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10/21/2013
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, OCTOBER 21, 2013 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. S. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tern) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. October 21, 2013 Roll Call. Moment of Silence. Pledge of Allegiance: Michelle Weidner, Chief Financial Officer. Agenda, as proposed or amended. Minutes of October 14, 2013, Regular Session, as proposed. Page 2 Swearing -In of the following Police Officers: William Herkelman, Nicholas Weber and Caleb Christiansen. Proclamation declaring October 20-26, 2013 as "Character Counts Week". 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) a. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request of Mark and Martha Clark for tax exemptions on improvements totaling $350, 000.00 for property located at 3836 Trent Lane and located in the City Limits Urban Revitalization Area (CLURA). Submitted by Noel Anderson, Community Planning & Development Director 3. Request of Sherman Wise for tax exemptions on improvements totaling $133,000.00 for property located at 919 West Parker Street and located in the Consolidated Urban Revitalization Area (CURA). Submitted by Noel Anderson, Community Planning & Development Director 4. Request of Brent Williams for a concrete driveway to be located at 1521 and 1523 Black Hawk Road, together with recommendation of approval of City Engineer. Submitted by Eric Thorson, P.E., City Engineer b. Motion to approve the following: October 21, 2013 1. Page 3 Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to exceed Dan Youngblood, Chief Combination Inspector 2013 MEI Iowa Chapter Fall Educational & Business Meeting Altoona, IA 10-17-13 to 10-18-13 $140.00 2. Mayor Clark's recommendation of the following appointments: 3. 4. 5. 6. Appointee Board/ Commission Expiration Date New or Re - Appointment Sue Schauls International Property Maintenance Code Board of Appeals October 31, 2016 Re Appointment Bernard Stroh International Property Maintenance Code Board of Appeals October 31, 2016 Re Appointment Rudy Jones Metropolitan Transit Authority Board June 30, 2015 New Appointment Approved Beer, Liquor, and Wine Applications Name & Address of Business Class C Liquor, Outdoor Service New or Renewal Renewal Expiration Date 7-31-14 Includes Sunday X Casey's Pub & Eatery 1125 W. Donald Street Cadillac Lanes 650 LaPorte Road C Liquor, Outdoor Service Renewal 7-22-14 X Fraternal Order Of Eagles, Waterloo Aerie #764 A Liquor, Outdoor Service Renewal 6-30-14 X Hy -Vee C -Store #4 3700 University Avenue CBeer New 11-1-14 X October 21, 2013 7. 8. 9. Page 4 Hy -Vee #1 Clubroom Special C Liquor New 104 7-14 X 2834 Ansborough (Beer/ Wine) Avenue LongHorn C Liquor Renewal 8-31-14 X Steakhouse #5374 1425 E. San Marnan Drive Neighborhood Mart 2100 Lafayette E Liquor, B Wine, C Beer Renewal 7-31-14 X Street 10. Bonds PUBLIC HEARINGS 2. Request by BCS Properties, LLC of Waterloo, Iowa for the vacation of approximately 10.33' x 176' (1,818 SF) of City -owned right -of way located west of 1850 West Ridgeway Avenue, for the purpose of constructing a new multi -tenant commercial building and parking lot on the property. 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 approximately 10.33' x 176' (1,818 SF) of City -owned right-of- way located west of 1850 West Ridgeway Avenue. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Aric Schroeder, City Planner 3. Real Estate Purchase Agreement with Buckets, Inc. of Waterloo, Iowa for the sale of City -owned land identified as parcel no. 8912-32-102-002 located at 3215 Lafayette Street in the amount of $1.00, plus up to $2,000.00 in closing costs, in connection with Amendment to Development Agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution approving said Real Estate Purchase Agreement; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director October 21, 2013 Page 5 4. Exchange Agreement and Assignment of Offer to Buy Real Estate and Acceptance with L & H Farms, Ltd. of Waterloo, Iowa for the acquisition of property in Black Hawk County for exchange of property in the San Marnan TIF District, in the amount of $461,290.00 for 10.156 acres of land in November 2013 and $395,846.00 for 8.175 acres of land in March 2014, plus up to $10,000.00 in closing costs, and an Option Exchange Agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution approving said Exchange Agreement and Assignment of Offer to Buy Real Estate and Acceptance; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 5. Request by BCS Properties, LLC of Waterloo, Iowa to rezone 1.31 acres of land from "R -2,C -Z" Conditional Zoning District to "C-2" Commercial District, located at 1850 West Ridgeway Avenue, for the purpose of constructing a new multi -use commercial building. 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 amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director 6. Adoption of the 2014-2018 Capital Improvements Program for the City of Waterloo. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution approving adoption of said program. Submitted by Noel Anderson, Community Planning & Development Director October 21, 2013 RESOLUTIONS Page 6 7. Resolution approving Department of Justice Crime Victim Assistance Division for a Federal Violence Against Women Contract in the amount of $36,180.00, with a required local match of $12,060.00, to apply towards funding of the Domestic Abuse Response Team (DART). Submitted by Daniel J. Trelka, Director of Safety Services 8. Resolution approving Automobile Lease Agreement with C & S Car Company Hyundai Mazda Subaru of Waterloo, Iowa for the Police Department's Life Skills Program, at no cost to the City, for the period October 28, 2013 to April 28, 2014; and authorize Mayor and City Clerk to execute said document. Submitted by Daniel J. Trelka, Director of Safety Services 9. Resolution approving Contract Modification No. 1, in the amount of $3,500.00, for work performed by KWS, Inc. of Cedar Falls, Iowa, in conjunction with the Fiber Optic Connection: City Network to SportsPlex Building; and authorize Mayor to execute said document. Submitted by Sandie Greco, Traffic Operations Superintendent 10. Resolution approving Professional Services Agreement with Transcore ITS, LLC of Ankeny, Iowa, in the amount of $29,949.92, to conduct a system audit of the City's wireless communications and camera network; and authorize Mayor to execute said document. Submitted by Sandie Greco, Traffic Operations Superintendent 11. Motion approving Change Order No. 2 for a net decrease of $23,748.50 for work performed by Vieth Construction Corporation of Cedar Falls, Iowa for the F.Y. 2012 Secor Railroad Spur, Contract No. 794; and authorize Mayor and City Clerk to execute said document. Submitted by Jeff Bales, Associate Engineer 12. Motion approving Change Order No. 1 for a net decrease of $3,542.77 for work performed by Benton's Sand and Gravel, Inc. of Cedar Falls, Iowa for the F. Y. 2012 Geraldine Road Extension, Contract No. 821; and authorize Mayor and City Clerk to execute said document. Submitted by Jeff Bales, Associate Engineer 13. Motion approving Change Order No. 2 for a net increase of $2,630.88 for work performed by Matthias Landscaping of Waterloo, Iowa for the Gates Park Golf Course - Virden Creek Erosion Project; and authorize Mayor and City Clerk to execute said document. Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager October 21, 2013 Page 7 14. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Matthias Landscaping of Waterloo, Iowa, at a total cost of $55,846.15, for the Gates Park Golf Course Virden Creek Erosion Project. Submitted by JB Bolger, Golf & Downtown Area Maintenance Manager 15. Resolution approving recommendation of award of bid to Cedar Rapids Truck Center of Cedar Rapids, Iowa, in the amount of $224,460.00, for the Purchase of One (1) 2014 Automated Side -Load Garbage Truck. Submitted by Mark Rice, Public Works Director 16. Resolution approving Enterprise Zone Certification with Iowa Department of Economic Development for the expansion of the Enterprise Zone to include property bounded by Ravenwood Road and Ravenwood Circle in Hammond Hills Sixth Addition. Submitted by Noel Anderson, Community Planning and Development Director 17. Resolution approving Contract Agreement with Visual Logic, in the amount of $16,635.00, for the upgrading and reformatting of the Brownfield Assessment Grant website; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning and Development Director 18. Resolution approving Housing Enterprise Zone Agreement #13-HEZ-096 for Park Avenue Lots, LLC for the development of 11 multi family units at the Masonic Temple building within the Enterprise Zone; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 19. Resolution approving Development Agreement with Court Square Building Co. of Waterloo, Iowa for the redevelopment of 620 Lafayette Street (Beecher Law Firm) for the expansion near the Main Street parking lot infill, creating a new minimum value for the building of $430,420.00, and tax rebates for 5 years at 100 percent; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 20. Resolution approving Development Agreement with R & S Commercial LLC of Waterloo, Iowa for the development of a new 5,200 square foot warehouse and office in the Rath area, valued at $240,000.00, with City acquisitions of 1027 and 1025 Sycamore Street at $169,000.00, with closing costs up to $10,000.00; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director October 21, 2013 Page 8 21. Resolution setting date of hearing as November 4, 2013 to approve request by Lockard Realty of Cedar Falls, Iowa to rezone approximately 1 acre of land located at 114 Monroe Street from "R-2" One and Two Family Residence District to "R-2, C -Z" Conditional Zoning District, for the purpose of legally re-establishing an existing truck repair shop; and instruct City Clerk to publish notice. Submitted by Noel Anderson, Community Planning & Development Director ORDINANCES 22. Ordinance Change - Decreasing Speed Limit to 35 MPH a San Marnan Drive from W. Fourth Street to Ansborough Avenue Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by adding Subsection (2) San Martian Drive to Section 541A, Decreasing Speed Limits in Certain Areas. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Sandie Greco, Traffic Operations Superintendent OTHER COUNCIL BUSINESS 23. Rental of Three (3) Motor Graders to Support Snow Operations Motion to instruct Public Works Director 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 November 12, 2013; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. - Submitted by Mark Rice, Public Works Director 24. Motion to receive and file communication from Iowa Department of Transportation transmitting notification of letting of a Portland Cement Concrete patching project on I-380 from I-80 north to U.S. 218 in Waterloo on March 18, 2014. Submitted by Eric Thorson, P.E., City Engineer ORAL PRESENTATIONS Motion to receive and file oral comments. October 21, 2013 ADJOURNMENT Motion to adjourn. Page 9 Suzy Schares City Clerk MEETINGS Monday, October 21, 2013 5:05 p.m. - Boards & Commissions Committee, Council Chambers 5:10 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Communication from Waste Management Services Superintendent on the retirement of Keith Kearns, effective October 4, 2013 with recommendation of approval of payout of $10,668.20 for unused benefits. 2. Waterloo Leisure Services Commission meeting minutes of September 10, 2013 on file in the City Clerk's office. 3. Community Development Board meeting minutes of September 10, 2013 on file in the City Clerk's office. 4. Community Development Board Citizen Input Needs Hearing for FY2015-2019 Five -Year Consolidated Plan minutes of September 10, 2013. CONTRACT PAYMENT SCHEDULE 1. Waterloo Stormwater Lift Stations, Contract No. 831 Pay estimate No. 4 to Story Construction in the total amount due of $184,688.77. 2. E. Donald Street Reconstruction, Contract No. 797 Pay estimate No. 14 to Stickfort Construction in the total amount due of $143,690.44. 3. Donald Street Improvements — U.S. Hwy 63 to Mildred Street Pay estimate No. 15 to AECOM in the total amount due of $2,138.95. 4. Donald Street Improvements — Newell Street to Donald Street Pay estimate No. 7 to AECOM in the total amount due of $6, 599.21. 5. West Shaulis Road Extension, Contract No. 784 Pay estimate No. 9 to Kirkham Michael & Associates in the total amount due of $6,147.67. October 21, 2013 Page 10 6. F.Y. 2012 Secor Railroad Spur, Contract No. 704 Pay estimate No. 4 to Vieth Construction Inc. in the total amount due of $9,419.92. 7. F.Y. 2012 Geraldine Road - Phase II, Contract No. 821 Pay estimate No. 5 to JDE Engineering in the total amount due of $947.25. RESOLUTION NO. 2013-851 USED INADVERTENTLY RESOLUTION NO. 2013-852 USED INADVERTENTLY RESOLUTION NO. 2013-853 USED INADVERTENTLY October 14, 2013 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, October 14, 2013. Mayor Ernest G. Clark in the Chair. Roll Call: Schmitt, Welper, Cole, Getty, Jones. Absent: Greenwood, Hart. Moment of Silence. Pledge of Allegiance: Jim Walsh, City Attorney. 141650 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, October 14, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion carried. 141651 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, October 7, 2013, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion carried. Mayor Clark read a Proclamation declaring October 19, 2013 as "We Shall Not Be Moved" Day. Mayor Clark recognized Andy Bedard October 2013 Team Member of the Month CONSENT AGENDA 141652 - Welper/Schmitt 1. 2. 3. that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report dated October 14, 2013, in the amount of $2,843,911.88, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. 2. Resolution adopted and upon approval by Mayor assigned No. 2013-811. 3. Resolution approving request from Hartman Reserve Nature Center for an Exception to Burning Yard Waste to burn approximately 26.3 acres of prairie grass located in seven areas within Hartman Reserve Nature Center during the period of October to December 2013, together with recommendation of approval of the Chief of Fire Services. Resolution adopted and upon approval by Mayor assigned No. 2013-812. 4. Resolution approving request of Harold O'Bryon for tax exemptions on improvements totaling $200,000.00 for property located at 3834 Trent Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2013-813. b. Motion to approve the following: Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Katy Albert & Vertigo Waterloo, 10/10/13 - $125.00 Sophia Hamilton, Performance Artists Performance Art Series IA 10/12/13 Joseph Ravens & Vertigo Waterloo, 11/1/13 - $125.00 Adam Rose, Performance Artists Performance Art Series IA 11/3/13 Eric Thorson, City Global Warm Mix Coralville, 10/30/13 - $540.00 Engineer & Dennis Asphalt Workshop IA 10/31/13 Gentz, Assistant City Engineer Roll call vote -Ayes: Five. Motion carried. October 14, 2013 Page 2 4. Recommendation of appointment of Gary Wentz to the position of Equipment Operator I for the Street Department, effective October 15, 2013 pending completion of pre-employment physical exam and drug testing. 5. Recommendation of the following appointments: 6. 7. 8. Appointee Board/Commission Expiration Date New or Re - Appointment Crystal Buzza y Cultural & Arts Commission March 1, 2016 New Appointment Brian Quirk Operation Threshold Board of Directors December 31, 2014 New Appointment Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Brown Derby Ballroom 618 Sycamore Street Class C Liquor New 10/1/14 X Grout Museum 503 South Street Special Class C (Beer/Wine) Transfer to 306 Washington Street 10/20/13 Walgreens #03590 3910 University Avenue Class B Wine, Class C Beer, Class E Liquor Renewal 6/16/14 X Pawnbroker's License Application 9. EZ Pawn, 920 LaPorte Road 10. Levi Brothers Jewelry & Loan, 306 E. 4th Street 11. Money and More, 1516 LaPorte Road Theater License Permit Application 12. Crossroads 12 Theatre, 2450 Crossroads Boulevard 13. Romantix Adult Emporium, 1507 LaPorte Road 14. Fantasy Island Amusement, 1850 West Airline Highway 15. Mini Cinema 16, 315 East 4th Street 16. Bonds Roll call vote -Ayes: Five. Motion carried. Mayor recognized the new appointments. PUBLIC HEARINGS 141653 - Schmitt/Welper that proof of publication of notice of public hearing on the Purchase of One (1) 2014 Automated Side -Loader Garbage Truck for the Sanitation Department, be received and placed on file. Voice vote -Ayes: Five. Motion carried. Mr. Getty confirmed that the truck is automated. 141654 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 141655 - Schmitt/Welper that the hearing be closed. Voice vote -Ayes: Five. Motion carried. 141656 - Schmitt/Welper that "Resolution confirming approval of specifications, bid document, etc. in conjunction with Purchase of One (1) 2014 Automated Side -Loader Garbage Truck for the Sanitation Department", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-814. October 14, 2013 Page 3 141657 - Getty/Welper that "Resolution authorizing to proceed in conjunction with the Purchase of One (1) 2014 Automated Side -Loader Garbage Truck for the Sanitation Department", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-815. 141658 - Schmitt/Welper to receive and file and instruct City Clerk to open and read bids and refer to Public Works Director for review in conjunction with Purchase of One (1) 2014 Automated Side -Loader Garbage Truck for the Sanitation Department. Bidder Bid Amount Cedar Rapids Truck Center PO Box 67 Cedar Rapids, IA 52406 217,930.00 Twin Bridges Truck City 2250 W. 76th St. Davenport, IA 52802 225,224.00 141659 - Getty/Welper that proof of publication of notice of public hearing on the Purchase of One (1) 2014 Triple Combination Pumper (Fire Truck), be received and placed on file. Voice vote -Ayes: Five. Motion carried. Mr. Jones questioned what will happen to the old truck. Pat Treloar, Chief of Fire Services, stated that it will be placed into reserve status. 141660 This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Welper that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Five. Motion carried. 141661 - Getty/Welper that "Resolution confirming approval of specifications, bid document, etc in conjunction with the Purchase of One (1) 2014 Triple Combination Pumper (Fire Truck)", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-816. 141662 - Getty/Welper that "Resolution authorizing to proceed in conjunction with the Purchase of One (1) 2014 Triple Combination Pumper (Fire Truck)", be adopted. Roll call vote - Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-817. October 14, 2013 141663 - Getty/Welper Page 4 to receive and file and instruct City Clerk to open and read bids and refer to Chief of Fire Services for review in conjunction with Purchase of One (1) 2014 Triple Combination Pumper (Fire Truck): Bidder Bid Amount Feld Fire 113 N. Griffith Rd. Carroll, IA 57401 No Bid Reliant Fire Apparatus, Inc. PO Box 688 W63 N543 Hanover Ave Cedarburg, WI 53012 508,584.00 Custom Fire Apparatus Inc. 509 -68th Ave. Osceola, WI 54020 528,677.00 RESOLUTIONS 141664 - Welper/Schmitt that "Resolution approving recommendation of award of contract to KWS Inc. of Cedar Falls, Iowa in the amount of $39,750.00 for the Fiber Optic Connection: City Network to SportsPlex Building; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-818. 141665 - Welper/Schmitt that "Resolution approving recommendation of award of contract to Aspro, Inc. of Waterloo, Iowa in the amount of $24,650.00; and approving the Contract, Bonds, and Certificate of Insurance for the FY2014 Sullivan Park Basketball Court Project; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-819. 141666 - Welper/Schmitt that "Resolution approving recommendation of award of contract to Young Plumbing and Heating Co. of Waterloo, Iowa in the amount of $429,800.00; and approving the Contract, Bonds, and Certification of Insurance for the 2013 Young Arena Dehumidification Project; and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-820 141667 - Schmitt/Welper that "Resolution approving recommendation of award of bid to Rally Appraisal Services of Cedar Rapids, Iowa in the amount of $2,000.00 for the appraisal of 222 Walnut Street (House of Hope) located near the intersection of East 2nd Street and Walnut Street", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-821. 141668 - Schmitt/Welper that "Resolution approving recommendation of award of bid to Rally Appraisal Services of Cedar Rapids, Iowa in the amount of $1,200.00 for the appraisal of Parcel No. 8913-24-308-025 owned by Larson Management, LLC located at the intersection of East 2nd Street and Walnut Street", be adopted. Roll call vote - Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-822. October 14, 2013 141669 - Schmitt/Welper Page 5 that "Motion approving Change Order No. 1 for a net increase of $19,237.20 for work performed by Aspro, Inc. of Waterloo, Iowa for Rehabilitation of Taxiway "E" at the Waterloo Regional Airport", be adopted. Roll call vote -Ayes: Five. Motion carried. 141670 - Cole/Welper that "Motion approving Change Order No. 2 for a net increase of $168,124.56 for work performed by Stickfort Construction Corporation, Inc. of Hudson, Iowa for the F.Y. 2013 Blowers Creek Cunette Repairs, Contract No. 845", be adopted. Roll call vote -Ayes: Five. Motion carried. Ms. Cole questioned the change order. Eric Thorson, City Engineer, noted that a large share of the increase was to add additional reinforcements and repair hail damage. Engineering will bring any changes greater than $20,000.00 to Council prior to proceeding. 141671 - Cole/Welper that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Stickfort Construction Corporation, Inc. of Hudson, Iowa at a total cost of $401,711.60 in conjunction with F.Y. 2013 Blowers Creek Cunette Repairs, Contract No. 845", be adopted. Roll call vote - Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-823. 141672 - Cole/Welper that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Benton's Sand and Gravel, Inc. of Cedar Falls, Iowa at a total cost of $268,636.03 in conjunction with F.Y. 2012 Geraldine Road Extension, Contract No. 821; and receive and file two-year maintenance bond", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-824. 141673 - Getty/Cole that "Resolution approving Cooperative Surface Repair Force Account Agreement with Chicago Central and Pacific Railroad Company for the Nevada Street Railroad Crossing in the amount of $18,085.00; and authorize Mayor to execute said document", be adopted. Roil call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-825. 141674 - Getty/Cole that "Resolution approving Notice of Discontinuation from NPDES Coverage Under General Permit 2 to the Iowa Department of Natural Resources in conjunction with F.Y. 2012 Byrnes Park Drainage Improvements - Phases I & II, Contract No. 822; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-826. 141675 - Getty/Cole that "Resolution approving Notice of Discontinuation from NPDES Coverage Under General Permit 2 to the Iowa Department of Natural Resources in conjunction with F.Y. 2013 Blowers Creek Cunette Repairs, Contract No. 845; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-827. 141676 - Schmitt/Welper that "Resolution approving Housing Enterprise Zone Agreement #14-HEZ-015 for GMJ2 Industries, LLC of Waterloo, Iowa for the construction of five (5) homes located at the former Williston Field within the Enterprise Zone; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-828. October 14, 2013 Page 6 141677 - Schmitt/Welper that "Resolution approving the FY 2014 and FY 2015 Economic Development Contract Services to Greater Cedar Valley Alliance for work towards economic development, in the amount of $28,500.00 base amount with $56,500.00 in potential incentive funds; and authorize Mayor and City Clerk to execute any necessary documents", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-829. 141678 - Schmitt/Welper that "Resolution approving Amended and Restated Development Agreement with Cedar Valley TechWorks, Inc. and FDP WTC, LLC by breaking the improvements and the City's bond issuance commitments into two pieces so the west campus site improvements can proceed; and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-830. 141679 - Cole/Getty that "Resolution approving Joint Representation Agreement with Hall & Associates of Washington, D.C. in an amount not to exceed $2,000.00 to address the State of Iowa Nutrient Reduction Strategy; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-831. 141680 - Cole/Getty that "Resolution setting date of hearing as October 28, 2013 to approve request of Bosnian Islamic Association of Waterloo, Iowa for a site plan amendment to the "R -4,R -P" Planned Multiple Family Residence District, to allow for the development of a new mosque, cemetery, and sports and recreational complex, generally located on 15.26 acres south of Marigold Drive and north of Memory Lane; and instruct City Clerk to publish notice", be adopted. Roll call vote - Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-832. 141681 - Welper/Schmitt that "Resolution setting date of hearing as October 28, 2013 to approve request of Kess & Associates on behalf of Black Hawk Contracting and Development of Waterloo, Iowa for a site plan amendment to the "R -1,R -P" Planned One and Two Family Residence District, to allow for the construction of 14 new single-family homes located at the former Lafayette School site; and instruct City Clerk to publish notice", be adopted. Mr. Welper noted that he has worked with Noel Anderson, Community Planning & Zoning Director, and John Rooff to look at the possibility of commercial zoning. Mr. Rooff noted that he will hold off but he does own the property and has two buyers. He stated that the engineering has been done and wants Council to consider what's next. Mr. Walsh said it would be very difficult to change and would have to be consensual. Mr. Anderson stated that we will look to see what interest there is and then will work with Mr. Rooff. 141682 - Welper/Schmitt motion to table the item for 60 days. Roll call vote -Ayes: Five. Motion carried. 141683 - Cole/Getty that "Resolution approving an Agreement with Ament, Inc. of Cedar Rapids, Iowa for additional design services for the F.Y. 2014 2672 and 2736 Logan Avenue Sanitary Services, Contract No. 861 in the amount of $5,000.00; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-833. October 14, 2013 OTHER COUNCIL BUSINESS 141684 - Welper/Schmitt Page 7 to instruct Leisure Services Director to prepare specifications, bid document, etc. in conjunction with FY2014 Danes Complex Lighting Project, be approved. Voice vote -Ayes: Five. Motion carried. 141685 - Welper/Schmitt to receive and file specifications, bid document, etc. in conjunction with FY2014 Danes Complex Lighting Project, be received and placed on file. Voice vote -Ayes: Five. Motion carried. 141686 - Welper/Schmitt that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with FY2014 Danes Complex Lighting Project", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-834. 141687 - Welper/Schmitt that "Resolution setting date of hearing and bid opening as November 4, 2013; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-835. 141688 - Welper/Schmitt to instruct Public Works Director to prepare specifications, bid document, etc. in conjunction with the Purchase of One (1) 2014 Parks Truck with Chip Box, be approved. Voice vote -Ayes: Five. Motion carried. 141689 - Welper/Schmitt to receive and file specifications, bid document, etc. in conjunction with the Purchase of One (1) 2014 Parks Truck with Chip Box, be received and placed on file. Voice vote -Ayes: Five. Motion carried. 141690 - Welper/Schmitt that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with the Purchase of One (1) 2014 Parks Truck with Chip Box", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-836. 141691 - Welper/Schmitt that "Resolution setting date of hearing and bid opening in conjunction with the Purchase of One (1) 2014 Parks Truck with Chip Box as November 18, 2013; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-837. 141692 - Welper/Schmitt to instruct Waste Management Services Superintendent to prepare plans, specifications, form of contract, etc. in conjunction with the No Name Creek Interceptor Sewer, Contract No. 849, be approved. Voice vote -Ayes: Five. Motion carried. 141693 - Welper/Schmitt to receive and file specifications, bid document, etc. in conjunction with the No Name Creek Interceptor Sewer, Contract No. 849, be received and placed on file. Voice vote -Ayes: Five. Motion carried. 141694 - Welper/Schmitt that "Resolution preliminarily approving specifications, bid document, etc. in conjunction with the No Name Creek Interceptor Sewer, Contract No. 849", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-838. October 14, 2013 Page 8 141695 - Welper/Schmitt that "Resolution setting date of hearing and bid opening in conjunction with the No Name Creek Interceptor Sewer, Contract No. 849 as November 12, 2013; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2013-839. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, expressed concern about the money being spent on the SportsPlex. Bill Kameyer, 526 Home Park Blvd., who is a pit -bull owner, gave statistics on dog bites. Randy Herod, 111 Highland Blvd., expressed concern with the length of time to pass legislation. He questioned the proposed legislation previously submitted by Animal Control. Don Page, 3316 Parkridge Rd., congratulated Mayor Clark for being appointed to the Iowa League of Mayors, for his attention to taxes and his proactive leadership. He stated that the Mayor is doing a tremendous job. Jerry Boyd, 1203 Independence Ave., expressed concern with cement and semi traffic on Independence Avenue. 141696 - Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Five. Motion carried. ADJOURNMENT 141697 - Welper/Schmitt that the Council adjourn at 6:25 p.m. Voice vote -Ayes: Five. Motion carried. Suzy Schares City Clerk CITY OF WATERLOO Council Communication City Council Meeting: October 21, 2013 Prepared: August 30, 2013 Dept. Head Signature: Daniel J. Trelka # of Attachments: SUBJECT: Swearing in of three newly hired Waterloo Police Officers by Mayor Clark. Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Summary Statement: William Herkelman, Nicholas Weber, and Caleb Christiansen are the officers to be sworn in. Expenditure Required: Source of Funds Policy Issue Alternative Background Information: CITY OF WATERLOO Council Communication City Council Meeting: 10/21/13 Prepared: 10/14/2013 Dept. Head Signature: Dan Trelka, Director of Safety Services # of Attachments: 0 SUBJECT: Swearing in of three new Police Officers. Submitted by: Dan Trelka, Chief of Police Recommended City Council Action: Appointment and swearing in of three new Police Officers, Caleb Christiansen, William Herkelman, and Nick Weber, Summary Statement: The police department has three police officer positions open due to a recent retirements/resignation. These three applicants have successfully completed and passed the requirements for the position of police officer and are on the certified civil service list. Expenditure Required: Yes, Funds allocated during FYE14 budget process Source of Funds: General fund Policy Issue: None Alternative: None Background Information: We have three vacancies due to the retirement/resignations of Officer Cory Allspach on January 29`x', 2013, Monica Blakeman on February 8th, 2013, and James Noss on July 9``' 2013. Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD Al -Large STEVE SCHMITT Al -Large CITY OF WATERLOO, IOWA CITY HALL • 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4301 Fax (319) 291-4286 STATE OF IOWA ) SS BLACK HAWK COUNTY OATH OF OFFICE I, William Herkelman, do solemnly swear I will support the Constitution of the United States and the Constitution of the State of Iowa, and I will faithfully and impartially, to the best of my ability, discharge all the duties of the position of Police Officer in the City of Waterloo, Black Hawk County, Iowa, as now or hereafter required by law. William Herkelman Subscribed and sworn to me this 21st day of October, 2013. rnest G. Clark, Mayor WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 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 O 715 Mulberry Street P Waterloo, IA 50703 0 (319) 291-4301 Fax (319) 291-4286 STATE OF IOWA ) SS BLACK HAWK COUNTY OATH OF OFFICE I, Nicholas Weber, do solemnly swear I will support the Constitution of the United States and the Constitution of the State of Iowa, and I will faithfully and impartially, to the best of my ability, discharge all the duties of the position of Police Officer in the City of Waterloo, Black Hawk County, Iowa, as now or hereafter required by law. Nicho : s Weber Subscribed and sworn to me this 21st day of October, 2013. Ernest G. Clark, Mayor 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 GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT Al -Large CITY OF WATERLOO, IOWA CITY HALL • 715 Mulberry Street ® Waterloo, IA 50703 • (319) 291-4301 Fax (319) 291-4286 STATE OF IOWA ) SS BLACK HAWK COUNTY OATH OF OFFICE I, Caleb Christiansen, do solemnly swear I will support the Constitution of the United States and the Constitution of the State of Iowa, and I will faithfully and impartially, to the best of my ability, discharge all the duties of the position of Police Officer in the City of Waterloo, Black Hawk County, Iowa, as now or hereafter required by law. Caleb Christiansen Subscribed and sworn to me this 21st day of October, 2013. Ernest G. Clark, Mayor WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: October 21, 2013 Prepared: October 16, 2013 Dept. Head Signature: kT6 # of Attachments: 1 SUBJECT: Read Proclamation: Character Counts Week October 20 - 26, 2013. Submitted by: Mayor Clark Recommended City Council Action: Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: WHEREAS, CITY OF WATERLOO, IOWA PROCLAMATION citizens of good character are a most valuable asset to our community, providing a safe and caring environment where all citizens value and model the principle that CHARACTER COUNTS; and WHEREAS, the six Pillars of Character include Trustworthiness, Respect, Responsibility, Fairness, Caring and Citizenship; and WHEREAS, the City of Waterloo supports the Cedar Valley Character Counts Committee in its efforts to provide leadership and coordination for the promotion and encouragement of a community -wide character education program for our youth; and WHEREAS, with their guidance, we will teach, enforce, advocate and model the six essential pillars of character to our young citizens; and WHEREAS, this work will foster greater understanding and cooperation among individuals and organizations of our community to set good examples and address the positive issues that will shape our community's future. NOW, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of October 20-26, 2013, as CHARACTER COUNTS WEEK and urge the citizens of Waterloo to become aware of the importance of community -wide character education and show support for the positive character development of the youth in our community and for further information visit: www.charactercountsiniowa.org. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 21St day of October 2013. ATTEST: Suzy Schares City Clerk lir,/ r•• uck Clark Mayor 2,506,044.87 Corr to refund pv: RM Construction EFT Transactions: I` N NN O M C'7 N N C7 1 d' CO N Cr; CO d' m 0 co CC CO CO O _. CO 10 O <0 0 0 0 0 a N O N O N V N O 0 N t- CO t7 t0 CO N CO n C0 O N r O) N h CO O m r N LO IO 0 0 CJ O^ O 0) O 0 h N N 10 CO a a a a N a M a V 0 0 O oCo N N0 OONtoo CoN VQONNNNNNC in to to c a LL I ❑ ❑ OCO LI- NO CO V N O 0/ LO OO CO Ci 0p 0 N O N O) N N V) N H CO O 1 N N t00 0 0 0) 0)) N a 0 0 a .- n a 0 O N CO CO 00) CO N N N $ O N N N N N N V 0 N U) 0 �a 21- 0- LL ❑ 0 N O r Net Payroll Total 0 5 Du0 a Z 0 Q a N 0 Net Payroll checks only C) O N N N 0 H Net Payroll Total a N a' N N IO CO c6 c6 N O O r N CQ N CO N 0 U Q c CO Net Payroll checks only 0) 0 0 N 0 O 0) to $ 0 Q 702,575.03 rn 10/17/2013 forms payroll banking net.xlsx 101813 GRAND TOTALS C N E m F a Na O CI N M i 0 "Co r w C p W OO T • a 0 y o n a ▪ CO w an d o a0 -;0a V C LL O ib -N0) o m m b m m 0 N b 0 N N 0 0 0 0 0 r a• v 0 CO m N V N N N 0 O 0( NN- CO 0 N- 0` d- N N 1- CO CO (0 0 0 N- CO 0 N O N m h V d- WC r m 0 71t) M r 1` v r cc �- N �- M '- V V- Q 0 OV N O O l0 M 0 0 0 0 0 000 N 00 ONNN O - ONNNN N N NN m m 10 M O c0 : CO m N N- N d' m 0 CO o tCD . h N CO N- (n O 6 cc N ::S,'u1 N M (O (O 6 Cl 1� 0 M.' 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M M M r r U) N r M OI N N C r Q N O) r O^) N r N O V of N K N N N V M W N N N V r m N N m V 0 N MM N r M r r V V V V.1r N N r C O O O r N a} N M O r N O r N M N O N D O O r r N N N N N N V V V V V K N O N O E Q 00 N O N M (0 M 0) V V o m N N O O M W N N F N O O) N O) N N N M M M N V' Q M1A N M V N N N O r p N M W M• N N O N O N N 0) N N N N O O r M et CO " CO CO CO r rf0 Mr M O) M N V rV O) O) N N O V M Vf V N N N V M (O N O N V r CO 0) N CO V 0 N N MN M N N 000 O M V M M O N O r N M N O N W O O r r N N N N N N M V V V' `a a N N N y LL N W_ N h 0) K C ml o Col CO ofODOO 17C flOcC N Z506,04187 Mw M N co N N N M V N (0 co N to N M 0 O N Approved check total To: (RB) ACCTS PYBL w/d amount 2,347,810.68 M r r 00 a) OD fD M M N r N N N M (O LO v m a 0 O C9 0 W N 0 N to tV 10/22/2013 forms bill banking n Mayor BUCK CLARK COUNCIL MEMBERS 0000004000000000000 DAVID JONES Ward l CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: October 21. 2013 Prepared: October 16, 2013 Dept. Head Signature: # of Attachments: SUBJECT: CLURA application submitted by Mark and Martha Clark for tax exemptions for new duplex construction located at 3836 Trent Lane, Waterloo, Iowa 50701. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Mark and Martha Clark for tax exemptions for new duplex construction located at 3836 Trent Lane, Waterloo, Iowa 50701, valued at $350,000, and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that these improvements qualify for exemptions from taxes on the actual value added to Residential property under the City Limits Urban Revitalization Area Plan. ADDRESS 3836 Trent Lane, Waterloo, Iowa 50701 LEGAL DESCRIPTION See attached Expenditure Required: N/A Source of Funds: N/A Policy Issue: CLURA Alternative: N/A 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 CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family dwellings (single family homes or duplexftwin homes) that meet the following criteria: I . Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 2. This application must be filed with City prior to the h' working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. 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 been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: Al Of k -- Atari -6. CJ4YPIGNATURE: /1'u ti �.t A��_ rum u'�✓' ADDRESS: 32 3 l9 ) Yen t ke-tA:✓ TELEPHONE: 3 1 - A 35 -- '7 DATE: A. What is the Address of the property being improved? F'3 f 64'1L iO N ING e What is the Legal Description of the property? (May be available at County Recorder's Office on rd htt 'eft aSEF O8 �p13 B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) N�� C.1 fa r ` 11ERLOO' C. City of Waterloo Building and Inspections Department Information: Permit Number: 3D 96114-.ctDate permit was issued: —%5 —kr1 Total permit(s) valuation: 1j53, D. What was the cost of the new construction? E. Estimated or actual date of completion of this new construction? ZJ vv-.. ? ua 'Tim in ITY OF WATERLOO APPROVED DATED:, DENIED RESOLUTION NO: BLACK HAWK COUNTYASSESSOR APPROVED DATED: Tami McFarland DENIED Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-840 RESOLUTION APPROVING APPLICATION WITH MARK AND MARTHA CLARK FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW DUPLEX VALUED AT $350,000.00 FOR PROPERTY LOCATED AT 3836 TRENT LANE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Mark and Martha Clark have submitted an application dated September 9, 2013 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on the construction of a new duplex valued at $350,000.00 for property located at 3836 Trent Lane, more fully described on the attached legal description, and, WHEREAS, said property is located within the designated City Limits Urban Revitalization Area (CLURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and, WHEREAS, the new construction project respecting said property is in conformance with the City Limits Urban Revitalization Area (CLURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such construction is eligible for the tax exemption as set forth in the City Limits Urban Revitalization Area (CLURA) 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. PASSED AND ADOPTED this 21st day of October, 2013. ;;A/A4' nest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cl rk (Page 6 of 7) C WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 TRENT HILL CONDOMINIUM NO. 1 AS AMENDED * CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA May 2013 SURVEY FOR YOUNG DEVELOPMENT PROPRIETOR: YWNO DEVEIaFMENT Legal Description AMMENOED LEGAL DESCRIPTION TRENT HILL CONDOMINIUM NO. I 'TRENT HILL CONDOMINIUM No. 1, WAS PLED 08-13-2003 IN DOCUMENT NO. 2004-05108, PAGES 40 AND 41, AND CONSISTED OF 3833, 3835, 3847. 3849, 3863, 3865, 3855 AND 3857 TRENT LANE ONLY. TRENT HILL CONDOMINIUM AS AMENDED WAS FILED 10-12-2006 IN DOCUMENT No. 2007-08559 AND CONSIST OF 3844 AND 3846 AND ADDS PARCEL "0" TO TRENT HILL CONDOMINIUM. THIS AMENDED PLAT ADDS 3834. 3836, TRENT LANE TO WEST FOURTH STREET, AND PARCEL "5" TO TRENT HILL CONDOMINIUM No. 1. SEE SHEET 4 OF 5 FOR FULL LEGAL DESCRIPTION. Parcel 'P' of the Sw 1/4 of Section Five (5), Township Eighty-eight North (T88N), Range Thirteen Wes( (R13W). That part of Parcel "M" of the Southwest Quarter (SWI/4) of Section Five (5), Township Eighty-eight North (ISBN). Range Thirteen West (RI3W) of the Fifth Principal Meridian, City of Waterloo. Block Howk County, lowo, (Misc. 343-864) Beginning ot a Southeast corner of said Parcel 'M', said point also lying on the North line of Westchester Rood; thence NO0'53'38'E Three Hundred Eighty-one (381.00) feet along the East line of said Parcel 'M"; thence N72'57'00'W One Hundred Seventy-four and Ninety-two Hundredths (174.92) feet; thence 505'5724"E Fifty-five (55.00) feet; thence SO4'56'57'W Eighty (80.00) feet: thence S11'56'24"W One Hundred (100.00) feet; thence SOD'00'00"E Two Hundred (200.00) feel to a point an said North line of Westchester Road: thence 390'00'00"E One Hundred Eighty-three end Seventeen Hundredths (183,17) feet along said North line to the point of beginning. This parcel contoine 1.65 acres. AND Parcel '0" of the Sw 1/4 of Section Five (5), Township Eighty-eight North (T88N), Range Thirteen West (R13W). That port of Parcel 'M' of the Southwest Quarter (SW 1/4) of Section Five (5). Township Eighty-eight North (T88N), Range Thirteen West (R13W) of the Fifth Principal Meridian, City of Waterloo, Block Hawk County, Iowa, (Misc. 343-864) -described as follows: Beginning of the most Westerly corner of aforesaid Parcel "M' which is oleo a point on the Northeasterly line of parcel deeded to the Stole of Iowa as recorded in Land Deed 123 ot Page 163 In the Block Hawk County Recorder's Office; thence N88'50'33"E Twa Hundred Thirty and Six Hundredths (230.06) feet to a point on the West line of Access Easement serving Trent Hill Condominium No, 1 as recorded in Document No. 2004-05109, aforesaid Recorder's Office; thence SI 1'55'24'\'/ One Hundred One and Seventeen Hundredths (101.17) feet along said West line: thence S00'00'00'E Twenty-two and Eighty-two Hundredths (22.82) feet still along said West line to a point One Hundred Eighty (160.00) feet North of the North line of Westchester Road: thence 589'59'53'W One Hundred Seventy-eight and Fifty-three Hundredths (178.53) feet parallel with said North line to a point Seventy-four and Four Tenths (74.4) East of the West line of aforesaid Southwest Quarter (SW 1/4); thence NOO'28'04'E Forty and Ninety-one Hundredths (40.91) feet parallel with said West line to a point being at Station 255+00, Seventy -live (75.0) feet East of the centerline I.D.O.T. Project No. FN -202: thence N22'03'09'W Eighty-two and Twenty -Seven Hundredths (62.27) to the paint of beginning containing 23,534 Square Feel. AND Parcel 'S" of that port of Parcel "M" of the Southwest Quarter (SW)4) of Section Five (5), Township Eighty-eight North (T88N), Range Thirteen West (R13W) of the Fifth Principal Meridian, City of Waterloo, Block Howk County. Iowa, described as follows: Beginning at the Northwest corner of Parcel "0", Document No. 2007-08559 in the Black Hawk County Recorder s Office; thence Northerly One Hundred Twenty-seven and Sixty-eighth Hundredths (127.68) feet along the East Right -of -Way line of West Fourth Street and along the arc of a non -tangent concave Easterly and having o radius of One Thousand One Hundred Thirteen and Eighty-six Hundredths (1113.86) feet and a long chord of One hundred Twenty-seven and Sixty-one Hundredths (127,61) feet which bears NIl'29'55"E; thence 568'14'23"E Two Hundred Seven and Thirty-five Hundredths (207.35) feet to the West Easement line of Trent Lone; thence 505.57'24"E Thirty-eight and Eighty-four Hundredths (38.84) feet along sold West Easement line; thence 504'59'36'W Seventy-five and Seventy-seven Hundredths (75.77) feet still along said West Easement line to the Northeast corner of aforesaid Parcel "0": thence S88'S1'43"W Two Hundred Thirty and Seventeen Hundredths (230.17) feet along the North line of said Parcel "0" to the point of beginning containing 26,599 square feet. EXHIBIT "A" SHEET 4OF5 FIELD BOOK 695-40 ON 3114 S30 e. G File Number: 2014-00001467 Seq: 6 Mayor BUCK CLARK COUNCIL MEMBERS 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 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 I City Council Meeting: October, 2013 Prepared: October 2. 2013 Dept. Head Signature: # of Attachments: SUBJECT: CURA application submitted by Sherman Wise for tax exemptions for new single- family home construction located at 919 W. Parker Street. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CURA application from Sherman Wise for the construction of a new single family home located at 919 W. Parker at $133,000, and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that these improvements qualify for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area Plan. ADDRESS 919 W. Parker Street, Waterloo, Iowa 50703 LEGAL DESCRIPTION See attached Expenditure Required: N/A Source of Funds: N/A Policy Issue: CURA-Infill Development Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CONSOLIDATED URBAN REVITALIZATION APPLICATION 4 FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA Kitt) 7 ii ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. (ii,U% The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to p4perty 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 valu',L 0 0 Q' conunercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption., 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) 3. This application must be filed with City prior to the 1st working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. 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. Please fill out the following information for your application to be submitted to the City Council. NAME: Sh ermaX1 Wts2 ADDRESS: 1 (�I VV. Pw-jCeit-_ TELEPHONE: (3 -1O(09 DATE: SIGNATURE: 2taki o_._ LA (i(0/2o13 A. What is the Address of the property being improved? at I Cl 1,1/4/ . Pot r 1/ c (— What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)? N one sAtr5 ,Three. bt.dront,. Ha4se. w/ur mtsl,¢,d lostumexcl- B. Indicate dysired exemption schedule: (1 or 2) 1. i/ One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% d. Fourth Year 50% g. Seventh Year 30% b. Second Year 70% e. Fifth Year 40% h. Eighth Year -------.-30% c. Third Year 60% f. Sixth Year 40% i. Ninth Year 20% j. Tenth Year 20% C. What was the nature of the improvement(s)? N &w Esvat D. City of Waterloo Building and Inspections Department Information: Permit Number: ill 1 I I 6 — I Date permit was issued: 1 1 - 18- ` PCS l/Total permit(s) valuation: E. What was the cost of the improvement? F. Estimated or actual date of completion of these improvements? 5/ I /12 G. If this is not a singe -family dwell unit, which you own and reside in, will these improvements create a displacement of your tenants? Yes No CITY OF WATERLOO / \ APPROVED DENIED DATED: 11)--a--• (3 RESOLUTION NO: 2013' % BLACK HAWK COUNTYASSESSOR APPROVED • DENIED DATED: Tami McFarland Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. (Page 1 of 1) #pdun 11119111101111111111111111 Doo Kind: DWARRANTY DEED: 004776000001 Type: DEN Recorded: 05/01/2012 at 04:24:20 PM Fee Amt: $224.00 Page I of I Revenue Tex: $212.00 Black Hawk County Iona JUDITH A MCCARTHY RECORDER r11e2012-00020103 Prepared By: Kirsten N. Arnold, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 After Recording Return To: Kirsten N. Arnold, P.O. Box 178, Waterloo, IA 50704-0178 Address Tax Statement to: Sherman Wise, 919 W. Parker Street, Waterloo, IA 50703 WARRANTY DEED — CORPORATE GRANTOR For the consideration of One ($1.00) Dollar(s) and other valuable consideration, Black Hawk Contracting & Development, lnc, a corporation organized and existing under the laws of Iowa does hereby convey to Sherman Wise, the following described real estate in Black Hawk County, Iowa: Tract 7 of Plat of Survey Doc. #2012-05790 being a part of Lots 7 and 8, Block 14, Second Addition to Grand View Place, Waterloo, Iowa. O Subject to covenants, restrictions, ordinances, easements, and limited access provisions of c't record. The Corporation hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and dear of' all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated: ' r-)5 1 I e2..