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HomeMy WebLinkAboutCouncil Packet-12-19-2011Acj oyoP AMENDED C,� 13'l 1'� �a- THE CITY COUNCIL OF THE CITY OF WATERLOO, p011101-{ (12-(2-) IOWA, REGULAR SESSION TO BE HELD AT THE 6a$oq/I� CITY HALL COUNCIL CHAMBERS, 5:30 P.M. 5(. IIP -J MONDAY, DECEMBER 19, 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: Quentin Hart, Ward 4 Council Member. December 19, 2011 Agenda, as proposed or amended. Minutes of December 12, 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 City Limits Urban Revitalization Area (CLURA); and rescind Resolution No. 2011-1125. Submitted by Christopher W. Western, Planner 1l 3. Request of Timothy Young for a variance to the Noise Ordinance on Saturday August 4, 2012 from 10:00 a.m. to 4:00 p.m. in conjunction with Save the Children of Waterloo event to be held within the 800 block of W. 8th Street including a DJ and the use of a PA system, together with recommendation of approval of Director of Public Safety. b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to Exceed James Bolger, Golf Manager Iowa Turfgrass Conference and Tradeshow Des Moines, Iowa January 17-19, 2012 $'360.00 Derrick Gibbs, Engineering Tech; Larry Crain, Engineering Tech Iowa Department of Transportation recertification Cedar Rapids, Iowa & Mason City, Iowa January 30, 2012 & February 6, 2012 $290.00 Kenny Johnson, Engineering Tech; Jeff Murphy, Engineering Tech Iowa Department of Transportation recertifications Cedar Rapids, Iowa & Mason City, Iowa January 30, 2012 & February 6, 2012 $240.00 December 19, 2011 4. Page 3 Robert Stringer, 2012 NPELRA Lake Buena April 15- $2, 045.61 Human Resources Annual Training Conference Vista, Florida 19, 2012 Director Class C Liquor License Permit Application 5. Spicoli's, 3555 University Avenue (Renewal) (Expires 12/ 11/ 12) (Includes Sunday Sales) 6. Trucker Bar, 1915 Bourland Avenue (Renewal) (Expires 12/ 12/ 12) (Includes Sunday Sales) After Hours Business License Application 7. Insomnia After Hours Nightclub, LLC, 710 Jefferson Street, Suite 2 Outdoor Service Area Application 8. Spicoli's, 3555 University Avenue Class C Beer License Permit Application 9. Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Expires 12/19/12) (Includes Sunday Sales) Class E Liquor License Permit Application 10. Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Expires 12/ 19/ 12) (Includes Sunday Sales) Class B Wine License Permit Application 11. Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Expires 12/19/12) (Includes Sunday Sales) Cigarette/ Tobacco Permit Application 12. Greenwood Drug, Inc. dba Greenwood Drug on Kimball Ave, 2104 Kimball Avenue December 19, 2011 PUBLIC HEARINGS 2. DELETE Page 4 Request for Proposals for Consultant Services _for the Implementation of the 2010 US 63 City Wide Petroleum and Hazardous Material Assessment Grant M tion to receive and file proof of publication of notice of public hearing. H LD HEARING—No objections on file. M tion to close the hearing and receive and file oral and written comments. R solution confirming approval of plans, specifications, form of contract, etc. R olution ordering construction. M tion to receive and file and instruct City Clerk to open and read bids a d refer to Community Planning & Development Director for review. Submitted by Noel Anderson, Community Planning & Development Director 3. Request of Redonna Parker for the vacation, sale and conveyance of ia proximately 120 foot long portion of public allergy located behind the ome at 624 Adams Street _generally located in Block 8 of Rose Hill ddition for $406.00 for the purpose of closing a portion of the alley /and incorporating the area into the applicant's rear yard Mption to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Wotion to close hearing and receive and file oral and written comments and recommendation of denial of Planning, Programming and Zoning ...-pCommission and Building and Grounds Commission. Motion to receive, file, consider and pass for the first time an Ordinance 1"-lgil. vacating approximately 120 foot long portion of public alley located behind the home at 624 Adams Street generally located in Block 8 of Rose Hill Addition. tion to suspend the rules. tion to consider and pass for the second and third times and adopt ordinance. R olution authorizing said sale and conveyance, and authorize City ttorney to prepare and deliver deed accordingly. ubmitted by Aric Schroeder, City Planner December 19, 2011 Page 5 4. Request of Arlin Zevenbergen for the vacation, sale and conveyance of a portion of Edqemont Avenue located between Cataract Avenue and Park Lane, with a portion to be conveyed to Arlin Zevenbergen for $16,263.53; and a portion to be conveyed to MKW Apartments LLC for $1.00 and enter into a development agreement, subject to the retention of a utility easement over certain portions and subject to certain conditions 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 and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance vacating a portion of Edgemont Avenue located between Cataract Avenue and Park Lane. tion to suspend the rules. tion to consider and pass for the second and third times and adopt ordinance. R olution authorizing said sale and conveyance, and authorize City ttorney to prepare and deliver deed accordingly. Re olution approving said development agreement with MKW Apartments LC; and authorize Mayor and City Clerk to execute said document. Submitted by Aric Schroeder, City Planner RESOLUTIONS 5. Resolution approving the Development Agreement for JSA Development, LLC for the redevelopment of over 33 parcels (44 addresses) 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 6. Resolution approving submission of Black Hawk County Gaming Association grant request in the amount of $55,000.00 to be used for one- time marketing and start-up expenses for the RiverLoop Public Market 140\ Cooperative on the Expo Plaza grounds; and authorize Mayor to execute said document. Submitted by Mayor Buck Clark 7. Resolution approving Amendment #5 to the Cedar Valley River Renaissance Project Vision Iowa Contract 01 -VI -010 with the Vision Iowa qji 60 Board, City of Cedar Falls and H.W. Grout Trust to extend the deadline for �� completion of the project to June 30, 2012; and authorize Mayor to execute said document. Submitted by Paul Huting, Leisure Services Director December 19, 2011 Page 6 8. Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $114,500.00 with Peterson Contractors Inc. of Reinbeck, Iowa in conjunction with 2011 Riverview Recreation Area Passive Unit Enhancement Phase II, Contract No. 815; and authorize Mayor and City Clerk to execute said documents. Submitted by Rick Curran, Leisure Services Facilities Manager 9. Resolution approving Cooperative Agreement with Iowa Department of Transportation, Black Hawk County Metropolitan Area Transportation Policy Board and the City of Cedar Falls for Enhancement Development 49-N along University Avenue Corridor from U.S. Highway 63 Interchange to the Iowa Highway 58 interchange, with the city's cost in the amount of $10,887.00; and authorize Mayor and City Clerk to execute said document. Submitted by Jeff Bales, Associate Engineer 10. Resolution approving recommendation of award of bid to Larson Construction Company of Independence, Iowa in the amount of $6,452,000.00 for the construction of Phase I (Base Bid and Alternate 2) for the City of Waterloo Public Works Building. Submitted by Mark Rice, Public Works Director 11. Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $6,452,000.00 with Larson Construction Company of �,�1,\ Independence, Iowa for the construction of Phase I (Base Bid and �1 J Alternate 2) for the City of Waterloo Public Works Building; and authorize Mayor and City Clerk to execute said documents. Submitted by Mark Rice, Public Works Director 12. Resolution approving the Development and Property Transfer Agreement with Waterloo Development Corporation for a public SportsPlex Facility; and authorize Mayor and City Clerk to execute said document. Submitted by Mayor Buck Clark December 19, 2011 Page 7 OTHER COUNCIL BUSINESS 13. Request of Sunnyside South Addition, LLC for the vacation, sale and conveyance of a portion of San Marnan Drive generally located between Galactic Drive and West 4th Street, west of Ansborough for $1.00 plus costs and enter into a Development Agreement, for the purpose of relocating the roadway for the creation of new residential lots Motion to receive, file, consider and pass for the second time an Ordinance vacating a portion of San Marnan Drive generally located between Galactic Drive and West 4th Street, west of Ansborough. fvotion to suspend the rules. otion to consider and pass for the third time and adopt ordinance. R solution approving said Development Agreement; and authorize Mayor and City Clerk to execute said document. R solution authorizing said sale and conveyance; and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director 14. Motion approving City of Waterloo Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2011. Submitted by Michelle Weidner, Chief Financial Officer 15. Motion approving determination of the City Planner that the proposed change to the approved site plan for Crossroads Estates Replat No. 1 in an "R -3,R -P" Planned Residence District is insignificant in nature and approved as a Minor Site Plan Amendment. Submitted by Aric Schroeder, City Planner 16. Rental/Purchase of One (1) Used Vermeer TG525L Tub Grinder Motion to instruct Waste Management Services Superintendent to prepare specifications, bid document, etc. Motion to receive and file specifications, bid document, etc. �Iap Resolution preliminarily approving specifications, bid document, etc. fi Resolution setting date of hearing and bid opening as January 24, 2012 AP6 and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Submitted by Larry N. Smith, Waste Management Services Superintendent December 19, 2011 Page 8 17. Asbestos Abatement Services Request for Proposals for the following properties: 212 Jefferson Street, 302 Jefferson, 306-308 Jefferson Street and 312 Jefferson Street Motion to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. /0 Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as January 3, 2012; 6\ and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Noel Anderson, Community Planning & Development Director 18. Asbestos Abatement Services Request for Proposals for 330 Madison Street Motion to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. 4I Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as January 3, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Noel Anderson, Community Planning & Development Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, December 19, 2011 4:25 p.m. - Council Work Session, Council Chambers 4:45 p.m. - Public Works Committee, Council Chambers 4:50 p.m. - Human Resources Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers December 19, 2011 Page 9 CONTRACT PAYMENT SCHEDULE 1. F.Y. 2010 Ridgeway Avenue and La Porte Road Intersection Improvements, Contract No. 775 Pay estimate No. 9 to Snyder 7 Associates Engineers & Planners in the total amount due of $539.27 2. F.Y. 2012 East Donald Street Improvements, Contract No. 797 Payment to AECOM in the total amount due of $34, 965.92 3. F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 15 to Peterson Contractors Inc. in the total amount due of $47,167.73 4. Cedar Valley Riverfront Renaissance Waterloo Vision IA Project, etc. Payment to AECOM in the total amount due of $14,849.30 5. Installation of New Grade Crossing at Dearborn Street Pay Chicago Central & Pacific in the total amount due of $14,923.75. 6. U.S. Hwy 63 West Shaulis Road Extension, Contract No. 784 Final Design Phase NHSX-63-6(69)-3H-07 Payment to AECOM in the total amount due of $40,467.73 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL :COUNCIL CHAMBERS, 5:30 P.M. MONDAY, DECEMBER 19, 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: Quentin Hart, Ward 4 Council Member. December 19, 2011 Agenda, as proposed or amended. Minutes of December 12, 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 City Limits Urban Revitalization Area (CLURA); and rescind Resolution No. 20111125. Submitted by Christopher W Western, Planner 11 3. Request of Timothy Young for a variance to the Noise Ordinance on Saturday August 4, 2012 from 10:00 a.m. to 4:00 p.m. in conjunction with Save the Children of Waterloo event to be held within the 800 block of W. 8th Street including a DJ and the use of a PA system, together with recommendation of approval of Director of Public Safety. b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed James Bolger, Golf Manager Iowa Turfgrass Conference and Tradeshow Des Moines, Iowa January 17-19, 2012 $360.00 Derrick Gibbs, Engineering Tech; Larry Crain, Engineering Tech Iowa Department of Transportation recertification Cedar Rapids, Iowa & Mason City, Iowa January 30, 2012 & February 6, 2012 $290.00 Kenny Johnson, Engineering Tech; Jeff Murphy, Engineering Tech Iowa Department of Transportation recertification Cedar Rapids, Iowa & Mason City, Iowa January 30, 2012 & February 6, 2012 $240.00 December 19, 2011 4. Page 3 Robert Stringer, Human Resources 2012 NPELRA Annual Training Conference Lake Buena Vista, Florida April 15- 19, 2012 $2,045.61 Director Class C Liquor License Permit Application 5. Spicoli's, %555; University Avenue (Renewal) (Expires 12/ 11/ 12) (Includes Sunday Sales) 6. Trucker Bar, 1915 Bourland Avenue (Renewal) (Expires 12/ 12/ 12) (Includes Sunday Sales) After Hours Business License Application 7. Insomnia After Hours Nightclub, LLC, 710 Jefferson Street, Suite 2 Outdoor Service Area Application 8. Spicoli's, 3555 University Avenue Class C Beer License Permit Application 9. Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Expires 12/19/12) (Includes Sunday Sales) Class E Liquor License Permit Application 10. Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Expires 12/19/12) (Includes Sunday Sales) Class B Wine License Permit Application 11. Ali's West Side Liquor, 919 W. 5th Street (Renewal) (Expires 12/19/12) (Includes Sunday Sales) Cigarette/ Tobacco Permit Application 12. Greenwood Drug, Inc. dba Greenwood Drug on Kimball Ave, 2104 Kimball Avenue December 19, 2011 Page 4 PUBLIC HEARINGS 2. Request for Proposals for Consultant Services for the Implementation of the 2010 US 63 City Wide Petroleum and Hazardous Material Assessment Grant Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close the hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution ordering construction. Motion to receive and file and instruct City Clerk to open and read bids and refer to Community Planning & Development Director for review. Submitted by Noel Anderson, Community Planning & Development Director 3. Request of Redonna Parker for the vacation, sale and conveyance of approximately 120 foot long portion of public alley located behind the home at 624 Adams Street generally located in .Block 8 of Rose Hill Addition for $406.00 for the purpose of closing a portion of the alley and incorporating the area into the applicant's rear yard 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 and recommendation of denial of Planning, Programming and Zoning Commission and Building and Grounds Commission. Motion to receive, file, consider and pass for the first time an Ordinance vacating approximately 120 foot long portion of public alley located behind the home at 624 Adams Street generally located in Block 8 of Rose Hill Addition. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Aric Schroeder, City Planner December 19, 2011 Page 5 4. Request of Arlin Zevenbergen for the vacation, sale and conveyance of a portion of Edgemont Avenue located between Cataract Avenue and Park Lane, with a portion to be conveyed to Arlin Zevenbergen for $16,263.83; and a portion to be conveyed to MKW Apartments LLC for $1.00 and enter into a development agreement, subject to the retention of a utility easement over certain portions and subject to certain conditions 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 and recommendation of approval of Planning, Programming and Zoning Commission. Motion to receive, file, consider and pass for the first time an Ordinance vacating a portion of Edgemont Avenue located between Cataract Avenue and Park Lane. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly. Resolution approving said development agreement with MKW Apartments LLC; and authorize Mayor and City Clerk to execute said document. Submitted byAric Schroeder, City Planner RESOLUTIONS 5. Resolution approving the Development Agreement for JSA Development, LLC for the redevelopment of over 33 parcels (44 addresses) 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 6. Resolution approving submission of Black Hawk County Gaming Association grant request in the amount of $55,000.00 to be used for one- time marketing and start-up expenses for the RiverLoop Public Market Cooperative on the Expo Plaza grounds; and authorize Mayor to execute said document. Submitted by Mayor Buck Clark 7. Resolution approving Amendment #5 to the Cedar Valley River Renaissance Project Vision Iowa Contract 01411--010 with the Vision Iowa Board, City of Cedar Falls and H. W. Grout Trust to extend the deadline for completion of the project to June 30, 2012; and authorize Mayor to execute said document. Submitted by Paul Huting, Leisure Services Director December 19, 2011 Page 6 8. Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $114,500.00 with Peterson Contractors Inc. of Reinbeck, Iowa in conjunction with 2011 Riverview Recreation Area Passive Unit Enhancement Phase II, Contract No. 815; and authorize Mayor and City Clerk to execute said documents. Submitted by Rick Curran, Leisure Services Facilities Manager 9. Resolution approving Cooperative Agreement with Iowa Department of Transportation, Black Hawk County Metropolitan Area Transportation Policy Board and the City of Cedar Falls for Enhancement Development along University Avenue Corridor from U.S. Highway 63 Interchange to the Iowa Highway 58 interchange, with the city's cost in the amount of $10,887.00; and authorize Mayor and City Clerk to execute said document. Submitted by Jeff Bales, Associate Engineer 10. Resolution approving recommendation of award of bid to Larson Construction Company of Independence, Iowa in the amount of $6,452,000.00 for the construction of Phase I (Base Bid and Alternate 2) for the City of Waterloo Public Works Building. Submitted by Mark Rice, Public Works Director 11. Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $6,452,000.00 with Larson Construction Company of Independence, Iowa for the construction of Phase I (Base Bid and Alternate 2) for the City of Waterloo Public Works Building; and authorize Mayor and City Clerk to execute said documents. Submitted by Mark Rice, Public Works Director 12. Resolution approving the Development and Property Transfer Agreement with Waterloo Development Corporation for a public SportsPlex Facility; and authorize Mayor and City Clerk to execute said document. Submitted by Mayor Buck Clark December 19, 2011 Page 7 OTHER COUNCIL BUSINESS 13. Request of Sunnyside South Addition, LLC for the vacation, sale and conveyance of a portion of San Marnan Drive generally located between Galactic Drive and West 4th Street, west of Ansborough for $1.00 plus costs and enter into a Development Agreement, for the purpose of relocating the roadway for the creation of new residential lots Motion to receive, file, consider and pass for the second time an Ordinance vacating a portion of San Marnan Drive generally located between Galactic Drive and West 4th Street, west of Ansborough. Motion to suspend the rules. Motion to consider and pass for the third time and adopt ordinance. Resolution approving said Development Agreement; and authorize Mayor and City Clerk to execute said document. Resolution authorizing said sale and conveyance; and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Noel Anderson, Community Planning & Development Director 14. Motion approving City of Waterloo Comprehensive Annual Financial Report for Fiscal Year Ended June 30, 2011. Submitted by Michel% Weidner, Chief Financial Officer 15. Motion approving determination of the City Planner that the proposed change to the approved site plan for Crossroads Estates Replat No. 1 in an "R -3,R -P" Planned Residence District is insignificant in nature and approved as a Minor Site Plan Amendment. Submitted by Alt Schroeder, City Planner 16. Rental/Purchase of One /1) Used Vermeer TG525L Tub Grinder Motion to instruct Waste Management Services Superintendent to prepare specifications, bid document, etc. Motion to receive and file specifications, bid document, etc. Resolution preliminarily approving specifications, bid document, etc. Resolution setting date of hearing and bid opening as January 24, 2012 and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Submitted by Larry N. Smith, Waste Management Services Superintendent December 19, 2011 Page 8 17. Asbestos Abatement Services Request for Proposals for the following properties: 212 Jefferson Street, 302 Jefferson, 306-308 Jefferson Street and 312 Jefferson Street Motion to instruct Community Planning & .Development Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as January 3, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Noel Anderson, Community Planning & Development Director 18. Asbestos Abatement Services Request for Proposals for 330 Madison Street Motion to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as January 3, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Noel Anderson, Community Planning & Development Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, December 19, 2011 4:25 p.m. - Council Work Session, Council Chambers 4:45 p.m. - Public Works Committee, Council Chambers 4:50 p.m. - Human Resources Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers December 19, 2011 Page 9 CONTRACT PAYMENT SCHEDULE 1. F.Y. 2010 Ridgeway Avenue and La Porte Road Intersection Improvements, Contract No. 775 Pay estimate No. 9 to Snyder 7 Associates Engineers & Planners in the total amount due of $539.27 2. F. Y. 2012 East Donald Street Improvements, Contract No. 797 Payment to AECOM in the total amount due of $34, 965.92 3. F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 15 to Peterson Contractors Inc. in the total amount due of $47,167.73 4. Cedar Valley Riverfront Renaissance Waterloo Vision IA Project, etc. Payment to AECOM in the total amount due of $14,849.30 5. Installation of New Grade Crossing at Dearborn Street Pay Chicago Central & Pacific in the total amount due of $14,923.75. 6. U.S. Hwy 63 West Shaulis Road Extension, Contract No. 784 Final Design Phase NHSX-63-6(69)-3H-07 Payment to AECOM in the total amount due of $40,467.73 December 12, 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 12, 2011. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart. Moment of Silence. Pledge of Allegiance: Harold Getty, Ward 3 Council Member. 