of the North line of Lot 1 said addition to the East line of said Lot 1 Hansen Noble Addition; thence North along the East line of' Lots 1 & 2 said addition to the North line of Lot 16 Block 4 Kreb's Addition; thence East along the North line of said Lot 16 to the Northeast comer of said lot; thence East along a continuation of the last described course to the centerline of Hickory Street; thence North along the centerline of Hickory Street to the point of intersection with the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition; thence East along the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 33 Block 5 said addition to the West line of Maxwell Street; thence Easterly in a straight line to the Southwest corner of' Lot 10 Block 6 Kreb's Addition; thence East along the South line of said Lot 10 Block 6 said addition to the Southeast comer of said lot; thence North along the East line of Lots 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 Block 6 of Kreb's Addition to the Northeast corner of Lot 1 Block 6 said addition; thence West along the North line of said Lot 1 to the Northwest corner of said Lot 1; thence continuing West along an extension of the last described course to the centerline of Maxwell Street; thence North along the centerline of Maxwell Street to the point of intersection of the Westerly extension of the South line of Lot 9 Block 3 Nelson Addition; thence East along said Westerly extension of the South line of Lot 9 Block 3, and the South line of Lots 9 and 10 Block 3 said addition, vacated Brender Street, and Lots 9 and 10 Block 2 said addition to the Southeast corner of Lot 10 Block 2 said addition; thence East on a continuation of the last described course to the centerline of Aladdin Street; thence Northerly along the centerline of Aladdin Street to the point of intersection with the centerline of Upton Avenue; thence West along the centerline of Upton Avenue to the intersection with the centerline of Galloway Court; thence North along the centerline of Galloway Court to the intersection with the centerline of Maynard Avenue (said point also being the point of intersection of the centerlines of Maynard Avenue and Joy Drive); thence Northerly and Northwesterly along the centerline of Joy Drive to the point of intersection with the extension Southerly of the East line of Lot 7 Block 1 of Clyde Miller Heights; thence North along the Southerly extension of the East line of Lot 7 Block 1 said addition and the East line of Lot 7 Block 1 said addition to the Northeast corner of said lot; thence Northeasterly along the Southeasterly line of Lot 3 Auditor's Whitney Road Plat to a point that is 89.2 feet Northeasterly of the Southwesterly line of Lot 3 said addition; thence Northwesterly along a line that is 89.2 feet Northeasterly of and parallel to the Southwesterly line of said Lot 3 to its intersection with the most Westerly line of said lot, said point also being a point on the most Easterly line of Lot 2 Block 1 of Clyde Miller Heights; thence Northeasterly along the most Easterly line of said Lot 2 to the Northeast comer of said lot; thence Northwesterly along the most Northerly line said Lot 2 to the Northwest corner of said lot, also being a point on the East line of Hanna Boulevard; thence North along the West line of Lot 1 Blockl Clyde Miller Heights, and an extension thereof to the North line of Rainbow Drive; thence Northwesterly along the Northerly line of Rainbow Drive to the Southeast corner of Lot 10 of Auditor's Whitney Road Plat; thence North to the Northeast corner of said Lot 10; thence Northwesterly along the Northerly line (curve) of Lots 10 and 11 of said addition to the point of intersection with the extension Southerly of the West line of Lot 12 Auditor's Whitney Road Plat; thence North along the Southerly extension of the West line of Lot 12 Auditor's Whitney Road Plat, and the West line of Lot 12 Auditor's Whitney Road Plat to the Northwest corner of said Lot 12; thence East and Southeasterly following the Northerly line of said Lot 12 to the Northwest comer of Lot 4 Sherwood Park; thence Southeasterly along the Northerly line of Lots 4, 3, 2, and 1 of Sherwood Park to the Northeast corner of said Lot 1 Sherwood Park; thence North in a straight line to the Southeast corner of Lot 5 Sherwood Park; thence Easterly in a straight line to the Southwest corner of Lot 25 California Subdivision; thence Southeasterly following the South line of Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, and 45 said addition to the Southeast corner of Lot 45 said addition; thence Southeasterly in a straight line to the most Westerly corner of Lot 1 Massey Pullman Diner Plat; thence Southeasterly to the Southeast corner of Lot 2 Massey Pullman Diner Plat; thence Southeasterly on an extension of the last described course to its intersection with the centerline of Relocated Ansborough Avenue; thence Northeasterly and Easterly along the centerline of Relocated Ansborough Avenue to the Centerline of Relocated West Conger Street; thence Northeasterly along said Centerline of Relocated West Conger Street across the Cedar River Bypass to the Southwesterly line of the main channel of the Cedar River; thence Northeasterly to the intersection of the centerline of Relocated Conger Street and the Northeasterly line of the main channel of the Cedar River; thence Northerly along said Northeasterly line of the Cedar River to the point where the centerline of West Parker Street, if extended Westerly, would intersect said Northeasterly line; thence Easterly along said extension of West Parker Street and the Centerline of West Parker Street to the centerline of Cedar Bend Street; thence following the centerline of Cedar Bend Street, as now established, Northwesterly and Northerly to the centerline of W. Donald Street, said point also being a point on the South line of Section 10 Township 89 Range 13; thence West along the South line of said Section to the Southwest corner of said Section; thence North along the West line said Section to the North line of the South one-half of said Section; thence East along said North line of the South one-half of Section 10 Township 89 Range 13 to the East line of said Section; thence East along the North line of the South one-half of Section 11 Township 89 Range 13 to the Southwest corner of the Southeast quarter of the Northeast quarter of Section 11 Township 89 Range 13; thence North along the West line of said Southeast quarter of the Northeast quarter to the Northwest corner of said Southeast quarter of the Northeast quarter; thence East along the North line of said Southeast quarter of the Northeast quarter to the East line of Section 11 Township 89 Range 13, which point is the Centerline of U.S. Highway 63 (also known as Logan Avenue); thence South along the Centerline of Logan Avenue to the Centerline of Ralston Road; thence East along the Centerline of Ralston Road and an extension thereof to its intersection with the West line of Virden Creek; thence Southerly and Southwesterly along the Westerly line of Virden Creek to the Centerline of the tracks of the Chicago Central and Pacific Railroad Line; thence Easterly and Southerly along the Centerline of the Chicago Central and Pacific tracks to a line six hundred and sixty feet (660') North of and parallel to the South line of Section 13 Township 89 Range 13; thence East along said line to the East line of said Section; thence continuing Easterly along a line six hundred and sixty feet (660') North of and parallel with the South line of Section 18 Township 89 Range 12 to the East line of said Section; thence South along the East line of said Section to the Northeast corner of Section 19 Township 89 Range 12; thence South along the East line of said Section to the centerline of Independence Avenue; thence East along the centerline of Independence Avenue to the West line of Skyview Road; thence South along the West line of Skyview Road to the North line of Osage Avenue (formerly Osage Road); thence West along the North line of Osage Avenue to the West line of North Evans Road; thence South along the West line of North Evans Road to the Southwesterly line of the Chicago Central & Pacific Railroad Right - of -Way, said Point also being a point on the City Limit line of the Corporate Limits of Waterloo, Iowa, as currently established; thence Northwesterly and Southerly following the City Limit line as currently established to the point where it intersects the Northeasterly line of the Cedar River; thence Northwesterly along the Northeasterly line of the Cedar River to the point of Beginning; all in the City of Waterloo, Black Hawk County, Iowa; and also excluding, All that part of Section 2, Township 89, Range 13, in the City of Waterloo, Black Hawk County, Iowa, platted as Aerostat Heights. Section 3: All benefits conferred by the CLURA Plan shall be granted retroactively to July 18, 2011, as further limited or conditioned by said Plan. Section 4: All ordinances or parts of ordinances in conflict herewith, including Ordinance No. 5068 adopted on August 22, 2011, shall be and the same are hereby repealed. Section 5: It is the intention of the City Council that each section, paragraph, sentence, clause and provision of this ordinance is separable; and if any provision is held unconstitutional or invalid for any reason, such decision shall not affect the remainder of this ordinance, nor any part hereof other than that affected by such decision. INTRODUCED: , 2011 PASSED FIRST