— State of Iowa County o: Black Hawk )ss BLACK HAWK CONTRACTING & DEVELOPMENT, Inc. f-' By: Jr, Rooff, Ill Its: resident 1 This instrument was acknowledged before me on this 51bday of J by John R. Rooff, III, as President of Black Hawk Contracting & Development, Inc. A JESSICA L. 111".. -V0.1 IA: �� COMMISSION NC. 7851:.; /JBO. MVCOMMISSION explati •. oclober15.2o3 , 2012, , Notary Public File Number: 2012-00020103 Seq: 1 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-841 RESOLUTION APPROVING APPLICATION WITH SHERMAN WISE FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $133,000.00 FOR PROPERTY LOCATED AT 919 WEST PARKER STREET IN THE CONSOLIDATED URBAN REVITALIZATION AREA (CURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Sherman Wise has submitted an application dated September 16, 2013 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on the construction of a new single family home valued at $133,000.00 for property located at 919 West Parker Street, more fully described as follows: Tract 7 of Plat of Survey Doc. #2012-05790 being a part of Lots 7 and 8, Block 14, Second Addition to Grand View Place, Waterloo, Iowa. Subject to covenants, restrictions, ordinances, easements, and limited access provisions of record; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area (CURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and WHEREAS, the new construction project respecting said property is in conformance with the Consolidated Urban Revitalization Area (CURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Area (CURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following 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. Resolution No. 2013-841 Page 2 PASSED AND ADOPTED this 21st ATTEST: of October, 2013. (g) Ernest uzy Sch res, CMC City Cle3k G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: October 21, 2013 Prepared: October 16, 2013 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: 1 SUBJECT: REQUEST BY BRENT WILLIAMS FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 1521 & 1523 BLACK HAWK ROAD Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Summary Statement Attached is a request from BRENT WILLIAMS for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, to be located at 1521 & 1523 BLACK HAWK ROAD. Expenditure Required None Source of Funds None Policy Issue N/A Alternative None Background Information: This is a waiver of the City's Standard Specifications for Driveway Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Legal Description: HUNTINGTON PARK LOT 10 EXC BEG AT THE NW COR OF SAID LOT 10 TH ELY ALONG THE N LINE OF SAID LOT 10 TO THE NELY COR OF SAID LOT 10 TH SWLY ALONG THE ELY LINE OF SAID LOT 10 TO THE SE COR OF SAID LOT 10 TH NWLY TO PT OF BEG AND THAT PART OF LOT 11 IN HUNTINGTON PARK DESC AS FOL BEG AT THE NW COR OF SAID LOT 11 TH N 90 DEG E 249.17 FT COINCIDENT WITH THE N LINE OF SAID LOT 11 TO THE NE COR OF SAID LOT 11TH S 35 DEG 11 MIN 11 SEC W 52.80 FT COINCIDENT WITH THE ELY LINE OC SAID LOT 11 TI I S 80 DEG 38 MIN 11 SEC W 285.13 FT TO PT ON WLY LINE OF SAID LOT 11 TFI N 34 DEG 57 MIN 1 SEC E 109.25 FT COINCIDENT WITH TIIE WLY OF SAID LOT 11 TO THE PT OF BEG WAIVER Date: Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at (concror asphalt) ectic lia 1 ' t / ( h).--r(loo (Address) This waiver is needed because of: special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. asphalt driveway with the elimination of the sidewalk section. placing a driveway or sidewalk on City right of way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, / �j �',�y.1/1-5 Printed Name of Property Owner Signature of Property Owner Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-842 RESOLUTION GRANTING PERMISSION TO BRENT WILLIAMS FOR A WAIVER FOR A CONCRETE DRIVEWAY TO BE LOCATED AT 1521 AND 1523 BLACK HAWK ROAD, AND AUTHORIZING CONSTRUCTION OF A CONCRETE DRIVEWAY WITH ELIMINATION OF THE SIDEWALK SECTION DUE TO THE INABILITY TO MEET REQUIREMENTS OF THE DRIVEWAY AND SIDEWALK POLICY, PARAGRAPH 1. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: WHEREAS, the City Engineer has made written application to the City Council asking that Brent Williams be authorized and permitted to construct a concrete driveway with elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, to be located at 1521 and 1523 Black Hawk Road, and legally described as follows: Huntington Park Lot 10 except beginning at the Northwest corner of said Lot 10; thence Easterly along the North line of said Lot 10 to the Northeasterly corner of said Lot 10; thence Southwesterly along the Easterly line of said Lot 10 to the Southeast corner of said Lot 10; thence Northwesterly to point of beginning and that part of Lot 11 in Huntington Park described as follows: Beginning at the Northwest corner of said Lot 11; thence North 90 Degrees East 249.17 feet coincident with the North line of said Lot 11 to the Northeast corner of said Lot 11; thence South 35 Degrees 11 Minutes 11 Seconds West 52.80 feet coincident with the Easterly line of of said Lot 11; thence South 80 Degrees 38 Minutes 11 Seconds West 285.13 feet to point on Westerly line of said Lot 11; thence North 34 Degrees 57 Minutes 1 Second East 109.25 feet coincident with the Westerly of said Lot 11 to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa; and WHEREAS, it is the sense of the Council of the City of Waterloo, Iowa, that said request should be granted. NOW, THEREFORE, BE IT FURTHER RESOLVED that permission is hereby granted to Brent Williams to construct a concrete driveway with elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, to be located at 1521 and 1523 Black Hawk Road, subject to the following conditions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. Resolution No. 2013-842 Page 2 BE IT FURTHER RESOLVED that the City Clerk is authorized and directed to forward a certified copy of this resolution to the Black Hawk County Recorder for recording and the Black Hawk County Auditor for filing in order that this said action may become a matter of official County Record. PASSED AND ADOPTED this 21St day of October, 2013. ATTEST: Suzy Sch City Cle res, CMC k t G. Clark, ayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Resolution No. 2013-842, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 21St day of October, 2013. Witness my hand and seal of office this 21St day of October, 2013. SEAL Suzy Sches, CMC City Cler TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY (2/-64 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 5/110 6'-f(; //, OW. c:3-' r2.:3 // /V(.) r ��-- cS 7?.?w, (/ -,2a/3 Cop - De . artment NAME(S) AND POSITION(S): Dan Youngblood, Chief Combination Inspector DATE: 10/7/13 NAME OF CLASS / MEETING: 2013 IAEI Iowa Chapter Fall Educational & Business Meeting DESTINATION DEPARTURE POINT IF NOT WATERLOO: Altoona, Iowa DEPARTURE DATE: 10/17/13 RETURN DATE: 10/18/13 ]DATE(S) OF MEETING: 10/17/13 & 10/18/13 PURPOSE OF TRAVEL/TRAINING Continuing Education WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE AIRFARE X PRIVATE VEHICLE DEPARTING FROM: Waterloo, Iowa ESTIMATE OF COST: LODGING MEALS 140.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 140.00 TAXI PARKING AIRFARE MSC/TOLLS I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY,' WA LOO DEPARTMENT HEAD (� —13 BUDGET LINE ITEM: 010-22-5100-1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 140.00 PER PERSON I APPROVE THIS TRAVEL REQUEST 10/7.iAr DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINEITEM USED FY : ,i(1 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original-Clerk/Finance STAFF ONLY f'fU 5100 64/6 (Z ).`y /yo s5, -r9 2,1 ? .-' / . --241/3 'Ca' - De•artment NAME(S) AND POSITION(S): Dan Youngblood, Chief Combination Inspector DATE: 10/7/13 NAME OF CLASS / MEETING: 2013 IAEI Iowa Chapter Fall Educational & Business Meeting DESTINATION DEPARTURE POINT IF NOT WATERLOO: Altoona, Iowa DEPARTURE DATE: 10/17/13 RETURN DATE: 10/18/13 DATE(S) OF MEETING: 10/17/13 & 10/18/13 PURPOSE OF TRAVEL/TRAINING Continuing Education WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE AIRFARE X PRIVATE VEHICLE DEPARTING FROM: Waterloo, Iowa ESTIMATE OF COST: LODGING 140.00 MEALS REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 140.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010-22-5100-1346 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ 140.00 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY 7 W/ A RLOO DEPARTMENT HEAD (a) DATE / K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST MAYOR DATE CITY OF WATERLOO Council/Committee Communication Committee Meeting: October 21, 2013 Prepared: October 15, 2013 Dept. Head Signature: # of Attachments: 0 SUBJECT: Re -appoint Sue Schauls and Bernard (Bernie) Stroh to International Property Maintenance Code Board of Appeals. Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Having served their first full terms, Ms. Schaul and Mr. Stroh's second, three-year terms will expire 10/31/2016. 07/03/2013 17:06 3192336516 FORESTDILAVOU PAGE 01 dr3�__. C NISae Schauls 2214 Regal Ave Vice Chairman Waterloo, IA 50702 Vre ice CStroh 311 Rath St (Bernie) Waterloo, IA 50703 1.4176raelllr—eo L'tt ale:.::`.'`._'g _444o -war Whorl. _ /iin 1A 50,/ 01 d1 aid_ptd /4/// 319-290-7843 October 31, 2013 Email: schauls3@mchsi.com 319-4642553 E'unail; bjstrob@aol,cotn `x _n c,/ ��.�. 1'1✓" Lt-- �� d d V -Le C A d i6 October 31,20I3 Qc1cJ4.4 3-1.2014,- ( '2 _0_111J' �;i CITY OF WATERLOO Council/Committee Communication Committee Meeting: October 21, 2013 Prepared: October 15, 2013 Dept. Head Signature: # of Attachments: 1 SUBJECT: Appointment of Rudy Jones to Metropolitan Transit Authority Board Submitted by: Mayor Buck Clark Recommended City Council Action: Approval Summary Statement Expenditure Required Source of Funds Policy Issue Alternative Background Information: Mr. Jones fulfills the vacated term of Sharon Droste. Term expires 6/30/15 after which he would be eligible to serve his first full term. CITY OF WATERLOO, IOWA RECEIVED OCT 1 6 2013 BOARDS & COMMISSIONS APPLICATION Date: 10-16-13 I, Rudy D. Jones (Name) 1. MET Transit Board , request to be appointed to (state preference): Home Phone: 234-0293 Cell Phone: 269-1187 Work Phone: 291-4429 Home Address 1208 Fulton St., Waterloo, IA Zip code 50707 Employer City of Waterloo —Community Development Title_ Director_ Employer Address_ 620 Mulberry St., Waterloo, IA Zipcode_50703 How long have you resided in Waterloo? _30_ years List current membership in organizations and offices held: Community Foundation, Waterloo Housing Trust, INRCOG Housing Council, From the Heart Group Workcamp I am available for meetings: 0 A.M. 0 P.M. X Noon 0 Evenings I am available to serve on a Board/Commission the entire year: X Yes below) 0 No (check 0 Spring 0 Summer 0 Fall 0 Winter x All Seasons Briefly explain your qualifications for appointment to a designated Board/Commission: I have 27 years of experience in public service and have served on numerous other boards and believe my experience would be beneficial in the betterment of the community as a whole while serving in a specific role as a board member of said board. Additional information and comments that may not be evident from information already on this form: I consider volunteerism and service both a privilege and responsibility of those of us who have received the same over the course of our own lives. This is another opportunity to give back. References (include phone numbers):Linda Morgan 235-9946 Henry Bevel 234 4631 I understand this application does not bind me to accept an appointment should it be offered, nor does it guarantee an appointment to a Board/Commission. If selected, I will be available to attend appropriate training sessions. This application will remain valid and on file for one_5alendar year from date above. 08/03/2010 -mac 1 . A-4 Signature RETURN TO MAYOR'S OFFICE, 715 MULBERRY ST., WATERLOO, IA 50703 FAX 291-4286; PHONE 291-4301. BONDS FOR COUNCIL APPROVAL October 21, 2013 RIGHT OF WAY CONSTRUCTION BOND (EXPIRES 4/30/14) AMOUNT: $5,000.00 IA 598959 EGGLESTON CONCRETE CONTRACTORS INC. CEDAR RAPIDS, IOWA Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -urge STEVE SCHMITT At -Large MT' DIP WATERLOO, NOW: COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street a Waterloo, Iowa 50703-5783 0 (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: October 7, 2013 Prepared: October 2, 2013 Dept. Head Signature: # of Attachments: SUBJECT: Request to set the date of public hearing as October 21, 2013 to approve a request by BCS. Properties, LLC to vacate approximately 10.33'x 176' (1,818 SF) of City owned right-of-way.located west of 1850 West Ridgeway Avenue. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval. Summary Statement: Transmitted herewith is a request by BCS Properties, LLC to vacate approximately 10.33'x 176' (1,818 SF) of City owned right-of-way located west of 1850 West Ridgeway Avenue. The proposed vacate area consists of a 10.33'x176' area (1,818 SF), located along the north side of West Ridgeway Avenue, adjacent to the property located at 1850 W Ridgeway Avenue. Currently the property is used for a 9 -hole golf course and driving range. The applicant is proposing to construct a new multi -use commercial building on the property, and will also keep the golf course and driving range on the property; As part of that development, a new parking lot will be constructed along the south side of the property. The right-of-way makes a jog to the north along the west end of this property, and the applicant is proposing to vacate a portion of this area in order to construct the parking lot and maintain the minimum 5' setback requirement from a parking area to a property line along West Ridgeway Avenue. The original survey submitted did show a sanitary sewer line being extended into a portion of this vacated area, thus requiring an easement. However, the applicant's engineer was able to shift the proposed sewer line further to the south within the Ridgeway Avenue right of way, and thus not requiring the easement any longer. An updated survey not showing the easement will be provided as soon as it is received. At the Planning, Programming and Zoning Commission meeting held on Tuesday, October 1, 2013, this request was unanimously recommended for approval. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Expenditure Required: None Source of Funds: None required Policy Issue: Land Use and Economic Development Alternative: N/A Background Information: The City of Waterloo would not appear to need this area for any present or future right-of-way needs. Legal Description: See attached Exhibit "A". AS:sg Noel Anderson, Community Planning & Development Director. City of Waterloo Planning, Programming and Zoning Commission October 1, 2013 W RIDGEWAY AVE 75 37.5 0 75 Feet West Ridgeway Avenue Right of Way Vacati, n CS Properties, LLC 111, City of Waterloo PIanning & Zoning Depth Intent 715 Mulberry Street, Waterloo, Iowa 50703 (319) 291-4366 U Offer to Vacate and Purchase City Right -of -Way ❑ Request to Vacate Easement, Vacate Sidewalk, or Encroachment Agreement ❑ Sale of City -Owned Property 812 Washington St. Applicant: BCS Properties -,LLC Address: Waterloo, IA 50707 Phone No.: General Description of Property to Vacated (i.e.- alley between A St & B St., South of C St): A portion of existing W Ridgeway Ave. adjoining 1850 W. Ridgeway Avenue Legal deecription of area to be conveyed, vacated, or encroached: See attached Plat of Survey 1. A non-refundable filing fee(s) shall be made as follows (checks payable to City of Waterloo): • Right-of-way vacation — One Hundred Seventy Five Dollar ($175.00) Filing Fee • Easement or sidewalk vacation — Seventy Five Dollar ($75.00) Filing Fee • Encroachment — One Hundred Dollar ($100.00) Filling 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: $1 on 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: See sanitary sewer easement on attached Plat of Survey 5. Other: Please protide a site plan d/or aerial photo of the area to be vacated if the request involves additional cons, uc)ion as thereaason for the request. Appkant ''`Not required f y asement vacates sidewalk vacates or Encroachment Agreements L -a SNanvr . 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): 1a50 E. Ridgeway 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). Signature of adjacent property owner Date 812hWashdngton St. WAtorino, TA 50702 Address 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 Conunittee.] • 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 Portion ofjikk You Intend to Purchase: $1.00 Right—of—Way 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to7 (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) BUS Properties, LLC 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.) Corporate 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 HISTORY: October 1, 2013 Request to vacate approximately 10.33'x176' (1,818 SF) of city owned right-of-way, located to the west of 1850 W Ridgeway Avenue. BCS Properties, LLC, 812 Washington Street, Waterloo, IA 50702 The applicant is requesting to vacate a portion of right-of-way located just to the south and west of 1850 W Ridgeway Avenue in order to construct a new multi -tenant commercial building and parking lot on the property. It would not appear that the vacate would have a negative impact upon the surrounding area or other surrounding properties. Land directly to the east and north of the vacate area is used for the existing clubhouse for the golf range, as well as for the commercial business located at 1844 West Ridgeway Avenue. Vacant land is located to the west, and a medical office park is located to the south. The proposed vacate is located along the north side of West Ridgeway Avenue between Highway 63 and West 4th Street. West Ridgeway Avenue and West 4m Street are classified as Minor Arterials, and Highway 63 is classified as a Principal Arterial. The vacation of 10' of right-of-way along the north side of the road would not appear to have any negative impacts on the existing traffic conditions in this area. The Sergeant Road Recreational Trail is located approximately'% of a mile to the west along the west side of Highway 63. There is also a recreational trail that runs along the south side of West Ridgeway Avenue between Highway 63 and West 4th Street. The area in question is zoned "R -2,C -Z" Conditional Zoning and has been zoned as such since November 8, 1993. The land was rezoned to the Conditional Zoning District to allow for the establishment of a new golf course upon the site, as allowance of the commercial golf course was not permissible in an "A-1" Agricultural District, or an "R" District. Surrounding land uses and their zoning are as follows: North — Existing golf course, zoned "R -2,C -Z" Conditional Zoning District, and one and two family residences along Jane Street, zoned "R-2" One and Two Family Residence District. South — United Medical Park, zoned "R -4,C -Z" Conditional Zoning District. East — Existing commercial development, zoned "C-2" Commercial District. West—Vacant development ground, zoned "A-1" Agricultural District. The surrounding area is mostly comprised of professional office and some commercial development. United Medical Park was developed in the late 1990s until up to today. Waterloo Memorial Park Cemetery is located at the northwest intersection of West W Ridgeway Ave R -O -W Vacate 10/01/13 Page 1 of 3 BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: October 1, 2013 Ridgeway Avenue and West 4t" Street. The area including the golf course and the commercial building next to the golf course was developed in the 1980s and 1990s. No buffering or screening is required as part of the vacate process. Vacating this portion of right-of-way would not appear to have a negative impact upon drainage in the surrounding area. It will be necessary to submit a storm water detention plan when the site is developed for commercial uses. No portion of the vacate area is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0282F, dated July 18, 2011. Katoski Greenbelt is located approximately a Yz mile to the west along Black Hawk Creek. There are no other parks or schools within the nearby area. The applicant is proposing to extend an 8" sanitary sewer line from the west along the north side of West Ridgeway Avenue to the site to accommodate the proposed commercial development. The sanitary sewer would extend into a portion of the proposed vacate area, so a utility easement will be required, which the applicant is already showing on the provided survey. There is 4" drain tiles located within West Ridgeway Avenue, along with a 10" sanitary sewer to the south of the site in question. There are multiple culverts located near the property in question. The Future Land Use Map designates this area as Business Park, Professional Offices, Commercial, and Compatible Light Industrial. This request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. The site is located within the Primary Growth Area. The proposed vacate area consists of a 10.33'x176' area (1,818 SF), located along the north side of West Ridgeway Avenue, adjacent to the property located at 1850 W Ridgeway Avenue. Currently the property is used for a 9 -hole golf course and driving range. The applicant is proposing to construct a new multi -use commercial building on the property, and will also keep the golf course and driving range on the property. As part of that development, a new parking lot will be constructed along the south side of the property. The right-of-way makes a jog to the north along the west end of this property, and the applicant is proposing to vacate a portion of this area in order to construct the parking lot and maintain the minimum 5' setback requirement from a parking area to a property line along West Ridgeway Avenue. W Ridgeway Ave R -O -W Vacate 10/01/13 Page 2 of 3 STAFF ANALYSIS — SUBDIVISION ORDINANCE: There is no platting required as a part of this request. October 1, 2013 STAFF Therefore, staff recommends that the request to vacate a RECOMMENDATION: 10.33'x176' portion of right-of-way along W Ridgeway Avenue be approved for the following reasons: 1. The right-of-way would not appear to be needed for any present or future right-of-way needs and would not have any negative impacts on the traffic conditions in the area. 2. The vacate area is in compliance with the Comprehensive Plan and Future Land Use Map for this area, which designated it as Business Park, Professional Offices, Commercial, and Compatible Light Industrial, and is located within the primary growth area. W Ridgeway Ave R -O -W Vacate 10/01/13 Page 3 of 3 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 ;- ;III PLAT OF SURVEY PARCEL "M" - SW 1 4 OF SE. 33—T89N—R13W / t ! � WATERLOO, BLACK HAWK COUNTY, IOWA SURVEY FOR: BCS PROPERTIES, LLC 60 PROPRIETOR: CITY OF WATERLOO, IOWA 1 INCH = 60 FEET FOUND 5/8" /TREBAR SURVEY LEGEND: SHEET 2 OF 2 ® DENOTES FOUND PIN & YELLOW CAP #8033 (UNLESS NOTED OTHERWISE) O DENOTES 1/2" X 24" S u1 -I REBAR WI RED PLASTIC CAP W/ NO. 16775 SET ® DENOTES SET 'X' CUT IN CONCRETE 000.00 DENOTES RECORD DIMENSION (000.00) DENOTES FIELD DIMENSION Qs DENOTES SANITARY SEWER MANHOLE — —SAN— —DENOTES SANITARY SEWER r m CO co o, w PARCEL "K' • PARCEL "$ i") DOC. No. 2003-27008 MISC. 332-723 0 7 o cn ,a v o. d• I N d W in PARCEL "M" m m (1818 SF.) o v 1M N 4 M O N \ _ (N89`58148"E-176.001) — NOTE: 1. The basis of bearing for this Plat of Survey is the South line of the SW 1/4 of Section 33 assigned an assumed bearing of N90'00'00"E. w 0 0 M N 0',- 0 • ! f ", i'\ A I'I r 1 WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE) 319-235-6294 (FAX) 319-235-0028 LEGAL DESCRIPTION PARCEL rrMe PLAT OF SURVEY PARCEL "M" SW 1/4 OF SE. 33—T89N—R13W WATERLOO, BLACK HAWK COUNTY, IOWA SURVEY FOR: BCS PROPERTIES, LLC PROPRIETOR: CITY OF WATERLOO, IOWA SHEET 1 OF 2 That part of the Southwest Quarter (SW 1/4) of Section Thirty—three (33), Township Eighty—nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Beginning at the Southwest corner of Parcel "K", Document No. 2003-27008 in the Black Hawk County Recorder's Office, which is also the Southeast corner of Parcel "J", Misc. Book 332, Page 723, said Recorder's Office; thence N89'S8'48"E One Hundred Seventy—six (176.00) feet along the South line of said Parcel "K"; thence S01°27'09"E Ten and Thirty—three Hundredths (10.33) feet along South—East line of said Parcel "K" to a point on a line Ten and Thirty—three Hundredths (10.33) feet South of and parallel to aforesaid South line; thence S89'58'48'W One Hundred Seventy—five and Ninety—six Hundredths (175.96) feet along said parallel line to the Southerly extension of the East line of aforesaid Parcel "J"; thence NO1°40'03"W Ten and Thirty—three Hundredths (10.33) feet along said Southerly extension to the point of beginning containing 1818 square feet. ON 3313 S30 N Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5182 AN ORDINANCE VACATING APPROXIMATELY 10.33' X 176' (1,818 SF) OF CITY OWNED RIGHT-OF-WAY LOCATED WEST OF 1850 WEST RIDGEWAY AVENUE IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, as follows: That part of the Southwest Quarter (SW ;4) of Section Thirty-three (33), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Beginning at the Southwest corner of Parcel "K", Document No. 2003-27008 in the Black Hawk County Recorder's Office, which is also the Southeast corner of Parcel "J", Misc. Book 332, Page 723, said Recorder's Office; thence N89°58'48"E One Hundred Seventy-six (176.00) feet along the South line of said Parcel "K"; thence S01°27'09"E Ten and Thirty-three Hundredths (10.33) feet along South -East line of said Parcel "K" to a point on a line Ten and Thirty-three Hundredths (10.33) feet South of and parallel to aforesaid South line; thence S89°58'48"W One Hundred Seventy-five and Ninety-six Hundredths (175.96) feet along said parallel line to the Southerly extension of the East line of aforesaid Parcel "J"; thence N01°40'03"W Ten and Thirty-three Hundredths (10.33) feet along said Southerly extension to the point of beginning containing 1818 square feet; shall be, and the same is hereby vacated. INTRODUCED: PASSED 1St CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: October 21, 2013 October 21, 2013 October 21, 2013 October 21, 2013 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa, on the 21St day of October, 2013, and approved by the Mayor on the 21St day of October, 2013. ATTEST: Su�Sch resCMC City Ole k Ernest G. Clark, Mayor Ordinance No. 5182 Page 2 CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5182, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 21St day of October, 2013. Witness my hand and seal of office this 21st day of October, 2013. SEAL uzy Sch:res, CMC City Cle k STATE OF;IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1429672 ORDINANCE NO. 5182 AN ORDINANCE VAC notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/18/2014, in theissues of 02/18/2014 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 $20.13 Subscribed and sworn to before me this ak day of 3-01 No ry Public (NLA(4-tm Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: COMMISSION NO.782413 tl;'' ' MY C0rS^�I��1 E7�PIRIG& COURIER -, ORDINANCE NO. 5182 AN ORDINANCE VACATING APPROX- IMATELY 10.33' X 176 (1,818 SF) OFf. CITY OWNED RIGHT-OF-WAY LO- CATED O CATED WEST OF 1850 WEST RIDGE - WAY AVENUE IN THE CITY OF WA- TERLOO, A TERLOO BLACK HAWK COUNTY, IOWA. BE IT ORDAINED BY THE CITY COUN- CIL OF THE CITY OF WATERLOO, IO- WA, as follows; That part of the Southwest Quarter (SW 14) of Section Thirty-three (33), Town -I. ship Eighty rune North (T89N), Range. Thirteen West (R13W) of the Fifth Prin- cipal Meridian, City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Beginning at the Southwest corner of Parcel K";;Document No. 2003-27008 m the Black Hawk County Recorder's Office, which is also the Southeast coo ner of Parcel l"4 , Misc. Book 332Page 723, said Recorder's Office; thence N89`584B'ElOne Hundred Seventy-six (176.00) feetalong the South line of said Parcel' K', thence S01°27'09"E Ten and: Thirty-three Hundredths (10,33) feet along South -East line of said Parcel K" to a point on a line Ten and Thirty-three Hundredths (10.33) feet South of and parallel to aforesaid South line; thence S89°58'48 W One Hundred: Seventy- five and Ninety-six Hundredths (178.26) feet along said parallel fine to the NliISouth erly extension of the East line of More sand Parcel "J ; thence redths (03'W Ten and Thirty three Hundredths (10,33) feet along said Southerly extension to the point of beginning containing 1818 square feetf; shall be, and the same is hereby2 ed INTRODUCED: Octoberr21, 21, 2013: PASSED 1st CONSIDERATION; October 21, 2013 PASSED 2nd CONSIDERATION: October 21, 2013OctoPASSED 3rd CONSIDERATION - TED r 21, 2013 PASSED AND ADOPTED by the City ' Council of the City of Waterloo, Iowa, on the 21st day of October, 2013, and ap- proved by the Mayor on the 21st day of t October, 2013. Ernest G. Clark, Mayor: ATTEST: Suzy s, CMC City Clerk Mayor BUCK CLARK CATV ' WATE L Oy IOWA, COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street o Waterloo, Iowa 50703-5783 0 (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: October 7, 2013 Prepared: October 2, 2013 Dept. Head Signature: Noel Anderson`— # of Attachments: 1 COUNCIL MEMBERS SUBJECT: 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 S CHMITT At -Large S(.4242''0 Set date of hearing for Real Estate Purchase Agreement between Buckets, Inc. and City of Waterloo for the sale of City -owned land to Buckets, Inc. for $1.00, in connection with Amendment to Development Agreement. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set the date of hearing for approval of the Real Estate Purchase Agreement, authorizing the sale of land for $1.00, plus up to $2,000 in closing costs. Summary Statement: As you may recall, the City of Waterloo worked with Buckets, Inc. for their acquisition of this site from the bankrupt Secor Industries. As a part of that overall exchange andacquisition, the City of Waterloo was deeded the 6 acres of land abutting this facility, and Buckets, Inc. was given the rights to expand into this area with a 20,000 sq. ft. building project. Buckets, Inc. (Waterloo Warehousing) is now ready to move ahead with a 30,000 sq. ft expansion project, and will acquire the land from the City of Waterloo as describe in the previous agreements. There is also two other items (Access Agreement and Amendment to Development Agreement) on the Council agenda to allow for their expansion project to proceed, and in a timely manner due to the weather getting cold this time of year. This will bring $800,000 in new taxable value to the area. Waterloo Warehousing has been a long time Waterloo company with many sites over the years, and it is good to see their continued expansion and investment in the Waterloo community. Expenditure Required: Up to $2,000 in closing costs for legal work. Source of Funds: general fund, TIF cash, and bonds Policy Issue: Economic Development within the City of Waterloo. • Alternative: NA Background Information: The Rath TIF District was expanded for the development of this site (previously Secor, before that Windor). Waterloo Warehousing's investment to buy, and now expansion helps to bring stability, tax base, and new jobs to this area of the community. CITY WEBSITE: www.ci.waterIoo.ia.us WE'RE WORKING FOR YOU[ An Equal Opportunity/Affirmative Action Employer REAL ESTATE PURCHASE AGREEMENT (NONRESIDENTIAL) TO: City of Waterloo, Iowa ("Seller") FROM: Buckets, Inc. ("Buyer") Buyer hereby offers to buy, and the Seller by its acceptance agrees to sell, the real property situated in Waterloo, Black Hawk County, Iowa, legally described as per the abstract of title, consisting of assessor parcel no(s). 8912-32-102-002; together with any easements and appurtenant servient estates, but subject to any reasonable easements of record for public utilities or roads, any zoning restrictions customary restrictive covenants and mineral reservations of record, if any, herein referred to as the "Property," upon the following terms and conditions: 1. PURCHASE PRICE. The Purchase Price shall be $1.00, which shall be due and payable in full at closing. 2. POSSESSION AND CLOSING. Possession of the Property shall be delivered to Buyer at closing. Closing shall occur at City Hall, 715 Mulberry Street, Waterloo, within thirty (30) days after approval of this Agreement by the Waterloo City Council, subject to satisfaction of any conditions stated in this Agreement. 3. REAL ESTATE TAXES. The Property is currently exempt from real estate taxes, and there are no taxes due and owing. Buyer shall pay all real estate taxes that become due and owing after closing. 4. SPECIAL ASSESSMENTS. Seller shall pay at time of closing all installments of special assessments which are a lien on the Property as of closing or which can be verified to be owing as of the closing date but are not yet certified as a lien. Buyer shall pay all other special assessn.ents or installments, 5. RISK OF LOSS AND INSURANCE. Seller agrees to maintain existing insurance to the date of closing and shall bear the risk of loss or damage to the Property to the date of closing. In the event of substantial damage or destruction prior to closing, the Buyer shall have the option to complete the closing and receive insurance proceeds regardless of the extent of damages or to declare this Agreement null and void. 6. FIXTURES. Included with the Property shall be all fixtures that integrally belong to, are specifically adapted to or are a part of the real estate, whether attached or detached. The following items shall not be included: 7. CONDITION OF PROPERTY. The Property is undeveloped ground. It will be preserved by the Seller in its present condition until closing. Seller sells the Property "AS IS" and makes no warranties, expressed or implied, as to the condition of the Property. Within 30 days after the acceptance of this Agreement, Buyer may, at its sole expense, have the property inspected by a person or persons of its choice to determine if there are any environmental or other deficiencies. Seller shall cooperate in providing reasonable access to Buyer's inspectors. Within this same period, the Buyer may notify the Seller in writing of any deficiency. The Seller shall immediately notify the Buyer in writing of what steps, if any, the Seller will take to correct any deficiencies before closing. The Buyer shall then immediately in writing notify the Seller that (1) such steps are acceptable, in which case this Agreement, as so modified, shall be binding upon all parties; or (2) that such steps are not acceptable, in which case this Agreement shall be null and void, and any earnest money shall be returned to Buyer. 8. ABSTRACT AND TITLE. Seller, at its expense, shall obtain from the Black Hawk County Abstract & Title an abstract of title to the Property continued through a date that is within thirty (30) days of the closing, and shall deliver it to Buyer's attorney for examination. It shall show marketable title in Seller in conformity with this Agreement, Iowa law, and title standards of the Iowa State Bar Association. The Seller shall make every reasonable effort to promptly perfect the title. If closing is delayed due to Seller's inability to provide marketable title, this Agreement shall continue in force and effect until either party rescinds the Agreement after giving ten days' written notice to the other party. The abstract shall become the property of Buyer when the Purchase Price is paid .in full Seller shall pay the costs of any additional abstracting and title work due to any act or omission of Seller. 9. SURVEY. Buyer may, at Buyer's expense, have the Property surveyed and certified by a registered land surveyor prior to closing if a survey is required by law. If the survey shows an encroachment on the Property or if any improvements located on the Property encroach on lands of othei s, the encroachments shall be treated as a title defect. 10. ENVIRONMENTAL MATTERS. A. Seller warrants to the best of its knowledge and belief that there are no abandoned wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks located on the Property, the Property does not contain levels of radon gas, asbestos, or urea -formaldehyde foam insulation which require remediation under current governmental standards, and Seller has done nothing to contaminate the Property with hazardous wastes or substances. Seller warrants that the property is not subject to any local, state, or federal judicial or administrative action, investigation or order, as the case may be, regarding wells, solid waste disposal sites, hazardous wastes or substances, or underground storage tanks. Any exceptions to the warranties set forth above are fully described on a separate addendum attached hereto. B. Seller hereby represents that, to the best of its knowledge and belief, there is no active or abandoned septic tank or septic system on the property, except as described here: C. Buyer may, at Buyer's expense, have the Property inspected further for the existence of any hazardous materials, substances, or wastes. Seller shall cooperate in providing reasonable access to Buyer's inspectors and engineers. If hazardous materials, substances, or wastes are discovered on the Property, Buyer's obligation hereunder shall be contingent upon the removal of such materials, substances, conditions or wastes or other resolution of the matter reasonably satisfactory to Buyer. However, in the event Seller is required to expend any sum in excess of $500 to remove any hazardous materials, substances, conditions or 2 wastes, Seller shall have the option to cancel this transaction and refund to Buyer all earnest money paid and declare this Agreement null and void. The expense of any action necessary to remove or otherwise make safe any hazardous material, substances, conditions or waste shall be paid by Seller, subject to Seller's right to cancel this transaction as provided above. 11. DEED. Upon payment of the Purchase Price, Seller shall convey the Property to Buyer by special warranty deed, free and clear of all liens, restrictions, and encumbrances arising by or through Seller, except as provided in this Agreement. General warranties of the title shall extend to the time of delivery of the deed excepting liens and encumbrances suffered or permitted by Buyer. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. N/A. 13. JOINDER BY SELLER'S SPOUSE. N/A. 14. STA IEMENT AS TO LIENS. If Buyer intends to assume or take subject to a lien on the Property, Seller shall furnish Buyer with a written statement prior to closing from the holder of such lien, showing the correct balance due 15. USE OF PURCHASE PRICE. At time of settlement, funds of the Purchase Price may be used to pay taxes and other liens and to acquire outstanding interests, if any, of others. 16. 1031 EXCHANGE. N/A. 17. APPROVAL OF COURT. N/A. 18. REMEDIES OF THE PARTIES. A. If Buyer fail to timely perform this Agreement,. Seller may forfeit it as provided in the Iowa Code (Chapter 656), and all payments made shall be forfeited; or, at Seller's option, upon thirty days' written notice of intention to accelerate the payment of the entire balance because of Buyer's default (during which thirty days the default is not corrected), Seller may declare the entire balance immediately due and payable. Thereafter this Agreement may be foreclosed in equity and the Court may appoint a receiver. B. If Seller fails to timely perform this Agreement, Buyer has the right to have all payments made returned to it, or Buyer may require specific performance by Seller. C. Buyer and Seller are also entitled to utilize any and all other remedies or actions at law or in equity available to them, and the prevailing parties shall also be entitled to obtain judgment for costs and attorney fees. 19. NOTICE. Any notice under this Agreement shall be in writing and be deemed served when it is delivered by personal delivery or mailed by certified mail, addressed to the parties at the addresses given below. Seller: City of Waterloo 715 Mulberry Street 3 Waterloo, IA 50703 Attn: Community Planning & Development Director Buyer: Buckets, Inc. 324 Duryea Street Waterloo, IA 50701 Attn: President 20. GENERAL PROVISIONS. In the performance of each part of this Agreement, time shall be of the essence. Failure to promptly assert rights herein shall not, however, be a waiver of such rights or a waiver of any existing or subsequent default. This Agreement shall apply to and bind the successors in interest of the parties. This Agreement contains the entire agreement of the parties and shall not be amended except by a written instrument duly signed by Seller and Buyer. Paragraph headings are for convenience of reference and shall not limit or affect the meaning of this Agreement. Words and phrases herein shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender according to the context. 21. NO REAL ESTATE AGENT OR BROKER. Neither party has used the service of a real estate agent or broker in connection with this transaction. 22. ADDITIONAL PROVISIONS. (a) This Agreement is expressly subject to approval by the city council of Seller. 23. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the parties, superseding all prior or contemporaneous understandings, negotiations, discussions, or agreements between the parties with respect to the subject matter hereof. 24. ACCEPTANCE. When accepted, this Agreement shall become a binding contract. If not accepted by Seller on or before October , 2013, this Agreement shall be null and void. Dated October , 2013 Accepted by Seller , 2013 BUYER SELLER Buckets, Inc. City of Waterloo, Iowa By: By: Kevin L. Hennem, President Ernest G. Clark, Mayor Attest: 4 Suzy Schares, City Clerk (Page 1 ot" 2) Preparer Informatic 41 Christopher S. Wendland Indivklual's Name P.O. Box 596 Street Address 1111111111111111111101111111 Doc ID: 004794650002 Type GEN Kind: WARRANTY DEED Recorded: 06/21/2012 at 11:23:13 MI Fee Amt: $17.00 Page 1 of 2 Revenue Tax: $0.00 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER F1102012-00021482 Waterloo IA 50704 (319) 234-5701 city Phone dress tax statement to City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 Return deed to grantee. SPECIAL WARRANTY DEED For the consideration of One Dollar ($1.00) and other valuable consideration, Secor Investments, L.L,C. does hereby Convey to City of Waterloo, Iowa the following described real estate in Black Hawk County, Iowa: See Exhibit "A" attached hereto. Authorized conveyance in the ordinary course of company business. Deed in which consideration is less than $500. Exempt from real estate transfer tax and declaration of value. The Grantor hereby covenants with grantees, and successors in interest, to warrant and defend the real estate against the lawful claims of all persons claiming by, through, or under It, except as may be stated above. Words and phrases herein, Including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. STATE OF IOWA ) ss: BLACK HAWK COUNTY ) Acknowledged before me on May /5 , 2012, by W. Scott Secor as Manager of Secor Investments, L.L.C, ;' JODIE L. JENSEN-SCOLES COMMISSION NO. 7341481 CrMJ7O69E4 /7401�s /74' Dated: May J i -4 L, 2012. SECOR INVESTMENTS, L.L.C. By: 4i Secof$ anager J. File Number: 2012-00021482 Seq: 1 (Page 2 or 2) Exhibit "A" A part of Government Lot I in Section 32, Township 89 North, Range 12 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, lying Southerly of the Illinois Central Switch Track and lying Southeasterly of the following described line: Commencing at the point of intersection of the Southerly right-of-way line of the Illinois Central Switch Track and the Northeasterly line of former Iowa State Highway No. 297; thence Southeasterly along said Highway 620 feet to the point of beginning of the line herein described; thence Northeasterly at right angles to the Northeasterly line of said Highway to the Southerly line of the Illinois Central Switch Track, except that part thereof bounded as follows: Commencing at the intersection of the West line of the East 10 acres of said Government Lot and the Northeasterly line of said Highway; thence Northwesterly along the Northeasterly line of said Highway 270 feet; thence Northeasterly 331 feet to a point on the West line of the East 10 acres that is 429 feet North of the point of beginning; thence South along the West line of said East 10 acres 429 feet to the point of beginning, and except that part thereof lying in the East 10 acres of said Government Lot. File Number: 2012-00021482 Seq: 2 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-843 RESOLUTION APPROVING REAL ESTATE PURCHASE AGREEMENT WITH BUCKETS, INC. OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Real Estate Purchase Agreement dated October 21, 2013, for the sale of City -owned land identified as Parcel No. 8912-32- 102-002 located at 3215 Lafayette Street in the amount of $1.00, plus up to $2,000.00 in closing costs, in connection with Amendment to Development Agreement, and legally described as follows: A part of Government Lot 1 in Section 32, Township 89 North, Range 12 West of the Fifth Principal Meridian in the City of Waterloo, Black Hawk County, Iowa, lying Southerly of the Illinois Central Switch Track and lying Southeasterly of the following described line: Commencing at the point of intersection of the Southerly right-of-way line of the Illinois Central Switch Track and the Northeasterly line of former Iowa State Highway No. 297; thence Southeasterly along said Highway 620 feet to the point of beginning of the line herein described; thence Northeasterly at right angles to the Northeasterly line of said Highway to the Southerly line of the Illinois Central Switch Track, except that part thereof bounded as follows: Commencing at the intersection of the West line of the East 10 acres of said Government Lot and the Northeasterly line of said Highway; thence Northwesterly along the Northeasterly line of said Highway 270 feet; thence Northeasterly 331 feet to a point on the West line of the East 10 acres that is 429 feet North of the point of beginning; thence South along the West line of said East 10 acres 429 feet to the point of beginning, and except that part thereof lying in the East 10 acres of said Government Lot; by and between Buckets, Inc. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21St day of October, 2013. Ernest G. Clark, Mayor ATTEST: ry Sch City Cl- k es, BUCK CLARK <_`O NCIL E.MBITS DAsii: SONES Warl; tC I\J OLYN COLI_ ward 1 -LA: oLt) G ET1 Y RON Summary State ent: This would be the fourth acquisition of land under the original COMMUNITY PLANNING AND DEVELOPMENT 507(1.3-57;:i3 , (2,:3) 1`3 3 (i r<,x; (312) 291.4262 Council Communication City Council Meeting: October 7, 2013 Prepared: October 2, 2013 Dept. Head Signature: Noel Anderson— # of Attachments: 2 SUBJECT: Set date of hearing for Exchange Agreement and Assignment of Offer to Buy Real Estate and Acceptance between the City of Waterloo and L and H Farms, Ltd for the acquisition of property in Black Hawk County for exchange of property in the San Marnan TIF District in the amount of $461,290 for 10.156 acres of land in November of 2013, and $395,846 for 8.175 acres of land in March 2014 acquired and an Option Exchange Agreement. