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12/01/2014
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, December 1, 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) 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 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. Roll Call. Moment of Silence. Pledge of Allegiance Michelle Weidner, Chief Financial Officer Agenda, as proposed or amended. Minutes of November 24, 2014, Regular Session, as proposed 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Request of Edin Obic for tax exemptions on the construction of a new single family dwelling valued at $200,000 for property located at 1916 Red Tail Dr. and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 3. Request of Lindsey Jackson for tax exemptions for the construction of a new single family dwelling valued at $154,500 located at 1315 Dearborn Ave. and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 4. Request of Fa Jun Sun for tax exemptions for the construction of a new single family dwelling valued at $238,000 located at 151 Sabrina Circle and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Beverly Cosby, FSS Coordinator Class/Meeting: Family Self -Sufficiency Training. Destination: Des Moines, IA Dates: 01/26/15- Amount not to exceed: $1,397.00 01/28/15 b. Kent Shankle, Cultural & Arts Director Class/Meeting: Museum Visits. Destination: Chicago, IL Dates: 12/9/14- Amount not to exceed: $320.00 12/10/14 c. Michelle Weidner, Chief Financial Officer Class/Meeting: 19th Annual Governmental GAAP Update. Destination: Webinar - in office. Dates: 12/4/14 Amount not to exceed: $180.00 d. Director Trelka, Lt. Payne, DNE Agent Austin & Inv. Berry Class/Meeting: Narcotics Update Training Destination: Denver, CO Dates: 12/9/14- Amount not to exceed: $2,402.00 12/13/14 2. LIQUOR LICENSES a. Mama Nick's Circle Pizzeria, Inc., 1934 Washington St. Class: Class C Liquor Renewal Includes Sunday Application Expiration Date: 09/09/15 b. Grout Museum, 503 South St. Class: Special C (BW) Liquor & Outdoor Sales Renewal Includes Sunday Application Expiration Date: 12/14/15 3. Request from Engineering to receive and place on file official notification from the Iowa Department of Transportation to let an HMA resurfacing project of U.S. 218 from Marigold Drive to U.S. 20 on March 17, 2015. Submitted By: Eric throson, P.E., City Engineer PUBLIC HEARINGS 2. 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. Motion to receive and file proof of publication of notice of public hearing. Hold hearing - Comments on file in the City Clerk's office. Motion to close hearing and receive and file oral and written comments. Motion to receive, file, and consider for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Rezone on Certain Property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted By: Aric Schroeder, City Planner RESOLUTIONS 3. Resolution approving Young Arena Lease and Use Agreement with Waterloo Black Hawks Hockey, LLC, with recommendation of approval from the Leisure Services Commission; and authorize the Mayor to execute said document. Submitted By: Paul Huting, Leisure Services Director 4. Motion approving Change Order No. 2 for a net increase of $22,760.41 for work performed by Aspro, Inc. of Waterloo, Iowa for the F.Y. 2014 Asphalt Overlay Program, Contract No. 857; and authorize Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, P.E., Associate Engineer 5. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. of Waterloo, Iowa in the amount of $1,983,644.55, for the F.Y. 2014 Asphalt Overlay Program, Contract No. 857, and receive and file two (2) year maintenance Bond. Submitted By: Eric Thorson, P.E., City Engineer 6. Resolution approving the Tax Increment Finance (TIF) electronic submittal reports to the State of Iowa for Fiscal Year 2014. Submitted By: Noel Anderson, Community Planning & Development Director ORDINANCES 7. Ordinance Change - "No Parking Here to Corner" South Side of the 1400 Block of Sager Avenue in a Westerly Direction. Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by deleting Subsection (100) Sager to Section 553, No Parking Here to Corner; and inserting in lieu thereof a new Subsection (100) Sager to Section 553, No Parking Here to Corner. Motion suspending the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted By: Sandie Greco, Traffic Operations Superintendent OTHER COUNCIL BUSINESS ORAL PRESENTATIONS ADJOURNMENT Motion to adjourn. Suzy Schares, CMC City Clerk/Human Resource Director MEETINGS 4:50 p.m. - Building and Grounds Committee, Harold E. Getty Council Chambers 5:05 p.m. - Human Resources Committee, Harold E. Getty Council Chambers 5:10 p.m. - Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Waterloo Leisure Services Commission minutes of October 14, 2014 on file in the City Clerk's office 2. Board of Adjustment meeting minutes of April, May, June, and July 2014 on file in the City Clerk's office. 3. Planning & Zoning Commission meeting minutes of April, May, June, and July 2014 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 11th Street Bridge Joint Repairs - Payment to AECOM in the amount of $5,222.18 Kimball Ave. Transportation Improvement Project - Payment to Cedar Valley Corp. in the amount of $617,803.34 Administrative services for Commercial & Residential Lift Stations - Payment to INRCOG in the amount of $1,997.27 Builders Risk Insurance for 4 Storm Water Pump Stations - Payment to PDCM Insurance in the amount of $7,772.00 November 24, 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 24, 2014. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Jones, Schmitt, Lind, Morrissey, Welper, and Hart. Moment of Silence. Pledge of Allegiance: Jim Walsh, City Attorney. 143868 - Hart/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, November 24, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 143869 - Hart/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, November 17, 2014, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 143870 - Hart/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated November 24, 2014, in the amount of $3,308,418.07, 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. 2014-990. 2. Resolution approving cancellation of assessment for 537 Riehl Street in the amount of $86.25, 816 Kingsley Ave. in the amount of $183.89, 1050 Independence Ave. in the amount of $77.25, and 161 Linwood Ave. in the amount of $30.26; and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Resolution adopted and upon approval by Mayor assigned No. 2014-991. 3. Request of Craig Cafaro for tax exemptions on the construction of a new single family home valued at $298,000 for property located at 1955 Red Tail Dr. and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-992. 4. Request of Jordan Latta for tax exemptions on the construction of a new single family home valued at $176,000 for property located at 4151 Mockingbird Lane and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-993. 5. Request of Katrina M. Althaus for tax exemptions on the construction of a new twin home (condo) valued at $144,500 for property located at 4124 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-994. 6. Request of Robert Lisenbee & Sarah Hannes for tax exemptions on the construction of a new twin home (condo) valued at $174,900 for property located at 4175 Mourning Dove Drive and located in the City Limits Urban Revitalization Area (CLURA). Resolution adopted and upon approval by Mayor assigned No. 2014-995. 7. Request of Mujo Sabic for tax exemptions for the construction of a new single family home valued at $150,000 located at 1922 Martin Luther King Jr. Drive and located in the Consolidated Urban Revitalization Area (CURA). November 24, 2014 Page 2 Resolution adopted and upon approval by Mayor assigned No. 2014-996. 8. Request of Larry Schellhorn for tax exemptions for the construction of a new garage valued at $18,000 located at 1204 Longfellow Avenue and located in the Consolidated Urban Revitalization Area (CURA). Resolution adopted and upon approval by Mayor assigned No. 2014-997. b. Motion to approve the following: 1. a. b. 2. a. b. c. d. e. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to exceed Officer Moore Tactical Medicine Johnston, 12/9/14- $355.00 New Star Liquor 1625 W. 4th St. for Patrol IA 12/11/14 X Nancy Gulick, NCDA 2015 Winter Washington, 01/20/15 $2,390.00 Community Legislative & D.C. - Development Policy Meeting Renewal 01/23/15 Coordinator Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Casey's General Store #2867 2424 Ranchero Rd. Class C Beer & B Native Wine Renewal 12/27/15 X New Star Liquor 1625 W. 4th St. Class E Liquor, B Wine, & C Beer Renewal 12/10/15 X Sideline Sports Bar & Grill 814 LaPorte Rd. Class C Liquor New 11/19/15 X The Saloon 303 W. 4th St. Class C Liquor Renewal 11/14/15 Z's Restaurant & Lounge 3937 W. Airline Hwy. Class C Liquor Renewal 10/31/15 3. Recommendation of appointment of Matthew Schaefer, from the Civil Service list to the vacant position of Plant Maintenance Mechanic at the Waste Management Services Department, effective December 1, 2014. Roll call vote -Ayes: Seven. Item b.2.b Nays: One (Lind). Motion carried. Mayor Clark recognized the new appointees. Mayor Clark wished Ethel Washington well on her retirement. PUBLIC HEARINGS 143871 - Schmitt/Morrissey that proof of publication of notice of public hearing on rezone request from GMJ2 Industries to rezone 61.11 acres from "A-1" Agricultural District, "C-2" Commercial District and "M-1" Light Industrial District to "R -1,R -P" Planned Residence District, property generally located at the northeast corner of East Shaulis Road and Texas Street, directly east of Highway 218, as published in the Waterloo Courier on November 4, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections. Dale Carroll, 130 Trible Rd., expressed concern with creation of additional water issue that could be caused by the development. He submitted a petition in opposition to the housing development. He asked that Fish Lake be cleaned out. Kim Elliot, 327 Oakridge Road, expressed concern with the condition of the water way leaving Cedar Terrace. Maureen Krause, 941 Belle Street, expressed concern with the water issues in the Cedar Terrace neighborhood. Sarah Nordman, 3506 Balsam Street, expressed concern with the water not draining properly. November 24, 2014 Page 3 Tom Dallenbach, 3575 Cedar Terrace Dr., expressed concern with the water runoff. Steve Lentzkow, 1013 Belle St., expressed concern with the Cedar Terrace water issues. Jeff Essmann, 338 Crestridge Dr., expressed concern with the petition and the lack of information given when it was presented. He also expressed issue with the water runoff. He spoke in support of the housing development. Denny Staebell, 16 Silver Lakes, expressed concern with excess water and asked Council to take action but is not opposed to the housing addition. Mr. Morrissey expressed concern with the overgrowth in creek. He asked that the opposition group meet with the developer to see if they can resolve the issues. Mr. Welper spoke in support of the efforts being taken to help with the water issues. Mr. Schmitt pointed out that the real problem is below Cedar Terrace. He asked if there is any possibility of funding a solution to the draining issues. He asked that the item be delayed to allow the citizens to gather more information. Eric Thorson, City Engineer, pointed out that there is not a lot of funds available for storm water projects. The project will need to be funded by bonds. Mr. Carroll explained that at the meeting it was not explained who would maintain the lake and there was no guarantees that this will not create more water issues. Jim Ellis, JDE Engineering, explained that he has spoke with the majority of the concerned citizens present tonight. He has advertised and tried to reach out to all of the concerned citizens. Mike Elliot, 325 Oakridge, reiterated that the citizens are not against the development. They are concerned with the bottle neck and sink creek. Mr. Morrissey asked that a feasibility study be done to know what it will cost to clean Sink Creek. Ms. Cole asked that Council look at addressing the water issues for the Cedar Terrace neighborhood. Eric Thorson, City Engineer, explained that cleaning the Creek will also need to be coordinated with the County because a portion of the route to the Cedar River goes out into the County. Mr. Schmitt commented that the citizens are fearful of the impact of the development and a study needs to be done. Doug Schindel, AECOM, explained there has been a study previously done and he would be happy to assist in looking at options. Jim Ellis, JDE Engineering, expressed concern with tabling the development when the development cannot fix the issue. The water issue is upstream. 143872 - Schmitt/Hart that the hearing be closed and oral and written comments be received and placed on file. 143873 - Morrissey/Schmitt To table for 4 weeks. 143874 - Morrissey/Lind To amend the motion to table for 4 weeks or until the study has been reviewed. Ayes: Three. Nays: Four (Jones, Welper, Hart, Cole.) Motion failed. 143875 - Hart/Schmitt To table the issue until Dec. 22 to review the study. Ayes: Seven. Motion carried. November 24, 2014 143876 - Hart/Schmitt Page 4 that proof of publication of notice of public hearing on Request for proposal for Well Plugging, Demolition, and Site Clearance Services for former Rath Packing Company Well House located in the 1600 block of Sycamore Street, as published in the Waterloo Courier on November 6, 2014, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. 143877 - Hart/Schmitt that the hearing be closed and oral and written comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 143878 - Hart/Schmitt that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-998. 143879 - Hart/Schmitt that "Resolution ordering construction", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-999. Hart/Schmitt Motion to receive and file and instruct City Clerk to read bids and refer to Community Planning & Development Director for review. Bidder Bid Amount Cahoy Well & Pump Service Sumner, IA $7,545.00 Shawver Well Co. Fredericksburg, IA $10,600.00 Voice vote -Ayes: Seven. RESOLUTIONS 143880 - Cole/Morrissey that "Resolution approving Convention & Visitors Bureau (CVB) Board recommendations for funding of hotel -motel tax mini -grant application in the amount of $2,310 to Minnesota Youth Athletic Services for the Hawkeye Nationals Wrestling Tournament December 6 & 7, 2014", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-1000. 143881 - Cole/Morrissey that "Resolution seeking support from Federal and State Government to assist citizens with the cost of Footing Drain Disconnects", be adopted. Roll call vote -Ayes: Seven. Mr. Welper questioned if Mr. Morrissey has anyone lined up to take this resolution beyond this room and carry a bill forward. Mr. Morrissey explained that he has spoke with State Senator Dotzler and he will go take this forward. He has also drafted a letter and will work with the legal staff to send to US Senate, Congress, etc. asking them to take a bill forward. Mr. Schmitt commented that there may be a better way to approach this such as trying to receive grant funds. Mr. Walsh explained that Council or any citizens can ask for assistance and this will just allow Councils name to be on that letter. Resolution adopted and upon approval by Mayor assigned No. 2014-1001. 143882 - Cole/Morrissey November 24, 2014 Page 5 that "Resolution designating Michelle Weidner, Chief Financial Officer, to be appointed to work with the Securities & Exchange Commission's Enforcement Division (the SEC) to determine whether a voluntary filing should be made under the SEC Municipalities Continuing Disclosure Cooperation (MCDC) Initiative", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-1002. 143883 - Hart/Schmitt that "Resolution approving the City of Waterloo Annual Financial Report for the Fiscal Year ended June 30, 2014; and authorize publication of the report and submission of the report to the State of Iowa", be adopted. Roll call vote - Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-1003. 143884 - Hart/Schmitt that "Resolution approving National Association of VOCA Assistance Administrators grant money as a sub -recipient from the Office for Victims of Crime in the amount of $4,650, with no matching funds required, to be directly applied to projects related to crime victim assistance; and authorize the Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-1004. 143885 - Hart/Schmitt that "Resolution approving Supplemental Professional Services Agreement with Struxture Architects of Waterloo, Iowa, in the amount not to exceed $8,500 for design work, contract documents, bidding assistance, submittal reviews and on- site meetings with construction personnel in conjunction with the Waterloo Public Library Restroom Renovation project", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-1005. 