4. Acknowledgement of July financial report and payment of ...
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TENTATIVE AGENDA OTTUMWA CITY COUNCIL REGULAR MEETING NO. 24 September 3, 2019 Council Chambers, City Hall 5: 30 O' Clock P. M. PLEDGE OF ALLEGIANCE A. ROLL CALL: Council Member Roe, Stevens, Streeby, Berg and Mayor Pro Tem Dalbey. B. CONSENT AGENDA: 1. Minutes from Regular Meeting No. 22 on August 20, 2019 and Special Meeting No. 23 on August 23, 2019 as presented. 2. Approve the Proclamation for September 2019 to be National Recovery Month. 3. Approve the Proclamation for the week of September 13, 2019 as " Welcoming Week" in the City of Ottumwa. 4. Acknowledgement of July financial report and payment of bills as submitted by the Finance Department. 5. Appointment of William Hansen to the Cemetery Board of Trustees, term to expire 7/ 1/ 2020 and reappointment of Shirley Gingrich- Sloanaker, Larry Jackson and John Swarney to the Public Safety Advisory Board, terms to expire 10/ 2/ 2022. 6. Approve the appointment of Ronald Jacobsen to the position of Superintendent for the Ottumwa WPCF effective August 26, 2019. 7. Approve the Annual Urban Renewal report for the Westgate Urban Renewal Area, Airport Urban Renewal Area, Wildwood Drive/ Highway 34 Urban Renewal Area and the Hospital District/ Pennsylvania Avenue Corridor Urban Renewal Area for the fiscal year of July 2018 through June 2019 for the City of Ottumwa, Iowa. 8. Resolution No. 182- 2019, approving the Street Financial Report for the fiscal year of July 2018 through June 2019 for the City of Ottumwa, Iowa. 9. Resolution No. 188- 2019, setting October 1, 2019 as the date of a public hearing on the disposition of City owned property located at 430 S. Milner. 10. Resolution No. 196- 2019, authoring destruction of certain records according to the Code of Iowa, 2017, as amended. 11. Beer and/ or liquor applications for: Aldi, Inc. # 73, 940 Quincy Ave.; Bridge View Center/ VenuWorks, 102 Church Street; Warehouse Barbeque, 2818 North Court; Alpine Inn, 1804 Albia Rd.; all applications pending final inspections. C. APPROVAL OF AGENDA D. ADMINISTRATORS REPORT TO COUNCIL AND CITIZENS: 1. Iowa State Landlord Association will be in Ottumwa for a conference on October 17 & 18. 2. Zach Simonson— Healthy Neighborhoods recipients 3. Wood River Energy contract renewal— City Engineer Dohlman 4. Interim City Admin—timeline and parameters 5. POLCO— discussion and contract renewal 6. Negotiations for Union Contracts will occur this fall. 7. Essman/ Flynn Wright public relations discussions 8. Daughters of the American Revolution recognize September 17- 23 to celebrate the foundation of America. All items on this agenda are subject to discussion and/ or action.
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Transcript of 4. Acknowledgement of July financial report and payment of ...
TENTATIVE AGENDA
OTTUMWA CITY COUNCIL
REGULAR MEETING NO. 24 September 3, 2019
Council Chambers, City Hall 5: 30 O' Clock P. M.
PLEDGE OF ALLEGIANCE
A. ROLL CALL: Council Member Roe, Stevens, Streeby, Berg and Mayor Pro Tem Dalbey.
B. CONSENT AGENDA:
1. Minutes from Regular Meeting No. 22 on August 20, 2019 and Special Meeting No. 23 on August23, 2019 as presented.
2. Approve the Proclamation for September 2019 to be National Recovery Month.3. Approve the Proclamation for the week of September 13, 2019 as " Welcoming Week" in the City
of Ottumwa.
4. Acknowledgement of July financial report and payment of bills as submitted by the FinanceDepartment.
5. Appointment of William Hansen to the Cemetery Board of Trustees, term to expire 7/ 1/ 2020 andreappointment of Shirley Gingrich-Sloanaker, Larry Jackson and John Swarney to the PublicSafety Advisory Board, terms to expire 10/ 2/ 2022.
6. Approve the appointment of Ronald Jacobsen to the position of Superintendent for the Ottumwa
WPCF effective August 26, 2019.
7. Approve the Annual Urban Renewal report for the Westgate Urban Renewal Area, Airport Urban
Renewal Area, Wildwood Drive/Highway 34 Urban Renewal Area and the HospitalDistrict/Pennsylvania Avenue Corridor Urban Renewal Area for the fiscal year of July 2018through June 2019 for the City of Ottumwa, Iowa.
8. Resolution No. 182- 2019, approving the Street Financial Report for the fiscal year of July 2018through June 2019 for the City of Ottumwa, Iowa.
9. Resolution No. 188- 2019, setting October 1, 2019 as the date of a public hearing on thedisposition of City owned property located at 430 S. Milner.