CONSDIERATION: , 2011 PASSED SECOND CONSIDERATION: , 2011 PASSED THIRD CONSIDERATION: , 2011 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa on the day of , 2011, and approved by the Mayor on the day of , 2011. ATTEST: Suzy Schares, City Clerk Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. , as passed and adopted by the Council of the City of Waterloo, Iowa, on the day of , 2011. Witness my hand and seal of office this day of , 2011. SEAL Suzy Schares, City Clerk City Limits Urban Revitalization Area City of Waterloo, IA Prepared by Community Planning and Development Department December 2011 City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 MAYOR Buck Clark CITY COUNCIL Bob Greenwood, At -Large Steve Schmitt, At -Large David Jones, First Ward Carolyn Cole, Second Ward Harold Getty, Third Ward Quentin Hart, Fourth Ward Ron Welper, Fifth Ward PLANNING, PROGRAMMING AND ZONING COMMISSION Reggie Schmitt, Chairman Dustin Cox Eric Johnson Dave Leonart Jesse Loveless Tom Powers Lynn Tackett Dustin Whitehead Mike Young PLANNING, PROGRAMMING AND ZONING STAFF Noel Anderson, Director of Community Planning and Development Aric Schroeder, City Planner Chris Western, Planner II Shane Graham, Planner II Tim Andera, Associate Planner Adam Poll, Associate Planner Pattie Magee, Secretary TABLE OF CONTENTS I. INTRODUCTION 1 II. THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA) 2 A. Analysis 2 B. The Waterloo Public Assistance Programs 2 III. CLURA PLAN OBJECTIVES 3 IV. THE PLAN 3 A. Legal Description and Map of Existing Parcels of Real Estate 4 B. Taxable Value 8 C. Existing Land Use Survey 9 D. Zoning and Future Land Use 9 E. Property Owners and Property Valuations 9 E. Public Service and Facility Improvements 9 G. Relocations 9 H. The Tax Exemption 9 I. Tax Exemption Schedule 10 J. Federal, State and Private Funding Programs 11 V. PLAN ADMINISTRATION 13 A. Application Procedures 13 B. City Council and City Assessor Review 14 C. City Assistance to the Applicant 14 D. Plan Termination 14 ii LIST OF FIGURES Figure 1. CLURA Boundary Map With Existing Parcels of Real Estate 15 Figure 2. CLURA Boundary Map With Zoning Districts 16 Figure 3. CLURA Boundary Map With Future Land Use Designations 17 LIST OF TABLES Table 1 Property Owners and Property Valuations 18 iii INTRODUCTION The Urban Revitalization Act which was passed into law by Governor Robert Ray on May 10, 1979, provides the City's governing body with an additional tool to rebuild the economic and sociologic structure of distressed districts within the community. There are two primary goals which are inherently embedded into this Act. 1. To protect the health, safety, and welfare of the inhabitants of degraded districts in the community. This is accomplished by encouraging the rehabilitation of the area's physical environment. Thus, providing a more aesthetically desirable atmosphere in which to live, work, and shop. 2. To benefit the community by bolstering an otherwise declining tax base. To obtain these goals, private investment is encouraged via the issuance of property tax abatements (i.e., exemptions). Property owners who significantly improve a parcel of land within a designated Urban Revitalization Area may be eligible to receive a total or partial property tax exemption on the increased valuation of the property. The City Council may designate an area as an Urban Revitalization Area if it meets at least one of the following criteria. 1. The area possesses a predominance of buildings or improvements, whether residential or nonresidential, which by reason of dilapidation, deterioration, obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density or population and overcrowding, the existence of conditions which endanger life or property by fire and other causes or a combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and which is detrimental to the public health, safety or welfare. 2. The area possesses a substantial number of deteriorated or deteriorating structures, predominance of defective or inadequate street layout, incompatible land use relationships, faulty lot layout in relation to size, adequacy, accessibility or usefulness, unsanitary or unsafe conditions, deterioration of site or other improvements, diversity of ownership, tax or special assessment delinquency exceeding the actual value of the land, defective or unusual conditions of title, or the existence of conditions which endanger life or property by fire and other causes, or a combination of such factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations or constitutes an economic or social liability and is a menace to the public health, safety, or welfare in its present condition and use. 3. The area possesses a predominance of buildings or improvements which by reason of age, history, architecture or significance should be preserved or restored to productive use. 4. An area which is appropriate as an economic development area, as defined in Section 403.17 of the Code of Iowa: "An area of a municipality designated by the local governing body as appropriate for commercial and industrial enterprises, public improvements related to housing and residential development, or construction of housing and residential development for low and moderate income families, including single or multifamily housing." 5. An area designated as appropriate for public improvements related to housing and residential development, or construction of housing and residential development, including single or multifamily housing. II. THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA) A. Analysis This plan was developed in preparation for the designation of an Urban Revitalization Area, herein to be referred to as the City Limits Urban Revitalization Area ("CLURA") and legally described in Part IV, Section A of this Plan and illustrated in Figure 1. The CLURA consists of approximately 55.55 square miles of property citywide. This plan excludes all of' the former Consolidated Urban Revitalization Area ("CURA") (Appendix A), with the CLURA beginning at the outer boundaries of the CURA and extending outward from that boundary to the city limits in all directions. The improvement of this area is a high priority for the City for two primary reasons: (1) The City of Waterloo continues to see a declining trend in new one and two family residence construction and in new subdivision development, which results in a declining tax base for operations of the city government. (2) Normal market conditions have led to these declining numbers, and do not appear sufficient to encourage new residential development and expansion. B. The Waterloo Public Assistance Programs The spatial distribution of other state and federal programs was investigated to determine the most logical boundaries for the establishment of this urban revitalization district. The following programs were included in this analysis: Urban Renewal o A federal program which provided funds for the redevelopment of blighted areas. Urban Revitalization o The state program adopted locally which offers tax abatements for rehabilitation and new construction. Neighborhood Strategy Areas (NSA's) ❑ Areas the City has targeted as residential districts in need of assistance and which qualify for Community Development Block Grant Funds. Enterprise Zone ❑ The state program adopted locally which offers tax credits and a refund on state sales tax for residential development 2 III. CLURA PLAN OBJECTIVES The main concept of this plan is to overcome the physical ills of the CLURA areaby fostering new construction projects and activities consistent with the overall needs of the community and the City as a whole. The following objectives are naturally derived from the preceding description of CLURA: 1. The new construction of one and two family homes, as defined in Section IV(G) below, within the area, thus producing a physical environment which promotes the health, safety, and welfare of the CLURA inhabitants in addition to furthering job creation. 2. To encourage new residential activity in the City as a whole, working to offer new opportunities for new construction in the CLURA and hopefully bringing forth new activity within the CURA as well. This, in turn, will result in significant spillover effects benefiting all sectors of the community. It is the goal of the CLURA to improve the City of Waterloo's image. 3. To facilitate the most expedient and practical use of the City's land and services, thereby preserving tax dollars and open spaces. 