143886 - Welper/Morrissey that "Resolution approving request to waive application of bidding policy and award the bid received from Turfwerks of Johnston, Iowa in the amount of $36,000 for the purchase of one (1) Jacobsen R311 Wide Area Rough Mower (unit already bid through the State of Iowa DOT Office)", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-1006. 143887 - Welper/Morrissey that "Resolution approving Amendment to Development Agreement with R & S Commercial, LLC, adding $2,650 to City responsibilities as unknown underground materials (concrete piping) were discovered in the development of City owned lots; and authorize Mayor to execute said document", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-1007. 143888 - Welper/Morrissey that "Resolution approving request to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the Downtown Waterloo Urban Renewal and Redevelopment Tax Increment District and place the certification on file", be adopted. Roll call vote -Ayes: Seven. Mr. Lind asked if we are certifying the debt and what the Cattle Congress district was for. Michelle Weidner, Chief Finance Officer, explained that the process for receiving the tax dollars from the County. She explained the reason for the Cattle Congress TIF. Resolution adopted and upon approval by Mayor assigned No. 2014-1008. 143889 - Cole/Schmitt that "Resolution approving to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the Cattle Congress Tax Increment November 24, 2014 Page 6 District and place the certification on file", be adopted. Roll call vote -Ayes: Seven. Mr. Morrissey asked for an explanation of the documents provided to Council. Michelle Weidner, Chief Finance Officer, explained that this is an internal schedule that tracks expenditures through June 2014 and the revenue collected. Mr. Lind questioned what the County will look at. Michelle Weidner, Chief Finance Officer, explained that the County has to review several documents including the documents in the Council packet. Resolution adopted and upon approval by Mayor assigned No. 2014-1009. 143890 - Cole/Schmitt that "Resolution approving to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the Logan Avenue Tax Increment District and place the certification on file", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-1010. 143891 - Cole/Schmitt that "Resolution approving to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the Martin Road Tax Increment District and place the certification on file", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-1011. 143892 - Cole/Schmitt that "Resolution approving to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the MidPort/Airport Tax Increment District and place the certification on file", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-1012. 143893 - Cole/Schmitt that "Resolution approving to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the Northeast Industrial Area Tax Increment District and place the certification on file", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-1013. 143894 - Cole/Schmitt that "Resolution approving to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the Rath Area Tax Increment District and place the certification on file", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-1014. 143895 - Cole/Schmitt that "Resolution approving to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the San Marnan Tax Increment District and place the certification on file", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-1015. 143896 - Cole/Schmitt that "Resolution approving to certify to the Black Hawk County Auditor expenditures that qualify for reimbursement in the Crossroads Waterloo Tax Increment District and place the certification on file", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2014-1016. November 24, 2014 Page 7 ORDINANCES 143897 - Cole/Hart 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", be considered and passed for the third time and adopted. Roll call vote -Ayes: Six. Nays: One (Schmitt). Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5256. 143898 - Schmitt/Hart that "an Ordinance amending the 2008 Traffic Code by adding Subsection (7) Heath Street to Section 552, "No Parking Between Signs" East Side of the 1900 Block of Heath Street", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 143899 - Schmitt/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 143900 - Schmitt/Hart that "an Ordinance amending the 2008 Traffic Code by adding Subsection (7) Heath Street to Section 552, "No Parking Between Signs" East Side of the 1900 Block of Heath Street", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5257. OTHER COUNCIL BUSINESS 143901 - Hart/Welper that Change Order No. 2 for a net decrease in the amount of $60,160.83, for Rehabilitate Taxiway B Project for Waterloo Regional Airport with Cedar Valley Corp. of Waterloo, Iowa; and authorize Mayor to execute said document, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 143902 - Hart/Welper that Change Order No. 1 for a net increase in the amount of $490, for additional equipment purchased from Murphy Tractor & Equipment Co. of Waterloo, IA, for the Snow Removal Equipment project for Waterloo Regional Airport; and authorize Mayor to execute said document, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 143903 - Hart/Welper that Change Order No. 1 for a net decrease in the amount of $650, for the Metal Roofing Restoration - Snow Removal Equipment Building Project with Pella Roofing and Insulation, Co. of Vinton, Iowa; and authorize Mayor to execute said document, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. ORAL PRESENTATIONS Forest Dillavou, 1725 Huntington Road, expressed concern with the cost of the footing drain disconnects. Craig Clark, Building Official, announced that there is a meeting at 5 p.m. tomorrow night at the library. Mayor Clark announced that it will be recorded and played on the CATV. 143904 - Hart/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 143905 - Hart/Schmitt that the council adjourn to Executive Session at 6:51 p.m. Roll call vote -Ayes: Seven. Motion carried. November 24, 2014 Page 8 City Attorney Jim Walsh stated that discussion of pending and potential litigation, is an approved topic of Executive Session pursuant to Iowa Code Section 21.5(1)(c)(2014). EXECUTIVE SESSION 143906 - Hart/Schmitt that the council adjourn Executive Session at 7:15 p.m. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 143907 - Hart/Schmitt that the Council adjourn at 7:15 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares, CMC City Clerk/Human Resource Director .City of Waterloo Rill Payments /Bill Date 12/1/2014 Banking Date 12/2/2014 Prepared by: RH Journal Number 724 Fund 010 205 224 266 283 290 291 411 412 413 414 426 520 521 525 WAR juornal total WAR formula Approved check total Amount Fund Amount for formula 146,269.00 010 1 $ 146,269.00 123,273.65 205 1 123,273.65 116,077.92 224 2 116,077.92 5,184.04 266 1 5,184.04 2,903.88 283 3 2,903.88 494,791.85 290 1 494,791.85 4,484.31 291 1 4,484.31 798.23 411 4 798.23 4,906.08 412 4 4,906.08 5,418.33 413 4 5,418.33 3,221.30 414 4 3,221.30 1,913.69 426 1 1,913.69 85,600.92 520 5 85,600.92 1,810.11 521 5 1,810.11 5,930.56 525 1 5,930.56 1,002, 583.87 1, 002, 583.87 2,005,167.74 (1,002, 583.87) 1,002, 583.87 w/d amount Bank Acct (RB) OVRNT $ 781,847.10 /(RB) CDBG (USB)HOUSE ✓ (RB)GOB To: (RB) ACCTS PYBL 116,077.92 Noankh3g 2,903.88 lr '� "' 'z `"13�,b 14,343.94 (RB)SEW 87,411.03 $ 1,002,583.87 12/2/2014 forms bill banking net.xlsx 12114 1 $ 2 3 4 5 6 2,005,167.74 $ 1,002,583.87 } FUND : `TRANSFER REQUEST Prepared by/Date A:2-7 /2 FROM ACCOUNT TO ACCOUNT AMOUNT at) 0A (2 f F C-- (_c) P) 0 vkitir.__ .3.a ..g o REASON: 3/24/2014FORMS REVENUE ACCTINO xI.zFUNOS TRANSFER City of Waterloo Payroll Vendor Disbursements Checks Issued and EFT JE: 698 & 702 Date: 11/26/14 Prepared by: RH GRAND TOTALS Vendor Check EFT Inv jrnl Fund Amount Amount Fund Amount 010 249,631.79 252,309.66 010 1 501,941.45 Deductions from Inv journal:_:::Do:riirt.use:.:.: (7,574.25) 010 1 (7,574.25) 200 172,311.62 0.00 200 1 172,311.62 204 4,815.01 5,874.04 204 1 10,689.05 205 5,367.60 5,900.73 205 1 11,268.33 ............... ............... 224 4,166.82 Do:not i$e;:::: 224 2 4,166.82 .............. 224 :::Do:pvt;use::::: 6,578.61 224 2a 6,578.61 266 28,626.70 39,451.26 266 1 68,077.96 283 3,502.64 4,926.67 283 3 8,429.31 290 202.97 179.88 290 1 382.85 520 14,974.99 21,493.44 520 4 36,468.43 521 5,867.74 7,615.98 521 4 13,483.72 525 8,311.22 12, 720.72 525 1 21, 031.94 WAR 497,779.10 349,476.74 WAR 847,255.84 995,558.20 698,953.48 1,694,511.68 1,694,511.68 WAR (497,779.10) (349,476.74) (847,255.84) 1 $ 778,128.95 2 4,166.82' 497,779.10 349,476.74 847,255.84 2a 6,578.61 3 8,429.31 4 49,952.15 / Bank Acct w/d amount To: (RB) ACCTS PYBL (RB) OVRNT $ 778,128.95 (RB) CDBG 4,166.82banking ., ✓/ (RB) CDBG 6,578.61 a! (USB)HOUSE 8,429.31 (RB)SEW 49,952.15 Grand Total $ 847,255.84 C� 7• nor t/ 1-145/17Kt l�i b Grand Total $ 847,255.84 1[1,441- C ..f£r) 11/26/2014 forms pyrll vendor disbrs banking net.xlsx 112614+EFT City of Waterloo Finance Committee Open Invoice Report For December 01 2014 Approval Finance Committee Accounts Payable Open Invoice Report Total As of Wednesday, November 26, 2014 EFT Transactions: 1, 002, 583.87 733,289.66 (Subtotal - as of Monday, December oi, 2014 1,735,873.53 Workers Compensation Issued by TPA Housing Authority Housing Assistance EFT's Housing Authority Housing Assistance EFT's Payroll 1,956.00 1,646,557.03 Bill Payment Total - Monday, December 01, 2014 Payment to Council members or related entities: David Jones $565.00 3,384,386.56 I City o / aterloo Pay'ro'll Date 11/26/14 Preparer: RH GL Date 11/26/14 Banking Date 11/26/14 JE 697 Fund Dir Dep ACH 010 204 205 224 266 283 290 423 520 521 525 Net Payroll Total Net Payroll Total Bank Acct / (RB) OVRNT j (RB) CDBG < (USB HOUSE (RB)SEW Net Payroll checks only Dir Dep ACH Net Payroll Total DEBIT (672,786.20) 595,418.47 10,601.45 11,091.10 9,878.31 74,305.03 10,216.01 251.42 40,878.55 13, 243.19 24, 272.36 790,155.89 790,155.89 w/d amount Fund Dir Dep ACH 010 204 205 224 266 283 290 423 520 521 525 1 1 1 1 2 1 3 1 4 5 5 1 Net Payroll Total Dir Dep ACH Net Payroll checks only To: (WF) Payroll 43,153.63 '°'`L / l 9 ,! 9,878.31 (1,..57675/ e `� L/J 7 VA*1 10,216.01 54,121.74 °4144 'e" J3?2 L/ yq. 1 2 3 5 (672,786.20) 595,418.47 10,601.45 11,091.10 9,878.31 74,305.03 10,216.01 251.42 0.00 40,878.55 13,243.19 24,272.36 790,155.89 (672,786.20) 117,369.69 43,153.63 9,878.31 10,216.01 54,121.74 117,369.69 $ 117,369.69 ACH 672,786.20 790,155.89 /7-,? 11/25/2014 forms payroll banking net.xlsx 112614 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: December 1, 2014 Prepared: November 25, 2014 Dept. Head Signature: # of Attachments: 3 SUBJECT: CLURA application for tax exemptions for new single family dwelling located at 1916 Red Tail Dr, Waterloo, Iowa 50701. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CLURA application from Edin Obic for the construction of a new single family dwelling located at 1916 Red Tail Dr., Waterloo, Iowa 50701, Valued at $200,000 and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the City Limits Urban Revitali'ation Area Plan. ADDRESS 1916 Red Tail Drive Dr., Waterloo, Iowa 50702 LEGAL DESCRIPTION See Attached Expenditure Required: N/A Source of Funds: N/A Policy Issue: CLURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Miller, Associate Planner CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer CITY LIMITS URBAN REVITALIZATION APPLICATION FOR PROPERTY TAX EXEMPTION FOR CONSTRUCTION OF NEW ONE OR TWO FAMILY DWELLINGS UNDER THE PROVISIONS OF THE CITY LIMITS URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The City Limits Urban Revitalization Area (CLURA) allows property tax exemptions for newly constructed one or two family -fr LA - dwellings (single family homes or duplex/twin homes) that meet the following criteria: 1. Be located within the CLURA boundaries (a map of which can be obtained from the City of Waterloo C itrmunity Plannink, ` & Development Department.) '7/ _ F 2. This application must be filed with City prior to the 1st working day of February following the year when the imbflo ehts are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City Council. Projects started prior to the adoption date of July 18, 2011 do not qualify. NAME: ADDRESS: /9 16 cc)tc,k1 TELEPHONE: ] / Cs t DATE: A. What is the Address of the property being improved? VI if What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse) (C ft-Veatifwi B. What was the nature of the improvement(s)? (must be single family homes or duplex/twin homes to qualify) C. City of Waterloo Building and Inspections Department Information: Permit Number: 2 Date permit was issued: ( ' / ' / 1 Total permit(s) valuation: D. What was the cost of the new construction? C� ? 0 U 0 C) E. Estimated or actual date of completion of this new construction? CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: Tami McFarland Black Hawk County Assessor Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. P BaK HAWK COUNTY ABSTRACT & TITLE. 61A107i'Dd 1111111111111111111111111111 1111l1ll(I II1I VIII III I I IIIA VIII NIII VIII IIII VIII II1I IIII IIII Doc ID: 005487410001 Type; GEN Kind: WARRANTY DEED Recorded: 06/05/2014 at 02:49:39 PM Fee Amt: $66.40 Pape 1 of 1 8lackUHawkXCouunt 40 Iowa JUDITH A MCCARTHY RECORDER F11e2014_00021494 Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 After Recording Return To: Banklowa, 3222 Kimball Ave., Waterloo, IA 50701 Address Tax Statement to: Edin Obic and Minela Cutuk, WARRANTY DEED - CORPORATE GRANTOR For the consideration of One ($1.00) Dollar(s) and other valuable consideration, Winchester Farms, Incorporated, a corporation organized and existing under the laws of Iowa does hereby convey to Edin Obic and Minela Cutuk, as joint tenants with full rights of survivorship and not as tenants in common, the following described real estate in Black Hawk County, Iowa: Lot 6, Audubon Park Sixth Addition, Waterloo, Black Hawk County, Iowa. Subject to covenants, restrictions, ordinances, easements, and limited access provisions of record. The Corporation hereby covenants with grantees, and successors in interest, that it holds the real estate by title in fee simple; that it has good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances, except as may be above stated; and it covenants to Warrant and Defend the real estate against the lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, according to the context. Dated: - .3-// State of Iowa County of Black Hawk )ss Winches),er Farms, Incorporated By: Rob J.lC aassen Its: President This record was acknowledged before me on this Robert J. Claassen, as President of Winchester Farms, M. BRAD CONDON co w,S:isT.N NO. 717831 :a'Y!`!1��390N day of u-04 , 2014, by Incorporated. ' A irti i'or Ansi/ r , Notary Public �a.C1o�� ile Number: 2S i-149Seq: 1 Note: Bass map data source is Bsck Navel( County. This rap does not raprosem • survey, no geMYy is essumM for Cs amrary of the data delisted herein. either expressed or implied by Bleck Nark Corny, the Bsrk Bask County Assessor, oriMi employees. The City of Waterloo makes no warranty. express or implied, as to Me ecvnry of to kmb lorton shown on Ps map.and expresae Pair.Wb for the accuracy thereof. Users should refer to official cial plats, surreys, recorded beds, et:. located at les BP& Nassk County Assessors Office for complete a. accurate Information. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-1018 RESOLUTION APPROVING APPLICATION WITH EDIN OBIC FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $200,000.00 FOR PROPERTY LOCATED AT 1916 RED TAIL DRIVE IN THE CITY LIMITS URBAN REVITALIZATION AREA (CLURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Edin Obic has submitted an application dated November 23, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions for the construction of a new single family home valued at $200,000.00 for property located at 1916 Red Tail Drive, more fully described as follows: Lot 6, Audubon Park Sixth Addition, Waterloo, Black Hawk County, Iowa. Subject to covenants, restrictions, ordinances, easements, and limited access provisions of record; and, WHEREAS, said property is located within the designated City Limits Urban Revitalization Area (CLURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and WHEREAS, the new construction project respecting said property is in conformance with the City Limits Urban Revitalization Area (CLURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the City Limits Urban Revitalization Area (CLURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year For the second year For the third year 100% 100% 100% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. PASSED AND ADOPTED this 1st day f December, 2014. Ernest ATTEST: zy S hares, CMC City C erk . Clark, Mayor 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: December 1, 2014 Prepared: November 20,2014 Dept. Head Signature: # of Attachments: SUBJECT: CURA application for tax exemptions for a new single family home located at 1315 Dearborn Ave, Waterloo, Iowa 50707. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CURA application from Lindsey Jackson for the construction of a new single family home located at 1315 Dearborn Ave, Waterloo, Iowa 50707, valued at $154,500 and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. ADDRESS 1315 Dearborn Ave, Waterloo, Iowa 50707 LEGAL DESCRIPTION See attached Expenditure Required: N/A Source of Funds: N/A Policy Issue: CURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Miller, Associate Planner CITY WEBSITE: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer For Office Use Only Received by: Staff to date stamp and make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE V�6. CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located within its boundaries that meet the following criteria: 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department) 3. This application must be filed with City prior to the working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the .ty Council. NAME: i►u --Y►VI SIGNATURE: leA. ADDRESS: 13« ���:filY� '1– (_ i\ J t--V�� &7b 7 TELEPHONE: -`2,7o DATE: e 1 J i A. What is the Address of the property being improved? 1-2-1 1:e.....‘40:..41-15676- 1 V ( b .- 56151 What is the Legal Description of the property? (May be available at County Recorder's Office on 2nd floor of the Courthouse)? B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2.A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% d. Fourth Year -50% g. Seventh Year -30% b. Second Year -70% e. Fifth Year 10% h. Eighth Year 30% c. Third Year --60% f. Sixth Year ---40% i. Ninth Year -20% j. Tenth Year 20% C. What was the nature of the improvement(s)? F1(..W Waw-tVC hoV D. City of Waterloo Building and Inspections Department Information: Permit Number: VVPI 01124 Date permit was issued: 5/ COl 1 4 Total permit(s) valuation: 4 � ©CO E. What was the cost of the improvement? F. Estimated or actual date of completion of these improvements? W (J L)114 G. If this is not a singe -family dwellinP5 knit, which you own and reside in, will these improvements create a displacement of your tenants? Yes X No CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. sEt4.:WARRANTY DEED o � .. (CORPORATE GRANTOR) 4• THE IOWA STATE EAR ASSOCIATION 70S , r Official Farm No. 404 oci:Ctlo Recorder's Cover Sheet Preparer Information: (Name, address and phone number) Heather A. Prendergast, 321 E. 4th Street, P.O. Box 956, Waterloo, IA 50704, Phone: (319) 2344600 Taxpayer Information: (Name and complete address) 1315 Dearborn Avenue, Waterloo, Iowa 50707 Return Document To: (Name and complete address) 603 Commerical Street, Waterloo, IA 50701 Grantors: Grantees: KUGCO, LLC, KUGCO, LLC Legal description: See Page 2 Document or instrument number of previously recorded documents: &) The Iowa State BarAssocation 2013 IOWADOCS® OWA THE il:FO STATE BAR ASSOCIATION i Qrcla=rl or�t;xa•'toa Heather Prencler ast g FOR THE LEGAL EFFECT OF THE USE OF I THIS EORM,CONSULTYOURd:AWYER g7 A; j'1; r ' . WARRANTY DEED ` (CORPORATE GRANTOR) For the consideration of one Dollar(s) and other valuable consideration, KUGCO, LLC, a corporation organized and existing under the laws of does hereby Convey to Lindsey A. Jackson, a single person and Vern P. Jackson, a single person. the following described real estate in Black Hawk County, Iowa: • • Plat of Maywood in Black Hawk in interest, that it holds authority to self and convey and encumbrances, except as the real estate against the shall be construed as in the TLC, The East 120 feet of the South One-half of Lot 8 in "Auditor Barnes' County, Iowa", now in the City of Waterloo, Iowa. The Corporation hereby covenants with grantees, and successors the real estate by title in fee simple; that it has good and lawful the real estate; that the real estate is free and clear of all liens may be above stated; and it covenants to Warrant and Defend lawful claims of all persons, except as may be above stated. Words and phrases herein, including acknowledgment hereof, singular or plural number, according to the context. Dated: KUGCO. By' A14,4 C/ William 0. Kugler, a me er of KugCo, LLC• By STATE OF IOWA , COUNTY OF BLACK HAWK This record was acknowledged before me this day of by William O. Kugler. ' as..a.member of KUGCO. LLC,. • 9 1 r o'. 7,1 Co mails _ion L!mc:zr rOeusT31 i.� `,% n pir, s I � 'Pc 1.___/° griature of Notary Public OThtIowa a EorAssotib,201 lOWADOOSe 104 WARRANTY DEED GRANTORI Reused August 2013 earborn Hob. Base prop data source. Bock Hawk County.ThisTmap does not represent a survey. no liability assumed for the actuary of Ne data delineated herein eller rapeseed or impked by Bleck Hark County, the B lack Hawk County Assessor, or Neit employees. The City Waterloo hakes no warranty. er000 er implied. as to the accuracy olds information shown on Nis map, and expressly disclaims liabikty for Ne ▪ uacy thereof. Users should tiler to official plats. •oweya. recorded deeds, etc. located atthe Black Hawk County Assessor's OR for complete and agate imemroboi. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-1019 RESOLUTION APPROVING APPLICATION WITH LINDSEY JACKSON FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $154,500.00 FOR PROPERTY LOCATED AT 1315 DEARBORN AVENUE IN THE CONSOLIDATED URBAN REVITALIZATION AREA (CURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Lindsey Jackson has submitted an application dated November 20, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on the construction of a new single family home valued at $154,500.00 for property located at 1315 Dearborn Avenue, more fully described as follows: The East 120 feet of the South One-half of Lot 8 in "Auditor Barnes' Plat of Maywood in Black Hawk County, Iowa", now in the City of Waterloo, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area (CURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and, WHEREAS, the new construction project respecting said property is in conformance with the Consolidated Urban Revitalization Area (CURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Area (CURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year 80% For the second year 70% For the third year 60% For the fourth year 50% For the fifth year 40% For the sixth year 40% For the seventh year 30% For the eighth year 30% For the ninth year 20% For the tenth year 20% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. Resolution No. 2014-1019 Page 2 PASSED AND ADOPTED this 1st day of December, 2014. est G. Clark, Mayor ATTEST: Suzy S. ares, CMC City C erk 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 Ar -Large STEVE S CHMITT At -Large CITY F ,S IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4356 Fax (319) 291-4262 . NOEL C. ANDERSON, Community Planning & Deve_iermrnrDirector Council Communication City Council Meeting: _) , Prepared: Tune 25,2014 Dept. Head Signature: ----- # ._# of Attachments: 3 SUBJECT: CURA application for tax exemptions for a new single family home located at 151 Sabrina Cr, Waterloo, Iowa 50703. Submitted by: Noel Anderson- Community Planning & Development Director Recommended City Council Action: Resolution approving CURA application from Fa Jun Sun for the construction of a new single family home located at 151 Sabrina Circle, Waterloo, Iowa 50703, valued at $238,000 and authorize Mayor and City Clerk to execute said documents. Summary Statement: The Planning, Programming, and Zoning Commission staff has reviewed this application and feels that the project qualifies for exemptions from taxes on the actual value added to Residential property under the Consolidated Urban Revitalization Area. ADDRESS 151 Sabrina Cr., Waterloo, Iowa 50703 LEGAL DESCRIPTION Lot 30 in Aerostat Heights, in Waterloo, Black Hawk County, Iowa. Expenditure Required: N/A Source of Funds: N/A Policy Issue: CURA Alternative: N/A Attachment(s) cc: Noel Anderson, Community Planning & Development Director Aric Schroeder, City Planner Adrienne Voelker, Associate Planner CITY WEBSITE: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer For Office Use Only Received by: Staff to date stamp and make a copy for applicant CONSOLIDATED URBAN REVITALIZATION AREA APPLICATION FOR PROPERTY TAX EXEMPTION FOR IMPROVEMENTS UNDER THE PROVISIONS OF THE CONSOLIDATED URBAN REVITALIZATION AREA PLAN ADOPTED BY THE CITY COUNCIL OF THE CITY OF WATERLOO. The Consolidated Urban Revitalization Area (CURA) allows property tax exemptions on improvements to property located e within its boundaries that meet the following criteria: (f/A' 1. At least a 10% improvement to the value of the residential property. At least a 15% improvement to the value of commercial property if a building was previously on the site. If commercial property was previously vacant, all actual �� '1'M t value added by the improvements is eligible for tax exemption. 2. Be located within the CURA boundaries (a map of which can be obtained from the City of Waterloo Community Planning & Development Department.) ® [jos s os t r o `� ii[ r 3. This application must be filed with City prior to the 1 working day of February following the year when the improvements are completed to comply with the timeline of the State Code of Iowa, Section 404.4 unnumbered paragraph 2. However, a single application may be filed upon completion of an entire project requiring more than one year to construct or complete, providing prior approval has been granted by the City Council or County Board of Supervisors. Please fill out the following information for your application to be submitted to the City C NAME: h I du At _sue 1 /AtiA 'SIGNATURE: " ----2 ADDRESS: /57 / ..S a,6 , r< S-0 .7C7 TELEPHONE: I C� 1 , DATE: A. What is the Address of the property being improved? 15' 5ec] ' '� )1 A (y 1/' ri &Y l T What is the Legal Description of the property? (May be available at County Recorder's Office on 2"d floor of the Courthouse)? See • Pfla• k,v B. Indicate desired exemption schedule: (1 or 2) 1. One Hundred Percent (100%) exemption for three years on the actual value added by improvements; 2. 'j A partial exemption on the actual value added by improvements according to the following schedule: a. First Year 80% d. Fourth Year -----50% g. Seventh Year -30% b. Second Year -70% e. Fifth Year -------40% h. Eighth Year 30% c. Third Year 60% f. Sixth Year 10% i. Ninth Year 20% j. Tenth Year 20% C. What was the nature of the improvement(s)? (ii\• 1/ca G i CvA . D. Ciof Waterloo Building and Inspections Department Information: tyR e net).' t cec��4`) —t3 �aS. �r\ Permit Number: i 3 - Date permit was issued: I Total permit(s) valuation: 1 E. What was the cost of the improvement? t CC) 0. LC F. Estimated or actual date of completion of these improvements? (P--( 9 --(4- G. I4 - G. If this is not a singe -family dwelling unit, which you own and reside in, will these improvements create a displacement of your tenants? Yes No CITY OF WATERLOO APPROVED DENIED DATED: RESOLUTION NO: BLACK HAWK COUNTY ASSESSOR APPROVED DENIED DATED: T.J. Koenigsfeld Black Hawk County Assessor Note: The improvements to your home or business may not change the assessed value. Note: City Council approval does not guarantee tax exemptions. The application must be reviewed and approved by the Black Hawk County Assessor's Office for criteria eligibility. 00 p.54 1€4CK HAWK COUNTY ABSTRACT ofI rAe. 7/6 -AZ VII ill NIIIMI 111111111 IIINNI I Doc ID. 005278200001 Type: GEN Kind: WARRANTY DEED Recorded: 09/16/2013 at 09:04!11 AM Fee Amt: $40.00 Page 1 of 1 Revenue Tax: $28.00 Black Hawk County Iowa JUDITH A MCCARTHY RECORDER File2014-00005920 Prepared By: Eric W. Johnson, P.O. Box 178, Waterloo, IA 50704-0178 (319)234-1766 After Recording Return To: Black Hawk County Abstract Company, 614 Sycamore St., Waterloo, IA 50703 Address Tax Statement to: Fergtrri Sun and Haixia You, 415 W. Donald St. , Waterloo, IA 50703 WARRANTY DEED - JOINT TENANCY For the consideration of One ($1.00) Dollar and other valuable consider�tion, Mian Nisar Fa.�., Ahmed and Muniba Nisar, husband and wife, do hereby Convey to Eft dun and I laixia You, husband and wife, as Joint Tenants with Full Rights of Survivorship, and not as Tenants in Common, the following described real estate in Black Hawk County, Iowa: Lot No. 30 in Aerostat Heights, in Waterloo, Black Hawk County, Iowa. Subject to restrictions, easements, covenants, ordinances, and limited access provisions of record. Grantors do Hereby Covenant with grantees, and successors in interest, that grantors hold the real estate by title in fee simple; that they have good and lawful authority to sell and convey the real estate; that the real estate is free and clear of all liens and encumbrances except as may be above stated; and grantors Covenant to Warrant and Defend the real estate against the lawful claims of all persons except as may be above stated. Each of the undersigned hereby relinquishes all rights of dower, homestead and distributive share in and to the real estate. Words and phrases herein, including acknowledgment hereof, shall be construed as in the singular or plural number, and as masculine or feminine gender, according to the context. Dated: �j' - / 3 -- 2 L / Mian Nisar Ahmed tub, A/tS>gj2 Muniba Nisar State of Iowa ) County of Black Hawk )ss This record was acknowledged before me on this i 3 day of S�Of• , 2013, by A L. -wk. -AA NAllr k.) 1-mctlanrl anri IAA fa W Airline Hwy Note: Base nap date source is Bleck Hark Courtly. This map does not represent a survey. no liability I assumed for the accuracy of the data 0k County, herein. ether Hmessed or unshed by Black Hent County, ne Black Hark County Assessor, or their employees. The City of Waterloo nukes no wamnty. express or bashed, as to the accuracy of the information ahem on this map, and expressly disclaims t !abfor the accuracy thereof. Users should refer to official plats, surveys, notated deeds, etc. looted at the Black Hawk County Assessor's Office for complete aM •aurae IMemution. Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-1020 RESOLUTION APPROVING APPLICATION WITH FA JUN SUN FOR TAX EXEMPTIONS ON THE CONSTRUCTION OF A NEW SINGLE FAMILY HOME VALUED AT $238,000.00 FOR PROPERTY LOCATED AT 151 SABRINA CIRCLE IN THE CONSOLIDATED URBAN REVITALIZATION AREA (CURA), IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. WHEREAS, Fa Jun Sun has submitted an application dated June 25, 2014 to the City Council of the City of Waterloo, Iowa, requesting to receive tax exemptions on the construction of a new single family home valued at $238,000.00 for property located at 151 Sabrina Circle, more fully described as follows: Lot No. 30 in Aerostat Heights, in Waterloo, Black Hawk County, Iowa; and, WHEREAS, said property is located within the designated Consolidated Urban Revitalization Area (CURA) in Waterloo, Iowa, as previously established by the City Council of the City of Waterloo, Iowa, and, WHEREAS, the new construction project respecting said property is in conformance with the Consolidated Urban Revitalization Area (CURA) Plan as officially adopted by the City Council for the City of Waterloo, Iowa, and WHEREAS, the new construction on said property was made during the time in which such improvements are eligible for the tax exemption as set forth in the Consolidated Urban Revitalization Area (CURA) Plan as adopted by the City Council of the City of Waterloo, Iowa, and as set forth in the Urban Revitalization Act as adopted by the Legislature of the State of Iowa and signed by the Governor of the State of Iowa, and WHEREAS, said applicant is requesting the following three- year exemption schedule: For the first year 80% For the second year 70% For the third year 60% For the fourth year 50% For the fifth year 40% For the sixth year 40% For the seventh year 30% For the eighth year 30% For the ninth year 20% For the tenth year 20% NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, that said application is hereby approved and the City Clerk is hereby authorized and directed to forward said application and a copy of this resolution to the Assessor. Resolution No. 2014-1020 Page 2 PASSED AND ADOPTED this 1st day of December, 2014. 