10. Resolution No. 196- 2019, authoring destruction of certain records according to the Code of Iowa,2017, as amended.
11. Beer and/ or liquor applications for: Aldi, Inc. #73, 940 Quincy Ave.; Bridge ViewCenter/VenuWorks, 102 Church Street; Warehouse Barbeque, 2818 North Court; Alpine Inn,
1804 Albia Rd.; all applications pending final inspections.
C. APPROVAL OF AGENDA
D. ADMINISTRATORS REPORT TO COUNCIL AND CITIZENS:
1. Iowa State Landlord Association will be in Ottumwa for a conference on October 17 & 18.
2. Zach Simonson— Healthy Neighborhoods recipients3. Wood River Energy contract renewal— City Engineer Dohlman4. Interim City Admin—timeline and parameters
5. POLCO— discussion and contract renewal
6. Negotiations for Union Contracts will occur this fall.
7. Essman/ Flynn Wright public relations discussions8. Daughters of the American Revolution recognize September 17- 23 to celebrate the foundation
of America.
All items on this agenda are subject to discussion and/or action.
E. IDENTIFICATION OF CITIZENS DESIRING TO COMMENT ON AGENDA ITEMS:When called upon by the Mayor, step to the microphone; state their name, address and agenda item to be addressed. The Mayor will invite you to
address the Council when that topic is being discussed. Remarks will be limited to three minutes or less. The City Clerk shall keep the time and notifythe Mayor when the allotted time limit has been reached. Comments are to be directly germane to the agenda item being discussed; if not directlygermane as determined by the Mayor will be ruled out of order.)
F. DEPARTMENTAL RECOMMENDATIONS/REPORTS:
1. Approving the Contract with Ottumwa Economic Development Corporation( OEDC) for theperiod of July 1, 2019 to June 30, 2020 in the amount of$20,000 and authorize the Mayor ProTem to sign.
RECOMMENDATION: Approve the agreement with Ottumwa Economic Development
Corporation( OEDC).
2. Releasing Build Grant Project RFQ' s for Develop and Public Consideration for the RiverfrontApartments, Phase 1 and Phase 2.
RECOMMENDATION: Approve the release of Build Grant Project RFQ' s for the RiverfrontApartments, Phase 1 and Phase 2.
3. Approve multiple agreements and consent to lien for water service costs for the 300 block of East
Main Street in connection with the Ottumwa Main Street Project( Downtown Streetscape).
RECOMMENDATION: Authorize the Mayor to sign the Agreements and Consent to Lien for
thirteen properties in the 300 block of East Main Street.
G. PUBLIC HEARING:
1. This is the time, place and date set for a public hearing approving the plans, specifications, formof contract and estimated cost for the 2020 Roofing Improvements Rebid Project.
A. Open the public hearing.B. Close the public hearing.C. Resolution No. 192- 2019, approving the plans, specifications, form of contract and
estimated cost for the 2020 Roofing Improvements Rebid Project.
RECOMMENDATION: Pass and adopt Resolution No. 192- 2019.
2. This is the time, place and date set for a public hearing approving the plans, specifications, form ofcontract and estimated cost for the Beach Renovations— Phase 4, Shade Structures Installation.
A. Open the public hearing.B. Close the public hearing.C. Resolution No. 193- 2019, approving the plans, specifications, form of contract and estimated
cost for the Beach Renovations— Phase 4, Shade Structures Installation.
RECOMMENDATION: Pass and adopt Resolution No. 193- 2019.
H. RESOLUTIONS:
1. Resolution No. 183- 2019, awarding the contract for the Bridge View Center PCC Precast WallPanel Repair project to Merit Construction Services of Farmington, MN in the amount of
153, 450.
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Regular Meeting No.249/ 03' 19
RECOMMENDATION: Pass and adopt Resolution No. 183- 2019.
2. Resolution No. 187- 2019, fixing an amount for abating a nuisance against certain properties in theCity of Ottumwa, Iowa for a total of$3, 783. 37.
RECOMMENDATION: Pass and adopt Resolution No. 187- 2019.
3. Resolution No. 189- 2019, approving and authorizing execution of a First Amendment to theAgreement for Private Development by and between the City of Ottumwa and 312 East Alta VistaPartnership, LLLP.
RECOMMENDATION: Pass and adopt Resolution No. 189-2019.
4. Resolution No. 190- 2019, determining the necessity and setting dates of a consultation ad a publichearing on a proposed Agassiz Urban Renewal Plan for a Proposed Urban Renewal Area in theCity of Ottumwa, State of Iowa.
RECOMMENDATION: Pass and adopt Resolution No. 190- 2019.
5. Resolution No. 191- 2019, approving Change Order No. 3 and accepting the work as final andcomplete and approving the final pay request for the Albia Rd.-Wapello St. Modern RoundaboutProject.
RECOMMENDATION: Pass and adopt Resolution No. 191- 2019.
6. Resolution No. 195- 2019, approving the severance agreement with former City AdministratorAndy Morris.
RECOMMENDATION: Pass and adopt Resolution No. 195- 2019.