4. To develop vacant and underdeveloped land and, as a result, strengthen the tax base of the community. This objective is in compliance with the City of Waterloo's Comprehensive Plan and Future Land Use Map. 5. To provide employment by stimulating the construction industry and encouraging commercial activity. IV. THE PLAN To ensure that the CLURA complies with the designation requirements outlined in the Urban Revitalization Act (Iowa Code § 404.1) and that the City would benefit from said designation, City's Planning and Zoning staff reviewed statistics of the number of homes built in the past ten years, as compiled by tracking various permits filed with the City's Building Department. The statistics, as shown below, show a decline in the number of one and two family homes built over that time frame. Number of single family homes and condos built per year: 2001: 103 2002: 95 2003: 118 2004: 137 2005: 129 2006: 109 2007: 86 2008: 82 2009: 70 2010: 68 2011: 57 Furthermore, Waterloo is the largest urban area within Black Hawk County. Waterloo represents approximately 54.4% of the population of Black Hawk County, but only sees about 20% of the construction growth for new one and two family homes. The City of Waterloo also lost population in the 2010 Census Count, whereas other communities in Black Hawk County all 3 gained population. This is a very serious downward trend that is damaging to the community growth and well-being. A. Legal Description All areas within the corporate limits of the City of Waterloo, Black Hawk County, Iowa, excluding the following described real estate: Beginning at a Point on the East line of Section 31 Township 89 Range 12 where the East line of said Section 31 intersects the Northeasterly line of the Cedar River; thence South along the East line of said Section 31 to its intersection with the Southwesterly line of the Cedar River; thence Southeasterly, Southerly, and Southwesterly following said Southwesterly line of the Cedar River to its intersection with the South line of Section 31 Township 89 Range 12; thence West along the South line of said Section 31 to the Southwest corner of said Section 31; thence West along the South line of Section 36 Township 89 Range 13 to the point of intersection with the East line of Lot 32 Garden Addition extended Southerly; thence North along the Southerly extension of the East line of Lot 32 Garden Addition, the East line of Lot 32 Garden Addition, and the extension Northerly of the East line of Lot 32 Garden Addition to the point of intersection with the centerline of Plymouth Avenue; thence West along the centerline of Plymouth Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the centerline of Lorraine Avenue; thence West along the centerline of Lorraine Avenue to the centerline of Wisconsin Street; thence North along the centerline of Wisconsin Street to the south line of Hawthorne Avenue; thence West along the South line of Hawthorne Avenue to the Easterly line of Kimball Avenue; thence North along the East line of Kimball Avenue to the North line of Reber Avenue; thence West along the North line of Reber Avenue and its extension Westerly to the Northwesterly line of the Sergeant Road Bike Trail (formerly the Chicago & Northwestern Transit Co.); thence Northeasterly along the last described line to the Westerly line of Fletcher Avenue; thence North along the West line of Fletcher Avenue to the South line of Black Hawk Road; thence Southwesterly and Westerly along the South line of Black Hawk Road to its intersection with the centerline of Ansborough Avenue, said centerline also being the East line of Section 28 Township 89 Range 13; thence North along the East line of said Section 28 to its intersection with the Easterly extension of the North line of Lot 19 Block 32 Downing Place; thence West along said Easterly extension of the North line of Lot 19 Block 32, and the North line of Lot 19 Block 32 said addition, and the Westerly extension of said line to the intersection with the East line of Lot 9 Kearns Addition; thence North along the East line of Lot 9 said addition to the Northeast comer of said Lot 9; thence Westerly and Northwesterly along the platted Northerly lines and arcs of Lots 9, 10, 11, 12, 13, 14, and 15 of Kearns Addition to the Northwest comer of Lot 15 said addition; thence Northwesterly in a straight line to the Northeast comer of Lot 26 Kearns Addition; thence Northwesterly following the Northerly lines (arcs) of Lots 26 and 27 Kearns Addition to the Northwest corner of Lot 27 said addition; thence Northwesterly in a straight line to the Northeast corner of Lot 41 said addition; thence Southwesterly following the Easterly lines (arcs) of Lots 41, 40, and 39 Kearns Addition to the Southeasterly 4 corner of Lot 39 said addition; thence Westerly along the Southerly line of said Lot 39 to the Southwest corner of said lot; thence Northeasterly along the Easterly lines of Lots 56 & 55 said addition to the most Easterly corner of Lot 55 said addition; thence Northwesterly along the North lines (arcs) of Lots 55, 54, 53, 52, 51, 50, 49, 48, and 47 said addition, and the extension Northwesterly of the Northeasterly line (arc) of said Lot 47 to its intersection with the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue to the centerline of Linbud Lane; thence North along the centerline of Linbud Lane to the centerline of Alabar Avenue; thence Northwesterly along the centerline of Alabar Avenue to the centerline of Littlefield Road; thence Southerly along the centerline of Littlefield Road to the centerline of Flower Street; thence Northwesterly along the centerline of Flower Street, to the centerline of Sheerer Avenue; thence Northerly along the centerline of Sheerer Avenue to the centerline of Flower Street; thence West along the centerline of Flower Street to the point of intersection with the Northerly extension of the West line of Lot 1 Alabar Hills Second Addition; thence South on said extension of the West line of Lot 1 said addition, and the West line of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, and 13 said addition to the Southwest corner of Lot 13 Alabar Hills Second Addition; thence South on a continuation of the last described course to the centerline of Sager Avenue; thence Westerly along the centerline of Sager Avenue as originally platted to its intersection with the South line of Section 21 Township 89 Range 13; thence West along the South line of said Section 21 to the Southwest corner of said Section 21; thence West along the South line of Section 20 Township 89 Range 13 to its intersection with the centerline of Progress Avenue; thence North along the centerline of Progress Avenue to the point of intersection with the centerline of Crossway Drive; thence Westerly along the centerline of Crossway Drive, and an extension thereof, to the Westerly line of Midway Drive, (said point of intersection also currently a point on the Westerly Corporate Limits of the City of Waterloo); thence North following the current Westerly corporate limits of the City of Waterloo to a point on the centerline of Midway Drive where the North line of Lot W-3 Cedarloo Park, if extended Westerly, would intersect said centerline; thence East along said extension of the North line of said Lot W-3, and the North line of said Lot W-3, to the West line of Lot 21 Acorn Addition; thence South along the West line of Lot 21 Acorn Addition to the Southwest comer of said lot; thence Easterly along the South line of Acorn Addition to the Southeast corner of Lot 1 said addition; thence continuing along an extension of the last described course to its intersection with the centerline of Progress Avenue; thence South along the centerline of Progress Avenue to the point where the South line of Lot W-116 Cedarloo Park, if extended Westerly, would intersect said line; thence Easterly along the extension of the South line of Lot W-116 said addition, and the South line of Lot W-116 said addition to the Southeast corner of Lot W-116 said addition; thence South along the East line of Lot W-115 Cedarloo Park to the South line of Tract D of Pine Meadows Addition; thence East along said South line to the West line of Forest Hill Subdivision; thence South along the West line of Lots 10, 11, 12, 13, 14, 15, 16 & 17 said addition to the Southwest corner of Lot 17 said addition; thence Southeast along the Southerly line of Lot 17, and the extension thereof, to its intersection with the centerline of S. Hackett Road; thence North along the centerline of S. Hackett Road to the centerline of Maynard Avenue; thence East along the centerline of Maynard Avenue to its intersection with the extension Northerly of the West line of Paul's Replat of a Part of Lawless Addition; thence South along the Northerly 5 extension of the West line of Paul's Replat of a Part of Lawless Addition, and along the West line of said addition to the North line of Tract A said addition; thence East along said North line to its intersection with the West line of H. Ray Hughes Addition; thence South along the West line of said addition to the centerline of Coachman Drive (said centerline also being a point on the West line of Tract B said addition); thence East along the centerline of Coachman Drive (296 feet more or less) to its intersection with the centerline of Carriage Hill Drive; thence South and Southeasterly along the centerline of Carriage Hill Drive to the centerline of Stephan Avenue; thence South along the centerline of Stephan Avenue to the point where it would intersect the Westerly extension of the North line of Lot 45 Hansen Noble Addition; thence East along said Westerly extension of the North line of said Lot 45, and the North line of Lot 45 said addition to the Northwest corner of Lot 24 Hansen Noble Addition; thence South along the West line of Lots 24 and 23 said addition to the South line of Lot 23 said addition; thence East along the South line of Lot 23 said addition to the West line of Hanna Boulevard; thence Easterly in a straight line to a point on the East line of Hanna Boulevard that is 5.2 feet normally distant Southerly from the North line of Lot 1 said addition; thence Easterly along a line that is 5.2 feet normally distant Southerly of the North line of Lot 1 said addition to the East line of said Lot 1 Hansen Noble Addition; thence North along the East line of Lots 1 & 2 said addition to the North line of Lot 16 Block 4 Kreb's Addition; thence East along the North line of said Lot 16 to the Northeast corner of said lot; thence East