471 r est G. Clark, Mayor ATTEST: Suzy Sc ar=s, CMC City Cl-rk TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. STAFF ONLY LINE ITEM USED .43 / :�`/'-�, / 3449 FY«' -i:% BUDGETED /kW C EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance /046- al' /.3 i / 3' /s'F5`/ it ;),,/ Copy - Department NAME(S) AND POSITION(S): Beverly Cosby, FSS Coordinator DATE: 11/20/2014 NAME OF CLASS / MEETING: Family self-sufficiency training DESTINATION: Des Moines, Iowa DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: 01/26/2015 RETURN DATE: 01/28/2015 DATE(S) OF MEETING: 01/26-28 /2015 PURPOSE OF TRAVEL/TRAINING: Family Self -Sufficiency (FSS) Training, using HUD regulations and guidance; you should be able to understand. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: x CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: 360.00 LODGING 120.00 MEALS 825.00 REGISTRATION 60.00 MILEAGE/FUEL 32 TOTAL FOR ALL: $ 1397 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 283-13-1346-5 '',Z -13 GRANT REIMBURSABLE YES NO x YES NO REQUIRED CERTIFICATION TOTAL: $ 0.00 PER PERSON I BELIEVE THIS TRIP SERVE AND IS NECESSARY AND CITYWA - L • +' IC PURPOSE TO THE DEPARTMENT HEAD 1/-/2,/ DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 I APPROVE THIS TRAVEL REQUEST MAYOR /.4q//i/ DATE 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 Cl/? ; c' « 6 /3 Crr OS 0Gt--- !40?� ui TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY AO '2 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original - Clerk/Finance STAFF ONLY 010 03 8400 1346 aO '2X. o3 ///7-i - Department NAME(S) AND POSITION(S): Michelle Weidner, Chief Financial Officer DATE: 11/17/2014 NAME OF CLASS / MEETING: 19th Annual Governmental GAAP Update DEPARTURE DATE: 12/4/2014 DESTINATION: Webinar — in office DEPARTURE POINT IF NOT WATERLOO: RETURN DATE: 12/4/2014 PURPOSE OF TRAVEL: Class covers governmental auditing and accounting principles update. DATE(S) OF MEETING: 12/4/2014 WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: N/A CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: LODGING MEALS 180.00 REGISTRATION MILEAGE/FUEL TOTAL FOR ALL: $ 180.00 TAXI PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: 010 03 8400 1346 x GRANT REIMBURSABLE YES NO x YES NO TOTAL: $ 180.00 REQUIRED CERTIFICATION PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO 14/AAi ih C��.,� Rc,:2 DEPARTMENT HEAD //_i'1 /q I APPROVE THIS TRAVEL REQUEST ‘Ao, MAYOR (P/i t/ DATE DATE K:\Shared Goodies\Forms\Travel Request Form January 2010 TRAVEL REQUEST CITY OF WATERLOO FINANCE DEPT. LINE ITEM USED FY _2015 BUDGETED EXPENDED YTD THIS REQUEST LEFT AFTER THIS REQUEST DATE Original-Clerk/Finance STAFF ONLY 010-11-1160-1512 11TRITRIF ?vim' ..;?3,57 222c.; /1-/7-P, Co •y - De•artment NAME(S) AND POSITION(S): Director Dan Trelka, Lt. Corbin Payne, DNE Agent Jake Austin & Inv. Nick Berry DATE: November 17, 2014 NAME OF CLASS / MEETING: Narcotics Update Training DESTINATION: Denver, Colorado DEPARTURE POINT IF NOT WATERLOO: DEPARTURE DATE: December 9, 2014 Return Date: December 13,2014 DATE(S) OF MEETING: Dec.rel-, 4h,2014 PURPOSE OF TRAVEL: Director Trelka is requesting authorization to send Director Dan Trelka, Lt. Corbin Payne, Inv. Nick Berry, & DNE Agent Jake Austin to Denver Colorado on December 9-13, 2014. Director Trelka and the other Officers who are all assigned as Investigators for the Tri -County Drug Task Force will meet with the West Metro Denver Area Drug Task Force and the Boulder Drug Task Force to obtain training and information about how to combat the sources of the High Grade Marijuana being sent to our state. They also will discuss the challenges these drug task forces are facing with the legalization of marijuana and how what kind of funding sources the federal government has. The Officers will require a vehicle to drive to the training. This training will be paid out of Tri -County Drug Task Force forfeiture funds. WILL TRAVEL REQUIRE ADDITIONAL PERSONNEL: x COST $ YES NO METHOD OF TRAVEL: X CITY VEHICLE AIRFARE DEPARTING FROM: PRIVATE VEHICLE ESTIMATE OF COST: $1000.00 LODGING $1052.00 MEALS $0.00 REGISTRATION $350.00 MILEAGE/FUEL TOTAL FOR ALL: $ 2402.00 Rental car PARKING AIRFARE MISC/TOLLS BUDGET LINE ITEM: x GRANT REIMBURSABLE YES NO x REQUIRED CERTIFICATION YES NO TOTAL: $ 600.50 PER PERSON I BELIEVE THIS TRIP SERVES A PUBLIC PURPOSE AND IS NECESSARY AND BENEFICIAL TO THE CITY OF WATERLOO I APPROVE THIS TRAVEL REQUEST DEPARTMET HEAD MAY R DATE /a �i/1 `( DATE CITY OF WATERLOO Committee Communication Human Resources Committee Meeting: December 1, 2014 Prepared: November 21, 2014 Dept. Head Signature: Eric Thorson # of Attachments: 1 SUBJECT: HMA RESURFACING PROTECT ON US 218 Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: Receive and place on file as information for the City Council. Summary Statement The IDOT is letting a HMA resurfacing project of US 218 from Marigold Drive to US 20. This letting is scheduled for March 17, 2015. The project is proposed to be constructed in 2015 with work occurring within the city limits. Expenditure Required NA Source of Funds NA Policy Issue NA Alternative NA Background Information: November 13, 2014 DOT RECEIVED NOV 1 ° 2014 monirm www.lowadotgovSMARTEncVmLrtI CUSTOMER 1.1111V LI1 ISSOGWOONAMMitienKiatMAPVIMUNM I" ' "E:W.,ZASMAIMEZR The Honorable Buck Clark Mayor of Waterloo 715 Mulberry Street Waterloo, IA 50703-5783 Dear Mayor Clark: District 2 Office 1420 4th St SE / Mason City, IA 50401 Phone: 641-423-7584 I 800-477-4368 Fax: 641-423-0246 County Black Hawk Project No. NHSX-218-7(228)--3H-07 Notification Letter No. 2015-M-130 RE: Hot Mix Asphalt (HMA) Resurfacing on U.S. 218 This is official notification to your City Council that the Iowa Department of Transportation (DOT) proposes to let an HMA resurfacing project in the City of Waterloo from Marigold Drive to U.S 20 on March 17, 2015. This project lies within the city. The work will be done in accord with the current Form 810034 "Agreement for Primary Road Extension Maintenance and OperationProject costs will be paid from the Primary Road Fund and no charges will be made against the City. The project is proposed for construction during 2015. Subject to the approval of, and without expense to the DOT, the City agrees to perform (or cause private utilities to perform), all relocations, alterations, adjustments or removals of existing utility facilities including but not limited to power, telephone and telegraph lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the project, all in accordance with the Utility Accommodation Policy of the DOT. No utility work is anticipated to be needed with this project. Resident Engineer, Ron Loecher, of New Hampton, Iowa, telephone number 641-394-3161, will advise you of the contractor's proposed schedule when the information is available. We would appreciate this project notification being included on your next City Council meeting agenda as a matter of information for the Council members. If you have any questions concerning the work involved, please contact this office as soon as possible in order to expedite any possible changes. Sincerely, E. ion Ranney, P,E/ P,L.S. District Engineer CC Deanne Popp, Office of Local Systems - DOT Buck Clark Waterloo.docx Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 29. " 262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: November 17 20 Prepared: November 12, 2014 Dept. Head Signature: # of Attachments: d SUBJECT: 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. 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: wwwci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer 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, 2014 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. 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 of Ansborough 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. Zlatko Kuduzovic — R2 to C2 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 A-1 Hrthrt 4.—sArdrat INIMAIIME•e:usa— Immo - • •Mfg rin Ent Makeibt:',. 171111111 it ill' adj: min itincommunmu IUe ;FrIulviiuuui '1111111111111111iik i.14,[4:: VA U. ''''"41 MI 110 MIS .....11 ,.entrain m.....E imm ...... mi. - ..w, -- ..... MIMIMO en Lim um Non NINE = 1111 MIIIILMWEVErgiEt 1 in ElMiNEAMINIIIAMINIII IIII .. ANNIVIIMI.RXX X i gm tillmair :: II • II =I um ... -- -1 :::: r.s. in in -,. maw tir000te"..2;:rirovirrit 04 itiii C-2 1111 EINILIMILIMali l• Citii/ , C-1 0-Z aligmhpliimpu_mil 0 0 4 i %.1. L it . ,i, 4pArWilliM 1,1 .11, .1. 4.. - — -- -,,. varait mani lii:....E; - ...J.. lial i 1 Pt h 1,.. WEE "'am moo 1111. Eli mr-isal ........ ..# A RV al isma=13: R-2 ...... m, 0_,•• EL'Inh. e w Wigl...— R-ZOLZ ince•..-0.4 :M=2,=1:01471411111111 --.- 111111rommra.i.oll111111 inommom nitC-2,C-Z ! .I` I i 0.1 NM R-3 R -210-7Z -: Ar:4441"C. t 2jhilb. NE= Rat -se === nor 1=. POW 111.11 !,C -Z R 1E10, 1T,F4. 311111111,1r:/ 7 C12\ el,0112 UNWERSITYAVE. -4 A-1 R-24 / 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, 2014 Requested Rezone Area From R-2 to C-2 NE Corner of Ansborough Ave & Upton Ave Rezone "R-2"to "C-2" Zlatko Kuduzovic JON,el\ s . Il:,. 1 o so o 1 o am r�r100 � Fe KIRK D. ESCHUMAN, P.I.S., IA. LIC. NO. 9961, 819 SYCAMORE STREET. WATERLOO, I.A. 5U703-4729 PHONE: 319-234-0509 FAX 319-230-3597 COPYRIGHT AA PORPERTY R GHTS IN THESE OCCUMENTS ARE EXPRESSLY RESERVED EY KESS & ASSOCIATES, INC. NO REPRODUCTIONS. COPIES OR CHANGES IN ANY MANNER ORAL_ BE MADE WITWOUT OSTAINING PRIOR WRITTEN CONSENT FROM KESS It ASSOCIATES, INC. REZONE REQUEST PLAT: KUDUZOVIC PROPERTY AT ANSBOROUGH & UPTON AVENUES I i T \ �, LEGAL DESCRIPTION: 1 1E'N 'c. (SEE ATTACHMENT: EXHIBIT "A") II \'. NST .. Cartir '171)6A,,., YON4.1 101- 1 1 b6� et `' 7 0BB 4" .N,,.. GPt4E C 0 e TO Il a 50.09 FT. nS E A Oio `>;1tim '"r3 9 v O g 5ir C � NTAAT o� N P1.'"Q • V. P 01 V.0. 05 GAD O O AF.a Joy HARRY HUMMEL'S SUBDIVISION OF LOT HUMMEL ADDITIOI+ wy "c' 5 40.5 FT. 40.5 FT. 405 FT. 88925'28'W - 116.68 FT.giff— a y II I PLAITED 100 FT. ALLEY - IMJOJC Miff OF WAY 0 FT 30.5 FT. 40.5 FT. o a 780, Ft S8925'26"E - 181.91 H. 405 FT. 400 FT. GO 40.5 1'1 P.C. COK#1E 099ER AW 1/4 1/4 OHO SED..RDERNW (E01/4D ADOLF (PUNE MSC; N P.C. OGRE') SOUK UNE NW 1/4, STCT1O14 22, T89N, R13W CENTERLINE OF PLA ItU 50.0 FT. PUBLIC RIGHT OF WAY NORTH UNE SW 1/4, 0=CT10N 22, T89N. R13W UPTON AVENUE 120.0 FT. I !I PART OF In LOT I GALL 11 W I-IZREBY CERTFY THAT THIS LAND SURVEYIN> DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED DY ME OR UNDER MY DIRECT PERSONAL SUPER �Ip �',.... T I AM A DULY LICENSED LAND SURVE +•4 `� tN TW _1». _ OF THE STATE OF IOWA. KIRK D. ESCHLIMAN,F'.L.S. IOWA I C. 140. 9961 MY LICENSE RENEWAL DATE IS DECEMBER 31, 20'5 PACES DP. SHEETS COVERED BY MS 51514111E & SEAL SWEET ' 4 2 OF 1 LOT 71 1ST ADDITION oZ oZ r4 CURRENT OWNER. ADIS KUDUZQVIC & ECIS KUDLZOVIC PER BUCK HANK CCUVTY RECORDER'S OFFICE: DOCUMENT NO. 2014-0019856 PREPARED FOR: ADIS KUDUZOV1C & ED5 KUDUZOVIC UN -ASSIGNED ACUR;SS UP IUN AVENUE WATERLOO, IOWA 50701 REQUESTED BY: ZLATKO KUDUZOV1C WA ILRLOO, IOWA 50701 KESS Sc ASSOCIATES, INC.. 819 SYCAMORE ST., WATERLOO, IOWA 50703-4729 PHONE. (319) 234-0509 UA IL LT FREIE 'NARK: SEPTEMBER 24, 2014 DWG. DATE: 09/25/2014 0051114 BY: KD.E. CARD FILE: 14826-R2144 PROJECT NO.: 14826 GRAPHIC SCALE 40 BO 'nch y 40 Ft. ' DENOTES ASSUMED BEARING "" DENOTES MONUMENT FOUND "b” DENOTES MONUMENT SET 0.90' DENOTES RECORD DIMENSION (0.00') DENOTES FIELD DIMENSION .,� CsJ z 0 O 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 lane 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 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. J Signature of Applicant �<r1 4.A Date Signature of Owner NOTE: IF applicant is not the owner of the property, the signature of the owner must be secured. 14B26 -REZONING -APPLICATION -0 I SHEET 1 OF 1 ate NE Corner of Ansborough Ave and Upton 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 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" Commerercial 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 5-00 -2 o 1 n 56c ett j 5-0 2 )tetthg. 31- iq 7J3 Oak, / -314c; 57) bunc1 16731-it4 :702 IP to- 31-/'1 / mfr y 2r_�'-- October 3102014 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" Commerercial 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 !i- I - ice{ U 40:8LIAtitefieLet„ p 6)3 &4 _ d it '.e 4(iii 7I1 4 -?1c �"� 1 r •_ � 5 tN mer Print 11j4/14, 3:03 PM Subject: Rezoning From: Janice Merchant (janicemerchant@yahoo.com) To: jbarmy1960@yahoo.com; Date: Monday, November 3, 2014 4:58 PM Jeff Armstrong, I ,Janice Merchant, do not want the NE corner 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 I of 1 City of Waterloo Planning, Programming and Zoning Commission November 4, 2014 Legend Opposition Rate 51.67% Opposed to Rezone Request Not Opposed to Rezone Request NE Corner of Ansborough Ave & Upton Ave "R-2" to "C-2" Zlatko Kuduzovic �' w E _I�. s /_ 4„ �_,� * ,, r-�, 'tqtyRezone 150 75 0 150 drerbuo \o� fFeet ATTACHMENT: EXHIBIT "A": ZONE "C-2" DESCRIPTION: A PARCEL OF LAND LOCATED 1N 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 STATE OF IOWA, } Black Hawk County, SS NOTICE OF PUBLIC HEARING ON REZONING TO WHOM IT MAY CONCERN: Notice is hereby given that on the 1st day of December, 2014, at 5:30 p.m. in the Harold E. Getty Council Chambers, in the City Hall, City of Waterloo, Iowa, a public hearing will be held by the Council of the City of Waterloo, Iowa, on the request by Zlatko Kuduzovic of Waterloo, Iowa 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, 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. 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 17th day of November, 2014. Suzy Schares City Clerk I do solemnly swear that the annexed copy of legal City of Waterloo Public Hearing on Rezoning: Zlatko Kuduzovic Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once commencing on the 19th 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 $24.86 Cod?.rnw�IA A Signed Subscribed and sworn to before me this Day of fAoRr A.D., 20 '� Received of Notary Public the sum of Dollars. In full for publication of the above notice. JODI E MCKi�1STRY COMMISSION NO.762413 my cOpi .M • ES CITY OF WATERLOO Council Communication City Council Meeting: December 1, 2014 Prepared: November 19, 2014 Dept. Head Signature: PH # of Attachments: 1 SUBJECT: YOUNG ARENA LEASE AND USE AGREEMENT Submitted by: Paul Huting, Leisure Services Director Recommended City Council Action: Approve and authorize the Mayor Clark to sign Young Arena Lease and Use Agreement with Waterloo Black Hawks Hockey, LLC, with recommendation of approval from the Leisure Services Commission. Summary Statement: This lease has been negotiated with Waterloo Black Hawks Hockey LLC., current owners of the Waterloo Black Hawks Hockey team. The lease was written by Chris Wendland in the City Attorney's office. This is a 2- year lease with a 5 -year extension option. The proposed lease document is included in this submission. Expenditure Required: NA Source of Funds: NA Policy Issue: NA Alternative: NA Background Information: The Leisure Services Commission, at the November 10, 2014 meeting, voted unanimously to recommend that Council approve this lease. Representatives of Waterloo Black Hawks, LLC will be present at the Council meeting to answer questions. The main changes are: 1) This is a 2 -year agreement running through May 31, 2016 with 5 -year renewal option, subject to financial review and the City's consent. 2) Allows for expanding BHH operations by moving of the souvenir store to the current arcade location, building and operating a new food and beverage facility in that location (areal), and allowing BHH to occupy and run the existing NE food and beverage stand (area 2). 3) Outlines shared use and maintenance costs for the new video board with Black Hawks paying for 80% of maintenance and repairs. 4) Parking language was modified, removing the 900 required spaces but allowing BHH access to all City owned parking within 2000 ft. of the arena before, during and after games. It allows the SportsPlex and Arts Center to reserve parking as needed. 5) Allows BHH additional advertising space on concourse walls and main north facing exterior. 6) Expands from 2 to 4 the number of allowed BHH outdoor tailgate parties with food and beverage to be sold by BHH. 7) Allows BHH to have pre -game specials at their stands from 6pm to 6:45pm. 8) Requires City pay to BHH 10% of all gross Concessions sales revenues from all Black Hawks hockey games. 9) Requires BHH to pay to City 10% of all gross Concessions sales from concession area 1 for all Black Hawks Hockey games. 10) Requires BHH to pay to City 20% of gross revenues from alcohol sales and 10% of gross revenues from food and other sales from concession area 2 for all games. 