I. ORDINANCES:
J. PUBLIC FORUM:
The Mayor will request comments from the public on topics of city business or operations other than those listed on this agenda.Comments shall not be personalized and limited to three minutes or less. Comments not directly applicable to operations, inappropriate,or an improper utilization of meeting time, as determined by the Mayor, will be ruled out of order. When called upon by the Mayor,step to the microphone; give your name, address and topic on which to address the Council. The Council is not likely to take any actionon your comments due to requirements of the Open Meetings Law. Pertinent questions, comments or suggestions may be referred to theappropriate department, city administrator or legal counsel for response, if relevant.
K. PETITIONS AND COMMUNICATIONS
ADJOURN
It is the goal ofthe City ofOttumwa that all City Council public meetings are accessible to people with disabilities. Ifyou need assistance in participating in City Council meetings due to a disability as defined under the ADA, please call theCity Clerk' s Office at( 641) 683- 0621 at least one( 1) business day prior to the scheduled meeting to request anaccommodation. ***
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Regular Meeting No.249, 03 19
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0, . OTTUMWAM
FAX COVER SHEET
City of Ottumwa
DATE: 8/ 30/ 19 TIME: 10: 45 AM NO. OF PAGES 4
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TO: News Media CO:
FAX NO:
FROM: Christina Reinhard
FAX NO: 641- 683- 0613 PHONE NO: 641- 683- 0620
MEMO: Tentative Agenda for the Regular City Council Meeting #24 to be held on 9/ 3/ 19
08/ 30/ 2019 FRI 11: 09 FAX City of Ottumwa Admin 0001
FAX MULTI TX REPORT ***
JOB NO. 0631
DEPT. ID 4717
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TRANSACTION OK 96847834 Ottumwa Courier
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CITY OF 1
OTTUMWA
FAX COVER SHEET
City of Ottumwa
DATE: 8/ 30/ 19 TIME: 10: 45 AM NO. OF PAGES 4
Including Cover Sheet)
TO: News Media CO:
FAX NO:
FROM: Christina Reinhard
FAX NO: 641- 683- 0613 PHONE NO: 641- 683- 0620
MEMO: Tentative Agenda for the Regular City Council Meeting# 24 to be held on 9/ 3/ 19
OTTUMWA CITY COUNCIL MINUTES Item No. B.- 1 .
REGULAR MEETING NO. 22 August 20, 2019
Council Chambers, City Hall 5: 30 O' Clock P.M.
The meeting convened at 5: 33 P.M.
Present were Council Members Berg, Dalbey, Roe, Stevens, Streeby and Mayor Lazio.
Roe moved, seconded by Streeby to approve the following consent agenda items: Mins. from Reg. Mtg.No. 21 on August 6, 2019 as presented; Civil Service Commission Eligibility Lists of August 15, 2019:Clerk( Health), Health Dept.—Bldg. Inspector( Entrance and Promotional), WPCF— Maint. Tech
Entrance and Promotional), WPCF— Operator; Res. No. 178- 2019, authorizing the transfer of1, 500,000 for Ph. 8, Div. 1 from the Local Option Sales Tax Fund to the Sewer Capital Projects Fund;
Res. No. 184- 2019, approving final payment in the amt. of$2,612.50 to Lifeline Audio VisualTechnologies and accepting the work as final and complete for Ph. 3 — RFP #4X Beach Sound System
Replacement Proj.; Beer and/or liquor applications for: The Stockyard Steak& Chophouse, 2465
Northgate; Hy-Vee C- Store No. 2, 2457 North Court; The Owl' s Nest LLC, 116 S. Court, temporaryoutdoor service area 8/ 31/ 19; Appanoose Rapids, 332 E. Main, catering service privilege; all applicationspending final inspections. All ayes.
Dalbey moved, seconded by Berg to approve the agenda as presented. All ayes.
Brad Grefe, Area 15 RPC presented Home Town Rewards— Jefferson Street accent light project.
Mayor talked briefly about Cyber Security— IT Plan and Direction as this is a hot topic amongst other
municipalities. Requesting report from IT mgr. in Sept. or Oct. on our progress.
City Admin. Morris stated Riverfront Development meetings have been held with City Council members.
Mayor inquired if there was anyone from the audience who wished to address an item on the agenda.There were none.
Roe moved, seconded by Dalbey to approve the grant applications for the Wapello County Foundation.Parks & Rec. Dir. Rathje reported the Ottumwa Parks Adv. Brd. approved the following grantapplications: outdoor basketball court for Ottumwa Park, Dog Park agility training equip., and financialassistance for adult softball improvements. All ayes.
Dalbey moved, seconded by Stevens to approve the request to name the indoor competition pool at theBeach Ottumwa after Mike McWilliams. All ayes.
This was the time, place and date set for a public hearing to accept written or oral comments fromthe public on the spending plans for the 2019 Justice Assistance Grant ( JAG) Program funds to beobtained from the Bureau of Justice Assistance. Lt. Hucks presented; Police Dept. will receive 85% and
County 15% of the total grant awarded. No objections or other comments were received. Streeby moved,
seconded by Berg to close the public hearing. All ayes.