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set the date of hearing for October 21, 2013 for approval of the Exchange Agreement and Assignment of Offer to Buy Real Estate and Acceptance, authorizing the acquisition and sale (exchange) of land in the total amount of $857,136 plus up to $10,000 in closing costs. if;:rl5 master agreement for the long-term (8 years) purchase of land in the San Marnan }la area. The City would be acquiring another 18.871 acres of land (in two acquisitions (_;r.r'r"r)r)" of 10.156 acres and 8.715 acres) in this area, southeast of the Highway 20 and At Ansborough Avenue interchange for future development. The City price of land being STEVE acquired is approximately $45,420 per acre for the development land in the City •13'v41 . limits. It should be noted other farmland outside of the city limits has been selling for as high as $14,500 per acre, whereas the basis for the exchange agreement (3.21 ratio) and amount specified above is $12,957.58 per acre. This acquisition is paid out of the TIF District revenue itself, not out of general city funds. The TIF District and its funds are designed and required to be spent within the TIF District itself for improvements, this will be a large step in the continued planning, development, and marketing of this area. The City will earn rent money after acquisition, beginning at $190 per acre. Expenditure Required: $461,290 in November 2013 and $395,846 in Mar 2014 plus up to $10,000 in closing costs Source of Funds: TIF cash Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The City of Waterloo has been working for a number of years on the development of a South Waterloo Business Park concept. The continued development of this area of the City will work to provide for a major business and light industrial park setting along the Highway 20 corridor. Based on feedback from major companies, business location consultants, and the Waterloo Industrial Development Association, this growth along the Highway 20 corridor is key to drawing large companies, projects, and jobs to the City of Waterloo. This latest acquisition will now have the City owning approximately 70 acres, with an approximate 80 acres to be acquired under the agreement. The City continues to show this area for large development prospects. This current acquisition will further allow for areas of land needed for infrastructure improvements for full service of the area to be acquired immediately. The Waterloo City Council has previously zoned land in this area and expanded the San Marnan TIF District to include this land, down to the recently completed Shaulis Road extension, for business development of the area. The approval of these agreements would work as the next steps in this long-term process of development of this entire Highway 20 corridor area. EXCHANGE AGREEMENT THIS EXCHANGE AGREEMENT is entered into this day of 2013, by and between the City of Waterloo, a municipal corporation ("City"), and L & H Farms, Ltd., an Iowa general partnership ("LHF"). WHEREAS, City has offered to purchase approximately 32.6 acres more or less of Black Hawk County agricultural land described on the attached Exhibit "A" (hereinafter "Farm Land") for the sum of $461,290.00 on or before Friday, November 29, 2013, if LHF will agree to accept a conveyance of the Farm Land in exchange for 10.156 acres of development land located at the intersection of U.S. Highway 20 and Ansborough Avenue; and WHEREAS, LHF is the owner of 10.156 acres of real property located at the southeast corner of the intersection of U.S. Highway 20 and Ansborough Avenue described on the attached Exhibit "B" and depicted on the aerial photograph on attached Exhibit "C" (hereinafter "Development Land"); and WHEREAS, LHF is willing to convey the Development Land to City in exchange for the Farm Land so as to qualify the transaction for the non -recognition of gain under Internal Revenue Code Sec. 1031 (such exchange being hereafter referred to as the "Exchange"). NOW, THEREFORE, in consideration of the mutual covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Section 1. Construction and Interpretation. This Agreement shall be carried out, governed by, and construed in accordance with the laws of Iowa and, to the extent necessary or appropriate, to obtain like -kind exchange treatment under Internal Revenue Code §1031. The parties agree to execute any additional documents required to allow this transaction to so qualify. LHF agrees to bear any expenses associated with document preparation necessary to qualify the Exchange for like -kind exchange treatment. Section 2. Contingencies. 2.1 City's obligations herein are subject to and conditioned upon the following: A. The City Council for the City of Waterloo, Iowa, adopting a resolution authorizing City to take assignment of the contract to purchase the Farm Land pursuant to the agreed-upon terms and conditions of the assignment set forth in Section 3 below, and further authorizing City to purchase the Farm Land for the sum of $461,290.00 pursuant to the terms and conditions of said contract; 1 B. The City Council for the City of Waterloo adopting a resolution authorizing City to convey the Farm Land to LHF in exchange for the Development Land by directing the sellers of the Farm Land to convey it directly to LHF in accordance with the terms of that certain Option Exchange Agreement between City and LHF dated March 8, 2010; C. City completing its purchase of the Farm Land prior to closing on this exchange with LHF. 2.2 LHF's obligations herein shall be subject to and conditioned upon City completing its purchase of the Farm Land. Section 3. Terms of Assignment. City will be taking assignment of an existing contract to purchase the Farm Land. A copy of said contract, as amended, is attached to this Agreement as Exhibit "D." A copy of the Assignment is attached as Exhibit `B." Section 4. Conveyance of Property. 4.1 City agrees to require the current owners of the Farm Land to convey said real property directly to LHF by warranty deed as consideration for LHF's conveyance of the Development Land to City by warranty deed; 4.2 City agrees to accept the conveyance of the Development Land in accordance with the terms and conditions of this Exchange Agreement. 4.3 In recognition of LHF's role in identifying and pre -approving the Farm Land for acquisition by City for purposes of this Agreement, LHF agrees to accept the conveyance of the Farm Land "as is," subject to all conditions, easements, restrictions and other characteristics, and hereby acknowledges that City has not made and will not make any representation or warranty with respect to the Farm Land, whether as to merchantability of said land, its fitness for any particular purpose, or otherwise. 4.4 The parties agree that both the Farm Land and the Development Land shall be deemed to have a value of $461,290.00 for purposes of this transaction. 4.5 No cash consideration will be exchanged between the parties. Section 5. Form of Conveyance 5.1 City shall cause the current owner of the Farm Land to convey said real property directly to LHF by Warranty Deed. LHF shall convey the Development Land to City by Warranty Deed. Title shall be merchantable title in accordance with the Iowa Title Standards. 5.2 All liens or clouds on title shall be removed prior the Exchange. 2 I 5.3 If title cannot be made merchantable within a reasonable period of time, this Exchange Agreement shall become null and void. Section 6. Closing. The closing on the Exchange contemplated herein shall occur contemporaneously with the closing on City's purchase of the Farm Land. It is expected that the closing will occur on or before Friday, November 29, 2013. Section 7. Property Taxes. 7.1 LHF acknowledges that City will receive a credit against the $461,290.00 purchase price for the Farm Land in an amount equal to the annual real estate taxes on the Farm Land prorated through the closing date, and that as a result of such credit, the seller of the Farm Land will expect City and its successors to pay the installments of property taxes due on and after March 31, 2014. LHF agrees to assume responsibility for making the general property tax payments for the Farm Land due March 31, 2014, and all subsequent installments. 7.2 LHF will pay the property taxes on the Development Land that are due September 30, 2013 and March 31, 2014. LHF will also pay a prorated share of the installment of general real estate taxes due on September 30, 2014. City shall be responsible for real estate taxes attributable to the Development Land due March 31, 2015, and all subsequent installments of general real estate taxes attributable to the Development Land, if any. Section 8. Survey. If the parties determine that a survey of the Development Land, or any part thereof; is required, then City shall reimburse LHF for the cost of procuring a plat of survey for the Development Land. The plat of survey must be completed and filed of record in the office of the Black Hawk County Recorder prior to the completion of the Exchange contemplated herein. Section 9. Abstracting. 9.1 The current owner of the Farm Land will provide City with an updated abstract of title for the Farm Land prior to City having to complete its purchase of the Farm Land. Upon receipt of the abstract of title, City shall deliver it to legal counsel for LHF. Legal counsel for LHF shall examine the abstract of title and confirm that the current owner of the Farm Land possesses marketable title to the real estate as required by this Exchange Agreement. 9.2 LEE will provide City with an updated abstract of title for the parcel of real estate that includes the Development Land. City acknowledges that the abstract of title will include other real estate. City shall bear the expense of paying the abstract company to prepare a 3 I separate abstract of title for the Development Land. City may defer the preparation of this abstract until such time as it is prepared to sell all or a portion of the Development Land. Section 10. Other Closing Costs. Each of the parties agrees to pay any closing costs not specifically addressed herein in the manner customarily paid by buyers and sellers as part of real estate transactions in the State of Iowa. Section 11. Option to Rent. City agrees that as long as City remains the titleholder to all or a portion of the Development Land, Lanehaven Farms, Inc., shall be entitled to rent any and all undeveloped portions of the Development Land on a year-to-year basis on the condition that Lanehaven Farms, Inc., enter into a written lease agreement with City requiring, among other things, that Lanehaven Farms, Inc., provide the same indemnification customarily required of tenants in a cash basis farm lease and that Lanehaven Farms, Inc., procure customary liability insurance identifying City as an additional insured. Annual rent for the first seven (7) years shall be $190.00 per acre. Thereafter, annual rent shall be mutually agreed upon by the parties or in the absence of such agreement, it shall be set at the then prevailing fair rental value as determined by a mutually agreeable farm management company such as Hertz Farm Management. Rent shall be payable in December of each calendar year. Section 12. Notices. All notices, requests, demands, directions and other communications required or permitted to be given pursuant to this Agreement shall be valid if in writing and if delivered personally, or sent by certified or registered mail, return receipt requested, postage prepaid and addressed as follows: To City: To LHF: Secti )n 13. Amendments. The City of Waterloo, a municipal corporation Attention: Ernest G. Clark, Mayor Attention: Suzy Schares, City Clerk 315 Mulberry Street Waterloo, Iowa 50703 L & H Farms, Ltd., an Iowa general partnership Lanehaven Farms, Inc., Partner Attention: Curtis Hollis, President 7052 Hammond Avenue Waterloo, Iowa 50701 This Agreement may not be modified except in a written instrument signed by the parties. 4 I Section 14. Enforceability. This Agreement shall bind and inure to the benefit of the parties hereto and their respective successors, executors, personal representatives and assigns. No party to this Agreement may assign their/its rights or interests hereunder without the prior written consent of each of the other parties. Section 15. Counterparts. This Agreement may be executed simultaneously in two or more counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same document. Section 16. Limitation of Rights. With the exception of the rights herein expressly conferred, nothing expressed in this Agreement is intended or shall be construed to give to any person or entity, other than the parties hereto, any legal or equitable right, remedy or claim under or in respect to this Agreement or any covenants, agreements, conditions and provisions herein contained, this Agreement and all of the covenants, agreements, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the parties hereto. Section 17. Severability. If any provision of this Agreement shall be held or deemed to be or shall, in fact, be inoperative or unenforceable as applied in any particular case in any jurisdiction or jurisdictions or in all jurisdictions, or in all cases because it conflicts with any other provision or provisions hereof or any constitution or statute or rule of public policy, or for any other reason, such circumstances shall not have the effect of rendering the provision in question inoperative or unenforceable in any other case or circumstance, or of rendering any other provision or provisions herein contained invalid, inoperative, or unenforceable to any extent whatever. Section 18. Intent. It is the intent of the parties that this Exchange Agreement shall permit each party to complete a like -kind exchange pursuant to Internal Revenue Code Sec. 1031 and it is intended to comply with the requirements of the regulations thereunder, including, but not limited to, Reg. 1.1030(k) -I. To the extent that any provisions herein conflict with the requirements of the safe harbor provisions contained therein, the requirements and the conditions of the statute and the regulations shall control. 5 IN WITNESS WHEREOF, City and LHF have each caused this Agreement to be executed, sealed and delivered as of the day and year first above written. THE CITY OF WATERLOO, A MUNICIPAL CORPORATION By: Ernest G. Clark, Mayor By: Suzy Schares, City Clerk L & H FARMS, LTD. By: LANEHAVEN FARMS, INC., Partner By: Curtis G. Hollis, President STA l'E OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the day of 2013, by Ernest G. Clark as Mayor and Suzy Schares as City Clerk of the City of Waterloo, Iowa, an Iowa municipal corporation. I Notary Public in and for Black Hawk County, Iowa 6 STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK ) This instrument was acknowledged before me on the day of 2013, by Curtis G. Hollis as President of Lanehaven Farms, Inc., an Iowa corporation, General Partner of L & H Farms, Ltd., an Iowa general partnership. Notary Public in and for Black Hawk County, Iowa 7 I EXHIBIT "A" The Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (32.6 tillable acres, more or less). 8 1 EXHIBIT "B" Development Land Red Parcel The South 172.75 feet of the North 385.50 feet of the North Half of the Southwest Quarter (N 1/2 SW 'A) in Section No. 9, Township No. 88 North, Range No. 13 West of the Fifth Principal Meridian, Black Hawk County, Iowa, EXCEPT that part thereof conveyed to the City of Waterloo in a deed filed March 14, 2012 as Doc. No. 2012-16922 in the Office of the Black Hawk County Recorder. Subject to easements, restrictions, covenants, ordinances and limited access provisions of record and not of record. 9 EXHIBTI' "C" Development Land 10 I EXHIBIT "D" Sieglaff Contract #1 11 EXHIBIT "E" ASSIGNMENT OF OFFER TO BUY REAL ESTATE AND ACCEPTANCE 12 THE IOWA STATE BAR ASSOCIATION Odal Form No. 143 rfl Mark S. Rolinger FOR THE LEGAL EFFECT OF THE USE OF BIB FORM, CONSULT YOUR LAWYER STATE. u 74)datio$ IT REAL ESTATE ONT CT (SHORT FORM) IS AGREED between Cecil Sieglaff and Betty Sieglaff, married persons ("Sellers"); and Hollis Farms, Inc., an Iowa corporation ("Buyers"). Sellers agree to sell and Buyers County, Iowa, described as: The Southeast Quarter of Range 14 West of the 5th right of way (32.6 tillable with any easements and appurtenant a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public d. (consider: liens; mineral rights; other agree to buy real estate in Black Hawk the Southeast Quarter (SE 1/4 SE 1/4) of Section 10, Township 87 North, P.M. in Black Hawk County, Iowa, except the highway and adjoining public acres, more or less). servient estates, but subject to the following: utilities, roads and highways; and easements; interest of others.) (the "Real Estate"), upon the following 1. PRICE. The total purchase price Hundred Ninety and 0/100 terms: for the Real Estate is Four Hundred Sixty -One Thousand Two Dollars (S 461,290.00 ) of which Nine Thousand Nine Hundred Ninety -Nine and 0/100 Dollars McCrindle (S 9 999.00 ) has been paid. -- . .. _ .. to C. Kevin as earnest money. to Sellers in cash at Closing, which shall occur on or before November 29, e eHewe( Buyers shall pay the balance 2013. ®Tire Iowa Slate Bar Assoaahon20 s 143 REAL ESTATE CONTRACT (SHORT FORM) IOWADOCS' RovisedJune 2009 2. INTEREST. = • • - - - the unpaid bntence, at th,, Buyers shall also- pay Interest al the rale of percent per annum on all delinquent amounts and any sum reasonably advanced by Sellers to protect their interest in this contract, computed from the date of the delinquency or advance. 3. REALSTA E TAXES. Seller shall pay general real estate taxes hat accrue through the Closing Date. which based on the anticipated Closing Date will he approximately 5/6 of the installment of -neral real estate taxes due September 10, 9014 pcyata-o Nc,..e.,t ❑,,, a„rid and any unpaid real estate taxes payable in prior years. Buyers shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. 4. SPECIAL ASSESSMENTS. Sellers shall pay all special assessments which are a lien on the Real Estate as of the date of this contractor . All other special assessments shall be paid by Buyers. 5. POSSESSION CLOSING. Sellers shall give Buyers possession of the Real Estate on or before 11/29/13 provided Buyers are not in default under this contract. Closing shall be on or before 11/291t3 6. INSURANCE, Sellers shall maintain existing Insurance upon the Real Estate until the date of possession. Buyers shall accept insurance proceeds instead of Sellers replacing or repairing damaged improvements. After possession and until full payment of the purchase price, Buyers shah keep the improvements on the Real Estate insured against loss by tire, tornado, and extended coverage for a sum not less than 80 percent of full Insurable value payable to the Sellers and Buyers as their interests may appear. Buyers shall provide Sellers with evidence of such insurance. 7. ABSTRACT AND TITLE. Sellers, at their expense, shall promptly obtain an abstract of Lille to the Real Estate continued through the date of this contract and deliver it to Buyers for examination. It shall show merchantable title in Sellers in or conformity with this contract, Iowa law and the Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyers when the purchase price is paid in full, however, Buyers reserve the right to occasionally- use the abstract prior to full payment of the purchase price. Sellers shall pay the costs of any additional abstracting and title work due to any act or omission of Sellers, including transfers by or the death of Sellers or their assignees. 8. FIXTURES. All properly that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considereda part of Real Estate and included In -the sale except: (consider: rental items.) 9. CARE OF PROPERTY. Buyers shall take good care of the property; shall keep the buildings and other improvements now or later placed on the Real Estate In good and reasonable repair and shall not injure, destroy or remove the property during the term of this contract. Buyers shall not make any material alteration to the Real Estate without the written consent of the Sellers. 10. DEED. Upon payment of purchase price, Sellers shall convey the Real Estate to Buyers or their assignees by walianty deed, free and clear of all liens, restrictions, and encumbrances except as provided herein. Any general warranties of title shall extend only to the date of this contract, with special warranties as to acts of Sellers continuing up to time of delivery of the deed. 11. REMEDIES OF THE PARTIES, a, If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fat to pay the taxes or special assessments or charges, or any part thereof, levied upon said property, or assessed against it, by any taxing body before any of such items become delinquent; or (c) fail to keep the property insured; or (d) fail to keep it in reasonable repair as herein required; or (e) fail to perform any of the agreements as herein made or required; then Sellers, In addition to any and all other legal and equitable remedies which they may have, at their option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of Iowa). Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and/or Improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract ; and upon completion of such forfeiture, if the Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of lease, and may accordingly be ousted and removed as such as provided by law. b. If Buyers fail to timely perform this contract, Sellers, at their option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take frnmediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure and upon the contract obligation, It is agreed that if this contract covers less than ten- (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriff's sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the Sellers, in such action file an election to waive any deficiency judgment against Buyers which may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months. It is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixty (60) days if all of the three following contingencies develop: (1) The rear estate is less than ten (10) acres in the; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in Such action. If the redemption period Is so reduced, Buyers or their surrnssors In interest or the owner shall have the exclusive right to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided In Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the property Is not abandoned. Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code. Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and for improvements If any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of a lease, and may accordingly be ousted and removed as such as provided by law. c. If Sellers fail to timely perform their obligations under this contract, Buyers shall have the right to terminate this contract and have all payments made returned to them. d. Buyers and Sellers are also entitled to utilize any and all other remedies or actions at law or in equity available to them. e. In any action or proceeding relating to this contract the successful party shall be entitled to receive reasonable attorney's fees and costs as permitted by law. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, Immediately preceding this contract, hold title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of Sellers, then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full right of survivorship and not as tenants in common; and Buyers, in the event of the death of either Seller, agree to pay any balance of the price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 10. 13. JOINDER BY SELLER'S SPOUSE, Seller's spouse, if not a titleholder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed for this purpose. 14. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 15. PERSONAL PROPERTY. If this contract includes the sale of any personal property, Buyers grant the Sellers a security interest in the personal property and Buyers shall execute the necessary financing statements and deliver them to Sellers, 16. CONSTRUCTION. Words and phrases in this contract shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 17. RELEASE OF RIGHTS. Each of the Sellers hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property. 1 B. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation, Each party hereby agrees to defend, Indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS CONTRACT, Dated: Dated: Hollis Farms, Inc. BUYERS BUYERS 19. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Delete inappropriate alternatives below. If no deletions are made, the provisions set forth in Paragraph A shall be deemed selected. A. Seller represents and warrants to Buyer that the Properly is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the property. B C. -S 20, ADDITIONAL PROVISIONS. See Addendum. Dated: Cecil Sieglaff Betty Sieglaff STATE OFJOWA SELLERS Hollis Farms, Inc. COUNTY OFBLACK HAWK BUYERS This instrument was acknowledged before me on by, Cecil Sieglaff and Betty Sieglaff married persons Notary Public INDIVIDUAL NOTARY STATE OF IOWA , COUNTY OF BLACK HAWK The instrument was acknowledged before me on , by Blake G. Hollis, President of Hollis Farms, Inc. STATE OF , COUNTY OF The instrument was acknowledged before me on , by , Notary Public CORPORATE NOTARY STATE OF , COUNTY OF , Notary Public The instrument was acknowledged before me on by as of STATE OF , COUNTY OF , Notary Public The instrument was acknowledged before me on by as of , Notary Public 1 Seller: Cecil Sieglaff and Betty Sieglaff, married persons Buyer: Hollis Farms, Inc. Property: SE % SE % Section 10-87-14, Black Hawk County, Iowa ADDENDUM 26. Additional Provisions. A. Buyer shall have the right to assign its interest in this Real Estate Contract to the City of Waterloo, Iowa, for the purpose of facilitating the City of Waterloo's acquisition of the Real Estate and subsequent exchange of the Real Estate with L & H Farms, Ltd., as part of a like -kind exchange under § 1031 of the Internal Revenue Code. The assignment and like -kind exchange shall be accomplished at no expense to Sellers.. B. This Real Estate Contract is subject to and conditioned upon the City of Waterloo approving the purchase of the Real Estate pursuant to the terms of this Real Estate Contract and its approval of a related Exchange Agreement in which the City of Waterloo will convey the Real Estate to L & H Farms, Ltd. in exchange for other real estate. The City Council's approval must occur on before Monday, October 28, 2014. C. Buyer's obligations in this Real Estate Contract are subject to and conditioned upon Buyer's acquiring Sellers' adjacent property, identified as Parcel B on the site map attached hereto as Exhibit "A" (37.3 tillable acres, more or less) under a separate real estate contract ("Real Estate Contract #2) entered into contemporaneously with this Real Estate Contract. D. This Real Estate Contract is subject to and conditioned upon the City of Waterloo approving the purchase of the real estate described in Real Estate Contract #2 and its approval of a related exchange agreement in which the City of Waterloo will convey the real estate described in Real Estate Contract #2 to L & H Farms, Ltd. in exchange for other real estate. The City Council's approval must occur on or before Monday, October 28, 2013. E_ Buyer's obligations in this Real Estate Contract are subject to and conditioned upon Buyer and Sellers entering into the Options to Purchase Real Estate for Buyer's potential acquisition of Parcel C and Parcel D on Exhibit "A" (36.7 tillable acres and 31.5 tillable acres, respectively, more or less), pursuant to the Options to Purchase Real Estate attached hereto as Exhibits "B" and "C" and entered into contemporaneously with this Real Estate Contract. F. If any of the contingencies with regard to this Real Estate Contract or Real Estate Contract #2 are not satisfied, Buyer shall have the right, but not the obligation, to declare this Real Estate Contract, Real Estate Contract #2, and the Options to Purchase Real Estate null and void, and in the event of such election, the earnest money provided for in this Real Estate Contract and Real Estate Contract #2 and any consideration paid by Buyer in exchange for the options in the Options to Purchase Real Estate shall be returned to Buyer. If Buyer fails to provide written notice to Sellers of the election to declare this Real Estate Contract, Real Estate Contract #2, and the Options to Purchase Real Estate null and void on or before October 31, 2013, then Buyer shall be obligated to proceed according to provisions of both this Real Estate I Contract and Real Estate Contract #2, and the Options to Purchase Real Estate shall remain in effect according to its terms. Buyer: L & H Farms, Ltd. By: Title: Sellers: Cecil Sieglaff Betty Sieglaff PARCEL C NP? Qus va 36.7 Acres r- .‘; 1t mace', 6 SYY. Qpill:LEL 37.3Ac.Y-3 -' PARCEL A SE Quaitr 3z.6 ttres'. OPTION TO PURCHASE REAL ESTATE THIS AGREEMENT is made and entered into this day of September, 2013, by and between Cecil Sieglaff and Betty Sieglaff, married persons (collectively referred to herein as "Owners") and Hollis Farms, Inc., an Iowa corporation (hereinafter referred to as "Option Holder"). 1. Grant of Option. As consideration for the purchase of the real estate described on Exhibit "A" by Option Holder or its assignee (collectively referred to herein as "Option Holder"), Owners hereby grant and convey to Option Holder an exclusive and irrevocable option to purchase the following described real estate: The Northwest Quarter of the Southeast Quarter (NW '/4 SE 'A) of Section 10, Township 87 North, Range 14 West of the 5`h P.M. in Black Hawk County, Iowa (hereinafter referred to as the "Real Estate"). The Real Estate shall include all rights, easements, and appurtenances. This option shall be rendered null and void if Option Holder does not purchase the real estate described in Exhibit "A." 2. Exercise of Option. This option maybe exercised by Option Holder at any time after August 1, 2015, and prior to August 31, 2015, by delivery of written notice of the exercise of this option to Owners. 3. Purchase Price. The purchase price for the Real Estate, if this Option is exercised, shall be the fair market value of the Real Estate as of the date Option Holder exercises its option, as determined by a certified appraiser mutually agreed upon by Option Holder and Owners. If the parties are not able to agree on a certified appraiser, a certified appraiser will be selected by a representative of the City of Waterloo. 4. Manner of Payment of Purchase Price. The entire purchase price shall be paid by Option Holder in cash at Closing. 5, Marketable Title. Within fifteen (15) days after the exercise of this Option, Owners shall deliver to Option Holder an Abstract of Title showing marketable title in Owners. Option I-Iolder shall have fifteen (15) days after receipt of said Abstract of Title for examination of said title and making any objections thereto. If any such objections are made, Owners shall have thirty (30) days after receipt of written notice of the objections to make such title marketable. If Owners are unable to cure any objections within the time permitted herein, Option Holder may, at its election, declare its obligation to purchase the Real Estate null and void, in which event neither party shall be liable for any damages. 6. Conditions to Closing. If this Option is exercised, Option Holder's obligation to complete the purchase of the Real Estate shall be subject to the following conditions, all of which must be fulfilled prior to and as a condition of closing: (a) The purchase price shall have been determined by a certified appraiser. 1 6. Conditions to Closing. If this Option is exercised, Option Holder's obligation to complete the purchase of the Real Estate shall be subject to the following conditions, all of which must be fulfilled prior to and as a condition of closing: (a) The purchase price shall have been determined by a certified appraiser, (b) Title to the Real Estate shall be marketable, and all objections must be cured or provision made for cure at the time of Closing, (c) The City of Waterloo shall have accepted assignment of Option Holder's right to purchase the Real Estate and its City Council shall have adopted a resolution approving its purchase and subsequent exchange of the real estate with L & H Farms, Ltd. If the conditions set forth above are not satisfied to Option Holder's satisfaction within ninety (90) days following the exercise of this Option, then Option Holder may, at its election and in its sole and absolute discretion, terminate its obligation to complete the purchase of the Real Estate, except that Owners shall have the time permitted by Paragraph 5 above to cure any objections to title. If this Option is terminated pursuant to this paragraph, neither party shall be liable for damages. Option Holder may elect to waive one or more of the above conditions, or the parties may agree to extend the time within the which the conditions must be fulfilled. Owners and Option Holders each agree to cooperate in good faith with the fulfillment of the conditions. 7. Documents to be Delivered at Closing, If this Option is exercised, Owners agree, subject to performance by Option Holder, to execute and deliver at Closing to Option Holder, its nominees, assignees, successors or assigns, a Warranty Deed for the Real Estate, with appropriate deed or revenue stamps affixed thereto, conveying marketable title to the Real Estate to Option Holder or its successors or assigns, free and clear of all liens, charges and encumbrances. 8. Closing. Closing shall take place within forty-five (45) days of any exercise of the Option or after all of the conditions and contingencies referred to in Paragraph 7 have either been satisfied or waived by Option Holder in writing, but in any case, not later than April 30, 2016, at a time and place mutually agreeable to Owners and Option Holder. 9. Possession. Owners agree to deliver possession of the Real Estate to Option Holder at Closing. 10. Real Estate Taxes. Real Estate taxes shall be prorated to the date of Closing. 11. Notices, All notices and other communications by either party to the other parties shall be in writing and sent by certified mail, return receipt requested, postage prepared, addressed, If to Owners: Cecil Sieglaff and Betty Sieglaff 2 If to Option Holder: L & H Farms, Ltd. 7502 Hammond Avenue Waterloo, Iowa 50701 Either party may provide the other parties with a notice of change of address during the term of this Option Agreement. 12. Recording of Memorandum of Agreement. The parties agree to cooperate with the preparation and recording of a written Memorandum of this Option Agreement to be recorded in the Office of the Black Hawk County Recorder. 13. Entire Agreement. This Agreement represents the entire agreement between the parties with respect to the subject matter and supersedes any and all prior negotiations and discussions between the parties. 14. Binding Effect. This Agreement shall be binding upon and inure to the parties and their respective successors and assignees. IN WITNESS WHEREOF, Owners and Option Holder have executed this Option the day and year first above written, intending to be legally bound thereby and warranting authority to execute the same. Buyer: L & H Farms, Ltd. By: Title: Sellers: Cecil Sieglaff Betty Sieglaff 3 EXHIBIT "A" The Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (32.6 tillable acres, more or less). AND The Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (37.3 tillable acres, more or less). 4 OPTION TO PURCHASE REAL ESTATE THIS AGREEMENT is made and entered into this day of September, 2013, by and between Cecil Sieglaff and Betty Sieglaff, married persons (collectively referred to herein as "Owners") and Hollis Farms, Inc., an Iowa corporation (hereinafter referred to as "Option Holder"). 1. Grant of Option. As consideration for the purchase of the real estate described on Exhibit "A" by Option Holder or its assignee (collectively referred to herein as "Option Holder"), Owners hereby grant and convey to Option Holder an exclusive and irrevocable option to purchase the following described real estate: The Northeast Quarter of the Southeast Quarter (NE'/ SE %) of Section 10, Township 87 North, Range 14 West of the 5'h P.M. in Black Hawk County, Iowa, except the part thereof described in the Plat of Survey recorded as Doe. No, (hereinafter referred to as the "Real Estate"). The Real Estate shall include all rights, easements, and appurtenances. This option shall be rendered null and void if Option Holder does not purchase the real estate described in Exhibit "A." 2. Exercise of Option. This option may be exercised by Option Holder at any time after December 1, 2015, and prior to December 31, 2016, by delivery of written notice of the exercise of this option to Owners. 3. Purchase Price. The purchase price for the Real Estate, if this Option is exercised, shall be the fair market value of the Real Estate as of the date Option Holder exercised its option to purchase adjacent real estate, which will be sometime between August 1, 2015 and August 31, 2015. The fair market value will be determined by the same certified appraiser mutually agreed upon by Option Holder and Owners or chosen by the City of Waterloo pursuant to the terms of a separate Option to Purchase Real Estate. The appraisal shall be completed at the same time as the approval of the adjacent parcel. 4. Manner of Payment of Purchase Price. The entire purchase price shall be paid by Option Holder in cash at Closing. 5. Marketable Title. Within fifteen (15) days after the exercise of this Option, Owners shall deliver to Option Holder an Abstract of Title showing marketable title in Owners. Option Holder shall have fifteen (15) days after receipt of said Abstract of Title for examination of said title and making any objections thereto. If any such objections are made, Owners shall have thirty (30) days after receipt of written notice of the objections to make such title marketable. If Owners are unable to cure any objections within the time permitted herein, Option Holder may, at its election, declare its obligation to purchase the Real Estate null and void, in which event neither party shall be liable for any damages. 1 (b) Title to the Real Estate shall be marketable, and all objections must be cured or provision made for cure at the time of Closing. (c) The City of Waterloo shall have accepted assignment of Option Holder's right to purchase the Real Estate and its City Council shall have adopted a resolution approving its purchase and subsequent exchange of the real estate with L & H Farms, Ltd. If the conditions set forth above are not satisfied to Option Holder's satisfaction within ninety (90) days following the exercise of this Option, then Option Holder may, at its election and in its sole and absolute discretion, terminate its obligation to complete the purchase of the Real Estate, except that Owners shall have the time permitted by Paragraph 5 above to cure any objections to title. If this Option is terminated pursuant to this paragraph, neither party shall be liable for damages. Option Holder may elect to waive one or more of the above conditions, or the parties may agree to extend the time within the which the conditions must be fulfilled. Owners and Option Holders each agree to cooperate in good faith with the fulfillment of the conditions. 7. Documents to be Delivered at Closine. If this Option is exercised, Owners agree, subject to performance by Option Holder, to execute and deliver at Closing to Option Holder, its nominees, assignees, successors or assigns, a Warranty Deed for the Real Estate, with appropriate deed or revenue stamps affixed thereto, conveying marketable title to the Real Estate to Option Holder or its successors or assigns, free and clear of all liens, charges and encumbrances. 8. Closing. Closing shall take place within forty-five (45) days of any exercise of the Option or after all of the conditions and contingencies referred to in Paragraph 7 have either been satisfied or waived by Option Holder in writing, but in any case, not later than December 31, 2015, at a time and place mutually agreeable to Owners and Option Holder. 9. Possession. Owners agree to deliver possession of the Real Estate to Option Holder at Closing. 10. Real Estate Taxes. Real Estate taxes shall be prorated to the date of Closing. 11. Notices. Ail notices and other communications by either party to the other parties shall be in writing and sent by certified mail, return receipt requested, postage prepared, addressed, If to Owners: Cecil Sieglaff and Betty Sieglaff If to Option Holder: L & H Farms, Ltd. 7502 Hammond Avenue Waterloo, Iowa 50701 Either party may provide the other parties with a notice of change of address during the term of this Option Agreement, 2 12. Recording of Memorandum of Agreement. The parties agree to cooperate with the preparation and recording of a written Memorandum of this Option Agreement to be recorded in the Office of the Black Hawk County Recorder. 13. Entire Agreement. This Agreement represents the entire agreement between the parties with respect to the subject matter and supersedes any and all prior negotiations and discussions between the parties. 14. Binding Effect. This Agreement shall be binding upon and inure to the parties and their respective successors and assignees. IN WITNESS WHEREOF, Owners and Option Holder have executed this Option the day and year first above written, intending to be legally bound thereby and warranting authority to execute the same. Buyer: L & H Farms, Ltd. By: Title: Sellers: Cecil Sieglaff Betty Sieglaff 3 tsbas ` Preparer Information: (Name, address and phone number) Mark S. Rolinger, 415 Clay Street, Cedar Falls, IA 50613, Phone: (319) 277-6830 REAL ESTATE CONTRACT - SHORT FORM THE IOWA STATE BAR ASSOCIATION Official Form No. 143 Recorder's Cover Sheet Taxpayer Information: (Name and complete address) Hollis Farms, Inc., 7502 Hammond Avenue, Waterloo, IA 50701 Return Document To: (Name and complete address) Mark S. Rolinger, 415 Clay Street, Cedar Falls, IA 50613, Phone: (319) 277-6830 Grantors: Cecil Sieglaff Betty Sieglaff Grantees: Hollis Farms, Inc. Legal description: See Page 2 Document or instrument number of previously recorded documents: ® The Iowa Slate Bar Association 2013 IOWAOOCS® II THE IOWA STATE BAR ASSOCIATION Mark S. Rohner FOR THE LEGAL EFFECT OF THE USE OF Official Form No. 143 g THIS FORM, CONSULT YOUR LAWYER STA"tk 0` REAL ESTATE CONTRACT ys, $ (SHORT FORM) 'onnoSS� IT IS AGREED between Cecil Sieglaff and Betty Sieglaff, married persons ("Sellers"); and Hollis Farms, Inc., an Iowa corporation ("Buyers"). Sellers agree to sell and Buyers agree to buy real estate in Black Hawk County, Iowa, described as: The South 3/4 of the Southwest Quarter of the Southeast Quarter (S 3/4 SW 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (27.975 tillable acres, more or less). with any easements and appurtenant servient estates, but subject to the following: a. any zoning and other ordinances; b. any covenants of record; c. any easements of record for public utilities, roads and highways; and d. (consider: liens; mineral rights; other easements; interest of others.) (the "Real Estate"), upon the following terms: 1. PRICE. The total purchase price for the Real Estate is Three Hundred Ninety -Five Thousand Eight Hundred Forty -Six and 0/100 Dollars ($ 395,846.00 ) of which One and 0/100 Dollars ($ 1.00 ) has been paid. Buyers shall pay the balance to Sellers at to C. Kevin McCrindle as earnest money, or as directed by Sellers, as follows: Buyers shall pay the balance to Sellers in cash at Closing, which shall occur on or before March 31, 2014. ®The Iowa Slate Bar Association 2013 143 REAL ESTATE - SHORT FORM IOWADOCS® Revised August 2013 2. INTEREST. Buyers shall pay interest from on the unpaid balance, at the rate of percent per annum, payable Buyers shall also pay interest at the rate of 8 percent per annum on all delinquent amounts and any sum reasonably advanced by Sellers to protect their interest in this contract, computed from the date of the delinquency or advance. 3. REAL ESTATE TAXES. Sellers shall pay: general real estate taxes that accrue through the Closing Date, which based on the anticipated Closing Date will be approximately 112 of the installment of general real estate taxes due March 31, 2015 any unpaid real estate taxes payable in prior years. Buyers shall pay all subsequent real estate taxes. Any proration of real estate taxes on the Real Estate shall be based upon such taxes for the year currently payable unless the parties state otherwise. 4. SPECIAL ASSESSMENTS. Sellers shall pay all special assessments which are a lien on the Real Estate as of the date of this contract . All other special assessments shall be paid by Buyers. 5. POSSESSION CLOSING. Sellers shall give Buyers possession of the Real Estate on or before 3/31/14 , provided Buyers are not in default under this contract. Closing shall be on or before 3/31/14 6. INSURANCE. Sellers shall maintain existing insurance upon the Real Estate until the date of possession. Buyers shall accept insurance proceeds instead of Sellers replacing or repairing damaged improvements. After possession and until full payment of the purchase price, Buyers shall keep the improvements on the Real Estate insured against loss by fire, tornado, and extended coverage for a sum not less than 80 percent of full insurable value payable to the Sellers and Buyers as their interests may appear. Buyers shall provide Sellers with evidence of such insurance. 7. ABSTRACT AND TITLE. Sellers, at their expense, shall promptly obtain an abstract of title to the Real Estate continued through the date of this contract and deliver it to Buyers for examination. It shall show merchantable title in Sellers in or conformity with this contract, Iowa law and the Title Standards of the Iowa State Bar Association. The abstract shall become the property of the Buyers when the purchase price is paid in full, however, Buyers reserve the right to occasionally use the abstract prior to full payment of the purchase price. Sellers shall pay the costs of any additional abstracting and title work due to any act or omission of Sellers, including transfers by or the death of Sellers or their assignees. 8. FIXTURES. All property that integrally belongs to or is part of the Real Estate, whether attached or detached, such as light fixtures, shades, rods, blinds, awnings, windows, storm doors, screens, plumbing fixtures, water heaters, water softeners, automatic heating equipment, air conditioning equipment, wall to wall carpeting, built-in items and electrical service cable, outside television towers and antenna, fencing, gates and landscaping shall be considered a part of Real Estate and included in the sale except: (consider: rental items.) 9. CARE OF PROPERTY. Buyers shall take good care of the property; shall keep the buildings and other improvements now or later placed on the Real Estate in good and reasonable repair and shall not injure, destroy or remove the property during the term of this contract. Buyers shall not make any material alteration to the Real Estate without the written consent of the Sellers. 10. DEED. Upon payment of purchase price, Sellers shall convey the Real Estate to Buyers or their assignees, by warranty deed, free and clear of all liens, restrictions, and encumbrances except as provided herein. Any general warranties of title shall extend only to the date of this contract, with special warranties as to acts of Sellers continuing up to time of delivery of the deed. 11. REMEDIES OF THE PARTIES. a. If Buyers (a) fail to make the payments aforesaid, or any part thereof, as same become due; or (b) fail to pay the taxes or special assessments or charges, or any part thereof, levied upon said property, or assessed against it, by any taxing body before any of such items become delinquent; or (c) fail to keep the property insured; or (d) fail to keep it in reasonable repair as herein required; or (e) fail to perform any of the agreements as herein made or required; then Sellers, in addition to any and all other legal and equitable remedies which they may have, at their option, may proceed to forfeit and cancel this contract as provided by law (Chapter 656 Code of Iowa). Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and/or improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract ; and upon completion of such forfeiture, if the Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of lease, and may accordingly be ousted and removed as such as provided by law. b. If Buyers fail to timely perform this contract, Sellers, at their option, may elect to declare the entire balance immediately due and payable after such notice, if any, as may be required by Chapter 654, The Code. Thereafter this contract may be foreclosed in equity and the court may appoint a receiver to take immediate possession of the property and of the revenues and income accruing therefrom and to rent or cultivate the same as the receiver may deem best for the interest of all parties concerned, and such receiver shall be liable to account to Buyers only for the net profits, after application of rents, issues and profits from the costs and expenses of the receivership and foreclosure and upon the contract obligation. It is agreed that if this contract covers less than ten (10) acres of land, and in the event of the foreclosure of this contract and sale of the property by sheriff's sale in such foreclosure proceedings, the time of one year for redemption from said sale provided by the statutes of the State of Iowa shall be reduced to six (6) months provided the Sellers, in such action file an election to waive any deficiency judgment against Buyers which may arise out of the foreclosure proceedings; all to be consistent with the provisions of Chapter 628 of the Iowa Code. If the redemption period is so reduced, for the first three (3) months after sale such right of redemption shall be exclusive to the Buyers, and the time periods in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to four (4) months. It is further agreed that the period of redemption after a foreclosure of this contract shall be reduced to sixty (60) days if all of the three following contingencies develop: (1) The real estate is less than ten (10) acres in size; (2) the Court finds affirmatively that the said real estate has been abandoned by the owners and those persons personally liable under this contract at the time of such foreclosure; and (3) Sellers in such action file an election to waive any deficiency judgment against Buyers or their successor in interest in such action. If the redemption period is so reduced, Buyers or their successors in interest or the owner shall have the exclusive right to redeem for the first thirty (30) days after such sale, and the time provided for redemption by creditors as provided in Sections 628.5, 628.15 and 628.16 of the Iowa Code shall be reduced to forty (40) days. Entry of appearance by pleading or docket entry by or on behalf of Buyers shall be presumption that the property is not abandoned. Any such redemption period shall be consistent with all of the provisions of Chapter 628 of the Iowa Code. This paragraph shall not be construed to limit or otherwise affect any other redemption provisions contained in Chapter 628 of the Iowa Code. Upon completion of such forfeiture Buyers shall have no right of reclamation or compensation for money paid, or improvements made; but such payments and for improvements if any shall be retained and kept by Sellers as compensation for the use of said property, and/or as liquidated damages for breach of this contract; and upon completion of such forfeiture, if Buyers, or any other person or persons shall be in possession of said real estate or any part thereof, such party or parties in possession shall at once peacefully remove therefrom, or failing to do so may be treated as tenants holding over, unlawfully after the expiration of a lease, and may accordingly be ousted and removed as such as provided by law. G. If Sellers fail to timely perform their obligations under this contract, Buyers shall have the right to terminate this contract and have all payments made returned to them. d. Buyers and Sellers are also entitled to utilize any and all other remedies or actions at law or in equity available to them. e. In any action or proceeding relating to this contract the successful party shall be entitled to receive reasonable attorneys fees and costs as permitted by law. 12. JOINT TENANCY IN PROCEEDS AND IN REAL ESTATE. If Sellers, immediately preceding this contract, hold title to the Real Estate in joint tenancy with full right of survivorship, and the joint tenancy is not later destroyed by operation of law or by acts of Sellers, then the proceeds of this sale, and any continuing or recaptured rights of Sellers in the Real Estate, shall belong to Sellers as joint tenants with full right of survivorship and not as tenants in common; and Buyers, in the event of the death of either Seller, agree to pay any balance of the price due Sellers under this contract to the surviving Seller and to accept a deed from the surviving Seller consistent with paragraph 10. 13. JOINDER BY SELLER'S SPOUSE. Seller's spouse, if not a titleholder immediately preceding acceptance of this offer, executes this contract only for the purpose of relinquishing all rights of dower, homestead and distributive shares or in compliance with Section 561.13 of the Iowa Code and agrees to execute the deed for this purpose. 14. TIME IS OF THE ESSENCE. Time is of the essence in this contract. 15. -PERSONAL PROPERTY. If this contract includes the sale of any personal property, Buyers grant the Sellers a security interest in the personal property and Buyers shall execute the necessary financing statements and deliver them to Sellers. 16. CONSTRUCTION. Words and phrases in this contract shall be construed as in the singular or plural number, and as masculine, feminine or neuter gender, according to the context. 17. RELEASE OF RIGHTS. Each of the Seller hereby relinquishes all rights of dower, homestead and distributive share in and to the property and waives all rights of exemption as to any of the property. 18. CERTIFICATION. Buyers and Sellers each certify that they are not acting, directly or indirectly, for or on behalf of any person, group, entity or nation named by any Executive Order or the United States Treasury Department as a terrorist, "Specially Designated National and Blocked Person" or any other banned or blocked person, entity, nation or transaction pursuant to any law, order, rule or regulation that is enforced or administered by the Office of Foreign Assets Control; and are not engaged in this transaction, directly or indirectly on behalf of, any such person, group, entity or nation. Each party hereby agrees to defend, indemnify and hold harmless the other party from and against any and all claims, damages, losses, risks, liabilities and expenses (including attorney's fees and costs) arising from or related to my breach of the foregoing certification. I UNDERSTAND THAT HOMESTEAD PROPERTY IS IN MANY CASES PROTECTED FROM THE CLAIMS OF CREDITORS AND EXEMPT FROM JUDICIAL SALE; AND THAT BY SIGNING THIS CONTRACT, I VOLUNTARILY GIVE UP MY RIGHT TO THIS PROTECTION FOR THIS PROPERTY WITH RESPECT TO CLAIMS BASED UPON THIS CONTRACT. Dated: Dated: Hollis Farms, Inc. BUYERS BUYERS 19. INSPECTION OF PRIVATE SEWAGE DISPOSAL SYSTEM. Delete inappropriate alternatives below. If no deletions are made, the provisions set for the in Paragraph A shall be deemed selected. (a) Seller represents and warrants to Buyer that the Property is not served by a private sewage disposal system, and there are no known private sewage disposal systems on the property. (b) The Property is served by a private scwagc disposal system, or there is a private sewage disposal system on the Property. Seller and Buyer agree to the provision selected in the attached Addendum for Inspection of Private Sewage Disposal System. (c) Seller and Buyer agree that this transaction IS exempt from the time of transfer inspection requirements by reason that 20. ADDITIONAL PROVISIONS. See Addendum. Dated: Cecil Sieglaff Hollis Farms, Inc. Betty Sieglaff SELLERS BUYERS STATE OF IOWA COUNTY OF BLACK HAWK This record was acknowledged before me this day of by Cecil Sieglaff and Betty Sieglaff, married persons Signature of Notary Public STATE OF IOWA COUNTY OF BLACK HAWK This record was acknowledged before me this day of by Blake G. Hollis, President of Hollis Farms, Inc. Signature of Notary Public STATE OF , COUNTY OF This record was acknowledged before me this day of by Signature of Notary Public STATE OF , COUNTY OF This record was acknowledged before me this _ day of by as of Signature of Notary Public STATE OF , COUNTY OF This record was acknowledged before me this day of , by as of Signature of Notary Public Addendum for Inspection of Private Sewage Disposal System Buyer and Seller agree on the following initialed alternative to comply with the time of transfer inspection of private sewage disposal systems: _ There is a private sewage disposal system on this Property which serves the Property. Seller has obtained or shall obtain at Seller's expense within days a certified inspector's report which documents the condition of the private sewage disposal system, that it is of sufficient capacity to serve the Property, that the continued use of the system is permitted, and whether any modifications are required to conform to standards adopted by the Department of Natural Resources. Seller shall attach the inspection report to the Groundwater Hazard Statement to be filed at closing. If Seller receives an unsatisfactory report, the basis of which cannot be resolved between Buyer and Seller within days of delivery of a copy to Buyer, then upon written notice from Buyer to Seller, this agreement shall be null and void and all earnest money paid hereunder shall be returned immediately to Buyer. _ There is a private sewage disposal system on this Property. Weather or other temporary physical conditions prevent the certified inspection of the private sewage disposal system from being conducted. Buyer shall execute a binding acknowledgment with the County Board of Health to conduct a certified inspection of the private sewage disposal system at the earliest practicable time and to be responsible for any required modifications to the private sewage disposal system as identified by the certified inspection. Buyer shall attach a copy of the binding acknowledgment to the Groundwater Hazard Statement to be filed at closing. When the inspection is completed, an amended Groundwater Hazard Statement shall be filed with the certified inspection and shall include the document numbers of both the real estate transfer document and the original Groundwater Hazard Statement Seller agrees at closing to deposit the sum of $ Dollars into escrow with ("Escrow Agent") to reimburse Buyer for expenses incurred for the cost of the inspection and any required modifications to the private disposal system. Escrow Agent shall pay to Buyer, up to the amount held in escrow, amounts for required modifications after any such modifications are completed and upon submission to Escrow Agent of a detailed invoice. If no modifications are required, the entire escrow account shall be returned to Seller. Any funds remaining in the escrow account after any required modifications shall be returned to Seller. Seller shall not be responsible for any cost in excess of the escrow deposit. There is a private sewage disposal system on this Property. The building to which the sewage disposal system is connected will be demolished without being occupied. Buyer shall execute a binding acknowledgement with the county board of health to demolish the building within an agreed upon time period. Buyer shall attach a copy of the binding acknowledgement to the Groundwater Hazard Statement to be filed at closing. There is a private sewage disposal system on this Property. The private sewage disposal system has been installed within the past two years pursuant to permit number Seller: Cecil Sieglaff and Betty Sieglaff, married persons Buyer: Hollis Farms, Inc. Property: S % SW Y SE `/ Section 10-87-14, Black Hawk County, Iowa ADDENDUM 20. Additional Provisions. II A. Buyer shall have the right to assign its interest in this Real Estate Contract to the City of Waterloo, Iowa, for the purpose of facilitating the City of Waterloo's acquisition of the Real Estate and subsequent exchange of the Real Estate with L & H Farms, Ltd., as part of a like -kind exchange under §1031 of the Internal Revenue Code. The assignment and like -kind exchange shall be accomplished at no expense to Sellers. B. This Real Estate Contract is subject to and conditioned upon the City of Waterloo approving the purchase of the Real Estate pursuant to the terms of this Real Estate Contract and its approval of a related Exchange Agreement in which the City of Waterloo will convey the Real Estate to L & H Farms, Ltd. in exchange for other real estate. The City Council's approval must occur on before Monday, October 28, 2013. C. Buyer's obligations in this Real Estate Contract are subject to and conditioned upon Buyer's acquiring Sellers' adjacent property, identified as Parcel A on the site map attached hereto as Exhibit "A" (32.6 tillable acres, more or less) under a separate real estate contract ("Real Estate Contract #1) entered into contemporaneously with this Real Estate Contract. D. This Real Estate Contract is subject to and conditioned upon the City of Waterloo approving the purchase of the real estate described in Real Estate Contract #1 and its approval of a related exchange agreement in which the City of Waterloo will convey the real estate described in Real Estate Contract #1 to L & H Farms, Ltd. in exchange for other real estate. The City Council's approval must occur on or before Monday, October 28, 2013. E. Buyer's obligations in this Real Estate Contract are subject to and conditioned upon Buyer's acquiring Seller's adjacent property (the N % SW'/ SE %) (9.325 tillable acres more or less) under a separate real estate contract (Real Estate Contract #2) entered into contemporaneously with this Real Estate Contract. F. Buyer's obligations in this Real Estate Contract are subject to and conditioned upon Buyer and Sellers entering into the Options to Purchase Real Estate for Buyer's potential acquisition of Parcel C and Parcel Don Exhibit "A" (36.7 tillable acres and 31.5 tillable acres, respectively, more or less), pursuant to the Options to Purchase Real Estate attached hereto as Exhibits "B" and "C" and entered into contemporaneously with this Real Estate Contract. G. If any of the contingencies with regard to this Real Estate Contract or Real Estate Contract #1 or 2 are not satisfied, Buyer shall have the right, but not the obligation, to declare this Real Estate Contract, Real Estate Contract #1, Real Estate Contract #2, and the Options to II Purchase Real Estate null and void, and in the event of such election, the earnest money provided for in this Real Estate Contract, Real Estate Contract #1, Real Estate Contract #2, and any consideration paid by Buyer in exchange for the options in the Options to Purchase Real Estate shall be returned to Buyer. If Buyer fails to provide written notice to Sellers of the election to declare this Real Estate Contract, Real Estate Contract #1, and the Options to Purchase Real Estate null and void on or before October 31, 2013, then Buyer shall be obligated to proceed according to provisions of this Real Estate Contract, Real Estate Contract #1, and Real Estate Contract #2, and the Options to Purchase Real Estate shall remain in effect according to their terms. Buyer: L & H Farms, Ltd. By: Title: Sellers: Cecil Sieglaff Betty Sieglaff EXHIBIT OPTION TO PURCHASE REAL ESTATE THIS AGREEMENT is made and entered into this day of September, 2013, by and between Cecil Sieglaff and Betty Sieglaff, married persons (collectively referred to herein as "Owners") and Hollis Farms, Inc., an Iowa corporation (hereinafter referred to as "Option Holder"). 1. Grant of Option. As consideration for the purchase of the real estate described on Exhibit "A" by Option Holder or its assignee (collectively referred to herein as "Option Holder"), Owners hereby grant and convey to Option Holder an exclusive and irrevocable option to purchase the following described real estate: The Northwest Quarter of the Southeast Quarter (NW 'A SE' 'A) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa (hereinafter referred to as the "Real Estate"). The Real Estate shall include all rights, easements, and appurtenances. This option shall be rendered null and void if Option Holder does not purchase the real estate described in Exhibit "A." 2. Exercise of Option. This option may be exercised by Option Holder at any time after August 1, 2015, and prior to August 31, 2015, by delivery of written notice of the exercise of this option to Owners. 3. Purchase Price. The purchase price for the Real Estate, if this Option is exercised, shall be the fair market value of the Real Estate as of the date Option Holder exercises its option, as determined by a certified appraiser mutually agreed upon by Option Holder and Owners. If the parties are not able to agree on a certified appraiser, a certified appraiser will be selected by a representative of the City of Waterloo. 4. Manner of Payment of Purchase Price. The entire purchase price shall be paid by Option Holder in cash at Closing. 5. Marketable Title. Within fifteen (15) days after the exercise of this Option, Owners shall deliver to Option Holder an Abstract of Title showing marketable title in Owners. Option Holder shall have fifteen (15) days after receipt of said Abstract of Title for examination of said title and making any objections thereto. If any such objections are made, Owners shall have thirty (30) days after receipt of written notice of the objections to make such title marketable. If Owners are unable to cure any objections within the time permitted herein, Option Holder may, at its election, declare its obligation to purchase the Real Estate null and void, in which event neither party shall be liable for any damages. 6. Conditions to Closing. If this Option is exercised, Option Holder's obligation to complete the purchase of the Real Estate shall be subject to the following conditions, all of which must be fulfilled prior to and as a condition of closing: (a) The purchase price shall have been determined by a certified appraiser. 1 (b) Title to the Real Estate shall be marketable, and all objections must be cured or provision made for cure at the time of Closing. (c) The City of Waterloo shall have accepted assignment of Option Holder's right to purchase the Real Estate and its City Council shall have adopted a resolution approving its purchase and subsequent exchange of the real estate with L & H Farms, Ltd. If the conditions set forth above are not satisfied to Option Holder's satisfaction within ninety (90) days following the exercise of this Option, then Option Holder may, at its election and in its sole and absolute discretion, terminate its obligation to complete the purchase of the Real Estate, except that Owners shall have the time permitted by Paragraph 5 above to cure any objections to title. If this Option is terminated pursuant to this paragraph, neither party shall be liable for damages. Option Holder may elect to waive one or more of the above conditions, or the parties may agree to extend the time within the which the conditions must be fulfilled. Owners and Option Holders each agree to cooperate in good faith with the fulfillment of the conditions. 7. Documents to be Delivered at Closing. If this Option is exercised, Owners agree, subject to performance by Option Holder, to execute and deliver at Closing to Option Holder, its nominees, assignees, successors or assigns, a Warranty Deed for the Real Estate, with appropriate deed or revenue stamps affixed thereto, conveying marketable title to the Real Estate to Option Holder or its successors or assigns, free and clear of all liens, charges and encumbrances. 8. Closing. Closing shall take place within forty-five (45) days of any exercise of the Option or after all of the conditions and contingencies referred to in Paragraph 7 have either been satisfied or waived by Option Holder in writing, but in any case, not later than December 31, 2015, at a time and place mutually agreeable to Owners and Option Holder. 9. Possession. Owners agree to deliver possession of the Real Estate to Option Holder at Closing. 10. Real Estate Taxes. Real Estate taxes shall be prorated to the date of Closing. 11. Notices. All notices and other communications by either party to the other parties shall be in writing and sent by certified mail, return receipt requested, postage prepared, addressed, If to Owners: Cecil Sieglaff and Betty Sieglaff If to Option Holder: L & H Farms, Ltd. 7502 Hammond Avenue Waterloo, Iowa 50701 Either party may provide the other parties with a notice of change of address during the term of this Option Agreement. 2 12. Recording of Memorandum of Agreement. The parties agree to cooperate with the preparation and recording of a written Memorandum of this Option Agreement to be recorded in the Office of the Black Hawk County Recorder. 13. Entire Agreement. This Agreement represents the entire agreement between the parties with respect to the subject matter and supersedes any and all prior negotiations and discussions between the parties. 14. Binding Effect. This Agreement shall be binding upon and inure to the parties and their respective successors and assignees. IN WITNESS WHEREOF, Owners and Option Holder have executed this Option the day and year first above written, intending to be legally bound thereby and warranting authority to execute the same. Buyer: L & H Farms, Ltd. By: Title: Sellers: Cecil Sieglaff Betty Sieglaff 3 EXHIBIT "A" The Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (32.6 tillable acres, more or less). AND The Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (37.3 tillable acres, more or less). 4 OPTION TO PURCHASE REAL ESTATE THIS AGREEMENT is made and entered into this day of September, 2013, by and between Cecil Sieglaff and Betty Sieglaff, married persons (collectively referred to herein as "Owners") and Hollis Farms, Inc., an Iowa corporation (hereinafter referred to as "Option Holder"). 1. Grant of Option. As consideration for the purchase of the real estate described on Exhibit "A" by Option Holder or its assignee (collectively referred to herein as "Option Holder"), Owners hereby grant and convey to Option Holder an exclusive and irrevocable option to purchase the following described real estate: The Northeast Quarter of the Southeast Quarter (NE 'A SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the part thereof described in the Plat of Survey recorded as Doc. No. (hereinafter referred to as the "Real Estate"). The Real Estate shall include all rights, easements, and appurtenances. This option shall be rendered null and void if Option Holder does not purchase the real estate described in Exhibit "A." 2. Exercise of Option. This option may be exercised by Option Holder at any time after December 1, 2015, and prior to December 31, 2016, by delivery of written notice of the exercise of this option to Owners. 3. Purchase Price. The purchase price for the Real Estate, if this Option is exercised, shall be the fair market value of the Real Estate as of the date Option Holder exercised its option to purchase adjacent real estate, which will be sometime between August 1, 2015 and August 31, 2015. The fair market value will be determined by the same certified appraiser mutually agreed upon by Option Holder and Owners or chosen by the City of Waterloo pursuant to the terms of a separate Option to Purchase Real Estate. The appraisal shall be completed at the same time as the approval of the adjacent parcel. 4. Manner of Payment of Purchase Price. The entire purchase price shall be paid by Option Holder in cash at Closing. 5. Marketable Title. Within fifteen (15) days after the exercise of this Option, Owners shall deliver to Option Holder an Abstract of Title showing marketable title in Owners. Option Holder shall have fifteen (15) days after receipt of said Abstract of Title for examination of said title and making any objections thereto. If any such objections are made, Owners shall have thirty (30) days after receipt of written notice of the objections to make such title marketable. If Owners are unable to cure any objections within the time permitted herein, Option Holder may, at its election, declare its obligation to purchase the Real Estate null and void, in which event neither party shall be liable for any damages. 1 6. Conditions to Closing. If this Option is exercised, Option Holder's obligation to complete the purchase of the Real Estate shall be subject to the following conditions, all of which must be fulfilled prior to and as a condition of closing: (a) The purchase price shall have been determined by a certified appraiser. (b) Title to the Real Estate shall be marketable, and all objections must be cured or provision made for cure at the time of Closing. (c) The City of Waterloo shall have accepted assignment of Option Holder's right to purchase the Real Estate and its City Council shall have adopted a resolution approving its purchase and subsequent exchange of the real estate with L & H Farms, Ltd. If the conditions set forth above are not satisfied to Option Holder's satisfaction within ninety (90) days following the exercise of this Option, then Option Holder may, at its election and in its sole and absolute discretion, terminate its obligation to complete the purchase of the Real Estate, except that Owners shall have the time permitted by Paragraph 5 above to cure any objections to title. If this Option is terminated pursuant to this paragraph, neither party shall be liable for damages. Option Holder may elect to waive one or more of the above conditions, or the parties may agree to extend the time within the which the conditions must be fulfilled. Owners and Option Holders each agree to cooperate in good faith with the fulfillment of the conditions. 7. Documents to be Delivered at Closing. If this Option is exercised, Owners agree, subject to performance by Option Holder, to execute and deliver at Closing to Option Holder, its nominees, assignees, successors or assigns, a Warranty Deed for the Real Estate, with appropriate deed or revenue stamps affixed thereto, conveying marketable title to the Real Estate to Option Holder or its successors or assigns, free and clear of all liens, charges and encumbrances. 8. Closing. Closing shall take place within forty-five (45) days of any exercise of the Option or after all of the conditions and contingencies referred to in Paragraph 7 have either been satisfied or waived by Option Holder in writing, but in any case, not later than April 30, 2016, at a time and place mutually agreeable to Owners and Option Holder. 9. Possession. Owners agree to deliver possession of the Real Estate to Option Holder at Closing. 10. Real Estate Taxes. Real Estate taxes shall be prorated to the date of Closing. 11. Notices. All notices and other communications by either party to the other parties shall be in writing and sent by certified mail, return receipt requested, postage prepared, addressed, If to Owners: Cecil Sieglaff and Betty Sieglaff 2 If to Option Holder: L & H Farms, Ltd. 7502 Hammond Avenue Waterloo, Iowa 50701 Either party may provide the other parties with a notice of change of address during the term of this Option Agreement. 12. Recording of Memorandum of Agreement. The parties agree to cooperate with the preparation and recording of a written Memorandum of this Option Agreement to be recorded in the Office of the Black Hawk County Recorder. 13. Entire Agreement. This Agreement represents the entire agreement between the parties with respect to the subject matter and supersedes any and all prior negotiations and discussions between the parties. 14. Binding Effect. This Agreement shall be binding upon and inure to the parties and their respective successors and assignees. IN WITNESS WHEREOF, Owners and Option Holder have executed this Option the day and year first above written, intending to be legally bound thereby and warranting authority to execute the same. Buyer: L & H Farms, Ltd. Title: Sellers: Cecil Sieglaff Betty Sieglaff 3 EXHIBIT "A" The Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (32.6 tillable acres, more or fess). AND The Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (37.3 tillable acres, more or less). 4 EXHIBIT "A" The Southeast Quarter of the Southeast Quarter (SE 1/4 SE 1/4) of North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa adjoining public right of way (32.6 tillable acres, more or less). AND UQW1/60 eN-piA)A-84q_ The Southwest Quarter of the Southeast Quarter (SW 1/4 SE 1/4) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (37.3 tillable acres, more or less). 4 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-844 RESOLUTION APPROVING EXCHANGE AGREEMENT WITH L AND H FARMS, LTD. AND ASSIGNMENT OF OFFER TO BUY REAL ESTATE AND ACCEPTANCE AND DIRECTING EXECUTION OF SAID DOCUMENTS BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Exchange Agreement and Assignment of Offer to Buy Real Estate and Acceptance dated October 21, 2013, for the acquisition of property in Black Hawk County for exchange of property in the San Marnan TIF District, in the amount of $461,290.00 for 10.156 acres of land in November, 2013 and $395,846.00 for 8.175 acres of land in March, 2014, plus up to $10,000.00 in closing costs, and an Option Exchange Agreement, legally described as follows: November Acquisition The Southeast Quarter of the Southeast Quarter (SE i SE ;-4-) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (32.6 tillable acres, more or less). AND The Southwest Quarter of the Southeast Quarter (SW k SE k) of Section 10, Township 87 North, Range 14 West of the 5th P.M. in Black Hawk County, Iowa, except the highway and adjoining public right of way (37.3 tillable acres, more or less); by and between L and H Farms, Ltd. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21St day of October, 2013. Ernest G. Clark, Mayor ATTEST: Suzy Shares, CMC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS OOOOOOOO 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 ( 0 Y z WAY MIC3 9 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: October 7, 2013 Prepared: October 2, 2013 Dept. Head Signature: # of Attachments: SUBJECT: A request to set the date of public hearing as October 21, 2013 for a request by BCS Properties, LLC to rezone 1.31 acres from "R -2,C -Z" Conditional Zoning District to "C-2" Commercial District, for the purpose of constructing a new multi -use commercial building, located at 1850 West Ridgeway Avenue Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request to set the date of public hearing as October 21, 2013 for a request by BCS Properties, LLC to rezone 1.31 acres from "R -2,C -Z" Conditional Zoning District to "C-2" Commercial District, for the purpose of constructing a new multi -use commercial building, located at 1850 West Ridgeway Avenue The proposed rezone area consists of 1.31 acres of land and is located along the north side of West Ridgeway Avenue between Highway 63 and West 4th Street. The applicant is requesting to rezone the property for the purpose of making the site suitable and marketable for new commercial development, adjacent to the existing golf course and driving range. The rezone area in question is located directly to the west of land that is already zoned "C-2" Commercial District. It would appear that rezoning the land would be beneficial to the surrounding area, as it will open up additional ground for new commercial development along a heavily traveled corridor. Staff feels this particular location for commercial zoning would be appropriate, as it is directly across the street from professional office development, which appears to be commercial in nature. It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. The proposed rezone would be compatible with the professional office development and commercial development in the area. At the October 1, 2013 Planning, Programming and Zoning meeting, the Commission voted unanimously in favor of the rezone request. Please find attached to this letter a staff report, aerial photo and legal description. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Therefore, staff would request to set the date of public hearing as October 21, 2013 for a request by BCS Properties, LLC to rezone 1.31 acres from "R -2,C -Z" Conditional Zoning District to "C-2" Commercial District, for the purpose of constructing a new multi -use commercial building, located at 1850 West Ridgeway Avenue, and publish the pertinent notice. Expenditure Required: None Source of Funds: None required Policy Issue: Zoning, Land Use, and Economic Development Alternative: Background Information: Legal Description: See attached NA:ta Aric Schroeder, City Planner 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 HISTORY: October 1, 2013 Request to rezone approximately 1.31 acres of land from "R -2",C -Z" Conditional Zoning District to "C-2" Commercial District BCS Properties, LLC, 812 Washington Street, Waterloo, IA 50702 The applicant is requesting to rezone property at 1850 West Ridgeway Avenue for the purpose of promoting additional retail development in the location. It would not appear that the rezone would have a negative impact upon the surrounding area or other surrounding land uses. Land directly to the east of the property in question is already zoned "C-2" Commercial District for the exiting clubhouse for the golf range, as well as for the business located at 1844 West Ridgeway Avenue. The proposed rezone would be compatible with the professional office development and commercial development in the area. The proposed rezone is located along the north side of West Ridgeway Avenue between Highway 63 and West 4th Street. West Ridgeway Avenue and West Len Street are classified as Minor Arterials, and Highway 63 is classified as a Principal Arterial. The Sergeant Road Recreational Trail is located approximately 1/4 of a mile to the west along the west side of Highway 63. There is also a recreational trail that runs along the south side of West Ridgeway Avenue between Highway 63 and West 4th Street. The rezone area in question is zoned "R -2,C -Z" Conditional Zoning and has been zoned as such since November 8, 1993. The land was rezoned to the Conditional Zoning District to allow for the establishment of a new golf course upon the site, as allowance of the commercial golf course was not permissible in an "A-1" Agricultural District, or an "R" District. Surrounding land uses and their zoning are as follows: North — Existing golf course, zoned "R -2,C -Z" Conditional Zoning District, and one and two family residences along Jane Street, zoned "R-2" One and Two Family Residence District. South —United Medical Park, zoned "R -4,C -Z" Conditional Zoning District. East — Existing commercial development, zoned "C-2" Commercial District. West — Vacant development ground, zoned "A-1" Agricultural District. The surrounding area is mostly comprised of professional office and some commercial development. United Medical Park was developed in the late 1990s until up to today. Waterloo Memorial Park Cemetery is located at the northwest intersection of West Ridgeway Avenue and West 4th Street. The area including the golf course and the commercial building next to the golf course was developed in the 1980s and 1990s. 10.1.13 — 1850 W Ridgeway — R2CZ to C2 Page 1 of 3 8 BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: October 1, 2013 Rezoning of the land in question would require that an appropriate buffer is installed when the site is developed for commercial use, as it will be abutting land that is zoned "R -2,C -Z". The Zoning Ordinance requires that all "C" Districts which abut any "R-1 or R-2" District shall be buffered as required. As the land is developed for commercial uses, it will be necessary to submit a landscaping plan that adheres to the landscaping provisions as set forth in the Zoning Ordinance. Rezoning of the land would not appear to have a negative impact upon drainage in the surrounding area. It will be necessary to submit a storm water detention plan when the site is developed for commercial uses. A small portion of a piece of the property that the rezone area is located upon is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0282F, dated July 18, 2011. Katoski Greenbelt is located approximately a1/2 mile to the west along Black Hawk Creek. There are no other parks or schools within the nearby area. There is 4" drain tiles located within West Ridgeway Avenue, along with a 10" sanitary sewer to the south of the site in question. There are multiple culverts located near the rezone area. The Future Land Use Map designates this area as Business Park, Professional Offices, Commercial, and Compatible Light Industrial. The rezone request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. The site is located within the Primary Growth Area. The proposed rezone area consists of 1.31 acres of land and is located along the north side of West Ridgeway Avenue between Highway 63 and West 4th Street. The applicant is requesting to rezone the property for the purpose of making the site suitable and marketable for new commercial development, adjacent to the existing golf course and driving range. The rezone area in question is located directly to the west of land that is already zoned "C-2" Commercial District. It would appear that rezoning the land would be beneficial to the surrounding area, as it will open up additional ground for new commercial development along a heavily traveled corridor. Staff feels this particular location for commercial zoning would be appropriate, as it is directly across the street from professional office development, which appears to be commercial in nature. As the site is developed, it would appear that the commercial development would blend well with the existing development in the area, 10.1.13 —1850 W Ridgeway — R2CZ to C2 Page 2 of 3 9 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: October 1, 2013 There is no platting required as a part of this request. Therefore, staff recommends that the request to rezone from "R -2,C - Z" Conditional Zoning District to "C-2" Commercial District be approved for the following reasons: 1. The site in question would appear to provide sufficient space to meet all required regulations including setbacks, drainage, landscaping, screening, etc. 2. It would not appear that rezoning the land to "C-2" Commercial District would have a negative impact upon the surrounding area, as rezoning of the land would appear to fit the character of the surrounding area that is primarily professional office and commercial. 3. The rezone area is in compliance with the Comprehensive Plan and Future Land Use Map for this area, which designated it as Business Park, Professional Offices, Commercial, and Compatible Light Industrial, and is located within the primary growth area. 10.1.13 —1850 W Ridgeway — R2CZ to C2 Page 3 of 3 10 City of Waterloo Planning, Programming and Zoning Commission October 1, 2013; Swim minim ■.ar R-3, R -P West of a85o W Ridgeway Ave Rezone R-2, C -Z to C-2 BCS Properties, LLC 11 City of Waterloo Planning, Programming and Zoning Commission October 1, 2013 W Ridgeway Ave West of 185o W Ridgeway Ave Rezone R-2, C -Z to C -z BCS Properties, LLC 12 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING COMMISSION WATERLOO, IOWA 319.291.4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): Address: 812 Washington::St. Phone: (319) 291-7321 Fax: City: Waterloo State: IA Zip: 50702 b. Status of applicant (a) Owner x (b) Other (CHECK ONE); If-fother explain: ., c. Property owner's name if different than above (please print): Address: Phone: City: State: Fax: Zip: 2, PROPERTY INFORMATION: a. General location of property to be rezoned; Sergeant Road N$ Corner, W. Ridgeway Avemme and b. Legal description of property to be rezoned: See Attached a. Dimensions of Proposed Zoning Boundary (Excluding Right of Way): 275' x 176' d. Area of Proposed Zoning Boundary (Excluding Right of Way): 1.31 Acres e. Current zoning: 12=2 , C—Z Requested zoning: C-2 f. Reson(s) for rezoning and proposed iie.(s) of property: Commercial Building g. Conditions (if any) agreed to: h. Other pertinent infomiation (use reverse side if necessary): Dimensions based upon survey of Parcel "A", Mtec. BK. 276, Page 832. Please Note: If applicant is not the owner of the property, the signature of the owner must be secured. If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting process (separate from rezone request). The filing fee of $300 + $10 per acre ($750 max) (payable to the City of Waterloo) is required (round amount down to nearest $10 increment). This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law, Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that all information on this request and submitted along with it is true and correct All information submitted willsed by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City a,' iI in ,,:./their decision. The undersigned authoy% City Zo,':.�Ifficials to enter the property inqu=-ti.,inre;: ,: the request :fr off 13 Rezone Legal Description: From R2, CZ to C2 That part of the Southwest Quarter (SW 1/4) of Section Thirty-three (33), Township Eighty-nine North (T89N), Range Thirteen West (RI3W) of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Beginning at the South Quarter corner of aforesaid Section Thirty-three (33); thence N90°00'00"W Six Hundred Ninety-six and Thirty-one Hundredths (696.31) feet along the South line of aforesaid Southwest Quarter (SW 1/4) to the Southerly extension of the East line of Parcel "A", Misc. Book 296, Page 832 in the Black Hawk County Recorder's Office and to the point of beginning; thence N01 °40'30"W Three Hundred Twenty-five (325.00) feet along said. Southerly extension, and along said East line; thence N90°00'00"W One Hundred Seventy-six (176.00) feet along a line parallel to the aforesaid South Iine to the East line of Parcel "I", Misc. Book 332, Page 723, aforesaid Recorder's Office; thence S01°40'30"E Three Hundred Twenty-five (325.00) feet along said East line of Parcel "I", and along the Southerly extension thereof, to aforesaid South line; thence N90°00'00"E One Hundred Seventy-six (176.00) feet along said South line to the point of beginning containing 1.31 Acres. 14 Request to Rezone Property From R-2, C -Z to C-2 W of 1850 W Ridgeway Ave Looking across W Ridgeway Avenue looking at the area proposed to be rezoned for the new commercial development. Looking at the existing building on the property (on the left). That building will be demolished for the new commercial development. 15 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5183 AN ORDINANCE AMENDING ORDINANCE NO. 5079, AS AMENDED, CITY OF WATERLOO ZONING ORDINANCE, BY AMENDING THE OFFICIAL ZONING MAP REFERRED TO IN SECTION 10-4-4, REZONING CERTAIN PROPERTY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That the Official Zoning Map referred to in Section 10-4-4, Rezoning Certain Property, of Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, be amended to rezone the property legally described as follows: That part of the Southwest Quarter (SW a) of Section Thirty-three (33), Township Eighty-nine North (T89N), Range Thirteen West (R13W) of the Fifth Principal Meridian, City of Waterloo, Black Hawk County, Iowa, more particularly described as follows: Beginning at the South Quarter corner of aforesaid Section Thirty-three (33); thence N90°00'00"W Six Hundred Ninety-six and Thirty-one Hundredths (696.31) feet along the South line of aforesaid Southwest Quarter (SW 4) to the Southerly extension of the East line of Parcel "A", Misc. Book 296, Page 832 in the Black Hawk County Recorder's Office and to the point of beginning; thence NO1°40'30"W Three Hundred Twenty-five (325.00) feet along said Southerly extension, and along said East line; thence N90°00'00"W One Hundred Seventy- six (176.00) feet along a line parallel to the aforesaid South line to the East line of Parcel "J", Misc. Book 332, Page 723, aforesaid Recorder's Office; thence S01°40'30"E Three Hundred Twenty-five (325.00) feet along said East line of Parcel "J", and along the Southerly extension thereof, to aforesaid South line; thence N90°00'00"E One Hundred Seventy-six (176.00) feet along said South line to the point of beginning containing 1.31 Acres; now zoned on the Official Zoning Map of Waterloo, Iowa, approximately 1.31 acres of land located at 1850 West Ridgeway Avenue, as "R -2,C -Z" Conditional Zoning District, be and the same is hereby zoned as "C-2" Commercial District as above described. Section 2. That the City Clerk be, and she is hereby directed to file a certified copy of this Ordinance with the Recorder of Black Hawk County, Iowa. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: October 21, 2013 October 21, 2013 October 21, 2013 October 21, 2013 Ordinance No. 5183 Page 2 PASSED AND ADOPTED this 21St day of October, 2013. nest G. Clark, Mayor ATTEST: Suzy Sch:res, CMC City Cl. k CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5183 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 21st day of October, 2013. Witness my hand and seal of office this 21st day of October, 2013. SEAL LCa •zy Scfa es, CMC City Cler STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1429674 ORDINANCE NO. 5183 AN ORDINANCE AME notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/18/2014, in the issues of 02/18/2014 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 $25.68 Subscribed and sworn to before me this c1 day of RIOTL InJ, Notar Public Received of the sum of in full for publication of Notary Seal: I••AI•LJoDI E MCKINSTR' COMMISSION NO.782413 •• ll ll • MY�',Sel9 arcs Dollars the above invoice. COURIER ORDNANCE NO.5133 ANORDINANCE:AMENDING ORDII NANCE NOE, 5379, AS AMENDED; CITY NANCE BYAMONDNGTHEOF CIAL II ZONING MAP REFERRED TO IN SEC -:I TION 10-4-4, REZONING CERTAIN\I BE IIT ORDAINED RY THE CITY COUN CIL OF THE CITY OF WATERLOO. IOWA. Section 1 That the Official Zoning Map: referred to in Section 10 4 4, Rezoning Cerlafn Property, of Ordinance No 5079,,1 as amended,City of Waterloo Zoning'.I Ordinance, be amended to rezone the ) Thatpart of the Southwest Ouaders(SW' That p sa) of Section Thirty-three 9N ), Town ship Eghly sine North f the F, Range cipaln Weal(Ri3W) Wtheloo, Blac cteeal County. Iowa , more n rt, Black Hawk Cd t lows: particularly described as tollows Beginning attheSouth Qua[ter comer of h (33) aforesaid Section Thirty t ree:: thence N90'Oo'AO W Slx Hundred Ninety -SIX and Thirty-one Hundredths (696.31) feet along the South line of aforesaid Southwest Quarter (SW;Y) to the Soufherl?' ¢%lemon of the East ime`:� of Parcel'A', Mise. Rook 298 Page832: in the Black Hawk County Recorder s Office all nd to the point of beginning• thence N01'4o'SO'W Three Hundred � Twenty-five (325,00) feet along said Southerly extension, and along said' East line, thence N90 00'003:1)01000 ne Hundred Seventy-six (178.00) f a Zine parallel to the aforesaid South Ime io the East line'of Parcel' J , Misc, Book 31s; 32, Page 723. aforesaid Recorders Of- fice; thence S01 4030 E Three Hundred 1 Twenty -live (325,00) teat along said East line of Parcel's , and along the'.. Southerly extension thereof, to aforesaid: South fine: thence N90'o0'00 € One Hundred Srventy Six(176.00) feel along'.. said South One to the paint of beginning containing 1.31 Acres; Waterloo, fo as epproz mately 1P31 n d acres of lantl locate dR 2 C 50 Wed (Ridgeway Avenue, tional Zoning District be and the same is. hereby zoneda"C2 Commercial Dis incl as above described. Section 2. That the City Clerk be and she Is hereby directed to ills a cenilied copy of this Ordinance with then ecorder of Black Hawk County, Iowa INTRODUCEpr October 2l 2013: PASSED 1st CONSIDERATION - October 21, 2013.1 PASSED 2nd CONSIDERATION' October 21, 2013 PASSED 3rd CONSIDERATION October21, 2013.. PASSED AND ADOPTED this 21 sl day of October 2013 Ernest 6. Clark Mayor ATTEST. Suzy Schares,,ICMC City Clark RESOLUTION NO. 2013-845 USED INADVERTENTLY Mayor BUCK CLARK COUNCIL MEMBERS 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 rrY WATE LO , C W `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: October 7 Prepared: October 1, 2013 Dept. Head Signature: # of Attachments: SUBJECT: Request to set the date of public hearing as October 21, 2013 for the adoption of the Fiscal Year 2014-2018 Capital Improvements Program for the City of Waterloo. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set a date of hearing for adoption of the plan. Summary Statement: Transmitted herewith is the Capital Improvements Program for Fiscal Year 2014-2018. Please see the attached document. The Capital Improvements Plan details the City of Waterloo's priority capital expenditures for a five-year period. It is updated annually to re-establish top priority projects as needs may change in the community, but while staying cognizant of the larger, multi-year planning methods for larger projects, overall infrastructure needs, and based on the growth of the community. The overall priority for the 2014-2018 centered around many city projects and needs, with an emphasis on water -related activities: flood protection, sewer- improvements, ewerimprovements, drainage way improvements, etc. At their regular monthly meeting on August 6, 2013 the Planning, Programming and Zoning Commission received and placed on file the Capital Improvements Program for 2014-2018. Expenditure Required: None Source of Funds: None required Policy Issue: Long term and short term planning for improvements Alternative: N/A CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 2014-2018 CIP Final Version.xls Requested G.O. Bonds FY 2014-2018 Waste Management - Sewer Bonds .�1i7's: cW .ti'3 I i ,, r` ir1`1 9GRAND,T,OTiYL' Public Library Sign and Traffic 1 -. .. a'0 11u ;y', TotaPG011Deb llequ'ested Cultural and Arts Center - -- Engineering Financing Costs Fire Rescue Information Services Leisure Services ,Police Community Planning and Development n y e a v 5 City Facility Management Public Works Capital Equipment and Vehicles Building Inspections , fl O `_ = eC o ci- k .- to.- a, o o. o 0 0 0:0 0o o o co o' W O. '4 00 o o 0 o o o W A a in o, N U 'o lA O O O U v U 0000000 0 o 0 0 o o o 0 0 0 o 0 0 o 885,0001 0 o lA 0 o 0 755,0001 '0 N 0 O 0 0 02 FC A V+ ,99! w Un t - N '0. O CO 0 G 0 UIO G 0 a 7O (n . . NO U 00 w '0 o U O �0 0 0 227,000 4,192,000 125,000 67,000 505,000 1,807,000 426,950 U -1 U A O 0 0 0 ..... 0 A 01 O 0 0 W O O o 0 0 e N O 0 0 0 1. p: O C. O 0' P A A" O O o 0 O 0 O co' O O co !n a N O N o A 0 0 O' O co O co 70,000' 2,222,000 84,000 27,000 485,000 960,000 138,000 N N U N '1 0 0 O O co co co co, O co o 0 O co O 1 540,0001 O o .j C p, :ry o7. 0- 'T C' y' co -4 0 1' T O O 0 0 0 0 0 0 0 0 0 0 Ol O 0 0 0 0 0 0 0 0 DHy N to 0 0 0 o N to t^ 0 o 0 o 0' O o O O o o 0 0! 70,000'. 0 0 O O o-- p a y' c //a�rrri//ryrl�� armor rrrrr arrrr/ aoo to O '0 0 'o o o o o o oC ' '0 J o.o 0 o o 0 0 940,000 602,500 480,000'.. 