11) Outlines requirements for BHH alcoholic beverage licensing and dram shop insurance. YOU LEASE AND USE AGREEMENT Young Arena This Lease and Use Agreement hereinafter referred to as (the "Agreement'] is made and entered into this -day as of —, 20014, by and between Waterloo Black Hawks Hockey, Inc., a Wisconsin corporation (hereinafter referred to as "BHHLLC, an Iowa limited liability company ("WBH"), and the City of Waterloo, Iowa, a municipal corporation operating by and under the laws of the State of Iowa, which necessarily includes the Leisure Services Commission and Young Arena (hereinafter referred to ascollectively, the "City"). RECITALS WHEREAS, the City of Waterloo owns a public multi -use complex known as Young Arena; and WHEREAS, BHHWBH owns and operates a hockey team known as the Waterloo Black Hawks and desires to lease Young Arena from the City of Waterloo, Young Arena; and WHEREAS, BHH WHEREAS, the City acknowledges the significant economic and entertainment value that WBH contributes to the City of Waterloo and the residents of the Cedar Valley, and the parties acknowledge that a constructive and mutually beneficial working relationship between the parties is essential to the continued economic viability of both WBH and Young Arena; and WHEREAS, in order to improve the environment for hockey in the City of Waterloo, WBH will reinvest net revenues into the hockey program and related facilities; and WHEREAS, WBH and the City desire that this Agreement shall set forth their full and complete understanding of the terms and conditions under which BHHWBH will schedule and play the home games, hold practices, and conduct other ice activities as set forth below, conduct other business in the premises, and occupy certain portions of said facility on a year round basis. NOW, THEREFORE, FOR AND IN CONSIDERATION of the use of the premises, the mutual promises and covenants herein contained, and other good and valuable consideration, the receipt: and sufficiency and adequacy of which are expressly acknowledged, BHHWBH and the City, each intending to be legally bound, do hereby mutually agree as follows: I. DEFINITIONS (1) Arena - The term "Arena" shall mean the building commonly known as Young Arena, located at 125 Commercial Street, Waterloo, Iowa 50701. (2) Hockey Season - The term ``Hockey Season_ shall mean and include at least thifty (-30twenty-eight (28) regular season games as scheduled by the League and any all-star, play-off or post -season games, and pre -season games. The parties contemplate that the season will begin in September of each year and end in MafehApril or AprilMay of the following year, the exact date being dependent upon the League schedule and whether BHHWBH participates in any play-off or post -season games. Page 1 (3) League - The term "League" shall mean and include the United States Hockey League, or any successor or substitute association of hockey teams to which BHHWBH may hereafter belong or become affiliated. Young Arena/City of Waterloo approval is necessary prior to any league modifications or transformations. (4) Hockey Game - The term "Hockey Game" shall mean pre -season, regular season, and post - season events of the Waterloo Black Hawks as scheduled by the League. (5) Team Merchandise & Novelties - The term "Team Merchandise & Novelties" shall mean any and all articles of clothing as well as any and all items such as pennants, posters, buttons, sticks, pens, mugs, etc., which bear the name and/or logo of the hockey club owned by BHHWBH, and the name and/or logo of the League. II. TERM; OPTION TO RENEW (1) The term of the Agreement shall be for five years expiring, June 1, 2009. BHH hascommence as of September 1, 2014 and expire on May 31, 2016. WBH shall have the conditional option to renew the terms of this Agreement, after the termination date, for an additional five (5) years with mutual agreement with the City of Waterloo, subject to City's consent. By March 31, 2009, BHH2O16, WBH shall exercise its option to renew the terms of this Agreement for an additional five (5) years by giving written notice of that intent to Chris Dolan or his successor and City. Promptly thereafter, the parties will, in good faith, evaluate the financial performance of the terms of this Agreement and determine whether any modifications of the terms are necessary to maintain the Mayor as relationship on a fair and sound financial footing. Any modifications shall be set out in Division XXI entitled Noticcforth in writing as an amendment to this Agreement to be effective for the renewal term. (2) Continuation. Continued possession beyond the expiration date of the term of the Agreement, and absent a written agreement by both parties for an extension of the Agreement or for a new lease, shall constitute a month-to-month extension of the Agreement. III. USE OF PREMISES (1) The City leases Young Arena to BHHWBH for the purpose of regularly scheduled hockey gamesHockey Games, practice sessions, and try -out camps during each year of this Agreement, and for no other purpose whatsoever; without the prior written consent of the City. (2) BHHWBH shall be the exclusive hockey club of Young Arena. Except for long standing commitments, BHHWBH shall have first right to schedule practice and game times in the facility, provided that the parties shall cooperate in scheduling a limited number of major wrestling or other special events, and City will provide advance notice to WBH of such events in connection with WBH's scheduling process for the following season. (3) BHHWBH shall have the exclusive right to occupy and/or use certain areas of the Arena on a year-round basis..-, and WBH shall be responsible for securing same. The areas are limited to the following: (i) BHHWBH business office and ticket office Page 2 (ii) BHHWBH equipment storage room and two additional storage rooms (iii) BHH coaches office (iii) BHHWBH coach and assistant coach offices (iv) WBH locker room and cardio room (v) 131414WBH team room (vi) Laundry room (v)(vii) WBH souvenir store —known as the Hawk's Nest (viii) One additional souvenir store and two (2) additional concession areas on the upper level in area as shown on plans to which the parties mutually agree (ix) Video and audio equipment storage and production rooms located on the main concourse. (4) BHHWBH shall be permitted the use and occupancy of the following areas within the Arena during BHHWBH events: (i) the Arena (ii) visiterVisiting team locker rooms (iii) €First aid room / video room (iv) gGame official's dressing room (v) space to sell souvenirs and programs (vi) Keller Conference room: VIP activities/post game autograph sessions (5) Ice time shall be made available to Black Hawks three (3) times during the Hockey Season for thirty (30) minutes before or after a Hockey Game (not including Zamboni time) at no additional charge. (6) Ice shall be made available during the months of June through August for 1HIHWBH try -out camps. Dates, on dates to be mutually agreed upon with the City at least forty-five (45) days in advance of the date of use. (7) The City is permitted to make use of WBH's video board for events at the Arena other than Hockey Games, provided that the City is responsible for costs charged by WBH's third - party operator for such uses by the City or its permitees. WBH will pay 80% and the City will pay 20% of all costs and expenses of maintaining and repairing the Daktronics video board and related components, unless said maintenance or repair is necessary due to the sole negligence of one of the parties, and then that party shall be solely responsible for the cost of the maintenance or repair. All costs of operation, with the exception of utilities, for Hockey Games and other uses by WBH shall be the responsibility of WBH. IV. STAFFING AND SERVICES (1) BHHWBH shall furnish off-duty uniformed police officers at each Hockey Game. The City agrees to pay 50% of the fees. WBH shall also furnish at least one employee or intern to be present for support purposes at each Hockey Game, at least one hour before the game, and after the game until the visiting team has left the premises. (2) The City shall provide the following services in connection with WBHH's use of the Arena: Page 3 (i) ice in good and suitable condition for the performance of hockey, as determined by Young Arena staff, WBH staff, and USHL Director of Hockey Operations; (ii) boards in good and suitable condition for the performance of hockey;, meeting the most current operating standards of the USHL and USA Hockey. If replacements or upgrades are necessary, the parties will negotiate an agreement to share the cost. (iii) proper on -ice marking for lines and face-off circles; (iv) electrical light, heat, and air conditioning; (v) janitorial services inside the building; (vi) reasonable snow and ice removal outside of the building. If WBH has a complaint or issue to address with respect to any of such services, it shall notify City's Arena staff in writing within two (2) business days after such complaint or issue arises, and City staff shall respond to such notice as soon as reasonably possible. If WBH is not satisfied with the response of City staff, WBH may appeal within five (5) business days by notifying City's Young Arena Committee, which shall respond within five business (5) days. If WBH is not satisfied with the response of said Committee, the parties shall engage the services of a mutually agreed upon consultant with professional credentials and expertise in the area of dispute, the cost of which shall be shared equally between the Parties. The findings of the consultant shall be presented to the Arena Staff, Young Arena Committee and the WBH. The parties shall agree to implement the findings and recommendations of the designated consultant and will equally share the costs of implementation. (3) WBH will pay 50% of actual expenses incurred by City for laundry expenses, including but not limited to detergent and cost of washer and dryer repairs and maintenance, payable within thirty (30) days after billing by City. (4) WBH will pay $100.00 per month for unlimited use of the ozone air -purifying machine, payable in advance on or before the first day of each month. V. PARKING downtown area. (2) BHH has WBH shall have free and uncontrolled access to all City owned parking facilities within 2,000 feet of Young Arena, beginning two (2) hours prior to start of any WBH home game and concluding one (1) hour after the conclusion of the game, subject to the right of the Center for the Arts to control its parking areas in connection with special events and the SportsPlex to control its parking areas in connection with special events or, to a lesser extent, the needs of its regular patrons. WBH have the right to receive all parking revenues. BHH from use of the Young Arena lot. WBH shall provide the personnel needed to operate parking spaces. BHH shall inform the City areas. Page 4 VI. PRACTICE Practice ice shall be made available Monday through Friday from 1:00 p.m. through 3:00 p.m. at a rate of sixty six dollars ($$66.00) per hour during the ice Hockey Season. Payment shall be remitted to City within thirty (30) days after the end of each month. VII. SCHEDULING (1) The BI4I4WBH hockey club is the primary tenant of the Arena and shall have first right to schedule game dates and practice times in Young Arena. (2) BHHWBH understands and agrees that any additional dates, times and/or rates concerning the use of Young Arena must be renegotiatedseparately negotiated with the City. (3) The City reserves the right to change athe date of a Hockey Game, subject to notifying BHHWBH in writing sixty (60) days in advance of the Hockey Game. The City shall assist in advertising any date change for a Hockey Game. (4) The following persons shall be authorized to schedule ice time and make any cancellations to bind BHHWBH: President, Chief Operations Officer, Head Coach or the Head Coach's designee. VIII. SIGNS (1) BHHWBH is authorized to sell advertising in all public areas of Younginside the Arena. BHHWBH shall retain all revenues derived from such sales. Signs to include but not be limited to: (i) Dasher boards (ii) On -ice logos (iii) Back -lit signs (iv) Scoreboard (v) Ice resurfacer(s) (vi) Restroom walls (vi) Restroom walls (but no restroom wall advertising until 80% of dasher board signage is sold and in place) (vii) Press box (viii) Arena concourse walls (ix) Main north facing exterior window and door surfaces and main entrance glass, provided that such signs comply with the ordinances of the City of Waterloo and further subject to Young Arena Committee approval, the approval of which shall not be unreasonably withheld. (2) BHHWBH will bear all costs associated with the production, implementation and maintenance of all signage. Page 5 (3) The City shall advertise each (1) The City shall advertise each BHHWBH Hockey Game in and on any advertising medium controlled by Young Arena, including calendar of events, marquee, etc. IX. BROADCAST RIGHTS (1) BHHWBH shall have the exclusive rights to broadcast, televise and cablecast all events which may be scheduled, promoted and held by BHHWBH in Young Arena during the term of the Agreement and shall retain all revenues which may be generated thereby. (2) BHHWBH may use the press boxes and/or other agreed upon areas for the purposes set forth in the above paragraph. (3) Except for any costs incurred by the City, there will be no fees for radio or television broadcasts that originate from the Arena. (4) Telephone bills for radio broadcast out of Young Arena are to be directly billed to BHHWBH, and BHHWBH shall make all necessary arrangements to that end with the telephone company. X. CONCESSIONS (1) TheExcept as set forth in this Section X, the City shall have the exclusive right to operate any and all concessions,Concessions in the Arena and on the Arena grounds. For purposes of this Section X, "Concessions" means all sale and offering of food and beverages of any kind, including but not limited to hot food, packaged food, snacks, candies, and alcoholic and non-alcoholic beverages, whether provided through restaurants, catering, and alcoholic beverage sales in the Arenavending machines, or otherwise. (2) BHHExcept as set forth in this Section X, WBH shall not sell or give away any feed, beverages, refreshments, or candiesConcessions without prior written approval from the City. Such items, whether purchased or provided as special promotion by corporate sponsors-, when approved by the City are to be given away and not charged to patrons. (3) BHHWBH shall be allowed to hold eve-(2four (4) outdoor tailgate parties that include food and beverage provided by BHHWBH each Hockey Season. BHHWBH shall be responsible for obtaining all permits and insurance therefor. The City of Waterloo, and for proper cleanup and trash disposal thereafter. City approval shall be necessary prior to these events, the approval of which shall not be unreasonably withheld. If WBH sells food or beverages at a tailgate party, it shall be deemed a Concession area subject to the revenue sharing provisions of Section X(6) below. (4) WBH may construct two (2) Concession areas. Area 1 (which will occupy the current Party Town Outfitters location) will be designated for the operation of a sponsor -themed bar or lounge facility serving alcoholic beverages. Area 2 (which is the current concession area in the Page 6 northeast portion of the upper level of the Arena) will be designated as a sponsor -themed food and beverage concession. All designated WBH concession areas will be operated in accordance with plans and specifications as agreed by the parties, the agreement to which shall not be unreasonably withheld. WBH shall be responsible for all costs and expenses of any type or nature in any way relating to construction, maintenance, repair, upkeep, renovation and operation of such areas, including but not limited to utilities, trash disposal, and cleanup. If modifications are necessary to plumbing, electrical, or other systems outside of the Concession areas in order to accommodate the Concession area improvements, WBH shall be responsible for all related costs and expenses. All Concession area improvements shall be constructed according to applicable federal, state and local building codes and shall comply with all applicable City ordinances and other applicable law. WBH shall coordinate with the City for access, scheduling, and other aspects of constructing the Concession areas. WBH's work of construction shall not interfere with the City's operation of its own Concession areas or of the Arena in general. (5) WBH shall operate its Concession areas in compliance with all local and state laws and regulations governing public health, sanitation, the sale of food and beverages, and alcohol licensing. City shall provide reasonable cooperation in the processing of WBH's alcohol licensing applications at the local and state levels. The offer