Roe moved, seconded by Streeby to approve submission of the grant over the internet and authorize theMayor to sign any related documents as required for acceptance of the 2019 JAG grant from the Bureauof Justice Assistance in the amount of$ 12,999. All ayes.
This was the time, place and date set for a public hearing on the sale of City owned property located
at 526 S. Ward St. in the City of Ottumwa, Wapello County, IA. Dir. of Hlth. Insp. & Planning Flanaganreported the Ottumwa Habitat for Humanity intends to construct a new home on the property. Noobjections were received. Roe moved, seconded by Dalbey to close the public hearing. All ayes.
Dalbey moved, seconded by Streeby that Res. No. 179- 2019, accepting the offer and approving the sale ofLot One in Hand and Elliot' s Subdivision of Lot Three in M. J. Williams Fifth Addition to the City ofOttumwa, Wapello County, IA, commonly known as 526 S. Ward St. to Ottumwa Habitat forHumanity for the sum of$ 125, be passed and adopted. All ayes.
This was the time, place and date set for a public hearing on the lease of City owned property located at1610 W. Main St. in the City of Ottumwa, Wapello County, IA. Dir. of Hlth. Insp. & Planning Flanaganreported that Mr. Fisher submitted a request to lease a City owned FEMA lot at 1610 W. Main St. for yardspace. He may not construct anything on the lot and may only use the property consistent with its zoningclassification and must maintain insurance on the property. No objections were received. Streeby moved,seconded by Dalbey to close the public hearing. All ayes.
Dalbey moved, seconded by Roe that Res. No. 181- 2019, approving the lease of City owned propertylocated at 1610 West Main St. to Randall Jay Fisher for$ 1. 00, be passed and adopted. All ayes.
This was the time, place and date set for a public hearing on the plans, specifications, form ofcontract and estimated cost for the WPCF VLR Gate Replacement Proj. PW Dir. Seals reported this
project consists of replacing 6 gates in the Vertical Loop Reactor at the WPCF, due to existing conditionsof the gates. Engineer' s opinion of cost is $ 25, 000. No objections were received. Roe moved, seconded
by Streeby to close the public hearing. All ayes.
Streeby moved, seconded by Roe that Res. No. 185- 2019, approving the plans, specifications, form ofcontract and estimated cost for the WPCF VLR Gate Replacement Proj., be passed and adopted. All ayes.
This was the time, place and date set for a public hearing on proposed Ordinance No. 3162- 2019,amending the Code of Ordinances by changing the zoning classification on certain propertylocated at 202 East Fourth in the City of Ottumwa, Wapello County, IA from C- 3 CommercialMixed Use to C- 4 Downtown Mixed Use. Dir. of Hlth. Insp. & Planning Flanagan reported the ownerwishes to rezone this bldg. in order to avoid the parking requirements that all commercial zones, save forthe C- 4 central/downtown business district, have as a portion of their regulatory requirements. The ThirdSt. parking lot would be used for any required parking for the occupants of this structure post re-development. The structure will likely be re-developed as multi- family housing with approximately sixunits. Bill Arduser is on the committee that is selling the property and having access to additional parkingis a key element in being able to sell to the potential buyer. This will be similar to parking for residentialtenants in the downtown area. No objections were received. Streeby moved, seconded by Berg to closethe public hearing. All ayes.
Roe moved, seconded by Streeby to pass the first consideration of Ordinance No. 3162- 2019, amendingthe Code of Ordinances by changing the zoning classification on certain property located at 202 EastFourth St. in the City of Ottumwa, Wapello County, IA from C- 3 to C- 4. All ayes.
Dalbey moved, seconded by Stevens to waive the second and third considerations, pass and adoptOrdinance No. 3162- 2019. All ayes.
This was the time, place and date set for a public hearing on proposed Ordinance No. 3163- 2019,amending the Code of Ordinances by changing the zoning classification on certain property
Regular Meeting No.228120119
located at 1116 East Pennsylvania Ave. in the City of Ottumwa, Wapello County, IA to C- 3Commercial Mixed Use. Dir. of Hlth. Insp. & Planning Flanagan reported the City has moved to rezonethis property as a result of discovering an error in our original adoption of our new zoning map in 2015.This property should have been included within the corporate boundaries. No objections were received.Roe moved, seconded by Streeby to close the public hearing. All ayes.
Streeby moved, seconded by Roe to pass the first consideration of Ordinance No. 3163- 2019, amendingthe Code of Ordinances by changing the zoning classification on certain property located at 1116 EastPennsylvania Ave. in the City of Ottumwa, Wapello County, IA to C- 3. All ayes.
Streeby moved, seconded by Dalbey to waive the second and third considerations, pass and adoptOrdinance No. 3163- 2019. All ayes.
This was the time, place and date set for a public hearing on proposed Ordinance No 3164-2019,amending the Code of Ordinances by changing the zoning classification on certain property located at Lot169 in Wildwood Countryside Addition on Skyline Drive, in the City of Ottumwa, Wapello County, IAfrom R- 1 Single Family Residential to R-2 Two-Family Residential. Dir. of Hlth. Insp. & PlanningFlanagan reported the owner wishes to rezone this bldg. in order to construct a duplex as an in-filldevelopment. No written or oral objections to this rezoning and unanimously approved by all members ofthe Planning Commission present. Dalbey moved, seconded by Stevens to close the public hearing. Allayes.