137704 - Hart/Schmitt that the Agenda, as amended changing the property description to item #3, and adding the vacating ordinance to item #10 , for the Regular Session on Monday, December 12, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 137705 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, December 5, 2011, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 137706 - Hart/Schmitt that the folio ng items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-107, dated December 12, 2011, in the amount of $2,932,102.34, 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. 2011-1124. 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 Are -Submitted by Christopher Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2011-1125. 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 Consolidated Urban Revitalization Are -Submitted by Christopher Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2011-1126. 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 Are -Submitted by Christopher Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2011-1127. b. Motion to approve the following: 1. 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Voice vote -Ayes: Seven. Motion carried. 137708 - This being the time and place of public hearing, the Mayor called for written and oral objection and there were none. Schmitt/Greenwood that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 137709 - Schmitt/Greenwood that "Resolution confirming approval of specifications, bid document, etc. in conjunction with 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", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1128. 137710 - Schmitt/Greenwood that "Resolution authorizing to proceed in conjunction with 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", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1129. 137711 - Greenwood/Schmitt that proof of publication of notice of public hearing on 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 -owned property located in the north half of the Northwest quarter of Section 26, Township 88 North, 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, as published in the Waterloo Courier on December 8, 2011, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137712 - This being the time and place of public hearing, the Mayor called for written and oral objection and there were none. Greenwood/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137713 - Greenwood/Schmitt that "Resolution approving said exchange agreement; and authorize Mayor and City Clerk to execute said document in conjunction with 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 -owned property located in the north half of the Northwest quarter of Section 26, Township 88 North, 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", be adopted. Roll call vote -Ayes: Six. Nays: One (Getty). Resolution adopted and upon approval by Mayor assigned No. 2011-1130. 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Roll call vote -Ayes: Seven. ORDINANCES 137122 - Schmitt/Cole that "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 in conjunction with City Limits Urban Revitalization Area", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1138. 137123 - Schmitt/Welper that "an Ordinance establishing the City Limits Urban Revitalization Area; rescinding Ordinance No. 5068 in its entirety in conjunction with City Limits Urban Revitalization Area", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137124 - Schmitt/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137125 - Schmitt/Welper that "an Ordinance establishing the City Limits Urban Revitalization Area; rescinding Ordinance No. 5068 in its entirety", 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. 5089. OTHER COUNCIL BUSINESS 137126 - Hart/Welper to remove from the table and place the following onto the December 19, 2011 Council agenda: Development Agreement with Sunnyside South Addition, LLC for the vacation, sale and conveyance of a portion of San Marnan Drive generally located 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 -Submitted by Suzy Schares, City Clerk, be received, placed on file and approved. Roll Call vote -Ayes: Five. Nays: One (Schmitt). Abstain: Cole. Motion carried. Mr. Schmitt asked that the questions previously raised be answered by next week. Mayor Clark noted that he believes most of those are within the document. Dave Nagle, Attorney representing Bob and Mary Helen Molinaro, alerted Council that his client intends to appeal the previous ruling. Mr. Nagle stated that a second lawsuit has been filed and there will be additional proceedings that cannot be disclosed at this time. He urged Council not to proceed. 137127 - Welper/Greenwood that 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, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 137128 - Schmitt/Greenwood to instruct Leisure Services Director to prepare specifications, bid document, etc. in conjunction with Purchase of 2012 Golf Turf Equipment, be approved. Voice vote -Ayes: Seven. Motion carried. 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ZTOZ '6 Azenuef Se buTuedo pTq pue buTaeeq 3o agep buTggas uoTgnTosaa„ gegg '6ETT-TTOZ 'oN paubTsse pooMuaaz0/4g71140S - T£TLET zoAew Aq Tenozdde uodn pue pagdope uoTgnTosaa •uanas :seAy-agon TTP0.TT0271 •pagdope eq '„guaudTnbg ;any 3T 05 ZTOZ 30 asegoznd ggTM uorgounCuoo uT •oge 'guaunoop pTq 'suoTgeoT3Toads buTnozdds ATTaeuTuTTazd uoTgnTosaa, ;egg pooMueeza/ggT IoS - 091LET •paTzzeo uoTgow •uanaS :saAy-agon aoTon •aTT3 uo paoeTd pue panTaoaz eq 'guaudrnbQ ;any ;Tod ZTOZ 3o asegoznd ggTM uoTgounCuoo uT •oga 'guaunoop pTq 'suoTgeoT3Toads ;egg g abed pooMuaaz5/44TugoS - 6ZTLET 1T0Z 'ZT aequeoe December 12, 2011 Page 7 137139 - Cole/Hart that "Resolution setting date of hearing and bid opening as January 3, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with 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", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2011-1144. ORAL PRESENTATIONS Bob Manning, Vice -President Cedar Trails Partnership, reported that there are grants available to benefit and support the trails. Grant applications are due by January 15, 2012. 137140 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 137141 - hart/Schmitt that the Council adjourn at 6:19 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELDER Ward 5 BOB GREENWOOD At -Large STEVE SCHIvIITT 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 December 7, 2011 Honorable Mayor Buck Clark City Council Members City Hall Waterloo, Iowa 50703 Dear Mayor and Council: cirinc-kArrock l���I�dll iceero,Llovk_A1,.20«-1)02.5 cruil-c(-1--AcrtitoL ti( q,"9_0 L( (i6,96(b-Fici/L— NO . 96(( Attached please fmd 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. Sincerely, W • tnl Christopher W. Western Planner II Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD G ET FY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITP At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 2914262 - NOEL C. ANDERSON, Community Planning & DevelopnrertDirector December 7, 2011 Honorable Mayor Buck Clark City Council Members City Hall Waterloo, Iowa 50703 Dear Mayor and Council: pett kt5GM0LL-- e-ey0(0 I 0 `r ` . 20«-IL5 c � v&L £?-[(4 (( so(b4hO4& Nd. 2.6«—wf c, 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. Sincerely, C1i22 tpJ• t.✓C Christopher W. Western Planner II Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: wwwci.waterloo.ia_us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative ActionEmployer Aug 30 11 05:44p Iowa Heartland Habitat 3192326313 p.3 URBAN REVITALIZATION APPLICA.TJON FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE URBAN REVITALIZATION PLANS ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to properly 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. 13e located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Plaaning & Development Department) 3. This application must be filed with your assessor according to the timeline of the State 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 County Board of Supervisors. I Please fill out the following information for your application to be submitted to the City Connell. NAME:uOa-, 2 WF 1( SIGNA'T'URE: ADDRESS: S' U , L -t ) . 6-1016.1 TELEPHONE: ' (� -2)5- 9 `1 Li& DATE: 5I 34 I Z O 1 1 A, What is the Address ofyour property? `(n ( Fos t; -t'( - ¶I3 LO 7 3/ -7o c a What is the Legal escriptzqn p our property? (Avail ble at Conn Asse or's Off on 2°d floor of the Courthouse)? Sva [td© G' P v [1 4p�i `' -u,� � nlhi �'f:O,.dIeuceiku B. Indi sired exem tion -se dole: (1 or 2) N � C�. u 2 /l l"' c One Hundred Percent 00%) exemption for three years on the actual value added by improvements; 2.'A partia exemption on the actual value added by irrtprovements according to the following schedule: a. First Year -------g0% d. Fourth Year----- S0% ° b. Second Year— 70%la. Seventh a -__ --30% c. Filth Year-----__ 40% h. Eighth Year ----30% c. Third Year 60% f. Sixth Year -------40% i. Ninth Year ---20% C. What was the nature of the improvement(s)?I• Tenth Fear ----20 11,-ra_ r✓ „J-t-z_t_-1_L D. City of Waterloo Building and Inspections Depatfurent Information: Permit Number: ZtI (_ b j `j31 Date permit was issued: -7 /a -7 (a -b E. What was the cost of the improvement? 7 9Ufl--b F. Estimated or actual date ofcornplet-ion of these iinprovenients7 Elph-tit 2-O/2— 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 Total pernut(s) valuation: (Job, 00 CITY/OF WATERLOO V APPROVED DENIED DATED: RESOLUTION NO: rQSGI06(4_01-- 2-e Q Gt_i2-e 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 01fice for criteria eligibility_ Printable Map Output Page 1 of 1 Black Hawk County Parcel Map Parcel ID: 8813-07-377-002 Deed Holder: IOWA HEARTLAND HABITAT FOR HUMAN egal: Lo gond SOUTHLAND PARK REPLAT OF PART OF SOUTHLAND PARK SUBDIVISION perteIT,n maims mt. M,Iel Photos Slack How* Ce. PREScOTTS- AI ap coal wah_AaCNS•CapyrgMICI1932-29JtFSA Black Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor(ilco.black-hawk.ia.us.orq In s 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 Tax Mail to Address Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder 8813-07-377-002 IOWA HEARTLAND HABITAT FOR HUMAN PDF No. 5 Map Area ISWTLO-11 Contract Buyer IOWA HEARTLAND HABITAT FOR HUMAN 803 W 5TH WATERLOO, IA 50702-0000 (Property Address Current Recorded Transfer Date Drawn Date Filed Recorded Document 9/10/2010 9/17/2010 2011 005449 Type D SALES BUILDING PERMIT Date mount NUTC / Type Date 11/10/2011 Number AWA 08346 (mount 7,425 Reason Furnace 9/10/2010 5,000 ACANT LOTS / Deed 8/5/2005 169,178 RESIDENTIAL SALE OF TWO OR MORE PARCELS -SINGLE CONSIDERATION / Deed 8/9/2011 WA 05929 79,000 New Dwig Taxable Value 1/21/199999,000 Dwelling 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 2ear Class 011 R 100% Value Land Dwelling Building M/E Total Acres 18,560 0 0 0 18,560 0 Taxable Value Land Dwelling Building IM/E Total 9,420 0 0 10 19,420 Year, Class 2010 R 100% alue Land Dwelling Building 1M/E Total Acres 0 10 14,020 10 14,020 0 Taxable (Land Dwelling Building M/ENotal Value 16,804 10 0 0 16,804 Year Class 2009 R 100% Value Land Dwelling Building M/Eotal 0 14,020 Acres 0 14,020 0 0 f Taxable (Land Dwelling Building IM/E Total Value 6,577 10 10 10 16,577 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 2011/2012 Tax District 940001 - WATERLOO (Gross Value Taxable Value 6,804 Military Exemption 10 revy Rate 2,69322 Gross Tax $290,48 Net Tax $290.00 Corp 14,020 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 10 1$0.00 = Homestead Credit Disabled VeteranProperty Credit Tax Relief Credit g Credit Family Farm Credit Corp $0.00 $0.00 $0.00$0.00 0 $0.00 Nocorp Totals: fl 1 $0.00 8560 0.196 LEGAL [SOUTHLAND PARK REPLAT OF PART OF SOUTHLAND PARK SUBDIVISION LOT 102 LAND Basis Front RearSide 1 Side 2 Lot Area Acres Front Foot 80 80 107 107 0 8560 0.196 Totals: fl 1 8560 0.196 http://www2. co.black-hawk.ia.us/website/bhmap/bhRepDet. asp?apn=8813 07377002 12/7/2011 This Resolution prepared by Carol Failor, Deputy City Clerk, 715 Mulberry Street, Waterloo, Iowa. RESOLUTION NO. 2011-1125 RESOLUTION APPROVING APPLICATION WITH IOWA HEARTLAND HABITAT FOR HUMANITY FOR TAX EXEMPTIONS ON IMPROVEMENTS TOTALING $79,000.00 FOR PROPERTY LOCATED AT 4909 FOSTORIA DRIVE IN THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN, IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Iowa Heartland Habitat for Humanity has submitted an application dated August 30, 2011 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on improvements totaling $79,000.00 for property located at 4909 Fostoria Drive, more fully described as follows: Southland Park Replat of part of Southland Park Subdivision Lot 102, in the City of Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and, WHEREAS, the improvement project respecting said property is in conformance with the Consolidated Urban Revitalization Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the improvements on said property were made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor by March 1, 2012. APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME:"" ,if, ekAN.Lk ©u APPLICANT'S ADDRESS: APPLICANT'S PHONE #: F-51 c-tYS %� ANTICIPA I'ED DA IL OF VARIANCE: i c Li S f LT0 / a_ i NAME OF EVENT: TIMES OF DAY OF VARIANCE: GEOGRAPHICAL LOCATION OF VARIANCE: C0 (90 CCR X 6 0 1(6c(-- t -P W 9 ��- DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. �• roff.ceRC) kct 2. CITY COUNCIL ACTION: Police Dept. Recommendation APPROVAL: DENIAL: APPROVAL: DENIAL: DECIBEL LEVEL: qL (0 `ca TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED FY;I'4' BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance C/(,' .9/ 17100 _3(6)() G'G) /616,0 77 -RJ 42-6 Co. - Department NAME(S) AND POSITION(S): James Bolger, Golf Manager DATE: 12/01/11 NAME OF CLASS / MEETING: Iowa Turfgrass Conference and Tradeshow DESTINATION: Des Moines IA DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: January 17, 2012 RETURN DATE: January 19, 2012 DATE(S) OF MEETING: January 17 — 19, 2012 PURPOSE OF TRAVEL/TRAINING: To keep up on new equipment and products. -WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 120.00 LODGING MEALS 200.00 REGISTRATION MILEAGE/FUEL 40 TOTAL FOR ALL: $ 360.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-37-4120-1346 x GRANT REIMBURSABLE YES NO REQUIRED CERTIFICATION YES NO TOTAL: $ 360.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPAR MENT HEAD / . DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST MAYOR (° c1 DATE TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED ;At/ h vi '( g3e,/ /3q60 FY % u 19 -BUDGETED /621/), CD EXPENDED YTD THIS REQUEST ; ./o, 0O LEFT AFTER THIS REQUEST /2 %U•(,)0 DATE / //c.;_- /✓2- '7- 20I Original - Clerk/Finance Co. be•artment NAME(S) AND POSITION(S): Derrick Gibbs Larry Crain Engineering Techs DATE: December 7, 2011 NAME OF CLASS / MEETING: IDOT recertifications DESTINATION: Cedar Rapids & Mason City, IA DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: January 30, 2012 CR February 6, 2012 Mason City RETURN DATE: DATE(S) OF MEETING: January 30, 2012 & February 6, 2012 January 30, 2012 CR February 6, 2012 Mason City PURPOSE OF TRAVEL/TRAINING: IDOT recertification testing 5 recerts each @ $25 each = $125.00 each and $10 meal allowance each day Ketui re 14.0 (Hor a( Pet6ortnej X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: LODGING TAXI $20.00 ea MEALS PARKING $125.00 ea REGISTRATION AIRFARE MILEAGE/FUEL MISC/TOLLS TOTAL FOR ALL: $ 290.,00 BUDGET LINE ITEM: V05-07-783,61,..% �� X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ 145.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO 64/i1C- EPARTME EAD December 7, 2011 flAA'viJ' I APPROVE THIS TRAVEL REQUEST MA R !� DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 11#(467( TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY- 'f � BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY ,i))'i 7g3e/3,ka /500, 000 'o.UU ,2 (J , £Y O `/ 7c:). uO) Copy - Department NAME(S) AND POSITION(S): Kenny Johnson Jeff Murphy Engineering Techs DATE: December 7, 2011 NAME OF CLASS 1 MEETING: IDOT recertifications DESTINATION: Cedar Rapids & Mason City, IA DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: January 30, 2012 CR February 6, 2012 Mason City RETURN DATE: DATE(S) OF MEETING: January 30, 2012 & February 6, 2012 January 30, 2012 CR February 6, 2012 Mason City PURPOSE OF TRAVEL/TRAINING: IDOT recertification testing 4 recerts each @ $25 each = $100.00 each and $10 meal allowance each day Nuire 1evscnoe/.' X COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: LODGING $20.00 ea MEALS $100.00 ea REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 240.00 TAXI PARKING AIRFARE MISCITOLLS BUDGET LINE ITEM: .265 -Or7 -16'30-i3 c, X GRANT REIMBURSABLE YES NO X REQUIRED CERTIFICATION YES NO TOTAL: $ 120.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO /(R(,C ,ddl ,rn) EPA TMENT HEAD December 7, 2011 I APPROVE THIS TRAVEL REQUEST MA OR DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 °Ill &ell NAME(S): ONLY eF.W6c, /396 FINANCE DEPT. STAFF LINT: ITEM USED 67/ 0 / 1 FaG`(..QBUDGETED EXPENDED YTD TRAVEL REQUEST THIS REQL)E5 T CRY' OF WATERLOO LEFT AFTER THIS REQUEST DATE v_) 3500.00 63.i.c/g zvr/5:�/ (3 0 Q 5TR- DATE: 12-1thr TITLE: -I-f)-u.W` 1.4 kejourcs Arev7 ' DEPARTURE DATE 100 V RETURN DATE, • ti DFS'I'INATION: /4.A-ke_ ? celk Vork /- Iy DATE(S) 0 MEETING 12- PURPOSE z PURPOSE OF TRAVEL: /46 P-012- 1019 -1 --KA 4-tau4L V(..h/4 Gad C , &Al ct WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: ✓ COST $ Yes No METHOD OF TRAVEL: X CITY VEHICLE PRIVATE VEHICLE AIR (COMPLETE FOLLOWING INFORMATION) TRAVEL AGENCY: , . rZ2 kJ AIRLINE: CITY OF DEPARTURE: O6 ESTIMATE OF COST: (PER PERSON) 7/, t( //9.',o p° DEPARTMENT LINE ITEM : Q IQ 07 I.26-%/3 ` 4 ,�... REIMBURSABLE NC) „.,. REQUIRED CERTIFICATION YES NO LODGING' MEALS REGISTRATION MILEAGE TOTAL: TAXI PARKING o_W1F �U� AIRFARE • YES I BELIEVE THIS TRIP TO BE NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO DEPARTMENT H A ! 4/rr DATE I APPRO\/E THIS TRAVEL REQUEST City of Wate:0leo Financial DATE 12/19/11 TIME £5:41:52 VENDOR INVOICE FINANCIAL MANAGEMENT OPEN INVOICE RE ORT INVOICE DESCRIPTION INV DATE DUE DATE G/L DATE ITEM* R.O. .. CONTRACT A; DESCRIPTION DUAN i SHAUL iS ROAD ARCEL 17 20 T: wu 2141- —. 07S,R [7i£ 'STREET . ra.,,SO TOTAL INVOICE ITEME TOTAL INVOICES WITH DUE TOTAL INVOICES DATE OF 12/19/2011 660 660 PAGE 67 AP0642 CTYO£ INV NET AMT U/M AVT/UNIT TOTAL AMT WORK ORDER 113.68 } AMT: EA 113.66 SAULIS RH Ix. RCT: 4 DECEMBER 19, 201 1 Friday's AP640 Report Total '+ Adj for data entry errors, canceled/added PVs, Etc : PVs/Invoices Added since Friday Data entry errors $ 1,427,360.66 1,837.50 (388.907. Monday's AP640 Report Total $ 1 ,428,803.26 ACH9oo155 ACH9oo156 ACH9oo157 ACH9oo158 WORK COMP CLAIMS HOUSING AUTHORITY HOUSING AUTHORITY HOUSING AUTHORITY GROSS PAYROLL REGIONS BANK - CREDIT CARD FEES WELLS FARGO BANK - SVC CHG FOR PAYROLL DIR. DEP. USBANK - SVC CHG RIDGEWAY TOWERS REGIONS BANK - ANALYSIS FEE 1,630.10 3,956.41 267.00 347,605.72 1,401,185.03 1,133.33 3 5.0 0 634.13 138.60 Bill Payment Total $ 3,185,3 a 8.5 113.66 1,428,803.26 1, 422, 903. 26 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART The goals of the Assessment Grants are to inventory brownfield sites, conduct environmental assessments Ward 4 on priority sites, create remediation and redevelopment plans for selected sites, and utilize community RON involvement and input throughout the process. WELPER While the scope of the project is community -wide, the project will likely focus on the US 63 Corridor and Ward S the neighborhoods located in the east -side of the City of Waterloo. The ESA's will investigate properties BOB potentially impacted by hazardous substances and petroleum products to determine adverse impacts and GREENWOODpotential risks to human health and/or the environment. If contaminants are present, the city will work At -Large with EPA, and the Iowa Department of Natural Resources to address the issues through programs such as the Iowa Land Recycling program. The City of Waterloo will use its experience in brownfield reclamation STEVE to attract developers to the respective projects. This includes creating redevelopment plans for the vacant SCHrge school sites, former Schultz Manufacturing site and buildings, auto service stations, and other vacant At -Large and/or underutilized warehouse sites scattered throughout the targeted area. Expenditure Required: N/A Source of Funds: In September 2011 the City of Waterloo was awarded two (2) EPA Brownfield Assessment Grants. One grant in the amount of $200,000 is for hazardous material contamination, and the second, in the amount of $200,000 is for petroleum contamination. Policy Issue: Brownfield Redevelopment Alternative N/A Background Information: 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 CITY OF WATERLOO Council Communication City Council Meeting: November , 2011 Prepared; November 7, 2011 Dept. Head Signature: # of Attachments: *it ti/2-1126(1 _b):,2 -119/9_1t, 11101( SUBJECT: Request for Proposals for Consultant Services for the Implementation of the 2010 US 63 City Wide Petroleum and Hazardous Material Assessment Grant Submitted by: Noel Anderson -Community, Planning and Development Director Recommended City Council Action: We recommend that the City Council authorize staff to prepare plans and specs necessary for the seeking of Proposals for Consultant Services for the Implementation of the 2010 US 63 City Wide Petroleum and Hazardous Material Assessment Grant. Summary Statements In September 2011 the City of Waterloo was awarded two (2) EPA Brownfield Assessment Grants. One grant in the amount of $200,000 is for hazardous material contamination, and the second, in the amount of $200,000 is for petroleum contamination. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1369246 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 12/01/2011, in the issues of 12/01/2011 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 $19.60 Subscribed and savor, to befoae me this 6 day of SUEALA I.. C,OM�,gf 4'v;OAS f I -) 161976 fM' " V EXP IBES otary Pub Received of 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 Request: for Proposals or CONSULTANT SERVICES FOR THE.: IMPLEMENTATION OF THE 2010 US 63 CITY WIDE PETROLEUM AND HAZ- ARDOUS ASSESSMENT GRANT GRANT Sealed Regqheeet foe Proposals wdI be re-' Delved by the Clty Clerk of the City of Walerloo, Iowa at her of ice in the City_ Hall of said City nn the lylh day of De, camber 2011, until 4:0D m. for Con solium Services for fel helmplementatlon'. of the 2010 US 63 ally Wide Petroleum and Hazardous Material Assessment Grant Nallce is hereby given that the Council of the City of Waterloo Iowa will conduct a'. publm hearing an the Regueat for Pro t posel docpmenl contract etc. (neje: Services for the niplemenlalion of the 2010 US 63 City0011/ ipe Petroleum' and Hazardous MateaBAssessment Grant at 5:30 p.m, oDecember 19, 2011, in the Council Chambers in the City Hall in the CH y of Waterloo, Iowa The proposed Request for Proposal doc ument is ba the In the office of the CM/. Clerk for publlo examinagon. A Request for Proposal documenfmaybe obtained- from the Planning and Zoning Ofilce 716 Mulberry Street, Waterloo Iowa, 50703. Anyone who Is Interested may appear at said time:and place and be heard er,may; file written oblecllon wdh the CIIy Clerk Cdy Hallo. Waterloo, Iowa before the date setfor said hearing Byorderoflhe Councllov mCLLy ofWa 1 rloo th162lslday oTNovember, 2s 011 Suzy ty Clerk City Clerk..... 