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HomeMy WebLinkAbout11/17/2014THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS MONDAY, NOVEMBER 17, 2014 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. 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. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 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. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) issue per meeting for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office 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. 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 4:00 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. November 17, 2014 Roll Call. Moment of Silence. Pledge of Allegiance: Suzy Schares, City Clerk/ Human Resource Director. Agenda, as proposed or amended. Minutes of November 10, 2014, Regular Session, as proposed. Page 2 Presentation of Character Counts Players of the Year Awards to the following: Maddox Ham, Keggan Steege, and Jackson Reed. Presentation of Coach of the Year Awards to the following: Samuel Schweder, Chris Walker, and Chris Chris. 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. Resolution setting date of public hearing as December 1, 2014 for a request by Zlatko Kuduzovic to rezone 0.49 acres from "C-2" Commercial District and "R-2" One and Two Family Residence District to "C-2" Commercial District, located at the northeast corner of Ansborough Avenue and Upton Avenue. Submitted by Aric Schroeder, City Planner 3. Resolution re -setting date of bid opening as December 11, 2014 and hearing as December 15, 2014 for the F. Y. 2015 Geraldine Road - Phase III, Contract No. 871; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Jeff Bales, Associate Engineer b. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/ Meeting Destination Date(s) Amount not to exceed Tina Schellhorn, Electrical Foreman, Roger Wooden, Kelby Haines, & Nate Alderman - Electricians; Matt Vlasak, Signal Technicial Foreman, & Craig Hintzman - Signal Tech II 2014 National Electric Code Update Class Waterloo, IA 12/10/14 $675.00 November 17, 2014 2. 3. 4. 5. Page 3 Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday K -Mart #4158 3810 University Ave. Class C Beer, B Wine Renewal 02/28/15 X The Brown Bottle 209 W 5th St. Class C Liquor Renewal 10/21/ 15 X Afrodita Bar (formerly Blue River) 728 Commercial St. Class C Liquor New 11/ 10/ 15 X Chilto's Mexican Bar & Grill 441 E. Towers Park Dr. Class C Liquor Renewal 10/28/ 15 X PUBLIC HEARINGS 2. Request by American Pattern Storage, LLC to lease property for a period of three (3) years for property generally located at the southeast corner of East 11th & Sycamore Street, for $600/month plus demolition activities. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution approving said Lease Agreement with American Pattern Storage, LLC in the amount of $600/month for a term ending November 16, 2017; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 3. Request of Chastity P. Thomas for the sale of a new construction home located at 923 Lafayette Street and convey real property for $121,000.00 through the Neighborhood Stabilization Program. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing said sale, conveyance, and promissory note and authorize City Attorney to prepare and deliver deed accordingly. Submitted by Rudy Jones, Community Development Director 4. Bid Opening for the sale and conveyance of city -owned property located at 323 Crescent Place with a minimum bid of $5,000.00 and a Development Agreement. Motion to cancel hearing - no bids received. Submitted by Noel Anderson, Community Planning & Development Director November 17, 2014 Page 4 RESOLUTIONS 5. Resolution approving Amendment to Development Agreement with MMC Properties, LLC for the new industrial building on Geraldine Road - changing the timeframe to begin construction from earlier this spring to this fall and completion within 6 months, and authorize Mayor to sign and fully execute the document. Submitted by Noel Anderson, Community Planning and Development Director 6. Resolution approving award of bid to Lehman Trucking and Excavation of Waterloo, IA, in the amount of $48,400 for the Demolition and Site Clearance Services, (no RACM) for 1423 Hawthorne Avenue, 928 Mulberry, 421 Almond, 717 Vinton, and 1013 Lincoln Streets and approve Contract, Bonds and Certificate of Insurance; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning and Development Director 7. Resolution approving request by JDE Engineering of Waterloo, Iowa for the 11 -lot Preliminary and Final Plat of South Port Third Addition, zoned "M-1" Light Industrial District; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning and Development Director ORDINANCES 8. Amended and restated Crossroad Waterloo Urban Renewal and Redevelopment Plan. Motion to receive, file, consider and pass for the second time an Ordinance Adopting the amended and restated Crossroad Waterloo Urban Renewal and Redevelopment Plan. Motion suspending the rules. Motion to consider and pass for the third time and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director 9. Amended and restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan. Motion to receive, file, consider and pass for the second time an Ordinance Adopting the amended and restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan. Motion suspending the rules. Motion to consider and pass for the third time and adopt ordinance. Submitted by Noel Anderson, Community Planning & Development Director November 17, 2014 Page 5 10. Regulation of Fat, Oil and Grease Discharge by Food Service Establishments. Motion to receive, file, consider and pass for the second time an Ordinance amending the Code of Ordinances of the City of Waterloo, by adopting Article E, Regulation of Fat, Oil and Grease discharged by food service establishments, of Chapter 3, Sewer Regulation, of Title 8, Public Utilities. Motion suspending the rules. Motion to consider and pass for the third time and adopt ordinance. Submitted by Larry Smith, Waste Management Services Superintendent 11. Ordinance repealing Title 3, Chapter 5, Article A. Ambulances. Motion to receive, file, consider and pass for the first time an Ordinance amending the Code of Ordinances by repealing Title 3, Chapter 5, Article A. Ambulances. Motion suspending the rules. Motion to consider and pass for the third time and adopt ordinance. Submitted by Larry Smith, Waste Management Services Superintendent OTHER COUNCIL BUSINESS 12. Motion approving Change Order No. 2 for an increase of $6,397.32 for work performed by Municipal Pipe Tool Company, LLC of Hudson, Iowa for the Sanitary Sewer Improvements Service Area No. 15 and No. 16, Phase I CIP Pipe Lining Contract No. 866; and authorize Mayor and City Clerk to execute said document. Submitted by Larry Smith, Waste Management Services Superintendent 13. Motion approving Change Order/Extra Work Order No. 1 for an increase of $6,500 for additional asbestos abatement services for 1423 Hawthorne Street in conjunction with the FY14 Asbestos Abatement Contract with Advanced Environmental of Waterloo, Iowa; and authorize Mayor and City Clerk to execute said document. Submitted by Noel Anderson, Community Planning & Development Director 14. Purchase of Two (2) Model 2015 Compact Pickup Trucks for the Building Inspection Department. 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 bid opening as December 11, 2014 and hearing as December 15, 2014; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Submitted by Mark Rice, Public Works Director November 17, 2014 Page 6 15. Purchase of Seven (7) Model 2015 Patrol Vehicles for the Police Department. 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 bid opening as December 11, 2014 and hearing as December 15, 2014; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Submitted by Mark Rice, Public Works Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares, CMC City Clerk/ Human Resource Director MEETINGS Monday, November 17, 2014 5:10 p.m. - Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Civil Service Commission Minutes of October 31, 2014 on file in the City Clerk's office. 2. Communication from Waterloo Fire Rescue on the notice of retirement of Judy Rottinghaus, 8th Year Paramedic, effective November 5, 2014 with recommendation of approval of payout of $5,849.26 for unused benefits. CONTRACT PAYMENT SCHEDULE 1. FY14 Kimball Ave. Transportation Improvements, Contract No. 843 Pay estimate to Cedar Valley Corp. in the total amount due of $340,108.78. 2. Hwy 63 - Newell to Donald Project Pay estimate to Iowa DOT in the total amount due of $751,335.18. 3. 2014 SW Lift Stations (Hollywood, Cedar Bend, & Fletcher), Contract No. 816 Pay estimate to Ricklefs Excavating, LTD in the total amount due of $278,438.18. November 10, 2014 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, November 10, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Schmitt, Lind, Morrissey, Welper, and Hart. Absent: Cole and Jones Moment of Silence. Pledge of Allegiance: Students from the Boys and Girls Club of Waterloo. 143797 - Hart/Schmitt that the Agenda, as amended, to reword ordinance language and ad resolution of necessity on both item numbers 5 & 6 for the Regular Session on Monday, November 10, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion carried. 143798 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, November 3, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Five. Motion carried. Mayor Clark performed a Swearing in of Police Officers Matthew Woodward and Abby Oelmann. CONSENT AGENDA 143799 - Hart/Welper 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 November 10, 2014, in the amount of $3,202,230.21, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2014-961. 2. Request of Dyanna Pooley for tax exemptions on construction of a new twin home (condo) valued at $144,900 for property located at 4126 Mourning Dove Dr. and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-962. 3. Request of Ricklefs Excavating for a variance to the Noise Ordinance on November 5, 2014 through November 19, 2014, 24 hours a day, in conjunction with construction of a pump station at the northeast corner of Campbell Ave. and Ansborough Ave., together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2014-963. b. Motion to approve the following: 1. 2. 3. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Noel Anderson, 2015 Cedar Valley Washington, 04/28/15- $1,830.00 CP&D Coalition DC 04/30/15 Rudy Jones, 2015 Cedar Valley Washington, 04/23/15- $1,690.00 Community Coalition DC 04/30/15 Development Director Mike Schipper Haz Mat Technician Marshalltown, 11/13/14- $152.25 Recertification IA 11/14/14 4. Recommendation of appointment of Don Colvin to the position of Garage Mechanic foreman from the current Civil Service List effective November 17, 2014. November 10, 2014 • 5. Mayor Clark's recommendation of the following appointment: 6. 7. 8. 9. Page 2 Appointee Board/Commission Expiration Date New or Re - Appointment Julie Gardner HVAC Mechanical Board of Licensing, Examiners & Appeals 11/10/17 New Mike Fereday HVAC Mechanical Board of Licensing, Examiners & Appeals 11/10/17 New Travis Young HVAC Mechanical Board of Licensing, Examiners & Appeals 11/10/17 New Duane Kuenstling ADA Compliance Commission 11/10/17 New Matthew Chapman Board of Electrical Examiners & Appeals 11/10/17 New Richard Mott, Jr. Board of Electrical Examiners & Appeals 11/10/17 New Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday The Penalty Box 118 Commercial St. Class C Liquor & Outdoor Service Renewal 09/18/15 X LJ's Neighborhood Grill & Bar 3550 Kimball Ave. Class C Liquor & Outdoor Service Renewal 11/05/15 X Panda House 1415 E. San Marnan Dr. Special Class C Beer & Wine Renewal 09/10/15 X Logan Ave. Convenience 735 Logan Ave. Class E Liquor, B Wine, & C Beer New 10/31/15 X 10. Cigarette/Tobacco Permit Renewal Applications NAZ, Inc. dba Logan Convenience Store, 735 Logan Avenue 11. Salvage Yard License Applications Jamie Aikey, Midwest Auto Parts, 275 Rampart Lane Roll call vote -Ayes: Five. Nay:(Hart)on item 1.b.9. Motion carried. LICENSES (Staff recommends denial of the following) Salvage Yard License Applications: 143800 - Schmitt/Hart to approve Auto Rite Motors, 2761 Logan Ave. Voice vote-Nayes: Five. Motion failed. Noel Anderson, Community Planning and Development Director, explained that the applicant has not gone through the proper zoning process to allow for this type of business. 143801 - Schmitt/Hart to approve Plum's R & B, 2630 W.C.F & N Dr. Voice vote-Nayes: Five. Motion Failed. PUBLIC HEARINGS 143802 - Welper/Hart that proof of publication of notice of public hearing on request of City of Waterloo to appeal the City Code requirement prohibiting vehicles from parking on the city -owned right-of-way, located along Paper Mill Street between LaPorte Road and Gladys Street, as published in the Waterloo Courier on October 30, 2014, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. November 10, 2014 143803 - Welper/Hart that the hearing be closed. Voice vote -Ayes: Five. Motion carried. 143804 - Welper/Hart Page 3 that "Resolution approving the appeal to allow parking on the city -owned right- of-way, located along Paper Mill Street between LaPorte Road and Gladys Street", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-964. 143805 - Hart/Morrissey that proof of publication of notice of public hearing on amended and restated Crossroad Waterloo Urban Renewal and Redevelopment Plan, as published in the Waterloo Courier on October 30, 2014, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Forest Dillavou, 1725 Huntington Road, asked for an explanation. Noel Anderson, Community Planning and Development Director, explained that the new state rules require this process when a project begins in the district. 143806 - Hart/Welper that the hearing be closed and receive and file recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments. Voice vote -Ayes: Five. Motion carried. 143807 - Hart/Welper that "Resolution determining an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the amended and restated plan", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-965. 143808 - Hart/Welper that "an Ordinance providing that general property taxes levied and collected each year on all property located within the newly amended and restated Crossroad Waterloo Urban Renewal and Redevelopment Plan (TIF District), in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said Urban Renewal Project", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. Motion carried. 143809 - Hart/Morrissey that proof of publication of notice of public hearing on amended and restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan, as published in the Waterloo Courier on October 30, 2014, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 143810 - Hart/Welper that the hearing be closed and receive and file recommendation of approval of the Planning, Programming and Zoning Commission and oral and written comments. Voice vote -Ayes: Five. Motion carried. 143811 - Hart/Welper that "Resolution determining an area of the City to be an economic development area, determining that the development or redevelopment of said area is necessary in the interest of the public health, safety or welfare, designating said area as appropriate for an urban renewal project, and approving the amended and restated plan", be adopted. Roll call vote -Ayes: Five. November 10, 2014 Page 4 Resolution adopted and upon approval by Mayor assigned No. 2014-966. 143812 - Hart/Welper that "an Ordinance providing that general property taxes levied and collected each year on all property located within the Amended and Restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan Area, in the City of Waterloo, County of Black Hawk, State of Iowa, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District and other taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with said urban renewal Project", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Five. Motion carried. 143813 - Schmitt/Hart that proof of publication of notice of public hearing on the request for proposal for Demolition and Site Clearance Services (no RACM) for 927 West Mullan, 100 Blackwood, 3175 Independence, 2375 Independence, and 4012 Leversee, as published in the Waterloo Courier on October 23, 2014, be received and placed on file. Voice vote -Ayes: Five. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 143814 - Schmitt/Hart that the hearing be closed. Voice vote -Ayes: Five. Motion carried. 143815 - Schmitt/Hart that "Resolution confirming approval of plans, specifications, bid document, etc. with the request for proposal for Demolition and Site Clearance Services (no RACM) for 927 Mullan, 100 Blackwood, 3175 Independence, 2375 Independence, and 4012 Leversee", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-967. 143816 - Schmitt/Hart that "Resolution to proceed with the request for proposal for Demolition and Site Clearance Services (no RACM) for 927 Mullan, 100 Blackwood, 3175 Independence, 2375 Independence, and 4012 Leversee", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-968. 143817 - Schmitt/Hart to receive, file and instruct City Clerk to read bids and refer to Community Planning & Development Director for review: Bidder Bid Security Bid Amount (Excluding 100 Blackwood) Bid Amount 100 Blackwood (FEMA Project) Lehman Trucking & Excavating, Inc. 1422 Ashland Ave. Waterloo, IA 5% $128,925 $8,050 Peterson contractors, Inc. Box A Reinbeck, IA 5% $136,850 $18,150 Voice vote -Ayes: Five. RESOLUTIONS 143818 - Morrissey/Welper that "Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by KWS, Inc. of Cedar Falls, Iowa in the amount of $224,450 for the Traffic Communications Infrastructure: Fiber Optics Phase 1-1 Project No. TOF205", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-969. November 10, 2014 143819 - Morrissey/Welper Page 5 that "Resolution approving Construction Plans for Sanitary Sewer, Storm Sewer, and Paving serving Prairie Meadow Estates Addition, as submitted by Anderson Bogert of Cedar Rapids, Iowa, and Sewage Treatment Agreement DNR Form 29 (Nov 00) with the Department of Natural Resources and the final acceptance of construction plans subject to the review and acceptance by the DNR; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-970. 143820 - Morrissey/Welper that "Resolution approving participation in the Northeast Industrial Access Study, in the amount of $45,000; and authorize the Mayor and City Clerk to sign and fully execute said documents", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-971. 143821 - Welper/Schmitt that "Resolution approving early payment of the Professional Services Agreement with Main Street Waterloo, in the amount of $20,000; and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-972. 143822 - Welper/Schmitt that "Resolution approving Professional Services Agreement with the Institute for Decision Making at the University of Northern Iowa for technical and professional assistance in economic development services in the amount of $2,500; and authorize the Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-973. 143823 - Welper/Schmitt that "Resolution approving award of contract to Frickson Brothers Excavating of Evansdale, IA, in the amount of $52,900 for the Demolition and Site Clearance Services, (no RACM) for 67 Franklin Street, 134 Dearborn Street, 520 Cottage, 820 Fowler, 420 Dawson, and 409 State Street; 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. 2014-974. 143824 - Welper/Schmitt that "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 November 12, 2014 to May 12, 2014; 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. 2014-975. ORDINANCES 143825 - Schmitt/Welper that "an Ordinance amending the Code of Ordinances of the City of Waterloo, by adopting Article E, Regulation of Fat, Oil and Grease discharged by food service establishments, of Chapter 3, Sewer Regulation, of Title 8, Public Utilities in conjunction with Regulation of Fat, Oil and Grease Discharge by Food Service Establishments", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Four. Nays: One (Schmitt). Motion carried. David Dryer, 3145 W. 4th St., expressed concern with the ordinance. Al Manning, Owner Sub City 3045 Kimball Ave., asked that a mechanism be put in place to determine need for equipment and an appeal process. He suggested financial assistance for businesses facing hardship in regards to the FOG program, similar to that given to residents impacted by the footing drain program. Mr. Schmitt explained that he has received calls from food service establishments regarding concerns with the impact of the ordinance. He asked if November 10, 2014 Page 6 there is a matrix in place to determine need and if there is an appeal process. He expressed concern with casting such a large net and not going after the known violators first. Larry Smith, Waste Management Superintendent, explained the appeal process and noted that there is a section in the Ordinance dealing with financial hardships and the appeal process. It will ultimately be up to the City Council. The current ordinance allows us to shut businesses down that are flagrant violators. This ordinance gives a vehicle to monitor businesses and work with them to comply with the EPA standards. The City will be glad to meet with business owners to help them prepare for this ordinance. Mayor Clark explained that the City is doing this to comply with the EPA requirements. Most other large cities have this ordinance. The fee schedule has been postponed until the cost of the program is determined. Jim Walsh, City Attorney, explained that the Federal Clean Water Act is where this all started. The Act is being amended and will scrutinize areas such as Waterloo. The system we have now is inadequate and the City needs a better mechanism to comply with the Federal mandate. Mr. Schmitt expressed that we should go after known violators first. Mr. Hart asked for a description of the process after the ordinance is passed and staff is hired. Larry Smith, Waste Management Superintendent, explained that for the short term there will be a lot of paperwork. All food service establishments should be inspected at a minimum of once a year. Mr. Morrissey clarified that food service establishments can use existing or alternative mechanisms such as grease traps as long as they meet the minimum requirements. He questioned how inspections will be handled. He also clarified that there will be meetings with the establishments to discuss the ordinance. Craig Clark, Building Official, agreed with this statement. He noted that most of the grease traps do not meet the minimum standards. Larry Smith, Waste Management Superintendent, explained that the inspector will schedule convenient times with the food service establishments. The Black Hawk County Health Department will be doing the health inspections but will not be conducting the FOG inspections. OTHER COUNCIL BUSINESS 143826 - Hart/Welper to instruct City Engineer to prepare plans, specifications, form of contract, etc. for the F.Y. 2015 Geraldine Road - Phase III, Contract No. 871, be approved. Voice vote -Ayes: Five. Motion carried. 143827 - Hart/Welper that plans, specifications, form of contract, etc. for the F.Y. 2015 Geraldine Road - Phase III, Contract No. 871, be received and placed on file. Voice vote - Ayes: Five. Motion carried. 143828 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. for the F.Y. 2015 Geraldine Road - Phase III, Contract No. 871", be adopted. Roll call vote -Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-976. 143829 - Hart/Welper that "Resolution setting date of bid opening as December 4, 2014 and date of public hearing as December 8, 2014; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. and taking of bids for the F.Y. 2015 Geraldine Road - Phase III, Contract No. 871", be adopted. Roll call vote - Ayes: Five. Resolution adopted and upon approval by Mayor assigned No. 2014-977. ORAL PRESENTATIONS Forest Dillavou, 1725 Huntington Rd., expressed concern with the number of street lights out and believes we should be tracking them so that the City does November 10, 2014 Page 7 not pay for them. He expressed concern with police being called on Oct. 29th to put down a rabbit. Jim Chapman, 224 Bertch, explained that police calls have reduced now that the grocery store on Byron has closed. David Dryer, 3145 W. 4th St., expressed concern with the FOG ordinance. Mr. Hart attended a "Women in the Military" event. He acknowledged all the men and women who serve our Country. Mr. Morrissey noted that November 29th is small business day and hopes that everyone will support the small businesses in Waterloo. He expressed concern with the Community Foundation moving out of the City of Waterloo. 143830 - Hart/Welper that the above oral comments be received and placed on file. Voice vote -Ayes: Five. Motion carried. ADJOURNMENT 143831 - Hart/Welper that the Council adjourn at 6:35 p.m. Voice vote -Ayes: Five. Motion carried. Suzy Schares, CMC City Clerk/Human Resource Director CITY OF WATERLOO Council Communication City Council Meeting: November 17, 2014 Prepared: November 10, 2011 Dept. Head Signature: ph # of Attachments: 0 SUBJECT: 2014 Cedar Valley Sportsplex Character Counts Player & Coach of the Year Awards Submitted by: Mark Gallagher, Sports Manager Recommended City Council Action: Recognize individuals and present plaques provided by Cedar Valley Sportsplex. Summary Statement Youth Flag Football players and coach are awarded plaques for their being voted the Character Counts Player and coach of the Year in their age division. Expenditure Required NA Source of Funds NA Policy Issue NA Alternative NA Background Information: Players and coach of the Year are as follows: Players 1" & 2nd Grade Maddox Harn 3rd & 4th Grade Keggan Steege 5th & 6th Grade Jackson Reed Coaches 1" & 2nd Grade 3rd & 4th Grade 5th & 6th Grade Samuel Schweder Chris Walker Chris Chris City of Waterloo Finance Committee Open Invoice Report For November 17 2014 Approval Finance Committee Accounts Payable Open Invoice Report Total As of Friday, November 14, 2014 EFT Transactions: Add: Wellmark EFT 1,316,797.16 179, 921.48 Subtotal - as of Monday, November 17, 2014 1,496,718.64 Workers Compensation Issued by TPA Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Payroll 7,444.83 411.00 1,541,296.29 Bill Payment Total - Monday, November 17, 2014 3,045,870.76 Payment to Council members or related entities: $0.00 City tWaterloo !ayroYpate 11/14/14 Preparer: RH GL Dade 11/14/14 Banking Date 11/14/14 JE 633 Fund DEBIT Fund Dir Dep ACH (628,348.38) Dir Dep ACH 1 (623,348.38) 010 549,221.76 010 1 549,221.76 204 10,308.86 204 1 10,308.86 205 16,721.92 205 1 16,721.92 224 9,905.93 224 2 9,905.93 266 67,277.20 266 1 67,277.20 283 10,362.89 283 3 10,362.89 290 334.03 290 1 334.03 423 0.00 423 4 0.00 520 42,909.20 520 5 42,909.20 521 15,443.00 521 5 15,443.00 525 24,041.70 525 1 24,041.70 Net Payroll Total 746,526.49 Net Payroll Total 746,526.49 Dir Dep ACH (628,348.38) Net Payroll Total 746,526.49 Net Payroll checks only 118,178.11 w/d amount To: (WF) Payroll , Bank Acct 1 '4, (RB) OVRNT $ 39,557.09) f / � I/ f, (RB) CDBG , (USB)HOUSE 10,362.89 foo zs t (RB)SEW 58,352.20 I Net Payroll checks only $ 118,178.11 Dir Dep ACH ACH 628,348.38 Net Payroll Total $ 746,526.49 9,905.93c:445,5;3 ebk 1 2 39,557.09 2 9,905.93 3 10 362.89 5 58,352.20 £ 118,178.11 11/13/2014 forms payroll banking net.xlsx 111414 -.ity of Waterloo Payroll Vendor Disbursements Checks Issued and EFT JE: 636 d- 6 4/ Date: 11/14/14 Prepared by: RH Fund 010 Deductions from Inv journal 200 204 205 224 224 266 283 290 520 521 525 WAR WAR GRAND TOTALS Vendor Check EFT Invjrnl Amount Amount 216,448.83 234,412.17 (7,628.91) 170,647.29 0.00 5,059.44 5,786.76 6,777.62. 8,349.52 .............. ............... 4,153.03 : Do notcise %: Do:riot;use :: 6,560.28 23,252.29 34,353.23 3,397.36 4,899.08 312.42 259.31 14,053.06 21,495.45 6,247.40 8,014.37 7,243.41 11, 965.90 457,592.15 328,467.16 915,184.30 656, 934.32 (457, 592.15) (328,467 16) 1,572,118.62 (786, 059.31) 457, 592.15 328,467.16 786,059.31 w/d amount / Bank Acct (RB) OVRNT $ 717,239.28 U1 (RB) CDBG 4,153.03 N,banking 1/ (RB) CDBG 6,560.28 hr1( USB HOUSE 8,296.44 f} . _} 1, 1' % (RB)SEW 49,810.28 `1 To: (RB) ACCTS PYBL Grand Total $ 786,059.31 Fund 010 1 010 1 200 1 204 1 205 1 224 2 224 2a 266 1 283 3 290 1 520 4 521 4 525 1 WAR Amount 450,861.00 (7,628.91) 170,647.29 10, 846.20 15,127.14 4,153.03 6,560.28 57,605.52 8,296.44 571.73 35,548.51 14,261.77 19,209.31 786,059.31 1,572,118.62 1 $ 717,239.28 2 4,153.03 2a 6,560.2.8 3 8,296.44 4 49,810.28 Grand Total $ 786, 059.31 //-'9-/,` ,J 11/14/2014 forms pyrll vendor disbrs banking net,risx 111414+EFT City of Waterloo F`Bill Payments Bill Date 11/17/2014 Banking Date 11/18/2014 Prepared by: RH Journal Number 650 Fund Amount Fund Amount for formula 010 179,921.48 ZWellmark 010 1 $ 179,921.48 414 C Tech Works 414 4 0.00 all fees / Fee PV detail all fees fees 0.00 WAR 179,921.48 Fund Summary Report juornal total 359,842.96 $ 179,921.48 1 $ WAR formula (179,921.48) fees 3 Approved check total 179,921.48 4 5 6 wid amount Bank Acct (RB) OVRNT $ 179,921.48 All Fees 0.00 No banking To: (RB) ACCTS PYBL $ 179,921.48 (RB)GOB 0.00 No banking (enter into Excel Bankers Trust tab) $ 179,921.48 11/18/2014 forms bill banking net.xlsx EFT111714 Information from Detail not Fund Summary amity of Waterloo Bill Payments Bill Date 11/17/2014 Banking Date ' 11/18/2014 Prepared by: RH Journal Number 654 Fund Amount Fund Amount for formula 010 255,400.82 010 1 $ 255,400.82 100 1,500.00 100 1 1,500.00 101 132,650.00 101 1 132,650.00 205 67,692.51 205 1 67,692.51 224 62,944.04 224 2 62,944.04 266 5,428.05 266 1 5,428.05 283 3,698.00 283 3 3,698.00 290 575,206.83 290 1 575,206.83 412 11,023.41 412 4 11,023.41 413 37,296.78 413 4 37,296.78 414 20,161.63 414 4 20,161.63 426 0.00 426 1 0.00 520 61,218.28 520 5 61,218.28 521 11, 435.82 521 5 11,435.82 525 65,739.99 525 1 65,739.99 WAR 1,311,396.16 juornal total 2,622,792.32 $ 1,311,396.16 1 $ WAR formula (1,311,396.16) 2 3 Approved check total 1,311,396.16 4 5 6 wig amount (RB) OVRNT $ 1,103,618.20 �RB) CDBG 62,944.04 Nopan 'ng^ ��(USB)HOUSE 3,698.00 (22'13 y (RB)GOB 68,481.82 (RB)SEW 72,654.10 Bank Acct To: (RB) ACCTS PYBL $ 1,311,396.16 11/18/2014 forms bill banking net.xlsx 111714 $ 1,311,396.16 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward t 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: November 17 201 Prepared: November 12, 2014 Dept. Head Signature: # of Attachments: SUBJECT: A request to set the date of public hearing as December 1, 2014 for i a request by Zlatko Kuduzovic to rezone 0.49 acres front R-2" One and Two Family Residence District to "C-2" Commercial District, located at the northeast corner of Ansborough Avenue and Upton Avenue. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval Summary Statement: Transmitted herewith is a request to set the date of public hearing as December 1, 2014 for a request by Zlatko Kuduzovic to rezone 0.49 acres from "R-2" One and Two Family Residence District to "C-2" Commercial District, located at the northeast corner of Ansborough Avenue and Upton Avenue. The rezone request is a transitioning area between Ansborough Avenue, which connects to Highway 218, and single-family homes to the east. Care must be taken on the area to be rezoned, such as the need for potential screening, etc. The proposed rezone request would not appear to have a negative impact upon existing pedestrian and traffic conditions in the area. Roads adjacent to the rezone area are Ansborough Avenue, which is classified as a Minor Arterial, and Upton Avenue, which is classified as a Local Street. Highway 218 is directly north of the rezone area, and is classified as a Principle Arterial. The transition from one zoning district to another of contrasting and conflicting uses can impact more restrictive zoning districts. The intent of the Zoning Ordinance is to reduce any possible harmful or detrimental influence one district may or may not have to abutting or contrasting or conflicting use. When a "C" Commercial District abuts any "R-1" or "R-2" One and Two Family Residence District, there shall be a buffer provided through either a buffer wall or buffer park. A buffer wall shall be no less than 6' in height, constructed of permanent, low maintenance materials, such as concrete block, cinder block, brick, concrete, precast concrete, title block, etc. The wall shall be designed for both structural and aesthetic quality. A buffer park shall not be less than 40' in width, and be designed and landscaped in an aesthetic manner. In this particular situation, the parcel in question is not developed, therefore, at this time, no buffering is required. When CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 11(4' L OW( II 10.i1-bi(CG4-ati_ Q' the area zoned "C-2" Commercial District is developed, the development of a proper buffer as stated within the Zoning Ordinance shall be assumed by the developer. The Future Land Use Map designates the west 65' of the site in question as Mixed Commercial, Medium to High Density Residential, Professional Office, and Compatible Commercial. The east 116' of the site is designated as Low Density Residential. The majority of this rezone request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, except for the east 18' or the rezone area. The site in question is located within the Primary Growth Area and can be served by the extension of existing utilities in the area. The site is located within the Highway 218 Corridor Overlay District, which was established in the late 1980s. The purpose and intent of this design review board is to provide for the orderly development of properties adjacent to Highway 218. There are higher design standards for structures, along with additional landscaping requirements beyond what is normally required for multi -family, commercial and industrial developments outside the highway corridor. For commercial zones, the minimum required landscaped area shall be 25% of the total lot area. The landscape shall be planted with a combination of trees and shrubs to achieve a minimum of .04 points per square foot of total lot area. There is also additional landscaping required for street frontages and within 5' of the vehicular use areas. The Highway 218 Design Review Board has the ability to require additional design elements for new buildings, or additional landscaping and screening. Staff believes that with the site being located within the Highway 218 Corridor Overlay District, the proper safeguards are in place to ensure that a new development within the commercially zoned area is thoroughly reviewed through a design review process by the Highway 218 Design Review Board. The rezoning to "C-2" Commercial District would match other portions of land zoning along Ansborough Avenue to the south. Also, the "C-2" designation would not appear to be problematic in terms of Permitted Uses either, due to safeguards in place for buffer distances required for any adult or liquor license uses, which would be prohibited at this location. At the November 4, 2014 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. It should be noted that staff has been receiving concerns and opposition from property owners within the surrounding area. Nearby residents are concerned that an auto sales lot would be established at this location. A petition of opposition has been submitted containing the names of 20 individuals who are opposed to the rezoning request. Based on the submitted petition of opposition, there is an opposition rate of approximately 52% within 200' of the property in question. Due to the opposition rate being over 20%, a Super Majority vote by the City Council is needed for the request to pass. Therefore, staff would request to set the date of public hearing as December 1, 2014 for a request to set the date of public hearing as December 1, 2014 for a request by Zlatko Kuduzovic to rezone 0.49 acres from "R-2" One and Two Family Residence District to "C-2" Commercial District, located at the northeast corner of Ansborough Avenue and Upton Avenue. Expenditure Required: None Source of Funds: None required Policy Issue: Zoning and Land Use Alternative: Background Information: Legal Description: See attached Exhibit "A" AS:ta cc: Noel Anderson, Community Planning and Development Director —file— 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: November 4, 2D14 Request to rezone approximately 0.49 acres of land from "R-2" One and Two Family Residence District to "C-2" Commercial District, located at the northeast corner of Ansborough Avenue and Upton Avenue. Zlatko Kuduzovic, 846 Jane Street, Waterloo, IA 50701 The proposed rezone area is located west of land that is currently zoned "R-2" One and Two Family Residence District. There is a residential property located directly adjacent to the property located at 720 Upton Avenue. At this time, the applicant does not have a use for the property. The rezone request is a transitioning area between Ansborough Avenue, a Minor Arterial, which connects to Highway 218, and single family homes to the east. Care must be taken on the area to be rezoned, potential screening, etc. The proposed rezone request would not appear to have a negative impact upon existing pedestrian and traffic conditions in the area. Roads adjacent to the rezone area are Ansborough Avenue, which is classified as a Minor Arterial, and Upton Avenue, which is classified as a Local Street. Highway 218 is directly north of the rezone area, and is classified as a Principle Arterial. The nearest recreational trail is the Trolley Trail, which intersects Ansborough Avenue at Highway 218. The Cedar River Trail is located just north of the Cattle Congress grounds along the south side of the Cedar River. The west 34' of the property in question is zoned "C-2" Commercial District. Before Ansborough Avenue was widened, as a part of the Interstate Substitution Program, the "C-2" Commercial District extended approximately 50' further to the west. However, that land was bought for right-of-way purposes. From the point where the applicant is requesting to rezone, the east 100' of the property would still remain "R-2" One and Two Family Residence District. Surrounding land uses and their zoning are as follows: North — There is vacant development land located north of Maynard Avenue, which is zoned "M-1" Light Industrial District. South — Single-family residences and commercial uses, zoned "R- 2" One and Two Family Residence District, and "C-2" Commercial District. East — Single-family residences, zoned "R-2" One and Two Family Residence District. West —Ansborough Avenue and light industrial uses, zoned "M-1" Light Industrial District. The surrounding area has a large mix of different uses, with low density residences developed in the 1920s up to the 1960s. There are also light industrial and commercial uses developed in the 1940s, up to as recent at 2007, primarily along the Ansborough Zlatko Kuduzovic— R2 to C2 Page 1 of 4 1 BUFFERS/ SCREENING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. Zlatko Kuduzovic—R2 to C2 November 4, 2014 Avenue corridor. The transition from one zoning district to another of contrasting and conflicting uses can impact more restrictive zoning districts. The intent of the Zoning Ordinance is to reduce any possible harmful or detrimental influence one district may or may not have to abutting or contrasting or conflicting use. When a "C" Commercial District abuts any "R-1" or "R-2" One and Two Family Residence District, there shall be a buffer provided through either a buffer wall or buffer park. A buffer wall shall be no less than 6' in height, constructed of permanent, low maintenance materials, such as concrete block, cinder block, brick, concrete, precast concrete, title block, etc. The wall shall be designed for both structural and aesthetic quality. A buffer park shall not be less than 40' in width, and be designed and landscaped in an aesthetic manner. In this particular situation, the parcel in question is not developed, therefore, at this time, no buffering is required. However, when the area zoned "C-2" Commercial District is developed, the development of a proper buffer as stated within the Zoning Ordinance shall be assumed by the developer as the land is improved or developed. It should be noted that this particular site is located within the Highway 218 Corridor Overlay District, which requires higher building design standards, along with higher landscaping standards. When a development is identified for the area zoned for commercial uses, the proposed development will need to be reviewed by the Highway 218 Design Review Board. Areas that are developed for one and two family purposes are exempt from Design Review Board approval. Rezoning of the land would not appear to have a negative impact upon drainage in the surrounding area. As the site is developed for commercial uses, it would be necessary to install appropriate storm water control methods. No areas of the site in question are 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 0169F, dated July 18, 2011, Galloway Park is located approximately 3 -blocks to the south and west of the site in question along the south side of Stratford Avenue. There are no schools located within close proximity of the site in question. There is an 8" sanitary sewer located within the east/west portion of public alley that is located east of the site in question. There is also a 10" sanitary sewer and 24" storm sewer that begin at the intersection ofAnsborough Avenue and Upton Avenue and travels southward from the point. There is 4" drain tile in Upton Avenue to the south of the site in question. Page 2 of 4 2 November 4, 2014 RELATIONSHIP TO The Future Land Use Map designates the west 65' of the site in COMPREHENSIVE question as Mixed Commercial, Medium to High Density LAND USE PLAN: Residential, Professional Office, and Compatible Commercial. The east 116' of the site is designated as Low Density Residential. The majority of this rezone request is in conformance with the Future Land Use Map and Comprehensive Plan for this area, except for the east 18' or the rezone area. The site in question is located within the Primary Growth Area and can be served by the extension of existing utilities in the area. STAFF ANALYSIS — The applicant is requesting to rezone 0.49 acres of land from "R-2" ZONING One and Two Family Residence District to "C-2" Commercial ORDINANCE: District. From a land use standpoint, it would appear that development along Ansborough Avenue be for professional office or light commercial uses, due to the proximity of an adjacent Minor Arterial street. There is professional office and light commercial development located directly south, southwest and west of the site in question at all corners of Ansborough Avenue and Upton Avenue intersection. These uses appear to buffer the low density residential further to the east from Ansborough Avenue and the light industrial uses on the west side of that street. The site is located within the Highway 218 Corridor Overlay District, which was established in the late 1980s. The purpose and intent of this design review board is to provide for the orderly development of properties adjacent to Highway 218. There are higher design standards for structures, along with additional landscaping requirements beyond what is normally required for multi -family, commercial and industrial developments outside the highway corridor. For commercial zones, the minimum required landscaped area shall be 25% of the total lot area. The landscape shall be planted with a combination of trees and shrubs to achieve a minimum of .04 points per square foot of total lot area. There is also additional landscaping required for street frontages and within 5' of the vehicular use areas. The Highway 218 Design Review Board has the ability to require additional design elements for new buildings, or additional landscaping and screening. The portion of the property that the applicant is not requesting to rezone would be exempt from Design Review Board review, as it is zoned for one and two family uses. The "remaining" parcel would be approximately 10,000 SF in size, so it would allow for a one or two family house to be built. Staff believes that with the site being located within the Highway 218 Corridor Overlay District, the proper safeguards are in place to ensure that a new development within the commercially zoned area is thoroughly reviewed through a design review process by the Highway 218 Design Review Board. Zlatko Kuduzovic— R2 to C2 Page 3 of 4 3 STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: November 4, 2014 There is no platting required as a part of this request to rezone. Therefore, staff recommends that the request to rezone from "R-2" One and Two Family Residence 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. 3. The request is located within the primary growth area and can be served by the extension of existing utilities in the area. 4. The site is located within the Highway 218 Corridor Overlay District, which has additional design guideline standards for new construction, building additions and parking lots, along with additional landscaping and screening requirements. 5. The rezoning to "C-2" Commercial District would match other portions of land zoning along Ansborough Avenue to the south. The "C-2" designation would not appear to be problematic in terms of Permitted Uses either, due to safeguards in place for buffer distances required for any adult or liquor license uses, which would be prohibited at this location. Zlatko Kuduzovic — R2 to C2 Page 4 of 4 4 City of Waterloo Planning, Programming and Zoning Commission November 4, 2014 R7211 A-1 ISE110111111 11101111E 1111111Mi opikomIIII memmu sz 111111111•11111111 mum= El n M-2 Fr LAIE, MEM ' \* INmos 1111111111 um II a 1=4" IlEjart NE Corner of Ansborough Ave & Upton Ave Rezone "R-2" to "C-2" Zlatko Kuduzovic 5 City of Waterloo Planning, Programming and Zoning Commission November 4,; -014 Requested Rezone Area From R-2 to C-2 NE Corner of Ansborough Ave & Upton Ave Rezone "R-2" to "C-2" Zlatko Kuduzovic 6 KIRK D. ESCHUAIAN, P.I.S., IA. LIC. NO. 9961. 819 SYCAMORE STREET. WATERLOO, 1.9. 58703-4729 PHONE: 319-234-0500 FAX: 319-236-3597 COPYRIGHT At PORPERTY R.GHTS IN THESE CCCUMENTS ARE EXPRESSLY RESERVED EY KESS & ASSOCIATES, NC. 0 REPRDJUCTIONS, COPIES OR CHANCES IN ANY MANNER SHAL BE MADE WTI -OUT °STAINING PRIOR WRITTEN CONSENT FROM KESS & ASSOCIATES, INC REZONE REQU ST FLAT; KUDUZOVIC PROP RST AT r N OROUG & UPTON AVENUES S 1 1 mi x 2-» oho F E or _ 50.09 FT.� LEGAL DESCRIPTION: (SEE ATTACII1ENT: EMIT "A') 41 01 ET Cr �?t ,Oe B FT r6Q�,�4444z4 ;, •••.°4-0 gxP yam Q9� E03601 MT 1/4 ST 1/4 COBB) SE TON Ti 1195 14138 (F011II IAO.o.Tr (AUA10:R1 OISC; R P.C. SORCRETE) FT. ek 1" C Ei HI y a 6n ia+ 00 0' a — w -I IRI MEL'S N OF LOT "C" L ADDITIO 40.5 FT. 40.5 FT. ALLEY - PJRJC 9101T CF &AY 40.5 FT. N8975'28'5 — 116.68 FT. C'S 7894 FL S8925'26"E — 181.91 H. P,C ¢f101ETE >rPiL1ACN 50U"1-1 LINE NW 1/4, SECTION,' 22, T89N, R13W_ CENTERLINE OF PLA -TED 50.0 FT. PUBLIC RIG IT OF WAY NORTH UNE SW 1/4, S=CTION 22, T89N, R13W UPTON AVENUE 61.9 FT. 16.0 FT. PART OF LOT I GALL' 120.0 FT. LOT 71 WAY 1ST ADDITION -ITREBY CERTIFY THAT THIS LAND SURVEYING' DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED DY ME OR UNDER MY DIRECT PERSONAL SUPERVIS1014"AN AM A DULY LICENSED LAND SURVE DER TH T(S OF THE STATE OF IOWA. .44 _ nl,L to KIRK D. ESCHLIMAN, P.LS. IOWA I C. NO. 9961 MY LICENSE RENEWAL DATE IS DECEMBER 31, 20'5 PAGES DP. SHEETS COVERED BY THIS SIOVATUFE & SEAL SHEET ' 4 2 OF ? TRS ?LAT 9 7:07 Ca119m 9.'LRS Ali 2,71,M0 SOIL IS CURRENT OWNER: AD1S KUDUZOVIC & ECIS KUOLZOVIC PER BLACK HAY,X CCU'ITY RECORDERS OFFICE: DOCUMENT NO. 2014-0019056 PREPARE) FOR: ASS KUDUZOVIC & EDS KUDUZOVIC UN -ASSIGNED A00R=SS UP ION AVENUE WATERLOO, IOWA 50701 REQUESTED BY: ZLATKO KUDUZOVIC WA IERLOU, IOWA 50701 KESS & ASSOCIATES. ENC., 519 SYCAMORE ST., WATERLOO, IOWA 50703-4729 PHONE: (319) 234-0509 SAIL LT EELS 110610 SEPTEMBER 24, 2014 DWG. 041E 09/25/2014 DRAWN BY: SOL CADD FILE 14620-RZ1.dag PROJECT NO.: 14026 GRAPHIC SCALE 0 40 eo nch = 40 Ft. DENOTES ASSUMED BEARING "Cr DENOTES MONUMENT FOUND O" DENOTES MONUMENT SET 0.30' DENOTES RECORD DIMENSION (0.001 DENOTES FIELD DIMENSION 7 APPLICATION FOR REZONING CITY OF WATERLOO PLANNING, PROGRAMMING, AND ZONING CITY HALL, WATERLOO, IOWA 50703 PHONE: 319-291-4366 1. APPLICATION INFORMATION: a. Applicant's name (please print): Zlatko Kuduzovic Address: 846 Jane Street Phone: 319-231-9542 Fax: N. A. City: Waterloo State: Iowa Zip: 50701 b. Status of applicant:(a)Owner (b)Other "X" (CHECK ONE): If other explain: Family Property owner's name if different than above (please print): Edis Kuduzovic & Adis Kuduzovic _ Address: 846 Jane Street Phone: 319-231-9542 Fax: N. A. City: Waterloo State: Iowa Zip: 50701 2. PROPERTY INFORMATION: a. General location of property to be rezoned: NE Quadrant Intersection of Ansborough Avenue & Upton Avenue b. Legal description of property to be rezoned: That part of Parcel No. 8913-22-153-031, lying West of a line 133.06 feet East of the West line of the NW 1/4, Section 22, T89N, R13W, Black Hawk County, Iowa, to the East line of the current "C-2" zoning. c. Property dimensions: The New Area of"C-2" Zoning, Approximately 324 feet North & South by 83 feet East & West, with the total area of 21,755.8 square feet or 0.499 acres. d. Current zoning: "C-2" & "R-2" Requested zoning: "C-2" e. Reason(s) for rezoning: Current area zoned "C-2" is insufficient to allow for site development. f. Proposed use of property: Develop said Property within proposed "C-2" Guidelines g. Conditions (if any) agreed to: h. Other pertinent information (use reverse side if necessary): this property has not added to the tax base since the demolition in the late 1980's. FEE: $310.00 The filling fee (payable to the City of Waterloo) Is required. 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 will be used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council is making their decision. The undersigned authorize City Zoning Officials to enter the property in question in regards to the request. /Kr,.1�,. Signature of Applicant Date Signature of Owner ` ate NOTE: IF applicant is not the owner of the property, the signature of the owner must be secured. 14B26 -REZONING -APPLICATION -01 SHEET 1 OF 1 NE Corner of Ansborou_h Ave and U•ton Ave — Rezone R-2 to C-2 Standing on Upton Ave looking at the property in question. Looking at the adjacent residential property to the east of property in question. Looking south of the property at existing commercial uses along the east side of Ansborough Avenue. Looking west across Ansborough Avenue at existing commercial uses. 9 October 3/, 2014 We, the homeowners/residents oppose the rezoning of the area bordering, the Upton, Ansborough Maynard section from the currently "R2" One & Two Family Residence District to "C2" Commererciai District, to allow for commercial development of the property, located at the northeast corner of Ansborough Avenue and Upton Avenue. This has been requested by Zlatko Kuduzovcic Std® -- -i0 /nsbory 71 . } J .-3r-tL it Am 7)3 Uaital 5-11 bur1Cj f� 3I -int October 31 2014 We, the homeowners/residents oppose the rezoning of the area bordering, the Upton, Ansborough Maynard section from the currently "R2" One & Two Family Residence District to "C2" Cornmerercial District, to allow for commercial development of the property, located at the northeast corner of Ansborough Avenue and Upton Avenue. This has been requested by Zlatko Kuduzovcic /1-1-i4 dkik&11,71:0_/y 613 t de/0-13-itl LLQ_ ,t_42 lA,A1 744,01 Re_Toriezt f /I frAit4grat' a ftr� z, G.Q1:12ez 207 pia.pcuct_pitz. Print 11/4/14, 3:03 PM Subject: Rezoning From: Janice Merchant ijanicemerchant@yahoo.com) :-; To: jbarmy1960@yahoo.com; Date: Monday, November 3, 2014 4:58 PM Jeff Armstrong, 1 ,Janice Merchant, do not want the NE comer of Ansborough Ave. and Upton Ave. rezoned from R-2 to C-2. Thank -you for sharing my request to the Planning and Zoning Commission hearing on Tuesday, November 4,2014. Sincerely, Janice Merchant David Gomez 807 Maynard Ave. Waterloo, Ia. 50701 about:blank Page 1 of 1 City of Waterloo Planning, Programming and Zoning Commission November 4, 2014 Opposed to Rezone Request Not Opposed to Rezone Request NE Corner of Ansborough Ave & Upton Rezone "R-2" to "C-2" Zlatko Kuduzovic goiNW �,�-- i ,® T_ .� �;/ m 150 75 0 150 ` °10/100 N9 Feet ATTACHMENT: EXHIBIT "A": ZONE "C-2" DESCRIPTION: A- PARCEL OF LAND LOCATED IN PART OF LOTS "A" AND "B" IN HUMMEL ADDITION TO WATERLOO, IOWA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT "B"; THENCE NORTH 89 DEGREES 25 MINUTES 28 SECONDS WEST, 98.94 FEET ALONG THE SOUTHERLY LINE OF SAID LOT "B" AND LOT "A" TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 89 DEGREES 25 MINUTES 28 SECONDS WEST, 82.97 FEET TO A POINT ON THE CURRENT EAST LINE OF THE PUBLIC RIGHT OF WAY KNOWN AS ANSBOROUGH AVENUE; THENCE NORTH 01 DEGREES 22 MINUTES 05 SECONDS EAST, 285.67 FEET ALONG SAID LINE TO A POINT; THENCE NORTH 60 DEGREES 38 MINUTES 58 SECONDS EAST, 76.67 FEET; THENCE SOUTH 01 DEGREES 27 MINUTES 26 SECONDS WEST, 223.92 FEET TO A POINT; THENCE SOUTH 89 DEGREES 25 MINUTES 28 SECONDS EAST, 17.40 FEET ALONG SAID LINE TO A POINT ON EAST LINE OF NORTH -SOUTH ALLEY, SOUTH OF UPTON AVENUE, SAID LINE EXTENDED; THENCE SOUTH 01 DEGREES 22 MINUTES 05 SECONDS WEST, 100.01 FEET ALONG SAID LINE TO THE POINT OF BEGINNING, CONTAINING 21,755.8 SQUARE FEET, OR 0.499 ACRES. Rezone Legal Description SHEET NO.2 OF 2 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-979 RESOLUTION FIXING THE TIME AND PLACE OF HEARING TO BE GIVEN ON APPLICATION OF ZLATKO KUDUZOVIC OF WATERLOO, IOWA TO REZONE APPROXIMATELY 0.49 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF ANSBOROUGH AVENUE AND UPTON AVENUE FROM "C-2" COMMERCIAL DISTRICT AND "R-2" ONE AND TWO FAMILY RESIDENCE DISTRICT TO "C-2" COMMERCIAL DISTRICT, AS DECEMBER 1, 2014, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA, AND INSTRUCTING CITY CLERK TO PUBLISH NOTICE OF HEARING. WHEREAS, the Council of the City of Waterloo, Iowa, shall meet in the Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 1st day of December, 2014, for the purpose of considering and acting upon an application of Zlatko Kuduzovic of Waterloo, Iowa to rezone approximately 0.49 acres of land from "C-2" Commercial District and "R-2" One and Two Family Residence District" to "C-2" Commercial District, to allow for possible future use for the property, and legally described as follows: A parcel of land located in part of Lots "A" and "B" in Hummel Addition to Waterloo, Iowa, described as follows: Commencing at the Southeast corner of said Lot "B"; thence North 89 Degrees 25 Minutes 28 Seconds West, 98.94 feet along the Southerly line of said Lot "B" and Lot "A" to the point of beginning; thence continuing North 89 Degrees 25 Minutes 28 Seconds West, 82.97 feet to a point on the current East line of the public right of way known as Ansborough Avenue; thence North 01 Degrees 22 Minutes 05 Seconds East, 285.67 feet along said line to a point; thence North 60 Degrees 38 Minutes 58 Seconds East, 76.67 feet; thence South 01 Degrees 27 Minutes 26 Seconds West, 223.92 feet to a point; thence South 89 Degrees 25 Minutes 28 Seconds East, 17.40 feet along said line to a point on East line of North-South alley, South of Upton Avenue, said line extended; thence South 01 Degrees 22 Minutes 05 seconds West, 100.01 feet along said line to the point of beginning, containing 21,755.8 square feet, or 0.499 acres. 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 17thd.. of November, 2014. 7 a ATTEST: <l � Er'n?st G. Clark, Mayor Suzy Schalres, CMC City Clerk CITY OF WATERLOO Council Communication City Council Meeting: November 17, 2014 Prepared: November 13, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: F.Y. 2015 GERALDINE ROAD - PHASE III CITY CONTRACT NO. 871 RM -8155(742)-9D-07 Change Date of Bid Opening and Public Hearing Submitted by: Jeff Bales, Associate Engineer Recommended City Council Action: It is recommended that Council approve the change of bid opening date to December 11, 2014 and change the public hearing date to December 15, 2014 and instruct the City Clerk to publish notices. Summary Statement Contractors asked for additional time to bid on this project due to end of construction season work and upcoming Thanksgiving break. Therefore, the bid opening would be moved back one week to December 11`h and the public hearing moved to December 15`h Expenditure Required TBD at bid opening Source of Funds 50% RISE Funds and 50% Local Option Sales Tax Policy Issue N/A Alternative N/A Background Information This project has been awarded RISE Funding by the DOT Commission and includes a 1394 -ft. extension of Geraldine Road to tie into Airline Highway. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-980 RESOLUTION RE -SETTING THE TIME AND PLACE OF HEARING ON PROPOSED PLANS, SPECIFICATIONS, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE F.Y. 2015 GERALDINE ROAD - PHASE III, CONTRACT NO. 871, IN THE CITY OF WATERLOO AS DECEMBER 15, 2014, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA, 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 in the Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 15th day of December, 2014, for the purpose of holding a public hearing on proposed plans, specifications, form of contract, etc., in conjunction with the F.Y. 2015 Geraldine Road - Phase III, Contract No. 871, 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 17th day of November, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Scha,es, CMC City Cler TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY ,Vg&2t'(/7 71 a 1346— A? r.. I / <ol-5 s 31,74 .4t - Copy - Department NAME(S) AND POSITION(S): Tina Schellhorn, Electrical Foreman, Roger Wooden, Kelby Haines, Nate Alderman — Electricians Matt Vlasak, Signal Technician Foreman, Craig Hintzman — Signal Tech 11 DATE: October 31, 2014 NAME OF CLASS / MEETING: 2014 — National Electric Code Update Class DESTINATION: Waterloo, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: December 10, 2014 RETURN DATE: December 10, 2014 DATE(S) OF MEETING: December 10, 2014 PURPOSE OF TRAVEL/TRAINING: Teaching of new requirements for installations of electrical systems now needed — covering residential, commercial, and industrial changes and how that affects wiring in today's electrical system. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: X COST $ YES NO METHOD OF TRAVEL: CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: LODGING MEALS $100.00 REGISTRATION TAXI PARKING AIRFARE $75.00 MILEAGE/FUEL (booklet) MISC/TOLLS TOTAL FOR ALL: $ $675.00 BUDGET LINE ITEM: 266-17-7120-1345 X GRANT REIMBURSABLE YES NO X YES NO REQUIRED CERTIFICATION TOTAL: $ -tOritirr PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I‘ tiCil et') P RN D h (6) 31 1`( Mared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST „,4S AYOR /07 /`f DATE CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street . Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 CITY OF WATERLOO Council Communication City Council Meeting: November 3, 2014 Prepared: October 29, 2014 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Set a date of public hearing and publish an official notice pertinent to the proposed 3 -year lease agreement between American Pattern Storage, LLC and the City of Waterloo for lease of the former Food Bank building generally located at the southeast corner of East 11th Street and Sycamore Street, for $600/month plus demolition activities. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Recommended City Council Action: We ask that the City Council approve the lease agreement as described, after a hearing on said agreement. Summary Statement: As you may recall, the City acquired the former Food Bank building as a part of the overall Human Services Campus development. The City has no immediate plans for the former food bank site, and there is long term planning discussions underway for its future use — residential or commercial/ industrial. Currently the east side of East 11th Street is designated for commercial and industrial, and the west side of East 11th Street is designated for residential. American Pattern & Storage is proposing a 3 -year lease of the site for $600/ month to rent the 7,000 sq. ft. of building space. As a part of the agreement, American Pattern & Storage would complete interior demolitions on the 10,000 sq. ft. portions of the building, over that next 2-3 years. American Pattern & Storage would pay all utilities for building, and would be installing a larger overhead door as a part of their use. The lease would also include their first right to rent out the 10,000 sq. ft. portions when demolition is available, and/or buy the site from the City of Waterloo at end of 3 -year period or when City would decide to potentially sell the site. Staff believes this to be a good lease agreement for the City of Waterloo. American Pattern & Storage is a growing company in the Waterloo community, so we believe they may be an ideal candidate to located and expand in the Rath area. The 3 -year CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer lease arrangement gives both parties the ability to see how they like the site, how the business is working out in this area, and what the future use of the site may be best suited for long term. The $600/month amount would appear fair given the condition of the building, and given that the demolition work to be provided by American Pattern & Storage is estimated at over $45,000. Expenditure Required: NA Source of Funds: NA Policy Issue: Sale of Property/ Economic Development Alternative: NA Background Information: The former Food Bank building is located within the former Rath area. Staff is continuously working to redevelop former industrial and brownfield sites in this general vicinity, and believe this lease arrangement may help to bring a new growing employer to this area of the community. If that does not work, it will at least work to improve the buildings in this area and find out if they can be used for continued industrial warehousing, etc. And the 3 -year lease gives the City time to determine the highest and best use of this site. necse recum EMS Copy to: City Clerk & Finance Dept. 715 Mulberry St. Waterloo, IA 50703 [. S ESS PROPERTY T ( LEASE This Business Property Lease (the "Lease") is made and entered into as of t 2014, by and between Catty of Waterloo, Iowa ("Landlord"), whose address for the purpose of this Lease is 715 Mulberry Street, Waterloo, Iowa, 50703, and American Pattern Storage, L .C., an Iowa limited liability company (the "Tenant"), whose address for the purpose of this Lease is 606 Fairview Avenue, Waterloo, IA 50703. • 1. PREMISES AND TERM. The Landlord, in consideration of the rents herein reserved and of the agreements and conditions herein contained, on the part of the Tenant to be kept and performed, leases unto the Tenant and Tenant hereby rents and leases from Landlord, according to the terms and provisions herein, the following described real estate, situated in Black Hawk County, Iowa, to wit: Approximately 7,000 square feet (the "Premises") of the building located at 106 E. 11th Street, Waterloo, Iowa, situated upon real estate (the "Property") consisting of portions of Lots 3, 7 and 8, in Auditor's Consolidated Plat of Waterloo, as more particularly described in the deed filed as Doc. No. 2014-2183; with the improvements thereon and all rights, easements, and appurtenances thereto belonging, for a term commencing upon approval of this Lease by the Waterloo City Council and continuing until and including October 31, 2017, upon the condition that the Tenant pays rent therefor, and otherwise performs as provided in this Lease. Tenant shall have shared use of the exterior portions of the Property in common with Landlord and other authorized tenants and users of the Property. 