Streeby moved, seconded by Dalbey to pass the first consideration of Ordinance No. 3164- 2019,amending the Code of Ordinances by changing the zoning classification on certain property located at Lot169 in Wildwood Countryside Addition on Skyline Drive, in the City of Ottumwa, Wapello County, IAfrom R- 1 to R-2. All ayes.
Roe moved, seconded by Stevens to waive the second and third considerations, pass and adoptOrdinance No. 3164- 2019. All ayes.
Dalbey moved, seconded by Streeby that Res. No. 186- 2019, authorizing the Mayor to execute anAgreement for IA DOT Initiated Detour of Primary Highways onto Local Roads for the Madison Ave.Detour route, be passed and adopted. PW/Engineering Dir. Seals reported the IA DOT will betemporarily closing US Hwy 63 from the US 34 West Junction( roundabout) to River Road/J- 12 for thepurpose of full width reconstruction and maintenance. This agreement will authorize the IDOT to provide
a detour onto Madison Ave. to Vine St. to the westbound on ramp of Hwy 34 during this time. All ayes.
Mayor Lazio inquired if anyone from the audience wished to address an item not on the agenda. There
were none.
There being no further business, Streeby moved, seconded by Dalbey that the meeting adjourn. All ayes.
Adjournment was at 6: 16 P. M.
CITY OF OTTUMWA, IOWA
Tom X. La ' o, . ysr
3IPage
Regular Meeting No.228/ 20/ 19
ATTEST:- -.
christina Reinhais1. City Clerk
4IPage
Regular Meeting No.228/ 20/ I 9
OTTUMWA CITY COUNCIL MINUTES
SPECIAL MEETING NO. 23 August 23, 2019
Council Chambers, City Hall 12: 00 O' Clock P.M.
The meeting was called to order at 12: 01 P.M.
Present were Council Member Dalbey, Roe, Stevens, Streeby and Mayor Lazio. Council Member Bergwas absent.
Dalbey moved, seconded by Roe to approve the agenda as presented. All ayes.
Mayor Lazio inquired if there was anyone from the audience who wished to address an item on the
agenda. There were none.
Stevens moved, seconded by Dalbey to accept the resignation of Andy Morris as City Admin. effective8/ 23/ 19, subject to the negotiation of a severance package. City Attorney Keith stated that the proposedseverance package will be brought to council for approval once it is decided. All ayes.
Stevens moved, seconded by Dalbey to appoint Mayor Tom X. Lazio as the interim City Admin. CityAttorney Keith stated that Mayor Lazio has volunteered to serve as interim until a replacement can befound. He will not receive any additional compensation. She confirmed that this appointment is legal andappropriate for Council to make. All ayes.
Roe moved, seconded by Dalbey in hiring Attorney Gayla Harrison to supervise the negotiation of aseverance package with Andy Morris as well as provide legal guidance to the Mayor and Councilregarding personnel issues retroactive to 6/ 1/ 2019. Mayor consulted with Miss Harrison as advised bycouncil so City Attorney Keith would not have conflict of interest in this decision. Current bill forservices totals $ 1300. All ayes.
Stevens moved, seconded by Streeby to appoint Council Member Matt Dalbey to serve as Mayor Pro Temuntil Mayor Tom X. Lazio resumes his duties as Mayor. Ayes: Roe, Stevens, Streeby. Abstained:Dalbey. Motion passed.
Roe moved, seconded by Streeby to authorize Mayor Tom X. Lazio and City Attorney Joni Keith toestablish a process for hiring a City Admin., solicit RFP' s for executive search firms, and recommend thehiring of an executive search firm to recruit, conduct background checks and assist in the hiring of a newCity Admin. City Attorney Keith stated it may take 3- 6 months to fill this position. All ayes.
Mayor Lazio inquired if there was anyone from the audience who wished to address an item not on the
agenda. There were none.
Streeby moved, seconded by Dalbey that the meeting recess and reconvene in Room 108 for closedsession proceedings. All ayes. The meeting recessed at 12: 14 P.M.
SPECIAL MEETING NO. 23 August 23, 2019
Room 108, City Hall 12: 17 O' Clock P. M.
The meeting reconvened at 12: 17 P.M.
Present were Council Member Dalbey, Roe, Stevens, Streeby and Mayor Lazio. Council Member Bergwas absent.
Roe moved, seconded by Dalbey to enter into closed session in accordance with Iowa Code Section 21. 51. c (" To discuss strategy with counsel in matters that are presently in litigation or where litigation isimminent where its disclosure would be likely to prejudice or disadvantage the position of thegovernmental body in that litigation.") for the purpose of discussing pending litigation. All ayes.
The meeting entered closed session at 12: 18 P. M.
Roe moved, seconded by Stevens to return to open session for adjournment at 1: 20 P. M. All ayes.