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 Meetings December 5, 2011 Prepared: November 30, 2011 �� � Dept. Head Signature: Aric Schroeder l # of Attachments: 'r _ SUBJECT: Request to vacate, sell and convey an approximately 120' long portion of public alley located behind the home at 624 Adams Street in Block 8 of Rose Hill Addition to Redonna Parker for $406.00 for the purpose of closing a portion of the alley and incorporating the area into the applicant's rear yard. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Set a date of hearing for a request to vacate an approximately 120' long portion of public alley located behind the home at 624 Adams Street in Block 8 of Rose Hill Addition for the purpose of closing a portion of the alley and incorporating the area into the applicant's rear yard. Staff recommends denial of the request to vacate the alley. Summary Statement: Transmitted herewith is a request to vacate, sell and convey the public alley located behind the home at 624 Adams Street in Block 8 of Rose Hill Addition for the purpose of closing a portion of the alley and incorporating the area into the applicant's rear yard. The applicant noted that she owned a portion of the alley as she purchased the vacated Wilkins Street in 1976 and could have closed down the alley any time in the last 40 years. Staff noted that the vacate in question had used a poor legal description that may have inadvertently conveyed the section that is now used as alley. By allowing the neighborhood to use the alley for the last 40 years a claim of adverse possession could be made by the neighbors to keep the alley open. The applicant noted that she had been paying taxes on that section of alley for the last 40 years. Staff is concerned with the request because of the irregularity that a portion of the alley may have inadvertently been vacated but the area has remained to be used by the public as a public alley, and the vacate request will only vacate a portion of the alley and create a dead end alley, which is against City policy. At their May 3rd meeting, the Planning and Zoning Commission recommended 7-0 with one member abstaining to deny the request. Several abutting land owners to the alley spoke in opposition to the request and members of the commission noted that the alley had been in use for 40 years and allowing the alley to be closed would create difficulty in using the remaining alley. Members also noted that vacating a section of alley would be against City CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer policy that does require the City to vacate the entire alley. At their September 19`h meeting, the Building and Grounds committee unanimously recommended to deny the request noting that the request was against City policy which requires an alley vacates to vacate the entire alley and based on the Planning and Zoning Commission Recommendation. Expenditure Required: None Source of Funds: N/A Policy Issue: Vacate portion of public alley. Alternative: Don't vacate and leave the public alley open. Legal Description: See attached Background Information: Staff would note that the applicant owns the property on both sides of the requested vacate. In addition, the applicant apparently owns a 60' long section of the alley that was obtained through the vacation of Wilkins Street in 1976 that lies directly west of the proposed vacate area. Because the applicant appears to own a section of the alley, it is unclear if the applicant could block off that section of alley or would be required to keep it open and functional. It would not appear that it was the intent to include this section of alley when the street was vacated, but the legal description does not exclude the alley portion. However, after that vacate, the alley remained opened for public use. The applicant has noted that she feels the alley is not needed and would like to prevent people from speeding down the alley. The applicant has added that a tree knocked down in a storm has been blocking the alley since early July and has not been removed. The applicant has noted that this shows the alley could be closed without any negative impact on the area. The applicant has also provided documentation showing that she owns the vacated portion of Wilkins Street and has been paying taxes on the entire portion. Staff has concerns with the request as it could negatively affect vehicular traffic conditions, as it would effectively block the alley. This would create a situation where the ends of the alley are open, but the middle is closed and no turnaround would be available. For this reason it is against City Policy to vacate a portion of an alley without vacating the entire alley. cc: Noel Anderson, Community Planning & Development Director Path: \\Alomain\waterloo \ USERS \Planning\Adam \Council Letters\letter vacate of public alley behind 624 Adams St -Council 12.5.l Ldoc BUILDING & GROUNDS COMMITTEE September 19, 2011 4:45 p.m. Council Chambers Members present: Getty, Welper. Absent: Greenwood. Moved by Welper, seconded by Getty that the Agenda, as proposed, be approved. Ayes: Two. Motion carried. Moved by Welper, seconded by Getty that request of Redonna Parker to vacate, sell and convey approximately 120 foot long portion of public alley located behind the home of 624 Adams Street located in Block 8 of Rose Hill Addition for $406.00 for the purpose of closing the alley and incorporating the area into the applicant's rear yard be denied; and forward said request to the City Council agenda to set a date for public hearing—Submitted by Aric Schroeder, City Planner, be approved. Ayes: Two. Motion carried. Noel Anderson, Community Planning and Development Director, stated the applicant vacated the street and did not omit this portion. This request does not meet the City policy to sell it. Aric Schroeder, City Planner, reported the property is being used as an alley for access and the landowners were notified. Two property owners have spoke in opposition of the request. Redonna Parker, reported that the alley is not necessary for access, be approved. Ayes: Two. Motion carried. Moved by Getty, seconded by Welper that request of Sean Duggan to purchase and move a 24' x 24' (576 square foot) detached garage from 910 West Shaulis Road in the amount of $500.00 in conjunction with property purchased as part of the West Shaulis Road Extension/Ansborough Avenue Reconstruction Project; and forward said request to the City Council agenda to set a date for public hearing—Submitted by Tim Andera, Associate Planner, be approved. Ayes: Two. Motion carried. With no further business before the Council, it was moved by Welper, seconded by Getty that the meeting be adjourned at 5:01 p.m. Ayes: Two. Motion carried. Suzy Schares City Clerk REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: PUBLIC SPACES: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: Alley Vacate —624 Adams May 3, 2011 Request to vacate a portion of the public alley directly behind 624 Adams Street in Block 8 of Rose Hill Addition. Redonna Parker The applicant is requesting to vacate an approximately 120' long section of public alley located between her home and a vacant lot she owns located across the alley for the intention of closing the alley. The request could have a negative effect on the area as it could potentially prevent one of the residents on the block from utilizing a detached garage on their property. The request could potentially have a negative impact on vehicular movements as this would effectively eliminate thru- traffic for the alley and not provide any turnarounds for the remaining portions of alley. The Martin Luther King Jr. trail runs along Martin Luther King Jr. Drive about a half mile to the south. This property is zoned "R-2" One and Two Family Residence District and has been since the adoption of the Zoning Ordinance in 1969. The request would not require any buffering by ordinance standards. The proposed vacated alley would not appear to have an adverse impact on drainage in the area. The area consists of residential home built from 1900's to 1970's. The area in question is within Zone C indicating minimal risk of flooding as established by the Federal Emergency Management Association (FEMA) Flood Insurance Rate Map dated July 3, 1985. Sullivan park lies about a half mile to the west. Storm and sanitary sewer lines are located in both Adams Street and Cottage Street. The Future Land Use Map designates the area as Low Density Residential, and this request would be in compliance with such designation. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. Pif2161 STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: Alley Vacate — 624 Adams May 3, 2011 The request is to vacate approximately 120' of alley behind the applicant's home at 624 Adams Street. The applicant owns the property on both sides of the requested vacate. In addition, the applicant owns a 60' long section of alley that was obtained through the vacation of Wilkins Street in 1976 that lies directly west of the proposed vacate area. Because the applicant owns o section of the alley, it is unclear if the applicant could block off that section of alley or would be required to keep it open and functional. The applicant has noted that she feels the alley is not needed and would like to prevent people from speeding down the alley. Staff has concerns with the request as it could negatively affect vehicular traffic conditions, as it would effectively block the alley. This would create a situation where the ends of the alley are open, but the middle is closed and no turnaround would be available. For this reason it is against City Policy to vacate a portion of an alley without vacating the entire alley. No platting is required as part of the request. Therefore, staff recommends the request to vacate a portion of the public alley directly behind her home at 624 Adams Street in Block 8 of Rose Hill Addition be denied for the following reasons: 1. The request would appear to have a negative impact vehicular traffic conditions in the area. 2. It is against City Policy to vacate only a portion of an alley. PW62 Eot a - . •• • . • • I'. • ^‘ : • -J ,•11111110 'sr Request to vacate alley behind 624 Adams Street 624 Adams Street • Alley behind 624 Adams Street Proposed Vacate Area ` d, r Cottage Street Plat Map — 624 Adams Street Vacate .•,, —CY' d • • -sr - 8" Sanitary Sewer I.' ..e. 113 N V? JO/ s Rose 11 f e ? Pi. A ...,,, '1' , 6 0 3 -V 24" Storm Sewer • 12" Sanitary Sewer • 0 Site in Question .4 7it 4:1 Page 64 Applicant( City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 ref Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement U Sale of City -Owned Property atI O ddress: %i %lwf 5, Phone NS,- -' of .5(-5-Vi 0476.O /� Desc rript��'oon of Prope Vac t e: ley between A St. & B St., South of C St.): `� �r �a y j� ' CSG GSC' o,. .451- iese44•2/0-O/G P%/3 -or-. 4W ,--0h Legal description of area to be conveye , $ ca%(or encroairc 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation - One Hundred Dollar ($100.00) Filing Fee • Easement or sidewalk vacation, or Encroachment - Fifty Dollar ($50.00) Filing Fee • Sale of city -owned property not required to be vacated -No Fee • 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 attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CORA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price - Deductions = Value of Property: Li 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 must 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: 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. p leant Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 65 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjacent property owners of right-of-way requested to be vacated and generally described as (address or general location): have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known (check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). ish to purchase from the City the entire portion of the right-of-way that adjoins ou> x We/I do not wish to purchase from i e City any portion ofjhe right -of -w (• and dale below and leave items 1-3 blank). de y.6��oe&rLai' p��y p0."0ire of adjace {property owner Date /719-01,/- of (C -C1/61 fif-ot3fe7o© hem Address Phone Sit — aej 0 --{,i �. de / 1. Offer Price [Note: If the offer price meets the Sale of Property Polley (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CUBA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give spec' attention to spelling as�these �names will be verified and transposed assubmittedonto the deg &At:/a/7a (6 %�,' an./ ,* /7, % t 3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed Please indicate the legal form you wish to be transferred in (i.e., as tenants-in- common, joint tenancy with full rights of survivorship, or as individual ownership.) �c5"-- 7 ?/7e ,7 /11 - f. D' .fl i on„ Page 66 Vacate alley behind 624 Adams Street Looking south at 624 Adams Street. Looking southwest at the vacant land owned by the applicant on the south side of the alley. Looking west down the alley at the proposed vacate area. Page 67 Legal Description Alley Vacate, Sale and Conveyance The Twenty (20) foot public alley as platted in Block Eight (8), Rose Hill Addition in the City of Waterloo, Iowa lying Easterly of a line drawn between the Northwesterly corner of Lot Nine (9) in said Block Eight (8) to the Southwesterly corner of Lot Ten (10) in said Block Eight (8) and lying Westerly of a Northerly extension of a line drawn parallel and Thirty-four (34) feet East of the East line of Lot Eight (8) in said Block Eight (8). STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1370632 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 12/15/2011, in the issues of 12/15/2011 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 $17.82 Subscribed and sworn to before me this Jc day of HD,w4J , _o,( SU' \LAW COMMISSION ('10.'7619'76 i d SS ON EXPIRES ary Public Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: COURIER NOTICE OF PUBLIC HEARING TO WHOM ITMAY CONCERN: Notice is hereby given that on the 19th: day of December, 2011, al 5:30 p.m., in:. the Council Chambers In the City Hall In the Clly of Waterloo, Iowa, a public hear' mg will be held by the Council of Ole City (Waterloo, Iowa, on the request of Re donna Parker 8o vacate, sell and convey an approximate 120 fool long portion of public alley located behind the: home al 624 Adams Street generally located In:'. Block 8 of Rose Hill Addition for $406.00'. for the purpose ofclosing a pojdlon of the alley and Incorporating the area into the. applicants rear yard, legally described:: as follows: The Twenty (20) footpublic alley as plat- ted in Block Eight (8), Rose :HID fAddition " in the City of Waledoo, Iowa lying East- erly of a line drawn between the North=' westerly corner of Lot Nine (9) in said Block Eight (8) to the Southwesterly cor- ner ofLotTen (40)insaid Block Eight (8); and lying Westerly of a Northerly exten sion of a Ilne drawn parallel and Thirty Eight(8)in 8) feet Castofthe East lige of Lot Eight (8) In said Block Eight (8), all in Stay of Waterloo, Black Hawk County. Stale of Iowa; for $408 00, plus terecoats Anyone who Is insted may app ear at said time and place and be heard or may 81e written objection with thefy Clerk, City Hail, Waterloo, Iowa, before the.".. dale set for said hearing, By order of the Council of the City of Wa- terloo this 5th day of Decembers 2011 Suzy Schares City Clerk 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 SCHMI I 1 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: 12/05/11 Prepared: 11/30/11 Dept. Head Signature: # of Attachments: LL f(16« (` limlabt! SUBJECT: Resolution approving setting date of hearing for a request by Arlin Zevenbergen to vacate, sell and convey a portion of Edgemont Avenue loco"ted between Cataract Avenue and Park Lane, with a portion to be conveyed to Arlin Zevenbergen for $16,263.83 and a portion to be conveyed to MKW Apartments LLC for $1.00 with a development agreement, subject to the retention of a utility easement over the portions as shown and described on the attached plat of survey, and subject to a condition that a proper turn -around be installed by MKW Apartements LLC on Edgemont Avenue at the north end of the vacate area prior to any additional development occurring on the portion of the vacate area conveyed to MKW Apartments LLC or the abutting land currently owned by MKW Apartments LLC. As part of the vacate, the existing storm sewer line and inlets located northerly and northeasterly of the manhole located in the southwest corner of the area to be vacated shall also be vacated and abandoned in place. The manhole and storm sewer located west of the manhole shall remain public. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval. Summary Statement: Mr. Zevenbergen is requesting that the portion of unopened Edgemont Avenue located between Cataract Avenue and Park Lane be vacated. Mr. Zevenbergen and MKW Apartments LLC, as abutting landowners, have agreed to purchase the area in question. Other abutting property owners have not expressed any interest in purchasing a portion of the excess right-of-way. The request will allow for future residential development for both property owners. The acquisition price of the vacate was calculated based on the average price per square foot of abutting land, which is $1.75 per square foot. The sale of property policy allows for the sale price to be a minimum of 70% of the calculated price, and the price may be decreased by 50% for areas located within an easement. The sale of property policy also allows for development costs to be deducted from the asking price. There is an existing water line on the west side of the north -south portion of Edgemont and along the north side of the east -west portion of Edgemont. There is also overhead electric on the south side of the east -west portion of Edgemont. Therefore an easement will need to be retained over the west half of the north -south portion of Edgemont, and over the entire portion of the east -west portion of Edgemont. The portion to be sold to MKW Apartments has a 70% CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer value of $14,994, but they are requesting to buy it for $1.00 and will enter into a development agreement for new construction with a minimum assessment value that will meet the sale of property policy. The $16,263.83 for the portion to be sold to Arlin Zevenbergen is calculated based on 100% for the portion with no easement and 50% for the portions with easement, and then development cost deductions of $300 for survey costs and $8,132 for tree and stump removal to prepare the site for redevelopment. Expenditure Required: none Source of Funds: n/a Policy Issue: Sale of land Alternative: Do not sell the land Background Information: The City of Waterloo has been working with Mr. Zevenbergen since 2007 on the potential to vacate the portion of unopened portion of Edgemont Avenue located south of Cataract Avenue and north of Park Lane. The area to be vacated includes a north - south segment and an east -west segment. There are 7 different abutting landowners, and in August of 2007 Planning staff sent notice to all abutting landowners and held a meeting to discuss the vacate. Mr. Zevenbergen and a representative for MKW Apartments LLC were the only abutting property owners in attendance. Wheaton Franciscan, owners of the land abutting to the west of the north -south segment have indicated that they do not want to acquire the portion that abuts their land, but are not opposed to the vacate request. The 4 homeowners to the south of the east -west segment have not responded to any of the correspondence regarding the vacate, and did not indicate any objection at the Planning and Zoning Commission hearing on the vacate. Because the portion of Edgemont Avenue is unopened, the road already dead ends at both ends of the proposed vacate area. But, if the area is vacated, it will preclude the segment of road from being connected, however the segment of road would not appear to be needed for proper traffic movements, and multiple residents in the area have noted their support for the vacate and desire that the road segment not be allowed to be built, primarily due to concerns that it would create a "cut through" for traffic between Park Lane and Ridgeway Avenue, particularly for students leaving or going to West High School, putting excessive traffic on a low-volume residential street. There is an existing turn -around at the south end of the vacate, but no such turn -around exists at the north end of the vacate. The road has dead ended in its current location for many years with no turn -around provided, but prior to the vacate, there has at least been the potential that the road could be extended. At their May 3, 2011 meeting, the Planning, Programming and Zoning Commission recommended approval of the vacate, subject to adequate easements being retained and subject to a turn -around being installed at the northerly dead-end of Edgemont Avenue prior to any additional development occurring on the property adjoining the vacate area. Legal Description: See Attached - two plat of survey documents cc: Noel Anderson, Community Planning & Development Director file Path: K:\USERS\ARIL-S\City of Waterloo\council letters\Vacate-Dedicate-EncroachemntStreet Naming -conveyance \11.30.11 Council Communication Vacate of Edgemont Ave.doc Request to Vacate Edgemont Ave South of Cataract Ave ',CATARACTAVE ',. ovenan • Medica MKW Acquisition Area pi.Rdtoi SF Total Area 6,eao SF Easement Area $'14,44,‘ Asking Price Zevenbergen Acquisition Area A.316dk SF Total Area Moos SF Easement Area $24,695:83 Asking Price Zevenbergen Vacate Area �j MKW Vacate Area 11111 Easements Required Storm Sewer inlets Storm Sewer Manhole (not found) Storm Sewer Fire Hydrant Storm Sewer Inlets Fire Hydrant Storm Sewer Manhole (found) Overhead Electric 50 25 0 50 100 N W: g ere map mu source Is Mack Hank This map deer na ond• ... Gel v y assLer omomoy the data kFneaie a eak esp ssodor sy Mack Honk t he Black Hark Camay Assessor. Thu nt oiled -dream fuerrwBtor implied.s ..oB..y arro Won-nation noho onnk mop, end .BynuyMorro Felony for rho ▪ «,arr116B,ilium should mho maael prate, wn.s,eddssds. otoN B lack County Assessors Moo log oo,mg.