along a continuation of the Last described course to the centerline of Hickory Street; thence North along the centerline of Hickory Street to the point of intersection with the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition; thence East along the extension Westerly of the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 14 Block 5 Kreb's Addition, and the South line of Lot 33 Block 5 said addition to the West line of Maxwell Street; thence Easterly in a straight line to the Southwest corner of Lot 10 Block 6 Kreb's Addition; thence East along the South line of said Lot 10 Block 6 said addition to the Southeast comer of said lot; thence North along the East line of Lots 10, 9, 8, 7, 6, 5, 4, 3, 2, and 1 Block 6 of Kreb's Addition to the Northeast comer of Lot 1 Block 6 said addition; thence West along the North line of said Lot 1 to the Northwest comer of said Lot 1; thence continuing West along an extension of the last described course to the centerline of Maxwell Street; thence North along the centerline of Maxwell Street to the point of intersection of the Westerly extension of the South line of Lot 9 Block 3 Nelson Addition; thence East along said Westerly extension of the South line of Lot 9 Block 3, and the South line of Lots 9 and 10 Block 3 said addition, vacated Brender Street, and Lots 9 and 10 Block 2 said addition to the Southeast comer of Lot 10 Block 2 said addition; thence East on a continuation of the last described course to the centerline of Aladdin Street; thence Northerly along the centerline of Aladdin Street to the point of intersection with the centerline of Upton Avenue; thence West along the centerline of Upton Avenue to the intersection with the centerline of Galloway Court; thence North along the centerline of Galloway Court to the intersection with the centerline of Maynard Avenue (said point also being the point of intersection of the centerlines of Maynard Avenue and Joy Drive); thence Northerly and Northwesterly along the centerline of Joy Drive to the point of intersection with the extension Southerly of the East line of Lot 7 Block 1 of Clyde Miller Heights; thence North along the Southerly extension of the East line of Lot 7 Block 1 said addition and the East line of Lot 7 Block 1 said addition to the Northeast comer of said lot; 6 thence Northeasterly along the Southeasterly line of Lot 3 Auditor's Whitney Road Plat to a point that is 89.2 feet Northeasterly of the Southwesterly line of Lot 3 said addition; thence Northwesterly along a line that is 89.2 feet Northeasterly of and parallel to the Southwesterly line of said Lot 3 to its intersection with the most Westerly line of said lot, said point also being a point on the most Easterly line of Lot 2 Block 1 of Clyde Miller Heights; thence Northeasterly along the most Easterly line of said Lot 2 to the Northeast corner of said lot; thence Northwesterly along the most Northerly line said Lot 2 to the Northwest corner of said lot, also being a point on the East line of Hanna Boulevard; thence North along the West line of Lot 1 Blockl Clyde Miller Heights, and an extension thereof to the North line of Rainbow Drive; thence Northwesterly along the Northerly line of Rainbow Drive to the Southeast comer of Lot 10 of Auditor's Whitney Road Plat; thence North to the Northeast comer of said Lot 10; thence Northwesterly along the Northerly line (curve) of Lots 10 and 11 of said addition to the point of intersection with the extension Southerly of the West line of Lot 12 Auditor's Whitney Road Plat; thence North along the Southerly extension of the West line of Lot 12 Auditor's Whitney Road Plat, and the West line of Lot 12 Auditor's Whitney Road Plat to the Northwest corner of said Lot 12; thence East and Southeasterly following the Northerly line of said Lot 12 to the Northwest corner of Lot 4 Sherwood Park; thence Southeasterly along the Northerly line of Lots 4, 3, 2, and 1 of Sherwood Park to the Northeast corner of said Lot 1 Sherwood Park; thence North in a straight line to the Southeast comer of Lot 5 Sherwood Park; thence Easterly in a straight line to the Southwest corner of Lot 25 California Subdivision; thence Southeasterly following the South line of Lots 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40, 41, 42, 43, 44, and 45 said addition to the Southeast corner of Lot 45 said addition; thence Southeasterly in a straight line to the most Westerly corner of Lot 1 Massey Pullman Diner Plat; thence Southeasterly to the Southeast corner of Lot 2 Massey Pullman Diner Plat; thence Southeasterly on an extension of the last described course to its intersection with the centerline of Relocated Ansborough Avenue; thence Northeasterly and Easterly along the centerline of Relocated Ansborough Avenue to the Centerline of Relocated West Conger Street; thence Northeasterly along said Centerline of Relocated West Conger Street across the Cedar River Bypass to the Southwesterly line of the main channel of the Cedar River; thence Northeasterly to the intersection of the centerline of Relocated Conger Street and the Northeasterly line of the main channel of the Cedar River; thence Northerly along said Northeasterly line of the Cedar River to the point where the centerline of West Parker Street, if extended Westerly, would intersect said Northeasterly line; thence Easterly along said extension of West Parker Street and the Centerline of West Parker Street to the centerline of Cedar Bend Street; thence following the centerline of Cedar Bend Street, as now established, Northwesterly and Northerly to the centerline of W. Donald Street, said point also being a point on the South line of Section 10 Township 89 Range 13; thence West along the South line of said Section to the Southwest corner of said Section; thence North along the West line said Section to the North line of the South one-half of said Section; thence East along said North line of the South one-half of Section 10 Township 89 Range 13 to the East line of said Section; thence East along the North line of the South one-half of Section 11 Township 89 Range 13 to the Southwest corner of the Southeast quarter of the Northeast quarter of Section 11 Township 89 Range 13; thence North along the West line of said Southeast quarter of the Northeast quarter to the Northwest 7 corner of said Southeast quarter of the Northeast quarter; thence East along the North line of said Southeast quarter of the Northeast quarter to the East line of Section 11 Township 89 Range 13, which point is the Centerline of U.S. Highway 63 (also known as Logan Avenue); thence South along the Centerline of Logan Avenue to the Centerline of Ralston Road; thence East along the Centerline of Ralston Road and an extension thereof to its intersection with the West line of Virden Creek; thence Southerly and Southwesterly along the Westerly line of Virden Creek to the Centerline of the tracks of the Chicago Central and Pacific Railroad Line; thence Easterly and Southerly along the Centerline of the Chicago Central and Pacific tracks to a line six hundred and sixty feet (660') North of and parallel to the South line of Section 13 Township 89 Range 13; thence East along said line to the East line of said Section; thence continuing Easterly along a line six hundred and sixty feet (660') North of and parallel with the South line of Section 18 Township 89 Range 12 to the East line of said Section; thence South along the East line of said Section to the Northeast corner of Section 19 Township 89 Range 12; thence South along the East line of said Section to the centerline of Independence Avenue; thence East along the centerline of Independence Avenue to the West line of Skyview Road; thence South along the West line of Skyview Road to the North line of Osage Avenue (formerly Osage Road); thence West along the North line of Osage Avenue to the West line of North Evans Road; thence South along the West line of North Evans Road to the Southwesterly line of the Chicago Central & Pacific Railroad Right -of -Way, said Point also being a point on the City Limit line of the Corporate Limits of Waterloo, Iowa, as currently established; thence Northwesterly and Southerly following the City Limit line as currently established to the point where it intersects the Northeasterly line of the Cedar River; thence Northwesterly along the Northeasterly line of the Cedar River to the point of Beginning; all in the City of Waterloo, Black Hawk County, Iowa; and also, All that part of Section 2 Township 89 Range 13, in the City of Waterloo, Black Hawk County, Iowa, platted as Aerostat Heights. B. Taxable Value The current taxable value for the developed area of the CLURA is estimated at the following amounts for the following classifications. The following figures are totals which account for land and buildings. T.AND RT TIT DING TOTAL Agricultural Commercial Industrial Residential Exempt Total $17,889,530 $10,575,220 $28,464,750 $109,436,710 $453,008,070 $562,444,780 $11,147,770 $95,225,880 $106,373,650 $226,954,600......