Roe moved, seconded by Dalbey that the meeting adjourn. All ayes. Adjournment was at 1: 20 P. M.
CITY OF OTTUMWA, IOWA
ATTEST:
01WSkTom X. Lazio M.
Christina Reinhard, City Clerk
2 ' Page
Special Meeting No.238/ 23/ 19
Item No. B.- 2.
CITY OF
0i OTTUMWAa
PROCLAMATION
National Recovery MonthSeptember 2019
WHEREAS, Behavioral health is an essential part of health and one' s overall wellness; and
WHEREAS, Prevention of mental and/ or substance use disorders work, treatment is effective,and people recover in our area and around the nation; and
WHEREAS, Preventing and overcoming mental and/ or substance use disorders is essential toachieving healthy lifestyles, both physically and emotionally; and
WHEREAS, We must encourage relatives and friends of people with mental and/or substance
use disorders to implement preventative measures, recognize the signs of a
problem, and guide those in need to appropriate treatment and recovery supportservices; and
WHEREAS, In 2018, 4.2 million people aged 12 or older( 1. 6% of the population) received
treatment for a problem related to the use of alcohol or illicit drugs according to the2016 National Survey on Drug Use and Health; and
WHEREAS, In 2018, there were an estimated 9.9 million persons and adults aged 18 or older4.2% of all U.S. Adults) with serious mental illness according to the National
Institute ofMental Health; and given the serious nature of the this public health
problem, we must continue to reach the millions more who need help; and
WHEREAS, September 1, 2019 will mark thirty( 30) years of a nation recognizing personsfrom Substance Abuse and Mental Health conditions; and
WHEREAS, To help more people achieve and sustain long-term recovery, the U.S.Department of Health and Human Services( HHS), the Substance Abuse and
Mental Health Services Administration( SAMHSA), the White House Office of
National Drug Control Policy( ONDCP), and Ottumwa/ Wapello County, Iowainvite all residents of Wapello County/Ottumwa, Iowa to participate in NationalRecovery Month September 2019.
NOW, THEREFORE, I, MATT DALBEY, Mayor Pro Tem, City of Ottumwa, p oclaim September asNational Recovery Month" in Ottumwa, Iowa. I encourage all citizens to observe •' s
A•nth with appropriate
programs, activities, and ceremonies to support this year' s Recove %. :
iii
ii tA
raft Dalbey, Mayor P o TernA
Christina Reinhard, City Clerk
Item No. B.- 3 .
CITY OF
T;' OTTUMWAa
PROCLAMATION
Welcoming WeekSeptember 2019
WHEREAS, The success of the City of Ottumwa depends on ensuring everyone feelswelcome here and can fully contribute their skills. New residents fromother cities, states and nations have made the City of Ottumwa their homeand have become a vital part of our community- bringing freshperspectives and new ideas, starting businesses, and contributing to thevibrant diversity that we all value; and
WHEREAS, This week, we honor the spirit of unity that is bringing neighbors,organizations, colleagues and friends together across the City of Ottumwa.During Welcoming Week, I invite all residents to join this movement ofcommunities nationwide by renewing our commitment to our coreAmerican values and by taking action in the spirit of welcoming. Byworking together, we can achieve greater prosperity and make our
community the kind of place where diverse people from around the worldfeel valued and want to put down roots; and
WHEREAS, Regardless of where we are born or what we look like, we are all
Ottumwans united in our efforts to build a stronger community. Byrecognizing the contributions we all make to create a vibrant culture,
future-ready workforce and a growing economy, we make our communitymore prosperous and more inclusive to all who call it home; and
WHEREAS, We come together to build communities where every resident has theopportunity to contribute at their best. Let us come together to create moreprosperous communities and to affirm that the City of Ottumwa stands asa beacon of freedom, equity and opportunity.
NOW, THEREFORE, I, MATT DALBEY, Mayor Pro Tem, City of Ottumwa,proclaim the week of September 13` h as " Welcoming Week" in Ottumwa, Iowa. I call uponthe people and organizations of Ottumwa to join together to build stronger communities,
workforces and economies across our city.
op%AL.. ..gMatt Dalbey, Mays ' ro em
ST•
pciujeLieChristina Reinhard, City Clerk
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W4EEEEEEIXE
Item No. B.- 5.
t CITY OF
OTTUMWAV..119 AUG 28 Al _ 3'
September 3, 2019 J1,
TO: Ottumwa City Council Members
FROM: Matt Dalbey, Mayor Pro Tern
SUBJECT: APPOINTMENT TO CITY BOARDS AND/OR COMMISSIONS
Recommend appointment to the Cemetery Board of Trustees, term to expire 7/ 01/ 2020.
William Hansen
2874 Oak Meadow
Recommend reappointments to the Public Safety Advisory Board, terms to expire10/ 2/ 2022.
Shirley Gingrich- Sloanaker2610 Kenwood
Larry Jackson1315 N. Van Buren
John Swarney941 N. Court
lagraMalCITY OF OTTUMWA
Biographical Data for Appointment to City Advisory Board
The information contained on this form is for the use of the Mayor and City Council in order tofill vacancies on City Advisory Boards Commissions, Committees, or Task Forces.