(e and mcwnerbWormer.,ern. REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USES: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: May 3, 2011 The applicant requests approval to vacate the portion of undeveloped right-of-way of Edgemont Avenue located approximately 350 feet south of Cataract Avenue and north of Southaven Addition, to allow for future residential development. Arlin Zevenbergen, 346 E. Ridgeway Ave. The applicant requests approval of the vacate of the portion of Edgemont Avenue to allow for future residential development. Edgemont Avenue currently dead -ends approximately 350 feet south of Cataract Avenue, and approximately 800 feet north of Park Lane. The right-of-way for EdgemontAvenue extends from Cataract to Park, but there are currently no plans to construct the missing segment of street, so the applicant is requesting that the undeveloped portion be vacated. The request would not appear to have a negative impact on the neighborhood. The street has existed with the undeveloped portion for a very long time (at least since the 1960's). Indication from many of the adjacent landowners has been that the missing segment should not be developed, as it could create a short cut between Park Lane and Ridgeway Avenue adjacent to West High School, and would cause a significant increase in the amount of traffic through the residential area. Ridgeway Avenue to the north and Kimball Avenue to the west are both classified as a Minor Arterial. EdgemontAvenue, Cataract Avenue and Park Lane are classified as local streets. There are no pedestrian paths in the immediate vicinity, with the closest sidewalks located on Park Lane to the south and Ridgeway Avenue to the north. There are no recreational trails in the immediate vicinity. Future plans include a trail along Kimball Avenue to the west. The property in question and surrounding properties are zoned "R-2" One and Two Family Residence District, "R-3"Multiple Residence District, "R-4" Multiple Residence District, and "S-1" Shopping Center Commercial District. The properties have been zoned as such since adoption of the Zoning Ordinance in 1969. The area was predominantly developed in the 1960's, with some more recently occurring developments. No buffers or screening would appear to be needed. There are no known drainage problems with this site. There is a storm sewer located within a portion of the area requested to be vacated, and an easement would need to be retained. No portion of the site is located within the 100 -year floodplain as indicated by the Flood Insurance Rate Map No. 190025 012. West High School is located approximately 2 blocks to the north, and Bontrager Park is located approximately'/ mile to the southeast. staff 05-03-11 Vacate of Edgemont Ave South of Cataract.doc Page 53 Page 1 of 3 May 3, 2011 UTILITIES: WATER, There is an existing 10" storm sewer line located along the west side SANITARY SEWER, of the north/south portion of Edgemont Avenue. There is a 6" water STORM SEWER, ETC. line along the west side of the north/south portion and along the north side of the east/west portion of Edgemont Avenue. An easement will need to be retained over portions of the area to be vacated. The applicant is pursuing the option to relocate the water line. RELATIONSHIP TO The Future Land Use Map designates this site for mixed residential COMPREHENSIVE and commercial. The site is located in the Primary Growth Area as LAND USE PLAN: designated on the Growth Area Map within the Comprehensive Plan. The use of the site for future residential development is in conformance with the Future Land Use Map and Comprehensive Plan. STAFF ANALYSIS — The area requested to be vacated is right-of-way for Edgemont ZONING ORDINANCE: Avenue, but in an areas where no street has ever been developed. Edgemont Avenue extends south of Cataract Avenue about 350 feet where it dead -ends mid -block adjacent to the apartment complex known as Carriage Hill Apartments. There is no turn -around at this end. Edgemont Avenue extends north of Park Lane about 800 feet where it dead -ends near a single family home at 2512 Edgemont Avenue, just west of a cell tower constructed with camouflage design as a flag pole. There is a turn -around at this end. The right-of-way for Edgemont was designed so that the street could be connected and be a "thru street", but this segment has never been constructed. There are 7 different property owners with land that is abutting the area to be vacated, including the applicant Mr. Zevenbergen, MKW Apartment LLC (owner of Carriage Hill Apartments), Covenant Medical (owner of 200 E Ridgeway, which has land that abuts Edgemont), and 4 single family dwellings to the south. The applicant initially inquired about vacating and purchasing the area in question back in 2007, and at that time a meeting was arranged with staff and all of the abutting landowners. At that time, Covenant Medical indicated that they were not opposed to the vacate and did not want to acquire any of the area to be vacated. The owners of the 4 single-family homes did not attend the meeting and did not provide any comment. Mr. Zevenbergen and a representative for MKWApartment LLC were in attendance and discussed intent to each acquire the portion of Edgemont Avenue adjacent to their respective properties. Mr. Zevenbergen has recently constructed a 3 -unit residential building on his property, and has indicated that he does not have immediate plans for additional development but wants to acquire the area to clean it up and keep it properly maintained, and would have the potential for additional residential development in the future. City Policy has been that if a street dead -ends, but has the right-of-way and is planned to be extended in the future, a permanent turn -around is not required, but if the right-of-way is vacated and the road is not going to be extended, then a permanent turn -around is required. The applicant is requesting that the area be vacated without an additional turn -around being installed, and has indicated that the road has existing with no turn -around at the dead-end since at least as far back as the 1960's. Alternatively, the vacate could be allowed with a requirement that the turn -around would be built when additional development occurs on staff 05-03-11 Vacate of Edgemont Ave South of Cataract.doc Page 54 Page 2 of 3 May 3, 2011 one of the properties adjoining the vacate area. STAFF Therefore staff recommends that the request to vacate the portion of RECOMMENDATION: Edgemont Avenue be approved for the following reason: 1. The request would not appear to have a negative impact on the area. 2. The request is in conformance with the Future Land Use Map and Comprehensive Plan. 3. The area would not appear to be needed for present or future road purposes, as there does not appear to be any intention to complete the road connection. And subject to the following conditions: 1. That adequate easements be retained to existing utilities within the area to be vacated. 2. That a turn -around be installed at the northerly dead-end of Edgemont Avenue prior to any additional development occurring on any of the properties adjoining the vacate area. staff 05-03-11 Vacate of Edgemont Ave South of Cataract.doc Page 55 Page 3 of 3 City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 U 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:4r m Zeve�vL Adelre : S G f .PdG 1 D I / F �v�} Phone No.: �� � ` !��.S General Description of Property to Vacated (i.e.- alley between A St. & B St, South of C St.): Legal description of area to be conveyed, vacated, or encroached: 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Dollar ($100.00) Filing Fee • Easement or sidewalk vacation, or Encroachment - Fifty Dollar ($50.00) Filing Fee • Sale of city -owned property not required to be vacated — No Fee • 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 attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & mise, 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 must 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: 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. afrer, Applicant /s`— le Date *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 58 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjacent property owners of right-of-way requested to be vacated and generally described as (address or general location): Edgemont Ave. , have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known (check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). X We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half (sign and date below and complete items 1-3). We/I do not wish to purchase from the City any portion of the right-of-way (sign and date below and leave items 1-3 blank). 7 _ LL -G 1-Y% r' l�.<=.�.N4/i./--�-t-T1J-tii/ Signature of adjaent property ownet' 346 E. Ridgeway Ave Waterloo, Ia. 50702 Address 11-30-11 Date 319-232-4050 Phone 1. 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 attached Sale of Property Policy for how calculated): _4 LI) 1338,86 Deductions ® May decrease price by 50% for area located within an easement: 4 16, 6143.63 ® May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): O Costs (surveying & misc., demolition, remove of curbs, etc): 4 8, 4 32,. O0 Asking price - Deductions = Value of Property: 3 i 6t 243, 83 Offer Price for Portion of Alley You Intend to Purchase: $16,263.83 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) Arlin Zevenbergen and Dolores Zevenbergen 3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in (axtna nargkAik onnsmun, joint tenancy with full rights of survivorship, uaascktdicviobato tt¢taitic)C Plat Map — Zevenbergen Vacate Private Sewer Line Site in Question iv/vie prtivivrE FGS.Za00-L10 r 10" Storm Sewer 4" Drain Tile Page 57 Vacate- Undeveloped portion of Edgemont Avenue Right -of -Way Looking west at the undeveloped Edgemont right-of-way proposed to be vacated. Looking north condos north of vacate area. Looking south nearby residences. Looking south from the north side of the proposed vacate area. Page 59 Vacate- Undeveloped portion of Edgemont Avenue Right -of -Way Looking east from the northern most portion of the proposed vacate area at Carriage Hill Apartments. Looking west at parking area from northernmost portion of proposed vacate area. Page 60 144.0' 111-RFE (3) S0CNY 19000 FRAME/BRICK VENEER 24 u0r APARTMENT 0811.0010 0100. Arca: 7,212.0 89. PT. KOC( WALL 01/14110/04010010 PERIMETER FENCE P.C. CWIWEIE 000. 860( (60 00) N89'5 j'00"E MIMING POO 080000110 MASONRY) POOL AREA: 1.713.7 s0. FT. 89'5700 (6o.po) Iu 0' 00E0mFRAME/004 STORY 24 UNIT APARTMENT BUILDING BIOS. AREA: 7,2146 50. Er. i I--' -i //i ////,,,,/, i,/' �'cz,��„ 0'm r z D `'n '"CKo Y D Pvi 0 CAI PDE mem t9PO 9l'i 0 — I ym -dam®r r O > n y z -• ACC SURFACED EASEMENT m O o »'9_ I , 1 1 PARKINS LOT & DRIVE \ 4 n 9 H o W\ I 1 1 1 1 i 1615rAry0 ) P8$000 SPPceA I 1 1 1 1 I '< M d L I I j_OEA$T N84571 0'IE) 1 I 1 1 1 I 1 I I (295.031 --4Is-(4 3 — _ —I6�'- — 31.49' Po 464 w Uaa10( I"- 14).0'1v1u,WMp[q G1I?0 AE GPs E IEA�,F 1149314424 i U'89R FT 90423¢ w3906 •;"� Egi F. /17 E23 MCA 1639029411 099151910.10a01;.0 IE@4/g9 109300.1 6390 RR 56- 9SLMft (06 : 8 MIT R tij OLM T s r —1 I ' a A.C.C. PAD AREA 106400. /// DSa ge 0 9 qi yy <, 30 FT. 84006 YARD 3046A424 UNE N \ \ 90E YARD SETBACK'UBE c-WisT (589'57'00"w) §Bz (27283') 180.50') 300- 6)INCN WADER NMI ID2823,2 20. FT. �9)TORM W. 0.542 ACRES MMEE�D PARCEL "H" 70 LOT 10 EASEMENT AREA: 19.020.0 S0. R, 00 0.437 AWES CENIE L04E 6D FT. 00900 PICK OF WAY CUR.&'N1LY NOT OPEN - UNOEVELDPEo NET AREA: 9'S]'CO'E 4.001.454 FL ( ) CR 0.105 ACRES (220.38') 0 o0 o O O 70' Pa[ 75' 0/04241. LOT 11 SOUTHAVEN LOT 12 ADDITION S 95.4' NRMI? POLE W/IDEM: I 0 095 z 1 Vg VI A II n� ' X606 fi z 0 P d LOT 13 Leoema�.. O L ID FT. 080E YARD 2100800 m P.C.C. ORM 8000 000007 0043 9d 140.0' (140.44') WEST (58957'00"W) OMEN/ PEER: 910001 L 0IX0. 0.007 0813-02-152-002 KOMI* OCC 2003 - 004349 LOT 14 SOUTHAVEN ADDITII 47643.60.0 IHEREBY 4 WAS PREP PEBFORNE SUPERVIA1 SURVEYOR <IRK 0. E5 MY 0CEN1 FACES 025.1 WES 1310 MAN Kirk D. Eschlimon, P.L.S. lowo Lic. No. 9961, 819 Sycamore Street, Waterloo, Iowa 50703-4729 — Phone: 319-234-0509 PLAT OF SURVEY: PARCEL "G" PARCEL "A" NW FRACTIONAL. 1/4 SEC. 03, T88N, R13W CITY OF WATERLOO BLACK HAWK COUNTY STATE OF IOWA CQ T CF BE0NMN0 rouNNo IJY IPIN N1NW4 -- 99961'P 415 (413.60') EAST (1,89'57'00"E) PARCEL "B" LEGAL DESCRIPTION: A SURVEY OF PARCEL "G" IN THE NW FRAC. 1/4 OF SEC. 03, T88N, R13W OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF PARCEL "A" OF SAID NW FRAC. 1/4, ALSO BEING THE NORTHWEST CORNER OF PARCEL "B" OF SAID NW FRAC. 1/4; THENCE N00'06'53"W, 204.00 FEET ALONG THE EASTERLY RIGHT OF WAY LINE OF VACATED EDGEMONT AVENUE TO A POINT; THENCE S89157'00"W, 60.00 FEET TO THE WESTERLY RIGHT OF WAY LINE OF EDGEMONT AVENUE; THENCE 5003S53"E, 204.00 FEET ALONG THE WESTERLY RIGHT OF WAY LINE OF VACATED EDGEMONT AVENUE TO A POINT; THENCE N89'57'00"E, 60.00 FEET TO THE POINT OF BEGINNING, CONTAINING 12,240.00 SO. FT. OR 0.028 ACRES. THE CITY OF WATERLOO WILL RETAIN A PUBLIC UTILITY EASEMENT OVER THE WEST HALF OF REFERENCED PARCEL "G" FOR CURRENT AND FUTURE PUBLIC UTILITY USE. GRAPHIC SCALE 50 100 1 Inch = 50 Ft. "4" DENOTES ASSUMED BEARING 19" DENOTES MONUMENT FOUND "0" DENOTES MONUMENT SET 0.00' DENOTES RECORD DIMENSION (0.00') DENOTES FIELD DIMENSION THIS PLAT OR SUBDIVISION HAS BEEN REVIEWED 8Y THE CITY OF WATERLOO. CITY PLANNER OR DESIGNEE DATE 1 HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFOR��;;,__ OR UNDER MY DIRECT PERSONAL SUPE' .• .� ' ` AM A DULY LICENSED LAND SfJRV J " �,,9:Yi ` ¢. WS OF THE STATE OF IOWA. II43/w1i K RK D. ESCHLIMAN, P.L.S. IOWA LIC. NO. 9961 MY LICENSE RENEWAL DATE I5 DECEMBER 31, 2011 PAGES OR SHEETS COVERED 8Y 11-115 SIGNATURE & SEAL SHEET 1 OF 1 KF SS & ASSOCTAT N-i'S, INC. 819 SYCAMORE 5T., WATERLOO, IOWA 50703-4729 PHONE: (319) 234-0509 CURRENT OWNER: CITY OF WATERLOO PER BLACK HAWK COUNTY RECORDER'S OFFICE:DEED BOOK 481, PAGE 219 FOR: CITY OF WATERLOO UNASSIGNED ADDRESS EDGEMONT AVE. WATERLOO, IOWA 50702 REQ. BY: ARLIN ZEVENBERGEN WATERLOO, IOWA DATE OF FIELD WORK: 11/21/2011 DWG. DATE: 11/23/2011 DRAWN 8Y: KBE/CJP CADD [11E: IIB77PSI.DWG PROJECT NO.: 11877 11 Kirk D. Eschliman, P.L.S. lowo Lic. No. 9961, 819 Sycamore Street, Waterloo, lowo 50703-4729 - Phone: 319-234-0509 SS & ASSOCIATES, INC. 819 SYCAMORE ST., WATERLOO, IOWA 50703-4729 PHONE: (319) 234-0509 DATE OF FIELD WORK: 11/21/2011 DWG. DATE: 11/23/2011 DRAWN BY: KDE/CJP CADD FILE: 11 77P51.DWG PROJECT NO.: 11877 (589'5'00"W) (60 PLAT p0) OF SURVEY: PARCEL 99 H" PARCEL "A" J > A Mj� ' .0V R?NI mo ^282L q.� r x,- 0 4 a - !" 'bo z w , e 415' (413.60) r mr EAST (N89'57'00"E) I PARCEL "R" NW FRACTIONAL. 1/4 SEC. 03, T88N, R13W CITY OF WATERLOO BLACK HAWK COUNTY STATE OF IOWA ,Inliw ' (180.50`) / ,TOTu cIRyEY \Saa's7'00'W) i v.eri verso a 11 o 09.11542 Ca 5. „PARCEL "Ll„ $ N o •m •vi 3 0 '000.104Awk. _ VACATED EDGEMONT AVE o .P OR 0.437 ORES GNIE9YXEAofr P aQC/Rw1i W Y #r GVRR00LY,M1'0T IXFN vlNb4ElWEa t T AR's/ g$- M8557 0OE) 'p nam,wi,220.3$"•.• m II ?� Yfs ^` 70' LOT 10 A SURVEY OF PARCEL HAWK COUNTY, STATE BEGINNING AT THE NW FRAC. 1/4; THENCE 213.26 FEET ALONG LOT LINE OF LOT N00'00'00"E, 60.00 PARCEL "B' OF SAID OF WAY UNE OF SAID EASTERLY RIGHT OF THE CITY OF WATERLOO REFERENCED PARCEL GRAPHIC 0 50 70' LOT 11 SOUTHAVEN LEGAL "H" IN THE NW FRAC. OF IOWA, MORE PARTICULARLY SOUTHWEST CORNER OF PARCEL S89'5700"W, 60.00 FEET SAID WESTERLY RIGHT OF 10 IN SOUTHAVEN ADDI1108; FEET TO THE NORTHERLY NW FRAC. I/4; THENCE VACATED EDGEMONT AVENUE; WAY LINE, TO THE POINT WILL RETAIN AN PUBLIC "H• FOR CURRENT AND FUTURE SCALE 100 75' LOT 12 ADDITION DESCRIPTION. 1/4 OF SEC. 03, T88N, 813W DESCRIBED AS FOLLOWS: "A" OF SAID NW FRAC. TO THE WESTERLY RIGHT WAY, TO THE SOUTHERLY RIGHT THENCE N89'57'001, 220.38 RIGHT OF WAY LME OF VACATED 589'57'00"E, 180.50 FEET ALONG THENCE N00'06'53"W, 153.26 OF BEGINNING, CONTAINING 23,622.29 UTILITY EASEMENT OVER THE PUBLIC U1TUTY USE. "*" DENOTES ASSUMED "®" DENOTES MONUMENT •'O" DENOTES MONUMENT —�o LOT 13 OF THE FIFTH PRINCIPAL MERIDIAN, CITY 1/4, ALSO BEING THE NORTHWEST CORNER OF WAY UNE OF VACATED EDGEMONT AVENUE; OF WAY OF EDGEMONT AVENUE, ALSO FEET ALONG SAID SOUTHERLY RIGHT OF EDGEMONT AVENUE, ALSO BEING THE SAID NORTHERLY RIGHT OF WAY UNE, FEET (RECORDED A5 NORM, 153.09 5Q. FT. OR 0.542 ACRES. SOUTHERLY 60.00 FEET AND THE WESTERLY BEARING THIS PLAT OR FOUND REVIEWED BY SET �"°' OF WATERLOO, OF PARCEL THENCE BEING THE WAY, TO SOUTHERLY TO THE FEET), 30.00 SUBDIVISION THE CITY BLACK "B" OF 500'06'53"E, NORTHERLY A POINT; THENCE UNE OF EASTERLY RICHT ALONG SAID FEET OF HAS BEEN OF WATERLOO. - n'a 94 of SAID ---`-i 0.00' DENOTES RECORD DIMENSION CITY PLANNER OR DESIGNEE DATE 1 Inch = 50 Ft, (0.001) DENOTES FIELD DIMENSION i I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPER 1SI0,N ANEW- _T I AM A DULY LICENSED LAND 4{PI �SU� YOR a : i - 5 OF THE STATE OF IOWA. ,,.••'"%"FX", 54°,..••••s90''' :,cA \' -" Kirk D. s'A' *:Eechiimani*' 9961 p s CURRENT OWNER: CITY OF WATERLOO PER BLACK HAWK COUNTY RECORDER'S OFFICE:DEED BOOK 481, PAGE 219 FOR: CITY OF WATERLOO y A.M. ���.. r . I1/Zp/7.011 "•..,,...•••' UNASSIGNED ADDRESS EDGEMONT AVE WATERLOO, IOWA 50702 KIRK D. ESCHLIMAN, P.L.S. IOWA LIC. NO. 9961 MY LICENSE RENEWAL DATE I5 DECEMBER 31, 2011 PAGES OR SHEETS COVERED 8Y THIS SIGNATURE & SEAL SHEET 1 OF 1 fp , . '• - REO. BY: ARLtN ZEVENBERGEN WATERLOO, IOWA SS & ASSOCIATES, INC. 819 SYCAMORE ST., WATERLOO, IOWA 50703-4729 PHONE: (319) 234-0509 DATE OF FIELD WORK: 11/21/2011 DWG. DATE: 11/23/2011 DRAWN BY: KDE/CJP CADD FILE: 11 77P51.DWG PROJECT NO.: 11877 STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1370633 NOTICE OF PUBLIC HEARING TO WHOM IT notice was published in the WATERLOO/CEDAR FALLS COURIER a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 12/15/2011, in the issues of 12/15/2011 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 $52.57 Sig ed Subscribed and sworn to before me this /9 day of a .3U@��I T€,sE(rzX .T ti °vo- �C-ONISJIISSION i. I! 976 L, ILES otak y Pub i AO Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is Hereby given that en the 191 h day of December 2011, at 5:30 p m„ Int'. the Council Chambers In the City Hall In the City of Waterloo Iowa, apublicheae:{ ing will be: held by the Council of the City of Waterloo. Iowa, on the requestof Arlin Zevenbergen to vacate, sell and convey:' a partlon of Edgemont Avenuo located between Gala reel Avenue and Park Lane, witha portion to be conveyed to= Arlin Zevenbergen for $16263.83:and a: portlon 10 dbe conveyed to,MKW Apart -:-1 meets LLC for $1.00 and enter Into a f development agreement subject to the retention of a utility easement over oer : rain portions and subject to certain con ditions, legally described as follows. PARCEL 0 A SURVEYOF PARCEL 'G", IN THEN W FRAC.1/4 OF SEC,03, T88N, R13W` OF THE FIFTH PRINCIPAL: MERIDIAN, CITY OF WATERLOO, BLACK HAWX COUNTYPARTICL/LARLY DESCR TATE OF BED • AS I FOLLOWS; BEGINNING AT THE SOUTHWEST CORNER OF PARCEL "A" OF SAID NW FRAC. 114, ALSO BEING THE NORTH- WEST CORNER OF PARCEL "8" OF':I SAID NW FRAC, 1/4;THENCE;' N00'96'5314/, 204.00 FEET AL0NG THE EASTERLY RIGHT 0F; WAY LINE OF VACATED EDGEMONTAVENUETO A THENCE 889 5100S 60.00 FOINT: E T TO THE WESTERLY< RIGHT OF WAY LINE OF EDGEMONT AVENUE; THENCE 800`=06'53"E,y: 204.09 FEET ALONG THE WESTERLY' RIGHT OF WAY LINE OF VACATED EDGEMONT AVENUE TO A POINT; THENCE N89°57 00"E, 60.00 FEET TO THE POINT OF BEGINNING, CON- TAINING 12,240.00 SQ. FT. OR 0 028 ACRES. THE CITY OF WATERLOO WILL RE- TAIN A PUBLIC UTILITY EASEMENT OVER THE WEST HALFOF REFER- ENCED PARCEL '0" FOR CURRENT::: AND FUTURE PUBLIC UTILITY USE,'. ALL IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF'. TO MKW APARTMENTS LLC FOR $1.00, P108 COSTS. AN PARDCELH A SURVEY OF PARCEL "H" IN THE NW FRAC. 1/4 OF SEC 03,T88N, R13W OF THE FIFTH PRINCIPAL MERIDIAN, CITY OF WATERLOO, BLACK HAWK COUNTY, STATE OF IOWA, MORE PARTICULARLY DESCRIBED AS. FOLLOWS: BEGINNING'S AT THE SOUTHWEST CORNER OF PARCEL "A' OF°SA D NW FRAC. 1/4, ALSO BEING THE ;NORTH WEST CORNER OF PARCEL'8' 01' SAID NW FRAC. 1/4, THENCE:I 889°57"00°W 60 00 FEET. TO THE WESTERLY RIGHT O1 WAY LINE OF: VACATED EDGEMONT 0653 E, 213,26 THENCE 800 06 53 E, 213126 FEET:. ALONG SAID'. WESTERLY RIGHT OF. WAY, TO THE SOUTHERLY RIGHT OWAY OF EDEMONT FI BEING THEGNORTHERLY LOT LIALNE OF LOT 10 IN SOUTHAVEN ADDI-( TION; THENCE N89°57'00"7, 220.38 :I FEET ALONG SAID SOUTHERLY RIGHT OF WAY, TOA POINT, THENCE N00"00'00"E 60.00 FEET TO THE': NORTHERLY: RIGHT OF WAY OF' :. VACATED EDGEMONTAVENUE,Y' ALSO BEING THE SOUTHERLY LINE.', OF PARCEL "B' OF SAID NW FRAC, 1/4; THENCE S69'57 00°E 180,50" FEET ALONG SAID NORTHERLY RIGHT OF WAY LINE, TO THE EAST- ERLY RIGHT OF WAY LINE OF SAID: VACATED EDGEMONTAVENUE;: THENCE N00'06'53"W, 153.26 FEETi (RECORDED AS NORTH, 153.09" FEET), ALONG SAID EASTERLY': RIGHT OF WAY LINE, TO THE PO I N T OF BEGINNING. CONTAINING':% 23,622 29 SQ, FT, OR 0.542 ACRES. THE CITY OF WATERLOO WILL RE TAIN AN PUBLIC UTILITY EASEMENT OVER THE SOUTHERLY 60,00 FEET'. AND THE WESTERLY 30.0UBL0. FEET OF REFERENCEDPARCEL'H° FOR CUR='. RENT AND FUTURE PIC UT LITY OFUSEIOWA; ALL IN THE CITY OF WATER- LOO. BLACK HAWK COUNTY, STATE TOARLINLUS COSTS. FOR $16,263.83, PLUS COSTS. Anyone who is Interested may appear al said bine and place and be beard0 may file written oblectlon wllh the City Clerk (City Hell, Waterloo, Iowa before the dale set for said hearing. 8y order of the Council of the Clly 0 terloo this 51h day of December, 20 1. Suzy Schares City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Wad QUENTIN HART Ward 4 RON W ELPER 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 CITY OF WATERLOO Council Communication City Council Meeting: December 19, 2011 Prepared: December 16, 2011 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 ( SUBJECT: Resolution approving the Development Agreement for JSA Development, LLC for the redevelopment of over 26 parcels in Downtown Waterloo, with a rise in taxable value of over $2.4 million and 100% tax rebates for 7 years; and authorize Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving Development Agreement Summary Statement: As you are probably aware, JSA Development has been working for the redevelopment of several parcels in Downtown Waterloo. This development agreement would work to offer the City's incentive programs for projects in Downtown Waterloo for several parcels all at one time. As you can see, this is a significant investment in Downtown Waterloo by JSA Development, raising the taxable value from $4,956,050 to $7,367,740 --- an investment of over $2,411,690. The City of Waterloo's policy on redevelopment incentives in Downtown Waterloo ranges from 5 years at 100% to 10 years at 100%, depending upon the amount of investment and rise in taxable value. If the rise in taxable value has been over 4 times the amount in new taxable value, the City has gone up to 7 years at 100%, when it has been significantly larger or a very large project, the City has gone to the 10 -year amount. A smaller standard project is generally at the 5 years at 100% amount. This agreement is unique in that many of the projects have been started prior to the January 1, 2010 base value date noted in the agreement. This allows for the City to gain taxable revenue from many of these projects prior to the tax rebate incentives CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer outlined in this agreement taking effect. This gives the developer the incentive and reward for their investment and future investment, while also providing the City with funds for continued improvements in Downtown Waterloo in the current timeframe. This agreement also calls for future projects to be eligible for the tax rebate program, with a timeline for the continuing development of Downtown Waterloo. For that reason, the 7 years at '100% rebate amount is recommended for approval for this mass agreement. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: Many of the improvements listed on this agreement have been significant projects leading to further private investment from JSA and other investors in Downtown Waterloo. Many of these projects work towards many of the goals and strategies of the City of Waterloo Downtown Master Plan and Comprehensive Pan, which guide growth and development for the City of Waterloo. Projects in the agreement include: HQAA headquarters, Jameson's Pub, the Fowler building — leading to the Screaming Eagle, RePass Building, Asquith Building, Newton's Paradise Cafe, the Convention and Visitor's Building, My Thai, the renovations to the former VFW building, the former Mandarin site, and many more. The City of Waterloo has economic development policies in place, and this project would meet the criteria for the development agreement as submitted. N a a O U • w Pg=u- to Qo 0 a c m m J 3 J 3 O v 3 a Q ✓ >v Q cm ¢ x m, w Values as of 1/1/10 and Minimum Assessed Value to> - _i 0 0 X W F 3 oI- co p� L1- in M IL m Z a M E r a Y N M Z LL. N H Y D H H Z mw_ amMJ mOLLtJM m m EYN ama (aa/1XFmW m HN �U(N�Nm Na> } OMJ WWOS3 MLi-3 1-0 HOZ a" O O r WZ nOmOm M M JONJ H N W Ym mO3Z OO O oY -100 MY HJYLLY JO XLL YLLJXN 21127-17W WN 0LLLLmLLrHOWLL WM0om mW HHMr00c0 Um .NO Nm p OOr O(8N HM (nm �i 551'yorHN W N HHW °'HWMH OY _N d." ti. JO off o__. zmJFYJ 0m 0z} 00HriZLLJQYO HHH HHLLJ Hv (0EJ KKLLNHOHHJH N LL LL LL LL LL LL O m LL O qj+ H LL O O M" LL N a Z m LL Ja N N o ci m in Om J r J N m V m N N d'} m W h O J WWHOW ZZmZWZZJZ 00 <WH JJmmZ®ze 0 EE W <0 m 0 o ug W EH m m ug W OOOOOOOOOHHHHHOO 000 ww00000 oo OOOO00000ZZZZZOO 000 ®000000200 WWWWWWWWW WW WWW zZWWWWW-WW w W W w W W W W W 2 2 2 2 2 W W tutu O O W W W W W 2 W W QQQQQQQQQ » » Q QQQ mryQQ<QQOH¢a 333333333ZZzzz33 333 5533333033 5355353350000055 333 2255555°55 00000 aaaaaaaaazzZZZaa aaa Q¢aaaaamaa ...,-,_.,00000 J J J J J a' a' J J J J J S J J QQQ¢QQQQQUUUUUQ¢ ¢¢¢ Ww<Q¢¢¢HQQ 222222222 ZZwWWzZz aazzzzzvzz 000000000,wwmm('l C7-OC7-U' x1-633'-U'OW-OC9 mm«<wm _ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Z Z m m m m m N m m 0000000000000000 000 YYOOOOOMOO 0 C>> O O ON 23 Q 000000000 O0 N O M M O M W R N ,"- N M 0000 NI -00.-0000W 0N V r r O SIN) N '- NN 0000000000000000 raa 0 M M_ O NOO M O_ O OJ n W M M m n M n n O M V N N M O arra M 0 O 0) O M M M O r 2- N V O 0 0 0 0 0 0 0 0 0 0 0 0 0 (004 0 M O V ( m F M M h M M 0 V'M O N N M V O M m m M M 00001-71-70(5.-00-4,0 0 M M N 0 N n N 0 N O r V r V m 0 000 Q 2-02 m M r N N m ` N 0 0 0 M 0 0 0 a V M N (00(0 0 m V M O M F201 M Ma 0 V t40 0 comm t N N N MaVaa1-W1-m0 n M V M W N 0 h m n 0011 MMV -'(OQ0'-r N N N M r m 00000 N 0 V n 0 N M 1-m m V V M 0 a r m V V (660N:6,-0060 (0 M 0 N:6,- m m N N N M N O r m 2- r r 0000000000 O N00O1NNr00(01 OJ M0'0000)1 -ON 2 -Nara M H m Q m m N m K *Mir 0 HHHHHHH 2 H mmmmmmm ¢ m 2 Z Z Z Z Z U } OL-OOOOON} H m HHHHm N m m m m m W m m m m m W V H H HHH m m m m m m N mmmmm it w til HSLLmLLM aM LL(O LLMLLU (No m V HHHHHHc1Hm mmmHHHHLLLLLLpO vFImmV VVWmmO SVVVW]00WW0HWWWW( Q0 wSW SSWwW3SS0 E prONppOyVVVMMOOVNOMMNN WS MOMNQnM0M0N N0NOONONNNNNNO3NM ]r2WN WWNNOM7WWMp VN > mQ rNNNMMMNM MNM OO NNNNOr N N N N M M M M O M a c U0 J J O J J y W W o K re 0 Zi a a JJ 00 0 000000000 J J J J z J J 5 J J z J J JdJJ aJ �E �� zzZHZZZZZ z HH-HHHz3HHHHHHHH H WU CWW5WWmWWWWWWOWWWWW00000Wo c22Wr2rc0JJJJJ2J co 2w Hz u r2 2 J J 2 2 Y '2 r2 0 aaa'oaaaaa a ¢Uap omm55ao_iyama OOOa00000¢QQaQO� E<Oa =0001-00 _1-1aQ 000 '�'»Wm»»WHHHHHj0 E„,,w 0ww wwZ»> aOOO-'DOOOOmmmmmOQ O N�OJ �OOmm000000 �N(¢/1 u¢jO NtQ/1 lQ/J (¢/1 !¢nmmmmmyy H 2=Ww >000www=ww< U-i.Infln n»0r10 0400) as -ill- d�OLLLL.-)JOS-) O p r a r O r m n O N M M Oran O N M W m M M V N n V N O 00004040)000),-0 C r ` O O r N O N r N 00000000000000000 000 0099909999 W N M M M N N N W r n n n n O N 0( N N NN N M N N N ? M M r r N N O) N O N O O 0OOM0OMMMMNnnnnnmO OOMMMMVMMM MMM N NV wrrr LL MMMMMMCJ Q a1-NoVNVONV0ONMNN ;SOPA “nNKV804VNV 5 oicioi mmAn c'i(noi o Cin nn n 3MMM 3m cin mmmcimcici 00 W W 0 TO) W 0 TO) O �00mM0mOm0Mmm 0rn m00 0] W W 6 W O MmmmmMMMmmrn 12/16/2011 16:13 3192329579 CBW&H ATTORNEYS PAGE 02/15 RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN JSA DEVELOPMENT, LLC, AND THE CITY OF WATERLOO, IOWA. WHEREAS, JSA Development, LLC and its affiliates have and will redevelop property in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area, and this redevelopment presents a cohesive plan to the actual or proposed redevelopment of over 25 parcels in the central business district, and WHEREAS, JSA Development, LLC and its affiliates have contributed significantly to the economic vitality and viability of Downtown and this vitality is necessary to fully leverage the City's investment in public infrastructure, and - WHEREAS,JSA_D.evelopment,.._LLC..and._its_affiliates_.and the Cityof. Waterloo,_ Iowa, feel it is in the best interest of both parties to execute a Development Agreement between the parties regarding the development and use of said real estate as well as other matters, and WHEREAS, the City of Waterloo declares that this project qualifies for incentives as authorized under Chapter 15A and Chapter 403 in the Code of Iowa and the Downtown Waterloo Urban Renewal and Redevelopment Plan, and WHEREAS, the City Council of the City of Waterloo, Iowa, has considered the Development Agreement, a copy of which is hereto attached, finds that the disbursement of public funds for the purposes described in said agreement will reasonably accomplish a public purpose, and deems it in the best interest of the City of Waterloo, Iowa, to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waterloo, Iowa, that the Development Agreement between JSA Development, LLC and the City of Waterloo, Iowa, a copy of which is hereto attached, is hereby approved and the Mayor and City Clerk are hereby authorized to execute said Agreement on behalf of the City of Waterloo, Iowa. ADOPTED this day of December, 2011. Ernest G. Clark, Mayor Suzy Schares, City Clerk 12/16/2011 16:13 3192329579 CBW&H ATTORNEYS PAGE 03/15 DOWNTOWN RESIDENTIAL and MIXED-USE HISTORICAL PROPERTY DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is made and entered into this day of December, 2011, by and between JSA Development, LLC (the "Company"), and the City of Waterloo, Iowa ("City"). WHEREAS, City considers economic development within the City a benefit to the community and is willing for the total good and welfare of the community to provide financial incentives so as to encourage that goal, and WHEREAS, JSA Development, LLC or its affiliated companies have and will redevelop property in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area, and this redevelopment presents a cohesive plan to the actual or proposed redevelopment of over 25 parcels in the central business district, and WHEREAS, JSA Development, LLC and its affiliates have contributed significantly to the economic vitality and viability of Downtown and this vitality is necessary to fully leverage the City's investment in public infrastructure, and WHEREAS, Company has invested and will invest over $6,000,000 in rehabilitating properties and bringing them up to modem standards in the Downtown Waterloo Urban Renewal and Redevelopment Plan, as listed by the commonly known address and/or tax parcel number and legally described on attached Exhibit "A" (each a "Property"). NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, Company and City agree as follows: 1. Property Tax Rebates. Provided that Company has executed the Minimum Assessment Agreement as set forth in paragraph 2, City agrees to rebate property taxes (with the exceptions noted below) for each improved Property included within Group 1 (under the heading 'Projects in Process or Complete") on Exhibit "A", as follows: a. Year One - 100% Rebate b. Year Two - 100% Rebate c. Year Three - 100% Rebate d. Year Four - 100% Rebate e. Year Five - 100% Rebate f. Year Six 100% Rebate g. Year Seven 100% Rebate for any taxable value over the January 1, 2010 value as shown on Exhibit "A". Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given 12/16/2011 16:13 3192329579 CBW&H ATTORNEYS PAGE 04/15 year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City. The taxable value of a Property as a result of the improvements, to the Properties described herein, must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy (such as the Self -Supported Municipal Improvement District) that is exempted from treatment as tax increment financing under the provisions of applicable law. For improved Properties, the first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the improvements and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the improvements, due to partial completion of the improvements or a partial tax year. By way of illustration, for a given property Year One may begin with the January 1, 2015 assessment due to completion of improvements to said property in 2014, and rebates will not be payable hereunder for any years prior to Year One. 2. Rebates for Additional Properties. Properties included within Group 2 (under the heading "Projects with Future Development Potential") on Exhibit "A" shall be eligible for rebates as follows: A. Early Stacie. Properties on which Improvements are begun by June 30, 2014, and diligently undertaken to completion shall qualify for the same rebates described in Section 1 above, determined with reference to a baseline taxable value as of January 1, 2010. B. Late Stacie. Properties on which Improvements are begun after June 30, 2014, but before January 1, 2019, and diligently undertaken to completion shall qualify for the same schedule of rebates described in Section 1 above, determined with reference to a baseline taxable value as of January 1 of the year in which construction begins, provided that for any such Property the Minimum Actual Value shall be at least twenty-five percent (25%) higher than taxable value for that Property as of January 1, 2011. Except as expressly modified by this Section, the terms of eligibility, payment and other terms and conditions with respect to rebates shall be as set forth in Section 1. 3. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against each Property. Company further agrees that, prior to January 1 of the year that is fourteen (14) years after January 1 of Year One for each Property, it will not seek or cause a reduction in the taxable valuation for a Property, which shall be fixed for assessment 2 12/16/2011 16:13 3192329579 CBW&H ATTORNEYS PAGE 05/15 purposes, below the aggregate amount shown on Exhibit "A" ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" concurrently with execution of this Agreement. The parties agree to cooperate with any reasonable request by the other party or by the Black Hawk County Assessor to modify such agreement and this Agreement in order to divide the Minimum Actual Value among condominium units that may be established upon one or more of the Properties following completion of Improvements. The parties acknowledge that a given Property may have a different Year One than other Properties and, therefore, that the Minimum Actual Values for different Properties may take effect at different times and may end at different times. In order to give effect to the Minimum Actual Value for each Property, and to have an agreed measure of the effective duration for said Minimum Actual Value, the parties will, with respect to each Property, execute a supplement to the agreement attached hereto as Exhibit "B" by December 31 of the year in which improvements for that Property are substantially completed. . If a supplement is not executed for a given Property by January 1, 2019, then Company will not be eligible to receive rebates with respect to such Property under this Agreement. City agrees that the Community Planning and Development Director or the City's Chief Financial Officer, or the successor to such office, shall have, and are hereby given, authority to execute a supplement on behalf of City without further approval by the City council. 4. Effect on Earlier Agreement. The parties agree that they have previously entered into a development agreement (the "Prior Agreement") providing tax rebates for property at 306-310 E. 4th Street (tax parcel no. 8913-24-362-011) that will overlap with benefits provided under this AgreementThe parties desire by this Agreement to include said property in the scope of this Agreement due to further improvements made and to be made to said property. The Prior Agreement and its corresponding minimum assessment agreement shall be deemed terminated as of June 30, 2011, and rebates payable in respect of the 2011/2012 tax year and thereafter shall be determined with reference to the taxable value that exceeds the January 1, 2010 value for said property, subject to such conditions and limitations as may be provided in this Agreement, regardless of any other date fixed by the Prior Agreement. 5. Abatement or Rebatement Funded by Others. The City and the Company acknowledge that a property tax exemption, abatement, rebatement or similar program may be implemented and funded by the State of Iowa or other governmental 3 12/16/2011 16:13 3192329579 CBW&H ATTORNEYS PAGE 06/15 entities during the term of this Agreement. In the event such a program is established, the benefits thereof, if any, shall flow to the Company or its successor(s) or assignee(s), and City agrees to cooperate in good faith with the Company to support Company's applications for such benefits and to otherwise aid the Company in securing such benefits. 6. Conversion to Condominiums. The City and the Company acknowledge that subdivision and condominium conversion of one or more of the Properties may occur during the term of this Agreement. The City commits to amend this Agreement or otherwise work in good faith to ensure that benefits and obligations under this Agreement are protected. 7. Cooperation towards Correction of Adverse Conditions in Downtown Alleyways. The City and the Company will work together to rationalize and improve the safety, appearance and functionality of downtown alleyways both public and private. Where ownership elements for alleyways are either unknown or held in common the City will work with any party claiming ownership interest and take steps as needed to determine who needs to be involved and how improvements can be accomplished, including, where appropriate, cost -shared assessments, ordinance changes, access control requirements and other mechanisms. City will engage interested parties and develop methodologies to accomplish required improvements in a timely fashion. Nothing herein obligates the City or any other party to expend funds in any specific amount or at any specific time. 8. Parking Improvements. City agrees to continue exploration of parking requirements and improvements in the downtown area, including further investigation into creating a limited access parking area or areas in the Park Avenue garage and others either in cooperation with Main Street Waterloo or otherwise. City also agrees to study locations and placement of parking spaces in each downtown block to maximize available on -street parking, minimize obstructions to on -street parking and provide "pick up zones" where appropriate. City also agrees to explore and further investigate the concept of "free" two-hour parking areas on a revenue -neutral basis with the Company, other downtown property owners and tenants and Main Street Waterloo. Nothing herein obligates any party to expend any specific amount of money at any time. 9. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 4 12/16/2011 16:13 3192329579 CBW&H ATTORNEYS PAGE 07/15 10. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company 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 and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. D. Company has full authority to execute this Agreement on behalf of each separate company affiliated with the Company, and to bind each such affiliated company to the terms hereof. Affiliated companies include, but are not limited to, Four East Village Properties, LLC, Fowler Project, LLC, HQAA-JSA, LLC, Lincoln Park Building, LLC, MB Rentals, LLC and SycamOrr, LLC. 11. 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 or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent 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, 12. 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 it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 13. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 5 12/16/2011 16:13 3192329579 CBW&H ATTORNEYS PAGE 08/15 14. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, legal representatives, and future owners of the Property. 15. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 16. Entire Agreement. This Agreement and each of its exhibits, including but not limited to the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 17. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first written above. CITY OF WATERLOO, IOWA JSA DEVELOPMENT, LLC By: By: Ernest G. Clark, Mayor James E. Walsh, Jr., Manager, for itself and as manager of Four East Village Properties, LLC, Fowler Project, LLC, HQAA-JSA, LLC, Attest: Lincoln Park Building, LLC, MB Suzy Schares, City Clerk Rentals, LLC and SycamOrr, LLC 6 12/16/2011 16:13 3192329579 CBW&H ATTORNEYS PAGE 09/15 EXHIBIT "A" Legal Description of Improved Property: See attachment. 12/16/2011 16:13 3192329579 CBW&H ATTORNEYS PAGE 10/15 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of December , 2011, by and among the CITY OF WATERLOO, IOWA, ("City"), JSA Development, LLC, ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a Development Agreement (the "Development Agreement") regarding certain real property located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area (the "Project") within the City and within the "Downtown Waterloo Urban Renewal and Redevelopment Plan" area WHEREAS, pursuant to Iowa Code section 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and building thereon pursuant to the Development Agreement and applicable only to the development, which shall be effective upon substantial completion of the development and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and building as to the development only; and WHEREAS, the City and the Assessor have reviewed the plans and specifications for the improvements (the "Improvements") and the work completed as a part of the development; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company or its affiliated companies on each of the properties described in Exhibit "A" attached hereto, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements constructed on each such property as a part of the Project shall not be less than those shown for each property on Exhibit "A" ("Minimum Actual Value") until termination of this Agreement. With respect to each property, the parties agree to execute a supplement to this Agreement, substantially in the form attached hereto as "Addendum 1", no later than December 31 of the year in which substantial completion of construction of Improvements for a given property occurs. The parties also acknowledge that the Company may submit one or more of 12/16/2011 16:13 3192329579 CBW&H ATTORNEYS PAGE 11/15 the properties to a condominium regime after completion of the Improvements and that future owners of any such property as so divided are intended to be the beneficiaries of this Agreement and a related Development Agreement. 2. The Minimum Actual Value herein established with respect to a given property shall be of no further force and effect, and with respect to such property this Agreement shall terminate, on December 31 of the year that is fourteen (14) years after the effective date of that property's Minimum Actual Value (the "Termination Date"). Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full, commencing with the assessment of January 1 immediately following the Termination Date. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa, the City paying all costs of recording, and each supplement hereto shall be so recorded after execution. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement between the City and the Company. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. The City agrees to cooperate with any reasonable request by the Company to execute a written assignment of this Agreement to future owners of condominium units that may be created on any of the properties and to execute one or more amendments to this Agreement to divide the Minimum Actual Value for the property among such units and to ensure that such future owners receive the benefits contemplated by this Agreement and a related Development Agreement between the parties. [signatures on next page] 2 12/16/2011 16:13 3192329579 CBW&H ATTORNEYS PAGE 12/15 CITY OF WATERLOO, IOWA JSA DEVELOPMENT, LLC By: By: Ernest G. Clark, Mayor James E. Walsh, Jr., Manager, for itself and as manager of Four East Village Properties, LLC, Fowler Project, LLC, HQAA-JSA, LLC, Attest: Lincoln Park Building, LLC, MB Suzy Schares, City Clerk Rentals, LLC and SycamOrr, LLC STATE OF IOWA COUNTY OF BLACK HAWK ) ss. On this day of December, 2011, before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA COUNTY OF BLACK HAWK ) ss. Notary Public Subscribed and sworn to before me on , 2011 by James E. Walsh, Jr., as Manager of JSA Development, LLC., for itself and as manager of Four 3 12/16/2011 16:13 3192329579 CBW&H ATTORNEYS PAGE 13/15 East Village Properties, LLC, Fowler Project, LLC, HQAA-JSA, LLC, Lincoln Park Building, LLC, MB Rentals, LLC and SycamOrr, LLC. Notary Public 4 12/16/2011 16:13 3192329579 CSW&H ATTORNEYS PAGE 14/15 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less, in the aggregate, than those shown on Exhibit "A" hereto, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. STATE OF IOWA COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa Date Subscribed and sworn to before me on by , Assessor for Black Hawk County, Iowa. Notary Public 12/16/2011 16:13 3192329579 CBW&H ATTORNEYS PAGE 15/15 ADDENDUM 1 Supplement to Minimum Assessment Agreement This instrument is a supplement to that certain Minimum Assessment Agreement (the "Agreement") dated as of December , 2011, by and between City of Waterloo, Iowa ("City") and JSA Development, LLC ("Company"). Property Address: Tax Parcel No.: Legal Description: See attachment. Minimum Assessed Value: MAV Effective Date: January 1, This supplement is made for purposes of acknowledging the substantial completion of improvements to the above property and the establishment of Minimum Assessed Value as of the next assessment date. The Minimum Assessed Value shall be effective for the 14 -year term set forth in the Agreement. This supplement is subject to all terms and conditions of the Agreement. CITY OF WATERLOO, IOWA JSA DEVELOPMENT, LLC By: By: Manager, Title: for itself and as manager of Four East Village Properties, LLC, Fowler Project, LLC, HQAA-JSA, LLC, Lincoln Park Building, LLC, MB Rentals, LLC and SycamOrr, LLC Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELDER 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 CITY OF WATERLOO F05-f-ri(-6 igli9(900 Council Communication City Council Meeting: December 12, 2011 Prepared: December 9, 2011 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving the Development Agreement for JSA Development, LLC for the redevelopment of over 45 parcels in Downtown Waterloo, with a rise in taxable value of over $ 3million and 100% tax rebates for 7 years; and authorize Mayor and City Clerk to execute said document. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving Development Agreement Summary Statement: As you are probably aware, JSA Development has been working for the redevelopment of several parcels in Downtown Waterloo. This development agreement would work to offer the City's incentive programs for projects in Downtown Waterloo for several parcels all at one time. As you can see, this is a significant investment in Downtown Waterloo by JSA Development, raising the taxable value from $6,484,029 to $9,691,490 --- an investment of over $3,207,461. The City of Waterloo's policy on redevelopment incentives in Downtown Waterloo ranges from 5 years at 100% to 10 years at 100%, depending upon the amount of investment and rise in taxable value. If the rise in taxable value has been over 4 times the amount in new taxable value, the City has gone up to 7 years at 100%, when it has been significantly larger or a very large project, the City has gone to the 10 -year amount. A smaller standard project is generally at the 5 years at 100% amount. This agreement is unique in that many of the projects have been started prior to the January 1, 2010 base value date noted in the agreement. This allows for the City to gain taxable revenue from many of these projects prior to the tax rebate incentives outlined in this agreement taking effect. This gives the developer the incentive and reward for their investment and future investment, while also providing the City with CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer funds for continued improvements in Downtown Waterloo in the current timeframe. For that reason, the 7 years at 100% rebate amount is recommended for approval for this mass agreement. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: Many of the improvements listed on this agreement have been significant projects leading to further private investment from JSA and other investors in Downtown Waterloo. Many of these projects work towards many of the goals and strategies of the City of Waterloo Downtown Master Plan and Comprehensive Pan, which guide growth and development for the City of Waterloo. Projects in the agreement include: HQAA headquarters, Jameson's Pub, the Fowler building — leading to the Screaming Eagle, The City of Waterloo has economic development policies in place, and this project would meet the criteria for the development agreement as submitted. SA Development, LLl. anu ,ru„�... Exhibit A - Downtown Waterloo Parcels /alues as of 1/1/10 and Minimum Assessed Value DRAFT Parcel Number OwnerNendee 8913-25-102-011 HQAA JSA LLC 8913-25-102-012 JSA DEVELOPMENT LLC 8913-25-102-013 USA DEVELOPMENT LLC 8913-25-102-014 JSA DEVELOPMENT LLC 8913-25-102-024 JSA DEVELOPMENT LLC 8913-25-103-012 USA DEVELOPMENT LLC 8913-25-103-013 JSA DEVELOPMENT LLC* 8913-24-361-009 FOUR EAST VILLAGE PROPERTIES, LLC 8913-24-361-008 FOUR EAST VILLAGE PROPERTIES, LLC 8913-26-233-013 JSA DEVELOPMENT LLC 8913-26-233-012 JSA DEVELOPMENT LLC 8913-25-103-018 FOWLER PROJECT L L C 8913-26-233-010 JSA DEVELOPMENT LLC 8913-26-233-009 JSA DEVELOPMENT LLC 8913-26-233-007 JSA DEVELOPMENT LLC 8913.26.233-008 JSA DEVELOPMENT LLC 8913-26-277-002 JSA DEVELOPMENT LLC 8913-26-277-012 JSA DEVELOPMENT LLC 8913-25-103-001 FOWLER PROJECT L L C 8913-24-359-010 JSA DEVELOPMENT LLC 8913-26-277-005 JSA DEVELOPMENT LLC 8913-24-359-009 JSA DEVELOPMENT LLC 6913-24-362-011 JSA DEVELOPMENT LLC 8913-24-362-016 JSA DEVELOPMENT LLC 8913.26-232-023 JSA DEVELOPMENT LLC 8913-24-359-004 LINCOLN PARK BUILDING, LLC 8913-24-362-025 JSA DEVELOPMENT LLC 8913-24-362-001 JSA DEVELOPMENT LLC 8913-24-360-017 JSA DEVELOPMENT LLC 8913.26-232-001 JSA DEVELOPMENT LLC 8913-24-359-001 JSA DEVELOPMENT LLC 6913-24-359-002 USA DEVELOPMENT LLC 8913-25-103-010 USA DEVELOPMENT LLC 8913-24-362-024 JSA DEVELOPMENT LLC 8913-26-277-026 MB RENTALS LLC 8913-26-277-027 MB RENTALS LLC 8913-26-277-030 MB RENTALS LLC 8913-26-277-031 MB RENTALS LLC 8913-26-277-032 MB RENTALS LLC 8913-28-277-033 MB RENTALS LLC 8913-25-102-003 SYCAM ORR, LLC JSA Total January 1, 2010 Total Minimum Assessed Assesed Legal Lines 1 and 2 Prep Address 1 112-116 9 4TH ST 118 E 4TH ST 128 E 478 ST 128 E4TH ST 128 E 4TH 5T 206 E 4TH ST 208E 4TH ST 211-213 E 4TH ST 215-219 E 4TH ST 217 W 4TH ST 219 W 4TH ST 220-224 E 4TH ST 223 W 4TH ST 225 W 4TH ST 227-229 W 4TH ST 227-229 W 4TH ST 227-229 W 4TH ST 227-229 W 4TH ST 228-226 E 4TH S7 301-303 E 4TH ST 304 W 5TH ST 305-307 E 4TH 5T 306-310 E 4TH ST 320-322 E 4TH ST 322-324 W 4TH ST 323-329 E 4th ST 324E 4TH ST #A 326-330 E 4TH ST 404 E 4TH ST 500-504 JEFFERSON ST 510-512 MULBERRY ST 510-512 MULBERRY ST 611-615 SYCAMORE ST 612-616 MULBERRY ST 612-616 JEFFERSON ST#1A 612-516 JEFFERSON ST#1B 612-616 JEFFERSON ST #2B 612-616 JEFFERSON ST#2C 612-616 JEFFERSON ST #20 612.816 JEFFERSON ST#3 616-622 and 624 SYCAMORE ST Value Value 482,390 539,000 ORIGINAL PLAT WATERLOO EAST ALL LOT 6 BLK 3 EXC SE 50 FT 84,570 164,900 ORIGINAL PLAT WATERLOO EAST SW 20 FT NW 80 FT LOT 3 BLK 3 3,310 11,990 ORIGINAL PLAT WATERLOO EAST NE 20 FT SW 40 FT NW 80 FT LOT 3,310 11,990 ORIGINAL PLAT WATERLOO EAST NE 20 FT NW BO FT LOT 3 BLK 3 93,360 350,000 ORIGINAL PLAT WATERLOO EAST NW 80 FT LOT 2 BLK 3 EXC 82,690 116,420 KNEPPER AND LARMONS SUBDIV LOT 4 ORIG PLAT WLOO EAST SW 83,200 118,590 KNEPPER AND LARMONS SUBOIV LOT 5 ORIG PLAT WL00 EAST NE 188,000 232,440 ORIGINAL PLAT WATERLOO EAST SW 22.5 FT LOT 5 BLK 13 EXC NW 258,700 257,370 ORIGINAL PLAT WATERLOO EAST SW 22 1/2 FT SE 140 FT LOT 4 68,420 199,390 ORIGINAL PLAT WATERLOO WEST NE 20 FT LOT 6 BLK 8 NE 20 FT 98,390 188,310 ORIGINAL PLAT WATERLOO WEST SW 20 FT NE 40 FT LOT 6 BLK 8 290,820 453,000 ORIGINAL PLAT WATERLOO EAST THE SWLY 20 FT OF NWLY 112 FT 83,050 109,790 ORIGINAL PLAT WATERLOO WEST SW 20 FT NE 80 FT LOT 6 BLK 6 82,760 90,670 ORIGINAL PLAT WATERLOO WEST NE 20 FT SW 60 FT LOT 6 BLK 8 6,350 7,470 ORIGINAL PLAT WATERLOO WEST SW 39 FT 8 INCHES W 25 FT 92,870 86,250 ORIGINAL PLAT WATERLOO WEST SW 40 FT LOT 6BLK 8 19,530 ' 13,200 ORIGINAL PLAT WATERLOO WEST 5E 22 FT LOT 4 BLK 17 AND 8720 7,010 ORIGINAL PLAT WATERLOO WEST NW 28 FT SW 50 FT LOT 4 BLK 17 305,450 597,060 ORIGINAL PLAT WATERLOO EAST NE 40 FT NW 100 FT LOT 2 BLK 97,200 116,400. ORIGINAL PLAT WATERLOO EAST SW 40 FT SE 80 FT LOT 9 BLK 29 129,240 158,330 ORIGINAL PLAT WATERLOO WEST LOT 1 BLK 17 287,54099,010 94,590: ORIGINAL PLAT WATERLOO EAST SW 20 FT SE BO FT LOT B BLK 29 397,086 ORIGINAL PLAT WATERLOO EAST NW 90 FT LOT 7 BLK 28 209,590 450,000 ORIGINAL PLAT WATERLOO EAST NE 44 FT NW 100 FT LOT 3 BLK 150,250 211,520 ORIGINAL PLAT WATERLOO WEST SELY 20 FT LOT 9 EXC THE NE 80 234,750 500,006 ORIGINAL PLAT WATERLOO EAST NW 80 FT LOT 2 BLK 29 NW 80 FT 76.900 138,670 324 E4TH ST CONDOMINIUM APARTMENTA 173,120 300,000' ORIGINAL PLAT WATERLOO EAST NW 110 F7 NE 40 FT LOT 2 BLK 600,590 616,480 ORIGINAL PLAT WATERLOO EAST LOT 7 BLK 39 EXC SELY 6 FT 200,360 313,820 ORIGINAL PLAT WATERLOO WEST LOT 5 BLK 16 & 10 FT ADJ ON NW 28,470 43,940 ORIGINAL PLAT WATERLOO EAST NW 80 FT LOT 2 BLK 29 NW 80 FT 91,470 168,050 ORIGINAL PLAT WATERLOO EAST SE 50 FT NW 130 FT LOT2 BLK 86,990 ORIGINAL PLAT INATERLOO EAST COM AT PT 109.5 FT SE FROM X00,000 ORIGINAL PLAT WATERLOO EAST SE 40 FT LOT 2 BLK 28 SW 20 FT 62,510 OASIS CONDOMINIUM I UNIT 1A 101,390 OASIS CONDOMINIUM I UNIT 18 20,710 128,720 31,569 54,601 111,040 OASIS CONDOMINIUM I UNIT 2B 21,776 44,210 OASIS CONDOMINIUM I UNIT 2C 54,601 111,040 OASIS CONDOMINIUM I UNIT 2D 42,190 31,590 OASIS CONDOMINIUM I UNIT 3 169,630 500,000 ORIGINAL PLAT WATERLOO EAST LOTS 1 & 4 BLK 3 EXC SELY 64 2/3' & EXC NWLY 6" 6,484,029 9,891,490 1 of 1 Parcel # Owner Address JSA Downtown Property Values for years 2007, 2008, 2009 and 2010 January 1, 2007 Assessed Value January 1, 2008 Assessed Value January 1, 2009. Assessed January 1, 2010 Assessed Minimum Assessed 8913-25-102-011 HQAA JSA LLC 112-116 E 4th St 179,130 482,390 539,000 8913-25-102-012 JSA Development LLC 118 E 4th St 84,570 84,570 84,570 84,570 164,900 8913-25-102-013 JSA Development LLC 128 E 4th St 3,310 3,310 3,310 3,310 11,990 8913-25-102-014 JSA Development LLC 128 E 4th St 3,310 3,310 3,310 3,310 11,990 8913-25-102-024 JSA Development LLC 128 E 4th St 93,360 93,360 93,360 93,360 350,000 8913-25-103-012 JSA Development LLC 206 E 4th St 82,690 82,690 89,690 82,690 116,420 8913-25-103-013 JSA Development LLC 206 E 4th St 83,200 83,200 83,200 83,200 118,590 8913-24-361-009 Four East Village Properties LLC 211-213 E 4th St 188,000 188,000 188,000 188,000 232,440 8913-24-361-008 Four East Village Properties LLC 215-219 E 4th St 258,700 258,700 258,700 258,700 257,370 8913-26-233-013 JSA Development LLC 217 W 4th St 68,420 68,420 68,420 68,420 199,390 8913-26-233-012 JSA Development LLC 219 W 4th St 98,390 98,390 98,390 98,390 188,310 8913-25-103-018 Fowler Project LLC 220-224 E 4th St 290,820 290,820 290,820 290,820 453,000 8913-26-233-010 JSA Development LLC 223 W 4th St 83,050 83,050 83,050 83,050 109,790 8913-26-233-009 JSA Development LLC 225 W 4th St 82,760 82,760 82,760 82,760 90,670 8913-26-233-007 JSA Development LLC Parcel 6,360 6,360 6,360 6,360 7,470 8913-26-233-008 JSA Development LLC 227-229 W 4th St 92,870 92,870 92,870 92,870 86,250 8913-26-277-002 JSA Development LLC Parcel 19,530 19,530 19,530 19,530 13,200 8913-26-277-012 JSA Development LLC Parcel 8,720 8,720 8,720 8,720 7,010 8913-25-103-001 Fowler Project LLC 226-228 E 4th St 83,120 83,120 305,450 305,450 597,060 8913-24-359-01D JSA Development LLC 301-303 E 4th St 97,200 97,200 97,200 97,200 99,210 8913-26-277-005 JSA Development LLC 304 W 5th St 129,240 129,240 129,240 129,240 158,330 8913-24-359-009 JSA Development LLC 305-307 E 4th St 99,010 99,010 99,010 99,010 78,490 8913-24-362-011 JSA Development LLC 306-310 E 4th St 287,540 287,540 287,540 287,540 397,060 8913-24-362-016 JSA Development LLC 320-322 E 4th St 209,590 209,590 209,590 209,590 346,390 8913-26-232-023 JSA Development LLC 322-324 E 4th St 160,250 160,250 160,250 160,250 211,520 8913-24-359-004 Lincoln Park Building LLC 323-329 E 4th St 234,750 234,750 234,750 234,750 379,130 8913-24-362-025 JSA Development LLC 324 E 4th St 76,900 76,900 76,900 76,900 128,800 8913-24-362-001 JSA Development LLC 326-330 E 4th St 145,040 173,120 173,120 173,120 269,700 8913-24-360-017 JSA Development LLC 402-404 E 4th St 0 600,590 600,590 600,590 616,480 8913-26-232-001 JSA Development LLC 500-504 Jefferson 200,360 200,360 200,360 200,360 313,820 8913-24-359-001 JSA Development LLC Parcel 28,470 28,470 28,470 28,470 43,940 8913-24-359-002 JSA Development LLC 510-512 Mulberry 86,020 86,020 86,020 91,470 168,050 8913-25-103-010 JSA Development LLC 611-615 Sycamore 20,710 20,710 20,710 20,710 75,870 8913-24-362-024 JSA Development LLC 612-616 Mulberry 128,720 128,720 128,720 128,720 142,480 8913-26-277-026 MB Rentals LLC 612-616 Jefferson 1A 28,370 73,520 65,050 65,050 62,510 8913-26-277-027 MB Rentals LLC 612-616 Jefferson 1B 30,510 116,800 104,330 104,330 101,390 8913-26-277-030 MB Rentals LLC 612-616 Jefferson 2B 28,370 39,680 34,540 112,510 111,040 8913-26-277-031 MB Rentals LLC 612-616 Jefferson 2C 27,940 51,680 44,870 44,870 44,210 8913-26-277-032 MB Rentals LLC 612-616 Jefferson 2D 28,370 110,080 112,510 112,510 111,040 8913-26-277-033 MB Rentals LLC 612-616 Jefferson 03 42,190 42,190 31,590 8913-25-102-003 Sycam Orr LLC 616-622 & 624 Sycamore 220,000 220,000 220,000 169,530 424,850 Totals: 3,898,540 4,775,410 5,195,600 5,524,810 7,870,750 RESOLUTION NO. RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN JSA DEVELOPMENT, LLC, AND THE CITY OF WATERLOO, IOWA. WHEREAS, JSA Development, LLC and its affiliates have and will redevelop property in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area, and this redevelopment presents a cohesive plan to the redevelopment of over 40 parcels in the central business district, and WHEREAS, JSA Development, LLC and its affiliates have contributed significantly to the economic vitality and viability of Downtown and this vitality is necessary to fully leverage the City's investment in public infrastructure, and WHEREAS, JSA Development, LLC and its affiliates and the City of Waterloo, Iowa, feel it is in the best interest of both parties to execute a Development Agreement between the parties regarding the development and use of said real estate as well as other matters, and WHEREAS, the City of Waterloo declares that this project qualifies for incentives as authorized under Chapter 15A and Chapter 403 in the Code of Iowa and the Downtown Waterloo Urban Renewal and Redevelopment Plan, and WHEREAS, the City Council of the City of Waterloo, Iowa, has considered the Development Agreement, a copy of which is hereto attached, finds that the disbursement of public funds for the purposes described in said agreement will reasonably accomplish a public purpose, and deems it in the best interest of the City of Waterloo, Iowa, to enter into said Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Waterloo, Iowa, that the Development Agreement between JSA Development, LLC and the City of Waterloo, Iowa, a copy of which is hereto attached, is hereby approved and the Mayor and City Clerk are hereby authorized to execute said Agreement on behalf of the City of Waterloo, Iowa. ADOPTED this day of December, 2011. Ernest G. Clark, Mayor Suzy Schares, City Clerk DOWNTOWN RESIDENTIAL and MIXED-USE HISTORICAL PROPERTY DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is made and entered into this day of December, 2011, by and between JSA Development, LLC (the "Company"), and the City of Waterloo, Iowa ("City"). WHEREAS, City considers economic development within the City a benefit to the community and is willing for the total good and welfare of the community to provide financial incentives so as to encourage that goal, and WHEREAS, JSA Development, LLC or its affiliated companies have and will redevelop property in the Downtown Waterloo Urban Renewal and Redevelopment Plan Area, and this redevelopment presents a cohesive plan to the redevelopment of over 40 parcels in the central business district, and WHEREAS, JSA Development, LLC and its affiliates have contributed significantly to the economic vitality and viability of Downtown and this vitality is necessary to fully leverage the City's investment in public infrastructure, and WHEREAS, Company has invested and will invest over $6,000,000 in rehabilitating properties and bringing them up to modern standards in the Downtown Waterloo Urban Renewal and Redevelopment Plan, as listed by the commonly known address and/or tax parcel number and legally described on attached Exhibit "A" (each a "Property"). NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, Company and City agree as follows: 1. CURA Tax Exemptions. Provided that the Company has prepared and submitted required documents upon completion of work in accordance with the terms of the City's Consolidated Urban Renewal Area ("CURA") property tax exemption program, the City will grant and affirmatively support Company's receipt of property tax exemptions of 100% for any taxable value over the January 1, 2010 value as shown on Exhibit "A" for the first three years following completion of rehabilitation projects. Completion of the rehabilitation projects shall be determined by notice of completion delivered to City by the Company. 2. Property Tax Rebates. Provided that Company has executed the Minimum Assessment Agreement as set forth in paragraph 2, City agrees to rebate property taxes (with the exceptions noted below) for each improved Property in the years following any CURA exemptions as follows: a. Year One - 100% Rebate b. Year Two - 100% Rebate c. Year Three - 100% Rebate d. Year Four - 100% Rebate e. Year Five - 100% Rebate f. Year Six 100% Rebate g. Year Seven 100% Rebate for any taxable value over the January 1, 2010 value as shown on Exhibit "A". Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. The taxable value of a Property as a result of the improvements, to the Properties described herein, must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy (such as the Self -Supported Municipal Improvement District) that is exempted from treatment as tax increment financing under the provisions of applicable law. For improved Properties, the first year in which a rebate may be given ("Year One") shall be the first full year for which the assessment is based upon the completed value of the improvements and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the improvements, due to partial completion of the improvements or a partial tax year. 2.1. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against each Property. Company further agrees that, prior to January 1, 2023, it will not seek or cause a reduction in the taxable valuation for a Property, which shall be fixed for assessment purposes, below the aggregate amount shown on Exhibit "A" ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" concurrently with execution of this Agreement. The parties agree to cooperate with any reasonable request by the other party or by the Black Hawk County Assessor to modify such agreement and this Agreement in order to divide the Minimum Actual Value among condominium units that may be established upon one or more of the Properties following completion of Improvements. 2 2.2. Effect on Earlier Agreements. The parties agree that they have previously entered into development agreements (the "Prior Agreements") providing tax rebates for the following properties that will overlap with benefits provided under this Agreement: 112-118 E. 4th Street — tax parcels 8913-25-102-011, -012 226-228 E. 4th Street — tax parcels 8913-25-103-001 326-330 E. 4th Street — tax parcels 8913-24-362-001 The parties desire by this Agreement to include said properties in the scope of this Agreement and, where appropriate, to extend the term of tax rebates. Each Prior Agreement and its corresponding minimum assessment agreement shall be deemed terminated as of June 30, 2011, and rebates payable in respect of the 2011/2012 tax year and thereafter shall be determined with reference to the taxable value that exceeds the January 1, 2010 value for each property, subject to such conditions and limitations as may be provided in this Agreement, regardless of any other date fixed by a Prior Agreement. Each property covered by a Prior Agreement shall be eligible for payment of rebates for a term equal to ten consecutive years, minus the number of years for which rebates were paid under a Prior Agreement. For purposes of illustration, if rebates were paid for two consecutive years under a Prior Agreement, then rebates may be payable under this Agreement, if eligible, for eight consecutive years starting with the 2011/2012 tax year. 3. Abatement or Rebatement Funded by Others. The City and the Company acknowledge that a property tax exemption, abatement, rebatement or similar program may be implemented and funded by the State of Iowa or other governmental entities during the term of this Agreement. In the event such a program is established, the benefits thereof, if any, shall flow to the Company or its successor(s) or assignee(s), and City agrees to -cooperate in good faith with the Company to support Company's applications for such benefits and to otherwise aid the Company in securing such benefits. 4. Conversion to Condominiums. The City and the Company acknowledge that subdivision and condominium conversion of one or more of the Properties may occur during the term of this Agreement. The City commits to amend this Agreement or otherwise work in good faith to ensure that benefits and obligations under this Agreement are protected. 5. Cooperation towards Correction of Adverse Conditions in Downtown Alleyways. The City and the Company will work together to rationalize and improve the safety, appearance and functionality of downtown alleyways both public and private. Where ownership elements for alleyways are either unknown or held in common the City will work with any party claiming ownership interest and take steps as needed to determine who needs to be involved and how improvements can be accomplished, including, where appropriate, cost -shared assessments, ordinance changes, access control requirements and other mechanisms. City will engage interested parties and 3 develop methodologies to accomplish required improvements in a timely fashion. Nothing herein obligates the City or any other party to expend funds in any specific amount or at any specific time. 6. Parking Improvements. City agrees to continue exploration of parking requirements and improvements in the downtown area, including further investigation into creating a limited access parking area or areas in the Park Avenue garage and others either in cooperation with Main Street Waterloo or otherwise. City also agrees to study locations and placement of parking spaces in each downtown block to maximize available on -street parking, minimize obstructions to on -street parking and provide "pick up zones" where appropriate. City also agrees to explore and further investigate the concept of "free" two-hour parking areas on a revenue -neutral basis with the Company, other downtown property owners and tenants and Main Street Waterloo. Nothing herein obligates any party to expend any specific amount of money at any time. 7. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 8. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company 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 and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. D. Company has full authority to execute this Agreement on behalf of each separate company affiliated with the Company, and to bind each such affiliated company to the terms hereof. Affiliated companies include, but are not 4 limited to, Four East Village Properties, LLC, Fowler Project, LLC, HQAA-JSA, LLC, Lincoln Park Building, LLC, MB Rentals, LLC and SycamOrr, LLC. 9. 