2. RENTAL. (a) RENT. Tenant agrees to pay to Landlord as rental for said term, as follows: $600.00 per month, in advance, the first such rent payment becoming on execution of this Lease, and the same amount, per month, in advance, on the 1st day of each month after the first month of the Lease term, during the term of this Lease. Tenant will be given credit for any payment made to Landlord under the terms of an early occupancy agreement with respect to the Premises. (b) SECURITY DEPOSIT. In addition to the above monthly rentals, Tenant shall also pay a security deposit in the amount of $ 0 , due and payable upon execution of this Lease. (c) OTHER. All sums shall be paid at the address of Landlord, as above designated, or at such other place as the Landlord may, from time to time, previously designate in writing. Delinquent payments shall draw interest at 12% per annum, compounded monthly, from the due date, until paid. 3. PSSESSION. Tenant shall be entitled to possession on the first day of the term of this Lease, and shall yield possession to the Landlord at the time and date of the close of this Lease term, except as herein otherwise expressly provided. Should Landlord be unable to give possession on said date, Tenant's only damages shall be a rebating of the pro rata rental. 4. USE OF PREMISES. Tenant covenants and agrees during the term of this Lease to use and to occupy the Premises only for activities and purposes consistent with and incidental to operation of a pattern and tooling storage business. Landlord has not reviewed zoning or other applicable legal requirements or limitations imposed by any local, state, or federal governmental authority that may affect Tenant's use of the Premises, and Landlord makes no representation or warranty that the Premises is suitable for Tenant's intended use. Tenant shall conduct its own review of applicable law and shall be solely responsible for meeting all legal requirements, including but not limited to building permits, licensure, or governmental approval. 5. QUIET ENJOYMENT. Landlord covenants that its estate in the Property is fee simple and that the Tenant on paying the rent herein reserved and performing all the agreements by the Tenant to be performed as provided in this Lease, shall and may peaceably have, hold and enjoy the Premises for the term of this Lease free from molestation, eviction or disturbance by the Landlord or any other persons or legal entity whatsoever. (But see paragraph 14, below.) Landlord shall have the right to mortgage all of its right, title, interest in the Property at any time without notice, subject to this Lease. 6.. C'u,RE AND MAINTENANCE OF PREMISES. Each party shall perform its responsibilities of repair and maintenance to the end that the Premises will be kept in a safe and serviceable condition. Neither party will permit 1 installed in the Premises, providing said Tenant repairs any and all damages caused by removal and leaves the Premises in a condition that is secure from entry by third parties. (d) HOLDING OVER. Tenant shall not continue to occupy the Premises beyond the Lease term without the express prior written consent of Landlord. 2. ASSIGNMENT AhfiJ SUBLETTING. Tenant may not assign this Lease or sublet the Premises or any part thereof. Notwithstanding anything to the contrary in this paragraph, Tenant may assign this Lease to the surviving entity in connection with any corporate merger, consolidation or reorganization to which Tenant is a party, provided that Tenant notifies Landlord of such assignment no later than the effective date of the transaction. 10. PROPERTY TAXES. The parties acknowledge that the Property is currently exempt for property tax purposes but that it shall become taxable by virtue of this Lease. Until actual tax figures are determined in the future, Tenant agrees to make a payment in lieu of taxes to cover the estimated, anticipated tax liability that will accrue hereby. With each monthly payment of rent, Tenant shall remit the sum of $211.17 to cover the payment in lieu of taxes. If a property tax statement is issued during the term of this Lease, then such payment shall be adjusted to be an amount equal to one -twelfth (1/12th) of the annual tax. Tenant shall also timely pay all taxes, assessments, or other public charges levied or assessed by lawful authority against its personal property on the Premises during the term of this Lease. Tenant shall pay all special assessments that would become delinquent if not paid during the term of this Lease. Each party reserves the right to protest any assessment of taxes. 11. INSURANCE. (a) Landlord and Tenant will each keep its respective property interests in the Premises and its liability in regard thereto, and the personal property on the Premises, reasonably insured against hazards and casualties: that is, fire and those items usually covered by extended coverage; and Tenant will procure and deliver to Landlord a certification from the respective insurance companies to that effect. Such insurance shall be made payable to the parties hereto as their interests may appear, except that Tenant's share of such insurance proceeds are hereby assigned and made payable to the Landlord to secure rent or other obligations then due and owing by Tenant to Landlord. To the extent permitted by their policies, Landlord and Tenant waive all rights of recovery against each other. (b) Tenant further covenants arid agrees that it will at its own expense procure and maintain commercial general liability insurance in the amount of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. Such insurance shall cover liability arising from premises operations, independent contractors, personal injury, products, and completed operations and liability assumed under an insured contract, including but not limited to the activities of Tenant, its employees and agents. Certificates or copies of said policies, naming the Landlord as an additional insured, and providing for thirty (30) days' advance notice to the Landlord before cancellation, shall be delivered to the Landlord within no later than the date that Tenant begins to occupy the Premises. A renewal certificate shall be provided to Landlord prior to expiration of any policy. (c) Tenant will not do or omit the doing of any act which would vitiate any insurance, or increase the insurance rates in force upon the real estate improvements on the Property or upon any personal property of the Tenant upon which the Landlord by law or by the terms of this Lease, has or shall have a lien. (d) Tenant further agrees to comply with recommendations of Iowa Insurance Services Office and to be liable for and to promptly pay, as if current rental, any increase in insurance rates on the Premises and on the building of which the Premises are a part, due to increased risks or hazards resulting from Tenant's use of the Premises otherwise than as herein contemplated and agreed. 12. INDEMNITY. Except as to any negligence of the Landlord or its agents in the performance of any obligation of Landlord under this Lease, Tenant will defend, indemnify, and hold harmless the Landlord from and against any and all loss, costs, damage, and expenses occasioned by, or arising out of, any accident or other occurrence causing or inflicting injury and/or damage to any person or property, happening or done, in, upon, or about the Property, or due directly or indirectly to the tenancy, use, or occupancy thereof, or any part thereof by the Tenant or any person claiming through or under the Tenant. Prior to occupancy of the Premises hereunder, Tenant has had the opportunity to test the Premises for toxic or hazardous substances, mold, and other environmental matters, and Tenant agrees that the indemnities set forth in this paragraph shall include but not be limited to any claims, demands, losses, or causes of action arising from or relating to such matters. The provisions of this paragraph shall survive the expiration, abandonment, or termination of this Lease. procedure or as an alternative to the foregoing (and neither being exclusive of the other), Landlord may proceed as provided in paragraph 21 below. (b) BANKRUPTCY OR INSOLVENCY OF TENANT. In the event Tenant is adjudicated a bankrupt or in the event of a judicial sale or other transfer of Tenant's leasehold interest by reason by any bankruptcy or insolvency proceedings or by other operation of law, but not by death, and such bankruptcy, judicial sale, or transfer has not been vacated or set aside within ten (10) days from the giving of notice thereof by Landlord to Tenant, then and in any such events Landlord may, at its option, immediately terminate this Lease and, upon giving of ten (10) days' written notice by Landlord to Tenant, re-enter the Premises, all to the extent permitted by applicable law. (c) OTHER REMEDIES. In addition to any remedies set forth in this Section 15 or otherwise available under applicable law, in the event of a default Landlord may exercise any one or more of the following remedies: (i) Declare due, sue for, and receive from Tenant the sum of all payments and other amounts then due and owing under this Lease, plus the accelerated balance of future payments; (ii) Terminate this Lease or any other agreement with Tenant; (iii) Collect from Tenant all other amounts due and owing under this Lease; (iv) Charge interest on all sums due hereunder from and after the date of default at the rate of 18% per annum, compounded monthly, until paid in full, but in no event more than the maximum rate permitted by law; and (v) Charge an administrative late fee of $25.00 for each payment not received within five days of the due date (in addition to any applicable penalty interest). In addition, Landlord may use any other remedies available to it under applicable law. (d) In the circumstances described in paragraphs (a) -(b) above, waiver as to any default shall not constitute a waiver of any other or subsequent default, and no delay in exercising any right or remedy shall operate as a waiver of any right or remedy or modify the terms of this Lease. Remedies will be applied cumulatively, to the extent allowed by law. Tenant agrees to pay Landlord all costs and expenses, including attorneys' fees, incurred by Landlord in exercising or attempting to exercise any of its rights or remedies or in defending against the claims of Tenant. If appropriate in the circumstances, remedies will include those available under UCC Article 9. As an additional optional procedure or as an alternative to the foregoing (and neither being exclusive of the other), Landlord may proceed as provided in paragraph 21 below. (e) The parties agree to the jurisdiction and venue of the Iowa District Court for Black Hawk County in any action to construe, interpret, or enforce this Lease. EACH PARTY HEREBY WAIVES ITS RIGHT TO A JURY TRIAL WITH RESPECT TO ANY MATTER ARISING OUT OF OR IN ANY WAY RELATED TO THIS LEASE, WHETHER DIRECTLY OR INDIRECTLY. (f) Acceptance of keys, advertising, and re -renting by the Landlord upon the Tenant's default shall be construed only as an effort to mitigate damages by the Landlord, and not as an agreement to terminate this Lease. 16. RIGHT OF EITHER PARTY TO MAKE GOOD ANY DEFAULT OF THE OTHER. If default shall be made by either party in the performance of, or compliance with, any of the terms, covenants, or conditions of this Lease, and such default shall have continued for thirty (30) days. after written notice thereof from one party to the other, the person aggrieved, in addition to all other remedies now or hereafter provided by law, may, but need not, perform such term, covenant, or condition, or make good such default, and any amount advanced shall be repaid forthwith on demand, together with interest at the rate of 12% per annum from the date of advance. 17. SIGNS. (a) Tenant shall have the right and privilege of attaching, affixing, painting, or exhibiting signs on the Premises, provided only (1) that any and all signs shall comply with the ordinances of the municipality in which the property is located and with the laws of the State of Iowa; (2) such signs shall not change the structure of the building; (3) such signs if and when taken down shall not damage the building; and (4) such signs shall be subject to the prior written approval of the Landlord, which approval shall not be unreasonably withheld. (b) Landlord during the last ninety (90) days of this Lease, or extension, shall have the right to maintain in the windows or on the building or on the Premises either or both a "For Rent" or "For Sale" sign and Tenant will permit, at such time, prospective tenants or buyers to enter and examine the Premises. 18. MECHANIC'S LIENS. Neither the Tenant nor anyone claiming by, through, or under the Tenant, shall have the right to file or place any mechanic's lien or other lien of any kind or character whatsoever upon the Premises or upon any building or improvement thereon, or upon the leasehold interest of the Tenant therein, and notice is hereby given that no contractor, subcontractor, or anyone else who may furnish any material, service, or labor for any building, improvements, alteration, repairs or any part thereof, shall at any time be or become entitled to any lien 5 (d) If during the Lease term Landlord desires to sell the Property, Tenant shall have a right of first refusal to purchase the Property on the same terms as are set forth in a written offer or purchase agreement submitted by Landlord by a third -party unaffiliated with Tenant through common ownership or control. To exercise said right, Tenant must deliver written notice of exercise to Landlord within fourteen (14) days following its receipt of a copy of said purchase agreement. If Landlord otherwise desires to sell the Property, it shall notify Tenant and the parties will attempt in good faith to negotiate a sale of the property to Tenant on mutually acceptable terms. If the parties do not reach agreement, Landlord shall be free to sell the Property to vvhomever it chooses. (e) This Lease is subject to approval by the Waterloo City Council. (f) Due to the S2 (non-combustible) type of materials and tooling being stored, no sprinkler system will be required. 26. COh STRUCTION. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine, feminine, or neuter, according to the context. IN WITNESS WHEREOF, the parties hereto have executed this Business Property Lease by their duly authorized representatives as of the date first written above. LANDLORD TENANT City of W rloo, Iowa By: ��-: STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING ON A LEASE OF PROPERTY LOCATED AT THE SOUTHEAST CORNER OF EAST 11TH STREET AND SYCAMORE STREET WITH AMERICAN PATTERN STORAGE, LLC TO WHOM IT MAY CONCERN: Notice is hereby given that on the 17th day of November, 2014, at 5:30 p.m. in the in the Harold E. Getty Council Chambers in the City Hall in the City of Waterloo, Iowa, a public hearing Will be held by the Council of the City of Waterloo, Iowa, to approve a 3 -year lease agreement in the amount of $600.00 onth, plus demolition activities, between American Pattern Storage, LLC and the City of Waterloo for lease of the former Food Bank building generally located at the southeast corner of East 11th Street and Sycamore Street, legally described as: Lots Nos. 3, 7 and 8 in Auditor's Consolidated Plat of Waterloo, as more particularly described in the deed files as Doc. No. 2014-2183, Waterloo, Iowa; The lease area described above is subject to all utility easements and easements of record for ingress and egress. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 3rd day of November, 2014. Suzy Schares, CMC City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing: Lease of East 11th Street and Sycamore Street Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 6th day of November, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $18.29 Subscribed and sworn to before me this I 0 Day of Ocyth A.D., 20 1'I Received of C1,0EL MIALaUl Notary Public the sum of Dollars. In full for publication of the above notice. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-981 RESOLUTION APPROVING BUSINESS PROPERTY LEASE AGREEMENT WITH AMERICAN PATTERN STORAGE, 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 Business Property Lease Agreement dated November 17, 2014, to rent 7,000 square feet of building space at the former Food Bank building generally located at the southeast corner of East 11th Street and Sycamore Street, at a cost of $600.00 per month plus demolition activities until October 31, 2017, by and between American Pattern Storage, 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 17thIG f November, 2014. ATTEST: uzy Scha es, CMC City Cler E. Clark, Mayor Mayor BUCK CLARK COUNCIL MEMBERS CITY OF WATERLOO, IOWA COMMUNITY DEVELOPMENT 620 Mulberry Street, Carnegie Annex • Waterloo, IA 50703 • (319) 291-4429 Fax (319) 291-4431 Council Communication City Council Meeting: November 3, 2014 Prepared: October 28, 2014 2 Dept. Head Signature: 'CZ/ /)( SUBJECT: Resolution setting date of public hearing as November 17, 2014 to sell a DAVID new construction home at 923 Lafayette Street and convey real property for $121,000.00 JONES through the Neighborhood Stabilization Program. Ward 1 Submitted by: Rudy D. Jones, Community Development Director CAROLYN COLE Ward 2 Recommended City Council Action: Approval. PATRICK Summary Statement: Transmitted herewith is a request by the City of Waterloo, WodRRIssEY Community Development Department to set the date of public hearing for the sale and conveyance of property at 923 Lafayette Street, Waterloo, Iowa 50703 to Chastity P. QUENTIN M. Thomas for the purchase price of $121,000.00. HART Ward 4 Property legally described as: Parcel "P" of Plat of Survey Doc. # 2012-10081 of RON part of Lots 8 and 9, Block No. 25 in the Original Plat, on the East Side of the Cedar WELPER River, in the City of Waterloo, Black Hawk County, Iowa. Ward 5 TOM Expenditure Required: None LIND At -Large Source of Funds: Neighborhood Stabilization Program STEVE SCHMITT Policy Issue: Sale of Land At -Large Background Information: The City of Waterloo, Community Development Department has utilized NSP funds to stabilize and redevelop the 900/1000 block of Lafayette Street. RDJ:an J:\IEDA GRANTS\NEIGH STABILIZ GRANT\NSP-3\923 Lafayette\Council Communication- Sale of Property NSP.docx EQUAL HOUSING OPPORTUNITY CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 17th day of November, 2014, at 5:30 p.m., in the Harold E. Getty Council Chambers in the City Hall in the City of Waterloo, Iowa, a public hearing will be held by the Council of the City of Waterloo, Iowa, for the sale and conveyance of a new construction dwelling on city -owned prop- erty located at 923 Lafayette Street to Chastity P. Thomas for $121,000.00, legally described as follows: Parcel "P" of Plat of Survey Doc. #2012-10081 of part of Lots 8 and 9, Block No. 25 in the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 3rd day of November, 2014, Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing: 923 Lafayette Street — Chastity Thomas Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 6th day of November, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $12.66 Signed Subscribed and sworn to before me this l Day of f O X J3fA.D., 20 1 �T Received of Q Notary Public the sum of Dollars. In full for publication of the above notice. JODI E MCKINSTRV COMMISSION NO.782413 MY COMM Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-982 RESOLUTION AUTHORIZING THE SALE AND CONVEYANCE OF CITY -OWNED PROPERTY WITH NEW CONSTRUCTION HOME LOCATED AT 923 LAFAYETTE STREET, FOR $121,000.00, PLUS COSTS, AND AUTHORIZING THE MAYOR AND DEPUTY CITY CLERK TO EXECUTE AND DELIVER DEED FOR SAME. WHEREAS, the City of Waterloo, Iowa is the owner of real property in the City of Waterloo, Iowa, as described below, and WHEREAS, an offer to purchase said certain parcel of real property has been made by Chastity P. Thomas in the sum of $121,000.00, plus costs, and WHEREAS, a public hearing was held on November 17, 2014, at 5:30 p.m. in the Harold E. Getty Council Chambers in City Hall, Waterloo, Iowa, as provided by law, by the Council of the City of Waterloo, Iowa, on the proposal to sell and convey premises owned by the City of Waterloo, Iowa, to Chastity P. Thomas, and WHEREAS, it is the opinion of this Council that sale and conveyance should be made as proposed. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, AS FOLLOWS: 1. The following described real property, as fully described in the published notice in the Waterloo Courier on November 6, 2014, is not presently needed and will not be needed in the foreseeable future for municipal purposes and its ownership is serving no municipal purpose, and 2. That the offer of Chastity P. Thomas to purchase real property for the sum of $121,000.00, and costs, be and it is hereby accepted for real property described below: Parcel "P" of Plat of Survey Doc. #2012-10081 of part of Lots 8 and 9, Block No. 25 in the Original Plat, on the East Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. 3. That the City of Waterloo, Iowa convey said parcel of real property to Chastity P. Thomas by deed. 4. That the Mayor and Deputy City Clerk are hereby authorized to execute and deliver deed to Chastity P. Thomas. 5. That the original of said deed fully executed and acknowledged is hereby approved and confirmed by the Council. 6. That the Deputy City Clerk is authorized and directed to deliver said deed of conveyance to Chastity P. Thomas upon receipt in the sum of $121,000.00, and costs. Resolution No. 2014-982 Page 2 PASSED AND ADOPTED this 17th day of November, 2014. est G. Clark, Mayor ATTEST: (14741:1*V604— Carol Nemm rs Deputy City Clerk CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 CITY OF WATERLOO (tat_ 4-6 cezA4xj. ..14,6):,6141-4-- .Juce,,'u-ems. Council Communication City Council Meeting: October 27, 2014 Prepared: October 22, 2014 Dept. Head Signature: # of Attachments: 7 SUBJECT: Request to receive bids on November 13, 2014 and set a date of public hearing for November 17, 2014 , and publish an official notice pertinent to the taking of bids for the sale of city owned property at 323 Crescent Place for the minimum bid of $5,000 with Development Agreement. Submitted by: Noel Anderson -Community Planning and Development Director Recommended City Council Action: Resolution setting the date of public hearing on the sale of a 657A property at 323 Crescent Place for the minimum bid of $5,000 with Development Agreement and publish an official notice pertinent to the requested sale. Summary Statement: The property was acquired through 657A this year 2014. The property has been inspected by staff and the building official and it was determined that the building appears to be in good shape for rehabilitation. The property includes a 320 square foot garage that was built in 1925 that may be able to be saved. There has been a great deal of interest in this property and staff expects to be able to select a qualified bidder to successfully rehabilitate the property to a standard that the city and surrounding neighborhood can be proud of. As you may remember the cities first sale of a 657A property under the new policy was at 261 Cottage Grove which occurred in 2011. The project was a success and will be generating approximately $1,800 in taxes per year once the CURA Abatement Program Is complete. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Dilapidated Housing/Infill Development Alternative Demolish and sell lot only CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Background Information: The City of Waterloo has been working to address the state of disrepair of the property through out the city using Iowa Legislation (657A) that allows cities to take possession of dilapidated and abandoned homes. The City acquired the property in 2012 through Iowa Code 657 A. Staff has sold one other property under the new Sale of 657A property policy at 261 Cottage Grove. That process proved successful and staff would like to continue selling these properties that can reasonably be rehabbed to responsible citizens with the capabilities to complete the project in a timely manner and meet all necessary Building Codes as well as be an example for quality development in the neighborhoods that they are in. Printable Map Output Page 1 of 1 Black Hawk County Parcel Map Parcel ID: Deed Holder: Parcel Address: :913-23-282-005 ITY OF WATERLOO Legond Selected Features hospital airport re parks_ parks twprrig Railroads Townships Sections Water '—i Parcels Rights of -Way Township of City Lines /" railroad dim roaddim watername_ parceldlm roadname_ Aerial Photos Black Hawk Co. Black Hawk County, Iowa 316 East 5th Street aterloo, Iowa 50703-4774 Phone: (319) 833-3002 Fax: (319) 833-3070 E-mail: auditor. co.black-hawk.ia.us.or M.l{i acMod with _160ft Map Disclaimer: This map does not represent a survey. No liability is assumed for the .ccuracy of the data delineated herein, either expressed or implied by Black Hawk County, he Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains nformation required for local government purposes. See the recorded documents for more retailed legal information. http://www2.co.black-hawk. ia.us/servlet/com.esri.esrimap.Esrimap?ServiceName=bhov... 10/22/2014 Black Hawk County Property Photos There is 1 photo of parcel 891323282005. Page 1 of 1 http://www2. co.black-hawk. ia.us/website/bhmap/bhParlmages.asp?apn=891323 282005 &... 10/22/2014 Black Hawk County Detailed Parcel Report Page 1 of 2 BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID Deed Holder 'Tax Mail to Address 8913-23-282-005 CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST CITY OWNED WATERLOO, IA 50703-0000 PDF No. Map Area Contract Buyer 6 NWTLO-01 2,295 Property Address Current Recorded Transfer 323 CRESCENT PL WATERLOO, IA 50703-0000 Date Drawn Date Filed Recorded Document Type 2/21/2014 2/21/2014 2014 015507 D SALES BUILDING PERMIT Date AmountNUTC / Type Date Number Amount Reason 10/12/199410,500 M/E NORMAL ARMS -LENGTH TRANSACTION - PRIOR 09 / Contract 12/5/2008 WA 11069 2,295 Furnace 0 ASSESSED VALUES/CREDITS Year Class 2014 E 100% Value Land Dwelling Building M/E Total Acres 2,850 19,240 0 0 22,090 0 Taxable Value Land Dwelling Building M/E Total 2,850 19,240 0 0 22,090 Year Class 2013 R 100% Value Land Dwelling Building M/E Total Acres 2,850 19 240 0 0 22,090 0 Taxable Value Land Dwelling Building sM/E M/E Total 1,550 10,467 0 0 12,017 Year Class 2012 R 100% Value Land Dwelling Building M/E Total Acres 2,850 19,240 0 0 22,090 0 Taxable Value Land Dwelling Building M/E Total 1,505 10,162 0 0 11,667 TAX INFORMATION ASSESSMENT YEAR 2013 PAYABLE 2014/2015 Tax District 940001 - WATERLOO Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 22,090 12,017 0 41.40455 $497.56 $498.00 Nocorp 0 0 0 0 $0.00 Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Ag Credit Business Property Tax Credit Corp $0.00 $0.00 $0.00 $0.00 $0.00 Nocorp $0.00 http ://www2. co. black -hawk. ia.us/website/bhmap/bhRepDet. asp?apn=8913 23 282005 10/22/2014 Black Hawk County Detailed Parcel Report LEGAL Page 2 of 2 CALUMET SUBDIVISION LOT 6 BLK 4 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Front Foot 40 40 120 120 0 4800 0.11 Totals: 0 4800 0.11 DWELLING CHARACTERISTICS Type Single -Family / Owner Occupied Style 1 Story Frame Total Living Area 720 Year Built Area Heat AC Attic 1916 720 Yes No Floor & Stairs Total Rooms Above 4 Total Rooms Below Bedrooms Above Bedrooms Below 0 2 0 Basement Full Basement Finished Area No Basement Floor 0 0 Foundation C Blk Flooring Exterior Walls Asb Carp / Vinyl Interior Finish Panel Roof Asph / Hip Floor/VVall Non -Base Heating Plumbingf1 Full Bath 0 Pipeless Handfired Space Heaters Porch tyle Area 1S Frame Enclosed 168 GARAGES ear Built Style Width Length Area Basement Qtrs Over Area AC 1925 Det Frame 0 0 320 0 None 0 0 BASEMENT STALLS None Entry Status: http://www2.co.black-hawk. ia.us/website/bhmap/bhRepDet. asp?apn=891323282005 10/22/2014 STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING AND NOTICE TO BIDDERS for the taking of Request for Prop,:sals for SALE OF CITY -OWNED PROPERTY 323 Crescent Place Sealed bids must be received by the City Clerk of the City of Waterloo at her office at City Hall, 715 Mulberry Street, Waterloo, Iowa 50703 no later than Thursday, November 13, 2014 at 1:00 p.m., at which time bids will be opened in the First Floor Conference Room at City Hall, for the sale of City -owned property located at 323 Crescent Place, legally described as follows: Calumet Subdivision, Lot 6 Block 4 in the City of Waterloo, Black Hawk County, Iowa. Notice is hereby given that the Council of the City of Waterloo, Iowa will conduct a public hearing on the Request for Proposals for the sale of City -owned property located at 323 Crescent Place at 5:30 p.m. on November 17, 2014, in the Harold E. Getty Council Chambers in the City Hall in the City of Waterloo, Iowa. The proposed Request for Proposals form is on file in the office of the City Clerk for public examination. A Request for Pro- posals document may be obtained from the Planning and Zoning Office, 715 Mulberry Street, Waterloo, Iowa, 50703. Anyone who is interested may appear at said time and place and be heard or may file written objection with the City Clerk, City Hall, Waterloo, Iowa, before the date set for said hearing. By order of the Council of the City of Waterloo this 27th day of October, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing and Notice to Bidders: 323 Crescent Place Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 30th day of October, 2014 in the name of said newspaper, and that the annexed rate of advertised is the regular legal rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $20.64 Signed Subscribed and sworn to before me this __31_ Day of A.D., 20 \14 Received of MrtilLti Notary Public the sum of Dollars. In full for publication of the above notice. o t.