$1,245,071,490 $1,472,026,090 $55,578,310 $138,981,090 $194,559,400 $421,006,920 $1,942,861,750 $2,363,868,670 8 C. Existing Land Use Survey The property is currently a mix of agricultural, commercial, industrial and residential uses. D. Zoning and Future Land Use The Zoning Map (Figure 2) and Future Land Use Map (Figure 3) help illustrate the proposed uses for this area, and both indicate that this area should have sections for agricultural, sections for industrial, sections for residential, and sections for commercial uses. E. Property Owners and Property Valuations State law requires the City to notify those citizens directly affected by the designation of a Revitalization District. To comply with this mandate, a list of all property owners in the CLURA will be compiled. It is also necessary that each property value and property owner be listed within the plan. Said listing is contained in Appendix "B", attached hereto. F. Public Service and Facility Improvements The governing body of the City influences the quality of the community in two significant ways: first, by initiating capital improvements, such as road and sewer systems, and second, through policy decisions which guide the direction and nature of future land use. Since the CLURA exists in the city limits of the community, all essential public services can be adequately provided by following appropriate land use policies for growth and development. G. Relocations The CLURA Plan is intended to provide private persons and developers with incentives to build new residential construction within the City, and therefore the City does not anticipate any relocations or displacement of persons or businesses as a result of the CLURA. However, to the extent that any relocation or displacement of persons or businesses is necessary, the City shall follow the procedures outlined in the City of Waterloo, Iowa Relocation Checklist, available for viewing at the Office of the City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703S. H. The Tax Exemption Who qualifies? The revitalization incentives under the CLURA Plan are applicable to new construction only done upon on any property located within the CLURA boundaries which is assessed as residential, but not on property assessed as agricultural, commercial or industrial, so long as the revitalization on the qualifying property ("Qualified Real Estate") possesses the following attributes: 9 1. New construction of a one or two family home during the time in which the area was so designated. The definition of a one or two family home, for the purposes of this plan, shall be any single-family dwelling unit or two-family dwelling unit as defined by the City of Waterloo Zoning Ordinance, excluding any structure with more than two physically attached units (including row units and condominium -type units consisting of more than two units). The CLURA was established specifically to encourage the acceleration of one- and two-family freestanding homes, not all types of residential construction. Incentives for any type of construction consisting of more than two physically attached dwelling units shall not be permitted under the CLURA. 2. Improvements may not have been initiated prior to the adoption date of July 18, 2011. 3. The owner of said property must have submitted an application for tax exemption which complies with the procedures and specifications set forth in the section entitled "Application Procedures", found in Part V, subsection A of this Plan. 4. If no structures are located on the property prior to the improvements, any construction of a one or two family home may qualify; except that any new construction on land assessed as agricultural property shall not qualify as "improvements" under this Plan. If structures are located on the property prior to the potentially qualifying improvements, the actual value added by the improvements must be at least ten percent (10%) of the pre -improvement value, as required by section 404.3(8) of the Iowa Code. However, if such construction was begun prior to July 18, 2011, the value added by such construction will not constitute an increase in value for purposes of qualifying for the exemptions provided for in the Plan. "Actual value added by the improvements" as used in this plan means the actual value added as of the first year for which the exemption was received. In cases where improvements are occurring at the time the CLURA is designated, discussion is likely to arise pertaining to how much of this improvement is applicable to the necessary percent increase. In such instances the following policy will govern: Any construction begun prior to the date of adoption of the CLURA ordinance, namely, July 18, 2011, either in part or in whole, shall not qualify for the tax exemptions granted under the program. Tax Exemption Schedule Tax exemption on qualifying improvements must follow one of four schedules as set out by law. Eligible property owners will elect to take one of the four schedules. Once the decision has been made and the exemption granted, the owner cannot change the method of exemption. Exemption schedules are based on the actual value added by improvements, which is defined as the actual value added as of the first year for which the exemption was received. 1. 10 -Year, 115% Exemption ($20,000 limit): Not Applicable to CLURA. 2. 3 -Year, 100% Exemption 10 All Qualified Real Estate is eligible to receive a 3 -year, 100% tax exemption on the actual value added by improvements. 3. 10 -Year, Partial Exemption (80,70,60,50,40,40,30,30,20,20%): Not Applicable to CLURA. 4. 10 -Year, 100% Exemption: Not Applicable to CLURA. J. Federal, State and Private Funding Programs A number of additional assistance programs are available to qualifying residents and/or projects in the City of Waterloo. Some of these programs are available only to eligible applicants and/or property in certain designated areas of the city. It should be noted that the City of Waterloo has no plans to issue revenue bonds to undertake or assist with revitalization projects within the CLURA. 1. The Community Development Block Grant (CDBG) Program is a potential source of funding for projects such as the rehabilitation of owner occupied residential structures which possess up to four dwelling units. The CDBG Program is administered by the Community Development Board for the City of Waterloo and is financed by the Department of Housing and Urban Development (HUD). In the past, the Community Development Board has received approximately $1.8 million in funding per year. 2. The Small Business Administration (SBA) provides various forms of funding to small businesses. In particular, the SBA's 504 Loan Program may provide low- interest, fixed asset financing to qualified businesses. 3. Real Estate Investment Districts (REIDs) are governmental taxing districts which can be created by owners of undeveloped land, with the approval of the City Council. REIDs provide a simple method to allow land owners to develop a governmental entity, which then has similar financing advantages as cities to make public improvements. The district can specially assess the costs of public improvements among all lots in the subdivision with payment of the assessments pledged to the bonds for a period of up to 15 years. 4. The Housing Application Review Team (HART) consists of representatives from the following State of Iowa agencies which fund housing projects: Rural Housing & Community Development Service, Iowa Finance Authority/Housing Assistance Fund, Federal Home Loan Bank/Affordable Housing Program, Iowa Office of HUD, Iowa Department of Economic Development (IDED)/HOME & CDBG. The team reviews a brief application form submitted by potential applicants. This process allows the applicant to have a proposed project informally reviewed by all five funding agencies with just one communication. This program is administered by IDED. 5. The Iowa Housing Fund, or Local Housing Assistance Program (LHAP), administered by IDED, focuses on improving substandard, unaffordable housing 11 stock through housing rehabilitation for rental and owner occupied units, tenant - based assistance, first time home buyer assistance, and new construction. 6. Housing Assistance Fund (HAF) is a flexible program of financial assistance dedicated to a variety of housing projects, programs and activities which contribute to the goal of providing decent, safe and affordable housing for low and moderate income persons. The program is administered by the Iowa Finance Authority. 7. The HOME Investment Partnership Program is designed to provide assistance to eligible recipients for rehabilitation, new construction, home buyer assistance and tenant -based rental assistance in order to achieve an adequate supply of decent, safe and sanitary housing for low to moderately low income households. 8. Existing Multifamily Rental Housing (Section 223(f)) is federal mortgage insurance under Section 207 pursuant to Section 223(f) for the purchase or refinancing of existing apartment projects; to refinance an existing cooperative housing project; or for the purchase and conversion of an existing rental project to cooperative housing. HUD insures mortgages to purchase or refinance existing multifamily projects originally financed with or without federal mortgage insurance. HUD may insure mortgages on existing multifamily projects under this program that do not require substantial rehabilitation. 9. Mortgage Insurance for Single Room Occupancy Projects (Sec. 221(d) & 223(g)) offers mortgage insurance for the new construction and substantial rehabilitation of single room occupancy (SRO) facilities. The insured SRO program is designed to expand the availability of affordable housing for low- and moderate -income persons, thereby helping to prevent homelessness. 10. Multifamily Rental Housing for Moderate -Income Families is federal mortgage insurance to finance rental or cooperative multifamily housing for moderate -income households, including projects designated for the elderly. 