or sale of Concessions of any type is subject to the terms and limitations of any prior vending agreements applicable to the Arena. At present, Pepsi Beverages Company has exclusive rights to offer and sell (a) carbonated and non -carbonated non-alcoholic beverages (other than fresh brewed hot coffee, hot chocolate and milk) distributed in pre-packaged form such as bottles and cans and (b) snack food products distributed under trademarks of Frito-Lay, Inc. and its affiliated companies, and snack food products of the same type. WBH may sell Concessions only in the designated Concession areas in connection with Hockey Games and at no other time or location in the Arena. Neither party may sell alcoholic beverages of any kind after the end of a Hockey Game. If WBH sells the same beer or other beverages in the Concession areas that the City sells elsewhere in the Arena, the price shall be no less than the price charged by the City, except that solely during the hours of 6:00 p.m. until 6:45 p.m. food and alcoholic beverages may be sold at WBH's Concession areas at a price below the price charged by the City -run concessions. WBH may not sell the same types of food items as the City sells, and WBH's alcohol license shall not interfere with the City's ability to sell alcohol anywhere in the Arena or with the ability of patrons who purchased alcohol from a City -run Concession stand to carry such alcohol anywhere in the Arena. WBH or its third -party operator may not sell alcoholic beverages from Concession Area 2 other than what is allowed under a beer or wine permit. (6) WBH shall pay to the City ten percent (10%) of all gross food and beverage products sales revenues that WBH receives in connection with operation of its Concession areas during regular season and play-off Hockey Games„ provided, however, that with respect to such revenues derived from the operation of Concession Area 2, WBH shall pay to the City twenty percent (20%) of all gross sales revenues from alcohol sales and ten percent (10%) of gross sales revenues from food sales. Said payment shall be remitted monthly. (7) The City shall pay to WBH ten percent (10%) of all gross sales revenues that the City receives from Concession sales conducted by the City during regular season and play-off Hockey Games. Said payment shall be remitted monthly. The City's duty to make payments under this Page 7 paragraph shall not commence until WBH has begun to sell food and beverages from its Concession areas. XI. PROGRAMS (1) BHHWBH shall have the exclusive rights and retain all revenues generated from any publications (including programs, yearbooks, scorebooks) which it may sell on the Arena premises. (2) The City shall provide space for BHHWBH to sell programs at each game. XII. TEAM MERCHANDISE AND NOVELTIES (1) 1WBH has the exclusive right to sell Team Merchandise & Novelties. BHH has the exclusive right and to retain all profits from - - - . -• - - . - : such sales. (2) The City shall provide space for BHHWBH to sell Team Merchandise & Novelties at each game -LL XIII. RENTALiFEES (1) BHHWBH agrees to pay the City One Hundred Seventy five Dollars ($$1753.00 for each regular season Hockey Game at Young Arena. For attendance between two thousand seven hundred (2,700) and three thousand five hundred (3,500), no game fees may be charged. There shall be no game fees for exhibition/_pre-season and playoff games held at Young Arena. A One Thousand Dollar ($$1,000).00 rebate will be issued to BHHWBH for each Waterloo Black Hawks playoff game held at Young Arena. Payments for regular season games are due in advance on or before the first day of each month in which a game is scheduled. Rebate payments will be made to WBH within thirty (30) days after conclusion of WBH's post -season games. (2) BHHWBH agrees to pay the contracted ice user rate for all try -out camps and youth hockey camps, payment to be made within thirty (30) days after conclusion of each camp. (3) BHHWBH agrees to pay a monthly rental fee of Three Hundred Dollars ($$300.00) for the combined use of the following, due and payable in advance on or before the first day of each month during the term of this Agreement: (i) BHHWBH business office and ticket office (ii) BHHWBH equipment storage room and two additional storage rooms (iii) BHH coaches office (iii) BHHWBH coach and assistant coach offices (iv) WBH locker room and cardio room (v) WBH team room (iv)(vi) Laundry room Page 8 XIV. PAYMENT PROCEDURES (1) The procedures set forth in this Section XIV shall apply to any obligation of payment under this Agreement that one party has to the other. Within ten (10) days following the end of each month, each party shall deliver to the other an itemization showing all amounts payable by such party, or chargeable by such party to the other party, with respect to the month just ended. As to revenue sharing for Concessions, within the same time each party shall deliver to the other a point-of-sale report or, if such a report is not available, a summary of Concession sales, in either case to itemize sales at least by category. The parties shall promptly cooperate and confer to address any concerns or discrepancies so that payment can be made in accordance with paragraph (2). (2) Within sixty (60) days after the end of each month, following evaluation of the reports and information exchanged pursuant to paragraph (1), the party that has a net payment obligation to the other party for the preceding month shall remit payment in full to the other party. The intent is that a single check will generally be written each month to cover the mutual financial obligations of both parties in order to reduce the parties' administrative burdens. (3) Each party shall have the right, at its own expense, to audit, inspect, and copy the books and records of the other, and/or to receive copies of any of invoices or receipts, with respect to any receipt, cost, or item which is included in calculations under Article X, upon 10 days advance written notice by the other party. This right may be exercised only once per month. (4) Unless expressly stated to the contrary elsewhere in this Agreement, all payments are due and owing no later than sixty (60) days after the end of the month from which the payment obligation arose. Any sum owed by one party to the other that is not paid by the due date thereof shall bear interest at the rate of eighteen percent (18%) per annum, compounded monthly, until paid. XV. INSURANCE BHH(1) WBH shall secure at its own expense and provide the City a certificate of insurance naming the City as an additional insured and obtaining a comprehensive public liability insurance policy for bodily injury or death in the minimum amount of Two Million Dollars ($$2,000,000.00) for one person, one occurrence, and Two Million Dollars ($$2,000,000.00) for two (2) or more people on any one occurrence, and property damage in the amount of Two Million Dollars x$2,000,000.00) per occurrence. The certificate of insurance shall be provided within thirty (30) days of the effective date of this Agreement and shall provide for thirty (30) days' advance notice to City before cancellation. A renewal certificate shall be provided to City prior to expiration of any policy. XV(2) WBH shall provide proof of financial responsibility by the existence of a dram shop liability insurance policy as required by law (which coverage may be included in liability coverage required by paragraph (1) above) in the minimum amount of $2,000,000 per occurrence. If WBH or operators of its concession areas will serve alcohol other than beer or wine, the minimum coverage amount shall be $3,000,000 per occurrence. Certificates or copies of said policies, providing for thirty (30) days' advance notice to the State of Iowa before Page 9 cancellation, shall be delivered to City before WBH serves or sells any alcoholic beverages in the Arena. A renewal certificate shall be provided to City prior to expiration of any policy. The indemnity provisions of Section XVI(1) shall also apply with respect to any and all loss, cost, damage, and expense occasioned by, of arising out of, any claim relating to alcoholic beverages dispensed in WBH's concession areas. WBH shall provide to City proof of all licenses required by law prior to the conducting of any service or sale of alcoholic beverages. Lessee agrees to assume all liability for any and all claims and/or causes of action at law or equity or otherwise which may arise from the dispensing of alcoholic beverages in or through WBH's concession areas. XVI. INDEMNIFICATION BHH(1) WBH shall defend and hold the City, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of WBH, its officers, agents, or employees. (2) The City shall defend and hold BHHWBH, its officers, employees and agents harmless from and against any and all liability, loss, expense (including reasonable attorney's fees), or claims for injury or damages arising out of the performance of this Agreement but only in proportion to and to the extent such liability, loss, expense, attorney's fees, or claims for injury or damages are caused by or result from the negligent or intentional acts or omissions of Young Arena and the City, its officers, agents, or employees. XVII. TERMINATION/DEFAULT (1) This Agreement shall automatically terminate upon the written mutual agreementexpiration of the partiesoriginal term or on May 31, 2009, unless the option to renew is timely exercised as set out in Division II. (2) Either party shall be entitled to unilaterally terminate this Agreement if the other party is in default under this Agreement and fails to cure such default within thirty (30) days after written notice of default has been given to the defaulting party, provided that this remedy of termination shall be in addition to any other remedies provided by law or under this Agreementrenewal term. (3-2) In the event that any dispute arising between the parties hereto with respect to the subject matter herein contained cannot be resolved amicably by the parties after reasonable and diligent effort, notice of said default shall be given in writing to the defaulting party, and it shall have fifteen (15thirty (30) days from receipt of such notice within which to correct such default. If the parties fail to agree on the existence, extent or correction of an alleged event of default, then the same shall be submitted for arbitration to an organization licensed in Iowa providing such services as mutually agreed upon. The parties shall select from a list of arbitrators provided by the organization, each having the opportunity to reject names on the list until such time as one name is left. This name would then be the arbitrator selected to resolve the dispute. Page 10 (3) Either party may use any other remedies available to it under applicable law. These remedies will be applied, to the extent allowed by law, cumulatively. No delay in exercising any right or remedy shall operate as a waiver of any right or remedy or modify the terms of this Agreement. (4) If either party institutes any suit or action to enforce its rights hereunder, the successful party in such suit or action shall be entitled to recover from the other whatever sum the court may award as reasonable attorneys' fees in such suit or action and in any appeals therefrom. XVIII. ASSIGNMENT; SUBLEASE Neither this Agreement, nor the rights, privileges, duties nor obligations of the parties hereunder,. may be assigned or delegated without the prior written consent of the other parties; and such consent will not be unreasonably withheld. WBH may sublease the premises on a temporary, short-term basis, but only with the prior written consent of City and only if the sublessee agrees in writing to be subject to all of the terms and conditions of this Agreement that are applicable to WBH. This Agreement constitutes the entire Agreement between the parties hereto with respect to the embodied herein or incorporated herein by reference. XIX. SEVERABILITY remain binding and in full force and effect. XXXVIX. OPERATIONS REVIEW Between April 15 and May 15 of each year of the Agreement, WBH and City will meet to review the previous year's operation, including but not limited to the following: (1) seating (2) parking (3) advertising (4) ice surface area and condition (5) accommodations - locker rooms, office areas, etc. The purpose of this review is not to change the terms of this Agreement, but rather to address annually the legitimate concerns of each party and to jointly resolve those concerns to the extent practical. If the concerns of each party cannot be satisfactorily resolved, the dispute will be resolved according to Section XVI(3XVII(2) above. Page 11 XIXX. NOTICE Any and all notices required or permitted to be given hereunder shall be deemed given when actually received, if delivered personally, orwhen-two (2) business days after mailing if mailed. if deposited with the by U.S. Postal Service, first class postage prepaid, certified or registered or certified mail, return receipt requestedpostage prepaid, and addressed as follows: (1) BHH W. B. Johnson WBH Waterloo Black Hawks Hockey, Inc.LLC Attn: P. O. Box 810K. O'Handley 9676 N. Kruger Rd. Hayward, WI 51813 (2) Young Arena Chris Dolan or successor Young Arena (32) City of Waterloo Mayor City of Waterloo 715 Mulberry St. Waterloo, IA 50703 With copy to: Young Arena 125 Commercial St.Street Waterloo, IA _50701 Attn: Chris Dolan (or successor facility manager) 125 Commercial St. Waterloo, IA 50701 XXI. GENERAL TERMS (1) Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. (2) This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. (3) If any provision of this Agreement shall be waived or be determined to be invalid, illegal or unenforceable, the remaining provisions of this Agreement shall be unaffected thereby and shall remain binding and in full force and effect. (4) This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter herein contained. There are no agreements or understandings between the parties hereto, whether oral or written, regarding the subject matter hereof, which have not been Page 12 embodied herein or incorporated herein by reference. This Agreement is binding upon and shall inure to the benefit of the parties and their respective successors and assigns. It may not be modified or amended except in a written instrument signed by the parties. IN WITNESS WHEREOF, the parties have entered into this Lease and Use Agreement by their duly authorized representative as of the date first set forth above. ATTEST: Nancy Eckert CITY OF WATERLOO, IOWA By: - Tim Hurley Ernest G. Clark, Mayor Attest: STATE OF IOWA ) ) ss. BLACK HAWK COUNTY ) Suzy Schares, City Clerk On this day of , 2001, before me, the undersigned, a Notary Public in and for the State of Iowa, personally app arcd Tim Hurley and Nancy Eckert, to me instrument is the corporate seal of the corporation, and that the instrument was signed and sealed adopted by the City Council, under Council Action No. of the City Council on the day of , 2003, and that Tim Hurley and Nancy Eckert wedged the execution of the instrument to be their voluntary act and deed and the Acknowledged before me on , 2014 by Ernest G. Clark and Suzy Schares, as Mayor and City Clerk, respectively, of the City of Waterloo, Iowa. Page 13 Notary Public Page 14 WATERLOO Notary Public in and for the State of Page 15 BLACK HAWKS HOCKEY, INGLLC By: - William B. Johnson, President Title: STATE OF WISCONSINIOWA ) _ss. S nn xx BLACK HAWK COUNTY ) Acknowledged before me on , 2014 by of Waterloo Black Hawks Hockey, LLC. Notary PublicOn this day of , 2001, before me, the as Page 16 Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, 319-291-4323. RESOLUTION NO. 2014-1021 RESOLUTION APPROVING LEASE AND USE AGREEMENT WITH WATERLOO BLACK HAWKS HOCKEY, LLC AND DIRECTING EXECUTION OF SAID AGREEMENT BY MAYOR. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Lease and Use Agreement dated December 1, 2014, for the Waterloo Black Hawks Hockey, LLC to lease Young Arena commencing as of September 1, 2014 and expiring on May 31, 2016, with a five-year renewal option, by and between the Waterloo Black Hawks Hockey, 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 1St day of December, 2014. ATTEST: Suzy Sc ares, CMC City C1-rk nest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: December 1, 2014 Prepared: November 21, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. 