° a ro • JODI E MCKINSTRY1 COMMISSION NO.782413 v C01_22,22=7.. CITY OF WATERLOO Council Communication City Council Meeting: November 17, 2014 Prepared: November 12, 2014 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: 1 SUBJECT: Resolution approving Amendment to Development Agreement with MMC Properties, LLC for the new industrial building on Geraldine Road — changing the timeframe to begin construction from earlier this spring to this fall and completion within 6 months, 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, back in March of 2104 the City of Waterloo approved a Development Agreement with MMC Properties, LLC for the construction of a new 10,000 sq. ft. warehouse on Geraldine Road. This new warehouse would be for Version Wireless warehouse space and would have a new total value of $352,000 for the City of Waterloo. All other portions of the Development Agreement would remain the same. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development Alternative: NA Background Information: As you may recall, the City of Waterloo recently worked with State RISE funds for the construction of Geraldine Road on the south side of Airline Highway for the creation of more industrial lots. The City has seen one 40,000 sq. ft. spec building built, has an agreement for another 40,000 spec building to start soon, has helped Koelker Excavating build a new 10,400 sq. ft. building on a lot, and is now recommending for the approval of this Development Agreement for another 10,000 sq. ft. building to be built in SouthPort. This new building would be the fifth project in this area (2 spec 40,000 sq. ft. buildings, Koelker, and La Forge) and bring forth new industrial development and jobs to the area. The use of RISE funds is a great way for the City to provide new lot creation, and is matched with local option sale tax funding — utilizing those funds for not only for road construction, but economic development through road construction as well. The two stages of RISE funding for this area has now provided over $4.9 million in new taxable value to this area, as well as construction jobs, new employees, new energy, new excitement to the area. AMENDMENT TO DEVELOPMENT AGREEMENT This Amendment to Development Agreement (the "Amendment") is entered into as of , 2014, by and between the City of Waterloo, Iowa ("City") and MMC Properties, LLC ("Company"). RECITALS A. Company and City are parties to that certain Development Agreement dated November 25, 2013 (the "DA"), concerning the development of land (the "Property") described on Exhibit "A" to the DA. The DA was filed in the land records of Black Hawk County, Iowa, on or about March 4, 2014 as Doc. No. 2014- 16001. B. The parties desire to amend the DA on the terms set forth herein. NOW, THEREFORE, in consideration of the premises and of other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereby agree to amend the Agreement as follows: 1. Section 4 of the DA is amended to provide that Company must obtain a building permit and begin construction within sixty (60) days after the date of this Amendment and must complete construction of the Improvements within six (6) months thereafter. Any contrary provision of Section 4 is hereby stricken. 2. Except as amended herein, the DA shall continue unmodified in full force and effect. This Amendment is binding on the parties and the respective successors, assigns, transferees and legal representatives of each. This Amendment may be executed in counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute a single instrument. IN WITNESS WHEREOF, the parties have executed this Amendment to Development Agreement as of the date first set forth above. MMC PROPERTIES, LLC CITY OF WATERLOG-, WA By: ' l� Bill Bradford, Present By: Ernest G. Clark, Mayor By: Suzy Schares, City Clerk [acknowledgments on next page] STATE OF IOWA ) ss. BLACK HAWK COUNTY This record was acknowledged before me on idiji,t(Z,� , 2014 by Bill Bradford as President of MMC Properties, LLC. 4® JENNIE l TRANBARGER i T Commission Number 777271 4 My Commission Expires March 1, 2016 Notary Public: -\, STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) f This record was acknowledged before me on , 2014 by Ernest G. Clark and Suzy Schares, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Notary Public 2 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-983 RESOLUTION APPROVING AMENDMENT TO DEVELOPMENT AGREEMENT WITH MMC PROPERTIES, 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 Amendment to Development Agreement dated November 17, 2014, changing the timeframe to begin construction of a 10,000 square foot industrial building on Geraldine Road from earlier this past spring to this fall and completion within 6 months, by and between MMC Properties, 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 17th day of November, 2014. ATTEST: Suzy Sc ares, City Clerk IV Ernest G. Clark, Mayor Mayor BUCK CLARK CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street - Waterloo, IA 50703 = (319) 291-4366 Fax (319) 291-4262 Council Communication City Council Meeting: November 17, 2014 Prepared: November 12, 2014 f f Dept. Head Signature: -� COUNCIL # of Attachments: MEMBERS Submitted by: Noel Anderson- Community Planning & Development Director DAVID JONES SUBJECT: Resolution accepting bid, award of contracts and approval of contracts, Ward 1 bonds, certificates of insurance to Laverne Lehman of Waterloo, Iowa in the CAROLYN amount of $48,400.00 in conjunction with Demolition Services for 1423 COLE Hawthorne Avenue, 928 Mulberry Street, 421 Almond, 717 Vinton, 1013 Lincoln Ward 2 Street and authorize Mayor and City Clerk to execute said documents. HAROLD GETTY Recommended City Council Action: Resolution accepting bid, award of contracts Ward 3 and approval of contracts, bonds, certificates of insurance to Laverne Lehman of QUENTIN Waterloo, Iowa in the amount of $48,400.00 in conjunction with Demolition HART Services for 1423 Hawthorne Avenue, 928 Mulberry Street, 421 Almond, 717 Ward 4 Vinton, 1013 Lincoln Street and authorize Mayor and City Clerk to execute said RON documents. WELPER Wards Summary Statement: These properties were acquired through 657A and have been BOB deemed dilapidated, dangerous and abandoned and need to be demolished. As GREENWOOD always staff will market the remaining parcel for sale to the adjoining neighbors and A°Large potential developers. STEVE SCHMITT Expenditure Required: $48,400.00 At -Large Source of Funds: G.O. Policy Issue: Nuisance abatement Alternative: N/A Background Information: NA:cw cc: Noel Anderson, Community Planning and Development Director Mc Schroeder, City Planner CITY WEBSITE: www.cityofwaterlooiowa.com CONTRACT FOR DEMOLITION AND SITE CLEARANCE SERVICES [no Regulated Asbestos Containing Materials (no RACM)] 1423 Hawthorne Avenue, 928 Mulberry Street, 421 Almond, 717 Vinton, 1013 Lincoln Street This Contract for Demolition and Site Clearance Services (no RACM) (the "Contract") is entered into as of July 29, 2014, by and between the City of Waterloo, Iowa ("City") and Lehman Trucking and Excavation Inc. ("Contractor"). In consideration of the mutual promises exchanged herein, the parties agree as follows: 1. Services. For a period of 45 days after the date of this Contract, subject to extension upon the mutual written agreement of the parties, the Contractor agrees to furnish all supervision, technical personnel, labor, materials, tools, machinery, services, and perform and substantially complete all work within the time period stated in the specifications after receipt of Notice to Proceed with respect to a given property or set of properties. Work to be performed includes all work described in the Contract Documents (defined below). Contractor shall provide the above services at the cost set forth in Contractor's RFP response. Contractor will be paid a lump sum for which services are performed and accepted. Contractor's request for payment for services authorized under this Contract shall be submitted at the completion of project and will be paid within thirty (30) days after receipt of an original invoice and after such services are delivered and accepted. Contractor will be paid for all items satisfactorily completed. Such payment will be full compensation for all work performed, for all permits, licenses, inspections, for complying with all laws, rules, regulations and ordinances, including safety, and for furnishing all materials, equipment and labor to complete the work, in accordance with the specifications. 2. Contract Documents. The following documents (collectively, the "Contract Documents") are hereby incorporated by reference as though set forth herein in full: a. Request for Proposal b. Addenda c. Response (Proposal) d. Specifications for Demolition and Site Clearance e. Signature Page f. Building Demolition Insurance Requirements In the event of conflict between the provisions of the Contract Documents and this Contract, the provisions of this Contract shall prevail. 2.1 Contract Limits. Total actual expenses allowed by the project Contract, including any renewal extensions of the Contract, shall not exceed $48,400.00 as submitted in the contractors RFP response. 3. Approval; Timing of Work. Contractor shall not begin work on any demolition until after the contract has been approved by the city council and the Contractor has been issued a Notice to Proceed. The work shall commence within seven (10) days after the City has issued a Notice to Proceed 4. Performance Bond. Contractor will be required to furnish bond in an amount equal to one hundred percent (100%) of the contract price and shall be issued by a responsible surety acceptable to the City. The bond shall guarantee the faithful performance of the contract and the terms and conditions therein contained, shall guarantee the prompt payment of all materials and labor and protect and save harmless the City from claims and damages of any kind arising out of the performance of this contract. 5. Indemnity. Except as to any negligence of City, its officials, officers, employees or agents, in the performance of any duty under this Contract, and to the extent not covered by insurance maintained by Contractor, Contractor agrees to defend and indemnify, City, the officials, officers, employees, agencies and agents of each, and to hold same harmless, from and against any and all claims, demands, causes of action, losses, costs, or liabilities whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in connection with the acts or omissions of Contractor in providing the services contemplated by this Contract. This will include but is not limited to actions or suits based upon or alleging bodily injury, including death, or property damage rising out of or resulting from the Contractor's operation under this Contract, whether by itself or by any subcontractor or anyone directly or indirectly employed by any of them. Contractor is not and shall not be deemed an agent or employee of the City. 5.1 Property Damage. Contractor shall be responsible for all damage to public or private property. Contractor shall have one responsible person at the job site at all times when demolition activities are undertaken. Contractor shall keep a report of all damage. If public or private property is damaged by Contractor and is not repaired in a timely manner as determined by City, City has the option of having the damage repaired at the Contractor's expense, to be reimbursed to the City or withheld from future payments to Contractor hereunder. 6. Default; Termination for Cause. In the event that Contractor defaults in the performance or observance of any covenant, agreement or obligation set forth in this Contract, and if such default remains uncured for a period of seven (7) days after notice thereof shall have been given by City to Contractor (or for a period of fourteen (14) days after such notice if such default is curable but requires acts to be done or conditions to be remedied which, by their nature, cannot be done or remedied within such 14 -day period and thereafter Contractor fails to diligently and continuously prosecute the same to completion within such 14 -day period), then City may declare that Contractor is in default hereunder and may take any one or more of the following steps, at its option: a. by mandamus or other suit, action or proceeding at law or in equity, require Contractor to perform its obligations and covenants hereunder, or enjoin any acts or things which may be unlawful or in violation of the rights of the City hereunder, or obtain damages caused to the City by any such default; 2 b. have access to and inspect, examine and make copies of all books and records of Contractor which pertain to the project; e. declare a default of this Contract, make no further disbursements, and demand immediate repayment from Contractor of any funds previously disbursed under this Contract; d. terminate this Contract by delivery to Contractor of written notice of termination; and/or e. take whatever other action at law or in equity may be necessary or desirable to enforce the obligations and covenants of Contractor hereunder, including but not limited to the recovery of funds. No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or waive the right of City to enforce the same or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event that City prevails against Contractor in a suit or other enforcement action hereunder, Contractor agrees to pay the reasonable attorneys' fees and expenses incurred by City. 7. Termination for Convenience. This Contract may be terminated at any time, in whole or in part, upon the mutual written agreement of the parties. City may also choose to terminate this Contract at any time by delivering to Contractor 10 -days' advance written notice of intent to terminate. 8. Non -Assignable Duties. Contractor may not assign its duties hereunder without the prior written consent of City. 11. Independent Contractor. Contractor is an independent contractor and is not an employee, servant, agent, partner, or joint venturer of City. Contractor has no power or authority to enter into contracts or agreements on behalf of City. City shall determine the work to be done by Contractor, but Contractor shall determine the legal means by which it performs the work specified by City. City is not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any payments which it owes Contractor. Neither Contractor nor its employees, if any, shall be entitled to receive any benefits which employees of City are entitled to receive and shall not be entitled to workers' compensation, unemployment compensation, medical insurance, life insurance, pension, or any benefits of any type or nature whatsoever on account of their work for City. Contractor shall be solely responsible for compensating its employees, if any. 12. Anti -Discrimination. During the performance of this Contract, Contractor, for itself, its assignees and successors in interest, agrees to comply with the anti -discrimination laws of the State of Iowa, as contained in Sections 19B, 551.4 of the Code of Iowa, which are herein incorporated by reference and made a part of this Contract. 13. Severability. In the event any provision of this Contract, together with the Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the remaining provisions of this Contract shall not be affected thereby and shall continue in full 3 force and effect. If, for any reason, a court finds that any provision of this Contract is invalid, illegal, or unenforceable as written, but that by limiting such provision it would become valid, legal, and enforceable, then such provision shall be deemed to be written and shall be construed and enforced as so limited. 14. General Terms. This Contract, together with the Contract Documents, constitutes the entire agreement between the parties pertaining to the subject matter hereof. This Contract may not be modified or amended except pursuant to the mutual written agreement of the parties. This Contract is binding on the parties and the heirs, personal representatives, successor and assigns of each. Time is of the essence in the performance of the terms hereof. IN WITNESS WHEREOF, the parties have executed this Contract for Demolition and Site Clearance Services as of the date first set forth above. CITY OF WATERLOO, IOWA By: Ernest G. Clark, Mayor Lavern Lehman -Lehman Trucking and Excavating Attest: Suzy Schares, City Clerk 4 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-984 RESOLUTION APPROVING RECOMMENDATION OF AWARD OF CONTRACT TO LEHMAN TRUCKING AND EXCAVATING OF WATERLOO, IOWA, IN THE AMOUNT OF $48,400.00, AND APPROVING CONTRACT, BONDS AND CERTIFICATE OF INSURANCE IN CONJUNCTION WITH DEMOLITION AND SITE CLEARANCE SERVICES FOR PROPERTY LOCATED AT 1423 HAWTHORNE AVENUE, 928 MULBERRY, 421 ALMOND, 717 VINTON AND 1013 LINCOLN STREETS. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Contract, Bonds and Certificate of Insurance with Lehman Trucking and Excavating of Cedar Falls, Iowa, in the amount of $48,400.00, in conjunction with Demolition and Site Clearance Services for property located at 1423 Hawthorne Avenue, 928 Mulberry, 421 Almond, 717 Vinton and 1013 Lincoln Streets, described in the plans and specifications heretofore adopted by this Council for said project in Resolution No. 2014-624, after public hearing on July 28, 2014 on published notice required by law, be and is hereby accepted, the same being the lowest bid received for said work. The Mayor and City Clerk are hereby directed to execute contract with the said contractor for the construction of said improvements, said contract not to be binding on the City until approved by this Council. PASSED AND ADOPTED this 17th day of November, 2014. ATTEST: Suzy Sc ares, CMC City Cl rk egi 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 Ar -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 Council Communication City Council Meeting: November 17, Prepared: November 12, 2014 Dept. Head Signature: ----- # —"`# of Attachments: SUBJECT: Request by JDE Engineering for the 11 lot Preliminary and Final Plat of South Port Third Addition, Zoned "M-1" Light Industrial District. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Resolution approving the proposed Request by JDE Engineering for the 11 lot Preliminary and Final Plat of South Port Third Addition, Zoned "M-1" Light Industrial District, and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Preliminary and Final Plat consists of 11 lots, which will be developed into industrial buildings. Lot 11 includes existing development. The 10 remaining lots to be platted average just over lacre, with lots ranging from 47,578 SF to 52,000 SF in size. They would also have widths ranging from 193' to 205' with an approximate depth of 190'. Both the size and widths proposed would appear to meet the requirements of the Zoning Ordinance for the district that it is located in. The Planning and Zoning Commission unanimously recommended approval of both the Preliminary and Final Plat at their October 4, 2014 meeting. Expenditure Required: N/A Source of Funds: N/A Policy Issue: Land Use Alternative: Background Information: NA:ew cc: Noel Anderson, Community Planning and Development Director Aric Schroeder, City Planner —file -- CITY WEBSITE: www.cityofwaterlooiowa.com waterloo.ia.us U! An fosipipowonttY NfietivAivtotoliz6rFONPiater REQUEST: APPLICANT(S): GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: BUFFERS REQUIRED/ NEEDED: DRAINAGE: DEVELOPMENT HISTORY: FLOODPLAIN: October 14, 2014 Request by JDE Engineering for the 11 lot Preliminary and Final Plat of South Port Third Addition, Zoned "M-1" Light Industrial District. JDE Engineering, 402 E 4th Street, Suite 101, Waterloo, Iowa 50703. The request is for the Preliminary and Final Plat of South Port Third Addition for the development of an 11 -lot subdivision. The request would not have a negative impact on the neighborhood, as the area is entirely industrial in nature. The plat will have frontage along West Airline Highway, which is classified as a Minor Arterial Street. The 11 new industrial lots would add additional traffic to the area, but not enough to negatively impact the traffic conditions in the area. There are no sidewalks located in the area. There are no recreational trails in the area of the request. The property in question is zoned "M-1" Light Industrial District, and has been zoned as such since adoption of the City of Waterloo's Zoning Ordinance adopted in 1969. No buffering would be required for the initial platting however; as infill development occurs landscaping will be required. The plat shows a 15' utility easement and drainage easement along the east line of the proposed Geraldine Road and along lots 4 and 5 extending to the south. There is also a 50' utility easement along the southern portion of the property running east to west. There is a common detention system proposed and designated as Tract A. The City of Waterloo is now in Phase III of Geraldine Road extension utilizing Rise funding to create more industrial lots near the airport. The city has helped by working with public-private partnerships to createl0 lots and 3 new buildings totaling $3,703,610 in new taxable value for the City of Waterloo. This area started developing with industrial uses in the 1960's. There is a 3,667 square foot portion of the southerly part of the property that is located within the 500 Year Flood Plain as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 301F, dated South Port Third Addition Final Plat 10-14-14 Page 1 PUBLIC/OPEN SPACES/SCHOOLS UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: October 14, 2014 July 18, 2011. There no schools or open spaces near the area in question. There is an 8" sanitary sewer line along Airline Highway. Storm water is drained using a ditch that runs along Airline Highway. A 12" water line runs along the south side of Airline Highway which should be adequate to serve the proposed use. The Future Land Use Map designates the site as Industrial and the request would appear to be compatible with the Comprehensive Plan and Future Land Use Map. The site is located within the Primary Growth Area as designated on the Growth Area Map within the Comprehensive Plan. The Preliminary and Final Plat consists of 11 lots, which will be developed into industrial buildings. Lot 11 includes existing development. The 10 remaining lots to be platted average just over lacre, with lots ranging from 47,578 SF to 52,000 SF in size. They would also have widths ranging from 193' to 205' with an approximate depth of 190'. Both the size and widths proposed would appear to meet the requirements of the Zoning Ordinance for the district that it is located in. The plat shows a 15' utility easement and drainage easement along the east line of the proposed Geraldine Road and along lots 4 and 5 extending to the south. There is also a 50' utility easement along the southern portion of the property running east to west. "Tract A" is shown as being dedicated to the City of Waterloo and set apart for public use for street purposes (extension of Geraldine Drive) and public utilities. "Tract B" will be dedicated for use as storm water runoff and retention for Lots 1-11 The plat shows the lot layout and layout of existing buildings on the lots for industrial development. The Preliminary Plat, also shows (a) the location of property to surrounding properties and adjoining streets, (b) the approximate location and dimensions of boundaries, (c) the location of existing streets and easements, (d) the location and width of existing and proposed right-of-way, easements, alleys, and building setback lines, (e) the location and dimensions of all proposed lots, (f) set aside portions for public parks, etc, (not necessary for industrial areas) (g) name and address of owner and land surveyor, (h) date of maps, north point and scale, title of subdivision, (i) name of new streets (Geraldine Drive), (j) indication of zoning, and (k) lot numbering, (1) The plat shows existing and proposed topography lines, and (m) it shows location of easement, and water mains, sanitary sewer, storm sewer, street lights, and gas mains. The South Port Third Addition Final Plat 10-14-14 Page 2 STAFF RECOMMENDATION: October 14, 2014 Final Plat shows monuments, pins, erected and other points established. It also shows (a) boundaries of property, (b) all lot lines and identification for lots with figures showing dimensions, (c) building lines and easements, (d) all dimensions for locating lots, easements, (e) radii, arc, and curve data, (f) location of permanent monuments set in subdivision, (g) name of subdivision, location and extent of property subdivided, points of compass, scale of plat, date and name of surveyor platting the tract, and (h) certification seal of land surveyor. It does also show (i) private restrictions on a separate instrument, and (j) Certificate of Survey. Therefore, staff recommends that the request for the Preliminary and Final Plat of South Port Third Addition be approved for the following reasons: 1. The plat is in accordance with the Subdivision Ordinance, and can be served by existing utilities. 2. The plat is in accordance with the Comprehensive Plan. 3. The plat will create an additional infill development site in the Primary Growth Area. South Port Third Addition Final Plat 10-14-14 Page 3 City of Waterloo Planning, Programming and Zoning Commission October 14, 2014 Preliminary and Final Plat of South Port Third Addition Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-985 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, APPROVING THE 11 LOT PRELIMINARY AND FINAL PLAT AND NECESSARY DOCUMENTS OF SOUTH PORT THIRD ADDITION IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, on this 17th day of November, 2014, at a regular meeting of the City Council of the City of Waterloo, Iowa, the 11 lot Preliminary and Final Plat of South Port Third Addition, Waterloo, Black Hawk County, Iowa, was presented for approval, and WHEREAS, said 11 lot Preliminary and Final Plat previously submitted to and has been approved by the City Planning, Programming and Zoning Commission, and WHEREAS, said 11 lot Preliminary and Final Plat considered and should receive approval of this Council. has been Waterloo has been NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that the 11 lot Preliminary and Final Plat of South Port Third Addition, Waterloo, Black Hawk County, Iowa, be and it is hereby approved and the Mayor and City Clerk of the City of Waterloo, Iowa, are hereby authorized and directed to certify and affix their signatures to said resolution. PASSED AND ADOPTED this 17th day of November, 2014. ATTEST: Suzy Sc h res, CMC City Clerk rnest G. Clar CERTIFICATE Mayor 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. 2014-985, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 17th day of November, 2014. Witness my hand and seal of office this 17th day of November, 2014. SEAL Suzy Scares, CMC City Clerk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward S TOM LIND 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: 10/27/14 Prepared: 10/20/14 Dept. Head Signature: # of Attachments: SUBJECT: Approval of an amended and restated Crossroads Waterloo Urban Renewal and Redevelopment Plan, and set a date of hearing as November 10, 2014. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set a date of hearing as November 10, 2014, and adopt necessary resolutions and ordinances for the amended and restated Crossroads Waterloo Urban Renewal and Redevelopment Plan. Summary Statement: Planning staff is proposing to amend and restate the Crossroads Waterloo Urban Renewal and Redevelopment Plan and TIF District as shown on the attached map and as detailed in the attached Plan. The proposed Plan and TIF District represents a proposal for the improvement and location of commercial development and provides for public improvements in order to increase the tax base and employment opportunities in the City of Waterloo. The proposed district would include land generally bounded by lands just north of San Marnan Drive to the north, Highway 218 and Dysart Road to the east, 1/z mile south of Shaulis Road to the south, and Hess Road, Highway 20 and Hammond Avenue to the west. The area includes vacant land and vacant buildings that could be developed and redeveloped for commercial purposes. The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase the property tax base by encouraging the retention, expansion, and attraction of business and industry, and notes that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. The 2010 Plan also notes that the City of Waterloo should actively pursue the build- out and redevelopment of the Crossroads Shopping Center area through platting, infrastructure provisions, infrastructure improvements and upgrades, and public- private partnerships. The Crossroads Waterloo Urban Renewal and Redevelopment Plan represents a proposal for initiatives in the Crossroads area that will allow tax increment revenue to be used as incentives for the development of the Plan. The property tax assessment base in the district would be frozen, providing a guaranteed tax based to each taxing jurisdiction. Increased tax revenue resulting from new development would be captured and used for projects within the district, including tax rebates for large development projects. CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer The plan is being amended and restated to update wording in the plan to make it more clear and informative, and more comparable in general layout to other urban renewal plans that have been approved by the City of Waterloo. The plan also makes a minor adjustment in the legal description where the boundary was splitting an existing parcel in the drainage was adjacent to Wal-Mart. Expenditure Required: none Source of Funds: n/a Policy Issue: Economic Development Alternative: Background Information: The proposed plan is intended to encourage the redevelopment and continued development of the Crossroads area, including public improvements. The purpose of the plan and TIF district is to increase the tax base and employment opportunities in the City of Waterloo. Legal Description: see attached Plan NA:SG cc: Aric Schroeder, City Planner Path: \\Alomain\waterloo\USERS\SHANE.G\City Council Letters\TIF Amendments \1427-14 Council Communication Crossroads Amended and Restated TIF Plan.doc ORDINANCE NO. 5253 AN ORDINANCE AMENDING ORDINANCE NO. 5172, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PLAN AREA OF THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF WATERLOO, COUNTY OF BLACK HAWK, WATERLOO COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AN INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PROJECT. WHEREAS, the City Council of the City of Waterloo, Iowa has heretofore, in Ordinance No. 5172, provided for the division of taxes within the Crossroads Waterloo Urban Renewal and Redevelopment Plan Project Area, pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, the terms of the Crossroads Waterloo Urban Renewal and Redevelopment Plan have been amended and restated with respect to the Project Area; and WHEREAS, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project activities within said Project Area, and the continuing needs of redevelopment within the amended and restated Project Area are such as to require the continued application of the incremental tax resources of the amended and restated Project Area; and WHEREAS, the following enactment is an amendment and restatement of prior actions and is necessary to accomplish the objectives described in the Amended and Restated Crossroads Waterloo Urban Renewal and Redevelopment Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA THAT: Ordinance Number 5172 is hereby amended and restated to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Project Area shall mean that portion of the City of Waterloo, Iowa described in the Urban Renewal and Redevelopment Plan for the Crossroads Waterloo Urban Renewal Area approved by Ordinance No. 5172, adopted on September 3, 2013, which Original Project Area includes the lots and parcels located within the area legally described as follows: Beginning at the point where the centerline of East San Marnan Drive intersects the centerline of La Porte Road; thence Northeasterly along the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218 as presently established; thence Southeasterly along the centerline of U.S. Highway 218 to its intersection with the East line of Section 13 of Township 88 North, Range 13 West; thence South along the East line of said Section 13 to its intersection with the South line of the North Half of said Section 13; thence West along the South line of the North Half of said Section 13 to its intersection with the West line of said Section 13; thence North along the West line of said Section 13 and the West line of Section 12 of Township 88 North, Range 13 West to its intersection with the Northwest corner of said Section 12; thence West along the North line of Section 11 of Township 88 North, Range 13 West to its intersection with the centerline of Alexandra Drive; thence Southerly along the centerline of Alexandra Drive to its intersection with the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to its intersection with the Westerly line of Crossroads Estates Replat No. 1; thence Southerly along the Westerly line of Crossroads Estates Replat No. 1 to its intersection with the Southeast corner of Lot 9 of Southtown; thence S00°39'22"E 148.99 feet; thence S89°28'31"W 260.99 feet to a point that is 149.00 feet South of the Southwest corner of said Lot 9; thence Southerly along an extension of the West line of said Lot 9 to its intersection with the centerline of U.S. Highway 20 as presently established; thence Westerly along the centerline of U.S. Highway 20 to its intersection with the West line of Section 11 of Township 88 North, Range 13 West; thence North along the West line of said Section 11 and the West line of Section 2 of Township 88 North, Range 13 West to its intersection with the centerline of Flammang Drive; thence Easterly and Southeasterly along the centerline of Flammang Drive to its intersection with a Southwesterly extension of the Northwesterly line of Schukei Commercial Park; thence Northeasterly along a Southwesterly extension of the Northwesterly line of Schukei Commercial Park and the Northwesterly line of Schukei Commercial Park to its intersection of the centerline of Schukei Road; thence Northwesterly along the centerline of Schukei Road to its intersection with a Southwesterly extension of the Northwesterly line of Lot 2 of Phoenix Addition; thence Northeasterly along a Southwesterly extension of the Northwesterly line of said Lot 2 to the Southwesterly corner of said Lot 2; thence Northeasterly, Northerly, Easterly, Northerly and Easterly along the Westerly and Northerly lot lines of said Lot 2 to the Northeast corner of said Lot 2; thence Easterly along an Easterly extension of the Northerly most lot line of said Lot 2 to its intersection with the centerline of Camelot Drive; thence Northerly along the centerline of Camelot Drive and a Northerly extension of the centerline of Camelot Drive, said extension also being the Easterly line of the Preserve at Crossroads and the Easterly line of Orange Park, to its intersection with the centerline of East Ridgeway Avenue; thence Easterly along the centerline of East Ridgeway Avenue to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to its intersection with the centerline of East San Marnan Drive and the Point of Beginning. (b) Amended and Restated Project Area shall mean that portion of the City of Waterloo, Iowa described in the Amended and Restated Urban Renewal and Redevelopment Plan for the Crossroads Waterloo Urban Renewal and Redevelopment Area, which includes the lots and parcels located in the area legally described as follows: Beginning at the point where the centerline of East San Marnan Drive intersects the centerline of La Porte Road; thence Northeasterly along the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218 as presently established; thence Southeasterly along the centerline of U.S. Highway 218 to its intersection with the East line of Section 13 of Township 88 North, Range 13 West; thence South along the East line of said Section 13 to its intersection with the South line of the North Half of said Section 13; thence West along the South line of the North Half of said Section 13 to its intersection with the West line of said Section 13; thence North along the West line of said Section 13 and the West line of Section 12 of Township 88 North, Range 13 West to its intersection with the Northwest corner of said Section 12; thence West along the North line of Section 11 of Township 88 North, Range 13 West to a point that would intersect a Southerly extension of the East line of Lot 1 of Crossroads Plat No. 3; thence Northerly along a Southerly extension of the East line of said Lot 1 to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 and a westerly extension of the South line of said Lot 1 to its intersection with the centerline of Alexandra Drive; thence Southerly along the centerline of Alexandra Drive to its intersection with the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to its intersection with the Westerly line of Crossroads Estates Replat No. 1; thence Southerly along the Westerly line of Crossroads Estates Replat No. Ito its intersection with the Southeast corner of Lot 9 of Southtown; thence S00°39'22"E 148.99 feet; thence S89°28'31"W 260.99 feet to a point that is 149.00 feet South of the Southwest corner of said Lot 9; thence Southerly along an extension of the West line of said Lot 9 to its intersection with the centerline of U.S. Highway 20 as presently established; thence Westerly along the centerline of U.S. Highway 20 to its intersection with the West line of Section 11 of Township 88 North, Range 13 West; thence North along the West line of said Section 11 and the West line of Section 2 of Township 88 North, Range 13 West to its intersection with the centerline of Flammang Drive; thence Easterly and Southeasterly along the centerline of Flammang Drive to its intersection with a Southwesterly extension of the Northwesterly line of Schukei Commercial Park; thence Northeasterly along a Southwesterly extension of the Northwesterly line of Schukei Commercial Park and the Northwesterly line of Schukei Commercial Park to its intersection of the centerline of Schukei Road; thence Northwesterly along the centerline of Schukei Road to its intersection with a Southwesterly extension of 3 the Northwesterly line of Lot 2 of Phoenix Addition; thence Northeasterly along a Southwesterly extension of the Northwesterly line of said Lot 2 to the Southwesterly corner of said Lot 2; thence Northeasterly, Northerly, Easterly, Northerly and Easterly along the Westerly and Northerly lot lines of said Lot 2 to the Northeast corner of said Lot 2; thence Easterly along an Easterly extension of the Northerly most lot line of said Lot 2 to its intersection with the centerline of Camelot Drive; thence Northerly along the centerline of Camelot Drive and a Northerly extension of the centerline of Camelot Drive, said extension also being the Easterly line of the Preserve at Crossroads and the Easterly line of Orange Park, to its intersection with the centerline of East Ridgeway Avenue; thence Easterly along the centerline of East Ridgeway Avenue to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to its intersection with the centerline of East San Marnan Drive and the Point of Beginning. Section 2: The taxes levied on the taxable property in the Amended and Restated Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Amended and Restated Project Area, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Amended and Restated Project Area upon the total sum of the assessed value of the taxable property in the Amended and Restated Project Area as shown on the assessment roll as of January 1, 2012, being the first day of the calendar year preceding the effective date of Ordinance No. 5172, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such area. Because the Amended and Restated Project Area is substantially identical to the Original Project Area, the based period taxes for the Amended and Restated Project Area are not reset to correspond to the effective date of this Ordinance, but shall continue as originally set in relation to the effective date of Ordinance No. 5172. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended and Restated Project Area shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Waterloo to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.22 of the Code of Iowa, incurred by the City of Waterloo, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended and Restated Project Area pursuant to the Urban Renewal Plan, as amended and restated, except that taxes for the regular and voter -approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Amended and Restated Project Area without any limitation as hereinabove provided. 4 Section 5: Unless or until the total assessed valuation of the taxable property in the areas of the Amended and Restated Project Area exceeds the total assessed value of the taxable property in said area shown by the last equalized assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended and Restated Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Waterloo referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended and Restated Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to continue the division of taxes from property within the Original Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance No. 5172. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance, which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended and Restated Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. INTRODUCED: November 10, 2014 PASSED FIRST CONSIDERATION: November 10, 2014 PASSED SECOND CONSIDERATION: November 17, 2014 PASSED THIRD CONSIDERATION: November 17, 2014 PASSED AND ADOPTED by the City Council of the City of Waterloo, Iowa on the 17th day of November, 2014, and approved by the Mayor on the day of , 2014. ATTEST: Suzy Schares, City Clerk 5 Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5253, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 17th day of November, 2014. SEAL Witness my hand and seal of office this day of , 2014. 6 Suzy Schares, City Clerk SUMMARY OF ORDINANCE NO. 5253 ADOPTED ON NOVEMBER 17, 2014 BY THE WATERLOO CITY COUNCIL AS AN ORDINANCE APPROVING THE AMENDMENT AND RESTATEMENT OF THE CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PLAN AREA TAX INCREMENT FINANCING DISTRICT IN THE CITY OF WATERLOO This is a summary of the ordinance approving an amendment and restatement of the Crossroads Waterloo Urban Renewal and Redevelopment Plan Area Tax Increment Financing District ("TIF District") in the City of Waterloo, Iowa (referred to below as the "Ordinance"): The general purpose of this Ordinance is to amend and restate the TIF District Plan to expand the Crossroads area of the city as a TIF District and to provide financial incentives for development within the TIF District boundaries. The TIF District Plan, as amended and restated, is on file in the office of the City Clerk of the City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703. The Ordinance designates the following land as the amended and restated TIF District area: Beginning at the point where the centerline of East San Marnan Drive intersects the centerline of La Porte Road; thence Northeasterly along the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218 as presently established; thence Southeasterly along the centerline of U.S. Highway 218 to its intersection with the East line of Section 13 of Township 88 North, Range 13 West; thence South along the East line of said Section 13 to its intersection with the South line of the North Half of said Section 13; thence West along the South line of the North Half of said Section 13 to its intersection with the West line of said Section 13; thence North along the West line of said Section 13 and the West line of Section 12 of Township 88 North, Range 13 West to its intersection with the Northwest corner of said Section 12; thence West along the North line of Section 11 of Township 88 North, Range 13 West to a point that would intersect a Southerly extension of the East line of Lot 1 of Crossroads Plat No. 3; thence Northerly along a Southerly extension of the East line of said Lot 1 to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 and a westerly extension of the South line of said Lot 1 to its intersection with the centerline of Alexandra Drive; thence Southerly along the centerline of Alexandra Drive to its intersection with the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to its intersection with the Westerly line of Crossroads Estates Replat No. 1; thence Southerly along the Westerly line of Crossroads Estates Replat No. lto its intersection with the Southeast corner of Lot 9 of Southtown; thence S00°39'22"E 148.99 feet; thence S89°28'31"W 260.99 feet to a point that is 149.00 feet South of the Southwest corner of said Lot 9; thence Southerly along an extension of the West line of said Lot 9 to its intersection with the centerline of U.S. Highway 20 as presently established; thence Westerly along the centerline of U.S. Highway 20 to its intersection with the West line of Section 11 of Township 88 North, Range 13 West; thence North along the West line of said Section 11 and the West line of Section 2 of Township 88 North, Range 13 West to its intersection with the centerline of Flammang Drive; thence Easterly and Southeasterly along the centerline of Flammang Drive to its intersection with a Southwesterly extension of the Northwesterly line of Schukei Commercial Park; thence Northeasterly along a Southwesterly extension of the Northwesterly line of Schukei Commercial 1 Park and the Northwesterly line of Schukei Commercial Park to its intersection of the centerline of Schukei Road; thence Northwesterly along the centerline of Schukei Road to its intersection with a Southwesterly extension of the Northwesterly line of Lot 2 of Phoenix Addition; thence Northeasterly along a Southwesterly extension of the Northwesterly line of said Lot 2 to the Southwesterly corner of said Lot 2; thence Northeasterly, Northerly, Easterly, Northerly and Easterly along the Westerly and Northerly lot lines of said Lot 2 to the Northeast corner of said Lot 2; thence Easterly along an Easterly extension of the Northerly most lot line of said Lot 2 to its intersection with the centerline of Camelot Drive; thence Northerly along the centerline of Camelot Drive and a Northerly extension of the centerline of Camelot Drive, said extension also being the Easterly line of the Preserve at Crossroads and the Easterly line of Orange Park, to its intersection with the centerline of East Ridgeway Avenue; thence Easterly along the centerline of East Ridgeway Avenue to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to its intersection with the centerline of East San Marnan Drive and the Point of Beginning. The above is only a summary of the Ordinance and not the complete text of the Ordinance. Questions should be directed to the office of the City Planner. The Ordinance may be inspected in its entirety at the office of the City Clerk or the City Planner, 715 Mulberry Street, Waterloo, Iowa 50703, from Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. The Ordinance will become effective upon publication of this summary. 2 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5253 AN ORDINANCE AMENDING ORDINANCE NO. 5172, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PLAN AREA OF THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF WATERLOO, COUNTY OF BLACK HAWK, WATERLOO COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AN INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED CROSSROADS WATERLOO URBAN RENEWAL AND REDEVELOPMENT PROJECT. WHEREAS, the City Council of the City of Waterloo, Iowa has heretofore, in Ordinance No. 5172, provided for the division of taxes within the Crossroads Waterloo Urban Renewal and Redevelopment Plan Project Area, pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, the terms of the Crossroads Waterloo Urban Renewal and Redevelopment Plan have been amended and restated with respect to the Project Area; and WHEREAS, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project activities within said Project Area, and the continuing needs of redevelopment within the amended and restated Project Area are such as to require the continued application of the incremental tax resources of the amended and restated Project Area; and WHEREAS, the following enactment is an amendment and restatement of prior actions and is necessary to accomplish the objectives described in the Amended and Restated Crossroads Waterloo Urban Renewal and Redevelopment Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA THAT: Ordinance Number 5172 is hereby amended and restated to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: Ordinance No. 5253 Page 2 (a) Original Project Area shall mean that portion of the City of Waterloo, Iowa described in the Urban Renewal and Redevelopment Plan for the Crossroads Waterloo Urban Renewal Area approved by Ordinance No. 5172, adopted on September 3, 2013, which Original Project Area includes the lots and parcels located within the area legally described as follows: Beginning at the point where the centerline of East San Marnan Drive intersects the centerline of La Porte Road; thence Northeasterly along the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218 as presently established; thence Southeasterly along the centerline of U.S. Highway 218 to its intersection with the East line of Section 13 of Township 88 North, Range 13 West; thence South along the East line of said Section 13 to its intersection with the South line of the North Half of said Section 13; thence West along the South line of the North Half of said Section 13 to its intersection with the West line of said Section 13; thence North along the West line of said Section 13 and the West line of Section 12 of Township 88 North, Range 13 West to its intersection with the Northwest corner of said Section 12; thence West along the North line of Section 11 of Township 88 North, Range 13 West to its intersection with the centerline of Alexandra Drive; thence Southerly along the centerline of Alexandra Drive to its intersection with the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to its intersection with the Westerly line of Crossroads Estates Replat No. 1; thence Southerly along the Westerly line of Crossroads Estates Replat No. 1 to its intersection with the Southeast corner of Lot 9 of Southtown; thence S00°39'22"E 148.99 feet; thence S89°28'31"W 260.99 feet to a point that is 149.00 feet South of the Southwest corner of said Lot 9; thence Southerly along an extension of the West line of said Lot 9 to its intersection with the centerline of U.S. Highway 20 as presently established; thence Westerly along the centerline of U.S. Highway 20 to its intersection with the West line of Section 11 of Township 88 North, Range 13 West; thence North along the West line of said Section 11 and the West line of Section 2 of Township 88 North, Range 13 West to its intersection with the centerline of Flammang Drive; thence Easterly and Southeasterly along the centerline of Flammang Drive to its Ordinance No. 5253 Page 3 intersection with a Southwesterly extension of the Northwesterly line of Schukei Commercial Park; thence Northeasterly along a Southwesterly extension of the Northwesterly line of Schukei Commercial Park and the Northwesterly line of Schukei Commercial Park to its intersection of the centerline of Schukei Road; thence Northwesterly along the centerline of Schukei Road to its intersection with a Southwesterly extension of the Northwesterly line of Lot 2 of Phoenix Addition; thence Northeasterly along a Southwesterly extension of the Northwesterly line of said Lot 2 to the Southwesterly corner of said Lot 2; thence Northeasterly, Northerly, Easterly, Northerly and Easterly along the Westerly and Northerly lot lines of said Lot 2 to the Northeast corner of said Lot 2; thence Easterly along an Easterly extension of the Northerly most lot line of said Lot 2 to its intersection with the centerline of Camelot Drive; thence Northerly along the centerline of Camelot Drive and a Northerly extension of the centerline of Camelot Drive, said extension also being the Easterly line of the Preserve at Crossroads and the Easterly line of Orange Park, to its intersection with the centerline of East Ridgeway Avenue; thence Easterly along the centerline of East Ridgeway Avenue to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to its intersection with the centerline of East San Marnan Drive and the Point of Beginning. (b) Amended and Restated Project Area shall mean that portion of the City of Waterloo, Iowa described in the Amended and Restated Urban Renewal and Redevelopment Plan for the Crossroads Waterloo Urban Renewal and Redevelopment Area, which includes the lots and parcels located in the area legally described as follows: Beginning at the point where the centerline of East San Marnan Drive intersects the centerline of La Porte Road; thence Northeasterly along the centerline of East San Marnan Drive to its intersection with the centerline of U.S. Highway 218 as presently established; thence Southeasterly along the centerline of U.S. Highway 218 to its intersection with the East line of Section 13 of Township 88 North, Range 13 West; thence South along the East line of said Section 13 to its intersection with the South line of the North Half of said Section 13; thence West along the South line of the Ordinance No. 5253 Page 4 North Half of said Section 13 to its intersection with the West line of said Section 13; thence North along the West line of said Section 13 and the West line of Section 12 of Township 88 North, Range 13 West to its intersection with the Northwest corner of said Section 12; thence West along the North line of Section 11 of Township 88 North, Range 13 West to a point that would intersect a Southerly extension of the East line of Lot 1 of Crossroads Plat No. 3; thence Northerly along a Southerly extension of the East line of said Lot 1 to the Southeast corner of said Lot 1; thence Westerly along the South line of said Lot 1 and a westerly extension of the South line of said Lot 1 to its intersection with the centerline of Alexandra Drive; thence Southerly along the centerline of Alexandra Drive to its intersection with the centerline of Southtown Drive; thence Easterly along the centerline of Southtown Drive to its intersection with the Westerly line of Crossroads Estates Replat No. 1; thence Southerly along the Westerly line of Crossroads Estates Replat No. lto its intersection with the Southeast corner of Lot 9 of Southtown; thence S00°39'22"E 148.99 feet; thence S89°28'31"W 260.99 feet to a point that is 149.00 feet South of the Southwest corner of said Lot 9; thence Southerly along an extension of the West line of said Lot 9 to its intersection with the centerline of U.S. Highway 20 as presently established; thence Westerly along the centerline of U.S. Highway 20 to its intersection with the West line of Section 11 of Township 88 North, Range 13 West; thence North along the West line of said Section 11 and the West line of Section 2 of Township 88 North, Range 13 West to its intersection with the centerline of Flammang Drive; thence Easterly and Southeasterly along the centerline of Flammang Drive to its intersection with a Southwesterly extension of the Northwesterly line of Schukei Commercial Park; thence Northeasterly along a Southwesterly extension of the Northwesterly line of Schukei Commercial Park and the Northwesterly line of Schukei Commercial Park to its intersection of the centerline of Schukei Road; thence Northwesterly along the centerline of Schukei Road to its intersection with a Southwesterly extension of the Northwesterly line of Lot 2 of Phoenix Addition; thence Northeasterly along a Southwesterly extension of the Ordinance No. 5253 Page 5 Northwesterly line of said Lot 2 to the Southwesterly corner of said Lot 2; thence Northeasterly, Northerly, Easterly, Northerly and Easterly along the Westerly and Northerly lot lines of said Lot 2 to the Northeast corner of said Lot 2; thence Easterly along an Easterly extension of the Northerly most lot line of said Lot 2 to its intersection with the centerline of Camelot Drive; thence Northerly along the centerline of Camelot Drive and a Northerly extension of the centerline of Camelot Drive, said extension also being the Easterly line of the Preserve at Crossroads and the Easterly line of Orange Park, to its intersection with the centerline of East Ridgeway Avenue; thence Easterly along the centerline of East Ridgeway Avenue to the centerline of La Porte Road; thence Southeasterly along the centerline of La Porte Road to its intersection with the centerline of East San Marnan Drive and the Point of Beginning. Section 2: The taxes levied on the taxable property in the Amended and Restated Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Amended and Restated Project Area, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Amended and Restated Project Area upon the total sum of the assessed value of the taxable property in the Amended and Restated Project Area as shown on the assessment roll as of January 1, 2012, being the first day of the calendar year preceding the effective date of Ordinance No. 5172, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such area. Because the Amended and Restated Project Area is substantially identical to the Original Project Area, the based period taxes for the Amended and Restated Project Area are not reset to correspond to the effective date of this Ordinance, but shall continue as originally set in relation to the effective date of Ordinance No. 5172. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended and Restated Project Area shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Waterloo to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under authority of Section Ordinance No. 5253 Page 6 403.9 or Section 403.22 of the Code of Iowa, incurred by the City of Waterloo, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended and Restated Project Area pursuant to the Urban Renewal Plan, as amended and restated, except that taxes for the regular and voter -approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Amended and Restated Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the areas of the Amended and Restated Project Area exceeds the total assessed value of the taxable property in said area shown by the last equalized assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended and Restated Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Waterloo referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended and Restated Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to continue the division of taxes from property within the Original Project Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance No. 5172. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance, which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended and Restated Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: November 17, 2014 November 17, 2014 November 17, 2014 November 17, 2014 Ordinance No. 5253 Page 7 PASSED AND ADOPTED this 17th day of November, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sc ares, CMC City Cl rk 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. 