Biographical forms may be submitted at any time during the year; however, they will be purgedJanuary 31 of each year. If you have not been appointed to an advisory board during thepreceding year, and still desire appointment, please resubmit an updated biographical form oradvise in writing that the initial form is still usable.
Board, Commission, Committee, or Task Force to which appointment is desired:
ClemerYName: 4„/"1/ 1/ 1/ vi ti /7./Arse. Telephone: 4 5`l 3'a7. 3 18a
Email: (optional) 1i) L/ 4cA Seftp/ 0Wale IFe,7A*, , N:1-
Address: AT 8 7`{ Q/M M640 aw ZIP: 6-a sO(
Business: A'/,4 Telephone: eV/p
Address: AO/ ZIP: / A,
Date Available for Appointment / jot,.> E-Mail: i1/ 4/
Present occupation: Re r/reA.
Previous Employment: ZVI) tq, y /// Js L? ,,, ey c
Answer the following: ( Use additional sheets if necessary)
Community Service:List boards, commissions, committees and organizations currently serving or have served on,
offices held and in what city).
l L/ plkpe %lo eia e- 1 er -/ t G'h e. (..i c4 I ,SoCt' / ( ex's"( cQC1
P4pt/ lo C' ry / cs l'ace, c,' 1 -* Cie tri C ( l,ce 1. ec ,'&1e. f
doah / r/<.:,a.0 / r/ '' c.r de."; F a.ri rs / I, ) 'tc.,een[ q ! Iicr-7f reri de,/
Do P t e- a ///( r. rYt t/ 41 c res C ` os*.,, I-1_e-0 i e_a; 1lb 9 J ell 4 r,.. AOR f efr d t.,4)I Ivo u 14. 1( 4. Cap.,.4.. alIcge
Please list any professional or vocational licenses or certificates you hold.
t1` e. - 4Qoe.. Ce: ,< , fa i4e.., ,, t.-e,
Personal:
Have you ever worked for the City of Ottumwa? Yes No
If yes, please list dates and names of departments)
Are you related to any employee or appointee of Yes No
the City of Ottumwa? ( If yes, please indicate name
and relationship.)
c/-
Rules of law and ethics prohibit members fromYes No
participating in and voting on matters in which theypay have a direct or indirect financial interest. Areyou aware of any potential conflicts of interestwhich may develop from your occupation or financialholdings in relation to your responsibilities as amember of the advisory body to which you seekappointment). ( If yes, please indicate any potentialconflicts).
V
Are you aware of the time commitment necessaryYes No
to fulfill the obligations of the advisory body towhich you seek appointment?
Please furnish brief written responses to the three following questions: ( Use additional sheets if
necessary.)
1. What is there specifically in your background, training, education, or interests whichqualifies you as an appointee?
1
recd Zr.." 41c3 PAtt._ t 7 t
2. What do you see as the objectives and goals of the advisory body to which you seekappointment? Gr/ fes, n
ie"
Atpr,L ca err 74 I. 12t T c'?
II"'
3. How would you help achieve these objectives and goals? What special qualities can you
bring to the advisory body?
91- 0
o .
9/--o u: r a iEc f- Y iw4/a-, lc CvG !(... 11 l Ji 11
a pc C y r h ed cccaflon tinct aH4e a r 4 , r . e". 0 - 5 re / t
u+::..fi( apo•- . 4- I h. 5 . LAve 7414. r 96 Pew•
I hereby certify that the following information is correct to the best of my knowledge.
Signature Date
You are invited to attach additional pages or submit supplemental information which you feelmay assist the Mayor and City Council in their evaluation of your application.
WHEN COMPLETED MAIL ORIGINAL TO: OFFICE OF THE MAYOR
Ottumwa City Hall105 E Third Street
Ottumwa, IA 52501
One of the goals of the City Council is to balance advisory board appointments in terms of genderand age.
The following information is desirable but not required for appointment.
Year of Birth P?' lf Male Female
Number of years a city resident it
YOUTH BOARD
MEMBER APPLICANT ONLY
Name of School Year
Item No. B.- 6.
iCITY OF OTTUMWA
2t19 AUG 21p STAFF SUMMARY31
F r
Council Meeting of: September 3, 2019 ITEM NO.
2(L)j41---
Joni Keith ILPrepared By /
Water Pollution Control FacilityLarrySeals ;J
Department Department Head
I
e` i . City Administr. or Approval
AGENDA TITLE: Appfve We appointment of Ronald Jacobsen to the position of
Superintendent for the Ottumwa Water Pollution Control Facility effective August 26, 2019.
PURPOSE: Approve the appointment of Ronald Jacobsen to the position of Superintendent for
the Ottumwa Water Pollution Control Facility effective August 26, 2019.
RECOMMENDATION: Approve the appointment.