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 or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent 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. 10. 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 it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 11. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 12. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, legal representatives, and future owners of the Property. 13. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 14. Entire Agreement. This Agreement and each of its exhibits, including but not limited to the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 15. Time of Essence. Time is of the essence of this Agreement. 5 IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first written above. CITY OF WATERLOO, IOWA JSA DEVELOPMENT, LLC By: By: Ernest G. Clark, Mayor James E. Walsh, Jr., Manager, for itself and as manager of Four East Village Properties, LLC, Fowler Project, LLC, HQAA-JSA, LLC, Attest: Lincoln Park Building, LLC, MB Suzy Schares, City Clerk Rentals, LLC and SycamOrr, LLC 6 EXHIBIT "A" Legal Description of Improved Property: See attachment. EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of December , 2011, by and among the CITY OF WATERLOO, IOWA, ("City"), JSA Development, LLC, ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a Development Agreement (the "Development Agreement') regarding certain real property located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area (the "Project") within the City and within the "Downtown Waterloo Urban Renewal and Redevelopment Plan" area WHEREAS, pursuant to lowa Code section 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and building thereon pursuant to the Development Agreement and applicable only to the development, which shall be effective upon substantial completion of the development and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and building as to the development only; and WHEREAS, the City and the Assessor have reviewed the plans and specifications for the improvements (the "Improvements") and the work completed as a part of the development; NOW, THEREFORE, the parties to this Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company or its affiliated companies on each of the properties described in Exhibit "A" attached hereto, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements constructed on each such property as a part of the Project shall not be less than those shown on Exhibit "A" ("Minimum Actual Value") until termination of this Agreement. The parties also acknowledge that the Company may submit one or more of the properties to a condominium regime after completion of the Improvements and that future owners of any such property as so divided are intended to be the beneficiaries of this Agreement and a related Development Agreement. 2. The Minimum Actual Value herein established shall be of no further force and effect and this Agreement shall terminate on December 31, 2023. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Company to contest its taxable valuations in full, commencing with the assessment of January 1, 2024. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa, the City paying all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement between the City and the Company. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. The City agrees to cooperate with any reasonable request by the Company to execute a written assignment of this Agreement to future owners of condominium units that may be created on any of the properties and to execute one or more amendments to this Agreement to divide the Minimum Actual Value for the property among such units and to ensure that such future owners receive the benefits contemplated by this Agreement and a related Development Agreement between the parties. CITY OF WATERLOO, IOWA JSA DEVELOPMENT, LLC By: By: Ernest G. Clark, Mayor Attest: Suzy Schares, City Clerk 2 James E. Walsh, Jr., Manager, for itself and as manager of Four East Village Properties, LLC, Fowler Project, LLC, HQAA-JSA, LLC, Lincoln Park Building, LLC, MB Rentals, LLC and SycamOrr, LLC STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) On this day of December, 2011, before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Notary Public Subscribed and sworn to before me on , 2011 by James E. Walsh, Jr., as Manager of JSA Development, LLC., for itself and as manager of Four East Village Properties, LLC, Fowler Project, LLC, HQAA-JSA, LLC, Lincoln Park Building, LLC, MB Rentals, LLC and SycamOrr, LLC. Notary Public 3 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less, in the aggregate, than those shown on Exhibit "A" hereto, until termination of this Minimum Assessment Agreement pursuant to the terms hereof. Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on by Assessor for Black Hawk County, Iowa. Notary Public CITY OF WATERLOO Council Communication City Council Meeting: 12/1 /11 Prepared: 12/12/11 Mayor Signature: # of Attachments: 0 SUBJECT: Resolution -to approve and authorize Mayor Clark to sign a Black Hawk County Gaming Association grant request in the amount of $55,000 for one-time marketing and start-up expenses for the RiverLoop Public Market Cooperative on the Expo Plaza grounds Submitted by: Mayor Buck Clark Recommended City Council Action: Pass said Resolution Summary Statement: This grant is being sought to help ensure the ongoing success of the market. The Vision Iowa CAT grant contract requires that the market remain open for at least 5 years. A copy of the grant application will be available for review in the City Clerk's office. Expenditure Required: None. Source of Funds: NA Policy Issue: NA Alternative: NA CITY OF WATERLOO Council Communication City Council Meeting: 12/19/11 Prepared: 12/11/11 Dept. Head Signatur # of Attachments: SUBJECT: Resolution -to approve and authorize Mayor Clark to sign Amendment # 5 to the Cedar Valley River Renaissance Project Vision Iowa Contract 01-VId)10 with the Vision Iowa Board, City of Waterloo. City of Cedar Falls, and the H.W. Grout Trust. Submitted by: Paul Huting, Leisure Services Director Recom nended City Council Action: Pass said Resolution Summary Statements This amendment extends the deadline for completion of the project to June 30, 2012. Expenditure Required: NONE Source of Funds: N/A Policy Issue: N/A Alternative: N/A Background Information: A copy of the Agreement is available for your review in the City Clerk's office. This is allows a time extension to complete work on the project. 921, and authorize the Mayor and City Clerk to execute said document. Submitted By: Dennis Gentz, PE, Assistant City Engineer ADJOURNMENT Motion to adjourn. Kelley Felchle, CMC City Clerk MEETINGS 4:10 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Communication from the Waterloo Leisure -Services Department on the notice of the conclusion of employment for Mark Custforth,Cr� Leader, effective June 1, 2017, with recommendation of approval of -payout of $2,266. 5 for unused benefits. 2. Communication from the Waterloo Fire Rescue Department on the notice of the conclusion of employment for Marty Freshwater, Battalion Chief, effective May 17, 2017, with recommendation of approval of payout of $5,843.26 for unused benefits. CITY OF WA I'ERLOO Council Communication City Council Meeting: 12/19/11 Prepared: 12/11/11 Dept. Head Signat # of Attachments: SUBJECT: Resolution -to approve and authorize Mayor Clark to sign Amendment # 5 to the Cedar Valley River Renaissance Project Vision Iowa Contract 01 -VI -010 with the Vision Iowa Board, City of Waterloo. City of Cedar Falls, and the H.W. Grout Trust. Submitted by- Paul Huting, Leisure Services Director Recom:nended City Council Action: Pass said Resolution Summary Statement: This amendment extends the deadline for completion of the project to June 30, 2012. Expenditure Required: NONE Source of Funds: N/A Policy Issue: N/A Alternative: N/A Background Information: A copy of the Agreement is available for your review in the City Clerk's office. This is allows a time extension to complete work on the project. IOWA ECONOMIC DEVELOPMENT AUTHORITY 200 East Grand Avenue 1 Des Moines, Iowa 50309 USA 1 Phone: 515.725.3000 i owaeco n o m i cd evelo pm ent. co m December 5, 2011 The Honorable Jon T. Crews Mayor City of Cedar Falls 220 Clay Street Cedar Falls, IA 50613 The Honorable Ernest G. Clark Mayor City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Barbara Corson President H.W. Grout Trust 503 South Street Waterloo, IA 50701 1 economic development RECEIVED DEC.0 8 2011 RE: Vision Iowa Contract Amendment — Cedar Valley River Renaissance Project 01 -VI -010 Dear Mayor Crews, Mayor Clark, and Ms. Corson: On November 9, 2011 the Vision Iowa Board of Directors approved your request to amend Agreement 01 -VI -010. Enclosed please find a copy of amendment # 5 to the Vision Iowa contract 01 -VI -010 between the Vision Iowa Board and the City of Cedar Falls, the City of Waterloo, and H.W. Grout Trust. Please obtain all appropriate signatures for this amendment, and return it to me at the following address: 200 East Grand Avenue, Des Moines, Iowa 50309-1819. I will then have Chairwoman Reece sign the document and send you a copy for your file. Thank you for your work on this project. If you should have any questions or concerns, please contact me at 515.725.3085, or by email at Jessica.ORiley(a�iowa.gov Sincerely, 4.9-4-4u.e.ci 0 ( Jessica O'Riley Vision Iowa/CAT Program Manager Governor Terry E. Branstad 1 Lt. Governor Kim Reynolds 1 Director Debi V. Durham Page 1 of 3 Amendment No. 5 Contract No. 01 -VI -010 AMENDMENT PROGRAM: Vision Iowa CONTRACT NUMBER: 01 -VI -010 AMENDMENT NUMBER: 5 EFFECTIVE DATE: November 9, 2011 THIS AMENDMENT is made by and between the VISION IOWA BOARD, (hereafter "Board"), 200 East Grand Avenue, Des Moines, Iowa 50309, an agency of the State of Iowa, and the City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 and the H.W. Grout Trust, 503 South Street, Waterloo, IA 50701 and City of Cedar Falls, 220 Clay Street, Cedar Falls, IA 50613 (hereafter "Contractor"), Contractor, by correspondence dated October 6, 2011, requested that the contract be amended to extend the project completion date Contract Number 01 -VI -010 is hereby modified as follows: GRANT AWARD AGREEMENT VISION IOWA NUMBER: 01-W-010 TOTAL AMOUNT OF GRANT: $9,500,000 RECIPIENTS: CITIES OF CEDAR FALLS AND WATERLOO, IOWA AND THE H.W. GROUT TRUST PROJECT: "CEDAR VALLEY RIVER RENAISSANCE" PROJECT AGREEMENT EFFECTIVE DATE: July 13, 2005 PROJECT COMPLETION DATE: Dccc 009 Deccmbc 31 2On June 30, 2012 SECTION 1 ARTICLE 9 COVENANTS OF RECIPIENTS 9.7.1 AFFIRMATIVE COVENANTS. Until the terms of this Agreement are fulfilled, the Recipients covenant to Vision Iowa that: (a) PROJECT WORK. The Recipients shall complete their respective components of the Project by December 31, 2009 December 31, 2011 June 30, 2012. For the purposes of this section "complete" means the Project is fully constructed and operational. Page 2 of 3 Amendment No. 5 Contract No. 01 -VI -010 ARTICLE 11 DEFAULT AND REMEDIES 11.2 EVENTS OF DEFAULT. Each of the following shall constitute an Event of Default under this Agreement. (c) FAILURE TO COMPLETE. If the Project, in the sole judgment of the Board, is not completed by December 31, 2009 December 31, 2011 June 30, 2012. For the purposes of this section "completed" means the Project is fully constructed and operational. SECTION 2 Suspension of Other Funding Requests. Until the Recipients complete the Project and the Board verifies the Project expenditures: i. ` The City of Waterloo shall not submit to the Board any new applications for any financial assistance. ii. The City of Waterloo shall suspend all applications for any financial assistance that are currently pending before the Board, including but not limited to the Waterloo Development Corporation / Cedar Valley SportsPlex project (Application number 11 -CAT -023). The Board shall not consider any current or future applications from the City of Waterloo for any financial assistance, including but not limited to the Waterloo Development Corporation / Cedar Valley SportsPlex project (Application number 11 -CAT -023). SECTION 3 CAT Marketing Fund Applications Permitted. Notwithstanding anything to the contrary, Section 2 of this Amendment shall not apply to any applications for CAT marketing funds under Iowa Code section 152204(5) (2011) by the City of Waterloo. Furthermore, the Board may consider current or future applications for CAT marketing funds under Iowa Code section 15F.204(5) (2011) from the City of Waterloo. Except as otherwise revised above, the terms, provisions, and conditions of Contract Number 01 -VI -010 remain unchanged and are in full force and effect: FOR THE VISION IOWA BOARD: Cathy Reece, Chairwoman Date FOR THE CITY OF CEDAR FALLS: /2-4/7,. Date Page 3 of 3 Amendment No. 5 Contract No. 01 -VI -010 FOR THE CITY OF WATERLOO: Ernest G. Clark, Mayor Date FOR THE H.W. GROUT TRUST: Barbara Corson, President Date CITY OF WATERLOO Council Communication City Council Meeting: December 19, 2011 Prepared: December 13, 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 adopt resolution transmitting Contracts, Bonds and Certificates of Insurance from Peterson Contractors Inc. (PCI) of Reinbeck, Iowa for the 2011 RIVERVIEW RECREATION AREA PASSIVE UNIT ENHANCEMENT PHASE II (Contract No. 815), and approve and authorize the Mayor to sign Contract between City of Waterloo & Peterson Contractors Inc. 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 Arca 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. Contract awarded December 12, 2011. CITY OF WATERLOO Council Communication City Council Meeting: December 19, 2011 Prepared: December 14, 2011 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: Cooperative Agreement For Enhancement Development University Avenue Corridor Submitted by: Jeff 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 a Cooperative Agreement For Enhancement Development along the University Avenue Corridor from the U.S. Highway 63 Interchange to the Iowa Highway 58 interchange, This is a mutual agreement between the Iowa DOT, Black Hawk County Metropolitan Area Transportation Policy Board (MPO), City of Cedar Falls and the City of Waterloo, and includes the securing of professional services for an estimated amount of $108,869. The MPO will finance 80% ($87,096) and the both the City of Cedar Falls and the City of Waterloo will finance 10% each ($10,887). Expenditure Required The cost of this agreement is $10,887. Source of Funds General Obligation Bonds - $10,887. Policy Issue N/A Alternative N/A Background Information A University Avenue Corridor Study was completed in August of 2010 and included a corridor enhancement plan to create a distinctive multi -use corridor with a unique visual identity and appeal. The objective of the corridor enhancement plan is to develop a unified design that reflects the interest of the community, complements the context of the corridor and creates a unique visual experience for all users. CITY OF WATERLOO Council Communication City Council Meeting: December 19, 2011 Prepared: December 14, 2011 Dept. Head Signature: # of Attachments: SUBJECT: Recommendation - Award of Bid to Larson Construction Company, Independence, Iowa for the construction of phase I (Base Bid and Alternate 2) for the City of Waterloo Public Works Building in the amount of S6,452,000 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: Recommendation - Award of Bid to Larson Construction Company Expenditure Required: $6,452,000 Source of Funds: IJobs Grant: $5,000,000 / BHCGA Grant: $1,000,000 - GO Bond Proceeds: $452,000 Policy Issue: N/A Alternative: N/A Background Information: It is my recommendation that the bid from Larson Construction Company in the amount of $6,452,000 for construction as per Base Bid and Alternate 2 be accepted. Bids received were: Larson Construction Co Independence, IA $6,452,000 Cardinal Construction Co Waterloo, IA $6,898,000 Henkel Construction Co Mason City, IA $6,962,000 Kraemer Brothers Const Co Plain, WI $7,177,000 Portzen Construction Co Dubuque, IA $7,050,000 Rochen Construction Co Urbandale, IA $7,104,000 Samuels Group Wausau, WI $7,098,400 Tricon Construction Co Dubuque, IA $7,078,000 City of Waterloo Public Works Building Re -Bid November 14, 2011 Aol AIt2 403 Alto Alt Alt AIV Alt A[9 Alt 10 Alt 11 A512 071 E-1 E-2 Company Base 614 Main Room 8 Mezzanine y ¢ N 25 a 25 p 25 ? a 5, o E a 3 -m 3 > z 6 25 - f Masonry ILO Precase Walls BO 0 0 3 o = _ o Unit -Concrete rt m Cardinal Construction, Waterloo. IA 6.623000 263.000 276.000 503,330 482,400 319.000 140,500 144.000 105,600 204.000 104.600 45,000 45,800 $ 61,000 0 (62.300) 25.300 8,600 8,100 35 20 500 6.890,000 Henkel Construction, Mason 05,, IA 6.710000 968.000 252,000 498,500 325,000 297,500 161.500 140.000 107.000 200.000 90,000 35,000 29,500 5 190.000 5 (8.000) 23.500 7.500 7,500 40 65 1,250 6.962,000 Kraemer Brothers Constructlon, Plain. 04 6097,000 1,070,000 280,000 583.000 477000 290,000 125,000 142,000 13.000 196.000 107,000 69.000 39.000 5(106000) $ (85,003) 78,000 10,000 11.000 30 60 200 7,177,000 Lorton Construction, Independence,15 6200,000 965,000 252,000 510.000 480.000 265,000 164,000 150.000 113,000 198,000 96.000 20,000 30.000 5 18.000 $ (49,000) 24,000 10,000 10,000 65 65 500 6452,000 Porten construction, Dubuque IA 6760,000 990.000 290,000 565.000 478,000 227,000 160,000 141.000 113,000 201.500 87,000 18.000 30,000 5 (26000) 5 121,000 24.000 10,000 10,000 30 55 450 7,050,000 Roabsn Construction, Urbandale, 15 6,840,000 1.100,000 264,000 500,000 460.000 316.000 175,000 145,000 110.000 200,000 90,000 18.000 30,000 5 40,000 $ - 24.000 9,500 5.800 25 10 200 7,104,000 Samuels Group, Wausau.W0 6,815.000 992,800 283.400 511,900 501,100 336.500 169.000 127,103 104,500 195,300 106.200 17.600 25,800 $ 82,000 0 (33,5001 33.000 7,800 8,200 30 30 292 7,058.400 TACOn COnsbuoO0n, Dubuque. lA 0,818.000 920,000 260.000 440,000 490,000 320,000 180.000 142,000 105,000 210,000 98,000 78.000 40,000 $ 24,700 5 140,000 24.000 9,000 9.000 35 20 400 7,078,000 CITY OF WATERLOO Council Communication City Council Meeting: December 19, 2011 Prepared: December 14, 2011 Dept. Head Signature: # of Attachments: SUBJECT: Resolution approving Contract, Bonds and Certificates of Insurance with Larson Construction Company of Independence, IA for the construction of the City of Waterloo Public Works Building and authorize Mayor and City Clerk to execute all necessary documents, Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: 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 scHMITT At -Large CITY OF WATERLOO, IOWA CITY HALL • 715 Mulberry Street o Waterloo, IA 50703 • (319) 291-4301 Fax (319) 2914286 Council Communication City Council Meeting: Prepared: Dept. Head Signature: December 19, 2011 December 15 11 Mayor Clar Number of Attachments: One SUBJECT: Development Agreement for SportsPlex Submitted by: Recommended City Council Action: Resolution approving the Development and Property Transfer Agreement with Waterloo Development Corporation for a public SportsPlex facility. Summary Statement: As you know, the City has been working with the Waterloo Development Corporation to construct a public SportsPlex facility on the land approximately bounded by Jefferson Street, West Mullan and nearly to West Third Streets. This agreement outlines the requirements between the City and the Waterloo Development Corporation for its construction and the subsequent lease purchase of the facility by the City. The closing date under the agreement is subject to certain conditions that include several public hearings required by state law. It's anticipated that these hearings will take place in January 2012. Expenditure Required: None Source of Funds: Policy Issue: Alternative: Background Information: N/A N/A None N/A CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 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 SCHMITT At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 SUZY SCHARES • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: December 19, 2011 December 13, 2011 nlncft c z) Number of Attachments: None SUBJECT: Submitted by: Comprehensive Annual Financial Report for the Year Ended June 30, 2011 Michelle Weidner, Chief Financial Officer Recommended City Council Action: I recommend that the Comprehensive Annual Financial Report for the Fiscal Year Ended June 30, 2011 be placed on file. Summary Statement: N/A Expenditure Required: Source of Funds: Policy Issue: Alternative: None N/A None N/A Background Information: The financial statements were not printed in time to include them in the council packets. McGladrey will deliver them Monday, December 19. CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO, IOWA COMPREHENSIVE ANNUAL FINANCIAL REPORT Year Ended June 30, 2011 Prepared by: City of Waterloo Finance Department Michelle C. Weidner, CPA, Chief Financial Officer Joyce Schroeder, Financial Analyst Ruth Haley, Financial Analyst Emily Graham, Financial Analyst `, R K W OF WATERLOO, IA COMMUNITY PLANNING AND DEVELOPMENT ‘.Aeti l a, Imaa !,y3:;• CITY OF WATER OO` �" ��t31�u Rasa 16actO4Poii 1-0yd cc -u,: cergaldrt !n► peuL City Council Meeting: May 23, 2011 �1, ,'. rf/tg/at __ Prepared: May 20, 2011 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 Council Communication 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 lots 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 vVORKINC I'i 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 other evidence 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 4th Street. Sunnyside South Addition, LLC, PO Box 447, Hudson, IA 50643. The applicant is requesting to vacate approximately a % 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 1/2 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 IA 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 Marnan —Ansb to W 4th 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 ',VG M ,!'1"' :147) 1 toi`pry, 11 500 250 0 age - ........_ feet City of Waterloo Planning & Zoning Department 715 Mulberry Street, Waterloo, Iowa 50703 ( (319) 291-4366 Lt Offer to Vacate and Purchase City Right -of -Way Li Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property Applicant Sunnyside South Addition L L C. Address: PO Box 447 Hudson, IA 50643 Phone No.: (319) 290-4357 General Description of Property to Vacated (i.e.