0 635,000 80,000 3,957,000 125,000 790,000 50,000 870,000 242,500 0 o hi T' t^., =: '..?1.r 4., lN.l. W r, F+O +1: 0 O. co o_ o ti' q w 1-+ N -1 o co. 0 0 0 0 r r - UG.G. NNco to w O u, co N W A'n D o A O D U tU o U oYT J 0 0 0 O. 0 0 0 O O O 0 0 0 0 0 0 0 0 O O O 0 o O o 0 0 0 0 0 0 0 0 0 0 ,o1 N^ :. co aw M- A 0 O, O b' 0 A' O 0)0 o co .1 Oa o A TO O A 00 838,000 845,000 870,000 01 1,130,000'. 70,000'. 1,835,000. 125,000 535,000 150,000 940,000 353,000 K :1-1 U a . tJ. 0_- "/ ./. %rr /rel%r/i%�% St/ "144,1/ "144 ,` 6,000,000 A3;7,941000 ... _ w A N O o O O 0 0 0 955,0001 402,500 ' 430,000' 0 735,000 95,000 3,492,000 125,000 145,000 50,000 910,000 222,500 0 0, "i q Y JJ n yy 'O 1-1- "=.1 U - NO N -.o ri O 0'. O O; O N" N co U,a Ia O 0 0 co co O 1,140,000 400,000 680,000 0 1,035,0001 125,0001 5,825,0001 125,000 450,000 105,000 1,379,000 292,100 O O ' K ' q^ ="-o ..' a 0 0. to ;I- 1:'• w;o o- o o!o 0 742,000 " 8;036;000 705,000 680,000 680,000 0 1,035,0001 70,000! 2,100,000! 125,000 555,000 105,000 984,000 255,000 o0,-. H., P, a a' f. 0- ty a, /0,, /�/de irrrr� rret7/Siiara✓r Requested G.O. Bonds FY 2014-2018 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-846 RESOLUTION APPROVING FISCAL YEAR 2014-2018 CAPITAL IMPROVEMENTS PROGRAM FOR THE CITY OF WATERLOO, IOWA. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the attached Fiscal Year 2014-2018 Capital Improvements Program for the City of Waterloo, Iowa, be and the same is hereby approved. PASSED AND ADOPTED this 21st day of October, 2013. Ernest . Clark, Zr ATTEST: Suzy Sch:res, CMC City Cle k -aA lead did BLOZ-17IL0Z 0 00 Requested G.O. Bonds FY 2014-2018 Waste Management - Sewer Bonds D,:T,01Wi `l pa;sanb5Ma9a,Q,y!.O'OIPP ormuTmit? nA! 5� -- - ,.. aa!Iod RnMA roc omTTrr b m n PP( s;s00 SmOUBurg Rm too.nnn.r 1 a� aro 0- U a -0 9 w - �v y c `-. D. C ? 0 to v 0 L. GO V. 6' o 0. 0 o: o 0:0 0'0 0 237,000 ,8;500;000, 1,040,000 245,000 0 0 0 0 0 0 U o 00 0 0 W 10 N U 000 0 0 0 0 to O 0 0 m b 0 0 0 755,000 665,000 10 10 0 0 0 0 14 14 p -- irii w n <..1 4 I.1 U N IJ 10. 0 .00 0 bf o UI O a'0 so o ko N 00 co b. o Ui O 0 0 .- A w to O o\-4U-iU \O O U O 0 0 OO U co O O U O O 0 A .- to to N O O 0 O 0 0 10 10 --)A o 0 O In J U 0 0 O 0 V 10 P O UOh1 c o 0 O 0 0 r+ :- <O o O 0 0 0 K' H' 'P"'. Yp 1 .a U.- C. d _ 4,000,000 .r:.I2 400 000. oN o a. 0 0 0'0 g 0 W 0 oto 000 0 0 0 0 0 w 0 0 L 27,000 2,222,000 84,000 -.1N 0 0 0 o 0 0 40a 0 0 000 o o 0 0 0 O 0 0 0, 14 1C-1 v .., C, �. ' ,. o: 0 0 c 0 a 0 0 o 0 0 0 0 0 0 0 0 o O b. 0 0 0 o 0 0 0 0 0 0.'3 y to U N o- 0.0 co U IA 0 o 0.000000 r co U 0 0 0 000 0 70,000 00=y" gl o sc o- /// / 4/24/7 /x0 A/: /7AAA A`. Ot b. O 01 0 v. O 'o 'o 00 0 o 870,000'.. 242,5001 0 197,000 1(8:969:000 Ur Cl. 0 0 J 1010 0 0 0 to r t0 U U -1 0 0 0 0 635,000 80,000 602,500 480,000 t0 A o o 0 0 00': - .1 V IA _ Kr 4'+ W �. n N tJ 0 F+ A F+ U -' O .'40 a0 0 0 M a .-. .-, o; IJ W Cr) Lo IJ o r N O A J o --4 O 0.0 00000000 o 0 0 0 a r . U o O 0 J r-- N O 0 U i-- J co U O O 0 0 .-� N t0 U o O O 0 0 0 r-- J V A' O U o O 00 0 0 .-. W 10 o O 0 0 0 0. 1.1 't 14 1+ �^ .. a': C. 0 A�0 tO O t0 a 70 - 0 .11:W 'O O io o 0 o 150,000, 940,000'. 353,0001 0' 403,000' fc)arn00 W D o O o 1J U4 U U 0 0 O O o 0 QUO -OL 000`0£I'I 0 -J co 0 U O O a O 0 0 la co O O 0 0 0 Y' Uj _:. ..- C. O: C. p, . iii�airra �i��rii� / V. 3r , J, O �' O co A' O 0 0- 0.O 0 0 . I W to co N -- U A N N O O O.O U 0 0 00 0 00 0 0 0 0 0 0 A D 0 0 0 A Co t0 to U N O O 0 0 0 o - W tJ U U O O 0 0 0 0 0 a a' O 1 O IJ t O U i 00 0 0 t UVU SSe 0 0 _:- y q_' (!! r W q F a� U N O 01 0 Dr tf. O Il 0 O 01 0 0 v ,-- 10 U b J 0 t t0 N to U< O a O O C OO O O O O Oa O 0 O< 5,825,000 125,000 act) nnn r W UU 0 0 0 0 0 O co .. m O 000 O O 0 0 O o A tC O 0 o o O� 6ck Q' t a :: K ... r 2•!:,- a'Ot 'O o -O o .01 o 'OC [o,0 G O O o f N to a A U o O 0A A U 00 000000 0000000 N U .- U N o- U U O( < o 0C 000 VL 000'5E0'1 0 q0 OD o o 0 00 00000 0 O F O L: x:0- r'.C: ti. o= a. Requested G.O. Bonds FY 2014-2018 2014-2018 CIP Final Version.xls CD N Requested G.O. Bonds FY 2014.2018 'Clerks Department --- rty Facility Management 1_ 'Public Works 'Capital Equipment and Vehicles _ [Building Inspections �- 1±, Waste Management - Sewer Bonds Sign and Traffic 'Public Library - Leisure Services Police 'Information Services o C n 'Financing Costs Community Planning and Development Cultural and Arts Center Engineering O sof! O0 0O 234,000 r A,022{000, 00 870,000 222,500 to O o 0 0 70,000 to O 0 00000 t0 w M to to ' o O O 0 0 0 000'059. • 005'ZSZ 000'096 • 0 0�`.: j. ri o CO 0 O O. jOC Pot iu S0 'CO 0 a'O O 1,477,000 287,980 o o O 0 O 1 930,000 NN o OOOO 0 0 rn Oo u 0 0 0 0 0 0 0 -N .- v.- ta N 0SO OOO 0 0 0 0 0 0 0 0 (' A.1-.0.,o.Chvi !C ,j" _-C 7 t,`q d t'' Ot o.o (n O O.O CD 0 'O 0 W o tto N J 0 0 0 0 0 0 0 w'o O 0 0 0 0 0 0 o co 0 0 0 910,000 N co 0 0 0 to .0p' a-aoot co O O 0 0 0 0 0 0 0 CO 0 0 oo Utn U to O 0 0 0 0 0 0 0 0 0 0 0 Kb'. j -pry ,,': 0: O O 0 0 0 O 0 O O O O 0 O O 0 O co 0 O Y_: m- l'" (4 0 \ W W q" ttn C\' 0 Vi o a o 'o 0 _ AG m A ;OT 0 :Vi O 0 0 0 0 o b~ ON La l0 0 0 o O o o to 0 0 0 P- co 0 0 0 N to 0 0 0 01 965,000': 125,000 4,725,000 — Co J� to to O O O O o o o o 0 0 0 0 ."Y. i-. Po, ... p'. A: ^. p, uCr, )o o to o CO O O "o ':O' O o o 240,000 e7;928;000 o 865,0001 343,000 .-- O to O O 0 ..• `- t o O O 0 N N o O 0 to -• a La Jto 0 0 0 o O o O O O 0 0 0 0 -i o. -0 J to In to O o O O O O 0 0 0 0 0 h7a "a:. �� 0" o <' G ,_ Requested G.O. Bonds FY 2014.2018 CITY OF WATERLOO Council Communication City Council Meeting: October 14, 2013 Prepared: October 21, 2013 Signature: Daniel Trelka # of Attachments: SUBJECT: Resolution to Accept the Federal Violence Against Women Act Contract, CFDA #16.588 for Grant Funding for the Domestic Abuse Response Team (DART) through the Victim Services Support (VSS) Program administered by the Iowa Attorney General's Crime Victim Assistance Division Submitted by: Daniel J. Trelka, Director of Safety Services Recommended City Council Action: Council approval of a Resolution to accept Contract No. VW -14 -92 -CJ between the Crime Victim Assistance Division of the Iowa Department of Justice and the Waterloo Police Department for funding of the Domestic Abuse Response Team (DART) for the period July 1, 2013 -June 30, 2014. Summary Statement: This grant will be applied towards funding the Waterloo Police Department Domestic Abuse Response Team (DART) program, providing salary and benefits for one full-time DART investigator. The purpose of this grant is to provide immediate support, perpetrator accountability and ongoing system advocacy for victims of domestic violence and their children. Expenditure Required: The grant award is in the amount of $36,180 with a City match in the amount of $12,060. Source of Funds: N/A Policy Issues: N/A Alternative: N/A Background Information: The Waterloo Police Department has secured grant funding under this program for the past several years. THOMAS .1. MILLER ATTORNEY GENERAL 3 AUG aj'.,'� JANELLEMELOHN• ,p - DIVISION DIRECTOR 1 I. '-ottiartinnit of 3lu5ttre CRIME VICTIM ASSISTANCE DIVISION LUCAS BUILDING, GROUND FLOOR 321 E. 12Th STREET DES MOINES, IA 50319 PHONE: 515.281.5044 800.373.5044 FM: 515.281.8199 Program Name and Address: Waterloo Police Department 715 Mulberry St. Waterloo, Iowa 50703 Contract Number: VW -14 -92 -CJ Contract Period: July 1, 2013 — June 30, 2014 Award Amount: $36,180 Match Amount: $12,060 FEDERAL VIOLENCE AGAINST WOMEN ACT CONTRACT CFDA # 16.588 THIS CONTRACT is made and entered into between the Crime Victim Assistance Division of the Iowa Department of Justice (the "Department"), and the Waterloo Police Department (the "Program") in Waterloo, Iowa. NOW, THEREFORE, in consideration of the mutual agreements contained herein, the Department and the Program agree as follows: 1. CONTRACT NUMBER: VW -14 -92 -CJ 2. CONTRACT PERIOD: The term of this Contract is for a period of twelve months, which will commence on July 1, 2013 through June 30, 2014, inclusive. 3. AWARD: The Department agrees to provide funds to the Program in the amount of $36,180 and the Program agrees to match this amount with $12,060 for goods or services provided in acceptable performance of this agreement. The Department will not reimburse the Program for construction of buildings or the purchase of buildings or land. 4. COMPLIANCE: The Program agrees to comply with all policies of the Department and certifies that it meets all the requirements of the Violent Violence Against Women Act (VAWA) of 2005 as amended (Public Law 110-162) with any updates to the VAWA; 42 U.S.C. 3796gg to gg-5, as amended; Public Law 106-386, 28 Code of Federal Regulations Section 66.34; Federal Funding Accountability and Transparency Act of 2006, Public Law 109-282, the Department rules as contained in the Iowa Administrative Code; 61 IAC chapter 9, section 9.50 through 9.65, and the policies of the Department. All equipment purchases with the funding outlined in this contract must be approved by the Department. 5. SERVICES: The Program agrees to provide the approved services described in its application for funding. This agreement does not constitute a contract of employment for any employee or subcontractor of the Program. 6. ITEMIZED CLAIMS: The Department agrees to make payment in compliance with the projected budget submitted with the Program's application, or a budget revision approved by the Department. The Program shall utilize the Department's Claim Voucher forms and provide detailed documentation to support the payment of each claim. Such detailed documentation shall include, but is not limited to receipts, invoices, statements, payroll documentation and match documentation if applicable. The Program shall submit to the Department the completed Department's Claim Voucher form and the detailed documentation supporting each claim on either a monthly or quarterly basis. 7. ADJUSTMENTS: The Department shall administer the funds for this contract contingent upon their availability. The Department will disburse funds only as they are available. This contract may be adjusted to reflect changes in the amount of the available funds. 8. ADMINISTRATION: The Department shall monitor the services and operation of the Program for compliance with this contract. The Department shall have immediate access to records pertaining to the contract during working hours with or without notice. The Program shall retain all financial records, supporting documents, statistical records and all other records pertinent to the fund, for at least three years following the closure of the most recent audit report. 9. TERMINATION: 9.1. Termination on notice by the Department. Following 30 days' written notice, the Department may terminate this contract for convenience without the payment of any penalty or incurring any further obligation to the non -terminating party. Following termination upon notice, the Department will pay the Program, upon submission of invoices and proper proof of claim, for services provided under this contract up to and including the date of termination, minus any funds owed the Department. 9.2. Termination for cause by the Department. The Department may declare the Program to be in default of its obligations under this contract when any of the following events occurs: 9.2.A. The Program fails to observe and perform any covenant, condition or obligation created by the contract; 9.2.B. The Program fails to make substantial and timely progress toward performance of the contract; or 9.2.C. The Program's work product and services fail to conform with the requirements of this contract. 9.3. Notice of default. If there is a default event that the Program can cure, the Department must provide written notice to the Program requesting that the breach or noncompliance be immediately remedied. If the breach or noncompliance continues 10 days beyond the date of the written notice, the Department may: 9.3.A. Immediately terminate the contract without additional written notice; or 9.3.B. Enforce the terms and conditions of the contract and seek any legal or equitable remedies. In either event, the Department may seek damages due to the breach or failure to comply with the terms of the contract. 9.4. Termination by the Department due to lack of funds or change in law. Despite anything in this contract to the contrary, and subject to the limitations, conditions, and procedures set forth below, the Department may terminate this contract without penalty by giving 60 days' written notice to the Program if any of the following occurs: 9.4.A. The legislature or governor fails to appropriate funds sufficient to allow Judicial to operate as required and to fulfill its obligations under this contract; 9.4.B. If funds are de -appropriated or not allocated; 9.4.C. If the federal government reduces or eliminates the federal grant; 9.4.D. If the Department's authorization to operate is withdrawn or there a material alteration in the programs administered by the Department; or 9.4.E. If the Department's duties are substantially modified. 9.5. The Program's remedies if the Department terminates the contract due to lack of funds or change in law. If the Department terminates this contract due to lack of funds or change in law as provided above, the Program's exclusive, sole, and complete remedy is the payment for services completed prior to and including the date of termination. 9.6. The Program's duties on termination. When the Program receives the Department's notice of termination for any reason allowed under this contract, the Program must: 9.6.A. Cease all work under this contract except any work that the Department directs the Program to perform; and 9.6.B. Comply with the Department's instructions for the timely transfer of any active files and related work product. 9.7. Termination on notice by the Program. Following 30 days' written notice, the Program may terminate this contract for convenience without the payment of any penalty or incurring any further obligation to the non -terminating party. Following termination upon notice, the Department will pay the Program, upon submission of invoices and proper proof of claim, for services provided under this contract up to and including the date of termination, minus any funds owed the Department. 9.8. Set off. Should the Department obtain a money judgment against the Program because of a default under this contract, the Program consents to such judgment being set off from moneys owed the Program by the State of Iowa or any other agency of the State of Iowa under any other contract. 10. INDEMNIFICATION: The Program agrees to defend, indemnify and hold the State of Iowa, Department, and the Attorney General's Office harmless from any or all liabilities. 10.1 Any Violation of this Agreement by the Program, or 10.1 Any negligent acts or omissions of the Program; or 10.2 The Program's performance or attempted performance of this Agreement; or 10.3 Any failure by the Program to comply with all local, state and federal laws and regulations. 11. INCORPORATED DOCUMENTS: This Contract incorporates, as if fully set forth herein, the application and the certified assurances. 12. ADDITIONAL FUNDS: If any additional funds become available during the term of this Agreement, the Department, upon its sole discretion, may institute a new application process to distribute those additional funds. Any additional funds awarded may be made part of this Agreement by amendment or addendum to this Agreement. CONTRACT ENTERED INTO BY: WATERLOO POLICE DEPARTMENT DOMESTIC ABUSE RESPONSE TEAM (D.A.R.T.) Program Name Authorized Representative Signature Daniel J. T=elka Authorized Representative Typed Name trelkad@waterloopoliceiicom Authorized E-mail Address Authorized Dep Donna J Phillips Signa e Typed Name 08/12/2013 Date Director of Safety Services Authorized Representative Title (319) 291-4339 Authorized Representative Telephone r)-,%3 Date Victim Services Support Administrator Title Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-847 RESOLUTION APPROVING FEDERAL VIOLENCE AGAINST WOMEN ACT CONTRACT WITH IOWA DEPARTMENT OF JUSTICE CRIME VICTIM ASSISTANCE DIVISION AND DIRECTING EXECUTION OF SAID CONTRACT BY DIRECTOR OF SAFETY SERVICES. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Federal Violence Against Women Act Contract dated October 21, 2013, in the amount of $36,180.00, with a required local match of $12,060.00, for funding the Police Department Domestic Abuse Response Team (DART) Program, providing salary and benefits for one full-time DART investigator, for the period July 1, 2013 to June 30, 2014, by and between the Iowa Department of Justice Crime Victim Assistance Division and the City of Waterloo, Iowa, be and the same is hereby approved, and the Director of Safety Services authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21St day of October, 2013. Ernest G. Clark, Mayor ATTEST: Try Sc res, CMC City Cle k CITY OF WATERLOO 0 0 0 a C 0 o E O O L /\ 0 Ct TO 0 U C U) 0 0 U .n C 4-1 Cu FD O dro0 L Q .O Loco r co _1.6 N y C B o* Nr Etmei N o ocae +. 0 .0 M a 0 ? w r Q ® 2 0 0 CONY row®` 0 C L h d .° TD 54- E5*" co0 � d E"uO° E C'eins c U `0 B a C o 4,0)0 UUava4t SUBJECT: Submitted by: Daniel J. Trelka, Director of Safety Services 0 Ctw ae .O N co Cu y Vcc 44.ED. G .0 C 0U N = Co 0 -16 CCU L 0- 4-1E co oaUU R acv Ca co E u o6 47, `mu vv E L o CR Y o U C O N'N `f Uocc 0 c Q) 0 C d oz E a .0e 2:o O 0 co0n 0 N t CIL L 0U 00 gi ii COH E c d; o® Z QN AVI OD C = N 0U) '" co a ®wQ UJy Pi w M U;7® U) O N N U O L o. +m+ L. .00 Ca 0 0 0 YwO E N w o C E� E To co> co f0 co 4- O U 0 .0 .O 0 V 0 0 C N C 0 4. s r`• C 0 0 7n .v e 0 C La 0 Z Na IL b o a 0 0 `0 a t6 W �$ Source of Funds: N/A Policy Issues: N/A Alternative: N/A 0 co73 0 0co •N_ > CU s d V C c Cu t L 4-0 0 E0` °i E A3 O a. `L° C 0 > 00)3 0 V N N Ts co CO 0 o5E of L F- ToAEo (0` `0 h Eo o O a N CO O la O L - d a'+ t0 y CU O q) E w O 2od:7 E 5U 0cc E� 3oA0 0 L 0V 0 L.N V 01"a V m > 7 C Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-848 RESOLUTION APPROVING AUTOMOBILE LEASE AGREEMENT WITH C & S CAR COMPANY HYUNDAI MAZDA SUBARU AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Automobile Lease Agreement dated October 21, 2013, to provide a 2014 Subaru Outback to be utilized by the Waterloo Police Department Life Skills Program, for the period October 28, 2013 to April 28, 2014, by and between C & S Car Company Hyundai Mazda Subaru of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21st day of October, 2013. ATTEST: Suzy Scha City Cler e s , CMC est G. C ar , Mayor CITY OF WATERLOO Council Communication City Council Meeting: October 21, 2013 Prepared: October 16, 2010 Dept. Head Signature: ) Meri # of Attachments: SUBJECT: FIBER OPTIC CONNECTION: CITY NETWORK TO SPORTSPLEX BUILDING Submitted by: Sandie Greco, Traffic Operations Superintendnet Recommended City Council Action: Approve Contract Modification Change Order Number 1 Summary Statement: This is for connecting Mediacom network to the Sportsplex building. A 4" conduit will connect the Mediacom facility to the Sportsplex building. Wiring and cable installation will done by Mediacom. Expenditure Required $3,500 Source of Funds G.O. Bonds Policy Issue Alternative Background Information: This task is not part of the original contract. Sportsplex wishes to have Mediacom services but Mediacom has required a conduit connection t� provide services. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-849 RESOLUTION APPROVING CONTRACT MODIFICATION NO. 1 WITH KWS, INC. OF CEDAR FALLS, IOWA AND DIRECTING EXECUTION OF SAID CONTRACT MODIFICATION BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that Contract Modification No. 1 dated October 21, 2013, at an additional cost of $3,500.00, for connecting Mediacom network to the SportsPlex building in conjunction with the Fiber Optic Connection: City Network to SportsPlex Building project, by and between KWS, Inc. of Cedar Falls, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21St day of October, 2013. ATTEST: Suzy Scha es, CMC City Cler Ernest G. Clark, Mayor Professional Services Agreement Wireless Communication and Camera Network System Audit Project Number TOF-220 This agreement is between the City of Waterloo, Iowa (City) and Transcore ITS, LLC of Ankeny, Iowa for Transcore to conduct a system audit of the City's wireless communications and camera network. The current camera communication and distribution system has not been operating at an acceptable level. The City of Waterloo wishes for an engineering review, evaluation, and re -design of the system for improvement recommendations with a goal of attaining 95% reliability. A. TRANSCORE'S RESPONSIBILITY 1. General The work completed under this contract consists of evaluation and design services for the city of Waterloo Iowa. Evaluation and design services will be conducted both in-house and in the field to provide the best possible solution. Care will be taken to emphasize a solution which focuses on utilizing the current communication equipment. Base details for this contract include the following: ® All final design work shall conform to City of Waterloo Iowa and NEC Standards and specifications. a All radio work shall conform to FCC Requirements and Regulations. o Payment under this contract shall be Fixed Price by task as per Section B Compensation herein. This does not include Part 2 equipment costs. a The project will be conducted in a timely manner and not to exceed 6 calendar months from the date this agreement is approved by City Council of Waterloo, Iowa. o The attached TransCore Standard Terms, Conditions and Other Information 2013, are applicable to this Professional Services Agreement and are appended hereto. 2, Communication System Inventory - Task 1 o Evaluate current documentation of communication system ® Conduct site survey to obtain GPS coordinates and radiation centers of critical camera and communication infrastructure (Completed by others) o Document model and firmware status of all critical camera and communication equipment (Completed by others) a Conduct Spectrum Analysis of current communication system (Completed by others) 3. Radio Communication Analysis - Task 2 o Plot critical camera and communication locations in terrain evaluation software s Plot current radio communication path a Evaluate current communication path profiles for availability and reliability using telemetry software o Calculate Fade Margins and conduct loss analysis using Industry Radio Frequency Analysis tools fi. Communication Re -Design and Recommendations Task 3 o Determine optimal communication path o Plot proposed radio communication path a Evaluate proposed radio communication path in terrain evaluation software I o Evaluate proposed communication path profiles for availability and reliability using telemetry sofwarc o Conduct transmitter testing for suspect links o Calculate Fade Margins and conduct loss analysis using industry Radio Frequency Analysis tools © Ensure bandwidth requirements are adequate for proposed communication path © Propose an implementation plan to minimize downtime and optimize efficiency ® Propose an optimal frequency plan to minimize radio interference and reduce noise floor B. COMPENSATION METHOD o City will compensate TransCore for the Fixed Price amounts by Task as follows: o Communication System Inventory - Task 1 = $6202.10 o Radio Communication Analysis - Task 2 = $8,180.88 • Communication Re -Design and Recommendation - Task 3 = S 15;566.94 o In case of a need for additional services additional amounts may be made available by mutual agreement and will only be valid if approved by Waterloo City Council. e Transcore may submit monthly billing statements. Billing statements shall indicate the project number TOF-220. For City o"aterloa For Transcore ITS. LLC: Name: / e r* kot4 r' I Title: 4 sSoc Date See duan lied Terms and Conditions winch Mon Srandacd and Other Iniormution TransCore's Quote, to which this document is appended, is predicated on the following Terms, Conditions, and Other Information. cr r , . , -;a Upon acceptance of the Quote, this document shall automatically become a part of any final Purchase Order or other contractual agreement between the parties. EXCLUSIONS The quoted price expressly excludes the following items: (check all that are applicable) Traffic Control Permits // Performance, Payment or Maintenance Bonds As -Built Drawings ® Prevailing Wages ® Liquidated Damages Installation of Underground Infrastructure, including conduit or junction boxes 1. Payment All invoices, prepared in accordance with the Milestone Billing Schedule or Payment Terms, shall be paid Net 30 days from the date invoice is received. Late payments are subject to a smaller of 1.5% per month or maximum interest charges allowed by laws of State of Iowa. Payment shall be made as follows: For Domestic Wires: Wells Fargo 420 Montgomery St San Francisco CA 94104 612-316-0999 Acct # 2000062859446 Routing # 121000248 Beneficiary: TransCore Holdings, Inc., on behalf of TransCore ITS, LLC Please do not use these addresses for anything but payments. For Hard Copy Checks: TransCore PO Box 935321 Atlanta, GA 31193 Overnight Mail for checks: Wells Fargo/TransCore Attn: 935321 3585 Atlanta Ave Haneville. GA 30354 2. Standard of Care TransCore, in performing any services under this agreement, shall perform in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions and in similar locations. 3. Entire In any resultant Agreement, the following will be the Order of Precedence: (a) These Terms and Conditions; Agreement (b) any other Customer Contract, Purchase Order or other such document appended hereto. 4. Critical Design If during the critical design phase of the Contract, TransCore and Customer fail to reach mutual agreement on Phase the Functional Detail Design and Acceptance Criteria, either party may terminate the Contract for convenience without any obligation or liability to the other party. 5. Limitation of Liability a. TransCore's total liability to Customer for any and all liabilities arising out of or related to this contract, from any cause or causes, and regardless of the legal theory, including breach of contract, warranty, negligence, strict liability, statutory liability, or any indemnification obligation, shall not, in the aggregate, exceed the amounts paid to TransCore under the Contract. b. IN NO EVENT SHALL EITHER TRANSCORE OR THE CUSTOMER BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR ECONOMIC DAMAGES (INCLUDING, BUT NOT LIMITED TO LOST PROFITS AND LOST BUSINESS OPPORTUNITY), REGARDLESS OF THE LEGAL THEORY UNDER WHICH SUCH DAMAGES ARE SOUGHT, AND EVEN IF THE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. c. Any claim by Customer against TransCore relating to this contract, other than in warranty, must be made in writing and presented to TransCore within one (1) year after the earlier of: (1) the date on which the Customer accepts the deliverable at issue; or (2) the date on which TransCore completes performance of the services specified in this Contract. Any claim under warranty must be made within the time specified in the applicable warranty clause. 6. Software Licensing All TransCore-owned and developed software will be provided in accordance with TransCore's Standard License Agreement, TransCore shall be granted unlimited user rights to all software interfaces developed during the Contract. 7. Delays In the event that TransCore is delayed in performing services under this Agreement by the Customer, govemmental bodies, or contractors, agents, public utilities, patrons, or other third parties, and such delay results in an increase in costs to TransCore or the time for performance, Customer shall negotiate an equitable adjustment to the Contract price, schedule, or both. TransCore shall provide timely written notice after becoming aware of a delay or the happening of such an event. 8. Document Review and Approval a. My drawing, report, manual, or other data submitted for the Customer's review shall be approved or disapproved within fourteen (14) calendar days of receipt. If the item is disapproved, then the Customer will provide detailed comments that define the nature and extent of the deficiency and the type of remedial action expected. If the Customer does not approve or disapprove within fourteen (14) calendar days, or if the Customer's comments are not received within the fourteen (14) day period, then TransCore's schedule will be extended commensurately. b. This Contract provides for submission of one (1) draft for comments, and one (1) final submittal of the documents and manuals. If the Customer requires additional submittals, equitable adjustments to the schedule and/or price will be handled through change orders to this Contract. 9. Force Majeure Except as otherwise expressly provided herein, neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that such performance is prevented or delayed by any cause, existing or future, which is not within the reasonable control of such party including, but not limited to, acts of God or the public enemy, fires, earthquakes, explosion, riots, strikes (not including strikes of the Contractor's staff personnel), or war, terrorist acts, or inclement weather, where the party whose performance 3 was delayed did not otherwise cause or contribute to the cause of the delay or not prevent, when able to prevent, such delay. Notwithstanding the foregoing, the failures of any of the Contractor's suppliers, Subcontractors, or the like shall not excuse TransCore's performance except to the extent that such failures are due to any cause without the fault and outside the reasonable control of such suppliers, subcontractors, or the like including, but not to, acts of God or the public enemy, fires, explosion, riots, strikes (not including strikes of the Contractor's staff personnel), or war, terrorist acts, or inclement weather. 10. Disclaimer of Implied Warranties THE EXPRESS WARRANTIES, IF ANY, CONTAINED IN THIS CONTRACT ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY TRANSCORE. TRANSCORE SPECIFICALLY DISCLAIMS ANY OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES ALLEGED TO HAVE ARISEN FROM CUSTOM, USAGE, OR PAST DEALINGS BETWEEN THE PARTIES. 11. System Warranty A. TRANSCORE WARRANTS, FOR A PERIOD OF ONE (1) YEAR FROM SUBSTANTIAL COMPLETION, [THAT BEING THE DATE OF BENEFICIAL USE OF THE SYSTEM] THAT THE SYSTEM PROVIDED UNDER THE CONTRACT WILL BE OF GOOD QUALITY AND MATERIALS IN ACCORDANCE WITH THE (SYSTEM DESIGN DOCUMENT/TECHNICAL SPECIFICATIONS). IN THE EVENT OF AN INCIDENT REQUIRING MAINTENANCE OUTSIDE OF THE NORMAL PREVENTIVE, PREDICTIVE, AND CORRECTIVE REQUIREMENTS SET FORTH HEREIN, INCLUDING BUT NOT LIMITED TO FORCE MAJEURE, VANDALISM, THEFT, OR ACCIDENTS, TRANSCORE WILL PERFORM SUCH WORK ON A TIME AND MATERIALS BASIS. B. WARRANTY EXCLUSIONS: THE WARRANTIES PROVIDED FOR HEREIN DO NOT APPLY TO PROVISION OF THIRD PARTY COTS UPGRADES, CONSUMABLE ITEMS AND MATERIALS, OR TO THE SYSTEM DUE TO NORMAL WEAR AND TEAR; FAILURES OR DAMAGE RESULTING FROM CAUSES OUTSIDE OF THE BASIC EQUIPMENT, INCLUDING BUT NOT LIMITED TO: (I) MISUSE DUE TO FAULT OR NEGLIGENCE OF CUSTOMER OR ITS OTHER CONTRACTORS OR AGENTS; (II) TO DAMAGE FROM POWER SOURCES OR PERIPHERAL EQUIPMENT NOT DELIVERED WITH TRANSCORE'S SYSTEM; (III) OPERATION OF THE EQUIPMENT OUTSIDE OF THE MANUFACTURERS' SPECIFIED ENVIRONMENTAL CONDITIONS; (IV) VANDALISM; N) MAINTENANCE, MODIFICATIONS OR REPAIRS BY PARTIES OTHER THAN TRANSCORE OR ITS DESIGNATED AGENTS; (VI) TO THE EXTENT SERVICES ARE PROVIDED WITH RESPECT TO THE SYSTEM BY OTHERS WITHOUT TRANSCORE'S APPROVAL AND SUCH SERVICES CAUSE TRANSCORE TO BE UNABLE TO PERFORM THE SERVICES HEREUNDER OR TO BE ABLE TO PERFORM THE SERVICES ONLY AT ADDITIONAL COSTS WHICH ARE NOT REIMBURSED BY CUSTOMER; OR (VII) TO LOSS OR DAMAGE TO ANY THIRD PARTIES NOR ANY CONSEQUENTIAL DAMAGES. 12. Changes a. Customer may, at any time by written notice and without notice to sureties or assignees, make minor changes within the general scope of this Contract in any one or more of the following: I. Drawings, designs, or specifications; ii. Method of shipping or packing; iii. Place of inspection, acceptance, or point of delivery; iv. Delivery Schedule; and v. Other b. Should any such change increase or decrease the cost and/or the time required for performance of this Agreement, an equitable adjustment may be requested by TransCore or Customer in the price, delivery schedule or both. The request for adjustment should include charges for redundant material, work in process and any other costs involved. c. Any claim for cost associated with a change in the scope of the work shall be negotiated between TransCore and Customer. Adjustments to price shall be computed by agreement of a fixed price. Customer may request that TransCore submit a written proposal indicating the price at which TransCore would be willing to perform certain changes in the work as described by Customer. Upon receipt of such a request, TransCore shall prepare and submit such proposal promptly, but no later than thirty (30) business days. If TransCore and Customer agree in writing as to the price to be paid to TransCore for the work changes, this Contract shall be deemed amended in accordance therewith. 13. Hazardous a. Unless otherwise expressly provided in the Contract to be part of the work, TransCore is not responsible for Conditions and any hazardous conditions encountered at the site. Upon encountering any hazardous conditions, TransCore Differing Site will stop work immediately in the affected area and duly notify Customer, and, if required by legal Conditions requirements, all government or quasi -government entities with jurisdiction over the project or site. Upon receiving notice of the presence of suspected hazardous conditions, Customer shall take the necessary measures required to ensure that the hazardous conditions are remediated or rendered harmless. Such necessary measures shall include Customer retaining qualified independent experts to (i) ascertain whether hazardous conditions have actually been encountered, and, if they have been encountered, (ii) prescribe the remedial measures that Customer must take either to remove the hazardous conditions or render the hazardous conditions harmless. b. TransCore shall be obligated to resume work at the affected area of the project only after Customer's expert provides it with written certification that (i) the hazardous conditions have been removed or rendered harmless and (ii) all necessary approvals have been obtained from all government and quasi -government entities having jurisdiction over the project or site. TransCore may be entitled to an adjustment in its Contract price and/or schedule to the extent TransCore's cost and/or time of performance have been adversely impacted by the presence of hazardous conditions. c. To the fullest extent permitted by law, Customer shall indemnify, defend, and hold harmless TransCore, TransCore's consultants, subcontractors, anyone employed directly or indirectly for any of them, and their officers, directors, employees, and agents, from and against any and all claims, losses, damages, liabilities, and expenses, including attorneys' fees and expenses, arising out of or resulting from the presence, removal, or remediation of hazardous conditions at the site. 14. Duty to Cooperate Customer shall, throughout the performance of the work, cooperate with TransCore and perform its responsibilities, obligations, and services in a timely manner to facilitate TransCore's timely and efficient performance of the work, and so as not to delay or interfere with TransCore's performance of its obligations under the Contract Documents. 15. Risk of Loss The Customer shall bear all risk of loss for materials and equipment upon delivery to job site of the Customer. 16, Indemnification Each party shall defend, indemnify, and save the other harmless from and against any liability, loss, costs, expenses, or damages to the extent caused by its acts or omissions or negligence. The indemnifying party shall defend said action at its own expense, and shall pay and discharge any judgment that may be rendered in any such action. If such indemnifying party fails or neglects to so defend, the party sued may defend the same and any expenses, including reasonable attorney's fees, which it may pay or incur in defending said 4 action and the amount of any judgment which it may be required to pay shall be promptly reimbursed upon demand. 17. Termination Customer or TransCore may at any time terminate this Agreement for convenience by giving fifteen (15) days for written notice of termination. Upon termination, TransCore will be paid the reasonable value for services Convenience actually performed, based upon proration of the payment schedule set forth in this Contract. Under no circumstances shall TransCore be paid an amount in excess of the maximum amount of the Contract. 18. Termination for Cause a. If TransCore is terminated for default it shall not be liable for special, consequential, or economic damages, but strictly reasonable additional costs incurred by the Customer in completing the work. b. Prior to a termination for default, TransCore shall be given the opportunity to commence cure after receipt of written notice to cure a default. In the event that TransCore fails to complete such cure within such period, or fails to exercise diligent efforts to complete the cure, within sixty (60) days of receipt of written notice, Customer shall have the right to terminate this Contract for default. 19. Governing Law This Contract shall be construed, interpreted and the rights of the parties determined in accordance with the laws of the Stale of Iowa, without regard to its conflicts of law principles. 20. Disputes Customer and TransCore agree to first enter into negotiations to resolve any controversy, claim or dispute ("dispute') arising under or relating to this Agreement. The parties agree to negotiate in good faith to reach a mutually agreeable resolution of such dispute within a reasonable period of time. If good faith negotiations are unsuccessful, Customer and TransCore agree to resolve the dispute by arbitration in accordance with the JAMS Comprehensive Arbitration Rules and Procedures or JAMS Streamlined Arbitration Rules and Procedures then in effect. The arbitration shall take place in the County of Dauphin, Commonwealth of Pennsylvania. The arbitrator(s) shall be bound to follow the provisions of this Agreement in resolving the dispute, and may not award punitive damages. The decision of the arbitrator(s) shall be final and binding on the parties, and any award of the arbitrator(s) may be entered or enforced in any court of competent jurisdiction. 21. System -Wide As required, TransCore's price and schedule is predicated on the fact that all workstations must participate in Installation all installation upgrades and releases to the system. If certain workstations opt out of the upgrades and releases then any additional work needed to be done in the future will be performed on a time and materials basis. 22. Taxes The stated rates do not include federal, state or local taxes based upon or measured by sales or use of equipment listed in the attached schedule. The Customer agrees to pay any such taxes which are in effect at the time. - - 23. Mobilization/ Should the resultant Contract require ramp up for a term of less than twelve (12) months, mobilization and/or Demobilization demobilization costs may be billed to Customer. 24. Insurance TransCore will provide the following insurance coverage, with the deductibles as indicated: Commercial General Liability: $1,000,000; $5,000,000 General Aggregate Fire Damage (any one fire): $100,000 Medical Expenses (any one person): $10,000 Personal & Advertisement Injury: $1,000,000 Products—Completed Operations Aggregate: $2,000,000 DEDUCTIBLE: $200,000 Comprehensive Automobile Liability / DEDUCTIBLE: $2,000,000 combined single limit / $100,000 Workers' Compensation: Statutory Employers' Liability/DEDUCTIBLE: $1,000,000/$1,000,000/$1,000,000 / $250,000 Excess Liability (Umbrella): $50,000,000 aggregate Professional (E & 0) Liability / DEDUCTIBLE: $15,000,000 per claim; $15,000,000 aggregate / $250,000 Property coverage/Special Causes of Loss: DEDUCTIBLE: $300,000,000 loss limit/occur (values/schedule; $1,000,000 loss limit at unnamed locations). $500,000 coverage on valuable papers included. $1M limit on domestic transit. $100,000 base property ded./$25,000 ded. for domestic transit 5 Camera Communication and Distribution System Audit Break out Labor Task 1- Task l - Communication Radio Task 3 - Unit System Communication Communication PersonnellClasitiicatlon Unit Cost Units % Mart Up Price Extended Price Total Inventory Analysis Redesign Timothy Fischer $ 175.18 Hr 0% $175.18 $1.051.08 6 2 2 2 Robert Roth $ 175.18 Hr 0% $175.15 $14,690.30 95 15 30 40 Alex Preston 5 105.16 Hr 0% $105.16 $3,259.98 31 6 8 15 Ola Ogunfusika $ 93.27 Hr 0% $93.27 S?238.66 24 6 8 10 Clint Skinner $ 61.73 Hr 0% $61.73 51.111.14 18 18 Kenney Franklin $ 61.73 Hr 0% $61.73 $493.84 8 8 Bryan Jones $ 61.73 Hr 0% $61.73 $1,234.60 20 0 12 John Kesler $ 61.73 Hr 0% $61.73 $]40.]6 12 12 Ryan Martindale $ 81.73 Hr 0'A $61.73 $)40.]6 12 12 Devin $chnackenberg $ 61.73 Hr 0% $61.73 $0.00 0 Adam Buhr - $ 61.73 Hr 0% $61.73 50.00 0 Labor Summary $25,760.92 $5,490.10 $8,180.88 $12,059.94 Direct Expenses Description Unit Camera Camera Camera Unit Cod Units % Mark Up Price Extended Price Total Relocation Relocation Relocation Traffic Control TralficCentrol Summary Travel Costs Equipment. Summary Equipment $350.00 IS $196.00 EA 15% $40250 $805.00 2 $805.00 $0.00 $0.00 $805.00 0% $196.00 5704.00 4 2 2 $784.00 $392.00 $0.00 $392.00 Communication Radio Task 3 - Unit System Communication Communication Description Unit Col Units % Mar Up ' Price Extended Price Total Inventory Analysis Re4edgn Pickup Track $20.00 Hr 0% $20.00 $990.00 00 16 24 Bucket Truck $25.00 Hr 0% $25.00 $600.90 24 0 20 Equipment. Summary $1,400.00 $320.00 $0.00 $1,080.00 Material Description Communication Radio Task 3 Unit Sylem Communication Communication Unit Cost Units % Mark Up Price Extended Price Total Inventory Analysis Redesign Material Summary I Censumael00 5100.00 L5 0% $100m $0.00 - 2 Spectrum Malymr $360.00 L5 0% $160.00 $0.00 - - - 3 Test Transmmer $75.00 IS 0% $75.00 $1,201.00 1000 - - 10.0o $0.00 $0.00 $000 $1,200.00 Summary of Transcore cost $29,919.92 $6,202.10 $8,180.82 $15,566.94 Site Total $29,949.92 $6,202.10 $8,180.88 $15,566.94 6 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-850 RESOLUTION APPROVING PROFESSIONAL SERVICES AGREEMENT WITH TRANSCORE ITS, LLC OF ANKENY, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Professional Services Agreement dated October 21, 2013, in the amount of $29,949.92, to conduct a system audit of the City's wireless communications and camera network, by and between Transcore ITS, LLC of Ankeny, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21St day of October, 2013. ATTEST: Suzy Schares, City Cle'rk CMC nest G. (f4e, ark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: October 21, 2013 Prepared: October 16, 2013 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. 2 - $23,748.50 DECREASE FY 2012 SECOR RAILROAD SPUR VIETH CONSTRUCTION, INC. CONTRACT 794 Submitted by: Jeff Bales, Associate Engineer Recommended City Council Action: Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. Please execute all three (3) copies and return two (2) to our office for further processing. Summary Statement Transmitted herewith is a Change Order in the decreased amount of $23,748.50. This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a decrease to the total project cost. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: Cc: Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting: October 21, 2013 Prepared: October 14, 2013 Dept. Head Signature: Eric Thorson, PR, City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. 1 - $3,542.77 DECREASE FY 2012 GERALDINE ROAD EXTENSION RM -8155(727)-9D-07 BENTON'S SAND AND GRAVEL, INC. CON TRACT 821 Submitted by: Jeff Bales, Associate Eneineer Recommended City Council Action: Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. Please execute all three (3) copies and return two (2) to our office for further processing. Summary Statement Transmitted herewith is a Change Order in the decreased amount of $3,542.77. This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a decrease to the total project cost. - Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information: Cc: Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting: 10/21/13 Prepared: 10/16/13 Dept. Head Signature: ' _ JCL \ -- # of Attachments: 0 SUBJECT: Gates Park Golf Course -Virden Creek Erosion Project Submitted by: JB Bolger- Golf & Downtown Area Maintenance Manager Recommended City Council Action: Approve completion of project and change order #2 with a total increase of $2,630.88 to be paid to Matthias Landscaping. Summary Statement Increased quantity of turf reinforcement matting and seeding was needed to complete the project. Expenditure Required Original Contract Change Order #1 Change Order #2 Total Project Cost $48,665.27 +4,550.00 +2,630.88 $55,846.15 Source of Funds Golf Course Improvements CIP Bonds Policy Issue Alternative Background Information: Original Contract approved by Council and Signed 2/25/13. LANDSCAPING CO. Waterloo, City of Gates Park Floodwall Quantity Description Invoice # 8351 Date 9/5/2013 Project Finish Grade & Hydroseeding Rate Terms Net 30 days Amount 0.35 Line 3 - Turf Seeding (Super Turf II) per acre 6,969.60 2,439.36 0.04 Line 4 - Native Seeding (IADOT Native Mix) per acre 6,969.75 278.79 450 Line 6 - Turf Reinforcement Mat per sf 1.20 540.00 Contact Craig Gibleon 319-226-6000 or E-mail craig@matthiaslandscaping.com Please call if you have any questions. Subtotal $3,258.15 Sales Tax (7.0%) $0.00 Total $3,258.15 Matthias Landscaping Co. 3170 Wagner Rd. Waterloo [A 50703 Payments/Credits $0.00 P-319-226-6000 F-319-226-6003 Balance Due $3,258.15 Waterloo, wM O Cr) 4J 1 •� r -I N P H ri m U >101 -PO • r-1 (- Uo H cf) >~ N rd •r1 •r-1 a) 4 (d a) to a) ULo O H w O 00 01.101-4ZH 41 zHa0� ,0 ) � g 444 I O U � �FCrW a--)��, a) 0(z Q h Z u) co ° 3 0 0 3 H Zg0E-i� 4 U H 4 0U off U • Ili 004 0z •� W a) a) HOWO 0 0 0r-{ 0 El 0 124 U M VI H O U $-I 4__) $-I W •-1 a 174 a) a) o 4-, a HQ',HH W H )-I H LD -•>i z O C7 x W (a 4-I at 4--I a) zw0Z f4 ()op o (-))-1 › Q�Ux Ti ›-1,00) U - a) E�zw H x °wavU �o r4 r4 1 O E -ii •H 4 pa a) r� ni o o 1-1 ci 1 i7 -p 0 i0 -P0 Q H -P HHHHWH «3 a), >H'0 a +-) '' a -P �U DU .0� 3 0 WU a) g�00Uij g rid oo [Yi 1W4 ��, a) -° a H a) 0 14 0 X0+150 S~ N4 -(d -r-I O p7 -1J-'' � I )4 -r-1 a a)a)r-,v) -P a) (fid O O .4 0 0 W -P g PASSED AND ADOPTED this 21st day of October, H W H H CITY OF WATERLOO Council Communication City Council Meeting: October 21. 2013 Prepared: October 15, 2013 Dept. Head Signature: # of Attachments: SUBJECT: Recommendation - Award of Bid to Cedar Rapids Truck Center for the purchase of one (1) 2014 Automated Side -Load Garbage Truck in the amount of $224,460 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: Recommendation - Award of Bid to Cedar Rapids Truck Center Expenditure Required: $224,460 Source of Funds: 525-15-5400-2117 Policy Issue: N/A Alternative: N/A Background Information: It is my recommendation that the bid from Cedar Rapids Truck Center (Peterbilt) in the amount of $224,460 be accepted. Bid recommendation is higher than reported at bid opening due to acceptance of an alternate to install on -board weight scales. Bids received were: Cedar Rapids Truck Center Cedar Rapids, IA $224,460. Twin Bridges Truck City Bettendorf, IA $230,244. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-855 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF BID TO CEDAR RAPIDS TRUCK CENTER OF CEDAR RAPIDS, IN CONJUNCTION WITH THE PURCHASE OF ONE (1) 2014 AUTOMATED SIDE -LOADER GARBAGE TRUCK, IN THE AMOUNT OF $224,460.00. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the bid of Cedar Rapids Truck Center of Cedar Rapids, Iowa, in the amount of $224,460.00, in conjunction with the Purchase of One (1) 2014 Automated Side -Loader Garbage Truck described in the specifications heretofore adopted by this Council for said purchase with Resolution No. 2013-814, after public hearing on October 14, 2013 on published notice required by law, be and is hereby accepted. PASSED AND ADOPTED this 21st day of October, 2013. 1/(A/ 410/ ATTEST: n 1 Suzy S h 4es, CMC City Clerk Ernest G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward ! CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: October 21, 2013 Prepared: October 16, 2013 Dept. Head Signature: # of Attachments: SUBJECT: Adopt a resolution by City Council requesting Enterprise Zone certification for the creation of a new Enterprise Zone to include property bounded by Ravenwood Road, and Ravenwood Circle, in Hammond Hills Sixth Addition. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Adopt for a resolution by City Council requesting Enterprise Zone certification for the expansion of the Enterprise Zone to include property bounded by Ravenwood Road, and Ravenwood Circle, in Hammond Hills Sixth Addition Summary Statement: Transmitted herewith is an application to expand the Enterprise Zone to include the Hammond Hills Sixth Addition. Expenditure Required: None Source of Funds: N/A Policy Issue: Economic Development Legal Description: HAMMOND HILLS SIXTH ADDITION, BLACK HAWK COUNTY, WATERLOO IOWA Background Information: The Enterprise Zone is an economic development area that allows housing and business projects within the zone benefits that help to attract development within the zone. cc: Noel Anderson, Community Planning & Development Director Path: K:\USERS\Planning\Adam\Council Letters\letter Enterprise Zone Exp Lincoln 6-20-11.doc CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT APPLICATION for ENTERPRISE ZONE CERTIFICATION City (Population of 24,000+) Ravenwood Expansion Iowa Department of Economic Development Division of Business Development 200 East Grand Avenue Des Moines, Iowa 50309 JULY 2002 INTENT: The Enterprise Zone Program was established by the Iowa Legislature with the intent of promoting new economic development in economically distressed areas of Iowa by encouraging communities to target resources in ways that attract productive private investment. GENERAL INSTRUCTIONS 1. If more than 12 months has elapsed since the date on the front of this application, please contact IDED to see if this version of the application is still current. 2. Before filling out this application form, please read Iowa Code Sections 15E.191 through 15E.196, as amended by 2002 Iowa Acts, H.F. 2378 and the Enterprise Zone administrative rules. 3. Only typed or computer-generated applications will be accepted and reviewed. (Contact the IDED to have an electronic copy of this application e-mailed to you.) Any material change to the format, questions or wording of questions presented in this application, will render the application invalid and will not be accepted. 4. Complete the application fully; if any questions are left unanswered or required attachments are not submitted, an explanation must be included. 5. Use clear and concise language. Attachments should only be used when requested or as supporting documentation. 6. Any inaccurate information of a significant nature may disqualify the application from consideration. 7. Send the original copy of the completed application and all required attachments to: Jeremy Babcock Project Manager Iowa Depai talent of Economic Development 200 East Grand Avenue Des Moines, Iowa 50309 Phone: (515) 242-4735 Fax: (515) 242-4795 E-mail: jeremv.babcock@iowa.gov Completed applications will be reviewed and acted upon by the Iowa Department of Economic Development's Board of Directors during their monthly board meetings. The IDED Board meets on the 3rd Wednesday and the subsequent Thursday of every month. Applications received by IDED on or before the 1st of the month will be included on the agenda for that month's board meeting. PUBLIC RECORDS POLICIES The Iowa Department of Economic Development (IDED) is subject to the Open Records law (2001 Iowa Code, Chapter 22). Treatment of information submitted to IDED in an application is governed by the provisions of the Open Records law. All public records are available for public inspection. Copies of Iowa's Open Records law and IDED's administrative rules relating to public records are available from the Department upon request. 1 July 2002 APPLICANT INFORMATION City: City of Waterloo Official Representative (Name & Title): Buck Clark, Mayor Address: City Hall, 715 Mulberry Street City, State & Zip Code: Waterloo, Iowa 50703 Telephone: 319.291.4301 Fax: 319.291.4286 This application was prepared by: Name & Title: Noel Anderson, Community Planning and Development Director Organization: City of Waterloo Community Planning & Development Department Address: City Hall, 715 Mulberry Street City, State & Zip Code: Waterloo, Iowa 50703 Telephone: 319.291.4366 Fax: 319.291.4262 E-mail Address: noel.anderson@waterloo-ia.org CERTIFICATIONS I, the undersigned, on behalf of the City identified herein, hereby submit the following application under Iowa Code Sections 15E.191 through 15E.196, as amended by 2002 Iowa Acts, H.F. 2378. I certify that the City has complied with all applicable laws of the State of Iowa with respect to Enterprise Zone certification. Furthermore, all action on the City's part, such as a resolution from the City Council authorizing the execution and delivery of this Application for Enterprise Zone Certification and naming the undersigned officer of this City authorized to execute this application, has effectively been taken. I certify that all information, representations, or statements provided to the Iowa Department of E ono is Development (IDED) in connection with this application are true and correct in all material aspects. nderstand that by submitting and signing this application, I am certifying on behalf of the City that the designated area is und$r-the Jur4sdiction of my City. Signature Noel Anderson, Community Planning and Development Director Print name and title October 3, 2013 Date 2 July 2002 APPLICATION INFORMATION If more than one Enterprise Zone is being designated, please prepare a separate application for each proposed Enterprise Zone. 1. Please indicate which two eligibility criteria the designated area* has met in order to be eligible to apply for Enterprise Zone Certification. A) The area has a per capita income of $12,648 or less based on the 2000 Census. B) The area has a family poverty rate of 12% or higher based on the 2000 Census. C) Ten percent or more of the housing units are vacant in the area. D) The valuations of each class of property in the designated area is 75% or less of the citywide average for that classification based upon the most recent valuations for property tax purposes. E) The area is a blighted area, as defined in Iowa Code section 403.17. * One or more contiguous census tracts or other geographic units located within the boundaries of a city with a population of 24,000 or more as shown by the 2000 Census. The Ravenwood Field site qualifies under criteria D and E. Criteria D) The attached Appraisal notes the value of the site at 33% of the city wide average for similar residential development sites. Criteria E) This area is considered blighted by Iowa code 403.17. 1) The site is located in the CLURA District, which by previous action declared this a blighted area under Urban Revitalization portion of the state code of Iowa. 2) Faulty lot layout in relation to usefulness and accessibility- The area in question has half built infrastructure as so very little of the site is able to be developed until extensions of roadway, water, and sewer, etc. is constructed. 3) Lack of infrastructure- The site in question has not been used for housing and infrastructure is not stubbed for residential development. 4) Defective street layout- As noted above, street system is only 1/3 in place, needs new streets to enable new lots to be platted and developed. Please attach supporting documentation that shows how the designated area meets these eligibility criteria. See attached appraisal -Attachment A 2. What is the total area (in acres) of the County in which the City is located? NA 3. How many acres within the County have previously been certified as Enterprise Zones? NA 4. Please indicate the size (in acres) of the Enterprise Zone for which you are requesting certification. The site is a total of 9 Acres 5. Does the proposed Enterprise Zone include any area that qualifies as an Empowerment Zone or Enterprise Community, pursuant to Title XIII of the federal Omnibus Budget Reconciliation Act of 1993? If so, please indicate the size (in acres) of the area that qualifies as an Empowerment Zone or Enterprise Community. No. 3 July 2002 6. Attach a legal description for the proposed Enterprise Zone. Hammond Hills Sixth Addition, Waterloo, Black Hawk County 7. Attach a detailed map (no larger than 8" x 14"), which shows the boundaries of the proposed Enterprise Zone. See attached. 8. Please describe the current land use of the proposed Enterprise Zone and include the names of any existing businesses currently located in the proposed Enterprise Zone. Site Current Use Names of Businesses Vacant field Vacant field None. 9. Please describe how the proposed Enterprise Zone will be used. The designation of this area will offer incentives to housing developer to help defray the expense on new infrastructure into an older neighborhood in the community. These incentives will help create an excellent infill development project for the city and a Smart Growth project for the State of Iowa. The vacant field will have three stubbed roads continued in a "U -Shape" to reconnect street, sewer, and water to create lots for development. 10. If applicable, please describe the local property tax exemption authorized by the City Council for the proposed Enterprise Zone. (Please note that a local property tax exemption is not required.) If other property tax exemptions or incentives will be used in lieu of an Enterprise Zone property tax exemption, such as Urban Revitalization Areas, Tax Increment Financing (TIF) districts, or Industrial Property Exemption authorized under Iowa Code Section 427B, please indicate this. There are no local incentives unless the development involves 1 & 2 Family Houses. 11. Attach the original copy of the City Council resolution requesting Enterprise Zone certification and designating, if applicable, the property tax exemption for the zone. See attached. ATTACHMENTS Please make sure the following items are included with this application: ❑ Supporting documentation that shows how the designated area meets the eligibility criteria. ❑ Legal description for the proposed Enterprise Zone. ❑ Detailed map (no larger than 8" x 14") which shows the boundaries of the proposed Enterprise Zone. ❑ Original copy of the City Council resolution requesting Enterprise Zone certification and designating, if applicable, the property tax exemption for the zone. 4 July 2002 INTENT: The Enterprise Zone Program was established by the Iowa Legislature with the intent of promoting new economic development in economically distressed areas of Iowa by encouraging communities to target resources in ways that attract productive private investment. GENERAL INSTRUCTIONS 1. If more than 12 months has elapsed since the date on the front of this application, please contact IDED to see if this version of the application is still current. 2. Before filling out this application fonn, please read Iowa Code Sections 15E.191 through 15E.196, as amended by 2002 Iowa Acts, H.F. 2378 and the Enterprise Zone administrative rules. 3. Only typed or computer-generated applications will be accepted and reviewed. (Contact the IDED to have an electronic copy of this application e -,nailed to you.) Any material change to the format, questions or wording of questions presented in this application, will render the application invalid and will not be accepted. 4. Complete the application fully; if any questions are left unanswered or required attachments are not submitted, an explanation must be included. 5. Use clear and concise language. Attachments should only be used when requested or as supporting documentation. 6. Any inaccurate information of a significant nature may disqualify the application from consideration. 7. Send the original copy of the completed application and all required attachments to: Jeremy Babcock Project Manager Iowa Department of Economic Development 200 East Grand Avenue Des Moines, Iowa 50309 Phone: (515) 242-4735 Fax: (515) 242-4795 E-mail: l eremv.babcockna,iowa.gov Completed applications will be reviewed and acted upon by the Iowa Department of Economic Development's Board of Directors during their monthly board meetings. The IDED Board meets on the 3`d Wednesday and the subsequent Thursday of every month. Applications received by IDED on or before the Pt of the month will be included on the agenda for that month's board meeting. PUBLIC RECORDS POLICIES The Iowa Department of Economic Development (IDED) is subject to the Open Records law (2001 Iowa Code, Chapter 22). Treatment of information submitted to IDED in an application is governed by the provisions of the Open Records law. All public records are available for public inspection. Copies of Iowa's Open Records law and IDED's administrative rules relating to public records are available from the Department upon request. 1 July 2002 APPLICANT INFORMATION City: City of Waterloo Official Representative (Name & Title): Buck Clark, Mayor Address: City Hall, 715 Mulbeny Street City, State & Zip Code: Waterloo, Iowa 50703 Telephone: 319.291.43 01 Fax: 319.291.4286 This application was prepared by: Name & Title: Noel Anderson, Community Planning and Development Director Organization: City of Waterloo Community Planning & Development Dept tinent Address: City Hall, 715 Mulberry Street City, State & Zip Code: Waterloo, Iowa 50703 Telephone: 319.291.43 66 Fax: 319.291.4262 E-mail Address: noel.anderson@waterloo-ia.org CERTIFICATIONS I, the undersigned, on behalf of the City identified herein, hereby submit the following application under Iowa Code Sections 15E.191 through 15E.196, as amended by 2002 Iowa Acts, H.F. 2378. I certify that the City has complied with all applicable laws of the State of Iowa with respect to Enterprise Zone certification. Furthermore, all action on the City's part, such as a resolution from the City Council authorizing the execution and delivery of this Application for Enterprise Zone Certification and naming the undersigned officer of this City authorized to execute this application, has effectively been taken. I certify that all information, representations, or statements provided to the Iowa Department of Economic Development (IDED) in connection with this application are true and correct in all material aspects. I understand that by submitting and signing this application, I am certifying on behalf of the City that the designate&ea is under the jurisdiction of my City. Signature Noel Anderson, Community Planning and Development Director Print name and title October 3, 2013 Date 2 July 2002 APPLICATION INFORMATION If more than one Enterprise Zone is being designated, please prepare a separate application for each proposed Enterprise Zone. 1. Please indicate which two eligibility criteria the designated area* has met in order to be eligible to apply for Enterprise Zone Certification. A) The area has a per capita income of $12,648 or less based on the 2000 Census. B) The area has a family poverty rate of 12% or higher based on the 2000 Census. C) Ten percent or more of the housing units are vacant in the area. D) The valuations of each class of property in the designated area is 75% or less of the citywide average for that classification based upon the most recent valuations for property tax purposes. E) The area is a blighted area, as defined in Iowa Code section 403.17. * One or more contiguous census tracts or other geographic units located -within the boundaries of a city with a population of 24,000 or more as shown by the 2000 Census. The Ravenwood Field site qualifies under criteria D and E. Criteria D) The attached Appraisal notes the value of the site at 33% of the city wide average for similar residential development sites. Criteria E) This area is considered blighted by Iowa code 403.17. 1) The site is located in the CLURA District, which by previous action declared this a blighted area under Urban Revitalization portion of the state code of Iowa. 2) Faulty lot layout in relation to usefulness and accessibility- The area in question has half built infrastructure as so very little of the site is able to be developed until extensions of roadway, water, and sewer, etc. is constructed. 3) Lack of infrastructure- The site in question has not been used for housing and infrastructure is not stubbed for residential development. 4) Defective street layout- As noted above, street system is only 1/3 in place, needs new streets to enable new lots to be platted and developed. Please attach supporting documentation that shows how the designated area meets these eligibility criteria. See attached appraisal -Attachment A 2. What is the total area (in acres) of the County in which the City is located? NA 3. How many acres within the County have previously been certified as Enterprise Zones? NA 4. Please indicate the size (in acres) of the Enterprise Zone for which you are requesting certification. The site is a total of 9 Acres 5. Does the proposed Enterprise Zone include any area that qualifies as an Empowennent Zone or Enterprise Community, pursuant to Title XIII of the federal Omnibus Budget Reconciliation Act of 1993? If so, please indicate the size (in acres) of the area that qualifies as an Empowerment Zone or Enterprise Community. No. 3 July 2002 6. Attach a legal description for the proposed Enterprise Zone. Hammond Hills Sixth Addition, Waterloo, Black Hawk County 7. Attach a detailed map (no larger than 8" x 14"), which shows the boundaries of the proposed Enterprise Zone. See attached. 8. Please describe the current land use of the proposed Enterprise Zone and include the names of any existing businesses currently located in the proposed Enterprise Zone. Site Current Use Names of Businesses Vacant field Vacant field None. 9. Please describe how the proposed Enterprise Zone will be used. The designation of this area will offer incentives to housing developer to help defray the expense on new infrastructure into an older neighborhood in the community. These incentives will help create an excellent infill development project for the city and a Smart Growth project for the State of Iowa. The vacant field will have three stubbed roads continued in a "U -Shape" to reconnect street, sewer, and water to create lots for development. 10. If applicable, please describe the local property tax exemption authorized by the City Council for the proposed Enterprise Zone. (Please note that a local property tax exemption is not required.) If other property tax exemptions or incentives will be used in lieu of an Enterprise Zone property tax exemption, such as Urban Revitalization Areas, Tax Increment Financing (TIF) districts, or Industrial Property Exemption authorized under Iowa Code Section 427B, please indicate this. There are no local incentives unless the development involves 1 & 2 Family Houses. 11. Attach the original copy of the City Council resolution requesting Enterprise Zone certification and designating, if applicable, the property tax exemption for the zone. See attached. ATTACHMENTS Please make sure the following items are included with this application: o/Supporting documentation that shows how the designated area meets the eligibility criteria. L/legal description for the proposed Enterprise Zone. o/Detailed map (no larger than 8" x 14") which shows the boundaries of the proposed Enterprise Zone. ❑ Original copy of the City Council resolution requesting Enterprise Zone certification and designating, if applicable, the property tax exemption for the zone. 4 July 2002 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-856 RESOLUTION APPROVING APPLICATION FOR ENTERPRISE ZONE CERTIFICATION WITH IOWA DEPARTMENT OF ECONOMIC DEVELOPMENT, AND DIRECTING EXECUTION OF SAID APPLICATION BY COMMUNITY PLANNING AND DEVELOPMENT DIRECTOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Application for Enterprise Zone Certification dated October 21, 2013, for the creation of a new Enterprise Zone to include property bounded by Ravenwood Road and Ravenwood Circle in Hammond Hills Sixth Addition, by and between the Iowa Department of Economic Development and the City of Waterloo, Iowa, be and the same is hereby approved, and the Community Planning and Development Director authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21st day of October, 2013. ATTEST: z y S City Clerk are CMC Ernst G. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS 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 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: October 21, 2013 Prepared: October 16, 2013 .� Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving the contract agreement with Visual Logic for the upgrading and reformatting of the Brownfield Assessment Grant web site, in the amount of $16,635. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval of agreement Summary Statement: The City of Waterloo has two assessment grants for $200,000 each. As a part of the grants, the City is required provide public outreach for the updates and work with the grant funds. In the attached agreement, Visual Logic will be changing some aspects of the existing web site (which was created over 10 years ago) to a more updated format for the provision of new information, updates by HR Green and city staff, as well as a more usable web layout for the public to find information on the web site. Expenditure Required: $16,635 Source of Funds: grant funds Policy Issue: NA Alternative: NA Background Information: The City of Waterloo has utilized the brownfield assessment grants to help many projects, and many sites open up for potential redevelopment. The web site is an excellent tool for sharing of information with the general public, and for meeting the City's requirement for public outreach. Visual Logic is a local company with the ability to help the City move ahead with this project. CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 06/13/2013 HR Green: Site Remodel Prepared by Andrew Van Fleet ©Visual Logic Visual Logic Group - 402 East 4th Street - Waterloo, IA - 50703 T 319.226.3022 F 319.226.6945 HR Green (www.thenewwaterloo.com) Site Remodel Project Summary This statement of work details the work involved in the design, development and delivery of an updated and increasingly mobile -friendly version of The New Waterloo website (www.thenewwaterloo.com) for HR Green, Inc. Two phases are outlined in this document. Phase 1 covers the immediate needs of updating the project tour section and making the logo mobile compatible. Phase 2 is comprised of two options. Phase 2 is outlined for planning purposes only. Approval of this document only creates binding terms concerning the items listed under Phase 1 and the associated time and materials estimate. Project Details & Costs Visual Logic will communicate with Steve and Robin to identify the desired updates and modifications to The New Waterloo website. Proposed scope of work: Phase 1: a) Kickoff Meeting a. Identify and assess website needs b) Mobile -Friendly Logo a. Create a "fallback" image that will display for devices that are not flash compatible. c) Project Tour Redesign a. Using Google Maps, we will place a marker at the location of each project. b. Users can click on a project in the sidebar or on a marker to see a few more details including the project name, a small photo, and the address (if applicable). c. If they wish to view more information, they can click "read more" (see Appendix 1.1) Phase 2: (Future Work Options) Option #1 Project Estimate An estimated 85 hours of design/development, client correspondence, and meeting time will be required to complete the items described in this document. The esti- mated cost for this work is $9,300. 1 HR Green (www.enewwaterloo corn) New Website Design Meetings/Communication: 8 hrs. Branding/Marketing: 10 hrs. Design: 15 hrs. Development: 40 hrs. Content: 6 hrs. QA (testing): 6 hrs Project Details Responsive Redesign The existing site will be re -tooled and modified to be mobile and tablet friendly with a responsive design. This means that the site will shrink or expand to fit the screen that the viewer is using. This option doesn't require starting from scratch. Some design work will be required in making decisions on how the layout will change on smaller screens and some graphics may need to be redesigned to allow for flexibility. Option #2 Project Estimate An estimated 148 hours of design/development, client correspondence, and meeting time will be required to complete the items described in this document. The esti- mated cost for this work is $16.635. Meetings/Communication: 16 hrs. Branding/Marketing: 20 hrs. Design: 30 hrs. Development: 60 hrs. Content: 7 hrs. QA (testing): 8 hrs. Training: 7 hrs. Project Details Responsive Redesign with a content management system A new site will be built using the Wordpress platform to allow the staff of HR Green to easily update the site content. This option would also be built responsively allowing it to be mobile and tablet friendly. The existing code of the site would not be used and 2 HR Green (www.thenewwaterloo.com) Site Remodel the site would be built from scratch. All Graphics would likely need to be redesigned to allow for inclusion into the content management system. The phase 1 redesign of the project tour would also require some redevelopment in order to make it editable in the content management system. Overview (Phase 1) Estimated hours: 68 hours Rate: Senior - $135/hr // Junior - $105/hr Estimate costs: $7,446.00 Timeframe: 8 weeks Cost Structure: Time & Materials Files Upon payment in full, all design files belong to the client. We will burn the design / code files to a CD and send to the designated person. Projected Timelines We estimate this project will require 8 weeks for completion; the deliverables will be final- ized and presented to the client on or around August 1st, 2013 (assuming we have re- ceived all content and feedback to continue project through completion). Assumptions - The client will provide us with digital content, ready to be entered into the website - All photos will be provided by the client, as high resolution digital images. - Any additional requests, outside those items listed in the Project Details and Costs sec- tion, will require an addendum or separate statement of work signed by both parties. 3 HR Green (www.thenewwaterloo.com) New Website Design Statement of Work This Statement of Work agreement drawn up on May 14, 2013, between Visual Logic Group (herein referred as "Company") and HR Green (herein referred as "Client") is for the purpose of allowing Company to provide services for the Client. I. Company Personnel Client Contact; Steve Prideaux Company Contact: Matt Johnson (Sr.), Brandon Baker (Jr.) II. Scope of Work The project will commence when both Company and Client have received a signed copy of this agreement. Any graphic design, marketing message or concepts gen- erated by Visual Logic Group will belong solely to Company until the Client has signed this agreement and Company receives this document. The scope is limited to the activities described as "Phase 1 ". Any deviation in this statement of work will require an addendum to be written and signed by both parties. III. Project Estimate An estimated 60 hours of graphic design/development/implementation, client cor- respondence and meeting time will be required to complete the items described in this document. • Meetings & Communication: 8 hrs • Design: 9 hrs • Development: 45 hrs • Content: 2 hrs • QA (testing): 4 hrs The estimated cost for this work is $7,480.00 (this is a time and materials bid). 4 HR Green (www.thenewwaterloo.com) Site Remodel IV. Timeframe All project components to be completed in approximately 8 weeks. V. Terms and Conditions: This is a time and materials estimate, not a fixed bid for the range of ac- tivities. Client agrees to make payment for all activities outlined in the scope of work. Company will invoice client monthly, for associated work hours and costs. Net payment terms are 30 days. If after 10 business days the fees have remained unpaid, the fees shall gain interest at the rate of 2% per month or the maximum rate permitted by law, whichever is higher, compounded monthly. • Any equipment or other failure due to natural or other causes outside of company's control are excused, and company shall be allowed a reason- able amount of time to remedy the situation or repair the equipment. • Company shall use good faith and reasonable efforts in performing the development services, including any modifications, provided for herein; however, Company is also relying upon information and assistance fur- nished to Company by representatives of the Client. Accordingly, the ac- curacy and results of said services will be dependent upon the accuracy and completeness of the information and assistance furnished by the Cli- ent employees. Darning Pixels, Inc.'s liability, if any, for damages arising out of the performance of the services described herein shall not exceed fees paid pursuant to this Agreement. It is further understood and agreed that, in no event, will Company be liable for any indirect, special, incidental or consequential damages including, but not limited to: busi- ness interruption, lost profits, or lost goodwill. 5 HR Green (www.thenewwaterloo.com) New Website Design Company retains the right to use graphic design materials, marketing messages and any concepts created during this project as a self - promotional item, which may be included on VisualLogicGroup.com as a portfolio item once the project is in the public domain. No action, regardless of form, arising in any way out of this Agreement may be brought by either party more than 90 days after completion of services by Company. • Upon paying the Company the project's full sum, the Client has pur- chased and owns as sole possessor any and all artwork, web designs and logos created as stated in this agreement. • Company will establish a content and milestone schedule, which both the company and client agree to adhere. Any deviation from these two schedules by client may force the company to re -prioritize the work schedule, which may include placing the project on hold. This proposal and its cost estimates are valid for a period of 30 days upon client receipt. Unsigned proposal will expire on 06/13/2013. VI. Copyrights Any and all images used in this project will be provided to Company by the Client and Company will not be held responsible for any copyright infringements for using the images provided. It is understood that any marketing message created for this project will be created without copyright research. Company will not be held re- sponsible for any violation of copyright infringements. The Client shall be held re- sponsible for updating (yearly) registration fees for any and all stock images used on this project (if applicable). The Company will purchase stock images (if applicable) for the Client, and pass the associated costs onto the Client. The Company shall not be held responsible for any infringements associated with stock imagery. 6 HR Green (www thenewwaterloo cora Site Remodel VII. Modifications Once this agreement is signed any adjustments and modifications to this agree- ment need to be authorized and signed by both parties. VIII. Governing Law Any conflict arising out of this agreement shall be governed and construed in ac- cordance with the laws of the State of Iowa, United States of America. After reading this agreement the Client agrees to this document in its entirety. This agree- ment is only valid if both Company and the Client sign and date below. HR Green, Inc. Steve Prideaux Visual Logic Group Andrew Van Fleet, President By: By: Title: Title: Date: Date: 7 HR Green (www thenewwaterloo corr>) New Website Design Appendix 1.1 The New Waterloo coot V Iieos 'Project Tour Us nCt C roacnlcu,-,g1L. Sa ur ccs l co'S c, us Projects Project (lame Project Name Project Name Project Name Project Name Project Name Project Name Project Name Project Name Project Name Project Name Project Name Project Name 123 Street Waterloo, 1050703 ( Read more I \ / After clicking "read more" the project details will open up in an "overlay window)" over the top of the site (see mockup below). Projed 0 Project Description IMM•.�......�^ter. MIN IMMID 6 Funding Sources Project Timeline Success Stoles & More Info .. � 1.. 1 r_ MIME r• r_ M. MEI MI IM m ot MI MEI li 101.1i The user can read the description, funding info, timeline, and success stories all in one window. The thumbnails under the large picture will be scrollable so that you can view more than just 3 images. Clicking on a thumbnail will make it show up in the larger view. We will include sharing tools so users can email the project story to someone, tweet about it, or "like" it so the link will show up in their Facebook timeline. The goal of these tools would be to help increase the visibility of the projects and The New Waterloo. 8 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-857 RESOLUTION APPROVING CONTRACT AGREEMENT WITH VISUAL LOGIC GROUP OF WATERLOO, IOWA. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Contract Agreement dated October 21, 2013, in the amount of $16,635.00, for the upgrading and reformatting of the Brownfield Assessment Grant website, by and between Visual Logic Group of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved. PASSED AND ADOPTED this 21st day of October, 2013. J64t" Er est G. Clark, Mayor ATTEST: Suzy Sch.res, CMC City Cle k Mayor' BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward CAROLYN COLE IYard 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT Ar -Large CITY OF WATERLOO tl IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Derelo/ mrnt Director CITY OF WATERLOO Council Communication City Council Meeting: October 21, 2013 Prepared: October 16, 2013 Dept. Head Signature: Noel Anderson, Community Planning & Developmen 'rector # of Attachments: 1 SUBJECT: Adopt a resolution approving a Housing Enterprise Zone Agreement 13-HEZ-096 for Park Avenue Lofts, LLC for the development of 11 multi -family units at the Masonic Temple building, and authorize the Mayor to sign and fully execute any necessary documents Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Resolution approving amendment Summary Statement: This agreement between the City of Waterloo, Iowa Economic Development Authority, and Park Avenue Lofts, LLC, will allow for the redevelopment of the Masonic Temple into 11 multi -family condominium units. This project is also applying for historic tax credits, and will be entering into a Development Agreement with the City of Waterloo in the near future, as well as utilizing brownfield/Greyfield tax credits from the State of Iowa. This is a great reuse of the historic Masonic Temple, and will work in conformance with the Downtown Master Plan goal of bring more residential units to Downtown Waterloo. Expenditure Required: $0.00 Source of Funds: NA Policy Issue: Economic Development within the City of Waterloo. Alternative: NA Background Information: The City of Waterloo is glad to see continued redevelopment and investment into Downtown Waterloo. The State Enterprise Zone Program is in place to work to bring new housing development to distressed areas of the community, and has helped to initiate this project moving ahead. The City of Waterloo often works to provide layers of local State, and CITY WEBSITE: www.ci.waterloo.ia-us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer `N Ii=Rtic' 0 Federal incentive programs to help developers put the pieces together to make the project work. Infill projects like this are great towards the use of existing infrastructure, strengthening of existing neighborhoods and commercial areas, towards new economic development and redevelopment throughout the community. IOWA ECONOMIC DEVELOPMENT AUTHORITY 200 EastGrand Avenue I Des Moines, Iowa 50309 USA I Phone: 515.725.3000 iowaeco no m icd evelopment.com • June 13, 2013 'JUN 1 7 2013 4 -ft FRcoo,X°�! Noel Anderson City of Waterloo 715 Mulberry St. Waterloo, IA 50703 RE: Housing Enterprise Zone Program Agreement # 13-HEZ-096 Dear Mr. Anderson: economic develcpmen Enclosed is the Rousing Enterprise Zone Program Agreement for Park Avenue Lofts, LLC. This agreement must be signed by representatives from the business, City of Waterloo, and the Iowa Economic Development Authority in order for Park Avenue Lofts, LLC to receive Enterprise Zone benefits. Please have an official of the City of Waterloo and an official of Park Avenue Lofts, LLC, review it, sign it, and send the agreement to me. When all the necessary signatures have been obtained, I will send you a copy of the executed agreement for your files. If you have any questions about the agreement, please do not hesitate to contact me. For questions on your actual project please contact me at 515.725.3128. Sincerely, Jeremy Bac Project Manafer k Enclosure Cc: (w/o enclosure) Brent Dahlstrom, Park Avenue Lofts, LLC File Governor Terry E. Branstad I U. Governor Kim Reynolds I Director Debi V. Durham IOWA ECONOMIC DEVELOPMENT AUTHORITY HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT EZ AGREEMENT NUMBER: APPLICATION APPROVAL DATE: 13-HEZ-096 May 15, 2013 AGREEMENT EFFECTIVE DATE: May 15, 2013 ENTERPRISE ZONE NAME: Waterloo EZ -8 located in Black Hawk County ZONE EXPIRATION DATE: June 18, 2019 THIS ENTERPRISE ZONE AGREEMENT is made by and among the Iowa Economic Development Authority, 200 East Grand Avenue, Des Moines, Iowa 50309 ("Authority" or "IEDA"), City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, ("Community") and Park Avenue Lofts, LLC, 2202 College Street, Cedar Falls, IA 50613, ("Housing Business"). WHEREAS, the purpose of the Enterprise Zone Program is to promote new economic development in economically distressed areas; and WHEREAS, the Community has designated and the Authority has certified the Enterprise Zone identified above; and WHEREAS, eligible housing businesses with projects located in a certified Enterprise Zone are authorized under this program to receive certain tax incentives and assistance; and WHEREAS, the Enterprise Zone Commission responsible for the above -identified Zone has recommended approval and the Authority has found the Housing Business' application to be consistent with the Act's eligibility requirements; and NOW THEREFORE, in consideration of the mutual promises contained in this Agreement and other good and valuable consideration, it is agreed as follows: ARTICLE I DEFINITIONS As used in this Agreement, the following terms shall apply: 1.1 "Act' means 2005 Iowa Code sections 15E.191 through 15E.196 as amended by 2005 Iowa Acts, House File 857 and House File 882. 1.2 "Administrative Rules" means 261 Iowa Administrative Code, chapter 59. 1.3 "Agreement Effective Date" means the date this Agreement becomes effective and the Housing Business is authorized to receive program benefits. 1.4 "Agreement Expiration Date" means the date this Agreement ceases to be in force and effect. This Agreement shall remain in effect until IEDA receives written verification that all 11 units have been certified for occupancy. 1.5 "Application Approval Date" means the date, as identified above, on which the Director or Director's designee of the IEDA approved the Housing Business' Enterprise Zone application. 1.6 "Board' means the IEDA Board. 1.7 "Commission"or "Enterprise Zone Commission" means the Enterprise Zone commission established by the Community responsible for the certified Enterprise Zone. HEZ Format revised 3/2008 EZ Agreement # 13-HEZ7096 Page 2 1.8 "IDR" means the Iowa Authority of Revenue. 1.9 "Enterprise Zone" means the site within the Community certified by the Board for the purpose of attracting private investment. 1.10 "Project" means the activity, or set of activities, described in this Agreement and the Enterprise Zone application approved by IEDA. 1.11 "Project Completion" means the date of completion of construction or if this Project involves rehabilitation, the date all improvements included in the Project are completed. ARTICLE II ENTERPRISE ZONE BENEFITS 2.1 Benefits. The following Enterprise Zone benefits authorized by the Act and IEDA administrative rules are available to the Housing Business under this Agreement: (a) Investment Tax Credit. The Housing Business may claim an investment tax credit up to a maximum of 10 percent of the new investment which is directly related to the building or rehabilitating of the units stated in Article IV, Section 4.1 of this Agreement. New investment which is directly related to the building or rehabilitating units includes the following costs: land, surveying, architectural services, building permits, inspections, interest on the construction loan, building materials, roofing, plumbing materials, electrical materials, amounts paid to subcontractors for labor and materials provided, concrete, labor;; landscaping, appliances normally provided with a new home, heating and cooling equipment, millwork, drywall and drywall materials, nails, bolts, screws, and floor coverings. New investment does not include the machinery, equipment, hand or power tools necessary to build or rehabilitate homes. The new investment that may be used to compute the tax credit shall not exceed the new investment used for the first one hundred forty thousand dollars of value for each unit. In determining the tax credit, new investment financed through federal,; state, and local government tax credits, grants, and forgivable loans shall not be included. The tax credit may be used to reduce tax liabilities imposed under Iowa Code chapter 422, Division II, Division III or Division V or under Iowa Code chapter 432. Any credit in excess of the tax liability for the tax year may be credited to the tax liability for the following seven years or until depleted, whichever occurs earlier. If the business is a partnership, subchapter S corporation, limited liability company, or estate or trust electing to have the income taxed directly to the individual, an individual may claim the tax credit allowed. The amount claimed by the individual shall be based upon the pro -rata share of the individual's earnings of the partnership, subchapter S corporation, limited liability company, or estate or trust. Transferable replacement tax credit certificates may be issued by the Authority to projects as described in Iowa Administrative Code 59.8(2)a.(8) and Iowa Administrative Code 59.8(2)a.(9): (i) Approved housing development projects using low-income housing tax credits authorized under Section 42 of the Internal Revenue Code and as described in Iowa Administrative Code 59.8(2)a.(8). (ii) Approved housing development projects located in a brownfield site as defined in section 15.291 or housing development projects located in a blighted area as defined in section 403.17 and as described in Iowa Administrative Code 59.8(2)a.(9). The Authority shall not issue more than three million dollars worth of transferable tax credits for housing developments that are located in a brownfeld site as defined in section 15.291 or housing developments located in a blighted area as defined in section 403.17 in a calendar year. The Authority shall not issue more than one million five hundred thousand dollars in tax credit certificates for transfer to any one eligible housing Format revised 10/2005 EZ Agreement # 13-HEZ-096 Page 3 business assisted in a brownfield site as defined in section 291 or in a blighted area as defined in section 403.17. (b) Refund Of Sales, Service And Use Taxes Paid To Contractors Or Subcontractors. The Housing Business is eligible for a refund of sales, service and use taxes paid by an eligible business, including an eligible business acting as a contractor or subcontractor as authorized in Iowa Code section 15.331A. (i) The Housing Business may apply for a refund of the sales and use taxes paid under Iowa Code chapters, 422 and 423 for gas, electricity, water or sewer utility services, goods, wares, or merchandise, or on services rendered, furnished, or performed to or for a contractor or subcontractor and used in the fulfillment of a written contract relating to the construction or rehabilitation of the units within the Enterprise Zone. (ii) Taxes attributable to intangible property and furniture and furnishings shall not be refunded. To receive a refund of the sales, service and use taxes paid to contractors or subcontractors, the Housing Business must, within one year after Project Completion, make an application to the IDR. 2.2 Duration Of Benefits. The Enterprise Zone designation shall remain in effect for ten years following the date of certification. Any state incentives or assistance that may be conferred must be conferred before the designation expires. However, the benefits of the incentive or assistance may continue beyond the expiration of the Enterprise Zone designation. ARTICLE III REPRESENTATIONS AND WARRANTIES OF BUSINESS To induce the Authority and the Community to authorize Enterprise Zone benefits referred to in this Agreement, the Housing Business represents, covenants and warrants that: 3.1 Authority. The Housing Business is a corporation duly organized and validly existing under the laws of its state of incorporation and is in good standing, and has complied with all applicable laws of the State of Iowa. The Housing Business is duly authorized and empowered to execute and deliver this Agreement. All action on the Housing Business' part (e.g. where required, appropriate resolution of its Board of Directors) for the execution and delivery ohhis Agreement, has been effectively taken. 3.2 Business Information. All written financial statements and related materials concerning the Housing Business and the Project provided to the Authority and the Community are true and correct in all material respects and completely and accurately represent the subject matter thereof as of the effective date of the statements and related materials, and no material adverse change has occurred since that date. 3.3 Application. The contents of the application the Housing Business submitted to the Authority for Enterprise Zone program benefits (Attachment A) is a complete and accurate representation of the Housing Business and the Project as of the date of submission and there has been no material adverse change in the organization, operation, business prospects, fixed properties or key personnel of the Housing Business since the date the Housing Business submitted its application to the Authority. The application and any requested changes must be approved in writing by the local enterprise zone commission prior to acceptance by the Authority. 3.4 Claims And Proceedings. There are no actions, lawsuits or proceedings pending or, to the knowledge of the Housing Business, threatened against the Housing Business affecting in any manner whatsoever its rights to execute this Agreement or to otherwise comply with the obligations of the Housing Business contained under this Agreement. There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or administrative authority pending or, to the knowledge of the Housing Business, threatened against the Housing Business or affecting the Housing Business' ability to proceed with the Project. 3.5 Permits. All necessary permits have been issued or will be applied for in a timely manner with reasonable expectation that they will be issued. Format revised 10/2005 EZ Agreement # 13-HEZ-096 Page 4 ARTICLE IV CONDITIONS TO RECEIPT OF ENTERPRISE ZONE BENEFITS The Enterprise Zone Benefits authorized under Article II of this Agreement are available to the Housing Business provided the Housing Business, (and where applicable, the Community) satisfies each of the following conditions: 4.1 Build or Rehabilitate. The Housing Business must rehabilitate (rehab) 11 multi -family units in the Waterloo EZ -8 Enterprise Zone. 4.2 Modest Homes. The single-family homes and dwelling units which are rehabilitated or constructed by the Housing Business shall be modest homes or units, but shall include the necessary amenities. When completed and made available for occupancy, the single-family homes and dwelling units shall meet the United Sates Authority of Housing and Urban Development's housing quality standards and local safety standards. 4.3 Completed within Two Years. The Housing Business shall complete its building or rehabilitation within two years from the.time the Housing Business begins construction or rehabilitation of the units described in Section 4.1. 4.4 Records And Accounts. The Housing Business shall maintain information, books, records, documents and other evidence concerning the Project, in sufficient detail to permit the Authority and the Community to assess compliance with the terms of this Agreement. The Housing Business shall retain the aforementioned records for a period of three (3) years from the Agreement Expiration Date. 4.5 Access To Records/Inspections. The Housing Business shall, upon prior reasonable notice and at any time (during normal business hours), permit the Community and its representatives and the Authority, its representatives or the State Auditor to examine, audit and/or copy: (i) any plans and work details pertaining to the Project, (ii) all of the Housing Business' books, records and accounts relating to the Project, and (iii) all other documentation or materials related to this Agreement. The Housing Business shall provide proper facilities for making such examination and/or inspection. Records of the Housing Business furnished to the Authority in connection with this Project are subject to the provisions of Iowa Code chapter 22 and administrative rules adopted by the Authority concerning public records and requests for confidential treatment of records. 4.6 Notice Of Proceedings. The Housing Business shall promptly notify the Community and IEDA of the initiation of any claims, lawsuits, bankruptcy proceedings or other proceedings brought against the Housing Business which would adversely impact the Project. 