5253, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 17th day of November, 2014. Witness my hand and seal of office this 17th day of November, 2014. Suzy Sc City Cl ares, CMC rk Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 PAT MORRISSEY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 TOM LIND 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: 10/27/14 Prepared: 10/20/14 r Dept. Head Signature: # of Attachments: SUBJECT: Approval of an amended and restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan and set a date of hearing as November 10, 2014. Submitted by: Noel Anderson, Community Planning & Development Director Recommended City Council Action: Set a date of hearing as November 10, 2014, and adopt necessary resolutions and ordinances for the amended and restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan. Summary Statement: Planning staff is proposing to amend and restate the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan and TIF District as shown on the attached map and as detailed in the attached Plan. The proposed Plan and TIF District represents a proposal for the improvement and location of commercial development and provides for public improvements in order to increase the tax base and employment opportunities in the City of Waterloo. The City of Waterloo 2010 Strategic Development Plan states the need to diversify and increase the property tax base by encouraging the retention, expansion, and attraction of business and industry, and notes that the City should continually explore incentives to encourage development and increase employment that will help the City achieve these goals. The plan is being amended and restated to update wording in the plan to make it more clear and informative, and to provide updated details pertaining to the Cedar Valley Techworks Campus projects. Expenditure Required: none Source of Funds: n/a Policy Issue: Economic Development Alternative: Background Information: The proposed plan is intended to encourage the redevelopment and continued development of the Downtown area, including public CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer improvements. The purpose of the plan and TIF district is to increase the tax base and employment opportunities in the City of Waterloo. Legal Description: see attached Plan. NA:SG cc: Aric Schroeder, City Planner Path: \ \Alomain \waterloo \USERS \SHANE -G \City Council Letters\TIF Amendments \10-27-14 Council Communication Downtown Amended and Restated TIF Plan.doc ORDINANCE NO. 5254 AN ORDINANCE AMENDING ORDINANCE NOS. 4494, 4605 AND 5085, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AND REDEVELOPMENT PLAN AREA OF THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF WATERLOO, COUNTY OF BLACK HAWK, WATERLOO COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AN INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AND REDEVELOPMENT PROJECT. WHEREAS, the City Council of the City of Waterloo, Iowa has heretofore, in Ordinance Nos. 4494, 4605, and 5085, provided for the division of taxes within the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan Project Area, pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, the terms of the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan have been amended and restated with respect to the Project Area; and WHEREAS, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project activities within said Project Area, and the continuing needs of redevelopment within the amended and restated Project Area are such as to require the continued application of the incremental tax resources of the amended and restated Project Area; and WHEREAS, the following enactment is an amendment and restatement of prior actions and is necessary to accomplish the objectives described in the Amended and Restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA THAT: Ordinance Numbers 4494, 4605, and 5085 are hereby amended and restated to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: (a) Original Project Area and Amendment No. 1 Area shall mean that portion of the City of Waterloo, Iowa described in the Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area approved by Ordinance No. 2723, adopted on December 23, 1974, and amended by Resolution No. 27385 adopted in 1980 and Resolution No. 1996-804, adopted December 16, 1996 (no new area added), which Original Project Area includes the lots and parcels located within the area legally described as follows: Beginning at a point at the intersection of Franklin and East Seventh Streets, thence Southwesterly along Seventh Street to the alley between Jefferson and Bluff Streets, thence Northwesterly along said alley to West Third Street, thence Northeasterly along West Third Street to Franklin Street, thence Southeasterly on Franklin Street to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. (b) Amendment No. 2 Area shall mean that portion of the City of Waterloo, Iowa described in Amendment No. 2 to the Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area approved by Resolution No. 2001-394, adopted on August 6, 2001, which Amendment No. 2 Area includes the lots and parcels located within the area legally described as follows: Bounded by Southbound Washington Street, West 12th Street, Cedar River, 11th Street, Sycamore Street, East 7th Street, Franklin Street, East 3rd Street, Sycamore Street, Fairview Avenue, Conger Street, River Road, Black Hawk Creek to Southbound Washington Street. (c) Amendment No. 3 Area shall mean that portion of the City of Waterloo, Iowa described in Amendment No. 3 to the Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area approved by Resolution No. 2003-225 on April 7, 2003, which Amendment No. 3 Area includes the lots and parcels located within the area legally described as follows: Bounded by Southbound Washington Street, West 4th Street, South Street, West 2nd Street to Southbound Washington Street. (d) Amendment No. 4 Area shall mean that portion of the City of Waterloo, Iowa described in Amendment No. 4 to the Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area approved by Resolution No. 2011-1109 on December 5, 2011, which Amendment No. 4 Area includes the lots and parcels located within the area legally described as follows: Beginning at the point where the centerline of West Conger Street intersects the centerline of relocated Ansborough Avenue (said point also being the intersection with the centerlines of River Road and Westfield Avenue), thence Westerly along the centerline of relocated Ansborough Avenue to its intersection with the West line of Courier Street, thence South along the West line of Courier Street, and an extension thereof, to the centerline of the Canadian National/Illinois Central Railroad spur line, thence Southwesterly along the centerline of said Railroad to the centerline of West Washington Street (also known as U.S. Highway 218), thence Southeasterly along the centerline of West Washington Street to the centerline of Vaughn Street, thence Northeasterly along the centerline of Vaughn Street to the centerline of Westfield Avenue, thence Southeasterly along the centerline of Westfield Avenue to its intersection with the East bank of Black Hawk Creek, thence Northerly along the Easterly bank of Black Hawk Creek to the centerline of River Road, thence Northwesterly and Westerly along the centerline of River Road to the point of beginning. (e) Amended and Restated Project Area, which remains unchanged from the Amended Project Area set forth in Ordinance No. 5085, shall mean that portion of the City of Waterloo, Iowa included within the Original Project Area and Amendment No. 1 Area, Amendment No. 2 Area, Amendment No. 3 Area, and Amendment No. 4 Area, which Amended and Restated Project Area includes the lots and parcels located within the area legally described as follows: Beginning at the point where the centerline of W. 12th Street, if extended, would intersect the centerline of the Southbound Washington Street as now located (also known as U.S. Highway 218), thence Northeasterly along the extension of the centerline of W. 12th Street, and the centerline of W. 12th Street to the Southerly line of the Cedar River, thence Northwesterly along the Southerly bank of the Cedar River to the centerline of W. 11th Street, thence Northeasterly along the centerline of the 11th Street Bridge and E. 11th Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street to its intersection with the centerline of E. 7th Street, thence Northeasterly along the centerline of E. 7th Street to the centerline of Franklin Street, thence Northwesterly along the centerline of Franklin Street to the centerline of E. 3rd Street, thence Southwesterly along the centerline of E. 3`d Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street, and an extension thereof, to the Northerly line of the Cedar River, thence following the Northerly bank of the Cedar River to a point where it would intersect the centerline of Fairview Avenue, if extended Southerly, thence North along the extension of the centerline of Fairview Avenue, and the centerline of Fairview Avenue to the centerline of Conger Street, thence Westerly and Southwesterly along the centerline of Conger Street and W. Conger Street to the centerline of relocated Ansborough Avenue (said point also being the intersection with the centerlines of River Road and Westfield Avenue), thence Westerly along the centerline of relocated Ansborough Avenue to its intersection with the West line of Courier Street, thence South along the West line of Courier Street, and an extension thereof, to the centerline of the Canadian National/Illinois Central Railroad spur line, thence Southwesterly along the centerline of said Railroad to the centerline of West Washington Street (also known as U.S. Highway 218), thence Southeasterly along the centerline of West Washington Street to the centerline of Vaughn Street, thence Northeasterly along the centerline of Vaughn Street to the centerline of Westfield Avenue, thence Southeasterly along the centerline of Westfield Avenue to its intersection with the East bank of Black 3 Hawk Creek, thence Southwesterly along the Easterly bank of Black Hawk Creek to the centerline of southbound Washington Street, thence Easterly and Southeasterly along the centerline of Southbound Washington Street to the centerline of W. 2nd Street, thence Southwesterly along the centerline of W. 2nd Street to the centerline of South Street, thence Southeasterly along the centerline of South Street to the centerline of W. 4th Street, thence Northeasterly along the centerline of W. 4th Street to the centerline of Southbound Washington Street, thence Southeasterly along the centerline of Southbound Washington Street to the point of beginning. Section 2: The taxes levied on the taxable property in the Amended and Restated Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Original Project Area and Amendment No. 1 Area, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Project Area and Amendment No. 1 Area upon the total sum of the assessed value of the taxable property in the Original Project Area and Amendment No. 1 Area as shown on the assessment roll as of January 1, 1974, being the first day of the calendar year preceding the effective date of Ordinance No. 2723, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such area. As to Amendment No. 2 Area, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2000, being the assessment roll applicable to property in such area as of January 1 of the calendar year preceding the effective date of Ordinance No. 4494. As to Amendment No. 3 Area, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2002, being the assessment roll applicable to property in such area as of January 1 of the calendar year preceding the effective date of Ordinance No. 4605. As to Amendment No. 4 Area, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2010, being the assessment roll applicable to property in such area as of January 1 of the calendar year preceding the effective date of this Ordinance. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended and Restated Project Area, determined for each sub -area thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Waterloo to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.22 of the Code of Iowa, incurred by the City of Waterloo, Iowa to finance or 4 urbanstated renewal projects undertaken within the mended at nd dxRes for the refinance, in whole or in part, as amended and restated, p Pr levy of a school district to regularect Areadpursuant to the Urban Renewal Plan, and interestictimposed ofeachtaxingpursuantto district regular and voter -approved physical plant and equipment of bonds of Iowa and taxes for shSeall 298.2 othe oall taxable property the payment shall be collected against within the Amended and Restated Project Area without any limitation as hereinabove provided. in the areas of the Section Unless or until the total assessedtotal valuation ed valueof the tof the taxable property inaxable property said area Amended and Restated Project Area exceeds the shownf in the last eqequalized assessment rolls referred to in Section 3Roe tthis rdroj anece,Aall a shathe taxe d an levied and collected upon the taxable property in the Amended and into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. ds and Section 6: At such time as the loans, monies advanced, bon have been paid, all monierest thereon s thereafter indebtednessofthe City of Waterloo referred mitheeArne d d and Restated Project Area shall be paid received from taxes upon the taxable property into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordinances in conflict with the and shall be visions of this asOrdinance are hereby repealed. The provisions of this Ordinance are intended continue the division of taxes from property within the Original Project Area and Amendment No. 1 Area con under the provisions of Section 403.19 of the Code of Iowa, sr2 Area,Oards amended by Ordinance inance No. 2723, as amended by Ordinance No. 4494 for the addition of Amendment No No. 4605 for the addition of Amendment No. 3 Area, and as authorized o d in Orddinanee shall inance No. 5085 for trained addition of Amendment No. 4 Area. In the event that any provisio ry to be contra to law, it shall not affect other provisions or application of this Ordif Iowace,w which shall at tel times be construed to fully invoke the provisions of Section 403.19 of the Amended and Restate Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. INTRODUCED: November 10, 2014 PASSED FIRST CONSIDERATION: November 10, 2014November 17, 2014 PASSED SECOND CONSIDERATION: November 17, 2014 PASSED THIRD CONSIDERATION: PASSED AND ADOPTED by the City Council of the City of Waterloo, Io2wa 4on the 17th day of November, 2014, and approved by the Mayor on the day of 5 ATTEST: Suzy Schares, City Clerk Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5254, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 17th day of November, 2014. SEAL Witness my hand and seal of office this day of , 2014. 6 Suzy Schares, City Clerk SUMMARY OF ORDINANCE NO. 5254 ADOPTED ON NOVEMBER 17, 2014 BY THE WATERLOO CITY COUNCIL AS AN ORDINANCE APPROVING THE AMENDMENT AND RESTATEMENT OF THE DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AND REDEVELOPMENT PLAN AREA TAX INCREMENT FINANCING DISTRICT IN THE CITY OF WATERLOO This is a summary of the ordinance approving an amendment and restatement of the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan Area Tax Increment Financing District ("TIF District") in the City of Waterloo, Iowa (referred to below as the "Ordinance"): The general purpose of this Ordinance is to amend and restate the TIF District Plan to provide financial incentive for development within the TIF District boundaries. The TIF District Plan, as amended and restated, is on file in the office of the City Clerk of the City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703. The Ordinance designates the following land as the amended and restated TIF District area: Beginning at the point where the centerline of W. 12th Street, if extended, would intersect the centerline of the Southbound Washington Street as now located (also known as U.S. Highway 218), thence Northeasterly along the extension of the centerline of W. 12th Street, and the centerline of W. 12th Street to the Southerly line of the Cedar River, thence Northwesterly along the Southerly bank of the Cedar River to the centerline of W. 11th Street, thence Northeasterly along the centerline of the 11th Street Bridge and E. 11th Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street to its intersection with the centerline of E. 7th Street, thence Northeasterly along the centerline of E. 7th Street to the centerline of Franklin Street, thence Northwesterly along the centerline of Franklin Street to the centerline of E. 3rd Street, thence Southwesterly along the centerline of E. 3rd Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street, and an extension thereof, to the Northerly line of the Cedar River, thence following the Northerly bank of the Cedar River to a point where it would intersect the centerline of Fairview Avenue, if extended Southerly, thence North along the extension of the centerline of Fairview Avenue, and the centerline of Fairview Avenue to the centerline of Conger Street, thence Westerly and Southwesterly along the centerline of Conger Street and W. Conger Street to the centerline of relocated Ansborough Avenue (said point also being the intersection with the centerlines of River Road and Westfield Avenue), thence Westerly along the centerline of relocated Ansborough Avenue to its intersection with the West line of Courier Street, thence South along the West line of Courier Street, and an extension thereof, to the centerline of the Canadian National/Illinois Central Railroad spur line, thence Southwesterly along the centerline of said Railroad to the centerline of West Washington Street (also known as U.S. Highway 218), thence Southeasterly along the centerline of West Washington Street to the centerline of Vaughn Street, thence Northeasterly along the centerline of Vaughn Street to the centerline of Westfield Avenue, thence Southeasterly along the centerline of Westfield Avenue to its intersection with the East bank of Black Hawk Creek, thence Southwesterly along the Easterly bank of Black Hawk Creek to the centerline of southbound Washington Street, thence Easterly and Southeasterly along the centerline of Southbound Washington Street to the centerline of W. 2nd Street, thence 1 Southwesterly along the centerline of W. 2nd Street to the centerline of South Street, thence Southeasterly along the centerline of South Street to the centerline of W. 4th Street, thence Northeasterly along the centerline of W. 4th Street to the centerline of Southbound Washington Street, thence Southeasterly along the centerline of Southbound Washington Street to the point of beginning. The above is only a summary of the Ordinance and not the complete text of the Ordinance. Questions should be directed to the office of the City Planner. The Ordinance may be inspected in its entirety at the office of the City Clerk or the City Planner, 715 Mulberry Street, Waterloo, Iowa 50703, from Monday through Friday between the hours of 8:00 a.m. and 5:00 p.m. The Ordinance will become effective upon publication of this summary 2 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5254 AN ORDINANCE AMENDING ORDINANCE NOS. 4494, 4605 AND 5085, PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED AND RESTATED DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AND REDEVELOPMENT PLAN AREA OF THE CITY OF WATERLOO, COUNTY OF BLACK HAWK, STATE OF IOWA, BY AND FOR THE BENEFIT OF THE STATE OF IOWA, CITY OF WATERLOO, COUNTY OF BLACK HAWK, WATERLOO COMMUNITY SCHOOL DISTRICT, AND OTHER TAXING DISTRICTS, BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRINCIPAL AND INTEREST ON LOANS, MONIES ADVANCED TO AN INDEBTEDNESS, INCLUDING BONDS ISSUED OR TO BE ISSUED, INCURRED BY SAID CITY IN CONNECTION WITH THE AMENDED AND RESTATED DOWNTOWN WATERLOO RIVERFRONT URBAN RENEWAL AND REDEVELOPMENT PROJECT. WHEREAS, the City Council of the City of Waterloo, Iowa has heretofore, in Ordinance Nos. 4494, 4605, and 5085, provided for the division of taxes within the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan Project Area, pursuant to Section 403.19 of the Code of Iowa; and WHEREAS, the terms of the Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan have been amended and restated with respect to the Project Area; and WHEREAS, indebtedness has been incurred by the City, and additional indebtedness is anticipated to be incurred in the future, to finance urban renewal project activities within said Project Area, and the continuing needs of redevelopment within the amended and restated Project Area are such as to require the continued application of the incremental tax resources of the amended and restated Project Area; and WHEREAS, the following enactment is an amendment and restatement of prior actions and is necessary to accomplish the objectives described in the Amended and Restated Downtown Waterloo Riverfront Urban Renewal and Redevelopment Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA THAT: Ordinance Numbers 4494, 4605, and 5085 are hereby amended and restated to read as follows: Section 1: For purposes of this Ordinance, the following terms shall have the following meanings: Ordinance No. 5254 Page 2 (a) Original Project Area and Amendment No. 1 Area shall mean that portion of the City of Waterloo, Iowa described in the Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area approved by Ordinance No. 2723, adopted on December 23, 1974, and amended by Resolution No. 27385 adopted in 1980 and Resolution No. 1996-804, adopted December 16, 1996 (no new area added), which Original Project Area includes the lots and parcels located within the area legally described as follows: Beginning at a point at the intersection of Franklin and East Seventh Streets, thence Southwesterly along Seventh Street to the alley between Jefferson and Bluff Streets, thence Northwesterly along said alley to West Third Street, thence Northeasterly along West Third Street to Franklin Street, thence Southeasterly on Franklin Street to the point of beginning, all in the City of Waterloo, Black Hawk County, Iowa. (b) Amendment No. 2 Area shall mean that portion of the City of Waterloo, Iowa described in Amendment No. 2 to the Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area approved by Resolution No. 2001-394, adopted on August 6, 2001, which Amendment No. 2 Area includes the lots and parcels located within the area legally described as follows: Bounded by Southbound Washington Street, West 12th Street, Cedar River, 11th Street, Sycamore Street, East 7th Street, Franklin Street, East 3rd Street, Sycamore Street, Fairview Avenue, Conger Street, River Road, Black Hawk Creek to Southbound Washington Street. (c) Amendment No. 3 Area shall mean that portion of the City of Waterloo, Iowa described in Amendment No. 3 to the Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Renewal Area approved by Resolution No. 2003-225 on April 7, 2003, which Amendment No. 3 Area includes the lots and parcels located within the area legally described as follows: Bounded by Southbound Washington Street, West 4th Street, South Street, West 2nd Street to Southbound Washington Street. (d) Amendment No. 4 Area shall mean that portion of the City of Waterloo, Iowa described in Amendment No. 4 to the Urban Renewal and Redevelopment Plan for the Downtown Waterloo Riverfront Urban Ordinance No. 5254 Page 3 Renewal Area approved by Resolution No. 2011-1109 on December 5, 2011, which Amendment No. 4 Area includes the lots and parcels located within the area legally described as follows: Beginning at the point where the centerline of West Conger Street intersects the centerline of relocated Ansborough Avenue (said point also being the intersection with the centerlines of River Road and Westfield Avenue), thence Westerly along the centerline of relocated Ansborough Avenue to its intersection with the West line of Courier Street, thence South along the West line of Courier Street, and an extension thereof, to the centerline of the Canadian National/Illinois Central Railroad spur line, thence Southwesterly along the centerline of said Railroad to the centerline of West Washington Street (also known as U.S. Highway 218), thence Southeasterly along the centerline of West Washington Street to the centerline of Vaughn Street, thence Northeasterly along the centerline of Vaughn Street to the centerline of Westfield Avenue, thence Southeasterly along the centerline of Westfield Avenue to its intersection with the East bank of Black Hawk Creek, thence Northerly along the Easterly bank of Black Hawk Creek to the centerline of River Road, thence Northwesterly and Westerly along the centerline of River Road to the point of beginning. (e) Amended and Restated Project Area, which remains unchanged from the Amended Project Area set forth in Ordinance No. 5085, shall mean that portion of the City of Waterloo, Iowa included within the Original Project Area and Amendment No. 1 Area, Amendment No. 2 Area, Amendment No. 3 Area, and Amendment No. 4 Area, which Amended and Restated Project Area includes the lots and parcels located within the area legally described as follows: Beginning at the point where the centerline of W. 12th Street, if extended, would intersect the centerline of the Southbound Washington Street as now located (also known as U.S. Highway 218), thence Northeasterly along the extension of the centerline of W. 12th Street, and the centerline of W. 12th Street to the Southerly line of the Cedar River, thence Northwesterly along the Southerly bank of the Cedar River to the centerline of W. llth Street, thence Northeasterly along the centerline of the Ordinance No. 5254 Page 4 11th Street Bridge and E. 11th Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street to its intersection with the centerline of E. 7th Street, thence Northeasterly along the centerline of E. 7th Street to the centerline of Franklin Street, thence Northwesterly along the centerline of Franklin Street to the centerline of E. 3rd Street, thence Southwesterly along the centerline of E. 3rd Street to the centerline of Sycamore Street, thence Northwesterly along the centerline of Sycamore Street, and an extension thereof, to the Northerly line of the Cedar River, thence following the Northerly bank of the Cedar River to a point where it would intersect the centerline of Fairview Avenue, if extended Southerly, thence North along the extension of the centerline of Fairview Avenue, and the centerline of Fairview Avenue to the centerline of Conger Street, thence Westerly and Southwesterly along the centerline of Conger Street and W. Conger Street to the centerline of relocated Ansborough Avenue (said point also being the intersection with the centerlines of River Road and Westfield Avenue), thence Westerly along the centerline of relocated Ansborough Avenue to its intersection with the West line of Courier Street, thence South along the West line of Courier Street, and an extension thereof, to the centerline of the Canadian National/Illinois Central Railroad spur line, thence Southwesterly along the centerline of said Railroad to the centerline of West Washington Street (also known as U.S. Highway 218), thence Southeasterly along the centerline of West Washington Street to the centerline of Vaughn Street, thence Northeasterly along the centerline of Vaughn Street to the centerline of Westfield Avenue, thence Southeasterly along the centerline of Westfield Avenue to its intersection with the East bank of Black Hawk Creek, thence Southwesterly along the Easterly bank of Black Hawk Creek to the centerline of southbound Washington Street, thence Easterly and Southeasterly along the centerline of Southbound Washington Street to the centerline of W. 2nd Street, thence Southwesterly along the centerline of W. 2nd Street to the centerline of South Street, thence Southeasterly along the centerline of South Street to the centerline of W. 4th Street, thence Northeasterly along the centerline of W. 4th Street to the centerline Ordinance No. 5254 Page 5 of Southbound Washington Street, thence Southeasterly along the centerline of Southbound Washington Street to the point of beginning. Section 2: The taxes levied on the taxable property in the Amended and Restated Project Area, legally described in Section 1 hereof, by and for the benefit of the State of Iowa, City of Waterloo, County of Black Hawk, Waterloo Community School District, and all other taxing districts from and after the effective date of this Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3: As to the Original Project Area and Amendment No. 1 Area, that portion of the taxes which would be produced by the rate at which the tax is levied each year by or for each of the taxing districts taxing property in the Original Project Area and Amendment No. 1 Area upon the total sum of the assessed value of the taxable property in the Original Project Area and Amendment No. 1 Area as shown on the assessment roll as of January 1, 1974, being the first day of the calendar year preceding the effective date of Ordinance No. 2723, shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for said taxing district into which all other property taxes are paid. The taxes so determined shall be referred herein as the "base period taxes" for such area. As to Amendment No. 2 Area, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2000, being the assessment roll applicable to property in such area as of January 1 of the calendar year preceding the effective date of Ordinance No. 4494. As to Amendment No. 3 Area, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2002, being the assessment roll applicable to property in such area as of January 1 of the calendar year preceding the effective date of Ordinance No. 4605. As to Amendment No. 4 Area, base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1, 2010, being the assessment roll applicable to property in such area as of January 1 of the calendar year preceding the effective date of this Ordinance. Section 4: That portion of the taxes each year in excess of the base period taxes for the Amended and Restated Project Area, determined for each sub -area thereof as provided in Section 3 of this Ordinance, shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Waterloo to pay the principal of and interest on loans, monies advanced to, or indebtedness, whether funded, refunded, assumed or otherwise, including bonds issued under authority of Section 403.9 or Section 403.22 of the Code Ordinance No. 5254 Page 6 of Iowa, incurred by the City of Waterloo, Iowa to finance or refinance, in whole or in part, urban renewal projects undertaken within the Amended and Restated Project Area pursuant to the Urban Renewal Plan, as amended and restated, except that taxes for the regular and voter -approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2 of the Code of Iowa and taxes for the payment of bonds and interest of each taxing district shall be collected against all taxable property within the Amended and Restated Project Area without any limitation as hereinabove provided. Section 5: Unless or until the total assessed valuation of the taxable property in the areas of the Amended and Restated Project Area exceeds the total assessed value of the taxable property in said area shown by the last equalized assessment rolls referred to in Section 3 of this Ordinance, all of the taxes levied and collected upon the taxable property in the Amended and Restated Project Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6: At such time as the loans, monies advanced, bonds and interest thereon and indebtedness of the City of Waterloo referred to in Section 4 hereof have been paid, all monies thereafter received from taxes upon the taxable property in the Amended and Restated Project Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7: All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed. The provisions of this Ordinance are intended and shall be construed so as to continue the division of taxes from property within the Original Project Area and Amendment No. 1 Area under the provisions of Section 403.19 of the Code of Iowa, as authorized in Ordinance No. 2723, as amended by Ordinance No. 4494 for the addition of Amendment No. 2 Area, as amended by Ordinance No. 4605 for the addition of Amendment No. 3 Area, and as authorized in Ordinance No. 5085 for the addition of Amendment No. 4 Area. In the event that any provision of this Ordinance shall be determined to be contrary to law, it shall not affect other provisions or application of this Ordinance, which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code of Iowa with reference to the Amended and Restate Project Area and the territory contained therein. Section 8: This Ordinance shall be in effect after its final passage, approval and publication as provided by law. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: November 17, 2014 November 17, 2014 November 17, 2014 November 17, 2014 Ordinance No. 5254 Page 7 PASSED AND ADOPTED this 17th day of November, 2014. 427/1 nest G. Clark, Mayor ATTEST: Suzy SchJres, 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. 5254, as passed and adopted by the Council of the City of Waterloo, Iowa, on the 17th day of November, 2014. Witness my hand and seal of office this 17th day of November, 2014. Suzy Sch res, CMC City Clerk L Manor BUCK CLARK COUNCIL MEMBERS DAVID JONES [Pard / CAROLYN 11'ard 2 HAROLD GETTY Ward 3 QUENTIN HART Ward .1 RON YELPER Ward 5 BOB GREEN WOOD At -Large STEVE SCHMITT Ai -Large CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 EASTON AVE. WATERLOO, IA 50702 (319) 291-4553 FAX (319) 291-4523 LARRY N. SMITH SUPERINTENDENT Council Communication City Council Meeting: 11/10/2014 Prepared: 10/30/14 Dept. Head Signature: Lawry S n thi # of Attachments: 1 SUBJECT: Regulation of Fat, Oil and Grease Discharge by Food Service Establishments Submitted by: Larry N. Smith, WMS Superintendent Recommended City Council Action: Approving an Ordinance amending the Code of Ordinances of the City of Waterloo, by adopting Article E, Regulation of Fat, Oil and Grease discharged by food service establishments, of Chapter 3, Sewer Regulation, of Title 8, Public Utilities. Summary Statement: The purpose of this section shall be to aid in the prevention of sanitary sewer blockages and obstruction from contribution and accumulation of fat, oil, and grease into the POTW. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY OF WATERLOO Council Communication City Council Meeting: November 17, 2014 Prepared: November 12, 2014 Dept. Head Signature: Suzy Schares # of Attachments: 1 SUBJECT: Ordinance repealing Title 3, Chapter 5, Article A. Ambulances. Submitted by: Suzy Schares, City Clerk/HR Director Recommended City Council Action: Pass ordinance repealing Title 3, Chapter 5, Article A. Ambulances. Summary Statement: Expenditure Required: none Source of Funds Policy Issue Alternative Background Information: The ordinance was passed in 1968 to regulate/license ambulances services. This was prior to having a City ran ambulance service and prior to having a state certification/licensing process in place. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5255 AN ORDINANCE AMENDING THE CODE OF ORDINANCES OF THE CITY OF WATERLOO, BY REPEALING CHAPTER 5, BUSINESSES RELATING TO VEHICLES, ARTICLE A, AMBULANCES, OF TITLE 3, BUSINESS AND LICENSE REGULATIONS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Chapter 5, Businesses Relating to Vehicles, Article A, Ambulances, of Title 3, Business and License Regulations, of the Code of Ordinances of the City of Waterloo, is hereby deleted in its entirety. INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: November 17, 2014 November 17, 2014 November 17, 2014 November 17, 2014 PASSED AND ADOPTED this 17th day of November, 2014. ATTEST: Suzy Scha City Cler ;721CL-e" Ernest G. Clark, Mayor CERTIFICATE I, Suzy Schares, City Clerk of the City of Waterloo, Iowa, do hereby certify that the preceding is a true and complete copy of Ordinance No. 5255 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 17t day of November, 2014. Witness my hand and seal of office this 17th day of November, 2014. Suzy Sch:res, CMC City Cle k CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Fax (319) 291-4523 CITY OF WATERLOO Council Communication City Council Meeting: November 10, 2014 Prepared: November 6, 2014 Dept. Head Signature: Larry Smith, Waste Management Services Superintendent # of Attachments: 2 SUBJECT: Submitted by: Sanitary Sewer Improvements Service area No. 15 and No. 16, Phase I CIP Pipe Lining Change Order #2 Larry Smith, WMS Superintendent Recommended City Council Action: Attached for your consideration you will find 2 copies of Change Order #2 in the amount of $6,397.32 to add 299 manhole inspections which are necessary in order to proceed with Phase II - Contract #876. Summary Statement: Expenditure Required: $6,397.32 Source of Funds: Sewer Revenue Bonds Policy Issue Alternative Background Information: CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer A.COM September 30, 2014 Mr. Larry Smith Superintendent of Waste Management Services City of Waterloo 3505 Easton Avenue Waterloo, IA 50702 AECOM 319232 6531 tel 501 Sycamore Street 319-232-0271 tax Suite 222 Waterloo, Iowa 50703 www aecom.com Subject: Sanitary Sewer Improvements Service Areas No. 15 and No. 16 — Pay Estimate No. 5 City of Waterloo, Iowa City Project No. 866 AECOM No. 60163564 Dear Mr. Smith: Attached is Pay Estimate No. 5 submitted by Municipal Pipe Tool Company LLC for the Sanitary Sewer Improvements Service Areas No. 15 and No. 16 project. This Pay Estimate covers the work completed from August 20, 2014 to September 30, 2014. The following is included in this Pay Estimate: Change Order No. 2 — This change order is to reconcile the installed quantities for the project and to add 299 Manhole Inspections. The Manhole Inspections are necessary to gather the manhole repair quantities for future project FY 2015 Phase II CIP Pipe Lining project — City Contract No. 876. Nine Internal Chimney Seals were removed from the project to accommodate the addition of the Manhole Inspections. Those Internal Chimney Seals that are removed will be added to City Contract No. 876. The effect of Change Order No. 2 is an addition of $6,397.32. The new contract total is $769,390.87. Work Completed: • All project work is complete with the exception of the Manhole Inspections that were added as part of Change Order No. 2. \60323440100000000 \ 600 -Construction Support\660 Pay Applications\Pay Estimate No. 5\CIP 15&16 - Pay Estimate No 5 LTR.docx DESCRIPTION ORIGINAL CONTRACT $ 641,171.36 1 CHANGE ORDER NO. 1 $ 121,839.83 2 CHANGE ORDER NO. 2 $ 6,379.68 CONTRACT TOTAL $ 769,390.87 Work Completed: • All project work is complete with the exception of the Manhole Inspections that were added as part of Change Order No. 2. \60323440100000000 \ 600 -Construction Support\660 Pay Applications\Pay Estimate No. 5\CIP 15&16 - Pay Estimate No 5 LTR.docx AZCOM AECOM 319-232-6531 tel 501 Sycamore Street 319-232-0271 fax Suite 222 Waterloo, Iowa 50703 www.aecom.com AECOM recommends that the City of Waterloo pays Pay Estimate No. 5 to Municipal Pipe Tool Company LLC. for the amount of $41,514.07. Yours sincerely, Christopher G. Oelkers, P.E. cc: Ms. Suzy Schares — City of Waterloo P:\60323440\000000001600 -Construction Support\660 Pay Applications\Pay Estimate No. 5\CIP 15816 - Pay Estimate No 5 LTR.docx CHANGE ORDER NO.2 Service Areas No. 15 and No. 16 Phase I CIP Lining City Contract No. 866 09/26114 A. COM Original Construction Contract Bid Item #1 8" Pipe Lining Bid Item #2 10" Pipe Lining Bid Item #3 Internal Chimney Seal Bid Item #4 External Chimney Seal Bid Item #5 Joint Rehab Bid Item #6 MH Lining MH Inspection **NEW** Grout Added Item Misc. Manhole Work TOTAL Quantity 23,221.0 495.0 57.0 57.0 25.0 25.0 0.0 0.0 $0.00 Unit LF LF EA EA EA EA EA EA LS Bid Price $23.21 $26.96 $336.00 $509.25 $525.00 $1,102.50 $46.00 $747.50 $0.00 Bid Item Total 5538.959.41 $13,345.20 $19,152.00 $29,027.25 $13;125.00 $27,562.50 $0.00 $0.00 $0.00 $641,171.36 CHANGE ORDER NO. 1 Adjusted Construction Contract Bid Item #1 8" Pipe Lining Bid Item #2 10" Pipe Lining Bid Item #3 Internal Chimney Seal Bid Item #4 External Chimney Seal Bid Item #5 Joint Rehab Bid Item #6 MH Lining MH Inspection **NEW** Grout Added Item Misc. Manhole Work TOTAL Original Contract Quantities 23,221.0 495.0 57.0 57.0 25.0 25.0 0.0 0.0 0.0 MP PE No. 3 Submitted Totals 25,757.0 807.0 67.0 8.0 58.0 66.0 166.0 5.0 2,260.0 Change Order No. 1 Adjustment 2,536.0 312.0 10.0 (49.0) 33.0 41.0 166.0 5.0 2,260.0 Bid Price $23.21 $26.96 $336.00 $509,25 $525.00 $1,102.50 $46.00 $747.50 $2,260.00 Change Order No. 1 Totals $58,860.56 $8,411.52 $3,360.00 ($24,953.25) $17,325.00 $45,202.50 $7,636.00 $3,737.50 $2,260.00 $121,839.83 Amended Contract Price Change Order Mn I $763,011.19 CHANGE ORDER NO. 2 Area Manhole # Connecting Manhole # Bid Item #1 8" Pipe Lining Bid Item #2 10" Pipe Lining Bid Item #3 Internal Chimney Seal Bid Item #4 External Chimney Seal Bid Item #5 Joint Rehab Bid Item #6 MH Lining MH Inspection **NEW** Grout Added Item Misc. Manhole Work TOTAL Current Totals 25,757.0 807.0 67.0 8.0 58.0 66.0 166,0 5.0 2,260.0 MP PE No. 5 Submitted Totals 25,658.0 964.0 60.0 3.0 72.0 54.0 465.0 4.0 $4,476.50 Change Order No. 2 Adjustment (99.0) 157.0 (7.0) (5.01 14.0 (12 0) 299.0 (1.0) $2,216.50 Bid Price $23.21 $26.96 $336.00 $509.25 $525.00 $1,102.50 $46.00 $747.50 Change Order No. 2 Totals r$7 7117.791 $4,232.72 ($2,352.00) ($2,546.25) $7,350.00 t 17,230.00) $13,754.00 "17 50)_ $2,216.50 $6,379.68 Amended Contract Price Change Order No. 2 $769,390.87 PAY ESTIMATE FOR SANITARY SEWER IMPROVMENTS - SERVICE AREA NO. 15 AND NO. 16 CITY OF WATERLOO Waterloo, Iowa AECOM Project No. 60163564 Period Ending : 09130114 EsUrnale No.: 5 -REVISED Contractor : Municipal Pipe Tool Co. LLC NO. DESCRIPTION UNIT UNIT PRICE AMENDED CONTRACT PROJECT TOTAL TO DATE CURRENT PERIOD REM % COMPLETE TOTAL QUANTITY AMOUNT INSTALLED QUANTITY TOTAL INSTALLED QUANTITY AMOUNT 1 8. O'arne4er CIP Ppe Lining Lineal Feet $ 23.21 25658 $ 595,522.18 25658.00 $ 595,52218 $ 717,855.03 LESS PREVIOUS PAYMENTS 100.0% 2 10' Diann ter CIP Pipe Lning Laud Feet $ 26.96 964 S 25,989.44 964.00 $ 25,989.44 16100 $ 4,367.52 1000% 3 Internal Clwrney Seal Each $ 336.00 60 $ 20,160.00 60.00 $ 20,160.00 60.00 $ 20,160.00 100.0% 4 Externa Chnruy Sed Each $ 509.25 3 6 1,527.75 3.00 $ 1,527.75 100.066 Manhole Burd Joint Leak Repair Each $ 525.00 72 $ 37,800.00 72.00 $ 37,800.00 14.00 $ 7,350.00 100.0% " Manhole Loring 03ch $ 1,102.50 54 $ 59.535.00 54.00 $ 59,535.00 6.00 $ 6,615.00 100.0% " Manhole Inspections Each $ 46.00 465 $ 21,390.00 166.00 $ 7,636.00 35.7% Sra9nole Grout Work Each $ 747.50 4 $ 2,990.00 4.00 3 2,990.00 4.00 5 2,99000 100.0% _ s.s:eta*ens Manhole Work LS $ 1.00 4476.5 $ 4,476.50 4476.50 $ 4,476.50 2,216.50 $ 2,216.50 100.0% CONTRACT TOTAL SUBMITTED TO DATE CURRENT PERIOD % COMPLETE $ 769,390.87 $ 755,636.87 $ 43,699.02 98.296 CHANGE ORDERS NO DESCRIPTION CHANGE ORDER AMOUNT 5 6,440.00 ORIGINAL CONTRACT $ 641,171.36 PAY ESTIMATE NO. 3 CHANGE ORDER NO. 1 $ 121.839.83 ` CHANGE ORDER NO. 2 $ 6,379.68 SUBTOTAL $ 755,636.87 CONTRACT TOTAL $ 769,390.87 aa. We aCt/ k‘k* Mumapal Pipe Tool Co. LLC Christopher G. Oelkers AECOM, Project Engineer CITY OF ATERLOO P80323440.00000C'6pp-CoecNstion Sup00,1860 Pay Applca5oncWay Estrum, No. 5420140926- Pay Eminate 5 WORKSMEETXL$X)Pay Request 05 • 09/30/14 Date 09/30/14 Date /1 -�Y Date PAY ESTIMATE NO. 1 5 6,440.00 PAY ESTIMATE NO. 2 $ 222,932.05 PAY ESTIMATE NO. 3 $ 33206430 PAY ESTIMATE NO. 4 $ 150,501.50 CURRENT PERIOD $ 43,699.02 , SUBTOTAL $ 755,636.87 LESS RETAINAGE (5%) $ 37,781.84 SUBTOTAL $ 717,855.03 LESS PREVIOUS PAYMENTS $ 676,340.96... DUE THIS ESTIMATE $ 41,514.07 aa. We aCt/ k‘k* Mumapal Pipe Tool Co. LLC Christopher G. Oelkers AECOM, Project Engineer CITY OF ATERLOO P80323440.00000C'6pp-CoecNstion Sup00,1860 Pay Applca5oncWay Estrum, No. 5420140926- Pay Eminate 5 WORKSMEETXL$X)Pay Request 05 • 09/30/14 Date 09/30/14 Date /1 -�Y Date Mayor BUCK CLARK COUNCIL MEMBERS DAVID JON ES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4366 Fax (319) 291-4262 Council Communication City Council Meeting: November 1 , 2014 Prepared: November 12, 2014 Dept. Head Signature: # of Attachments: SUBJECT: Change Order/Extra Work Order No. 1 for additional asbestos abatement services in conjunction with FY 2014 Asbestos abatement Contract with Advanced Environmental for 1423 Hawthorne Street. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Change Order/Extra Work Order No. 1 for additional asbestos abatement services in conjunction with FY 2014 Asbestos abatement Contract with Advanced Environmental for 1423 Hawthorne Street. Summary Statement: In the month of June, Staff offered 1423 Hawthorne Street up for sale. There were no bids submitted at that time; therefore staff got a price from Advanced Environmental to changer order 1423 Hawthorne Street on to their existing contract for asbestos abatement that included properties located at 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 421 Almond Street, in the amount of $8,888.00. Their price of $6,500.00 for asbestos abatement of 1423 Hawthorne Street was considered to high therefore, staff was told to get informal bids. Staff received two informal bids for abatement services. Earth Services and Abatement bid $ 9,620.00 and Advanced submitted the same bid price of $6,500.00 a second time. Therefore Advanced Environmental is the lowest responsible bidder for the project. Expenditure Required: The original contract amount was for $8,888.00; which included 3137 Independence Avenue, 2375 Independence Avenue, 4012 Leversee Road, and 421 Almond Street. The additional total cost is $6,500.00. The total cost is now $15,388.00 Source of Funds: The asbestos abatement activities of this site will be undertaken by the City of Waterloo using G.O. funds, for nuisance abatement. Policy Issue: Nuisance abatement Alternative: N/A Background Information: NA:cw CITY WEBSITE: www.cityofwaterlooiowa.com Civkl•] WE'RE WORKING An Wi 1381 , 109(ffliN vMVO9n Pw ia.us CITY OF WATERLOO Council Communication City Council Meeting: November 17, 2014 Prepared: November 7, 2014 Dept. Head Signature: 7-1-- # of Attachments: SUBJECT: Request the City Council adopt resolutions to preliminarily approve the request for the bid document and specifications for Two (2) 2015 model year compact pickup trucks and to instruct the City Clerk to publish notice of hearing on bid document, specifications etc, as December 15, 2014 and Bid Opening on December 11, 2014 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approve Summary Statement: Expenditure Required: Est $38,000 Source of Funds: GO Bond Policy Issue: NA Alternative: NA Background Information: Request Council adopt resolutions to set date of hearing for the purpose of purchasing two (2) 2015 compact pickup trucks for the Building Inspection Department. This request is in line with the overall equipment replacement plan and is budgeted in the FY 2015 CIP. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-986 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE PURCHASE OF TWO (2) 2015 COMPACT PICKUP TRUCKS FOR THE BUILDING INSPECTION DEPARTMENT. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Public Works Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Two (2) 2015 Compact Pickup Trucks for the Building Inspection Department, 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 Purchase of Two (2) 2015 Compact Pickup Trucks for the Building Inspection Department. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Two (2) 2015 Compact Pickup Trucks for the Building Inspection Department, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 17th day oNovember, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sc .. res, CMC City Cle k Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-987 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE PURCHASE OF TWO (2) 2015 COMPACT PICKUP TRUCKS FOR THE BUILDING INSPECTION DEPARTMENT, IN THE CITY OF WATERLOO AS DECEMBER 15, 2014, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA, 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 in the Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 15th day of December, 2014, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract, etc., in conjunction with the Purchase of Two (2) 2015 Compact Pickup Trucks for the Building Inspection Department, 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 17th day o November, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Sch$res, CMC City Cle k CITY OF WATERLOO Council Communication City Council Meeting: November 17, 2014 Prepared: November 7, 2014 Dept. Head Signature: -4_&-.4._-_' # of Attachments: SUBJECT: Request the City Council adopt resolutions to preliminarily approve the request for the bid document and specifications for Seven (7) 2015 model year patrol vehicles and to instruct the City Clerk to publish notice of hearing on bid document, specifications etc, as December 15, 2014 and Bid Opening on December 11, 2014 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approve Summary Statement: Expenditure Required: Est $175,000 Source of Funds: GO Bond Policy Issue: NA Alternative: NA Background Information: Request Council adopt resolutions to set date of hearing for the purpose of purchasing seven (7) 2015 patrol vehicles. This request is in line with the overall equipment replacement plan and is budgeted in the FY 2015 CIP. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-988 RESOLUTION PRELIMINARILY APPROVING SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ESTIMATE OF COST, ETC., IN CONJUNCTION WITH THE PURCHASE OF SEVEN (7) 2015 PATROL VEHICLES FOR THE POLICE DEPARTMENT. WHEREAS, the City Council of the City of Waterloo, Iowa, heretofore instructed the Public Works Director of said City to prepare proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Seven (7) 2015 Patrol Vehicles for the Police Department, 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 Purchase of Seven (7) 2015 Patrol Vehicles for the Police Department. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that said proposed specifications, bid document, form of contract, estimate of cost, etc., in conjunction with the Purchase of Seven (7) 2015 Patrol Vehicles for the Police Department, in the City of Waterloo, Iowa, be, and the same are hereby, preliminarily approved as filed. PASSED AND ADOPTED this 17th daypf November, 2014. ATTEST: Suzy Schres, CMC City Clerk 2zF . eg&e est G. Clark, Mayor Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-989 RESOLUTION FIXING THE TIME AND PLACE OF HEARING ON PROPOSED SPECIFICATIONS, BID DOCUMENT, FORM OF CONTRACT, ETC., IN CONJUNCTION WITH THE PURCHASE OF SEVEN (7) 2015 PATROL VEHICLES FOR THE POLICE DEPARTMENT, IN THE CITY OF WATERLOO AS DECEMBER 15, 2014, AT 5:30 P.M. IN HAROLD E. GETTY COUNCIL CHAMBERS, CITY HALL, WATERLOO, IOWA, 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 in the Harold E. Getty Council Chambers, City Hall, in the City of Waterloo, Iowa, at 5:30 p.m. on the 15th day of December, 2014, for the purpose of holding a public hearing on proposed specifications, bid document, form of contract, etc., in conjunction with the Purchase of Seven (7) 2015 Patrol Vehicles for the Police Department, 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 17th day November, 2014. ATTEST: Ajr„st_r>4111DIP Suzy Schars, CMC City Clerk Er est G. C ark, Mayor CIVIL SERVILE COMMISSION MINUTES 7:30 a.m. October 31, 2014 ISt Floor Conference Room — City Hall Members Present: Member Absent: Others Present: Bonetta Culp, John Blitsch, Barry Haskins Abraham Funchess (ex officio) Mark Rice, Craig Clark, Cheryl Huddleston Moved by Haskins, seconded by Blitsch to approve the October 31, 2014 Agenda. Motion carried. Moved by Blitsch, seconded by Haskins to approve the September 26, 2014 Minutes. Motion carried. UNFINISHED BUSINESS The Civil Service List for Plant Maintenance Mechanic — Waste Management Services was presented for approval. The Human Resources Committee approved beginning the Civil Service process on 8/18/14 and the Civil Service Commission approved the job description and testing criteria on 8/29/14. The position was advertised in the Courier, posted on the City website and cable, notices sent to agencies and organizations on the Affirmative Action List and posted in all City departments. We received 9 resumes and 5 candidates were invited to interview. Panel members were Kent Quin and Dick Olson from Waste Management and Cheryl Huddleston from Human Resources. One candidate cancelled and 1 did not show for his interview. The Civil Service List has 3 white males. Moved by Blitsch, seconded by Haskins: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Plant Maintenance Mechanic for the City of Waterloo, Iowa Waste Management Services Department. Appointment(s) shall be made from this list for the next year (October 31, 2014 — October 30, 2015). CERTIFIED LIST Brandon Schrage Matthew Schaefer Jimmy Makedonski Motion carried. The Civil Service List for Garage Mechanic Foreman was presented for approval. The Human Resources Committee approved beginning the Civil Service process on 8/18/14 and the Civil Service Commission approved the job description and testing criteria on 8/29/14. This is a new position. It was posted as a promotional in all City departments and 3 employees submitted a resume. Panel members were Battalion Chief Mike Moore from Fire Rescue, JB Bolger from Leisure Services and Cheryl Huddleston from Human Resources. The Civil Service List has 3 white males. Moved by Haskins, seconded by Blitsch: We, the members of the Civil Service Commission, certify the following list of applicants, who are eligible based upon the examination process as set forth by the Civil Service Commission for the appointment to the position of Garage Mechanic Foreman for the City of Waterloo, Iowa Central Garage. Appointment(s) shall be made from this list for the next two years (October 31, 2014 — October 30, 2016). CERTIFIED LIST Don Colvin Kent Flege Carey Myers Motion carried. Updates Airport Maintenance Worker — Open Exam Approved by Human Resources Committee on 9/15/14 and by Civil Service on 9/26/14. Advertised Courier, City website and cable, Affirmative Action List, all City departments. Have received about 40 resumes so far. Airport Maintenance Foreman — Promotional Exam Approved by Human Resources Committee on 9/15/14 and by Civil Service on 9/26/14. Posted in all City departments. Received 4 resumes. Will be interviewing once the new Airport Director begins in a couple weeks. NEW BUSINESS The job description and testing criteria for Property Safety Inspector — Building Inspections was presented for approval. This is an additional position in this job classification. The position was approved by the Human Resources Committee on 9/2/14. There are only minor changes in the certification requirements. Moved by Blitsch, seconded by Haskins to approve the job description and testing criteria for Property Safety Inspector — Building Inspections. Motion carried. The job description and testing criteria for Youth Pavilion Manager — Culture & Arts was presented for approval. There is a vacancy due to a retirement. The position was approved by the Human Resources Committee on 10/6/14. There are only minor changes in the job description. The position will go from 35 hours per week to 40 hours per week. Moved by Haskins, seconded by Blitsch to approve the job description and testing criteria for Youth Pavilion Manager — Culture & Arts. Motion carried. OTHER BUSINESS None With no further business, moved by Blitsch, seconded by Haskins to adjourn. Motion carried. Cheryl Huddleston, Human Resources Manager Clerk for the Civil Service Commission CITY OF WATERLOO, IOWA CITY HALL 715 MULBERRY STREET 50703 Today's Date: 11/7/2014 Effective Date: 11/5/2014 Employment Date: 5/5/1997 To: City Council Members Re: Notice of Severance Department Waterloo Fire Rescue Job Title/Classification 8th Year Paramedic This is to report that the employment of Judy Rottinghaus with the City of Waterloo has been severed by reason of: Retired Disability Related Resigned ❑ Termination ❑ Other Yes In accordance with City Policy, it is requested to allow payment which consists of the following: Comments: Benefits Total Hours (x) Hourly Rate Total Payout Vacation -Accrued 182.86 $ 22.96 $ 4,198.47 Vacation -Current 24 $ 22.96 $ 551.04 Usable Sick Leave 0 (x) 75% Frozen Sick Leave (x) 60% Personal Hours 40.64 $ 22.61 $ 918.87 Comp Time Pay Clothing Allowance Holiday 8 $ 22.61 $ 180.88 Total Payment $ 5,849.26 Approved b� Human Resou 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 ❑-9 Date / 1 I to I Date lr`lo‘ot Updated 6/28/11 Vouchers Prepared by November 10, 2014 Vendor Address City & State Invoice Date 10/23/14 11/6/2014 Special Instructions: Submitted By Cedar Valley Corp. Pauline C CITY OF WATERLOO PAYMENT VOUCHER ************************************* G0004 12100/T004 Est # 11 Qty/Unit Vendor 248 Batch # Keyed By Department: Engineering Grant/Project Code# 9002 A111714 Amount Description G/L Distribution 270,770.06 Contract 843 Kimball Ave. Transportation 290-07-7500-2165 67,692.51 Imp. Project (Tower Park Dr to Acadia St) 205-07-7500-2165 1,646.21 10/18 - 10/31/14 521-07-5300-2162 Total $ 340,108.78 11/10/14 Date Approved By: Date An Equal Opportunity/Affirmative Action Employer Ament Design Waterloo, IA CONTRACTOR'S APPLICATION FOR PAYMENT ESTIMATE NO: ELEVEN (11) Date: 11/6/2014 Project No: 00004.12100 / T004 Project: Owner: Contractor: FOR PERIOD 10/18/2014 PCC Pavement Grade and Replace -- Kimball Avenue from Tower Park Drive to Acadia Street -- Project No. STP -U-8155(731)--70-07 City of Waterloo, Iowa Cedar Valley Corp., LLC TO: 10/31/14 Original Contract Amount $5,914,306.72 Current Contract Amount: $5,937 Item No. Item Code Description Units Est. Qty. Complete Qty. ' Complete Last Period Qty. Complete this Period Unit Price Value Complete Value Complete this Pay Period DIVISION 1 (PARTICIPATORY) 0010 2101-0850002 CLEARING AND GRUBBING UNIT 194.00 136.50 136.50 0.00 $35.00 $' 4,777.50 $ - 0020 2102-2710070 EXCAVATION, CLASS 10, ROADWAY AND BORROW CY 12,840.00 3,537.42 3,107.28 430.14 $8.75 $ 30,952.43 $ 3,763.73 0030 2105-8425015 TOPSOIL, STRIP, SALVAGE AND SPREAD CY 2,740.00 754.87 663.08 91.79 $8.25 $ 6,227.68 $ 757.27 0040 2109-8225100 SPECIAL COMPACTION OF SUBGRADE STA 83.67 0.00 0.00 0.00 $100.00 $ - $ - 0050 2113-0001100 SUBGRADE STABILIZATION MAT'L, POLYMER GRID SY 473.00 0.00 0.00 0.00 $4.00 $ $ - 0060 2115-0100000 MODIFIED SUBBASE CY 8,171.90 2,234.44 1,787.94 446.50 $39.50 $ 88,260.38 $ 17,636.75 0070 2121-7425020 GRANULAR SHOULDERS, TYPE B TON 332.60 216.71 216.71 0.00 $23.00 $ 4,984.33 $ 0080 2123-7450000 SHOULDER CONSTRUCTION, EARTH STA 19.52 0.00 0.00 0.00 $185.00 $ - $ 0090 2123-7450020 SHOULDER FINISHING, EARTH STA 129.24 0.00 0.00 0.00 $110.00 $ - $ 0100 2213-6745500 REMOVAL OF CURB STA 24.91 12.18 12.18 0.00 $1,015.00 $ 12,362.70 $ - 0110 2301-1033070 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS C, CLASS 3 DURABILITY, 7 IN. SY 1,406.00 733.50 733.50 0.00 $47.27 $ 34,672.55 $ - 0120 2301-1033080 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS C, CLASS 3 DURABILITY, 8 IN. SY 32,906.90 471.05 471.05 0.00 $34.92 $ 16,449.07 $ - 0130 2301-1083070 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS M, CLASS 3 DURABILITY, 7 IN. SY 689.50 330.56 330.56 0.00 $61.79 $ 20,425.36 $ - 0140 2301-1083080 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS M, CLASS 3 DURABILITY, 8 IN. SY 1,298.20 0.00 0.00 0.00 $45.74 $ - $ - 0150 2301-4874006 MEDIAN, DOWELLED P.C. CONCRETE, AS PER PLAN SY 230.90 0.00 0.00 0.00 $36.00 $ $ 0160 2301-4874106 MEDIAN, DOWELLED P.C. CONCRETE, 6 INCH SY 145.20 70.90 70.90 0.00 $36.00 $ 2,552.40 $ - 0170 2301-4875006 MEDIAN, P.C. CONCRETE, 6 IN. SY 246.70 24.50 24.50 0.00 $36.00 $ 882.00 $ - 0180 2301-6911722 PORTLAND CEMENT CONCRETE PAVEMENT SAMPLES LS 1.00 0.00 0.00 0.00 $1,200.00 $ - $ 0190 2301-7000110 PAYMENT ADJUSTMENT INCENTIVE/DISINCENTIVE FOR PCC PAVEMENT THICKNESS (BY SCHEDULE) EACH 33,000.00 0.00 0.00 0.00 $1.00 $ $ 0200 2303-0000100 HOT MIX ASPHALT MIXTURE, COMMERCIAL MIX (INCLUDES ASPHALT BINDER), AS PER PLAN TON 70.20 0.00 0.00 0.00 $175.00 $ $ 0210 2303-0041750 HOT MIX ASPHALT MIXTURE (3,000,000 ESAL), BASE COURSE, 3/4 IN. MIX TON 2,109.50 1,956.05 1,565.80 390.25 $58.65 $ 114,722.33 $ 22,888.16 0220 2303-0042750 HOT MIX ASPHALT MIXTURE (3,000,000 ESAL), INTERMEDIATE COURSE, 3/4 IN. MIX TON 914.20 750.06 588.21 161.85 $59.25 $ 44,441.06 $ 9,589.61 0230 2303-0043500 HOT MIX ASPHALT MIXTURE (3,000,000 ESAL), SURFACE COURSE, 1/2 IN. MIX, NO SPECIAL FRICTION REQUIREMENT TON 609.70 480.11 480.11 0.00 $59.45 $ 28,542.54 $ 0240 2303-0245828 ASPHALT BINDER, PG 58-28 * TON 0.00 0.00 0.00 0.00 $532.80 $ - $ 0250 2303-6911000 HOT MIX ASPHALT PAVEMENT SAMPLES LS 1.00 0.00 0.00 0.00 $2,500.00 $ - $ - Appl. for Payment Page 1 of 10 Kimball Ave from Tower Park Dr to Acadia St STP -U-8155(731)--70-07 Item No. Item Code Description Units Est. Qty. Qty' Complete Complete Last Period Qty. Complete this Period Unit Price Value Complete Value Complete this Pay Period DIVISION 1 (PARTICIPATORY) 0260 2303-7000610 PAYMENT ADJUSTMENT INCENTIVE/DISINCENTIVE FOR HMA MIXTURE LABORATORY VOIDS (FORMULA - BY PAY FACTOR) EACH 1,100.00 0.00 0.00 0.00 $1.00 $ $ 0270 2303-7000620 PAYMENT ADJUSTMENT INCENTIVE/DISINCENTIVE FOR HMA MIXTURE FIELD VOIDS (FORMULA - BY PAY FACTOR) EACH 1,100.00 0.00 0.00 0.00 $1.00 $ - $ - 0280 2304-0101000 TEMPORARY PAVEMENT SY 279.90 14.00 14.00 0.00 $120.00 $ 1,680.00 $ - 0290 2312-8260051 GRANULAR SURFACING ON ROAD, CLASS A CRUSHED STONE TON 14.00 32.73 32.73 0.00 $29.00 $ 949.17 $ 0300 2314-0775010 CALCIUM CHLORIDE APPLIED TON 24.90 0.00 0.00 0.00 $511.00 $ - $ - 0310 2315-8275025 SURFACING, DRIVEWAY, CLASS A CRUSHED STONE TON 159.20 0.00 0.00 0.00 $28.00 $ $ 0320 2401-6745650 REMOVAL OF EXISTING STRUCTURES LS 1.00 0.00 0.00 0.00 $6,500.00 $ - $ - 0330 2401-6745910 REMOVAL OF SIGN EACH 4.00 0.00 0.00 0.00 $60.00 $ - $ - 0340 2414-6444100 STEEL PIPE PEDESTRIAN HAND RAILING LF 76.00 0.00 0.00 0.00 $99.50 $ - $ - 0350 2415-2110805 PRECAST CONCRETE BOX CULVERT, 8 FT. X 5 FT. LF 496.00 496.00 496.00 0.00 $635.00 $ 314,960.00 $ 0360 2416-0100015 APRON CONC 15 IN EACH 1.00 0.00 0.00 0.00 $1,000.00 $ - $ - 0370 2416-0101036 REMOVE AND REINSTALL CONCRETE PIPE APRONS LESS THAN OR EQUAL TO 36 IN. EACH 3.00 0.00 0.00 0.00 $450.00 $ $ 0380 2416-0101136 REMOVE AND REINSTALL CONCRETE PIPE APRONS GREATER THAN 36 IN. EACH 2.00 2.00 2.00 0.00 $1,100.00 $ 2,200.00 $ - 0390 2416-0102230 APRON, LOW CLEARANCE CONCRETE, EQUIVALENT DIAMETER 30 IN. EACH 1.00 1.00 1.00 0.00 $2,225.00 $ 2,225.00 $ 0400 2430-0000100 MODULAR BLOCK RETAINING WALL SF 2,773.00 0.00 0.00 0.00 $20.50 $ - $ - 0420 2435-0140148 MANHOLE, STORM SEWER, SW -401, 48 IN. EACH 2.00 0.00 0.00 0.00 $3,200.00 $ - $ - 0430 2435-0140160 MANHOLE, STORM SEWER, SW -401, 60 IN. EACH 1.00 0.00 0.00 0.00 $4,750.00 $ - $ - 0440 2435-0140172 MANHOLE, STORM SEWER, SW -401, 72 IN. EACH 2.00 2.00 0.00 2.00 $5,450.00 $ 10,900.00 $ 10,900.00 0450 2435-0140200 MANHOLE, STORM SEWER, SW -402 EACH 10.00 4.00 2.00 2.00 $4,550.00 $ 18,200.00 $ 9,100.00 0460 2435-0140300 MANHOLE, STORM SEWER, SW -403 EACH 1.00 1.00 1.00 0.00 $4,400.00 $ 4,400.00 $ - 0470 2435-0140410 MANHOLE, STORM SEWER, SW -404 MODIFIED EACH 1.00 1.00 1.00 0.00 $6,500.00 $ 6,500.00 $ - 0480 2435-0250100 INTAKE, SW -501 EACH 9.00 0.00 0.00 0.00 $2,950.00 $ - $ - 0490 2435-0250400 INTAKE, SW -504 EACH 1.00 0.00 0.00 0.00 $4,500.00 $ - $ - 0500 2435-0250700 INTAKE, SW -507 EACH 26.00 3.00 2.00 1.00 $3,360.00 $ 10,080.00 $ 3,360.00 0510 2435-0250800 INTAKE, SW -508 EACH 5.00 0.00 0.00 0.00 $3,440.00 $ - $ - 0520 2435-0250900 INTAKE, SW -509 EACH 17.00 2.00 0.00 2.00 $3,850.00 $ 7,700.00 $ 7,700.00 0530 2435-0250910 INTAKE, SW -509 MODIFIED EACH 2.00 0.00 0.00 0.00 $4,600.00 $ - $ - 0540 2435-0251000 INTAKE, SW -510 EACH 1.00 0.00 0.00 0.00 $4,700.00 $ - $ - 0550 2435-0251010 INTAKE, SW -510 MODIFIED EACH 3.00 0.00 0.00 0.00 $4,800.00 $ - $ - 0560 2435-0251224 INTAKE, SW -512, 24 IN. EACH 2.00 0.00 0.00 0.00 $2,400.00 $ - $ - 0570 2435-0600010 MANHOLE ADJUSTMENT, MINOR EACH 4.00 0.00 0.00 0.00 $600.00 $ - $ - 0580 2435-0600020 MANHOLE ADJUSTMENT, MAJOR EACH 1.00 0.00 0.00 0.00 $2,250.00 $ - $ - 0590 2435-0700010 CONNECTION TO EXISTING MANHOLE EACH 2.00 1.00 1.00 0.00 $1,200.00 $ 1,200.00 $ - 0600 2435-0700020 CONNECTION TO EXISTING INTAKE EACH 5.00 0.00 0.00 0.00 $1,200.00 $ - $ - 0610 2502-8212036 SUBDRAIN, LONGITUDINAL, (SHOULDER) 6 IN. DIA. LF 11,630.00 2,459.00 2,069.00 390.00 $11.00 $ 27,049.00 $ 4,290.00 0620 2502-8220193 SUBDRAIN OUTLET (RF -19C) EACH 148.00 15.00 11.00 4.00 $150.00 $ 2,250.00 $ 600.00 0630 2503-0114212 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 12 IN. LF 14.00 34.50 10.50 24.00 $88.00 $ 3,036.00 $ 2,112.00 0640 2503-0114215 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 15 IN. LF 1,462.00 322.00 258.00 64.00 $38.00 $ 12,236.00 $ 2,432.00 •Appl. for Payment Page 2 of 10 Kimball Ave from Tower Park Dr to Acadia St STP -U-8155(731)--70-07 Item No. Item Code Description Units Est. Qty. Qty. Complete Qty. Complete Last Period Qty. Complete this Period Unit Price Value Complete Value Complete this Pay Period DIVISION 1 (PARTICIPATORY) 0650 2503-0114218 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 18 IN. LF 1,685.00 953.00 919.00 34.00 $35.00 $ 33,355.00 $ 1,190.00 0660 2503-0114224 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 24 IN. LF 668.00 42.00 42.00 0.00 $62.50 $ 2,625.00 $ 0670 2503-0114230 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 30 IN. LF 180.00 168.00 168.00 0.00 $78.00 $ 13,104.00 $ 0680 2503-0114236 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 36 IN. LF 902.00 847.00 280.00 567.00 $104.00 $ 88,088.00 $ 58,968.00 0690 2503-0114242 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 42 IN. LF 124.00 124.00 124.00 0.00 $129.00 $ 15,996.00 $ 0700 2503-0114248 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 48 IN. LF 83.00 24.00 24.00 0.00 $145.00 $ 3,480.00 $ 0710 2503-0114254 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 54 IN. LF 78.00 0.00 0.00 0.00 $179.00 $ - $ 0720 2503-0114260 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 60 IN. LF 157.00 157.00 157.00 0.00 $211.00 $ 33,127.00 $ 0730 2503-0116237 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE ARCH PIPE (RCAP), 2000D (CLASS A -III), 37 IN. X 23 IN. LF 190.00 190.00 190.00 0.00 $87.00 $ 16,530.00 $ - 0740 2503-0116259 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE ARCH PIPE (RCAP), 2000D (CLASS A -III), 59 IN. X 36 IN. LF 57.00 59.00 59.00 0.00 $188.00 $ 11,092.00 i $ - 0750 2503-0200036 REMOVE STORM SEWER PIPE LESS THAN OR EQUAL TO 36 IN.LF 4,005.00 527.00 250.00 277.00 $11.00 $ 5,797.00 $ 3,047.00 0760 2503-0200136 REMOVE STORM SEWER PIPE GREATER THAN 36 IN. LF$17.00 565.00 458.00458.00 0.00 $, 7;786.00 $ 7,786.00 0770 2503-0200236 REMOVE AND REINSTALL STORM SEWER PIPE LESS THAN OR EQUAL TO 36 IN. LF 68.00 0.00 0.00 0.00 $65.00 $ - $ - 0780 2503-0200341 STORM SEWER ABANDONMENT, FILL AND PLUG, LESS THAN OR EQUAL TO 36 IN. DIA. LF 50.00 0.00 0.00 0.00 $65.00 $ $ - 0800 2504-0220000 SANITARY SEWER SERVICE RELOCATION EACH 4.00 4.00 4.00 0.00 $1,825.00 $ 7,300.00 $ 0820 2510-6745850 REMOVAL OF PAVEMENT SY 34,286.80 12,704.83 12,704.83 0.00 $7.70 $ 97,827.19 $ - 0830 2510-6750600 REMOVAL OF INTAKES AND UTILITY ACCESSES EACH 57.00 11.00 7.00 4.00 $275.00 $ 3,025.00 $ 1,100.00 0840 2511-6745900 REMOVAL OF SIDEWALK SY 991.60 161.78 161.78 0.00 $9.00 $ 1,456.02 $ 0850 2511-7526004 SIDEWALK, P.C. CONCRETE, 4 IN. SY 424.70 110.41 110.41 0.00 $29.50 $ 3,257.10 $ 0860 2511-7526005 SIDEWALK, P.C. CONCRETE, 5 IN. SY 851.70 0.00 0.00 0.00 $30.00 $ $ 0870 2511-7526006 SIDEWALK, P.C. CONCRETE, 6 IN. SY 255.50 0.00 0.00 0.00 $36.00 $ $ 0880 2511-7528101 DETECTABLE WARNINGS SF 490.00 0.00 0.00 0.00 $35.00 $ $ 0890 2512-1725206 CURB AND GUTTER, P.C. CONCRETE, 2.0 FT. LF 1,869.00 895.00 895.00 0.00 $16.00 $ 14,320.00 $ 0900 2512-1725256 CURB AND GUTTER, P.C. CONCRETE, 2.5 FT. LF 1,848.00 1,142.00 327.00 815.00 $18.00 $ 20,556.00 $ 14,670.00 0910 2515-2475005 DRIVEWAY, P.C. CONCRETE, 5 IN. SY 187.80 281.00 281.00 0.00 $32.50 $ 9,132.50 $ 0920 2515-2475006 DRIVEWAY, P.C. CONCRETE, 6 IN. SY 691.90 0.00 0.00 0.00 $38.00 $ - $ 0930 2515-2475007 DRIVEWAY, P.C. CONCRETE, 7 IN. SY 78.60 0.00 0.00 0.00 $40.00 $ - $ 0940 2515-6745600 REMOVAL OF PAVED DRIVEWAY SY 1,452.80 173.80 173.80 0.00 $9.00 $ 1,564.20 $ 0950 2516-8625000 COMBINED CONCRETE SIDEWALK AND RETAINING WALLCY 44.50 0.00 0.00 0.00 $495.00 $ $ Appl. for Payment Page 3 of 10 Kimball; Ave from Tower Park Dr to Acadia St STP -U-8155(731)--70-07 Item No. Item Code Description Units Est. Qty. Qty. Complete Qty. Complete Last Period Qty. Complete this Period Unit Price Value Complete Value Complete this Pay Period DIVISION 1 (PARTICIPATORY) 0960 2516-8725000 P.C. CONCRETE RETAINING WALL CY 63.00 0.00 0.00 0.00 $650.00 $ - $ - 0970 2518-6910000 SAFETY CLOSURE EACH 39.00 15.00 15.00 0.00 $225.00 $ 3,375.00 $ - 0980 2519-1001000 FENCE, CHAIN LINK, VINYL COATED LF 170.00 0.00 0.00 0.00 $40.00 $ - $ - 0990 2519-4200090 REMOVAL AND REINSTALLATION OF FENCE, WOOD LF 20.00 0.00 0.00 0.00 $50.00 $ $ - 1000 2519-4200190 REMOVAL OF FENCE, WOOD LF 7.00 0.00 0.00 0.00 $25.00 $ - $ - 1010 2524-6765010 REMOVE AND REINSTALL SIGN AS PER PLAN EACH 62.00 0.00 0.00 0.00 $150.00 $ - $ - 1020 2524-9276010 PERFORATED SQUARE STEEL TUBE POSTS LF 245.00 66.00 46.00 20.00 $10.00 $ 660.00 $ 200.00 1030 2524-9276021 PERFORATED SQUARE STEEL TUBE POST ANCHOR, BREAK -AWAY SOIL INSTALLATION EACH 13.00 3.00 3.00 0.00 $200.00 $ 600.00 $ 1040 2524-9276024 PERFORATED SQUARE STEEL TUBE POST ANCHOR, BREAK -AWAY CONCRETE INSTALLATION EACH 12.00 4.00 2.00 2.00 $350.00 $ 1,400.00 $ 700.00 1050 2524-9325001 TYPE A SIGNS, SHEET ALUMINUM SF 501.00 43.50 0.00 43.50 $15.50 $ 674.25 $ 674.25 1060 2525-0000100 TRAFFIC SIGNALIZATION LS 1.00 0.011897 0.011897 0.000000 $925,000.00 $ 11,005.00 $ - 1070 2525-0000120 REMOVAL OF TRAFFIC SIGNALIZATION LS 1.00 0.20 0.20 0.00 $12,500.00 $ 2,500.00 $ - 1080 2527-9263109 PAINTED PAVEMENT MARKING, WATERBORNE OR SOLVENT -BASED STA 459.97 122.86 122.86 0.00 $36.75 $ 4,515.11 $ 1090 2527-9263137 PAINTED SYMBOLS AND LEGENDS, WATERBORNE OR SOLVENT -BASED EACH 59.00 4.00 4.00 0.00 $110.00 $ 440.00 $ 1100 2527-9263180 PAVEMENT MARKINGS REMOVED STA 74.18 21.95 21.95 0.00 $70.00 $ 1,536.50 $ - 1110 2527-9263190 SYMBOLS AND LEGENDS REMOVED EACH 6.00 0.00 0.00 0.00 $90.00 $ - $ - 1120 2528-8400048 TEMPORARY BARRIER RAIL, CONCRETE LF 5,320.00 3,101.00 3,101.00 0.00 $7.25 $ 22,482.25 $ - 1130 2528-8400256 TEMPORARY TRAFFIC SIGNALS EACH 5.00 2.00 2.00 0.00 $7,000.00 $ 14,000.00 $ - 1140 2528-8445110 TRAFFIC CONTROL LS 1.00 0.32 0.29 0.03 $61,300.00 $ 19,616.00 $ 1,839.00 1150 2528-8445113 FLAGGERS EACH 100.00 0.00 0.00 0.00 $335.00 $ - $ - 1160 2529-5070110 PATCH FULL -DEPTH FINISH BY AREA SY 47.20 0.00 0.00 0.00 $250.00 $ - $ - 1170 2629-5070120 PATCH FULL -DEPTH FINISH BY COUNT EACH 4.00 0.00 0.00 0.00 $350.00 $ - $ - 1180 AIE29-8174010 SUBBASE (PATCH) SY 47.20 0.00 0.00 0.00 $26.00 $ - $ - 1190 2533-4980005 MOBILIZATION LS 1.00 1.00 0.50 0.50 $309,550.00 $ 309,550.00 $ 154,775.00 1200 2551-0000110 TEMP CRASH CUSHION EACH 8.00 4.00 4.00 0.00 $825.00 $ 3,300.00 $ - 1210 2554-0204000 WATER SERVICE STUB, COPPER LINE REPLACEMENT EACH 4.00 4.00 4.00 0.00 $2,000.00 $ 8,000.00 $ 1220 2599-9999005 INTAKE PROTECTION EACH 66.00 20.00 20.00 0.00 $100.00 $ 2,000.00 $ - 1230 2599-9999005 MAINTENANCE OF INTAKE PROTECTION EACH 132.00 0.00 0.00 0.00 $5.00 $ - $ - 1240 2599-9999005 PRECAST CONCRETE BOX CULVERT PLUG, 8 FT. X 5 FT. EACH 1.00 0.00 0.00 0.00 $3,300.00 $ $ 1250 2599-9999005 REMOVAL OF INTAKE PROTECTION EACH 66.00 12.00 12.00 0.00 $25.00 $ 300.00 $ - 1260 2599-9999005 SCHOOL SPEED LIMIT ASSEMBLY WITH FLASHING BEACONS EACH 1.00 0.00 0.00 0.00 $25,000.00 $ $ 1270 2599-9999005 SUBDRAIN CLEANOUT EACH 19.00 0.00 0.00 0.00 $1,400.00 $ - $ - 1280 2599-9999009 PRECAST CONCRETE BOX CULVERT, 7 FT. X 3 FT. LF 107.00 107.00 107.00 0.00 $510.00 $ 54,570.00 $ - 1290 2599-9999010 RECTANGULAR RAPID FLASHING BEACON INSTALLATION LS 1.00 0.00 0.00 0.00 $8,750.00 $ $ 1300 2599-9999018 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS C, CLASS 3 DURABILITY, 8 IN., STAMPED SY 244.00 244.00 244.00 0.00 $75.00 $ 18,300.00 $ - 1310 2599-9999018 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS M, CLASS 3 DURABILITY, 8 IN., STAMPED SY 114.60 0.00 0.00 0.00 $105.00 $ - $ - 1320 2601-2634105 MULCHING, BONDED FIBER MATRIX ACRE 3.70 0.00 0.00 0.00 $2,500.00 $ - $ - 1330 2601-2636044 SEEDING AND FERTILIZING (URBAN) ACRE 3.70 0.90 0.90 0.00 $1,200.00 $ 1,080.00 $ - 1340 2601-2638352 SLOPE PROTECTION, WOOD EXCELSIOR MAT SQ 266.70 0.00 0.00 0.00 $6.00 $ - $ - Appl. for Payment Page 4 of 10 Kimball Ave from Tower Park Dr to Acadia St STP -U-8155(731)--70-07 Item No. Item Code Description Units Est. Qty. Qty. Complete Qty. Complete Last Period Qty. Complete this Period Unit Price Value Complete Value Complete this Pay Period DIVISION 1 (PARTICIPATORY) 1350 2602-0000020 SILT FENCE LF 3,220.00 2,891.00 2,531.00 360.00 $1.75 $ 5,059.25 $ 630.00 1360 2602-0000030 SILT FENCE FOR DITCH CHECKS LF 65.00 0.00 0.00 0.00 $4.50 $ - $ - 1370 2602-0000071 REMOVAL OF SILT FENCE OR SILT FENCE FOR DITCH CHECKS LF 3,285.00 0.00 0.00 0.00 $0.25 $ $ 1380 2602-0000101 MAINTENANCE OF SILT FENCE OR SILT FENCE FOR DITCH CHECK LF 3,285.00 0.00 0.00 0.00 $0.25 $ $ 1390 2602-0010010 MOBILIZATIONS, EROSION CONTROL EACH 6.00 2.00 2.00 0.00 $500.00 $ 1,000.00 $ - 1400 2602-0010020 MOBILIZATIONS, EMERGENCY EROSION CONTROL EACH 3.00 0.00 0.00 0.00 $1,000.00 $' $ 8001 2303-0246422 ASPHALT BINDER, PG 64-22 TON 215.70 144.34 144.34 0.00 $532.80 $ 76,904.35 $ - 8002 2599-9999010 MOBILIZATION, HMA PAVEMENT REPAIR LS 1.00 1.00 1.00 0.00 $550.00 $ 550.00 $ - 8999 --- STOCKPILED MATERIALS LS 23 000.00 20,601.47 21,201.47 -600.00 $1.00 $ 20,601.47 $ 600.00 DIVISION 1 PROJECT TOTALS $, 1,809,254.69 $ 340,108.77 Appl. for Payment Kimball Ave from Tower Park Dr to Acadia St Page 5 of 10 STP -U-8155(731)--70-07 Item No. Item Code Description Units Est. Qty. Qty' Complete Complete Last Period Qty. Complete this Period Unit Price Value Complete Value Complete this Pay Period DIVISION 2 (NON -PARTICIPATORY) 0410 2435-0130148 MANHOLE, SANITARY SEWER, SW -301, 48 IN. EACH 4.00 0.00 0.00 0.00 $3,300.00 $ - $ - 0590 2435-0700010 CONNECTION TO EXISTING MANHOLE EACH 3.00 0.00 0.00 0.00 $1,200.00 $ - $ - 0790 2504-0110008 SANITARY SEWER GRAVITY MAIN, TRENCHED, 8 IN. LF 797.00 0.00 0.00 0.00 $61.00 $ $ 0810 2504-0240036 REMOVE SANITARY SEWER PIPE LESS THAN OR EQUAL TO 36 IN. LF 800.00 0.00 0.00 0.00 $14.50 $ $ 0830 2510-6750600 REMOVAL OF INTAKES AND UTILITY ACCESSES EACH 5.00 0.00 0.00 0.00 $275.00 $ - $ - 1020 2524-9276010 PERFORATED SQUARE STEEL TUBE POSTS LF 80.00 0.00 0.00 0.00 $10.00 $ - $ - 1030 2524-9276021 PERFORATED SQUARE STEEL TUBE POST ANCHOR, BREAK -AWAY SOIL INSTALLATION EACH 8.00 0.00 0.00 0.00 $200.00 $ $ 1050 2524-9325001 TYPE A SIGNS, SHEET ALUMINUM SF 50.00 0.00 0.00 0.00 $15.50 $ - $ - DIVISION 2 PROJECT TOTALS $ - $ - Appl. for Payment Kimball Ave from Tower Park Dr to Acadia St Page 6 of 10 STP -U-8155(731)--70-07 Change Orders DESCRIPTION - '' DATE PERCENT COMPLETE TOTAL VALUE VALUE COMPLETE. Change Order 1 - Asphalt Binder Change 6/29/2014 100.0% $0.00 $0.00 Change Order 2 - HMA Pavement Repair Mobilization & Stockpiled Materials 9/17/2014 100.0% $23,550.00 $23,550.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 TOTAL CHANGE ORDERS: $23,550.00 $23,550.00 Kimbal Appl. for Payment Page 7 of 10 Ave from Tower Park Dr to Acadia St STP -U-8155(731)--70-07 Appl. for Payment TOTAL WORK COMPLETED TOTAL CONTRACT AMOUNT PERCENT COMPLETE GROSS AMOUNT DUE LESS RETAINAGE OF SUBTOTAL DUE LESS PREVIOUS PAYMENTS 3.00% of GROSS AMOUNT DUE or $30,000.00 (WHICHEVER IS LESS) PAYMENT NUMBER / TIME PERIOD DATE AMOUNT Pay Estimate One (1) / 5/19/2014 - 6/6/2014 6/6/2014 $77,034.41 Pay Estimate Two (2) / 6/6/2014 - 6/27/2014 7/2/2014 $170,378.75 Pay Estimate Three (3) / 6/27/2014 - 7/11/2014 7/17/2014 $308,307.66 Pay Estimate Four (4) / 7/12/2014 - 7/25/2014 7/29/2014 $142,198.24 Pay Estimate Five (5) / 7/26/2014 - 8/8/2014 8/12/2014 $332,050.29 Pay Estimate Six (6) / 8/9/2014 - 8/22/2014 8/28/2014 $134,821.46 Pay Estimate Seven (7) / 8/23/2014 - 9/5/2014 9/11/2014 $48,210.65 Pay Estimate Eight (8) / 9/6/2014 - 9/19/2014 9/25/2014 $47,254.97 Pay Estimate Nine (9) / 9/20/2014 - 10/3/2014 10/9/2014 $121,834.55 Pay Estimate Ten (10) / 10/4/2014 - 10/17/2014 10/23/2014 $57,054.93 Tf]TAI PPI VIII IQ DAVlA kIr NET DUE THIS ESTIMATE Total $ 1,809,254.69 $ 5,937,856.72 30.47% $ 1,809,254.69 $30,000.00 $ 1,779,254.69 $ 1,439,145.91 Page 8 of 10 STP -U-8155(731)--70-07 $ 340,108.78 Kimball Ave from Tower Park Dr to Acadia St COST BREAKDOWN FOR CITY OF WATERLOO FUND ALLOCATION Storm Sewer Fund (large sewer pipe) work completed $ 428,857.00 Retainage 3% or share of $30,000.00 $ 7,111.06 Subtotal due $ 421,745.94 Less previous payments $ 420,099.73 Fund allocation this pay application $ 1,646.21 PARTICIPATORY (80-20) work completed $ 1,380,397.69 Retainage 3% or share of $30,000.00 $ 22,888.94 Subtotal due $ 1,357,508.75 Less previous payments $ 1,019,046.18 Fund allocation this pay application $ 338,462.57 NON -PARTICIPATORY (Sanitary Sewer Fund) work completed $ - Retainage 3% or share of $30,000.00 $0.00 Subtotal due $0.00 Less previous payments $0.00 Fund allocation this pay application °m Total Due this Pay Application ($$ 340,108.78 Appl. for Payment 7 k RC1 -')0'274 , C9 i -J10(` Kimball ve from Tower Park Dr to Acadia St Page 9 of 10 STP -U-8155(731)--70-07 THE UNDERSIGNED CONTRACTOR HEREBY SWEARS UNDER PENALTY OF PERJURY THAT (1) ALL PREVIOUS PAYMENTS RECEIVED FROM THE OWNER ON ACCOUNT OF WORK PERFORMED UNDER THE CONTRACT REFERRED TO ABOVE HAVE BEEN APPLIED BY THE UNDERSIGNED TO DISCHARGE IN FULL ALL OBLIGATIONS OF SAID CONTRACT, AND (2) ALL MATERIALS AND EQUIPMENT INCORPORATED INTO THE WORK ARE FREE AND CLEAR OF ALL LIENS, CLAIMS, SECURITY, INTERESTS, AND ENCUMBRANCES. CONTRA OR: VALLEY CORP., LLC BY: / r DATE: /f/ /ji TITLE: COUNTY OF: BLACK HAWK STATE OF: IOWA BEFORE ME THIS DAY OF , 2014 PERSONALLY APPEARED , KNOWN TO ME WHO BEING DULY SWORN, DID DEPOSE AND SAY THAT HE IS THE AUTHORIZED COMPANY OFFICIAL OF THE ABOVE-MENTIONED CONTRACTOR; THAT HE EXECUTED THE STATEMENTS ON BEHALF OF SAID CONTRACTOR; AND THAT ALL THE STATEMENTS CONTAINED THEREIN ARE TRUE, CORRECT, AND COMPLETE. MY COMMISSION EXPIRES NOTARY PUBLIC: THIS REQUEST FOR PAYMENT, AS PREPARED BY THE CONTRACTOR, SUBSTANTIALLY COMPLIES WITH THE PAYMENT PROVISIONS OF THE CONTRACT DOCUMENTS, AND IS THEREFORE RECOMMENDED FOR APPROVAL. AMENT DESIGN WATERLOO, IA BY: DATE: THE CITY OF WATERLOO, IOWA HAS CONSIDERED AND HEREBY APPROVES THIS APPLICATION FOR PAYMENT. )42C— BY: Appi. for Payment DATE: Kimball Ave from Tower Park Dr to Acadia St Page 10 of 10 STP -U-8155(731)--70-07 Vouchers Prepared by Pauline C CITY OF WATERLOO 9002 PAY 'MENT VOUCHER A111014 November 6, 2014 Batch No. Vendor No. 723 Keyed By Vendor Cashier Office Address Iowa Department of Transportation City & State Attn: Kevin Galloway, Finance 800 Lincoln Way Ames, la 50010 Invoice Date 10/7/14 Special Instru Cions: ************************************* Invoice # 21741 Est # 2 Submit(Wd By Qty/Unit Department: Engineering Grant/Project Code# Amount Description G/L Distribution City of Waterloo 's portion of costs 284,567.27 for NHSX-63-6(88)--3H.07 205-07-7500-2165 273,012.42 Sanitary Sewer 520-14-5200-2165 193,755.49 Trsffic Signals/lights & Enhancement 411-07-7820-2165 Hwy 63 Newell to Donald Total $751,335.18 11/06/14 Date Approved By: Date An Equal Opportunity/Affirmative Action Employer ORM 161041 E_og 10 Iowa Department of Transportation • '111111INVOICE PAYABLE UPON RECEIPT PAGE: 1 10/07/14 INVOICE NUMBER:21741 MAKE CHECK PAYABLE TO: IOWA DEPARTMENT OF TRANSPORTATION CUST:01242 WATERLOO, CITY OF STOCK ISSUE: WATERLOO, CITY OF CITY CLERK & FINANCE OFFICE 715 MULBERRY ST. WATERLOO IA 50703-5783 PARTIAL INVOICE AS OF 6/30/14 NHSX-063-6(88)--3H-07 QUANTITY LINE DESCRIPTION STOCK NUMBER ** T O T A L DUE ** AMOUNT DU 75 I HEREBY CERTIFY THAT THE ABOVE ITEM(S) AS LISTED ARE TRUE,CORRECT & WHOLLY UNPAID? lyJ&C"— 3�` rPPCI —r. • orf `\ (L4 hGe b,11) DETACH DETACH AND RETURN WITH PAYMENT TO: CASHIER OFFICE IOWA DEPARTMENT OF TRANSPORTATION 800 LINCOLN WAY AMES, IA 50010 WATERLOO, CITY OF INVOICE NO: 21741 AMOUNT ENCLOSED: PLEASE WRITE YOUR INVOICE NUMBER ON YOUR CHECK Reimbursements Due DOT N HSX-063-6(88)--3H-07 Construction Costs Through Pay Estimate No. 32 (End of FY14) bivision 2 (Traffic Signals and Street Lights) = Minus Retainage = Subtotal= Reimbursement Due (20%) = Division 4 (Enhancements) = Minus Retainage = Subtotal= Reimbursement Due (20%) = 741,572.30 ( Page 8 of 14 - Construction Pay Estimate 32) 712.34 0 740,859.96 148,171.99 228,205.71 (Page 11 of 14 - Construction Pay Estimate 32) 288.23 227,917.48t,-- ' 45,583.50L✓ Voucher Prepared by Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A111714 November 10, 2014 Vendor Name Ricklefs Excavating, LTD Address 12536 Buffalo Road City & State Anamosa, IA 52205 Invoice Date ************************************* Vendor 7922 Department Engineering Grant/Project Code # 07LTF 5007 Invoice No. Qty/Unit Amount Description G.L. Distribution 2014 Stormwater Lift Station(Hollywood 10/11/14 Est # 4 $278,438.18 Cedar Bend & Fletcher) Contract 816 10/1 - 10/31/14 Special Instr Submitted By TOTAL 278,438.18 11/10/14 290-07-5300-2171 Date Approved By Date An Equal Opportunity/Affirmative Action Employer SNYDER IOWA November 4, 2014 SSOURI —Jamie-1(cnutm ENGINEERS We) e 51) CaDaz 324461 ;410 ;6 PLANNERS ____ ASSOCIATES INC. NEBRASKA 1 SOUTH DAKOTA 1 WISCONSIN Associate Engineer City of Waterloo 715 Mulberry Street Waterloo, IA 50703-5783. RE: F.Y. 2014 STORM WATER LIFT STATIONS(HOLLYWOOD, CEDAR BEND, FLETCHER) CONTRACT NO. 836 WATERLOO, IOWA PAY APPLICATION NO. 4 Dear Mr. Knutson: This is the fourth in a series of construction reports for the above referenced project. This report covers construction activities from October 1, 2014 through October 31, 2014. During this period, construction activities have included administrative items, installation of the sheeting and shoring at Hollywood, installation of the dewatering wells at Hollywood, and the electrical conduit and transformer pad at Cedar Bend. We recommend payment of $278,438.18 to the Contractor, Rieklefs Excavating, Ltd., for work completed through October 31, 2014. Approximately 8.8% of the total contract work has been completed and 21% of the calendar day contract period for substantial completion has elapsed through this pay application. Please contact me should you have any questions on this pay application. Sincerely, SNYDER & ASSOCIATES, INC. Adam Bullennan, P.E. Project Manager ARB Enclosure Andy Wolf, Ricklefs Excavating, Ltd. (email) 2727 SW Snyder Boulevard P.O, Box 1159 I Ankeny, IA 50023-0974 p: 515.964,2020 I f. 515,964,7938 j www.snyder-associates.com 312G10 Piojtzts1110.09511Construction114 PayEstimatcs\ii4nvest4 lett-TA= APPLICATION F©R PARTIAL PAYMENT NO.4 PROJECT: F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, Fletcher) Contract No. 836 OWNER: City of Waterloo, Iowa CONTRACTOR: Ricklefs Excavating, Ltd. ADDRESS: 12536 Buffalo Road Anamosa, IA 52205 DATE: November 4, 2014 1. CONTRACT SUMMARY: Original Contract Amount: Net Change by Change Order: Contract Amount to Date: 2. WORK SUMMARY: Total Work Performed to Date: Retainage: 5% Total Earned Less Retainage: Stored Materials : Total Including Stored Materials: $ 6,583,880.00 PAYMENT PERIOD: 10/1/14 to 10/31/14 CONTRACT PERIOD: CALENDAR DATE Original Contract Date: June 23, 2014 $ 6,583,880.00 Original Substantial Completion Date: December 31, 2015 Original Final $ 578,931.02 Completion Date: March 31, 2016 $ 28,946.55 Added by Change Order: 0 Days $ 549,984.47 Notice to Proceed Date: July 9, 2014 $ 549,984.47 Less Previous Applications for Payment: $ 271,546.29 AMOUNT DUE THIS APPLICATION: $ 278,438.18 3. CONTRACTOR'S CERTIFICATION: The undersigned CONTRACTOR certifies that: (1) all previous progress payments received from OWNER on account of Work done under the Contract referred to above have been applied to discharge in full all obligations of CONTRACTOR incurred in connection with the Work covered by prior Applications for Partial Payments. (2) title to all materials and equipment incorporated in said Work or otherwise listed in or covered by this application for Payment are free and clear of all liens, claim: security interests and encumbrances. Ricklefs Excavating, Ltd. CONTRACTOR By 4i7. W 1 4. ENGINEER'S APPROVAL: Payment of the above AMOUNT DUE THIS APPLICATION is recommended: By Snyder & Associates, Inc. ENGINEER 5. OWNER'S APPROVAL DATE: 11-4-14 DATE: 11-4-14 DATE: Stormwater Lift Stations (Hollywood, Cedar Bend, Fletcher), Contract No. 83 ojectsU 10.0951\Construction\14 PayEstima tes\ payrequest4.xlsx Page 1 of 4 6. DETAILED ESTIMATE OF WORK COMPLETED: ITEM CONTRACT ITEMS COMPLETED WORK NO. DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST QUANTITY CO # COST 1.01 1:02 SITE 1- HOLLYWOOD Mobilization 1.00 1.00 LS is ; $ 560,000.00 $ 560,000.00 0.39 ---- .00- $ 218,400.00 $- Traffic poi dr LA ; $ 10-000.-00-=-$ 10,000.00 - 1.03 Turf Reinforcement Mat (TRM), Type 2 312.00 SF $ 1.00 ' $ 312.00 0.00 $ - 1.04 Allowance for Electrical Utility Fees 1.00 LS $ 40,000.00 f, $ 40,000.00 0.573405 $ 22,936.20 1.05 Flood Contingency Plan Occurrence 3.00 EA $ 100.00 ; $ 300.00 0.00 $ - 1.06 Erosion Control 1,496.00 LF $ 3.00 '`; $ 4,488.00 1,340.00 $ 4,020.00 1.07 Seeding, Fertilizing and Mulching 3.00 AC ' $ 2,500.00 I $ 7,500.00 0.00 $ - 1.08 Demolition and Removal of Existing Lift Station 1.00 LS ` $ 10,000.00' $ 10,000.00 0.00 $ - 1.09 Dewatering 1.00 LS i $ 70,000.00 ' $ 70,000.00 0.60 $ 42,000.00 1.10 Excavation Support and Protection 1.00 15 $ 100,000.00 ' $ 100,000.00 0.75 $ 75,000.00 1.11 Clearing and Grubbing 1.00 LS { $ 20,000.00 -': $ 20,000.00 0.90 $ 18,000.00 1.12 Topsoil Strip, Stockpile, Respread and Import 2,500.00 CY $ 7.00; $ 17,500.00 176.00 $ 1,232.00 1.13 Site Earthwork . 1.00 LS $ 40,000.00 I $ 40,000.00 0.00 $ - 1.14 Import Select Cohesive Levee Borrow, In -Place 1,600.00 CY : $ 20.00 ` $ 32,000.00 0.00 $ - 1.15 Transformer Pad 1.00 EA ' $ 2,500.00 $ 2,500.00 1.00 $ 2,500.00 1.16 6' High Chain Link Fence 352.00 LF $ 30.00 $ 10,560.00 0.00 $ - 1.17 Bollards 2.00 EA i $ 1,000.00 $ 2,000.00 0.00 $ - 1.18 Grass Pavers 1,139.00 SF $ 7.00 I $ 7,97100 0.00 S - 1.19 Pavement, PCC, 7" 318.00 SY $ 45.00 I: $ 14,310.00 0.00 $ - 1.20 Sidewalk, PCC 4" 211.00 SF ' $ 4.00 ; $ 844.00 0.00 $ - 1.21 Sewer, Class III RCP, Storm, 15" 138.00 LF $ 50.00 $ 6,900.00 0.00 $ - 1.22 Sewer, Class III RCP, Storm, 48" 60.00 LF ',i $ 180.00 ; $ 10,800.00 0.00 $ - 1.23 Discharge Piping, Schedule 40 Steel, 8" 131.00 LF ` $ 80.00 ' $ 10,480.00 0.00 $ - 1.24 Discharge Piping, Schedule 40 Steel, 24" 384.00 IF $ 300.00 `: $ 115,200.00 0.00 $ - 1.25 15" FES with Footing and Apron Guard 2.00 EA I $ 1,500.00 ` $ 3,000.00 0.00 $ - 1.26 Manhole, Type SW -401, 48" Minimum 1.00 EA i $ 3,000.00: $ 3,000.00 0.00 $ - 1.27 Manhole, Type SW -404, 84" x 84" Minimum 1.00 EA ; $ 17,000.00 ' $ 17,000.00 0.00 $ - 1.28 Headwall Structure 1.00 LS '; $ 30,000.00 ', $ 30,000.00 0.00 $ - 1.29 Intake Structure 1.00 LS $ 68,000.00 $ 68,000.00 0.00 $ - 1.30 Electric & Control Building 1.00 LS '' $ 170,000.00 ; $ 170,000.00 0.04 $ 6,800.00 1.31 Pump Station 1.00 LS " $ 310,000.00 ;; $ 310,000.00 0.00 $ - 1.32 Pump Package 1.00 LS $ 250,000.00 ; $ 250,000.00 0.00 $ - 1.33 Remove and Reinstall 18" FES 1.00 EA ; $ 1,000.00 ; $ 1,000.00 0.00 $ - 1.34 Rip Rap, Class D, Soil Filled 80.00 TON € $ 40.00 : $ 3,200.00 0.00 $ - TOTAL SITE 1 $ 1,948,867.00 $ 390,888.20 SITE 2 - CEDAR BEND 2.01 Mobilization 1.00 LS $ 560,000.00 $ 560,000.00 0.16 5 89,600.00 2.02 Traffic Control 1.00 LS $ 10,000.00 ; $ 10,000.00 0.00 $ - 2.03 Project Sign - Small Standard 1.00 EA $ 1,000.00 ,! $ 1,000.00 1.00 $ 1,000.00 2.04 Allowance for Electrical Utility Fees 1.00 LS $ 40,000.00 `. $ 40,000.00 0.4248205 $ 16,992.82 2.05 Flood Contingency Plan Occurrence 3.00 EA I $ 100.00 $ 300.00 0.00 $ - 2.06 Erosion Control 900.00 IF ' $ 3.00 $ 2,700.00 0.00 $ - 2.07 Seeding, Fertilizing and Mulching 3.00 AC $ 2,500.00 $ 7,500.00 0.00 $ - 2.08 Pavement Removal, Composite 1,140.00 SY ' $ 11.00: $ 12,540.00 0.00 $ - 2.09 Pavement Removal, HMA 110.00 SY $ 5.00 ` $ 550.00 0.00 $ - 2.10 Pavement Removal, PCC 65.00 SY :i $ 10.00 $ 650.00 0.00 $ - 2.11 Dewatering 1.00 LS $ 75,000.00 $ 75,000.00 0.00 $ - 2.12 Excavation Support and Protection 1.00 IS $ 100,000.00 € $ 100,000.00 0.00 $ - 2.13 Topsoil Strip, Stockpile, Respread and Import 2,560.00 CY $ 8.00 ' $ 20,480.00 0.00 $ - 2.14 Site Earthwork 1.00 L5 "$ 30,000.00 ''; $ 30,000.00 0.00 $ - 2.15 Import Select Cohesive Levee Borrow, In -Place 600.00 CY E $ 21.00 ?; $ 12,600.00 0.00 $ - 2.16 Transformer Pad 1.00 EA i $ 2,500.00 • $ 2,500.00 0.90 $ 2,250.00 2.17 6' High Chain Link Fence 405.00 LF , $ 30.00 € $ 12,150.00 0.00 $ - F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, Fletcher), Contract No. 836 J:\2010_Projects\110.0951\Construction\14 PayEstimates\ payrequest4.xlsx Page 2 of 4 CONTRACT ITEMS ITEM COMPLETED WORK NO. DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST QUANTITY CO # COST 2.18 Bollards 2.19 Temporary 6" HMA Paving Installation & Removal 2.20 Pavement, PCC, 8" with 4.5" HMA Overlay 2.21 Pavement, HMA, 8" 2.22 Pavement,-PCC,_7" 2.23 Pavement, PCC, 6" 2.24 6" x 6" Concrete Curb 2.25 Sidewalk, PCC, 4" 2.26 Sewer, Class III RCP, Storm 72" 2.27 Sewer, C900 PVC, Storm, 16" 2.28 Discharge Piping, Schedule 40 Steel, 8" 2.29 Discharge Piping, Schedule 40 Steel, 24" 2.30 Manhole, Type SW -404, ST -B1 2.31 Manhole, Tee -Section, ST -B3 2.32 Valve, Eccentric Plug, 16" 2.33 Screening Manhole 2.34 Headwall Structure 2.35 Electric & Control Building 2.36 Pump Station 2.37 Pump Package 2.38 Turf Reinforcement Mat (TRM), Type 2 2.39 Clearing and Grubbing 2.40 Manhole, Type SW -404, ST -B2 2.41 Sewer, Class Ill RCP, Storm 60" 2.42 Rip Rap, Class D, Soil Filled TOTAL SITE 2 SITE 3 FLETCHER 3.01 Mobilization 3.02 Traffic Control 3.03 Turf Reinforcement Mat (TRM), Type 2 3.04 Allowance for Electrical Utility Fees 3.05 Flood Contingency Plan Occurrence 3.06 Erosion Control 3.07 Seeding, Fertilizing and Mulching 3.08 Demolition and Removal 3.09 Pavement Removal, Composite 3.10 Dewatering 3.11 Excavation Support and Protection 3.12 Clearing and Grubbing 3.13 Topsoil Strip, Stockpile, Respread and Import 3.14 Site Earthwork 3.15 Import Select Cohesive Levee Borrow, In -Place 3.16 Transformer Pad 3.17 6' High Chain Link Fence 3.18 Bollards 3.19 Pavement, PCC, 8" with 3" HMA Overlay 3.20 Pavement, PCC, 7" 3.21 Sidewalk, PCC, 4" 3.22 Sewer, Class Ill RCP, Storm, 24" 3.23 Sewer, C900 PVC, Storm, 18" 3.24 Sewer, DIP, Storm, 36" 3.25 Sewer, DIP, Storm, 48" 3.26 Discharge Piping, Schedule 40 Steel, 8" 3.27 Discharge Piping, Schedule 40 Steel, 24" 3.28 Intake, Type SW -513, 48" x 48" 3.29 Intake, Type SW -504 2.00 EA s $ 1,500.00 I' $ 3,000.00 140.00 SY $ 60.00 $ 8,400.00 1,158.00 SY $ 94.00 i $ 108,852.00 110.00 SY rE $ 75.00 $ 8,250.00 25000 SY $ _45.00 '$ . ___11,250.00 65.00 SY $ 44.00 $ 2,860.00 12.00 LF $ 430.00 SF 's $ 232.00 LF 91 $ 365.00 LF $ 205.00 LF $ 820.00 LF $ 1.00 EA ' $ 1.00 EA ' $ 1.00 EA € $ 1.00 LS 5 1.00 LS 1 $ 1.00 LS €$ 1.00 L5 $ 1.00 LS $ 3,275.00 SF $ 1.00 LS $ 1.00 EA $ 149.00 LF $ 160.00 TON ` $ 30.00 'f $ 4.00 $ 385.00 ',' $ 36.00 ,, $ 64.00 ;, $ 300.00 $ 50,000.00 `, $ 5,000.00 °' $ 3,200.00: $ 85,000.00 $ 35,000.00 fi $ 180,000.00 $ 420,000.00 $ 600,000.00 $ 1.00 $ 5,000.00 $ 23,000.00 '_ $ 250.00 $ 40.00 $ 360.00 1,720.00 89,320.00 13,140.00 13,120.00 246,000.00 50,000.00 5,000.00 3,200.00 85,000.00 35,000.00 180,000.00 420,000.00 600,000.00 3,275.00 5,000.00 23,000.00 37,250.00 6,400.00 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ - 0.00 $ - 0.00 $ - 0.00 $ 0.00 $ - 0.00 $ 0.00 $ - 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.03 $ 5,400.00 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ - 2,847,367.00 $ 115,242.82 1.00 LS ' $ 560,000.00 $ 1.00 LS `. $ 10,000.00 $ 2,705.00 SF $ 1.00 r` $ 1.00 LS $ 30,000.00 f, $ 3.00 EA $ 100.00 $ 1,350.00 LF $ 3.00 `< $ 2.50 AC $ 2,500.00 $ 1.00 LS $ 10,000.00 ` $ 284.00 SY ` $ 10.00 $ 1.00 LS $ 70,000.00 $ 1.00 L5 $ 100,000.00 $ 1.00 LS 5 10,000.00 ` $ 2,240.00 CY f $ 7.00 ? $ 1.00 LS $ 40,000.00 $ 1,415.00 CY i' $ 20.00 j' $ 1.00 EA $ 2,500.00 $ 470.00 LF $ 23.00 $ 2.00 EA $ 1,500.00 $ 371.00 SY $ 73.00 ' $ 276.00 SY - $ 50.00 ; $ 200.00 SF : $ 4.00 `: $ 80.00 LF t $ 65.00 $ 290.00 LF ' $ 44.00 $ 13.00 LF ': $ 166.00 ` $ 46.00 IF $ 200.00 $ 345.00 IF ! $ 70.00. $ 245.00 LF $ 300.00 } $ 1.00 EA ' $ 6,000.00 $ 1.00 EA $ 4,000.00 $ F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, Fletcher), Contract No. 836 ):\2010_Projects\110.0951\Construction \14 PayEstimates\ 560,000.00 0.13 $ 72,800.00 10,000.00 0.00 2,705.00 0.00 30,000.00 0.00 300.00 0.00 4,050.00 0.00 6,250.00 0.00 10,000.00 0.00 2,840.00 0.00 70,000.00 0.00 100,000.00 0.00 10,000.00 0.00 15,680.00 0.00 40,000.00 0.00 28,300.00 0.00 2,500.00 0.00 10,810.00 0.00 3,000.00 0.00 27,083.00 0.00 13,800.00 0.00 800.00 0.00 5,200.00 0.00 12,760.00 0.00 2,158.00 0.00 9,200.00 0.00 24,150.00 0.00 73,500.00 0.00 6,000.00 0.00 4,000.00 0.00 payrequest4.xisx Page 3 of 4 ITEM CONTRACT ITEMS COMPLETED WORK NO. DESCRIPTION QUANTITY UNIT UNIT COST TOTAL COST QUANTITY CO # COST 3.30 Manhole, Type SW -401, 48" Minimum 2.00 EA `i $ 3,000.00 $ 6,000.00 0.00 $ - 3.31 - Manhole, Type SW -403, 84" x 84" 1.00 EA `; $ 8,000.00 Vr'u $ 8,000.00 0.00 $ - 3.32 Manhole, Type SW -403, 72" x 72" 1.00 EA $ 30,000.00 ' $ 30,000.00 0.00 $ 3.33 Valve, Eccentric Plug, 18" 2.00 EA ` $ 3,700.00 ;` $ 7,400.00 0.00 $ - 3.34--Electric&-Control-Building- 100-L5 $ 150,000 4 150,D00 DO- 0.00 - _i 3.35 Pump Station A 1.00 LS 1 $ 250,000.00 $ 250,000.00 0.00 $ - 3.36 Pump Station B 1.00 LS 1 $ 30,000.00 $ 30,000.00 0.00 $ - 3.37 Pump Package A 1.00 LS i $ 140,000.00: $ 140,000.00 0.00 $ - 3.38 Pump Package B 1.00 LS < $ 60,000.00 ' $ 60,000.00 0.00 $ 3.39 Adjust Existing Manhole to Grade 2.00 EA ' $ 300.00 ` $ 600.00 0.00 $ - 3.40 Rip Rap, Class D, Soil Filled 64.00 TON $ 40.00 $ 2,560.00 0.00 $ - 3.41 Headwall Structure 1.00 LS ` $ 18,000.00 $ 18,000.00 0.00 $ TOTAL SITE 3 $ 1,787,646.00 $ 72,800.00 SUBTOTAL COST $ 6,583,880.00 SUBTOTAL COST $ 578,931.02 CHANGE ORDER SUMMARY: TOTAL CHANGE ORDERS $ - $ - TOTAL CONTRACT TOTAL COMPLETED & CHANGE ORDERS $ 6,583,880.00 WORK $ 578,931.02 F.Y. 2014 Stormwater Lift Stations (Hollywood, Cedar Bend, Fletcher), Contract No. 836 J:\2010_Projects\110.0951\Construction\14 PayEstimates\ payrequest4.xlsx Page 4 of 4