11. Supplemental Loans for Multifamily Projects (Section 241) is federal loan insurance which finances improvements, additions and equipment to multifamily rental housing and health care facilities. It provides owners of eligible low- income housing with an adequate return on their investments and the ability to finance the acquisition of eligible low-income housing. HUD insures loans made by private lending institutions to pay for improvements or additions to apartment projects, nursing homes, hospitals, or group practice facilities that already carry HUD -insured or HUD -held mortgages. Projects may also obtain FHA insurance on loans to preserve, expand, or improve housing opportunities, to provide fire and safety equipment, or to finance energy conservation improvements to conventionally financed projects. Major movable equipment for nursing homes, group practice facilities, or hospitals also may be covered by a mortgage under this program. 12. Supportive Housing for Persons with Disabilities (Section 811) provides assistance to expand the supply of housing with supportive services for persons with disabilities. Capital advances are made to eligible nonprofit sponsors to 12 finance the development of rental housing with supportive services for the disabled. The advance is interest free and does not have to be repaid so long as the housing remains available for very low-income persons with disabilities for at Least 40 years. Project rental assistance covers the difference between the HUD - approved operative cost per unit and the amount the resident pays. Nonprofit organizations may qualify for assistance. 13. Supportive Housing for the Elderly (Section 202) provides capital advances to eligible private and nonprofit sponsors to finance the development of rental housing with supportive services for the elderly. The advance is interest free and does not have to be repaid so long as the housing remains available for very low- income elderly persons for at least 40 years. Project rental assistance covers the difference between the HUD -approved operative cost per unit and the amount the resident pays. It does not include an amount for debt service. 14. Waterloo Industrial Development Association has previously worked towards the acquisition of land parcels in the Waterloo area for the future development and assemblage of industrial projects. 15. The Black Hawk County Economic Development Committee, Inc. provides economic development assistance to area businesses through two primary financial assistance programs. a. SBA SO4 I nen Program• The SBA 504 Loan Program assists eligible businesses in the acquisition of fixed assets, for example: land, buildings, machinery and equipment. b. Revolving Loan Fund Program. The Revolving i.oan Fund (RIF) Program is a special loan fund set up to provide "gap financing" to sound businesses or new business start-ups The primary focus of RI F is joh creation and capital expenditures in the manufacturing sector V. PLAN ADMINISTRATION A. Application Procedures The property owner shall submit an application to the City Council. If the proposed project meets the requirements outlined in this plan, the City must by resolution grant its preliminary approval. It should be noted that the tax exemption is not guaranteed until the project is completed and the City Assessor certifies that the project has met the necessary increase in actual value added. The City must receive the application by February lst of the assessment year for which the initial exemption is first claimed. In addition, the application must be filed no later than the year in which all improvements are first assessed for taxation. For each additional improvement submitted by a property owner for tax exemptions, the application procedure must be repeated. If the application is rejected by the City due to non-conformance with this Plan, the property owner may submit an amended proposal. The application shall consist of at least the following information: 1. The nature of the improvement; 2. The cost of the improvement; 13 3. The estimated or actual date of completion. City Council and City Assessor Review The City Council must also submit all approved applications to the City Assessor by March 1st and indicate the applicable tax exemption. The Assessor is to conduct an on-site evaluation of all applications claiming a first year exemption. If the Assessor determines that the actual value of the real estate has increased through new construction as required by this plan, the Assessor must notify the County Auditor of the appropriate valuation per the agreed upon schedule at the time of transmitting the assessment roll. In addition, at this time the property owner must also be informed of the Assessor's determination. If the Assessor certifies that the project is in compliance with the standards set forth in this Plan, the property owner will continue to receive exemptions as indicated on the appropriate schedule. The Assessor, in following years, will perform periodic inspections of those properties receiving exemptions to ensure that the intent of the Act is upheld. C. City Assistance to the Applicant Property owners with questions pertaining to Plan definition or application procedures may receive assistance from the City's Community Planning and Development office. Assistance will relate primarily to the application process and defining eligibility as it relates to the area. All information services will be provided free of charge. D. Plan Termination This Plan shall be effective for a period of three (3) years. After that time, if the City Council believes the Plan shall be further needed, it may extend the timeline for a period of years as it decides. At that time all existing exemption agreements will be honored until their normal expiration date. 14 City of Waterloo CLURA & Existing Real Estate Parcels ■■I,a■■■■■11rn• ■ irmsta lI l■■ minim MOE 1 ii®■■■■Irk t■1: • 1`-:I ■.■■I■ ra ■I1I +mr.�:inigil�'ar1■ilPinr7Y117 P;':11171f� op peitrangrawawrints. Isom alsag impti®® r it Area NOT Included In City Limits Urban Revlllallatlon Area Int„®VI�� Wiwi V� ��J -�■1•�%�■�� sw'i Ira r'11�2` ■�[�'Illll,ml manplItainair k �eliI■I ,+ ■''. \_arae°��.r •111 IIIIIIIII\ .r y a i>� . . /ter r, Mar EffiltriAb Ak SID41111:114P111110411 UlifinkilliVIIIIMIIIIMMILSISI ASII■I■■■■ MIto � ■.■■■■i■■■r te ■rri••�®■■■■■••91• ■ ■1�■■■.1■■�- OCity Limits Urban Revitalization Area/ Waterloo City Limits Mr Existing CURA Boundary (Area NOT Included In CLURA) M -2,P Area NOT Included In City Limits Urban Revitialiation Area R3 /A7pp1r . TT-- �r• �tt lji Il� 1tt 1 PIIII t'Q-*.`ry¢j1�+1 "��}I�i 11111 R-3 R3;R-P -RA;ftP C-P.I R=2 ®City Limits Urban Revitalization Area/ Waterloo City Limits EIExisting CURA Boundary (Area NOT Included In CLURA) El Zoning Boundary City of Waterloo CLURA & Future Land Use Area NOT Included In City Limits Urban Revitialiation Area tori /'I.Lv >£ .ill ' - c ■IBL i {li ' a'Ii/'hair+{{ I r F-• i 111{laa 1•i ►r. .C1 Ilii .swis Mira :_raft Luca '/ clli . _"'moi ._ate ksin llilillll i t_mai;'` -'I �a11111 1Ilii;. i et Nig -//1 Agricultural, Residential Potential Low Density Residenfial mMixed Residential: Low, Medium, High Density Residential; Professional Offices; Neighborhood Commercial ®Mixed Commercial: Medium to High Density Residential; Professional Offices; Compatible Commercial - Commercial ▪ Business Perk: Professional Offices, Commercial; Compatible LigN Industrial ▪ Industrial EsParks, Oaceols, Art Goverrmenl pen SpPaoiiies,s,SchoPubio Areasirpo - Semi -Public, UIliIies, Hospitals, Rairaad OCky Limits Urban Revilafizallon Areal Waledoo City Umis piExisting CURA Boundary (Area NOT Included in CLURA) Table 1: Property Owners and Property Valuations This document is on file in the Office of the City Clerk, 715 Mulberry Street, Waterloo, Iowa 50703. 18 BUCK C:LARIC COUNCIL EMSFRS JONES ROLYN i'; AARi ROLL) GEITY Ward \ EL PEP. 13UR .,LEVE 5C -1MITT OF WATERLOO, W COMMUNITY PLANNING AND DEVELOPMENT i 4 Waterloo, Iowa 50703-5723 (319) i319': 291-1262 CITY OF WATERLOO Council Communication City Council Meeting: May 23, 2011 Prepared: May 20, 2011 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 (-c(r3/go i( �L (frq/ter. Cl ni?„� : ` / &oa'. `i{cxj 2-or‘ErT:OattClit gat SUBJECT: Re -open the hearing to vacate, sell, and convey a portion of San Marnan Drive generally located between Galactic Drive and West 4th Street, west of Ansborough, to Sunnyside South Addition, LLC for the purpose of relocating the roadway for the creation of new residential Tots within the City of Waterloo, for $1.00. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set a date of hearing to vacate, sell, and convey a portion of San Marnan Drive generally located between Galactic Drive and West 4th Street, west of Ansborough, to Sunnyside South Addition, LLC for the purpose of relocating the roadway for the creation of new residential lots within the City of Waterloo, for $1.00 Summary Statement: As you can see from the attached drawing, South Sunnyside Addition, LLC, is proposing to vacate and acquire a portion of the current right-of-way of San Marnan Drive. This would include a good portion of the roadway from Galactic Drive to just before the bridge towards 4th Street. This roadway would be vacated, a new roadway would be built further to the south but still within the existing right-of-way, to create new residential lots on the southerly edge of the Sunnyside Golf Course. At the hearing, a Development Agreement, will require the developer to build that new roadway to city specifications for this area. South Sunnyside Addition, LLC hopes this will be the first phase of many phases to redevelop this entire creating new residential and new business lots for the City of Waterloo. The request meets the Sale of Property Policy as the applicant is working to create new buildable lots out of existing right-of-way, and is paying for the complete relocation of the roadway as a part of the agreement, at no cost to the City of Waterloo. Expenditure Required: NA Source of Funds: NA Policy Issue: Sale of City Property and Economic Development Alternative: Not vacate ClrYV Ei3SITI: w:vw.ci.t-aterluo.ja.u:� \k'E'RE WORKING FOR YOU! Ori Eyn.a1 Opportunity:AHivna:rve Action Emp i,er PROJECT DEVELOPMENT AGREEMENT This Project Development Agreement (the "Agreement") is entered into as of 2011, by and between Sunnyside South Addition, LLC ("Company"), and the City of Waterloo, Iowa, ("City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a relocation of a portion of West San Marnan Drive between Ansborough Avenue and W. 4th Street in connection with development of lots for construction of single- family dwellings (the "Improvements") in the project area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Property and Improvements by Company. Identified on Exhibit "A" hereto is a portion of the existing street right-of-way of West San Marnan Drive (the "Property") on which Company proposes to relocate the existing street generally in accordance with the preliminary design depicted on Exhibit "B" hereto. Following City's vacation of said street right-of-way and conveyance of same to Company, Company shall, at its own cost, remove the existing street, recycle the road materials or properly dispose of them offsite, and construct a new concrete street that meets applicable City and state standard specifications and criteria for a minor arterial street. At all times that the street is not open for general traffic, Company shall erect and maintain suitable signage as per the Manual on Uniform Traffic Control Devices. Construction of the new street shall be completed within ninety (90) days of conveyance, unless extended by mutual agreement of the parties. All of Company's activities in relation to construction of a new street as described herein for purposes of facilitating a residential subdivision development are referred to as the "Project." Company agrees to dedicate the new street and associated right of way to the City upon completion. 2. Covenants of City. a. City agrees to vacate the Property and to convey same to Company by special warranty deed for the price of $1.00. City shall cooperate with Company as to the actual timing of the conveyance. City shall have no duty to provide an abstract of title or otherevidence of title, but Company may procure whatever evidence of title it desires at its own cost; provided, however, that City shall cooperate with any reasonable request by Company, and shall approve and c. It has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement for it and all documents to be delivered to City hereunder is and shall be authorized to do so on its behalf. 5. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company, nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 6. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and Community Planning and Development Director. (b) if to Company, to Sunnyside South Addition, LLC, P.O. Box 447, Hudson, Iowa 50643, Attention: Jeff Stickfort. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iii) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 7. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party of parties to be bound or by its duly authorized representative, and specifying with particularity the extend and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 8. Severability. Each provision, section, sentence, clause, phrase and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof 3 Exhibit "A" Description of Project Area A parcel of land located in the Southwest Quarter and the Southeast Quarter of Section 5, Township 88 North, Range 13 West of the 5th Principal Meridian; and in the Northwest Quarter and the Northeast Quarter of Section 8, Township 88 North, Range 13 West of the 5th Principal Meridian; all in Black Hawk County, Iowa, more particularly described as follows: Commencing at the Southwest corner of the Southwest Quarter of said Section 5; thence N 89°49'35" E 606.20 feet along the South line of said Southwest Quarter and the North right-of- way line of W. San Marnan Drive; thence N 87°38'39" E 654.24 feet along said North right-of- way line to the point of beginning; thence continuing along said right-of-way line N87°38'39" E 1393.71 feet to a point on the East line of said Southwest Quarter; thence N 87°27'11" E 1586.30 feet along said North right-of-way line; thence S 02°32'49" E 120.97 feet; thence Westerly 172.90 feet along a non-tanget 510.00 -foot radius curve, concave Northerly, (said curve having a 172.08 foot chord bearing S 77°44'26" W) to a point 70 feet normally distant North of the South right-of-way line of W. San Marnan Drive; thence S 87°27'11" W 477.10 feet along a line 70 feet North of and parallel with said South right-of-way line; thence S 88°40'09" W 942.74 feet along a line 70 feet North of and parallel with said South right-of-way line to a point on the West line of said Northeast Quarter of Section 8; thence S 87°38'39" W 1270.78 feet along a line 70 feet North of and parallel with said South right-of-way line; thence Westerly 121.32 feet along a 480.00 radius curve, concave Northerly (said curve having a chord of 121.00 feet and bearing N 85°06'54" W); thence N 02°32'49" W 114.75 feet to the point of beginning; containing 9.356 acres. Prepared for: Sunnyside South Addition L.L.C. REQUEST APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT Vacate W San Marnan —Ansb to W 4th May 3, 2011 Request by Sunnyside South Addition, LLC to vacate a portion of West San Marnan Avenue right-of-way, located between Ansborough Avenue and West 4thStreet. Sunnyside South Addition, LLC, PO Box 447, Hudson, IA 50643. The applicant is requesting to vacate approximately a 1/2 mile portion of West San Marnan right-of-way for the purpose of relocating San Marnan Drive further to the south to create new residential lots abutting the south edge of Sunnyside Country Club. The request would not appear to have a negative impact on the surrounding neighborhood, as additional single-family housing would be compatible with already existing development. The request could have a negative impact upon traffic within the surrounding area, as the road would need to be closed for approximately 3 months for construction of the new road, requiring that traffic find alternate routes. The Shaulis Road Trail is located approximately 1 mile to the south at the intersection of West Shaulis Road and Ansborough Avenues. A new recreational trail is currently taking shape in the South Waterloo Business Park area along Fisher Drive to the south, which will connect into existing office development to the east at Kimball Avenue and West San Marnan Drive. It is also planned to extend the recreational west of Ansborough Avenue along Fitzway Drive. The north Y2 of the vacate area is zoned "R-1" One and Two Family Residence District, and has been zoned as such since the adoption of the Zoning Ordinance. The south % of the vacate area is zoned "R -4,R -P" Planned Multiple Residence District, and "C -2,C -Z" Conditional Zoning District, and was rezoned as such on February 25, 2004 from "A-1" Agricultural District. North — Sunnyside County Club, zoned 'R-1" One and Two Family Residence District. South — Vacant development ground and some professional office development, zoned "R -4,R -P" Planned Multiple Residence District. East — West San Marnan Drive right-of-way, zoned "R-1" One and Two Family Residence District and "C -2,C -Z" Conditional Zoning District. West— West San Marnan Drive right-of-way, zoned "R-1" One and Two Family Residence District and "R -4,R -P" Planned Multiple Residence District. The surrounding area is comprised of vacant development ground Page 68 Page 1 of 4 STAFF ANALYSIS — SUBDIVISION ORDINANCE: Vacate W San Maman —Ansb to W May 3, 2011 area during that time. The submitted vacate plat shows 26 new residential lots being created upon the north side of the relocated road. It is planned to extend sanitary sewer, storm sewer and water to serve the new residential lots, all at the expense of the developer. At this time, it is not known what the sizes of the new sewers will be. The plans show the new roadway still being located within existing San Marnan Drive right-of-way, however, it may be necessary to examine if additional right-of-way would need to be dedicated in the future along the south side of the relocated road. The existing overhead electric line will still remain in its current location and be on the south side of the proposed road. The overall future development of the area will eventually entail and involve all of the land from West 4th Street to Ansborough, from Highway 20 to West San Marnan Drive. This "Phase I" of the overall development is for the relocation of the current San Marnan corridor slightly to the south edge of the current right-of-way, to bring forth new residential lots that abut the golf course site. Further phases of the overall development will work to construct a new minor arterial roadway curving further to the south, which would create new lots for professional office and commercial development. When that new roadway is built, some intersection changes would be made upon the "Phase I" portion, to make the future roadway the desired route for thru-traffic, and revert the "Phase I" portion to a local street setting. In essence, this is the first step in a multi -step development process that will change the entire area for more residential, professional office, and commercial development. This area is zoned "R-4,RP" Planned Residence District, so staff is confident that the overall development plan will be built, over time, in accordance with the goals and policies of the Comprehensive Plan , to ensure that the public interest is secured in its development for overall road, drainage, development, and land use design. There is no platting required for this request. Page 70 Page 3 of 4 Request to vacate portion of San Marnan right-of-way between Ansborough and W 4th Street R� City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 zi Offer to Vacate and Purchase City Right -of -Way U Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement U Sale of City -Owned Property Applicant Sunnyside South Addition L.L.C. Address: PO Box 447 Hudson IA 50643 Phone No.: (319) 2904357 General Description of Property to Vacated (i.e.