2 - $22,760.41 INCREASE F.Y. 2014 ASPHALT OVERLAY PROGRAM CONTRACT NO. 857 Submitted by: Jamie Knutson, PE, Associate Engineer Recommended City Council Action: Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. Please execute all three (3) copies and return two (2) to our office for further processing. Summary Statement Transmitted herewith is Change Order No. 2 in the increased amount of $22,760.41. This is the accumulated amount of adjustments from field changes on plan quantity bid items that were determined necessary during the construction of the project. Expenditure Required Source of Funds Local Option Sales Tax Funds Policy Issue N/A Alternative None Background Information: CITY OF WATERLOO, IOWA CHANGE or EXTRA WORK ORDER NO. 2 PROJECT: F.Y. 2014 ASPHALT OVERLAY PROGRAM , CONTRACT NO. 857 Date Prepared: November 21, 2014 AMOUNT: $ 22,761.41 Increase TO: Aspro, Inc. , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated February 17, 2014. A. B. C. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quantities and the addition of the library parking lot. Reason for ordering change or extra work: As -built quantities varied for some bid items. Settlement for cost of work to be made as follows: Compensation already made to contractor through original bid items. See attached summary. CITY OF WATERLOO BY: Total Net Increase $ 22,760.41 Mayor ATTEST: Aspro, Inc. Date CONTRACTOR City lerk Date t .. Date .bsa-k-10- PRINTED NAME: TITLE: ffe5iderit" APPROVED: lr/ /Z(.21/4Y City Engineer Date F.Y. 2014 ASPHALT OVERLAY PROGRAM CONTRACT #857 F1NAL UANTITY SUMMARY DIVISION I (Streets) BID ASPRO ORIGINAL FINAL QUANTITY a ,, a . ` xi • L Ma UNIT PRICE OUANTITY OUANTITY DIFFER@NCE INCR/J)F.CR I REMOVE AND RELOCATE E-I INLET EACH $ 3,595.00 1.00 1.00 - $ 2 REMOVE AND REPLACE E-1-C EACH $ 3,095.00 9.00 9.00 - $ (USE EXISTING CASTING) 3 REMOVE AND REPLACE INTAKE BOXOUT/E-I-C EACH $ 1,595.00 3.00 2.00 (1.0000) $ (1,595.00) 4 REMOVE AND REPLACE INTAKE BOXOUT/E-2-C EACH $ 2 490.00 1.00 100 $ 5 FURNISH E-1-C INLET CASTING EACH S 875.00 1.00 2,00 1.0000 S 875.00 6 REM/REP RA INLET TOP EACH $ 2,575.00 1.00 1.00 - $ 7 REM/REP RA INLET TOP AND THROAT EACH $ 3,895.00 1.00 0.00 (1.0000) $ (3,895.00) 8 REMOVE AND REPLACE MH BOXOUT EACH S 1,425.00 12.00 9.00 (3.0000) S (4,275.00) 9 STORM SEWER, 10" TRUSS LF $ 75.00 44.00 44.00 - S 10 RF-I9C (RODENT GUARD) EACH S 155.00 20.00 4.00 (16.0000) S (2,480.00) 11 REMOVE AND REPLACE S/W OR D/W, 6" PCC SF $ 5.00 746.00 635.70 (110.3000) 5 (551.50) 12 REMOVE SIDEWALK SF $ 1.10 1,736.10 2,000.50 264.4000 $ 290.84 13 SIDEWALK, 4" PCC SF $ 3.75 1,173.00 1233.40 60.4000 S 226.50 14 SIDEWALK, 6" PCC SF S 5.50 605.10 901.50 296.4000 $ 1,630.20 15 SIDEWALK CURB SECTION LF S 15.00 78.00 93.00 15.0000 S 225.00 16 PEDESTRIAN RAMP DETECTABLE WARNING SURFACE SF S 30.00 154.00 192.00 38.0000 S 1,140.00 17 TOPSOIL REMOVAL FROM PARKING SY S 10.40 131.20 19.80 (111.4000) $ (1,158.56) 18 TOPSOIL SY S 16.75 12.70 12.40 (0.3000) 5 (5.02) 19 REMOVE AND REPLACE 24" C & O/6"PCC LF 5 18.00 40.00 15.70 (24.3000) 5 (437.40) 20 REMOVE AND REPLACE 24" C&G/8" PCC LF S 23.00 10.00 50.10 40.1000 5 922.30 21 REMOVE AND REPLACE 24" C&G/9" PCC LF S 25.00 74.00 104.50 30.5000 S 762.50 22 FULL DEPTH PATCH, REM/REP 6" PCC SY $ 62.99 38.90 153.50 114.6000 S 7,218.65 23 FULL DEPTH PATCH, REM/REP 9" PCC SY S 89.87 30.60 54.90 24.3000 S 2,183.84 24 REM/REP SANITARY SEWER, 8" TRUSS LF $ 305.00 10.00 12.00 2.0000 S 61000 25 REM/REP SANITARY SEWER, 10" TRUSS LF S 750.00 4.00 6.00 2.0000 $ 1,50000 26 SANITARY SEWER SERVICE, 6" LF 5 350.00 5.00 0.00 (5.0000) S (1,750.00) 27 3/4" ROADSTONE TON 5 80.00 10.00 0.50 (9.5000) $ (760.00) 28 RECYCLED ASPHALT TON 5 65.00 442.00 252.70 (189.3000) 5 (12,304.50) 29 PAVEMENT SCARIFICATION SY S 6.45 4,281.10 4,659.80 378.7000 5 2,442.62 30 MILL WEDGE EACH $ 2,085.00 48.00 46.00 (2.0000) 5 (4,170.00) 31 CRACK AND SEAT SY $ 2.40 43,893.30 44,453.30 560.0000 $ 1,344.00 32 SURFACE PATCH TON $ 230.00 68.00 15.70 (52.3000) $ (12,029.00) 33 HMA (1,000,000 ESAL) INTERMEDIATE, 3/4" MIX, 60% CR. TON $ 106.60 2,222.60 2,423.60 201.0000 S 21,426.60 34 HMA (1,000,000 ESAL) SURFACE, 12" MIX , NO FRICTION REQD., 60% CR. TON S 110.00 2,383.30 2,255.90 (127.4000) $ (14,014.00) 35 HMA (3 000,000 ESAL) INTERMEDIATE, 3/4" MIX, 75% CR TON S 106.80 4,583.00 4,958.83 375.8299 $ 40,138.63 36 HMA (3 000 000 ESAL) SURFACE, 12" MIX, NO FRICTION REQD., 75% CR TON $ 113.70 3,395.50 3,095.84 (299.6600) 5 (34,071.34) 37 PAVEMENT SAMPLES AND TESTING LS S 5,000.00 1.00 1.0000 - $ 38 INLET UMAR EACH $ 195.00 32.00 23.00 (9.0000) $ (1,755.00) 39 UNIVERSAL MH ADJ. RING OR EQUAL EACH $ 595.00 46.00 38.00 (8.0000) $ (4,760.00) 40 UMARED CONCRETE ADJUSTMENT EACH $ 995.00 12.00 9.00 (3.0000) S (2,985.00) 41 FURNISH AND INSTALL MANHOLE CASTING EACH $ 865.00 1.00 4.00 3.0000 $ 2 595.00 42 PAVEMENT SYMBOLS EACH $ 285.00 2.00 4.00 2.0000 $ 570.00 43 PAINTED PAVEMENT MARKINGS STA S 47.00 341.78 209.47 (132.3100) $ (6,218.57) 44 TRAFFIC CONTROL LS $ 81,400.00 1.00 1.006 0.0061 $ 500.00 1001 REM/REP RA INLET EACH $ 3,712.50 1.00 1.000 - $ - DIVISION I INCR/DECR S (22 613.20) DIVISION II (Sportsplex Parking Lot) DID ASPRO ORIGINAL FINAL QUANTITY ITEM DESC IPTION UNIT UNIT PRICE OU OUANTITY OIIANTITY DIFFERENCEY INCR/DECR 1 PAVEMENT REMOVAL SY 5 22.53 44.40 527.80 483.4000 $ 10,891.00 2 REMOVE AND REPLACE 24" C&G/9" PCC LF S 25.00 22.00 22.50 0.5000 5 12.50 3 CLASS 10 EXCAVATION CY 13.2 194.40 224.00 29.6000 S 390.72 4 MODIFIED SUBBASE TON S 20.90 341.20 261.20 (80.0000) $ (1,672.00) 5 4" HMA, S 12", 60% CR SY 5 25.40 1166.70 1382.30 215.6000 $ 5,476.24 6 D/W APPROACH, 6" PCC SY $ 45.00 22.00 17.50 (4.5000) S (202.50) 7 FENCE REMOVAL LS S 2,500.00 1.00 1.00 - S 8 PAVEMENT MARKING STA $ 47.00 15.22 25.51 10.2900 $ 483.63 9 PAVEMENT SYMBOL EACH $ 100.00 12.00 12.00 - $ - 10 TRAFFIC CONTROL LS 5 2,500.00 1.00 1.00 - $ - 11 HMA (1,000,000 ESAL) SURFACE, 12" MIX , NO FRICTION REQD., 60% CR. TON 5 110.00 0.00 60.00 60.0000 S 6,600.00 12 SURFACE PATCH TON $ 230.00 0.00 3.00 3.0000 $ 690.00 DIVISION II INCR/DECR S 22,669.60 DIVISION III (Library Parking Lot) BIR UNIT ASPRO UNIT PRICE ORIGINAL OUANTITY FINAL OUANTITY QUANTITY DIFFERENCE, INC JDECR ITLM DESCRIPTION _ 1 HMA (1 000 000 ESAL) SURFACE, 12" MIX , NO FRICTION READ, 60% CR. TON $ 110.00 0.00 154.30 154.3000 $ 16,97300 2 PAVEMENT SCARIFICATION SY $ 6.45 0.00 818.90 818.9000 $ 5,281.91 3 PAVEMENT SYMBOL EACH S 100.00 0.00 2.00 2.0000 S 200.00 4 PAVEMENT MARKING STA 5 47.00 0.00 5.30 5.3000 $ 249.10 DIVISION III INCR/DECR 5 22,704.01 PAY ESTIMATE #1 5 505,575.98 PAY ESTIMATE #2 5 113,257.33 PAY ESTIMATE #3 S 135,875.78 Aspro Date PAY ESTIMATE #4 5 534,362.43 PAY ESTIMATE #5 S 298,793.04 PAY ESTIMATE #6 S 23,551.36 PAY ESTIMATE #7 S 31,041.11 City of Waterloo Date PAY ESTIMATE #8 S 23,635.25 PAY ESTIMATE #9 S 211,035.95 PAY ESTIMATE #10 S 12,042.12 RETAINAGE $ 94,474.20 TOTAL PAYMENT S 1,983,644.55 ORIGINAL CONTRACT AMOUNT $ 1,957,171.65 CHANGE ORDER #1 SIGNED BY CITY ENGINEER $ 3,712.50 FINAL QUANTITY ADJUSTMENT S 22,760.41 FINAL CONTRACT AMOUNT (Division I+11+111) 5 1,983,644.55 CITY OF WATERLOO Council Communication City Council Meeting: December 1, 2014 Prepared: November 21, 2014 Dept. Head Signature: Eric Thorson, City Engineer # of Attachments: SUBJECT: F.Y. 2014 ASPHALT OVERLAY PROGRAM CONTRACT NO. 857 ACCEPTANCE OF PROJECT Submitted by: Eric Thorson, P.E., City Engineer Recommended City Council Action: It is recommended that this project be accepted. Summary Statement: I report that ASPRO, INC., of Waterloo, Iowa, has completed the F.Y. 2014 ASPHALT OVERLAY PROGRAM, Contract No. 857 in accordance with the plans and specifications. The total cost of the contract was $1,983,644.55. Transmitted also is the Maintenance Bond that guarantees the maintenance of this improvement for a period of two (2) years. Expenditure Required Source of Funds Local Option Sales Tax Funds Policy Issue N/A Alternative N/A Background Information: Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-1022 RESOLUTION APPROVING THE RECOMMENDATION OF ACCEPTANCE AS TO WORK AND MATERIALS FURNISHED BY ASPRO, INC. OF WATERLOO, IOWA, IN CONJUNCTION WITH THE F.Y. 2014 ASHALT OVERLAY PROGRAM, CONTRACT NO. 857, AND ACCEPTING THE WORK. WHEREAS, Aspro, Inc. of Waterloo, Iowa, has under contract with the City of Waterloo, Iowa, furnished certain materials and performed labor at a total cost of $1,983,644.55 in conjunction with the F.Y. 2014 Asphalt Overlay Program, Contract No. 857, in the City of Waterloo, Iowa. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the Certificate of Completion and Recommendation of Acceptance be and the same hereby approved. BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA, that the two-year maintenance bond be received and filed. PASSED AND ADOPTED this 1st day of December, 2014. ATTEST: Suzy S City C hares, CMC erk al Ernest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: December 1, 2014 Prepared: November 24, 2014 Dept. Head Signature: Noel Anderson, Community Planning & Development Director # of Attachments: SUBJECT: Resolution approving the Tax Increment Finance (TIF) electronic submittal reports to the State of Iowa for Fiscal Year 2014. Submitted by: Noel Anderson, Community Planning and Development Director Recommended City Council Action: Approval of FY2014 TIF Reports. Summary Statement: As a part of the new TIF reporting requirements of the State of Iowa, the City Council must approve the submittal of the electronic version of the TIF expenses, in the State forms and information as required. While the City Council has previously approved other spreadsheets and reports on this, this is a new step in the process, specifically requiring City Council approval. Expenditure Required: NA Source of Funds: NA Policy Issue: Economic Development and Urban Renewal Alternative: NA Background Information: The City of Waterloo utilizes TIF Districts to help revitalize areas and help create new areas for business expansion, location, and development. These reports inform the State of these types of activities. C:\Users\DEANNE-K\AppData\Local\Microsoft\Windows\Temporary Internet Files\Content.Outlook\L9SRH96S\FY 14 State TIF Report 11- 24-14.doe Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. RESOLUTION NO. 2014-1023 RESOLUTION APPROVING THE TAX INCREMENT FINANCE (TIF) ELECTRONIC SUBMITTAL REPORTS TO THE STATE OF IOWA FOR FISCAL YEAR 2014. BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WATERLOO, IOWA: That the Tax Increment Finance (TIF) electronic submittal reports to the State of Iowa for Fiscal Year 2013, be, and the same are hereby approved. PASSED AND ADOPTED this 1st day of December, 2014. cJ�ege Ernest G. Clark, Mayor ATTEST: Suzy Sch.:res, CMC City Cle k CITY OF WATERLOO Council Communication City Council Meeting: December 1, 2014 Prepared: November 20, 2014 Dept. Head Signature: Sandie Cjceco. # of Attachments: 1 SUBJECT: Ordinance Change — "No Parking Here To Corner" South Side of the 1400 block of Sager Avenue in a Westerly Direction Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Adopt ordinance for No Parking Here To Corner on the south side of the 1400 block of Sager Avenue in a westerly direction. Summary Statement: Motorists are not able to see on -coming traffic while turning onto Sager from Eleanor Dr. Expenditure Required: Source of Funds: Policy Issue Alternative Background Information: Traffic Operations has received calls from residents in the area with concerns of having near misses while turning off of Eleanor Dr. onto Sager when vehicles are parked along the south side of Sager Ave. Their site distance is obscured so as not to be able to see on -coming traffic on Sager Ave. This change will allow motorists to see on -coming traffic by clearing an area in a westerly direction from the corner of Eleanor Dr. Residents in this area concerned were notified of the pending ordinance change by mail. ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY DELETING SUBSECTION (100) SAGER TO SECTION 553, NO PARKING HERE TO CORNER; AND INSERTING IN LIEU THEREOF A NEW SUBSECTION (100) SAGER TO SECTION 553, NO PARKING HERE TO CORNER; AND BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (100) Sager of Section 553, No Parking Here to Corner, of the 2008 Traffic Code, is hereby added as follows: (100) Sager South Side in the 1400 block in a westerly direction from Eleanor Drive; South Side in the 3600 block in an easterly direction from Tiffany (Ord. #3277, 5/16/83). PASSED AND ADOPTED by the City Council this day of December, 2014, and approved by the Mayor this day of December, 2014. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk Prepared by Carol Nemmers, Deputy City Clerk, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703, (319) 291-4323. ORDINANCE NO. 5258 AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY DELETING SUBSECTION (100) SAGER OF SECTION 553, NO PARKING HERE TO CORNER; AND INSERTING IN LIEU THEREOF A NEW SUBSECTION (100) SAGER OF SECTION 553, NO PARKING HERE TO CORNER. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: That Subsection (100) Sager of Section 553, No Parking Here to Corner, of the 2008 Traffic Code, is hereby deleted in its entirety; that a new Subsection (100) Sager of Section 553, No Parking Here to Corner, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: (100) Sager INTRODUCED: PASSED 1st CONSIDERATION: PASSED 2nd CONSIDERATION: PASSED 3rd CONSIDERATION: South Side in the 1400 block in a westerly direction from Eleanor Drive; South Side in the 3600 block in an easterly direction from Tiffany (Ord. #3277, 5/16/83) December December December December 1, 1, 1, 1, 2014 2014 2014 2014 PASSED AND ADOPTED this 1st day of December, 2014. ATTEST: Suzy Sch.:res, CMC City Cle k 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. 5258 as passed and adopted by the City Council of the City of Waterloo, Iowa, on the 1st day of December, 2014. 2014. SEAL Witness my hand and seal of office this 15t day of December, Suzy Scares, CMC City Cl rk Prepared by Pauline Closson CITY OF WATERLOO 9002 PAYMENT VOUCHER A120514 November 24, 2014 Vendor: 5419 Department: Engineering Grant/Project Code# Vendor AECOM Address City & State Invoice Date Invoice # Qty/Unit Amount Description G.L. Distribution 11/21/14 37489565 $ 5,222.18 11th Street Bridge Joint Repairs 413-07-7400-2161 Oct 1 thru Nov. 14, 2014 Special Instructions: SubrrfiftedL <lr ry Y Total $ 5,222.18 11/24/14 Date Approved By: Date An Equal Opportunity/Affirmative Action Employer 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 ACOM Invoice To: Mr. Eric Thorson City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Invoice Date: November 21, 2014 Project Number: 60334228 Invoice No: 37489565 Your Authorization: Professional Service Agreement Dated September 22, 2014 11th Street Bridge Joint Repairs Waterloo, Iowa Progress Billing: October 1, 2014 through November 14, 2014 Classification Senior Professional Project Professional Staff Professional CAD/GIS Operator Senior Technician Technician Project Support Direct Expenses Total Costs to Date Less Previous Billing TOTAL AMOUNT DUE Hours Amount 0.00 35.00 0.00 0.00 0.00 0.00 0.00 $0.00 5,222.18 0.00 0.00 0.00 0.00 0.00 0.00 $5,222.18 0.00 $5,222.18 `' Remit to: AECOM Technical Services, Inc • 1178 Paysphere Circle • Chicago, IL 60674 PIED ED \- Ndv 2 4f ~? CIN Ery !NEE RS �,t7� WATERLOO, IA Vouchers Prepared by November 24, 2014 Pauline C CITY OF WATERLOO PAYMENT VOUCHER Vendor 248 Batch # Keyed By Vendor Cedar Valley Corp. Department: Engineering Address Grant/Project Code# City & State .************************************ 9002 A120114 Invoice Date Qty/Unit Amount Description G/L Distribution 10/23/14 G0004 12100/T004 492,794.58 Contract 843 Kimball Ave. Transportation 290-07-7500-2165 Est # 12 123,198.65 Imp. Project (Tower Park Dr to Acadia St) 205-07-7500-2165 1,810.11 10/18 - 10/31/14 521-07-5300-2162 Special Instructions: � ��,cL.Cliry Total $ 617,803.34 11/24/14 Submitted By Date Approved By: Date An Equal Opportunity/Affirmative Action Employer Ament Design Waterloo, IA Project: Owner: Contractor: FOR PERIOD 11/1/2014 CONTRACTOR'S APPLICATION FOR PAYMENT ESTIMATE NO: TWELVE (12) 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: 11/14/14 Date: 11/20/2014 Project No: G0004.12100 /T004 Original Contract Amount: $5,914,306.72 • Item No. Item Code Description Units Est. Qty. Qty' Complete CoQty. mplete 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 5,186.08 3,537.42 1,648.66 $8.75 $ 45,378.17 $ 14,425.74 0030 2105-8425015 TOPSOIL, STRIP, SALVAGE AND SPREAD CY 2,740.00 1,106.69 754.87 351.82 $8.25 $ 9,130.16 $ 2,902.48 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 2,680.94 2,234.44 446.50 $39.50 $ 105,897.13 $ 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 12.85 12.18 0.67 $1,015.00 $ 13,042.75 $ 680.05 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 9,887.57 471.05 9,416.52 $34.92 $ 345,273.87 $ 328,824.81 0130 2301-1083070 STANDARD OR SLIP FORM PORTLAND CEMENT CONCRETE PAVEMENT, CLASS M, CLASS 3 DURABILITY, 7 IN. SY 689.50 707.19 330.56 376.63 $61.79 $ 43,697.21 $ 23,271.84 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 89.87 0.00 89.87 $175.00 $ 15,727.25 $ 15,727.25 0210 2303-0041750 HOT MIX ASPHALT MIXTURE (3,000,000 ESAL), BASE COURSE, 3/4 IN. MIX TON 2,109,50 1,956.05 1,956.05 0.00 $58.65 $ 114,722.33 $ 0220 2303-0042750 INTERMEDIATE HOT MIX ASPHALT MIXTURE (3,000,000 ESAL), COURSE, 3/4 IN. MIX TON 914.20 750.06 750.06 0.00 $59.25 $ 44,441.06 $ 0230 2303-0043500 HOT MIX ASPHALT MIXTURE (3,000,000 ESAL), SURFACE COURSE, 1/2 IN. MIX, NO SPECIAL FRICTION REQUIREMENT TON 609.70 615.14 480.11 135.03 $59.45 $ 36,570.07 $ 8,027.53 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 Qty. 