4.7 Reports; Community Monitoring/Reporting. (a) The Housing Business shall prepare, sign and submit the following reports: Report Due Date Annual Certification January 30 The Housing Business shall, for the length of its designation as an Enterprise Zone business, certify annually to the Community and the Authority its compliance with the requirements of the Act. The Housing Business shall use the form provided by the Authority for its annual certification. Documentation of compliance with the conditions detailed in Article IV shall be included with the annual certification. Format revised 10/2005 EZ Agreement It 13-HEZ-096 Page 5 4.8 Notice Of Business Changes. The Housing Business shall provide prompt advance notice to the Community and the Authority of any proposed change in the Housing Business ownership, structure or control which would materially and directly affect the Project. ARTICLE V DEFAULT AND REPAYMENT 5.1 Events Of Default. Enterprise Zone benefits described in Article II are only available to the Housing Business to the extent the Housing Business satisfies the conditions described in Article IV. Any of the following shall constitute an Event of Default under this Agreement: (a) Material Misrepresentation. If at any time any representation, warranty or statement made or furnished to the Authority or the Community by, or on behalf of, the Housing Business in connection with this Agreement shall be determined by the Authority to be incorrect, false, misleading or erroneous in any material respect when made or furnished. (b) Breach Of Agreement. If there is a failure of the Housing Business to comply with any of the covenants, terms or conditions contained in this Agreement. (c) Relocation Or Abandonment. If there is an abandonment of the Project and the Housing Business fails to renew the Project within the Enterprise Zone within 30 days. If the relocation or abandonment is due to a natural disaster (e.g. flood, tornado), the Housing Business shall have 120 days to renew the Project within the Enterprise Zone. (d) Insolvency Or Bankruptcy. If the Housing Business becomes insolvent or bankrupt, or admits in writing its inability to pay its debts as they mature, or makes an assignment for the benefit of creditors, or the Housing Business applies for or consents to the appointment of a trustee or receiver for the Housing Business or for the major part of its property; or if a trustee or receiver is appointed for the Housing Business or for all or a substantial part of the assets of the Housing Business and the order of such appointment is not discharged, vacated or stayed within sixty (60) days after such appointment; or if bankruptcy, reorganization, arrangement, insolvency, or liquidation proceedings or other proceedings for relief under any bankruptcy or similar law or laws for the relief of debtors, are instituted by or against the Housing Business and, if instituted against the Housing Business, is consented to, or, if contested by the Housing Business is not dismissed by the adverse parties or by an order, decree or judgment within sixty (60) days after such institution. 5.2 Notice Of Default. (a) From Authority. If, through the annual certification report or other means, the Authority has reason to believe the Housing Business is in default of the terms of this Agreement, the Authority will issue a written notice of default to the Housing•Business, setting forth the nature of the default in reasonable specificity, and providing therein a reasonable period of time, which shall not be less than 30 days from the date of the notice of default, in which the Housing Business shall have an opportunity to cure, provided that cure is possible and feasible. A copy of any Notice of Default will also be provided to the Community and IDR. (b) From Community. If, through monitoring, auditing or other means, the Community has reason to believe the Housing Business is in default of the terms of this Agreement, the Community will issue a written notice of default to the Housing Business, setting forth the nature of the default in reasonable specificity, and providing therein a reasonable period of time, which shall not be less than 30 days from the date of the notice of default, in which the Housing Business shall have an opportunity to cure, provided that cure is possible and feasible. A copy of any Notice of Default will also be provided to the Authority and IDR. Format revised 10/2005 EZ Agreement tt 13-HEZ-096 Page 6 5.3 Repayment; Loss of Benefits. (a) Failure to meet/maintain requirements. If the Housing Business fails in any year to meet or maintain any one of the requirements of the Act, the Housing Business shall repay the value of the incentives received for each year during which it was not in compliance. (b) IDR recovery. Once it has been established, through the Housing Business' annual certification, monitoring, audit or otherwise, that the Housing Business is required to repay all or a portion of the incentives received, the IDR shall collect the amount owed. IDR has the authority, pursuant to the Act, to recover the value of state taxes or incentives provided under the Act. The value of state incentives provided under the Act includes applicable interest and penalties. ARTICLE VI GENERAL TERMS AND PROVISIONS 6.1 Compliance With Laws And Regulations. The Housing Business shall comply with all applicable State and federal laws, rules (including the administrative rules adopted by the Authority for the Enterprise Zone Program - 261 Iowa Administrative Code, chapter 59), ordinances, regulations and orders. 6.2 Termination. This Agreement may be terminated by the Authority or the Community: (a) in the event of an unremedied material Event of Default by the Housing Business under Article V of this Agreement; or (b) by mutual agreement of all parties. 6.3 Survival'Of Agreement. If any portion of this Agreement is held to be invalid or unenforceable, the remainder shall be valid and enforceable. 6.4 Governing Law. This Agreement shall be interpreted in accordance with the law of the State of Iowa, and any action relating to this Agreement shall only be commenced in the Iowa District Court for Polk County or the United States District Court for the Southern District of Iowa. 6.5 Modification. This Agreement may only be modified by a written document signed by all Parties. 6.6 Notices. 'Whenever this Agreement requires or permits any notice or written request by one party to another, it shall be in writing, enclosed in an envelope, addressed to the party to be notified at the address heretofore stated (or at such other address as may have been designated by written notice), properly stamped, sealed and deposited in the United States Mail. Any such notice given hereunder shall be deemed delivered upon the earlier of actual receipt or three (3) business days after posting. The Authority may rely on the addresses of the Housing Business and Community set forth heretofore, as modified from time to time, as being the addresses of the Community and Housing Business. 6.7 Waivers: No waiver by a party of any Event of Default hereunder shall operate as a waiver of any other Event of Default or of the same Event of Default on any future occasion. No delay on the part of a party in exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial exercise of any right or remedy by a party shall preclude future exercise thereof or the exercise of any other right or remedy. 6.8 Headings. The headings in this Agreement are intended solely for convenience of reference and shall be given no effect in the construction and interpretation of this Agreement. 6.9 Integration. This Agreement contains the entire understanding between the Community, Housing Business and the Authority and any representations that may have been made before or after the signing of this Agreement, which are not contained herein, are nonbinding, void and of no effect. None of the parties have relied on any such prior representation in entering into this Agreement. 6.10 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. Format revised 10/2005 EZ Agreement # 13-HEZ-096 Page 7 6.11 reference: Document Incorporated By Reference. The following document is hereby incorporated by (a) Attachment A, "Housing Business' Enterprise Zone Application." Due to its size, Attachment A will not be attached to this Agreement, but will be kept on file at the Iowa Economic Development Authority. It shall, nevertheless, be considered an incorporated element of this Agreement. 6.12 Order Of Priority. In the event of a conflict between documents of this Agreement, the following order of priority shall govern: (a) Articles 1 through 6 herein. (b) Attachment A, "Housing Business' Enterprise Zone Application." IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the Effective Date first stated: FOR THE COMMUNITY: FOR IEDA: City of Waterloo Signature Deborah V. Durham, Director Type or Print Name, Title FOR THE HOUSING BUSINESS: Park Avenue Lofts, LLC Type or Print Name, Title Format revised 10/2005 ATTACHMENT A Housing Business' Enterprise Zone Application Due to its size, Attachment A will not be attached to this Agreement, but will be kept on file at the Iowa Economic Development Authority. It shall, nevertheless, be considered an incorporated element of this Agreement. HEZ Format revised 3/2008 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-858 RESOLUTION APPROVING HOUSING ENTERPRISE ZONE PROGRAM AGREEMENT #13-HEZ-096 WITH IOWA ECONOMIC DEVELOPMENT AUTHORITY AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Housing Enterprise Zone Program Agreement #13-HEZ-096 dated October 21, 2013, for Enterprise Zone Waterloo EZ -8 in conjunction with the development of 11 multi -family units at the Masonic Temple building, by and between the Iowa Economic Development Authority, Park Avenue Lofts, LLC and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21st day of October, 2013. Ernest G. Clark, Mayor ATTEST: Suzy Sch City Cle k , CMC Mayor BUCK CLARK COUNCIL MEMBERS 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 CITY OF WATERLOOC IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 2914262 . NOEL C. ANDERSON, Community Planning & Derelopment Director CITY OF WATERLOO Council Communication City Council Meeting: October 21, 2013 Prepared: October 16, 2013 _:• Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving Development Agreement with Court Square Building Co. for the redevelopment of 620 Lafayette Street (Beecher Law Firm) for the expansion near the Main Street parking lot infill, creating a new minimum value for the building of $430,420, and tax rebates for 5 years at 100%, and authorize Mayor to sign and fully execute the document. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval of resolution as noted above Summary Statement: As you may recall, the Beecher Law Firm added a small addition onto their building at 620 Lafayette Street by fully enclosing the former "drive-thru" area that at once had a wall on one side, but was otherwise open from Lafayette Street. This addition was done in a compatible style to the rest of the building, giving them more office space, more usable space for their growing law firm and clientele. The attached agreement grants to them the standard 5 years at 100% for downtown rehabilitation work to an existing building. The agreement will raise their minimum value to $430,420, above the January 1, 2012 value of $393,690. This is another great example of a good infill development project in Downtown Waterloo, working to bring more employees, more customers, and more activity to Downtown Waterloo. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development Alternative: NA CITY WEBSITE: lw w.ci.waterioo.ia.as WE'RE WORKING FOR. YOU! An Equal Opportunity/Affirmative Action Employer Background Information: The addition/ infill project has created a better aesthetic storefront design along the Lafayette Street view, and will help to bring more usable space to an existing Waterloo business. BEECHER, HUGH M. FIELD JOHN R. WALKER, JR. RICHARD R. MORRIS THERESA E. HOFFMAN ERIC W. JOHNSON KEVIN D. AHRENHOLZ D. RAYMOND WALTON JOHN J. WOOD ADNAN MAHMUTAGIC COREY R. LORENZEN KATE B. MITCHELL KIRSTEN N. ARNOLD LAURA E. RANGE STEPHEN P. SKRAM FIELD, WALKER, MORRIS, HOFFMAN LAWYERS COURT SQUARE BUILDING — SUITE 300 620 LAFAYETTE STREET P. O. BOX 178 WATERLOO, IOWA 50704 TELEPHONE: (319) 234-1766 FAX: (319) 234-1225 October 14, 2013 o'S0 & ZQ OCT 1=; Noel Anderson Planning & Zoning Director 715 Mulberry Street Waterloo, IA 50703 & JOHNSON, P.C. Re: Court Square Building Tax Credits Dear Noel: W. LOUIS BEECHER (1921-2012) W. L. BEECHER (1891-1976) JOHN W. RATHERT (1932-2010) BRANCH OFFICE BY APPOINTMENT 508 N. HWY 218 LA PORTE CITY, IOWA 50651 TELEPHONE: (319) 342-4095 www.beecherlaw.com r ymorris(a beecherlaw.com s Le Enclosed please find signed and notarized documents per your request of October 11t. Thank you for your attention, cooperation and assistance in resolving these matters for us. It is greatly appreciated. If there is anything further we need to do, please let me know. I would assume that this tax credit process would begin with the taxes we have just paid in September of 2013. Please let us know what we need to do to receive back the tax credits for that time period and then also in March of 2014 and the ensuing years. If I need to appear at any city council meeting in conjunction with this matter, please let me know so that I make sure I'm in attendance on behalf of Court Square Building Company. Regards. RRM/ljb Enc. Very truly yours, Richard R. Morris for BEECHER, FIELD, WALKER, MORRIS, HOFFMAN & JOHNSON, P.C. +Established in 1918+ Prepared by Noel Anderson 715 Mulberry Street (319) 291.4366 DEVELOPMENT AGREEMENT Waterloo, Iowa 50703 This Development Agreement (the "Agreement") is made and entered into on , 2013, by and between Court Square Building Co. (the "Company") and the City of Waterloo, Iowa, (the "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, Company desires to redevelop part of the property (such part is referred to as the "Redevelopment site" and is described as set forth on Exhibit "A-1" attached hereto) at 620 Lafayette Street, legally described as set forth in Exhibit "A-2" attached hereto (the "Property"), which Property is located within the Downtown Renewal and Redevelopment Plan area, with the intention of making substantial improvements to the building on the portion depicted on Exhibit "B" attached hereto. NOW, THEREFORE, in consideration of the mutual promises exchanged herein, Company and City agree as follows: 1. Improvements by Company. Company owns and shall finish up existing space at an estimated improvement cost of over $170,000 (the "Improvement"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances. It is contemplated that the taxable value of the building (including real property assessment) will be approximately $430,000 upon completion of the Improvements. The Redevelopment Site, the Improvements, and all site preparation and development - related work to make the Redevelopment Site usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 2. Construction. The parties agree that Company's commitment to construct the Improvements in timely fashion constitutes a material inducement for the City to offer the Incentives to Company and that without said commitment City would not offer the Incentives. Company has completed improvements. 3. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Redevelopment Site. Company further agrees that prior to the date set forth in Section 2 of Exhibit "C" it will not cause a reduction in the taxable valuation for the Redevelopment Site, which shall be fixed for assessment purposes, below the amount of $430,420 ("Minimum Actual Value"), through: (i) willful destruction of the Redevelopment Site, the 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 said attached Exhibit "C" at the closing. 1. Tax Rebates. The City agrees to property tax rebates as follows: Year One - Year Two - Year Three - Year Four - Year Five - 100 %Rebate 100 % Rebate 100 % Rebate 100 % Rebate 100 % Rebate for any value over the January 1, 2012 value of $393,690. The taxable value of the property as a result of development must be increased by a minimum of 5% and 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 that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of 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 all phases of the Improvements and not a prior year for which the assessment is based solely upon the value of the Redevelopment Site or upon the value of the Redevelopment Site and a partial value of the Improvements due to partial completion of the Improvements or a partial tax year. 5. 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. 6. 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. 7. 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. 8. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight delivery 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 the Community Planning and Development Director. (b) if to Company, to Richard Morris, PO Box 178, Waterloo, Iowa 50704., Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 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, 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, and legal representatives. 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, together with the Minimum Assessment Agreement attached hereto as Exhibit "C", and all other exhibits hereto, 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. 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 COURT SQUARE BUILDING CO. By: Ernest G. Clark, Mayor Richard Morris, Treasurer Attest: Suzy Schares, City Clerk EXHIBIT "A-1" Description of the Improvements (see attached) ARTICLE 7. — SUPPLEMENTAL PROVISIONS For tax and depreciation purposes, the following is a breakdown of costs applicable to the base contract amount: Construction Plumbing Electrical Architectural& Engineering Cost (Less: Any Accrued Owner Payments Made to Date) Floor Coverings (see attachment to Agreement) Contract Sum Amount (see notes below) 1. Tax on furniture, under -counter, carpeting, bank and security equipment, signage, decorative, and window treatments is not included in contract sum. Alternates: 1. Electrostatic painting per specified list i 2. Demolition, wall prep, texture, paint, carpet three offices 3. New black quartz conference table top on existing base 4. Interior signage on granite wall e 5. Eliminate granite, furr out wall, sheetrock and paint e 6. Relaminate two 40" x 120" conference tables. 7. Furnishings (based on final selection by Owner) (to be attached to Agreement). $ 8. Exterior Signage / Awning " EXHIBIT "A-2" Description of the Property (see attached legal description) A part of Lot 1 in Block 14 in the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Commencing at the most Easterly corner of said Lot 1; thence Northwesterly along the Southwesterly line of Lafayette Street a distance of 94.6 feet to the center of a brick wall; thence Southwesterly along the center line of said brick wall to the Southwesterly line of said Lot 1; thence Southeasterly along the Southwesterly line of Lot No. 1 to the Northwesterly line of Fifth Street; thence Northeasterly along the Northwesterly line of Fifth Street. to the „place of, beginning. EXHIBIT "B" Site Plan (see attached building layout) rq ealletawadcn For: The Beecher Building CIO 0+ @2 0 'EP# A11 HOP 11111111111 � IRJ | /% yr __Fon Thc herk,w einesann Idarkaa kg K� EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT THIS MINIMUM ASSESSMENT AGREEMENT, dated as of this day of , 2013, by and among the CITY OF WATERLOO, IOWA, ("City"), Court Square Building Co. ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a Development Agreement (the "Agreement") regarding certain real property located in the City; and WHEREAS, it is contemplated that pursuant to said Agreement, the Developer will undertake the development of an area ("Project") within the City and within the "Downtown" Renewal and Redevelopment Plan area. WHEREAS, pursuant to Iowa Code section 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and building thereon pursuant to the 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 preliminary plans and specifications for the improvements which it is contemplated will be erected as a part of the development; NOW, THEREFORE, the parties to this Minimum Assessment Agreement, in consideration of the promises, covenants and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of renovations by the Developer on the property described in Exhibit "A-1" attached hereto, the minimum actual taxable value which shall be fixed for assessment purposes for the land and improvements to be constructed thereon by the Developer as a part of the development shall not be less than $430,420 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree the construction of the improvements have been substantially completed on or before December 1, 2012. 2. The Minimum Actual Value herein established shall be of no further force and effect and this Minimum Assessment Agreement shall terminate on December 31, 2022. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code section 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 Developer 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 Developer to contest its taxable valuations in full, commencing with the assessment of January 1, 2023. 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. 5. This Minimum Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. City of Waterloo, Iowa Court Square Building Co. By: By: t) Ernest G. Clark, Mayor Richard Morris, Treasurer Attest: Suzy Schares, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK On this day of , 2013, 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. Notary Public STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on l/2-4-tiobzy ) 1 2013, by Richard Morris as Treasurer of Court Square Building Co. LINDA BEGALSKE COMMISSION NO. 121573 M OMMIS ON EXPIRES Notary Public 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 than Four Hundred Thirty Thousand Four Hundred Twenty Dollars ($430,420.00). Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on , 2013, by , Assessor for Black Hawk County, Iowa. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-859 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH COURT SQUARE BUILDING CO. OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement dated October 21, 2013, for the redevelopment of 620 Lafayette Street (Beecher Law Firm) for the expansion near the Main Street parking lot infill, creating a new minimum value for the building of $430,420.00, and tax rebates for 5 years at 100 percent, .by and between Court Square Building Co. of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21st day of October, 2013. 14,6d7a./ Ernest G. Clark, Mayor ATTEST: uzy Scha es, CMC City Cler Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE TVard 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT Ar -Large CITY OF WATERL.DDq IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262. NOEL C. ANDERSON, Community Planning S De rlovnrent Dhvctor CITY OF WATERLOO Council Communication City Council Meeting: October 21, 2013 Prepared: October 16, 2013 -� Dept. Head Signature: Noel Anderson, Community Planning & Developmen ector # of Attachments: 1 SUBJECT: Resolution approving Development Agreement with R & S Commercial LLC for a new 5,200 square foot warehouse and office in the Rath area, valued at $240,000, with City acquisitions of 1027 and 1025 Sycamore Street at $169,000, with closing costs up to $10,000 and authorize Mayor and City Clerk to sign and fully execute any necessary documents. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval of resolution as noted above Summary Statement: As you may recall, the City of Waterloo has been working to create and re-create the former Rath neighborhoods from East 6th Street to East 18th Street. This agreement will help to further work towards housing revitalization on the blocks near the new 5 homes built by Black Hawk Contracting & Development, as well as help an existing Waterloo business expand and grow on industrial lots formed by the bankruptcy of the former Rath Packing Plant. This helps accomplish two goals in the Rath area — new business expansion and new housing development. The City will acquire the former SJ Construction sites on the block, with salvage rights (including ability to potentially move home) and demolish them for new housing development. SJ Construction will build a new warehouse and office on lots owned by City of Waterloo on Sycamore Street. Expenditure Required: $169,000, plus $10,000 in closing costs Source of Funds: Rath bonds, TIF cash, assessment grants Policy Issue: Economic Development Alternative: NA CITY WEBSITE: wwwwi.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Prepared by Noel Anderson 715 Mulberry Street Waterloo, Iowa 50703 (319)291.4366 DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is made and entered into this day of , 2006, by and between R & S Commercial LLC (the "Company"), Steven J. Santomauro and Rachel M. Santomauro, husband and wife (the "Company Principals"), and the City of Waterloo, Iowa (the "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, Company is willing and able to purchase real property and to develop a commercial building on property (the "Property") located in the Amended Rath Urban Renewal and Redevelopment Plan Area, which Property shall be specifically identified and legally described hereafter by addendum to this Agreement. NOW, THEREFORE, in consideration of the mutual covenants hereinafter contained, Company and City agree as follows: 1. Sale of Property; Improvements. Within three (3) years from the date of this Agreement, on a date to be determined hereafter by the mutual consent of the parties (the "Closing"), the City shall convey the Property to Company for the sum of $1.00. After conveyance, Company shall construct a commercial building consisting of approximately 5,200 square feet and related improvements (the "Improvements") on the Property. The Improvements are to be constructed in accordance with all applicable City, State, and Federal building codes and be in compliance with all applicable City ordinances and other applicable law. It is contemplated that the Improvements should have an estimated total project cost of $ 300,000. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". The Sale of Property shall follow this agreement by a Purchase Agreement for city -owned land as specified in Exhibit "A" between the City of Waterloo and R & S Commercial LLC. Land also specified for potential development in Exhibit that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Redevelopment Site. Company further agrees that prior to the date set forth in Section 2 of Exhibit "D" it will not cause a reduction in the taxable valuation for the Redevelopment Site, which shall be fixed for assessment purposes, below the amount of $252,510 ("Minimum Actual Value"), through: (i) willful destruction of the Redevelopment Site, the 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 said attached Exhibit "D" at the closing. 4. Other Development Incentives and Commitments. Because the Property is located in a designated Consolidated Urban Revitalization Area (CURA), the Property is eligible for tax exemption consistent with and to the extent provided for in Iowa law, provided that Company meets all requirements to qualify for such exemption. 5. Deeds. The City shall convey or cause to be conveyed fee simple title to the Property by special warranty deed, free and clear of all encumbrances 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 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 and other applicable law. Company and/or Company Principals shall convey or cause to be conveyed fee simple title to the Company Property by warranty deed, free and clear of all encumbrances 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 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 and other applicable law. 5.1. Abstracting. No less than fourteen (14) days prior to the anticipated date of conveyance of its respective property, a party shall, at its own expense, deliver to the other party an updated abstract of title. If title is unmarketable or subject to matters not acceptable to the recipient, the conveying party shall remedy or remove such objectionable matters in timely fashion following written notice of such objections from the other party. 6. Representations and Warranties of City. City hereby represents and warrants as follows: 3 delivery service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 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 its duly authorized representative, 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. 14. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 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, together with the Minimum Assessment Agreement attached hereto as Exhibit "C", 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 as of the date first written above. 5 EXHIBIT "A" Legal Description of the City Property 7 Exhibit "C" Legal description of Company property 9 2019. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code section 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 Developer 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 Developer to contest its taxable valuations in full, commencing with the assessment of January 1, 2020. 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. 5. This Minimum Assessment Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. City of Waterloo, Iowa R & S Commercial LLC By: By: Ernest G. Clark, Mayor Steve Santomauro, President Attest: Suzy Schares, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK 11 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 than Two Hundred Fifty Two Thousand Five Hundred Ten Dollars ($252,510.00). STATE OF IOWA COUNTY OF BLACK HAWK Assessor for Black Hawk County, Iowa Date ) ss. Subscribed and sworn to before me on , 2013, by , Assessor for Black Hawk County, Iowa. 13 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-860 RESOLUTION APPROVING DEVELOPMENT AGREEMENT WITH R & S COMMERCIAL LLC OF WATERLOO, IOWA AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Development Agreement dated October 21, 2013, for the development of a new 5,200 square foot warehouse and office in the Rath area, valued at $240,000.00, with City acquisitions of 1027 and 1025 Sycamore Street at $169,000.00, with closing costs up to $10,000.00, by and between R & S Commercial LLC of Waterloo, Iowa and the City of Waterloo, Iowa, be and the same is hereby approved, and the Mayor and City Clerk authorized to execute the same in behalf of the City of Waterloo, Iowa. PASSED AND ADOPTED this 21St day of October, 2013. ATTEST: cd' lL Ernest G. Clark, Mayor Suzy Schres, CMC City Clerk 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 rh>vi- Council Communication 'OM City Council Meeting: October 21, 2013 Prepared: October 17, 2013 Dept. Head Signature: # of Attachments: 5 COUNCIL Submitted by: Noel Anderson, Community Planning & Development Director 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 SUBJECT: Request to rezone approximately 1 acre from "R-2" One and Two Family Residence District to "R-2" "C -Z" Conditional Zoning District at 114 Monroe Street for the purpose of legally re-establishing an existing truck repair shop. Recommended City Council Action: That the City Council set a date of public hearing and publish an official notice pertinent to the requested site rezone. Summary Statement: The proposed rezone would comprise of 1 acre to be purchased by the applicant. The structure was built in 1961 before the adoption of the City of Waterloo's Planning and Zoning Ordinance, Ruan Trucking owned the site from 1999 to 2012 but vacated the building in 2012. The site was grandfathered in but has now lost that "Grandfather status" as it has been vacant for twelve months or more and is now considered an illegal use in the "R-2" One and Two Family Residence District. Therefore, this rezone request is an attempt to legalize a commercial use in a district that does not allow retail or any commercial uses. Staff is supportive of infill development and Smart Growth principles as outlined in the Comprehensive Plan. The proposed rezoning would work to re-establish a commercial presence in a vacant commercial building, while also limiting the commercial uses so it does not jeopardize or harm the residential neighborhood surrounding the site, The "C -Z" Conditional Zoning classification works to allow uses in unique locations or transitional sites between different land uses. This site is definitely unique in its history and location. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Rezone Alternative: N/A Background Information: Cc: Aric Schreoder, City Planner Noel Anderson- Community Planning and Development Director CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 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 HISTORY: BUFFERS/ SCREENING: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: R-2 to R-2, C -Z at 114 Monroe October 1, 2013 Request to rezone approximately 1 acre from "R-2" One and Two Family Residence District to "R-2" "C -Z" Conditional Zoning District at 114 Monroe Street. Lockard Realty, 4501 Prairie Pwky, Cedar Falls, Iowa Request to rezone approximately 1 acre from "R-2" One and Two Family Residence District to "R-2" "C -Z" Conditional Zoning District at 114 Monroe Street for the purpose of legally re-establishing an existing truck repair shop. The site is predominately surrounded by residential uses with the exception of a convenience store zoned "C-2" Commercial District located to the immediate southwest. It would appear that rezoning of the property to "C-2, "C -Z" would not appear to have a negative impact on the area as the building has existed since 1961 without any noted issues. The site in question is served by Nevada, Monroe and Polk Streets, which are considered Local Streets. There are sidewalks along Nevada, Monroe, and Polk Streets and off street parking available therefore it would not appear that there would be a negative impact on the traffic in the area. There are no trails near the area to be rezoned. The proposed rezone area is currently zoned "R-2" One and Two Family Residence District and has been zoned as such since the adoption of the Zoning Ordinance No. 2479 in 1969. The surrounding area is comprised of "R-2" One and two family dwellings with the exception of a convenience store to the southwest. The homes in the area on average were built in the early 1950's. The existing structure was built in 1961. There will be screening required as a part of this request. The site includes an existing structure and there are no plans to expand the site with additional construction therefore it would appear that a drainage plan will not be needed at this time. The area to be rezoned is in the Zone C, which is not a special flood hazard area as established by the Federal Emergency Management Association (FEMA) Flood Insurance Rate Map dated July 3, 1985. Highland Crossing and Expo are located approximately 1/4 miles to the northeast of the site in question. Page 1 of 3 UTILITIES: WATER, SANITARY SEWER, STORM SEWER RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: R-2 to R-2, C -Z at 114 Monroe October 1, 2013 There is an 8" sanitary sewer line and a 21" storm sewer line as well as a 6" water line along Nevada and Monroe Streets. The Future Land Use Map designates this area as Low Density Residential. The proposed rezone would comprise of 1 acre to be purchased by the applicant. The structure was built in 1961 before the adoption of the City of Waterloo's Planning and Zoning Ordinance. Ruan Trucking owned the site from 1999 to 2012 but vacated the building in 2012. The site was grandfathered in but has now lost that "Grandfather status" as it has been vacant for twelve months or more and is now considered an illegal use in the "R-2" One and Two Family Residence District. Therefore, this rezone request is an attempt to legalize a commercial use in a district that does not allow retail or any commercial uses. Staff is supportive of infill development and Smart Growth principles as outlined in the Comprehensive Plan. The proposed rezoning would work to re-establish a commercial presence in a vacant commercial building, while also limiting the commercial uses so it does not jeopardize or harm the residential neighborhood surrounding the site. The "C -Z" Conditional Zoning classification works to allow uses in unique locations or transitional sites between different land uses. This site is definitely unique in its history and location. There is no platting required for this request. Therefore, staff recommends the request to rezone approximately 1 acre from "R-2" One and Two Family District to "R-2, C -Z" Conditional Zoning District for the purpose of re- establishing a commercial use at 114 Monroe Street be approved for the following reasons: 1. The proposed commercial use has existed at the site for 40 plus years and has not had a negative impact on the surrounding neighborhood. 2. The proposed rezoning would work to re-establish a commercial presence in a vacant commercial building, while also limiting the commercial uses so it does not jeopardize or harm the residential neighborhood surrounding the site. And subject to the following conditions: Page 2 of 3 October 1, 2013 1. That there be screening along the easterly property line from Monroe to Polk Street. 2. That the office/ trailer be removed from the site as mobile trailers are not allowed outside of the mobile trailer parks in the City of Waterloo. R-2 to R-2, C -Z at 114 Monroe Page 3 of 3 114 Monroe Street — Rezone R-2 to C-2, C -Z Looking at the front of the property along Monroe Street. Looking at existing residential uses located across Monroe Street to the north. Looking at the rear of the property from Polk Street. Looking west of the property at a vacant lot and an existing railroad line. City of Waterloo Planning, Programming and Zoning Commission October 1, 2013 114 Monroe Street Rezone R-2 to C -2,C -Z Lockard Realty PO'NA STATE UAC ASSOCIATION Cada' Sorb, No. 21.2 R,..,..r,., nw,•t. ,, Stara., m„. r9an FOR THE teem. EFFECT OF THE use OF THIS FORM, CONSULT smug LAWYER CAVEAT, Sell,, shaold determine the Septet, if any. of Federal Regula- tions as fo Consumer Credit test nimlosarc elan fhls particular iramadlan. REAL ESTATE CONTRACT (SHORT FORM) 315ffgreeeb between James S. Newman and Evelyn Newman husband and wife, of Black Hawk County, Iowa, Sellers and Bus, Incorporated, c oZpnL'a ti.QIl_ County, Iowa, Buyers: an Iowa That Sellers hereby ag•ee to sell and Buyers hereby agree to buy the real estate situated in Black Hawk County, Iowa, described as: Lot 1, Block 6, Pitcher's Addition, an Official Plat included in and forming a part of the City of Waterloo, Iowa, Subject to all easements and restrictions of record, and a lease in favor of Iowa Warehouse Company far with all easements and servient estates appurtenant therein. upon the following terms: I. TOTAL PURCHASE PRICE for said property is the- sum of Fifty-one Thousand and Aoll00 -- 51,000.00 } of which _ _.(,e:d{;Jl._T_holypnd and r- if Dollars {$.11.,000..O0___- has been paid herewith, receipt of which is hereby acknowledged by Sellers; and Buyers agree to osy ?re be,once to Sellers at re:iderce of Se".er„ or as directed by Sellars. as follows: Your Thousand Five Hundred ($4,500) Dollars on December 1, 1971, and Four Thousand Five :fundred ($4,500) Dollars on the first day of December of each snccooding year thereat t-.::: until all sums due under this contract are paid in full. On and after January 1, 1971, Buyers shall be entitled to prepay all or any portion of the unpaid balance of the purchase price provided, however, that a five (5%)percent penalc- shall be applied to the amount of any such prepayments, 2. INTEREST. Buyers agree to pay interest from_S^vember 30, 1_970 the rate of 7 per 'ent per annum, pr., able --loon the uheaif balances, at n the firs! dayof armaflt on the first day of March, 1971, and o full. earn third month chercf ter until paid in TAXES. L,;_e�„a.; .::,gta-'=r .rem•s-a.'-aa�.ac1_ay .'-sl said premises. 191.4_ POSSdSSION. Sellers agree to give Buyers possession of said premises on or before_Pgg_e_ta en 23,__ S. INSURANCE. Sellers agree to carry existing insure -we_ --aril date of possession and Buyers agree to accept the in sure, cc recovery instead of replacing or repairing buildings c r improvements. Thereafter until final settlement, Buyers agree to keen tha improvements upon said premises insured ane :'r^ less by fire, tornado and erten tad coverage for a sum not less Than $__ or the balance owing under this contract whichev=er is less, with insurance payable to Sellers and Buyers as their interests may appear, and to deliver uc'icies therefor to Sellers. ABSTRACa, Sellers agree to forthwith denser to ".::sere for 're r e. oninalien abstract of title to said pram - continued r dote of is contact show/mg merchers tie title n art ordance with Iowa Title Standards. After exe....laalion by n the abstract shallpbe held by Sellers delivery of dead. Sellers agree to pay for any ad - occurring before deliver, of deed. - oral 'r_c.n _, . .,inch may be required by =_tt,, omissions,death or incomes -army of Sellers, or either of them, d,ac 7. FIXTURES. Ail light fixtures. electric service cable and apparatus, shades, rods, blinds, venetian blinds, awn- iocs, storm C screen doors and windows. attached linole..:m, attached carpeting, water healer, v out- side TV lover and antenna, attached fencingend gates,_ water softener, d i.fures are a cart of the real estate and are included in phi sale jacks, treel, shrubs and flowers and any other attached escort :1,t .Fes br The lex i00fi:., i_rikl_-Af.r . ..: - Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-861 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF LOCKARD REALTY OF CEDAR FALLS, IOWA TO REZONE APPROXIMATELY 1 ACRE OF LAND LOCATED AT 114 MONROE STREET FROM "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "R -2,C -Z" CONDITIONAL ZONING DISTRICT, AS NOVEMBER 4, 2013, AT 5:30 P.M. IN THE COUNCIL CHAMBERS IN CITY HALL AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Council Chambers in the City Hall in the City of Waterloo, Iowa, at 5:30 p.m. on the 4th day of November, 2013, for the purpose of considering and acting upon an application of Lockard Realty of Cedar Falls, Iowa to rezone approximately 1 acre of land located at 114 Monroe Street from "R-2" One and Two Family Residence District to "R -2,C -Z" Conditional Zoning District, and legally described as follows: Lot 1, Block 6, Pitcher's Addition, an Official Plat included in and forming a part of the City of Waterloo, Iowa. Subject to all easements and restrictions of record, and a lease in favor of Iowa Warehouse Company. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the City Clerk is hereby directed to publish Notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 21st day of October, 2013. ATTEST: Suzy Sc es, CMC City Clerk est G. Clark, Mayo CITY OF WATERLOO Council Communication City Council Meeting: October 14, 2013 Prepared: October 21, 2013 Dept. Head Signature: # of Attachments: 1 SUBJECT: Ordinance Change — Decreasing Speed Limit to 35 MPH San Marnan Drive — from W. Fourth Street to Ansborough Avenue Submitted by: Sandie Greco Traffic Operations Superintendent Recommended City Council Action: Approve Ordinance Summary Statement: With the relocation of San Marnan Drive in the area mentioned above the speed limit should be lowered from 45 MPH to 35 MPH because of the planned residential area. Expenditure Required: Source of Funds: Policy Issue Alternative Background Information: ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY ADDING SUBSECTION (2) SAN MARNAN DRIVE TO SECTION 541A, DECREASING SPEED LIMITS IN CERTAIN AREAS: BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Section 541A, Decreasing Speed Limits in Certain Areas, of the 2008 Traffic Code, is hereby amended, and San Maman Drive is added and enacted as follows: (2) San Maman Drive — from W. Fourth Street to Ansborough Avenue 35 mph PASSED AND ADOPTED by the City Council this day of October, 2013, and approved by the Mayor this day of October, 2013. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Cleric Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5184 AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY ADDING SUBSECTION (2) SAN MARNAN DRIVE TO SECTION 541A, DECREASING SPEED LIMITS IN CERTAIN AREAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Section 541A, Decreasing Speed Limits in Certain Areas, of the 2008 Traffic Code, is hereby amended, and San Marnan Drive is added and enacted as follows: (2) San Marnan Drive - from W. Fourth Street to Ansborough Avenue 35 mph INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: October 21, 2013 October 21, 2013 October 21, 2013 October 21, 2013 PASSED AND ADOPTED this 21st day of October, 2013. ATTEST: Ernest G. Clerk, Mayor Suzy Sch r s, CMC City Clerk CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5184 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 21st day of October, 2013. 2013. Witness my hand and seal of office this 21St day of October, u y Sc City Clerk es, CMC STATE OF IOWA, Black Hawk County I do solemnly swear that the annexed copy of 1429675 ORDINANCE NO. 5184 AN ORDINANCE AME notice was published in the WATERLOO/CEDAR FALLS a daily newspaper printed in WATERLOO, Black Hawk County, Iowa, for 1 issues commencing on 02/18/2014, in the issues of 02/18/2014 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 $10.41 Subscribed and sworn to before me this a� Not day of y Public Received of the sum of Dollars in full for publication of the above invoice. Notary Seal: •,JODI E MCKINSTRV COMMISSION N0.78.^^.452' " MY COr 1' pt>�IRE: or,.` .i COURIER -, OANOsRDINANCE NO4 2008 TRAFFIC CODE BYIA ADDING SUBSECTION (2) SAN MARNAN DRIVE TO SECTION 541A, DECREAS 1 ING SPEED LIMITS IN CERTAIN AREAS DE IT ORDANED BY THE CITY COUN CIL OF THE CITY OF WATERLOO,: IOWA Thal Secllon 5414, Decreasing Speed. Limits In Certain Areas, of the 2008 Traf tic Code, is hereby amended, and San Mfollows,arnan Drive iswdded end enacted asiI (2) San Marnan Dive, from W Fourth NITRODUCED:ro gb` Obe cior2l, 2013I PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: 2013 PASSED 3rd CONSIDEERATION: t 2013 OctobPTEDtheisr 21s21,.2013. day PASSED AND ADOt of:October, 2013,.1. ATTEST: Ernest G, Clark, Mayor. City Suzy Clerk Schares, CMC CITY OF WATERLOO Council Communication City Council Meeting: October 21, 2013 Prepared: October 15, 2013 Dept. Head Signature: # of Attachments: SUBJECT: Submitted by: Request to set date of hearing for the rental of Three (3) Motor Graders to support snow operations Mark Rice, Public Works Director Recommended City Council Action: Approval Summary Statement: Rental of three (3) additional motor graders to support snow operations Expenditure Required: Estimated $5500 per month, per unit Source of Funds: Road Use Tax Fund Policy Issue: NA Alternative: NA Background Information: Request the City Council adopt resolutions to preliminarily approve the request for the bid document and specifications for the rental of three (3) motor graders to support snow operations and instruct the City Clerk to publish notice of hearing on bid document, specifications etc, as November 12, 2013. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-862 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE RENTAL OF THREE (3) MOTOR GRADERS TO SUPPORT SNOW OPERATIONS. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Public Works Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Rental of Three (3) Motor Graders to Support Snow Operations, in the City of Waterloo, Iowa, and WHEREAS, said Public Works Director did file said specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Rental of Three (3) Motor Graders to Support Snow Operations. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Rental of Three (3) Motor Graders to Support Snow Operations, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 21st day of October, 2013. est1( lark, Mayor ATTEST: Suzy S.! =--res, CMC City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2013-863 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE RENTAL OF THREE (3) MOTOR GRADERS TO SUPPORT SNOW OPERATIONS, IN THE CITY OF WATERLOO AS NOVEMBER 12, 2013, AT 5:30 P.M. AT CITY HALL COUNCIL CHAMBERS, WITH THE TAKING OF BIDS THEREFORE, AND INSTRUCTING THE CITY CLERK TO PUBLISH THE NOTICE OF HEARING. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: Section 1. That the Council of the City of Waterloo, Iowa, shall meet at the City Hall Council Chambers in the City of Waterloo, Iowa, at 5:30 p.m. on the 12th day of November, 2013, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract, etc., in conjunction with the Rental of Three (3) Motor Graders to Support Snow Operations, in the City of Waterloo, with the taking of bids therefore. Section 2. That the City Clerk is hereby directed to publish notice of the time and place of said hearing in the Waterloo Courier. PASSED AND ADOPTED this 21st day of October, 2013. 