- alley between A St. & 13 St, South of C St.): Part of W. San Maroon Drive right-of-way between Ansborough Avenue and W. 4's Street Legal description of area to be conveyed, vacated, or encroached: See Attached 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): a Right-of-way vacation — One Hundred Dollar ($100.00) Filing Fee a Easement or sidewalk vacation, or Encroachment - Fifty Dollar ($50.00) Filing Fee Sale of city -owned property not required to be vacated —No Fee a Any request not meeting the Sale of Property Policy — One Hundred Dollar ($100.00) Fee 2. Offer Price*[Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attnrhed Sale of Property Policy for how calculated): • Deductions a May decrease price by 50% for area located within an easement: $ May decrease price for the City tax that will be collected on the Iand within 5 yrs (8 yrs inside of the CERA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Entire Area: Note: The above information is a summary of the Sale of Property Policy (see attached). All requests to vacate and purchase City right-of-way mast be accompanied by a signed `Intent to Vacate" form for each abutting property to the area to be vacated. Any request that fails to meet the Sale of Property Policy shall not be forwarded to the Building and Grounds Committee or City Council. Any such applicant shall need to request review to Building and Grounds through a City Council member. 3. Publication and Recording Fees*: At the time a buyer(s) has been selected, all publication costs and recording fees must be paid by the applicant. Applicant shall be responsible for collecting from other buyers. 4. Easement*: The following easement shall be retained: 10' utility easement along the south border of vacation area 5. Other: Please provide a site plan and/or aerial photo of the area to be vacated if the request involves additional construction as the reason for the request. a ht APP lic eff Stickfo to 'Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 74 Vacate- 7.41 acres of San Marnan right-of-way between Ansborough Avenue and West 41 Street Looking east at the proposed vacate area of San Marnan. Looking northeast at Sunnyside Country Club. Looking south at agricultural land south proposed vacate area. Looking west at the proposed vacate area of San Marnan. Page 76 CITY OF WATERLOO Council Communication City Council Meeting: December 12, 2011 Prepared: December 6, 2011 Dept. Head Signature:, # of Attachments: 1 SUBJECT: CHANGE ORDER NO, 2 Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: To request the City Council approve and authorize the Mayor to sign Change Order No. 2 in the amount of Three Thousand Four Hundred Four dollars and 00/100 ($3,404.00) for work being done by Don Gardner Construction of Waterloo, Iowa for the 2011 Waterloo Forestry Building Upgrades, 1117 Campbell Ave., Waterloo, Iowa. Summary Statement: This add is cost related to additional locations for urethane insulation not recognized in base bid. Base Bid $95,410,00 Change Order No, 1 Not Accepted Change Order No, 2 $ 3,404.00 Total $98,814,00 Expenditure Required: Source of Funds: Funding for this Change Order No. 2 is available through City Bonds and MidAmerican Energy Rebates. Policy Issue: NA Alternative: NA Background Information: Original Contract approved by Council and signed July 12, 2011. \Larry'R. Kurtz, ASL.A� LRK/jk 2011-0002 November 17, 2011 Mark Gardner Don Gardner Construction 315 LaPorte Rd. Waterloo, IA 50702 Re: Waterloo, City of Forestry Building Upgrades 1117 Campbell Ave. Waterloo, IA 50701 Dear Mark: I am in receipt of your Change Order #1 to add the price of $1,256.00 for jamb covers for all overhead doors in the color polar white. This change order is not accepted. If you have any questions or concerns please contact me. Sincerely, AHTS Architects, PLC Enc: (1) 327 E 4th Sheet, Suite 201 Waterloo, icwa 50703 319233.1163 319.233.9863 fax www.ahtsarchitects con) CITY OF WATERLOO Council Communication City Council Meeting: 12/12/11 Prepared: 12/6/11 Dept. Head Signature: .3-5 # of Attachments: 1 ,,)6„../at) SUBJECT: 2012 Golf Turf Equipment Submitted by: JB Bolger- Golf & Downtown Area Maintenance Manager Recommended City Council Action Preliminarily approve the plans, specifications, etc. and taking of bids, and set the date of hearing and bid opening as January 9th, 2012. Summary Statement This equipment will be used to maintain the City's three municipal golf courses. Expenditure Required TBD Source of Funds General Obligation Bond Funds for Off Road Equipment- Golf Policy Issue N/A Alternative N/A Background Information: These units would be bid utilizing Iowa Department of Transportation Grounds Care Contract Pricing. The Iowa DOT Office of Procurement and Distribution seeks competitive bids that are valid for any government entity in the State of Iowa. CITY OF WATERLOO Council Communication City Council Meeting: December 12 2011 Prepared: December 6, 2011 Dept. Head Signature: PH # of Attachments: SUBJECT: 2012 RIVERFRONT SPORTS PARK SHELTER PROJECT Submitted by: Rick Curran, Facilities Manager, Leisure Services Recommended City Council Action: Approve Plans, Specifications and Form of Contract for the 2011 RIVERFRONT SPORTS PARK SHELTER PROTECT and set the date of Public Hearing and Bid Opening as January 3, 2012. Summary Statement: This project is to construct an octagon shelter at Cedar River/Exchange Park, 500 Block of Burton Ave., Waterloo Iowa. Above -referenced project documents will be available for review in the office of the City Clerk, 715 Mulberry St. and Leisure Services, 1101 Campbell Ave, Waterloo, Iowa. Expenditure Required: No expenditure at this time. Project Budget is estimated at $55,000.00 Source of Funds: Project cost will be funded by a combination of Leisure Services -Sports Improvement, G.O. Bond Fund (Si. Black Hawk County Gaming Grant. Policy Issue: NA Alternative: NA Background Information: Leisure Services & Build Our Ballpark Organization have been working to improve facilities for youth sporting events in Cedar River/Exchange Park. Black Hawk County Gaming Grant of $500,000 was awarded September 12, 2011. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITC At -Large CITY OF WATERLOO, IOWA COMMUNITY DEVELOPMENT 620 Mulberry Street, Carnegie Annex • Waterloo, IA 50703 • (319) 291-4429 Fax (319) 291-4431 CITY OF WATERLOO Council Communication City Council Meeting: December 12, 2011 Prepared: December 7, 2011 Dept. Head Signature: j -•j/% f y , ste - Rudy D. Jones, Community Development Director # of Attachments: One Itemized Price Schedule SUBJECT: 174-D-NSP3-01-12-12 Demolition and Site Clearance Submitted by: Rudy D. Jones, Community Development Director Recommended City Council Action: Approve plans and specifications and authorize bid letting. Bids will be due and opened on January 3, 2012 and project awarded on January 12, 2012. Summary Statement: Staff is requesting Mayor and Council approve plans and specifications and authorize bid letting for demolition of five (5) dilapidated homes, garages and related lot clearance. The addresses are: 915 Lafayette Street 917 Lafayette Street 919 Lafayette Street 927 Lafayette Street 1021 Lafayette Street Expenditure Required: Estimate $60,000. A public hearing will be required. Source of Funds: Neighborhood Stabilization Grant Program. Policy Issue: Housing. Alternative: None Background Information: The sites were acquired primarily through acquisition utilizing Economic Development Initiative funds. New housing units will replace vacant lots. RDJ:an Attachment J:\ANN-N\DEMO\Demo Contracts \174-D-NSP3-01-12-12\Council Communication 12-07-11.doc Cc: Noel Anderson, CPD Director EOU&L ROUSOHG OPPORTUNITY CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer GROUP NO. 174-D-NSP3-01-12-12 0 ija Hz o o' w Q o w H 440 al PI 0 0 0 z Full "0" Finished Area 915 Lafayette Str 49 0 z Full "0" Finished Area 917 Lafayette Street ss 0 0 z w �H o 0 N H 919 Lafayette Street 0 0 z Full "0" Finished Area 0 n N ( w N • N 1/4.o w 0 ^ j Tzb V1 5 U N V1 927 Lafayette Street V 00 0 N N 0 r 0 338 O s0. Fi w 0 -C U N C/) 1021 Lafayette Street 64 BASE BID TOTAL