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 279.90 178.90 14.00 164.90 $120.00 $ 21,468.00 $ 19,788.00 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 2.00 0.00 $5,450.00 $ 10,900.00 $ - 0450 2435-0140200 MANHOLE, STORM SEWER, SW -402 EACH 10.00 4.00 4.00 0.00 $4,550.00 $ 18,200.00 $ - 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 6.00 3.00 3.00 $3,360.00 $ 20,160.00 $ 10,080.00 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 3.00 2.00 1.00 $3,850.00 $ 11,550.00 $ 3,850.00 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 1.00 0.00 1.00 $2,400.00 $ 2,400.00 $ 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 4,117.00 2,459.00 1,658.00 $11.00 $ 45,287.00 $ 18,238.00 0620 2502-8220193 SUBDRAIN OUTLET (RF -19C) STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 12 IN. EACH LF 148.00 14.00 20.00 34.50 15.00 34.50 5.00 0.00 $150.00 $88.00 $ 3,000.00 $ 3,036.00 $ 750.00 $ - 0630 2503-0114212 0640 2503-0114215 STORM SEWER GRAVITY MAIN, TRENCHED, REINFORCED CONCRETE PIPE (RCP), 2000D (CLASS III), 15 IN. LF 1,462.00 509.50 322.00 187.50 $38.00 $ 19,361.00 $ 7,125.00 AN,l. 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. CompleteQty. Last Period 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 1,685.00 959.00 953.00 6.00 $35.00 $ 33,565.00 $ 210.00 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 902.00 847.00 847.00 0.00 $104.00 $ 88,088.00 $ - 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 $ - 0750 2503-0200036 REMOVE STORM SEWER PIPE LESS THAN OR EQUAL TO 36 IN. LF 4,005.00 527.00 527.00 0.00 $11.00 $ 5,797.00 $ - 0760 2503-0200136 N MOVE STORM SEWER PIPE GREATER THAN 36 LF 565.00 458.00 458.00 0.00 $17.00 $ 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 11.00 0.00 $275.00 $ 3,025.00 $ - 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 1,883.00 1,142.00 741.00 $18.00 $ 33,894.00 $ 13,338.00 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 WALL CY 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 245.00 116.00 66.00 50.00 $10.00 $ 1,160.00 $ 500.00 1030 2524-9276021 PERFORATED SQUARE STEEL TUBE POST ANCHOR, BREAK -AWAY SOIL INSTALLATION EACH 13.00 5.00 3.00 2.00 $200.00 $ 1,000.00 $ 400.00 1040 2524-9276024 PERFORATED SQUARE STEEL TUBE POST ANCHOR, BREAK -AWAY CONCRETE INSTALLATION EACH 12.00 7.00 4.00 3.00 $350.00 $ 2,450.00 $ 1,050.00 1050 2524-9325001 TYPE A SIGNS, SHEET ALUMINUM SF 501.00 74.25 43.50 30.75 $15.50 $ 1,150.88 $ 476.63 1060 2525-0000100 TRAFFIC SIGNALIZATION LS 1.00 0.031303 0.011897 0.019405 $925,000.00 $ 28,955.00 $ 17,950.00 1070 2525-0000120 REMOVAL OF TRAFFIC SIGNALIZATION LS 1.00 0.25 0.20 0.05 $12,500.00 $ 3,125.00 $ 625.00 1080 2527-9263109 PAINTED PAVEMENT MARKING, WATERBORNE OR SOLVENT -BASED STA 459.97 129.92 122.86 7.06 $36.75 $ 4,774.56 $ 259.46 1090 2527-9263137 PAINTED SYMBOLS AND LEGENDS, WATERBORNE OR SOLVENT -BASED EACH 59.00 6.00 4.00 2.00 $110.00 $ 660.00 $ 220.00 1100 2527-9263180 PAVEMENT MARKINGS REMOVED STA 74.18 24.15 21.95 2.20 $70.00 $ 1,690.50 $ 154.00 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 0.43 0.32 0.11 $61,300.00 $ 26,359.00 $ 6,743.00 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 2529-5070120 PATCH FULL -DEPTH FINISH BY COUNT EACH 4.00 0.00 0.00 0.00 $350.00 $ - $ - 1180 2529-8174010 SUBBASE (PATCH) SY 47.20 0.00 0.00 0.00 $26.00 $ - $ - 1190 2533-4980005 MOBILIZATION LS 1.00 1.00 1.00 0.00 $309,550.00 $ 309,550.00 $ - 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 $ - $ - Ap I. for Payment Page 4 of 10 Kimball Ave from Tower Park Dr to Acadia St STP -U-8155(731)--70-07 Item No. Item CodeDescription Units Est. Qty. Qty. Complete Qty. Complete Last Period Complete this Period Unit Unit Price Value Complete Value Complete this Pay Period DIVISION 1 (PARTICIPATORY) 1350 2602-0000020 SILT FENCE LF 3,220.00 2,891.00 2,891.00 0.00 $1.75 $ 5,059.25 $ - 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 23,000.00 118,699.70 20,601.47 98,098.23 $1.00 $ 118,699.70 $ 98,098.23 0000 6100-2301010 (EXTRA WORK) PORTLAND -CEMENT CONCRETE PAVEMENT COLD WEATHER PROTECTION (PRE- ESTABLISHED PRICE) SY 0.00 2,025.79 0.00 2,025.79 $1.00 $ 2,025.79 $ 2,025.79 DIVISION 1 PROJECT TOTALS 11$ 2,427,058.03 $ 617,803.34 Appl. for Payment Page 5 of 10 STP -U-8155(731)--70-07 Kimball Ave from Tower Park Dr to Acadia St 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 I0810 LF 797.00 0.00 0.00 0.00 $61.00 $ - $ - 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 II $ - I $ - Quantity has been changed by change order AKtpl. for Payment Kimball Ave from Tower Park Dr to Acadia St Page 6 of 10 STP -U-8155(731)-70-07 Appl. for Payment 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 Kimball Ave from Tower Park Dr to Acadia St Page 7 of 10 STP -U-8155(731)--70-07 Total 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) $ 2,427,058.03 $ 5,937,856.72 40.87% $ 2,427,058.03 $30,000.00 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 Pay Estimate Eleven (11) / 10/18/2014 - 10/31/2014 11/6/2014 $340,108.78 TOTAL PREVIOUS PAYMENTS $ 2,397,058.03 $ 1,779,254.69 NET DUE THIS ESTIMATE I $ 617,803.34 421. for Payment Page 8 of 10 Kimball Ave from Tower Park Dr to Acadia St STP -U-8155(731)--70-07 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 $ 5,300.95 Subtotal due $ 423,556.05 Less previous payments $ 421,745.94 Fund allocation this pay application $ 1,810.11 PARTICIPATORY (80-20) work completed $1,998,201.03 Retainage 3% or share of $30,000.00 $ 24,699.05 Subtotal due $1,973,501.98 Less previous payments $1,357,508.75 Fund allocation this pay application 4. $ 615,993.23 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 `• Total Due this Pay Application 617,803.34 (2 Appl. for Payment ?93,;-3'x7e-fie')-� - r 61 .47--; , r Page 9 of 10 g/o y /6cri! 22 \J8 Kimball Ave from Tower Park Dr to Acadia St 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. CONTRACTOR: CEDAR VALLEY CORP., LLC BY: C94A. 3oN.(/(A- TITLE: ! otc.� / ✓ DATE: COUNTY OF: BLACK HAWK STATE OF: IOWA BEFORE ME THIS Iii�h / DAY OF 160-e^'''11`'^' 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 WAT LOO, IOWA HAS CONSIDERED AND HEREBY APPROVES THIS APPL,ICATIOI)I FOR PAYMENT. BY: DATE: (( Ar,pl. for Payment Page 10 of 10 Kimball Ave from Tower Park Dr to Acadia St STP -U-8155(731)-70-07 Voucher Prepared by Pauline C CITY OF WATERLOO 9002 PAYMENT VOUCHER A120114 November 24, 2014 Vendor Name INRCOG Address 229 Park Avenue City & State Waterloo, IA 50703 Invoice Date 11/12/14 11/12/14 Special Instructions ************************************* Department Engineering Grant/Project Code # 07LTF 5007 Invoice No. Qty/Unit Amount Description G.L. Distribution Administrative Services Com $0.00 EDA Commericail Lift Station EDA 290-07-5300-2103 17404 $899.48 CDBG Commercial Lift Station CDBG 290-07-5300-2103 17405 $1,097.79 CDBG Residential Lift Station CDBG 290-07-5300-2103 September Expenses TOTAL 1,997.27 11/24/14 Date Approved By Date An Equal Opportunity/Affirmative Action Employer ilitz1N1 rxt INRCOG Iowa Northland Regional Council Of Governments Sold To: Waterloo City Hall 715 Mulberry Street Waterloo, IA 50703 Iowa Northland Regional Council of Govts 229 E Park Ave Waterloo, IA 50703 Phone: 319 235-0311 Fax: 319 235-2891 Page: 1 Invoice Number: 17404 Invoice Date: 11/12/14 Due Date: 12/27/14 Customer ID: WATERLOO Item Code Description Quantity October expenses - CDBG Commerical Lift Station Unit Price Extended Amount 36300SALARY Salary & Fringe Benefits 1.00 668.98 668.98 36300POSTAGE Postage 1.00 2.13 2.13 3630000PY Copy Expense 1.00 0.25 0.25 36300ADMIN Allocated Administrative Services 1.00 228.12 228.12 Item Total: 899.48 PLEASE PAY THIS AMOUNT: Please remit to: INRCOG 229 E Park Ave Waterloo, IA 50703 $ 899.48 6K INRCOG Iowa Northland Regional Council Of Governments Sold To: Waterloo City Hall 715 Mulberry Street Waterloo, IA 50703 Iowa Northland Regional Council of Govts 229 E Park Ave Waterloo, IA 50703 Phone: 319 235-0311 Fax: 319 235-2891 Page: 1 Invoice Number: 17405 Invoice Date: 11/12/14 Due Date: 12/27/14 Customer ID: WATERLOO Nov 18 SCD CITY ` .TRS WATERLOO, IA Item Code Description Quantity Unit Price Extended Amount October expenses - CDBG Residential Lift Station 37300SALARY Salary & Fringe Benefits 37300POSTAGE Postage 373000OPY Copy Expense 37300ADMIN Allocated Administrative Services Please remit to: INRCOG 229 E Park Ave Waterloo, IA 50703 1.00 1.00 1.00 1.00 818.10 0.48 0.05 279.16 818.10 0.48 0.05 279.16 Item Total: 1,097.79 PLEASE PAY THIS AMOUNT: $ 1,097.79 Prepared by Pauline Closson CITY OF WATERLOO PAYMENT VOUCHER November 24, 2014 Vendor PDCM Insurance City Engineering Department Address City & State Batch No. Keyed By: Invoice Date Invoice No. Qty/Unit Amount Description G/L Distribution 11/17/14 1102 Spe ial Instru ions: si 6, ak.A't/l.l 11/24/14 S i 7,772.00 Builders Risk -4 -Storm Water Pump 409-07-5305-1335 Stations Total 7,772.00 tte Date Approved By: Date An Equal Opportunity/Affirmative Action Employer DCM INSURANCE Phone: 3192348888 Fax: 3192347702 Email: pdcm@pdcm.com City of Waterloo 715 Mulberry Waterloo, IA 50703 Invoice # 1102 ACCOUNT NUMBER DATE WATERLO- 2 11/17/2014 BALANCE DUE ON ACCOUNT MANAGER 7/25/2014 DUFJA1 AMOUNT PAID i AMOUNT DUE L $7,772.00 Commercial Package PolicyNumber. 35833014 Effective: 7/1/2014 to 7/1/2015 Item # Trrans Eff Date Trans 9012 07/25/2014 11/17/2014 escription ENDT Add Builders Risk -4 Storm Water Pump Stations Total Invoice Balance: -v�'77---rte DCMINSURANCE Arnount $7,772.00 $7,772.00 City of Waterloo Page 1 of 1 COUNCIL MEETING December 1, 2014 Address Topic Jeffrey Armstrong 720 Upton Ave. Rezone Upton/Ansborough Steve Murphy 124 Terrace Drive Young Arena \/ Sc\(\cy.dt f -\c \rfric THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, December 1, 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) 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 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. Roll Call. Moment of Silence. Pledge of Allegiance Michelle Weidner, Chief Financial Officer Agenda, as proposed or amended. j \Ar j a(A__ Minutes of November 24, 2014, Regular Session, as proposed k /L, (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. 3 8 2. Request of Edin Obic for tax exemptions on the construction of a new single family dwelling valued at $200,000 for property located at 1916 Red Tail Dr. and located in the City Limits Urban Revitalization Area (CLURA). Submitted By: Noel Anderson, Community Planning & Development Director 3. Request of Lindsey Jackson for tax exemptions for the construction of a new single family dwelling valued at $154,500 located at 1315 Dearborn Ave. and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director 4. Request of Fa Jun Sun for tax exemptions for the construction of a new single family dwelling valued at $238,000 located at 151 Sabrina Circle and located in the Consolidated Urban Revitalization Area (CURA). Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS 1. Consent Agenda: 4‘,„•(--\-- a. ,,r a. Beverly Cosby, FSS Coordinator Class/Meeting: Family Self -Sufficiency Training. Destination: Des Moines, IA Dates: 01/26/15- Amount not to exceed: $1,397.00 01/28/15 b. Kent Shankle, Cultural & Arts Director Class/Meeting: Museum Visits. Destination: Chicago, IL Dates: 12/9/14- Amount not to exceed: $320.00 12/10/14 c. Michelle Weidner, Chief Financial Officer Class/Meeting: 19th Annual Governmental GAAP Update. Destination: Webinar - in office. Dates: 12/4/14 Amount not to exceed: $180.00 d. Director Trelka, Lt. Payne, DNE Agent Austin & Inv. Berry Class/Meeting: Narcotics Update Training Destination: Denver, CO Dates: 12/9/14- Amount not to exceed: $2,402.00 12/13/14 2. LIQUOR LICENSES a. Mama Nick's Circle Pizzeria, Inc., 1934 Washington St. Class: Class C Liquor Renewal Includes Sunday Application Expiration Date: 09/09/15 b. Grout Museum, 503 South St. Class: Special C (BW) Liquor & Outdoor Sales Renewal Includes Sunday Application Expiration Date: 12/14/15 a- C 3. Request from Engineering to receive and place on file official notification from the Iowa Department of Transportation to let an HMA resurfacing project of U.S. 218 from Marigold Drive to U.S. 20 on March 17, 2015. Submitted By: Eric throson, P.E., City Engineer PUBLIC HEARINGS 2. Request by Zlatko Kuduzovic to rezone 0.49 acres from "R-2" One and Two Family ,k\jt� Residence District to "C-2"Commercial District, located at the northeast corner of .1\nt�`I , Ansborough Avenue and Upton Avenue. ,�'` a. ,,_a Motion to receive and file proof of publication of notice of public hearing.— � - c__, ( Hold hearing - Comments on file in the City Clerk's office. . `� ., 'S ;\e- cr1/41%t( C. Motion to close hearing and receive and file oral and written comments. ji,,, t - i _(-‘ .%. Motion to receive, file, and consider for the first time an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official i Zoning Map referred to in Section 10-4-4, approving a Rezone on Certain Property`sg��r, 7 Motion to susper d1he rules. ' Motion to consider and-pass-ler-the-second—and third times—aa d -adopt ordinance. Submitted By: Aric Schroeder, City Planner RESOLUTIONS 3. Resolution approving Young Arena Lease and Use Agreement with Waterloo Black Hawks Hockey, LLC, with recommendation of approval from the Leisure Services Commission; and authorize the Mayor to execute said document.Co,./--( Submitted By: Paul Huting, Leisure Services Director `7� 4. Motion approving Change Order No. 2 for a net increase of $22,760.41 for work performed by Aspro, Inc. of Waterloo, Iowa for the F.Y. 2014 Asphalt Overlay Program, Contract No. 857; and authorize Mayor and City Clerk to execute said document. Submitted By: Jamie Knutson, P.E., Associate Engineer 5. Resolution approving Completion of Project and Recommendation of Acceptance of f .%SSP -A-) 1 C0�t, e cF ott,,p,tot3\ Clt wcte 3. rak_ u3-11‘ -11,fibcv 9- ur-r vvcrN ,Qe,\L5 C 4/14-ki LArr- CoNC\Csur1(\' I ;-k-I v)4 \ 07c (Los \s,30A,cvlv,' LAD kNf 4 7:57 C HA ki\-t\r1 Vt.:\re-ANL)-1— t1 • \CY C)C—CJA6 C-05-N-Vc6-&, Zcliv •"43 OCJS ,0\4 cAyk,c& 4-cD \=k-cc-c—V- • oc_rv-30.-tr '3virecA- CcouYN-5 ore \83c Work performed by Aspro, Inc. of Waterloo, Iowa in the amount of $1,983,644.55, for the F.Y. 2014 Asphalt Overlay Program, Contract No. 857, and receive and file two (2) year maintenance Bond. Submitted By: Eric Thorson, P.E., City Engineer 6. Resolution approving the Tax Increment Finance (TIF) electronic submittal reports to the State of Iowa for Fiscal Year 2014. yv1I Submitted By: Noel Anderson, Community Planning & Development Director ORDINANCES 7. Ordinance Change - "No Parking Here to Corner" South Side of the 1400 Block of Sager Avenue in a Westerly Direction. Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by deleting Subsection (100) Sager to Section 553, No Parking Here to Corner; and inserting in lieu thereof a new Subsection (100) Sager to Section 553, No Parking Here to Corner. Motion suspending the rules. Motion to consider and pass for the second and third times and adopt ordinance. Submitted By: Sandie Greco, Traffic Operations Superintendent Suzy Schares, CMC City Clerk/Human Resource Directory '`S` OTHER COUNCIL BUSINESS ORAL PRESENTATIONS ✓..� ADJOURNMENT Motion to adjourn.%.fin. MEETINGS 0--ciki I ,,.-gyp' `\o_v �� aS 4:50 p.m. - Building and Grounds Committee, Harold E. Getty Council Chambers 5:05 p.m. - Human Resources Committee, Harold E. Getty Council Chambers 5:10 p.m. - Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Waterloo Leisure Services Commission minutes of October 14, 2014 on file in the City Clerk's office 2. Board of Adjustment meeting minutes of April, May, June, and July 2014 on file in the City Clerk's office. 3. Planning & Zoning Commission meeting minutes of April, May, June, and July 2014 on file in the City Clerk's office. CONTRACT PAYMENT SCHEDULE 11th Street Bridge Joint Repairs - Payment to AECOM in the amount of $5,222.18 Kimball Ave. Transportation Improvement Project - Payment to Cedar Valley Corp. in the amount of $617,803.34 Administrative services for Commercial & Residential Lift Stations - Payment to INRCOG in the amount of $1,997.27 Builders Risk Insurance for 4 Storm Water Pump Stations - Payment to PDCM Insurance in the amount of $7,772.00