- alley between A St. & B St., South of C St): Part of W. San Maman Drive right-of-way between Ansborough Avenue and W. 4111 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): • Right-of-way vacation — One Hundred Dollar ($100.00) Filing Fee • Easement or sidewalk vacation, or Encroachment - Fifty Dollar ($50.00) Filing Fee • Sale of city -owned property not required to be vacated —No Fee • 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 attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • 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 must 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. ApVC p4Ilq1l\ A tic eff Stickfo 111 ate *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 4th 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 K ACU. VOt OF WATERLOO, COMMUNITY PLANNING AND DEVELOPMENT (P1((P1(312-0« CITY OF WATERLOO i�/Otte « 4 : cef u/aa" CLC/lr/a-0 Council Communication City Council Meeting: May 23, 2011 Prepared: May 20, 2011 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 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 lots 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 ,A L r: WORKING POR YC)li, Background Information: The City of Waterloo would like to see more housing opportunities within its corporate limits, which a major portion of that is the creation of subdivisions and platting of lots. This request would create new lots where existing right-of- way lies, as well as work to take advantage of a great asset, the Country Club Golf Course, in this area to attract high quality housing. 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 other evidence 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 execute such reasonable documents, as Company may request to obtain merchantable title, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances or other applicable law. b. City agrees to cooperate with Company to develop a street design that integrates with a reconnection to the remainder of existing West San Marnan Drive at each end of the new street and that considers the likelihood of future construction of an extension of San Marnan Drive to the south in connection with future land development. Company shall have the right to select a name for the new street, subject to approval by the City. c. City agrees to provide reasonable assistance to Company in connection with any applications for rezoning of the Property or portions thereof for purposes consistent with the Project and the eventual development of the Property for residential subdivision. d. City agrees to provide reasonable assistance to Company and to cooperate, subject to the requirements of applicable law and current standards of good engineering practice, in approval of plans affecting drainage of surface waters and for location or relocation of utilities and infrastructure and approval of same as actually placed. 3. Representations and Warranties of City. City hereby represents and warrants as follows: a. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. 4. Representations and Warranties of Company. Company hereby represents and warrants as follows: a. It is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. b. It is duly organized, validly existing, and in good standing under the laws of the state of Iowa. 2 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 it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 9. Captions. All captions, headings or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and or/or reference, and they shall in no way be construed as limited, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 10. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 11. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 12. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supercedes all prior to contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 13. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Project Development Agreement as of the date first set forth above. CITY OF WATERLOO, IOWA SUNNYSIDE SOUTH ADDITION, LLC By: By: A NAL M +M Ernest G. Clark, Mayor Jeff S c<fort, Manager Attest: Suzy Schares, City Clerk 4 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. EXHIBIT "B" Preliminary Site Plan See attached. 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 41h Street. Sunnyside South Addition, LLC, PO Box 447, Hudson, IA 50643. The applicant is requesting to vacate approximately a'/ 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'/ 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 HISTORY: May 3, 2011 to the south for future multiple family residential development and professional office development. The Sunnyside Country Club is to the north and serves as green space, and there are single-family houses that abut that development. BUFFERS/ SCREENING No buffers or additional screening is needed with this request. REQUIRED: DRAINAGE: Vacation of the right-of-way would not appear to have a negative impact on drainage in the area. There is currently ditch drainage along the existing road and there would be storm sewer installed as part of the construction of the new road. The storm sewer will need to be adequately designed to handle the drainage in the area. FLOODPLAIN: No portion of the property in question is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map 190025 0015, dated July 3, 1985. PUBLIC /OPEN Sulentic Park is located approximately a'/ mile to the northeast SPACES/ SCHOOLS: along the west side of Ansborough Avenue. The nearest school would be Lou Henry Elementary and Hoover Middle School, located approximately 1.5 miles to the north and east at the intersection of Rachael Street and Colby Road. UTILITIES: WATER, There is 4" drain tile located on both the north and south sides of SANITARY SEWER, West San Marnan Drive. It appears that there were some culverts STORM SEWER, ETC within the area in question, however, those have been abandoned and plugged. There is a large overhead electric line that runs along the south side of the road. It is not proposed to change the location of the overhead electric and it will remain on the south side of the existing right-of-way. There is a 12" water main that is stubbed at the intersection of West San Marnan Drive and Galactic Drive that can be extended westward to serve new development. RELATIONSHIP TO The Future Land Use Map (February 3, 2003) designates the area COMPREHENSIVE as Parks and Open Spaces, as well as Mixed Commercial, Medium LAND USE PLAN: to High Density Residential, Professional Offices and Compatible Light Commercial. The proposed vacate would be consistent with that designation. The site is located within the Primary Growth Area. STAFF ANALYSIS — The applicant is requesting to vacate approximately 2,600' of West ZONING San Marnan Drive right-of-way between Ansborough Avenue and ORDINANCE: West 4th Street for the purpose of relocating the roadway further to the south to create additional residential development lots that abut the south side of Sunnyside Country Club's golf course. The applicant has indicated that relocation and reconstruction of the new road will take approximately 3 months to complete, which means that traffic will have to be re-routed to other routes in the Vacate W San Marnan —Ansb to We Page 69 Page 2 of 4 STAFF ANALYSIS — SUBDIVISION ORDINANCE: Vacate W San Marnan —Ansb to W 4" 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 May 3, 2011 STAFF Therefore, staff recommends that the request to vacate a portion of RECOMMENDATION: West San Marnan Drive between Ansborough Avenue and West 4th Street due to the following reasons: 1. The request would not appear to have a negative impact on the surrounding area, and relocation of the road will promote further residential and professional office development. 2. The request would not appear to have a negative impact upon pedestrian or vehicular traffic conditions within the surrounding area, as the street will only be closed approximately 90 days. Subject to the following condition(s): 1. That the new roadway is built within 90 days of conveyance of the portion to be vacated, to ensure that traffic is not altered for an extended period of time. 2. That the new road to be built is dedicated for the relocation of West San Marnan Drive, and is built in accordance with all applicable codes and ordinances, and is acceptable to the City Engineer for roadway design, drainage, and other applicable regulations. Vacate W San Marnan — Ansb to W 4" Page 71 Page 4 of 4 Request to vacate portion of San Marnan right-of-way between Ansborough and W 4th Street to 0 PROPOSED ROW VACATION 0 WEST SAN MARNAN DRIVE CITY OF WATERLOO IOWA VJ Engineering 1501 Technology Parkway Cedar Falls, Iowa. 319-266-5829 o eflealWa tOnn reel non ry6S 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 ❑ 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) 290-4357 General Description of Property to Vacated (i.e.- alley between A St. & 13 St., South oft St.): Part of W. San Martian Drive right -of --way between Ansborough Avenue and W. 4'" Street Legal description of area to be conveyed, vacated, or encroached: See Attached 2. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Dollar ($100.00) Filing Fee • Easement or sidewalk vacation, or Encroachment - Fifty Dollar ($50.00) Filing Fee • Sale of city -owned property not required to be vacated —No Fee • 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 attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • 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 must 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 constru�ctiioon as the reason for the request. i I Applicable litefP ti kforf ate *Not required for easement vacates sidewalk vacates or Encroachment Agreements Page 74 W. San Marnan Drive R -O -W Vacation Legal Description 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 comer 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 894.24 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 1153.71 feet to a point on the East line of said Southwest Quarter; thence N 87°27'11" E 1446.30 feet along said North right-of-way line; thence S 02°32'49" E 145.00 feet to a point 75 feet normally distant North of the South right of way line of W. San Maman Drive; thence S 87°27'11" W 506.66 feet along a line 75 feet North of and parallel with said South right-of-way line; thence S 88°40'09" W 942.73 feet along a line 75 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 1150.83 feet along a line 75 feet North of and parallel with said South right-of- way line; thence N 02°32'49" W 125.00 feet to the point of beginning; containing 7.910 acres, more or less Prepared for: Sunnyside South Addition L.L.C. Page 75 Vacate- 7.41 acres of San Marnan right-of-way between Ansborough Avenue and West 4th 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 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: 6/6/11 Prepared: 6/1/11 Dept. Head Signature: # of Attachments: COUNCIL SUBJECT: Motion to concur with the determination of the City Planner that MEMBERS the proposed change to the approved site plan for Crossroads Estates Replat No 1 in an "R -3,R -P" Planned Residence District is insignificant in nature and approved as a Minor Site Plan Amendment. DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large Submitted by: Aric Schroeder, City Planner Recommended City Council Action: approval. Summary Statement: On 98/19/91 Ordinance No. 30439 was approved rezoning the land within Crossroads Estates Replat No 1 to "R -3,R -P" Planned Residence District, and approved a site plan for the development. The subdivision is located south of Flammang Drive and East of Alexandra Drive. Primary streets in the subdivision include Hummingbird Circle, Mockingbird Lane and Mourning Dove Drive. The "R -3,R -P" Planned Residence District is site plan specific, and changes to the site plan must be approved through a Site Plan Amendment Process as either a Major or Minor Amendment. The approved site plan from 1991 showed a duplex development built with zero lot lines along a property line dividing each of the duplexes, with remaining side yard setbacks to be a minimum of 7.5 feet, front yard setbacks to be a minimum of 25 feet, and rear yard setbacks to be a minimum of 20'. The northwest corner of the development was later replated and has had multiple Site Plan Amendments approved. The remainder of the subdivision has remained vacant, but has recently had significant portions acquired by multiple developers who are moving forward with plans to develop the area. There may be some areas that are still developed with duplexes, however the developers are also looking at the option of building single-family homes. Staff is proposing to change the approved site plan to allow single-family homes or duplexes, and to allow for the dwellings to have a minimum side yard of 5 feet, 2.5 feet less than the 7.5 feet currently required. Staff feels that the change in the approved site plan is minor in nature, and requests Council concurrence on staff's approval of the change as a Minor Site Plan Amendment. Expenditure Required: none Source of Funds: n/a Policy Issue: Economic Development CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Alternative: If Council does not concur, the change would be considered a Major Site Plan Amendment and be required to go though the approval process as such. Background Information: The City of Waterloo Zoning Ordinance No. 5079 adopted 10/17/11 provides for any changes to an approved site plan in an "R -P" Planned District to approved through either the Major or Minor Site Plan Amendment Process. Minor Site Plan Amendments may be administratively reviewed by Planning staff. If the change is considered insignificant in nature, staff may approve the change without a review and public hearing before the Commission and City Council. The Ordinance provides for the types of changes that can be considered minor, which includes a change in use to another use permitted in the same zoning district (single family homes and duplexes are both permitted in the "R -3,R -P" District), and minor changes in building locations (setbacks) Prior to Ordinance No. 5079, the previous Zoning Ordinance also had a provision for minor site plan amendments, but they still required Council approval (just did not require Council hearing or review by the Planning Commission). The new Ordinance allows for minor changes to be approved by staff, but staff is requesting Council concurrence on our determination that the proposed change in the site plan is minor. Legal Description: Crossroads Estates Replat No. 1, Lots 1 thru 8, Lots28 thru 92, and Lots 117 thru 140, all in the City of Waterloo, Black Hawk County, Iowa. cc: Noel Anderson, Community Planning & Development Director Path: K:\USERS\ARIC-S\City of Waterloo\council letters\Site Plan Amendments \12-1411 Council Communication Concurance Minor Site Plan Amendment Crossroads Estates Replat No 1.doc SITE PLAN FOR CROSSROADS ESTATES REPLAT \o. 1 WATERLOO 3 LAC'<H AW< COU \ TY, IOWA Ord, Po. owl a(1( NOTE: LOT CRITERIA FRONT BUILDING SETBACK 25' SIDE YARD = MIN. 7.5' REAR YARD • = MIN. 20' 6(05srdctd s ass I�.Qp( I)o , d2 H 11+7.'31 .-00' CI 'Y OF WATERLOO, IOWA ifirafrrfa Mayor BUCK CLARK COUNCIL MEMBERS DAV ID JONES bard WASTE MANAGEMENT SERVICES 3505 EAST ON AVE VVATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 12/19/11 Prepared: 12/08/11 Dept. Head Signature: # of Attachments. SUBJECT: Rental /purchase one tub grinder Submitted by: Larry N. Smith I �ai`f1�1� CAROLYN COLE Recommended City Council Action: Approval to seek bids and to enter into an Ward 2agreement to rent/purchase one used Vermeer TG525L tub grinder and to set the date I IAROLD of hearing Jan 24,2012 GETTY Warr/3 QUENTIN HART (Pard 1 RON WELPER (Pard 5 BOB GREENWOOD At -Large STEVE SCHM ITT At -Large Summary Statement: Expenditure Required: Less than $200,000.00 Source of Funds: 525/15/5400/ Policy Issue: Alternative: Background Information: We wish to rent a tub grinder for the remainder of physical budget year 2012 and to make a final purchase payment in July 2012. Estimated total cost will be $200,000.00 or less with monthly payments of $20,000.00. (We intend to use funds that were allotted for contractual work of grinding and composting) We have selected the TG525L Vermeer grinder based on the manufacture location and reputation of unit. WE'RE V4 ORKING FOR YOU! An Equal Oppofuntt}9Awrrnative Action Employer CITY OF WATERLOR IOWA Mayor BUCK CLARK COUNCIL MEMBERS 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: December 19, 2011 Prepared: December 14. 201 Dept. Head Signature: %& d�✓Vl # of Attachments: 140`Obia— SUBJECT: Asbestos Abatement Services Request for Proposals for the following properties: 212 Jefferson Street, 302 Jefferson, 306-308 Jefferson Street and 312 Jefferson Street. DAVID JONES Submitted by: Noel Anderson- Community Planning & Development Director Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 Recommended City Council Action: Approve plans and specifications and authorize bid letting. Bids are due and opened on January 3, 2012. Summary Statement: The City of Waterloo will be demolishing these structures in preparation of the future Sports Complex. State laws require that all asbestos containing material be removed prior to demolition. Expenditure Required: To be determined Source of Funds: The asbestos survey and demolition activities of this site will be undertaken by the City of Waterloo using G.O. funds, for nuisance abatement. Policy Issue: Residential Development BOB GREENWOOD -Large Alternative: N/A At -Large STEVE SCHMITT Ar -Large Background Information: The City of Waterloo will be demolishing this structure in preparation of further Residential Development. State laws require that all asbestos containing material be removed prior to demolition. cc: NOEL C. ANDERSON, Community Planning & Development Director CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative ActiodEmployer Mayor BUCK CLARK CITY DF WATERLCDJ 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: December 19, 2011 Prepared: December 14, 2011 Dept. Head Signature: 7 # of Attachments: COUNCIL SUBJECT: Asbestos Abatement Services Request for Proposals for 330 Madison Street. MEMBERS Submitted by: Noel Anderson- Community Planning & Development Director DAVID JONES Recommended City Council Action: Approve plans and specifications and authorize bid letting. Ward l Bids are due and opened on January 3, 2012. CAROLYN COLE Summary Statement: The City of Waterloo will be demolishing this structure in preparation Ward2 of further Residential Development. State laws require that all asbestos containing material HAROLD be removed prior to demolition. GEIIY Ward3 Expenditure Required: To be determined QUENTIN HART Source of Funds: The asbestos survey and demolition activities of this site will be Ward 4 undertaken by the City of Waterloo using G.O. funds, for nuisance abatement. RON WELPER Policy Issue: Residential Development Ward 5 BOB GREENWOOD At -Large Background Information: The City of Waterloo will be demolishing this structure in preparation of further Residential Development. State laws require that all asbestos STEVE SCHMITT containing material be removed prior to demolition. At -Large Alternative: N/A cc: NOEL C. ANDERSON, Community Planning &Development Director CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Voucher Prepared by Pauline C December 9, 2011 Vendor Name Address City & State Snyder & Associates Engineers & Planners 2727 SW snyder Blvd P.O. Box 1159 Ankeny, IA 50023 Invoice Date Invoice Date Invoice No. 11/29/2011 110.0090.08A 9 Special Instructions Submitted By City of waterloo PAYMENT VOUCHER Vendor No. Departrm Engineering Grant/Project Code # Qty/Unit Amount Description TOTAL 9002 A121911 GL Distribution City Contract 775 Est.. No 9 431.42 F.Y 2010 Ridgeway & LaPorte Rd Project 290-07-7500-2165 $107.85 9/12/11 thru 10/31/11 CRS 539.27 12/9/11 Date 205-07-7500-2165 Approved By An Equal Opportunity/Affirmative Action Employer Date Payment voucher prepared by: Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A121911 December 9, 2011 Vendor Name AECOM Address City & State ************************************* Invoice Date Invoice No. Qty/Unit Vendor No. Department: Engineering Grant/Project Code # 07Spr(714) Amount Description G/L Distribution 11/29/11 8(37186525) 27,972.74 Donald Street Improvements 290-07-7500-2103 6,993.18 From 10/1 - 10/28/11 205-07-7520-2103 - Contract 797 520-14-5200-2103 Special Instructions: Total $ 34,965.92 11/10/11 Date Approved By: An Equal Opportunity/Affirmative Action Employer Payment voucher prepared by: Pauline Closso C CITY OF WATERLOO 9002 PAYMENT VOUCHER A121911 December 9, 2011 Vendor Name Address City & State Invoice Date Peterson Contractors Inc. Invoice No. Qty/Unit 12/8/11 15 Special Instructions Submitted By Vendor No. Department Engineering Grant/Project Code # 07 VIP PUMP Amount Description G.L. Distribution City Contract 801 Est # 15 Cattle Congress $40,517.73 Storm Water Improvements Div. 1 $6,650.00 Division II Sanitary Pump Station Period ending 12/2/11 TOTAL $47,167.73 12/9/11 Date Approved By An Equal Opportunity/Affirmative Action Employer 424-07-7505-2171 520-14-5200-2163 Payment voucher prepared by: Pauline Closson 9002 CITY OF WATERLOO A121911 PAYMENT VOUCHER December 9, 2011 Vendor Address City & State Invoice Date AECOM Vendor No. Department: City Engineering Department Grant/Projec 07VIPENGD 37IMPMARK Batch No. Keyed By: Invoice No. Qty/Unit Amount Description G/L Distribution 12/6/2011 37188890 5,349.30 Cedar Valley Riverfront Renaissance W'loo Vision la Proj. Loop/Cedar River Dam Cedar River Plaza & Amphitheatre NP 2/19/11 - 3/18/11 Mark's Park & Performance Structure Mark,s Park RECAT Marks Park RECAT 9,500.00 Marks Park RECAT Add Design Features Reimburseable Special Instructions: ubbmmitted-4 07VIPENGS 424-07-7505-2103 37IMPMARK 426-37-4105-2103 RECAT 426-37-4105-2103 San Sewer 607-14-5300-2162 426-37-4105-2103 Total 14,849.30 12/9/11 il Date Approved By: Date An Equal Opportunity/Affirmative Action Employer Voucher Prepared by Pauline C CITY OF WATERLOO PAYMENT VOUCHER December 9, 2011 Vendor Name Chicago Central & Pacific Address 33701 Treasury Centre City & State Chicago, IL 60694-3700 Invoice Date ************************************* Invoice No. Qty/Unit 9/14/11 90501747 Special Instructions Submitted By Vendor No. Department: Engineering Grant/Project Code # Amount Description $14,923.75 TOTAL 14,923.75 12/9/11 Date Install new grade crossing @ Dearborn St. Waterloo DOT # 307 113H This is CN'S portion that has to handled by the City of Waterloo agreement A12708 see attached agreement G/L Distribution 205-07-7500-2165 Approved By Date An Equal Opportunity/Affirmative Action Employer Voucher Prepared by Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A121911 December 9, 2011 Department Vendor Name AECOM Grant/Project Code # 07H63ENGR Address City & State **** *****,«......****************** Invoice Date Invoice No. Qty/Unit Amount Description G.L. Distribution U.S. Hwy 63 Final Design Phase 11/29/11 14(37186534) $31,643.10 NHSX-63-6(69)--3H-07 $7,910.77 10/29/11 - 11/25/11 $913.86 Sanitary Sewer (NP) Est # 13 Spec ' -1 Instructions TOTAL 40,467.73 12/9/11 Date Approved By An Equal Opportunity/Affirmative Action Employer 290-07-7520-2103 205-07-7520-2103 520-14-5200-2103 Council Work Session December 19, 2011 4:25 p.m. Council Chambers Roll Call. Approval of Agenda, as proposed or amended. 1. Auditor review of the FYE2011 audited financial statements—Submitted by Michelle Weidner, Chief Financial Officer. ADJOURNMENT Suzy Schares City Clerk