45V est G. lark, Mayor ATTEST: Suzy Sc +a )es, CMC City Clerk CITY OF WA I'ERLOO Committee Communication Human Resources Committee Meeting: October 21, 2013 Prepared; October 15, 2013 Dept. Head Signature; Eric Thorson # of Attachments: 1 SUBJECT: CONCRETE PAVEMENT PATCHING ON 1380 Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: Receive and place on file as information for the City Council. Summary Statement The IDOT is letting a patching contract in March for repairs to 1380 from 180 to US 218 in Waterloo. The project is proposed to be constructed in 2014 with some of the work occurring within the city limits. Expenditure Required NA Source of Funds NA Policy Issue NA Alternative NA Background Information: y.FCE 'IED OCT 0 7 2013 14-, Iowa Department of Transportation District 6 Office 319-364-0235 5455 Kirkwood Blvd. SW FAX: 319-364-9614 Cedar Rapids, IA 52404 jim.schnoebelen@dot.iowa.gov October 4, 2013 The Honorable Buck Clark Mayor of Waterloo 715 Mulberry Street Waterloo, IA 50703-5783 Dear Mayor Clark: County Johnson Project No, IMN-380-6(265)0--0E-52 Notification Letter No, 2014-M-159 RE: Portland Cement Concrete (PCC) Patching on 1-380 This is official notification to your City Council that the Iowa Department of Transportation (DOT) proposes to let a PCC patching project on 1-380 from I-80 north to U.S. 218 in Waterloo on March 18, 2014. A part of said project lies within the city. The work will be done in accord with the current Form 810034 "Agreement for Primary Road Extension Maintenance and Operation". Project costs will be paid from the Primary Road Fund and no charges will be made against the City. The project is proposed for construction during 2014. Resident Construction Engineer, Hugh Holak, of Manchester, Iowa, telephone number 563-927- 2397, will advise you of the contractor's proposed schedule when the information is available. We would appreciate this project notification being included on your next City Council meeting agenda as a matter of information for the Council members. If you have any questions concerning the work involved, please contact this office as soon as possible in order to expedite any possible changes. Sincerely, James R. Schnoebelen District Engineer -District 6 cc: Deanne Popp -Local Systems -Iowa DOT/Ames Hugh Holak, P. E. — RCE / Manchester CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 10/10/2013 Effective Date: 10/4/2013 Employment Date: 9/18/1989 To: City Council Members Re: Notice of Severance Department Waste Management Services Department Job TitlelClassification Collection System /Maintenance Supervisor This is to report that the employment of Keith Koarns with the City of Waterloo has been severed by reason of: ❑ Retired Disability Related ❑ No ❑ Yes ❑ Resigned O Termination El Other In accordance with City Policy, it is requested to allow payment which consists of the following: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 152 $ 32.80 $ 4,985.60 Vacation -Current 144 $ 32.80 $ 4,723.20 Usable Sick Leave 21 $ 32.80 (x) 25% $ 172.20 Frozen Sick Leave (x) 60% $ - Personal Hours 24 $ 32.80 $ 787.20 Comp Time Pay $ - Unscheduled Leave $ - Other Pay $ - Comments: ci yaij Jot / S7 Total Payment $ 10,668.20 Approved by Human Resour Routing: Original to Human Resources by Department Human Resources will forward original to City Clerk (Copy in Personnel File) Clerk's Office will forward copy of approved form to Department and Human Resources Council Agenda Date: ❑ Accruals ❑ Status 01.9 Date / 3 `—�`�--/ Date 10 1 1- ` 1 3 Updated 6/28/11 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, SEPTEMBER 10, 2013 YOUNG ARENA 125 COMMERCIAL STREET Chairman Kevin Evans called the meeting to order at 7:30 AM. Present: Mike Allen, Nancy Bamsey, Kevin Evans, Don Huff, Sharon Samec and Marvin Spencer. Staff present: Paul Huting, Bill Bachman, Chris Dolan James Bolger, Travis Nichols, Todd Derifield and Mark Gallagher. Also present: Gates Golf Pro Nate Lubs. Absent: Julie Koch-Hoth, Council Liaison Steve Schmitt, Tim Jamison, Waterloo Courier. Evans called for approval of the agenda. Motion by Samec, seconded by Bamsey to approve the agenda. Ayes: All. Nays: None. Evans called for approval of the 08/13/13 meeting. minutes. Motion by Bamsey, seconded by Spencer to approve the minutes. Ayes: All. Nays: None. Evans called for approval of the bills. Motion by Samec, seconded by Bamsey to approve the bills. Ayes: All. Nays: None. PARK COMMITTEE REPORT — Nichols reported that the Park Committee met on September 4 to review playground equipment proposals for Gates Park. Neighborhood Association representatives were invited. The committee voted to recommend acceptance of proposal from Boland Recreation of Marshalltown, Iowa. Motion by Spencer, seconded by Samec to approve proposal from Boland Recreation and forward contract to City Council. Ayes: All. Nays: None. SPORTSPLEX COMMITTEE REPORT — Gallagher reported that the SportsPlex Committee met on August 27 to review SportsPlex Operations Manual and Membership Handbook. Motion by Spencer, seconded by Bamsey to approve Sportsplex manuals. Ayes: All. Nays: None. 2014 MTW GOLF SPECIAL RATES — Bolger reported that we have been approached to participate in a promotional program through the Iowa PGA. This would feature the MTW'/ price special as previously approved for 2014. Bolger reported that all pros support the participation in the IPGA promotion. Nate Lubs, Gates Pro was present and voiced his support. Motion by Huff, seconded by Samec to include the MTW special in the IPGA promotional book. Ayes: All. Nays: None. STAFF UPDATES Arena — Chris Dolan Reported humidity control project bid opening is scheduled for September 16 City Council meeting. Distributed Young Arena activities calendar and discussed upcoming events and programs. Reviewed plans for training and production operations for new scoreboard and sound system. Forestry/Turf — Todd Derifield Reported on landscaping/tree planting project for SportsPlex. Reviewed mowing and forestry operations. Corps of Engineers levee maintenance tasks have been assigned to our crews by Engineering Dept. Sports and SportsPlex — Mark Gallagher Reported plans to feature SportsPlex for Tour de too next month. Mayor's Fun Run plans were reviewed. Reported on Gaming Association award of $72,000 for field lighting at Danes complex. Facilities/ Projects —Travis Nichols Patio repairs being done at Gates pro shop. Reported installation of Prairie Pathways signs and trail extension design work at Riverview Recreation Area. Updated board on trail system inspection with City Engineer staff and re -bidding of Sullivan Park basketball improvements. Golf and Downtown Area— JB Bolger Byrnes Drainage Project, Phase III, work well underway in area from #11 pond through the Tennis Center. New Zamboni, skid loaders, and rough mower are being ordered. Retaining wall project at Gates golf course is complete. Junior golf meeting planned with WJGA and IGA. Allen requested measures be taken to improve water quality/remove algae on golf course ponds. Copper sulfate treatment being considered. The next regular Leisure Services Commission Meeting will be October 8, 2013 at the Byrnes Park office. Bamsey, Samec left at 8:15 a.m. Tour of Cedar Valley SportsPlex construction site Gallagher led tour with Evans, Huff, Allen, Spencer, Nichols, Jamison, Huting. Motion by Huff, seconded by Spencer to adjourn. Meeting adjourned at 9:05 AM. Signed this 8th day of October, 2013. Sharon Samec, Secretary AUDITOR'S COPY Board Approval /D "% 13 Council Approval /6 -;?/-J 3 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING September 10, 2013 The regular meeting of the Community Development Board was held at the Waterloo Center for the Arts, 225 Commercial Street, Waterloo, Iowa, and called to order by acting Chairperson Jeri Thornsberry at 4:00 p.m. on Tuesday, September 10, 2013. Members present: John Berry, Bob Reisinger, Maxine Tisdale, Jeri Thornsberryand Sajra Vunic. Members absent: Eric Johnson and Gary Rankin. Also present: Rudy Jones, Community Development Director, Nancy Gulick, Community Development Coordinator, Ann Northey, Administrative Secretary, and representatives from Mullin & Lonergan Associates: Marjorie Williams, Whitney Finnstrom and Patrick Hewitt. A. APPROVAL OF THE AGENDA. Acting Chairperson Thornsberry indicated Board packets were mailed prior to the meeting and requested changes or comments, noting the meeting location had changed to the Board Room instead of Peterson Town Hall. It was moved by Bob Reisinger and seconded by Sajra Vunic to approve the agenda as mailed. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR MEETING ON AUGUST 20, 2013. Acting Chairperson Thornsberry asked for changes or corrections to the minutes of the last regular meeting. It was moved by Bob Reisinger and seconded by Maxine Tisdale to approve the minutes of the regular meeting on August 20, 2013 as mailed. Motion carried. C. PUBLIC HEARING. Review and discuss FY2013 Consolidated Annual Performance and Evaluation Report. (CAPER). Acting Chairperson Thornsberry indicated the legal notice of the hearing was published in the Waterloo/Cedar Falls Courier on Sunday, August 25, 2013 and presented the affidavit for review. It was moved by Maxine Tisdale and seconded by Bob Reisinger to receive and place on file the affidavit for pr— 000f publication fox the Notice of -Public Hearing as published in the Waterloo/Cedar Falls Courier on Sunday, August 25, 2013. Motion carried. Acting Chairperson Thornsberry requested a motion to open the hearing. It was moved by Maxine Tisdale and seconded by Sajra Vunic to open the public hearing. Motion carried. Rudy Jones introduced representatives from Mullin & Lonergan Associates of Pittsburg, who will be preparing the Analysis of Impediments for Fair Housing Choice, the Five -Year Consolidated Plan and One - Year Action Plan for FY2015. Minutes September 10, 2013 Page 2 Marjorie Williams introduced her colleagues, Patrick Hewitt and Whitney Finnstrom and explained how they will be interviewing key contacts to see how the city is implementing their housing programs and study which programs are being funded. Acting Chairperson Thornsberry asked the Board is there were any questions, changes or recommendations for the draft of the Consolidated Annual Performance and Evaluation Report (C.A.P.E.R.). There were none, and it was noted there were no comments received from the public during the comment period. Acting Chairperson Thornsberry requested a motion to close the hearing. It was moved by Bob Reisinger and seconded by John Berry to close the public hearing. Motion carried. Acting Chairperson Thornsberry indicated a motion was required to submit the CAPER to the City Council on September 16, 2013 for approval and submission to HUD by September 30, 2013. Following discussion it was moved by Bob Reisinger and seconded by Maxine Tisdale to submit the CAPER document to the City Council as presented. Motion carried. D. OLD BUSINESS. 1. Single Family Unit Production — Round 2 Update (Dec. 31, 2012 extended June 30, 2013 — extension pending). Rudy Jones explained we are one unit away from completing Round 2. We are waiting for the closing to finalize and anticipate it will be yet this month. Acting Chairperson Thornsberry inquired if the extension date was extended to December 31, 2013 and Rudy Jones confirmed that the state has approved that time frame. 2. Single Family Unit Production — Round 3 Update (December 31, 2012 extended December 31, 2013). Rudy Jones explained we are moving ahead with the final units at the Summerland site. We still need to transfer the property at the Van Eaton site, hopefully by the first of October. We will begin advertising these properties soon. Planning and Zoning has approved the site plan for the Van Eaton area and it is going before the City Council with their public hearings. 3. Single Family Unit Production — Round 4 Update (March 15, 2013 Extended April 30, 2014). Rudy Jones stated Round 4 has 20 new units being developed. ICS at the Summerland site is securing funding for the new street work. Rooff Development working at the former Lincoln School site has his units up with work being finished up. Skogman is trying to break ground and get housing shells up so they can work through the winter. Rudy noted the State is encouraging us to finish up our projects so they can be closed out next year. 4. Neighborhood Stabilization Program — Round 3 Update (February 28, 2014). Rudy Jones indicated we are 95% complete with the three new construction units on Lafayette built by Rooff Development. Our punch lists have been reviewed several times and there are still items to be addressed by the developer. We do not want to start marketing the houses until some of these items are finalized Rudy explained new concerns keep popping up and some of these issues should not be coming Minutes September 10, 2013 Page 3 up with new construction. He noted a new homeowner would notice these things immediately. Staff has been checking the units once a week to stay on top of these issues. Acting Chairperson Thornsberry inquired if there was a clause in our contract that would allow for a penalty for non-performance? Rudy Jones indicated there is a non -monetary penalty. He noted for practical purposes the punch list and hydro -seeding is what needs to be addressed. They are 98% done and these are very obvious details that need to be corrected. Considerable discussion continued with concerns about the developer completing the requested tasks to finalize the contract. It was suggested the manufacturer should be contacted to see what could be done to finish the project and make these properties ready to be sold. It was suggested performance reviews should be completed on these projects. Nancy Gulick indicated the City owns these properties and that's why we want to make sure all the items are finished satisfactorily. Rudy Jones noted the demolition component of NSP3 is now complete. Acquisition of 1019 Lafayette Street is now progressing through City Council and we will then abate the property, separate the shared drive and give a portion to the owner at 1013 Lafayette and look at new development in the combined lots of 1019 and 1025 Lafayette. We also have conversations going on with the owner at 1005 Lafayette, and Code Enforcement has been there with some issues they are pursuing. This whole block will be cleaned up and improved with this funding. Rudy noted that once we get the final units up we will be prepared to close out NSP3 by the Spring of 2014. Board members were very pleased with the great progress in this area. E. NEW BUSINESS: 1. Endorse Rehabilitation Contracts for August 2013. (Copy attached) Acting Chairperson Thornsberry indicated the report was in the Board packet. It was moved by Maxine Tisdale and seconded by Sajra Vunic to endorse the Rehabilitation Contracts for August 2013. Rudy Jones explained his additional narrative about ratcheting up our customer service on these projects and noted the disciplinary measures taken with some contractors. John Berry inquired about a request last month on the one and done issue for rehabilitation assistance. Rudy Jones explained that we handled the case and determined the new owner would be eligible for assistance. Acting Chairperson Thornsberry stated it was suggested that staff should be able to discern these requests on a case-by-case basis, and only bring it to the Board if there are further questions. Other discussion continued on the time frame of 10 years verses 20 years for additional assistance on a property with the same homeowner. Minutes September 10, 2013 Page 4 Rudy Jones explained that these decisions depend on the number of clients on the waiting list, whether the property is in a target area, or if the repair is an emergency situation. Acting Chairperson Thornsberry indicated a motion has been made and seconded to endorse the rehabilitation contracts for the month of August 2013. Five Board members voted Aye. Nays: None. The Acting Chairperson declared the motion carried. 2. Subordination Request from Liberty Bank on forgivable loan for 1112 West Mullan Avenue — Lewis, Owner. Acting Chairperson Thornsberry reviewed the subordination request from Liberty Bank to issue a new loan to Nicholas Lewis of 1112 W. Mullan Avenue in the amount of $4,800.00 at 5.75% interest for 5 years. It was moved by Bob Reisinger and seconded by Maxine Tisdale to approve the subordination request from Liberty Bank. Motion carried. 3. Request to Release Forgivable Mortgage on the property at 306 Sherman Avenue. Rudy Jones explained Marilyn Wortham has requested a release of the forgivable loan at 306 Sherman Avenue. Her father, Jethro Davis, was the deedholder and passed away. Ms. Wortham was also named on the deed but did not live in the property at the time of the rehabilitation project. Acting Chairperson Thornsberry asked if the daughter and father were joint owners of the property when the deed was recorded. Rudy indicated they were, and she was power of attorney for his affairs, however, Mr. Davis was the only one who signed the mortgage for the forgivable loan. Acting Chairperson Thornberry reviewed the mortgage clause upon death of mortgagor. It was determined because the mortgage and the deed are two different documents, we do not have any legal recourse concerning the daughter's name on the deed. After considerable discussion, it was moved by Bob Reisinger and seconded by John Berry, to table action on this request until a determination could be obtained from the City Attorney. Motion carried. F. DISCUSSION ITEMS. Bob Reisinger inquired about the homeowner's evaluation concerning their relocation and a refrigerator being unplugged during their absence. Rudy explained the rehab staff and contractor didn't know about this situation until the comment form was returned. There have been other incidents at this property where the owners reported water had been left on outside, so we are trying to deal with these matters. The contractor indicated there was no work performed in the general area of the refrigerator. Staff was not aware this was even an issue and it makes it hard to follow up. If there was a power outage, insurance may cover this, and if the contractor is responsible, their insurance would cover the loss. Staff is checking into this matter to adequately address this issue. Minutes September 10, 2013 Page 5 G. ADJOURN MEETING. With no further business to come before the Board, the Acting Chairperson adjourned the meeting. Respectfully submitted, Bob Reisinger, Secretary Minutes September 10, 2013 Page 6 August 2013 Contracts signed janancy-g/rehab files/2014 rehab report -contracts signed by month CDBG Rehab Program NAME SPECIALIST NUMBER ADDRESS REPAIR CONTRACTOR CONTRACT DATE AMOUNT Justin Abernathy Janice & Garry Burns Total Matt Jon 1615 304 Moir St windows,wall & ceiling repair,roof SJ Construction 8/14/2013 26,999.00 1617 1127 Logan Ave roof,windows, wall & ceiling repair Brothers 8/7/2013 11,221.00 Down Payment Assistance NAME SPECIALIST NUMBER ADDRESS REPAIR Lending Institution CONTRACT DATE Total Emergency Repairs Program NAME SPECIALIST NUMBER ADDRESS REPAIR CONTRACTOR CONTRACT DATE AMOUNT Morgan & Paulette Pearson Sadie Mae Bell Dorothy Williams Total Jon Jon Matt 1126 1129 1130 2851 E. 4th St 432 Edwards St 213 Hope Ave electrical update plumbing -bathroom front stoop and step/sidewalk Art Carter Electric 8/2/2013 SJ Construction 8/14/2013 SJ Construction 8/23/2013 2,785.00 2,623.40 2,604.00 $ 8,012.40 EDI Energy Efficiency Program NAME SPECIALIST NUMBER ADDRESS REPAIR CONTRACTOR CONTRACT DATE AMOUNT Total HOME Rehabilitation Program NAME SPECIALIST NUMBER ADDRESS REPAIR CONTRACTOR CONTRACT DATE AMOUNT Janice & Garry Burns Christene Bigler Rhonda Bell Total Jon Jon Matt 1617 1127 Logan Ave 1621 207 Kothe 1622 431 Boston see above Datnroom pmmoing,wmaows, doors, wall & ceiling repairs windows, wall repairs. furnace, water heater Brothers Niedert ToJo 8/7/2013 15,753.00 8/29/2013 23,987.00 8/30/2013 24,597.00 $ 64,337.00 Lead Grant Program NAME SPECIALIST NUMBER ADDRESS REPAIR CONTRACTOR CONTRACT DATE AMOUNT Justin Abernathy Janice & Garry Burns Christene Bigler Rhonda Bell Matt Jon Jon Matt 1615 304 Moir St 1617 1127 Logan Ave 1621 207 Kothe 1622 431 Boston SJ Construction Brothers Niedert ToJo 8/14/2013 8/7/2013 8/29/2013 8/30/2013 8,000.00 8,000,00 7,105.00 4,850.00 Total $ 27,955.00 AUDITOR'S COPY MINUTES Board Approval �U Council Approval /D ,2/ -/ 3 COMMUNITY DEVELOPMENT BOARD CITIZEN INPUT NEEDS HEARING FOR FY2015-2019 FIVE-YEAR CONSOLIDATED PLAN SEPTEMER 10, 2013 Acting Chairperson Jeri Thornberry called the public hearing to order at 5:00 p.m. at the Center for the Arts, Peterson Town Hall, 225 Commercial Street, Waterloo, Iowa. Acting Chairperson Thornsberry welcomed participants and Board members to the meeting and stated the purpose of the hearing was to gain citizen input into the planning process for the FY2015-FY2019 Five - Year Consolidated Plan. Board Members present: John Berry, Bob Reisinger, Maxine Tisdale and Jeri Thornsberry. Board Members absent: Gary Rankin, Sajra Vunic and Eric Johnson Also present: Rudy Jones, Community Development Director; Nancy Gulick, Community Development Coordinator; Ann Northey, Administrative Secretary; Consultants, Marjorie Williams, Patrick Hewitt and Whitney Finnstrom of Mullin & Lonergan Associates, Inc. A. APPROVAL OF AGENDA It was moved by John Berry and seconded by Maxine Tisdale to approve the agenda. Motion carried. B. RECEIVE AND PLACE ON FILE AFFIDAVIT FOR PROOF OF PUBLICATION FOR NOTICE OF PUBLIC HEARING Acting Chairperson Thornsberry indicated a copy of the ad, published in the Waterloo/Cedar Falls Courier on Sunday, August 25, 2013 announcing the public hearing, was available for review. It was moved by Bob Reisinger and seconded by Maxine Tisdale to approve and place on file the affidavit for the notice published in the Waterloo Courier. Motion carried. C. MOTION TO OPEN PUBLIC HEARING: Acting Chairperson Thornsberry requested a motion to open the hearing. It was moved by Maxine Tisdale and seconded by Bob Reisinger to open the public hearing. Motion carried. D. HOLD HEARING: Acting Chairperson Thornsberry indicated the Mullin & Lonergan team would review their powerpoint presentation and discuss the development of the five-year plan. Consultant, Marjorie Williams of Mullin & Lonergan Associates, Inc. reviewed their presentation for the Community Development Block Grant Program and HUD's HOME Minutes September 10, 2013 Page 2 Programs for the Waterloo/Cedar Falls HOME Consortium. Ms. Williams explained the five- year Consolidated Plan is a regulatory requirement of HUD. We go through this process so that we may continue to receive funding for the CDBG and HOME programs. This particular plan will begin in Fiscal Year 2015 and runs through Year 2019. Ms. Williams indicated during this process they have met, and will continue to meet with various stakeholders that play a role in community development and housing in the cities of Waterloo and Cedar Falls. Ms. Williams stated the elements of the Five -Year Plan include a Housing and Homeless Needs Assessment, a Housing Market Analysis, a strategic plan that establishes what the cities' priorities will be over the next five years and an Annual Action Plan that focuses strictly on Federal Fiscal Year 2015 and the activities proposed to be undertaken during that fiscal year. HUD is placing a greater emphasis on the Housing Market Analysis now to see that the priority needs were driven by the Housing Market Analysis findings and not just what we think we need in the community. Ms. Williams noted we must make sure all activities being included in the cities' programs are eligible CDBG activities under the regulations. Housing rehabilitation is an eligible activity, providing assistance to prospective homeowners, public facilities and improvements, block grant funds can be used to remove blight, acquire and demolish property, and prepare sites for new development. Funds may be used in low-income neighborhoods to carry out code enforcement activities and on a limited basis, for economic development activities to preserve or create jobs. It may also be utilized for redevelopment activities including acquisition and disposition of real property. Lastly, 15% of your CDBG allocation can be utilized toward public services by health and human services agencies to address social needs of the community; such as employment, training, crime prevention, housing counseling, child care, and fair housing counseling and it must be a new service or an increased level of an existing service. Ineligible activities include political activities, construction of housing units by the city or operate and maintain public facilities or general government expenses, no purchase of equipment and no direct income payments. Ms. Williams explained the three broad National Objectives that we must meet. 1) At least 70% of the total non -administrative portion of the cities' block grant funds must benefit low - moderate -income persons or provide direct benefit. 2) Carry out activities designed to prevent or eliminate slums and blight with only 30% of the funds. 3) Activities designed to meet Urgent Needs, such as public health and safety for low-income persons. These activities can be carried out in specific or on an area -wide basis. Ms Williams reviewed statistics of the low -and -moderate income population in the Waterloo/Cedar Falls area, based upon 80% of the median income for the metro area. These figures are adjusted by household size, so a four -person household can earn up to $51,300 and be considered a low/moderate income resident of the city. In Fiscal Year 2015, Waterloo is expecting to receive $1,100,000 (estimated) in CDBG allocations and Cedar Falls will be receiving $266,000 (estimated). HOME funds expected is approximately $400,000 for the consortium. Ms. Williams asked if anyone had questions Minutes September 10, 2013 Page 3 concerning the city's housing and community development needs. HUD needs you to be specific to identify a need in the community. Ms. Williams also reviewed the requirements of the Analysis of Impediments for Fair Housing Choice, a document which is required every five years by HUD. She noted there is a difference between affordable housing and fair housing. Fair housing is the ability for people to chose where they want to live and what they can afford. This means in the community there needs to be a variety of housing choices, a variety of housing types at a variety of income levels. Basically no one can restrict access to housing on personal characteristics, race, religion, age, sex, familial status, disability or marital status. Numerous questions were reviewed on occupancy codes and public health safety and welfare of clients. Ms. Williams stressed the fact that you cannot filter the choices of clients as it could be considered a form of discrimination. Ms. Williams noted in speaking so far with various sources within the city, we have heard that Waterloo seems to have a strong desire to distribute affordable housing opportunities across the city, which is really what you want to do. Census data indicates areas of high poverty rates and high concentrations of minorities and you need to open up opportunities outside those neighborhoods for people who may want to move out, be in a safer neighborhood or send their children to a different school. Bob Reisinger commented on various ethnic groups locating to certain areas of the city. Ms. Williams indicated that steering of minority groups should not be considered. Ms. Williams noted the Fair Housing Laws are Federal laws and you are required to follow them. HUD is giving you the funds, but you must make sure you are compliant with the Federal regulations. Ms. Williams noted any comments received will be made part of the document, which will be available for public review and comment March 1, 2014. Further discussion turned to landlords and lending institutions, and fielding the statistics on their applicants and these lenders to review patterns for possible discrimination. Rudy Jones explained there is a consortium of the lending institutions to address these matters. John Berry expressed some concern with the process in getting information from key stakeholders in this process. Ms. Williams indicated the strategic planning HUD is requiring for this document is very limited and this is a very prescribed template that we must follow. We are contractually obligated to provide this document for the City. Maxine Tisdale expressed concerns with affordable housing expressly for women in transition. Minutes September 10, 2013 Page 4 Nancy Gulick, Community Development Coordinator explained there is transitional housing provided in Waterloo. The House of Hope, the Salvation Army, and there are other agencies. We do have Tenant Based Rental Assistance through Operation Threshold, which helps a tenant get into a safe and sanitary rental paying 70% of the first month's rent. There is a lease requirement for one year, which is a HUD regulation. Ms. Williams indicated she was not aware of any state or federal programs to address the problems of affordable housing for people in transition and this certainly speaks to the need. Board members agreed, that projecting out five years could be quite an endeavor. Ms. Williams reviewed the proposed schedule. The overall goal is to submit to HUD by May 15, 2014 so the program year can begin on July 1, 2014. During the course of the meeting, Acting Chairperson Thornsberry departed for another appointment. Bob Reisinger continued as Chair and asked for further comments. No further comments were received. E. CLOSE PUBLIC HEARING Acting Chair Bob Reisinger called for a motion to close the hearing. It was moved by John Berry and seconded by Maxine Tisdale to close the public hearing. Motion carried. F. MOTION TO ADVERTISE SUMMARY OF THE PROPOSED FY2015-FY2019 FIVE-YEAR PLAN AND FY2015 ONE-YEAR ACTION PLAN ON OR ABOUT MARCH 1, 2014 FOR A 30 -DAY COMMENT PERIOD AND AUTHORIZE A 2PUBLIC HEARING IN APRIL 2014 PRIOR TO SUBMISSION TO HUD. It was moved by John Berry and seconded by Maxine Tisdale to advertise the summary of the proposed FY2015-2019 Five -Year Plan and FY2015 One -Year Action Plan for a 30 - day comment period beginning March 1, 2014 and request a City Council hearing in April, 2014. Motion carried. G. ADJOURN Acting Chairman Reisinger thanked everyone for-attenmlingaird with no furtherbusiness adjourned the meeting. Respectfully submitted, Bob Reisinger, Secretary An Equal Opportunity/Affirmative Action Employer 0 (U U U O o. 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SUBDRAIN OUTLET IRF -19C) ISTORM SEWER GRAVITY MAIN TRENCHED REINFORCED CONCRETE • PIPE (RCP), 2000D (CLASS 10), 15 IN, CONNECTION TO EXISTING INTAKE SUBDRAIN LONGITUDINAL (SHOULDER) 4 IN. DIA. INTAKE, SW -511 MODIFIED INTAKE, SW -541 INTAKE SW -541 MODIFIED '.. INTAKE EXTENSION UNIT SW -542 INTAKE, SW -545 DROP CONNECTION, SW -302 MANHOLE ADJUSTMENT MINOR MANHOLE ADJUSTMENT MAJOR CONNECTION TO EXISTING MANHOLE INTAKE SW -510 INTAKE, SW -510 MODIFIED 'INTAKE SW -508 INTAKE SW -508 MODIFIED PORTLAND CEMENT CONCRETE PAVEMENT SAMPLES GRANULAR SURFACING ON ROAD, CLASS B CRUSHED STONE REMOVAL OF CONCRETE FOOTINGS AS PER PLAN REMOVAL OF SIGN APRONS CONCRETE, 42 IN. DIA. MANHOLE SANITARY SEWER SWS01 48 IN. MANHOLE, SANITARY SEWER SW -303 48 IN. MANHOLE STORM SEWER, SW -001, 72 IN. MANHOLE STORM SEWER SW -401 96 IN. INTAKE, SW.507 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT CLASS C CLASS 3 DURABILITY 9IN. TOPSOIL FURNISH AND SPREAD SPECIAL COMPACTION OF SUBGRADE MODIFIED SUBBASE SHOULDER CONSTRUCTION EARTH EXCAVATION, CLASS 10 ROADWAY AND BORROW EXCAVATION CLASS 12 BOULDERS OR ROCK FRAGMENTS CLEARING AND GRUBBING CLEARING AND GRUBBING Item Description 2 < S T K K S 2 K iT r r T x S > D D _D SS_ _F F F _ F D _D F F F F F F _ Zy N 0> <y D A x w w '$ 8 8 w w w x 0g. 8 8 8 s n« n xwoag s$ 8 w w w s$ 8 w w u w w _uga$ s 8 s s 8 n« s 8 w m a o a x 8 u w e$ 8 8 www 0 8 a w u x w w w w sags$"sss 8 8 8 8 8 8 8 8 8 a a 8 8 a w 8 8 w w w a "" s s 8 8 u w a w w w at, s 8 8 8 8 8 w 8 w w a a 88a- s 8 s 8 w« 8 s u $ s 8 8 gc =a Ngm ma va o o = 0 — RevlseS Contract www» w 8 8$ w« a .. v v 8 8 8 8 8 88888 w w a ... w ... w 8 » N 8 w g 8 w -_ 8 ... w w a ---4--- w w w .. w w a» toso 's-sosmHmgggox s§sss sass - 8'888 8 8 8888888g888 »www a 8ss-FS 88888 a ....... -18 N 8 § es 8 8 8 8 8 8 8 w o Via- w 0 Division II (Fed. -Aid Water) w« w« w n w w a w u u« w n w n a» w w « w a x w w w w w w w a u w u n w w w a u x w x» to w n w a n n u n« w w Contract $ Amount 0 U a a w w w n n«« a w a w a x n«« a w » « www « a x» w w w w w w a a a w w w w w w w« a w w w w n 3' ° a goo m 0 3' ----- S 3330.00 $ 2000.00 $ 24.800.00 $ 8,51200 5s w w w u w w a a a x w w w www n w w w www n a w gg 8. g 88. w u w w» u w w a w w x» w w Contract $Amount 'vision IV Part. Sewer) a a w w- $ 8 g$ 8gtgg $ 3532.00 $ 2502630 3 1,193.00 $ 23184.00 $ 5,757.00 S 10,86800 w a w x« w w .« w v 8 ' 8 "w'2 S 8 s » w t 8 w 8 $ 8 w s 8 8 a _ m 8 x w w w a w w w w w« w w a a a w w w a w ..mmm _mm =gan ' 8 s 8 8 S s 8 8 S a s 8 s 8 8 s g' m 8' 88m 8888888888888888s8s$8888 w w w w w w m 8 s s o s a x g=8 8$ m88s88S8 w «www «« w 8- g H 8 s Revised Tot al Contract $Amount Division 1 (Fed -Aid Street) o w v w sc.'$so gg- - 8 8c -8 8 8 m " 8 u 8 8 a 8 94 560,00 9,97500 T 950.00 5300.00 3.050.00 8 25 00 6200.00 5.700.00 I 24,300.00'( 5400,00 9.000,00 80000 2 500.00 3,0.'0.00 2538040 4000.00 27,918.00 so 88 8 ms`EmaN 8888m8 a g 8 8 8 8 3 0 3 a w w u w w w w w m w w w w «www a w w w w w w w w a a w w w w w w w w x u w w w« w w a x w w w w x x w w w w w - Division II 1.AlIIWater) o Q I. Division IB (Non Part, Water) 6 w w a w w w w w u w w w n w w w u w w » u w w a a a w w w w a w w w w« w w w w n x w w w .n w w n w w a n« a u 3 o e D Z 888 8' 0. @@ 8 g 8s. S Amount Holston TV art San. Sewer) 1000,00 $ 22940.00 8120.00 320.00 E 101100 39121.00 $ 7500,00 3074.50 • 2242500 1193.00 3 23439.60 $ 5407.40 8800,00 32109.44 • 3310,50 180000 w a 8 8 8 a s 8 w 8 w s 8 a uu w w w w a w« w w w w w» u w u a a gg osH s'$s"$sa'$ EE0 8 8 8 8 8 ss 888888888888888 w w w a x p °"$8 2 8 w waw mggPmN; 888888888 » w a u w g Total $ Amount To Dale w$$mW X X X X $ X T' X 2'0$$$u$s'o T' T° de T° T° X X T' X ea A' X '$ X 2$$$8e88m$$$$8sse$$Ca$m X >' X X X 5 5 5 5 5 15 5 5 X 5 T' T° 5 u'.$s'm$io 5{ X X X 9 X n 3 = 0 m 3 0 m mo y2 x D o y m , m z yom n m D O m ~m y o z a m a n o y m azm mCy O i .4 C. t; 2,222222222221122C1112.21121121,21N022-2111-2111,112.111 TOTAL // 142. PRECAST RCP ELBOW (C.0.961 :COMBINED CONCRETE SIDEWALK AND RETAINING (C.0.96) MODULAR BLOCK RETAINING WALL 10.0.$181 - ci i.', 2 g b CUT, STRIP, STOCKPILE AND PLACE SOD (CO. 111) SAN(TARY SEWER SERVICE STUB POLYVINYL CHLORIDE PIPE (PVC) 10,0.921 SANITARY SEWER CLEANOUT, SW -203 (C0.921 MANHOLE, STORM SEWER SW -402 (C.0#3) RESTOCKING FEE FOR 20DUCTILE WATER MAIN AND FIRINGS (C.03631 HMA COMMERCIAL MIX (INCLUDES ASPHALT BINDER) AS PER PLAN (COMO PIPE LINING SLIPLINING LESS THAN OR EQUAL TO 36 IN. DIA. (C.0.315) ADDITIONAL DETOUR SIGNING 0.0. 65) MOBILIZATION COST 3 -WAY STOP CONTROL M.O. 96) SIGNING FOR 3 -WAY STOP CONTROL (C.0.051 TRAFFIC CONTROL FOR OUTSIDE LANE CLOSURE ON US 63, TC -419 [C.0.95) WATER SERVICE RECONNECTION COPPER 1 IN. (C.0.9.5) iWATER SERVICE LINE, COPPER 1 IN. (C.O./MI REMOVAL AND REINSTALLATION OF FENCE, CHAIN LINK 'REMOVE AND REINSTALL SIGN AS PER PLAN WOOD POSTS FOR TYPE A OR B SIGNS, 4 IR X 41N. TYPE A SIGNS, SHEET ALUMINUM PAINTED PAVEMENT MARKING WATERBORNE OR SOLVENT -BASED PAINTED SYMBOLS AND LEGENDS, WATERBORNE OR SOLVENT -BASED TRAFFIC CONTROL FLAGGERS MOBILIZATION SPOT REPAIR BY PIPE REPLACEMENT. BY COUNT (CO. #5) SPOT REPAIR BY PIPE REPLACEMENT BY LINEAR FOOT (C.O. 951 WATER MAIN TRENCHED DUCTILE IRON PIPE (DIP). 6 IN. WATER MAIN TRENCHED DUCTILE IRON PIPE 1131P) 8 IN. WATER MAIN TRENCHED, DUCTILE IRON PIPE IOIPL 20 IN. 10.0,53) FITTINGS BY WEIGHT. DUCTILE IRON 1C.0,931 FIRE HYDRANT ASSEMBLY WM-201 REMOVE FIRE HYDRANT REMOVE WATER VALVE MANHOLES WATER SERVICE RECONNECTION COPPER, 3/4 IN, WATER SERVICE LINE, COPPER 3/4 IN. MOWING MULCHING WOOD CELLULOSE FIBER SEEDING AND FERTILIZING (URBAN) STABILIZING CROP -SEEDING AND FERTILIZING (URBAN) SILT FENCE REMOVAL OF SILT FENCE OR SILT FENCE FOR DITCH CHECKS MAINTENANCE OE SILT FENCE OR SILT FENCE FOR DITCH CHECK °ERIMETER AND SLOPE SEDIMENT CONTROL DEVICE 121N. DIA. REMOVAL OF PERIMETER AND SLOPE SEDIMENT CONTROL DEVICE MOBILIZATION EROSION CONTROL MOBILIZATION, EMERGENCY EROSION CONTROL ORDERS i„,-, 1 0 1 ' g . . g gi-£ 22;2az?e„ro;222;c T 500, -1 55 a 55 >555r5555,- 22;;;;2222,22220,-;;„„2S2,2;1„;2„; ar5 5r50a 5,- c -;; gtiggs; gs-'i.t,-,8'6' is a . 8 2 2 - 8 8 888 li'' gs gss th 8 2 g g8g 8' 8 22 —2- gggi 5g.i4g;s8(8' ci-rc-, 3 b.bb abbb ,(2 1 8 -. b b b b b b o b r. g g g ra3 E ! 'as: :* gl 0 » i g 2 ..«. g t 2222 .. a 2282 . g g, E . .. E z 2" '2 $ 5 5 204.10 7,065.00 7065.00 $ 1,099,00 $ 3.276.00 • 786.00 $ 250.00 5,021.10 • 1 834 80 $ 500.00 $ 1,000.00 ... .....».... 28 2882t22 2222222222' . g Division I 1. -Aid Street) bb b obbboo 0 g 88 1 ' " ". '88888' Contract $ Amount Division II 1. -Aid Water) Revised Contract b 8aa bob I i 0a 8, '888 Contract $ Amount wsion III Part. Water) 8 ag 8 gg 0 tr. 2 , § . ' Contract Amount vision tV ParL Sewer) $ 1,$93,160.59 a P ) oci t 8tL88888888g8288818 - • b g gM , ` .7. g Fe . ri 8 8 .. . . . - • 3. . 8 8 g 8 8 8 8 r . - P a . r ' , :a -. .. . b 2 2 2 2. 2 2 2 2 2, .2 !E' a § ig :) 88858888888888888'88 S., , -. 2 2 §8 a - ` - 4 ` - • . 88888 8888 r . a a 8 8 8 8 8 888 5 a _ — , bbo 8888 g g g g- ' i at'd b;:i .1' 0 I 1446,262.37 27,072.04 1,419,190.33 VISION kID STREET . $ 5667.20 $ $ 22,646.25 $ • 50)0.00 30250 8910 5 198.00 • 4,700.00 1 909.20 5 5 3250 5700.00 4.200,00 350.00 MIEN MEM. 4 556.00 • 60.00 2500.00 .. . m 88« 8 . 88: 1 Amount Division I I -Aid Sheet) „ « 8 V, 25,908.00 224.70 25,683,30 IISION II MO WATER aa. a 8 ' aa 8 „ 8 a; a Division II LL -Aid Water) • . , , g b 14,336.26 391.09 13,945.17 9SION II ERT. WATER 211 Division III n Pail Water) a a,..... I ligaaNd2,1 I I 5 8 za ;11 81888 55.58 MON IV T. SAN. SEWER a. a 8 a aaaaa aam ' $ Amount MUM t o o p 0 2 t 88t TOTAL PROJECT 88888888 88888 a aaa 8 888« S'J 8 8 8 888 8888888888 a 8 a .. 888£ 977.50 13(0.00 25 000.00 500.05 840.00 Total S Amount To Dale 5 7500.00 2400.00 2025.00 \, t ..§iT g r t..gL cig§ r§ ,222app8825828288.8r 28g8 2880800882I8 w502 .4 C. t; An Equal Opportunity/Affirmative Action Employer :Ag pano. ddy a;ea suogoni;sui leloads 0 w (9ELL8ELE66)9l H O v t» N V > .A J CO N —+ co J > CO :-.1 - cn corn CO -a C CO S 0) w 0 N 0 CO cn o 0 0 J v v (n O 0 O O N N 0 0 W G) a;e0 aolonul 3 O C) D < 0 S 0 Co (D o 0 ' N m N Z N 3 3 CD rn 0 0 0 0 0 N N 'p i Cp. .O -° 3 0' o 0 CD uognqu;sia q/0 C) 0 d CD o D CD N 2I81 -10110A 1NBWXVd Payment voucher prepared by: Pauline C OO'121a1VM JO A110 0 N CO > O > O N 501 Sycamore Street, Suite 222 a Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 COM Cost Plus Fixed Fee Progressive Invoice Date: October 3, 2013 Invoice No. 16 (9937381735) Invoice Period: 8/31/13 through 9/27/13 Consultant Job No. 60269847 Labor Dollars Overhead Direct Expenses Mileage Copies Survey Equipment Misc. Subtotal Subtotal Rounded Fixed Fee Authorized Contingency Total Authorized Amount Total Billed to Date Remaining Authorized Balance Unauthorized Contingency City of Waterloo, Iowa Donald Street Improvements U.S. Highway 63 to Mildred Street, Construction Phase Project No. STP -U-8155(714)--70-07 Invoiµce Contract Cumulative Estimate To Date $ 62,076.00 $ 64,673.18 99,321.60 100,932.76 Current Period $ 844.10 1,294.85 1,530.00 1,277.60 180.00 20.07 - 750.00 525.00 300.00 3,342.83 $ 164,157.60 $ 170,771.44 $ 2,138.95 164,160.00 20,980.00 20,980.00 7,000.00 $ 192,140.00 191,751.44 191,751.44 $ 388.56 $ /7//,/ 4,27, 27 Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 21 Par VN) ATTN : ERIC THORSON CITY OF WATERLOO WATERLOO WATERLOO, IA 50703 Invoice Date: 03 -OCT -13 Invoice Number: 9937381735 Agreement Number: TRN60186260 Agreement Description: STP -U-8155(714)--70-07 Please reference invoice Number and Project Number with Remittance Project Number : 60269847 Project Name : WAT-Donald St Construction Phase Engineering Bill Through Date : 31 -AUG -13 to 27 -SEP -13 Labor Multiplier Employee Name/Title Title/Expenditure Date Hours Rate Raw Cost Multiplier Billed Amt Lund, Theresa F Senior Technician 06 -SEP -13 15.00 31.00 465.00 O'Loughlin, David B Professional 06 -SEP -13 5.50 25.40 139.70 Ryan, Donald J Technician 06 -SEP -13 9.00 26.60 239.40 Total Labor Multiplier 29.50 844.10 844.10 Labor CPFF OverHead Markup 1,294.85 Labor CPFF Total 2,138.95 Project Total : WAT-Donald St Construction Phase Engineering 2,138.95 Invoice Summaries Total Current Amount : Retention Amount : Pre -Tax Amount : Tax Amount : 2,138.95 0.00 2,138.95 0.00 Total Invoice Amount : 2,138.95 An Equal Opportunity/Affirmative Action Employer O w w 0 D r -CO to rn (n W N O O O N W W A V O n O A N V W _ — co O CD co nW CD lD 2 cD CD CD N = m0 o * a N N - CO - O O O ✓ V v Ot O) N N O O N 00 W alep aolonul 0 C 3 O C .OF Z oo".= o C cn N o m s gm a> -13 m - m N -o 0 0) D W m ^m o cr0 K v C C co 0 o 0 0 O D) o -3 3 O O (D O M c) 0 O. (D O –4 S O) CO Ell z 0 7J uognqulsic .1 9 13HOf1OA 1N31/VAVd 001H31VM JO AID 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 ,:COM Date: October 3, 2013 Invoice No. 7 (9937381781) Invoice Period Covered: 8/24/13 through 9/27/13 Consultant Job No. 60288257 Labor Dollars Overhead Direct Expenses Mileage Copier Miscellaneous Ritland+Kuiper Landscape Architects Robinson Engineering Co. Subtotal Subtotal Rounded Fixed Fee Authorized Contingency Total Authorized Amount Total Billed to Date Remaining Authorized Balance Unauthorized Contingency AECOM Invoice City of Waterloo US Highway 63 Improvements Newell Street to Donald Street On -Call Post Design Services Client Contact Eric A. Thorson, P.E. Federal Project No. NHSX-63-6(69) -3H-07 Contract Cumulative to Estimate Date Current Period $30,962.40 $18,132.77 $2,239.98 49,539.84 27,924.50 3,449.59 0.00 2034 0.00 114.00 203.92 0.00 260.00 12.50 0.00 9,800.00 4,665.00 170.00 10,400.00 4,816.00 0.00 $101,076.24 $55,775.03 $5,859.571 $101,075.00 10,850.00 5,987.42 739.64 0.00 $ 111,925.00 . ---- 61,762.45 $61,762.45 6,599.2V $50,162.55 $8,800.00 X77 0F_ /(7.,C C/ Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 orc 27 CJs An Equal Opportunity/Affirmative Action Employer H 0 d 69 O) — A CD N (O a A -1 N0 OJ N D Co -4 A a v 0 0 Q m N N O co (710 O -4 J V J O N 0 0 0 O N_ N_ O O Co W area eoionuI * 0 C * D 3 0 C rt C 0 0 -0 0 uogngpIslp q/O (7 D < -< a CO Q, m N O r N v Z 0 3 c O O R- N- S D 3 c ocn d v � 00 W Sp C -4co (0 0 0 O. N p m O C co no no 3 Eat(D rn O m 0 c O a0 0CO 0 CO A ELOz Jagolo0 ON JOOU9A CO 71 D,5. CO F n�n 03 Z 0 O co a0 0 F HDHOf1OA 1NBWAVd O euilned :Rq paiedaid OO1HB±VM JO A1IO O N -(0 0 CO O CO N Kirkham Michael & Associates 11021 Aurora Avenue Urbandale, Iowa 50322-7902 PROJECT: West Shaulis Road Extension, Waterloo Iowa - Supplemental #3 INVOICE No.: 81650 PERIOD COVERED: 7/6/13 thru 8/30/13 CONSULTANT JOB No.: 0611638 DATE: September 13, 2013 CITY INVOICE: 9 CITY CONTRACT No: 784 IOWA DOT JOB No.: STP -U-8155(696)--70-07 Contract Estimate Cumulative To Date Current Period Labor Dollars Overhead (195.62%) $76,358.68 $149,372.85 Salary Cost $225,731.53 $85,195.68 $166,659.79 $251,855.47 $6,502.85 $12,720.88 $19,223.73 Direct Expenses: Printing, Postage Mileage Misc Materials Subtotal Direct Expenses $31,851.00 $32.89 $19,674.07 $7,906.40 $27,613.36 $0.00 $1,725.18 $682.26 $2,407.44 Subconsultants: (include contingency only if authorized) Terracon Authorized Contingency Subtotal Subconsultants $29,200.00 $0.00 $29,200.00 $22,730.92 $0.00 $22,730.92 $0.00 $0.00 $0.00 Subtotal (rounded) KM Amount Over Contract Max KM Fixed Fee (12%) KM Authorized Contigency Total Authorized Amount (rounded) Total Billed to Date Remaining Balance $286,782.53 $27,087.78 $25,758.25 $339,628.56 $24,976.50 $302,199.75 -$15,397.22 $27,087.78 $761.75 $314,652.06 $314,652.06 $21,631.17 -$15,397.22 -$828.03 $761.75 $6,167.67 Unauthorized Contingency: Kirkham Michael Robinson Engineering Company Terracon Maximum Amount Payable $0.00 $0.00 $2,610.00 $342,238.57 gp O?)-• L/7/6./v- /22 %L � 5 Payment Status Total Earned to Date: Less Previous Invoices: Total Amount Due: $314,652.06 $308,504.39, 1./ !$6,147.67 An Equal Opportunity/Affirmative Action Employer O N !D H O 0 Co to es as 0 0 O O O CO 0) C) m xixi a3 0 $ a C 5 CD m CO o N CD O W , 3 cD 3 m 3 r r C) A N N 0 C)0 OO W co m 6) ▪ -5 0 O Co CO 01 CO Co CO n 0D. Q m 00 ` 0 G J N co cn O-3 N O N Z m m m iii a) 3 a (D N O_ W 'ON aoionul D 3 0 C ui uogonAsuo0 gialA 0 O O C 3-8 cea -0 -o s o O a) 3 N M o C) 0 a (D uoi;nqu;slp _Te 2JEHOf1OA INSW1.'dd Voucher Prepared by Pauline C OO1HR±VM AO A110 31VINI.S3 SIHl 3110 N m c m o c N y 00 D 2 v O A r 0 < r D A -IMA m 0L.,zrj O v m ti O O m e 0Z Z m + N J (0 4 W WCO o N TOTAL 0 N O W CHANGE ORDERS N 0 o O O 0 0 0 J 0 0 0 N 0 A 0 W 0 N+ o 0 O 0 l9 0 W 0 J 0 Oi 0 0 A 0 8 0 N 0 -� + 3 Original Contract Flogger Unit Cost Adjustment (C.0.#11 'Grading and Class 'A' Roadstone Work (C.0.#1) _.. _.. 'Track Modifications fo Change in Turnout (CC #1).. T or3 O it 'Removal of Silt Fence (C.O.#2) 'Silt Fence (C.0.#2) 'Removal of Wattles (C.O.#2) Wattles (C.0.#2) Seeding and Fertilizing (Urban) IMulching, Wood Cellulose Fiber ITraffic Control 'Railroad Derail Construction 'Earthen Berm Construction Track Construction 'Railroad Subballast, Furnish and Place (Class A Crushed RS) (C.0.#2) I Mobilization 'Culvert. 3750D Concrete Roadway Pipe, 24 -in. I Culvert, 37500 Concrete Roadway Pipe, 12 -in, I Aprons, Concrete. 24 in. Diameter I Aprons. Concrete, 12 -in, Diameter I Removal of Pavement (C.O.#2) I Special Compaction of Subgrade Topsoil, Strip, Salvage and Spread IExcavation, Class 10, Roadway and Borrow (C.O.#2) ICiearina and Grubbing Description 0 o O t (R r m 0 > r "fit T T 11 0 A m O A m r 0 D 0 II D 0 ti �1 0 0 r 0 r m r m D (] I D o< I N y y 0 'G 0 -< 0 X m c N o W W 0 O+ FA 0 in A Hi In m 0 m I $ 750.00 I M O N I $ 2.50 I W O O W T O I $ 3,750.00 I W V O O Vi N bi O O I $ 20,000.00 I OC - n- O both f9 O W J O $ 14,000.00 I 40 O m O S 75.00 I 0 m J o 0 0 O O 0 p O O $ 425,00 I 0 �n O am 0 88 A En n .ob. _�. 0 WN la o o+ bob 0 O e 0 o e o O o b O b o b O O b Oi O O O 0 P Nra 0+ b o c.. b O -mo, b b b V (0 0 D N o O m 0 Q Original Contract 64 0 0 0 N N Zn 000000000000000000bi 0 TV 0 NN th 0 0 0 CO IJ 0 N N 0 _ N 0 O+ O 0 <n 0 A V 0 m O 0 A+ O 0 l0 0 W O 0 0 fP 0 'Y o 0 O 0 1.4J JE 0000b 69 A E�n 0 0M A 0 o Contract $ Amount $ 218,303.71 o+ bob 0 O e 0 o e 0n bob A m m m 0 -4 b o m o m o o - o m :n m N 05506 -8 Al 0 m 0 o 0 0 o 0 Authorized I $ 4,500,00 am m PJ -,o 0 O CO N O 0010 m m N 0 N O J O m 0 0 $ 20,000.00 I 0 0 0 $ 104,760.00 a V m + O o +q o $ 1.700.00 I m m CO 01 Zr moo O 0 A 0 O O 6.) On Q 000 0000000)000 o O b m 0 0 0 0 0 0 0 A O O O O O N o O 0 m m m m 0 0 0 0 $ 342.0_0_' m m $ 2,500.00 m o m $ 20,574.75 m m m I $ 975,00 I (0 w r9 69 m m Authorized $ Amount 'J+ N N O+ A A+ W N In IJ + N IJ 001-4 0490 J0th+ V o 10 o i" m om N o 0 0 0 o 0 0 0 0 + o-0 o N o 0 o 0 0 o S o o 0 0 0 0 o $ 218,303.71 o+ bob 0 O e 0 o e 0n bob A m m m 0 -4 b o m o m o o - o m :n m N 05506 -8 Al 0 m 0 o 0 0 o 0 b Completed I $ 4,500,00 am m PJ -,o 0 O CO N O 0010 m m N m N In 0 m W Ab O $ 2,250.00 I m N 0 0 m 0 0 $ 20,000.00 I 0 0 0 $ 104,760.00 m O ObO.P J (n m A 0 O O m + O o m 0 0 m o $ 1.700.00 I m m CO 01 Zr moo O 0 A 0 O (9 + 0 O $ 2,700.00 On 0 e 0 s 0 O e 0 o e 0 0 e 0 0 eeeo 0 0 o 0 b e o o 0 0 0 o 0 v 0 b o 0 b o 0 b eeee 0 o 0 0 0 0 ev 0 0 o e 0 o e 0 b oee o o 0 c 3 0 m An Equal Opportunity/Affirmative Action Employer uogorulsui leloads 0 rn w e;ep aolonul N < i O O ** n W N e O Z N P �** c0 0 CO A J J 0 a». J W W OJ N m m D W a N CO -o 3 co m No co NN N 0 a N Z co W CIG)O ODwc'Da—. co V 7J'� O Z 0m 0 X a N v m • z • D - r N N CO 01 O O O J J J J 0 0 0 0 O O N N 00 W W 3 0 0 co O D O uonnquu;sia 1/9 6uuaaui6u9 Ear 0 0 .02 ▪ -0 c3 3 O ° co 0 0 a co o m J co co. 70 m m S N m a a 0 z 0 SIN 'hlJagoP Voucher Prepared by Pauline C v z z < 0 T i > M —I 73m r 0 0 eN: Nauu NO Bill To: 402 E. 4th Street, Suite 101 Waterloo, Iowa 50703 Phone: 319-4647913 City of Waterloo Engineering Department Attn: Jeff Bales 715 Mulberry Street Waterloo, Iowa 50703 Phone: 319-291-4312 Invoice Date Invoice # 9/6/2013 2013-0029 Pay Request No. 5 Terms Net 30 days 'Project # 12-023 Geraldine Road Extension - RISE Project - Construction Related Services Professional Services Provided from: Date Week of 8/12 Week of 8/19 Week of 8/26 Week of 9/2 Professional Personnel ConstructionObservationTechnician Construction Observation Technician Construction Observation Technician Construction Observation Technician Totals November 19, 2012 Hours 2.00 4.00 3.00 3.63 12.63 to: Rate $75.00 $75.00 $75.00 $75.00 September 6, 2013 Amount $150.00 $300.00 $225.00 $272.25 $947.25 Pay Request #5 - Summary JOE Engineering, PLC Terracon, Inc. Invoice #2013-0029 $947.25 None $0.00 Total - Pay Request #5 $947.25 Invoice Summary Pay Request Date Invoice Number No.1 9/1/2012 2012-0033 No.2 9/14/2012 2012-0037 No.3 10/22/2012 2012-0043 No.4 12/4/2012 2012-0054 No.5 9/6/2013 2013-0029 Amount $3,160.00 $6,522.50 $9,045.25 $5,625.00 $947.25 Total $25,300.00 Total Contract Limit $25,300.00 Total Amount Earned to Date Less Previously Paid $25,300.00 $24,352.75 'Total Amount Due this Estimate ($947.25