DISCUSSION: This position fills that vacated by the retirement of Kam Reeves on June 30,2019. Ron is currently the Wastewater Plant Superintendent for the City of Winterset and hashis Grade IV Wastewater License. He has worked in wastewater plants in Arizona and Iowa and
has 40 years of experience in the wastewater field. Ron will start at$ 81, 633 per year with stepincreases for the next two years. This is an exempt, non-civil service position.
Item No. B.- 7.
City of Ottumwa291 ' EC 20 Fri 3: 23
Staff Summary
Council Meeting of: September 3, 2019 Item No. G , ! .. a ,
Robert Jay
Prepared By
Finance Department J
Department 1 Dept. Head
City Administrator
Agenda Title: Approve the Annual Urban Renewal Report for the Westgate Urban
Renewal Area, Airport Urban Renewal Area, Wildwood Drive/ Highway 34 Urban
Renewal Area and the Hospital District/ Pennsylvania Avenue Corridor Urban Renewal
Area for the fiscal year of July 2018 through June 2019 for the City of Ottumwa, Iowa.
Purpose: Approve the Annual Urban Renewal Report for the Westgate Urban Renewal
Area, Airport Urban Renewal Area, Wildwood Drive/ Highway 34 Urban Renewal Area
and the Hospital District/ Pennsylvania Avenue Corridor Urban Renewal Area for the
fiscal year of July 2018 through June 2019 for the City of Ottumwa, Iowa.
Recommendation: Approve the Annual Urban Renewal Report for the Westgate Urban
Renewal Area, Airport Urban Renewal Area, Wildwood Drive/ Highway 34 Urban
Renewal Area and the Hospital District/ Pennsylvania Avenue Corridor Urban Renewal
Area for the fiscal year of July 2018 through June 2019 for the City of Ottumwa, Iowa.
Discussion: Effective July 1, 2012 with the passing of House File 2460 each levy authoritymust file an " Annual Urban Renewal Report" by December 1st of the calendar year for
the preceding fiscal year. The report must be approved by Council. Once approved thisreport will be submitted to the Iowa Department of Management.
evy Authority Summaryoca1 Government Name: OTTUMWA
oca1 Government Number: 90G868
U.R. #of Tif
fictive Urban Renewal Areas TaxingDistricts
TTUMWA WESTGATE URBAN RENEWAL 90001 7
TTUMWA AIRPORT URBAN RENEWAL 90002 4
IOSPITAL DISTRICT PENN AVE CORRIDOR URBAN RENEWAL 90003 1
TTUMWA WILDWOOD DR/HWY 34 90075 1
CIF Debt Outstanding: 5,066,434
CIF Sp. Rev. Fund Cash Balance Amount of 07- 01- 2018 Cash Balance
is of 07- 01- 2018: 187,299 0 Restricted for LMI
IF Revenue: 767,364
IF Sp. Revenue Fund Interest: 0
roperty Tax Replacement Claims 0
lsset Sales & Loan Repayments: 54,698
Cotal Revenue: 822,062
tebate Expenditures: 0
Jon- Rebate Expenditures: 787,658
teturned to County Treasurer: 0
Cotal Expenditures: 787,658
ear-End Outstanding TIFbligations, Net of TIF Special
tevenue Fund Balance: 4,431, 671
Created: Tue Aug 20 13: 48:08 CDT 2019Paoa 1 of'7?
f Annual Urban Renewal Report, Fiscal Year 2018 - 2019
Jrban Renewal Area Data Collection
oca1 Government Name: OTTUMWA (90G868)
Jrban Renewal Area: OTTUMWA WESTGATE URBAN RENEWAL
JR Area Number: 90001
JR Area Creation Date: 05/ 1989
To achieve a diversified well
balanced economy/ standard ofliving/tax base with plans forland/commercial/ industrial and
residential development providingfor installation of public
works/ infrastructure and amenities,
elimination of blight, encourage
commercial and industrial growth,
rehabilitation of central business
district with a sound economic
JR Area Purpose: base for future development.
Base IncrementIncrement
Fax Districts within this Urban Renewal Area ValueNo. No.
Used
TTUMWA CITY/OTTUMWA SCH/WESTGATE UR TIF INCREM 90042 90043 0
TTUMWA CITY AG/OTTUMWA SCH/WESTGATE AG UR TIF INCREM 90044 90045 0
TTUMWA CITY/OTTUMWA SCH/WESTGATE2 UR TIF INCREM 90050 90051 0
TTUMWA CITY/OTTUMWA SCH/WESTGATE3 UR TIF INCREM 90067 90068 16,948,26'7
TTUMWA CITY AG/OTTUMWA SCH/WESTGATE3 UR TIF INCREM 90069 90070 0
TTUMWA CITY/OTTUMWA SCH/ WESTGATE4 TIF INCREM 90071 90072 0
TTUMWACITY/OTTUMWASCH/WESTGATE # 7 INCREMENT 90077 90078 0
Jrban Renewal Area Value by Class - 1/ 1/ 2017 for FY 2019
Agricultural Residential Commercial Industrial Qther Military Total Gas/Electric Utility Total
assessed 64,990 93, 927, 474 98, 029,343 18, 709,580 0 - 314,840 216,227,862 0
axable 35, 386 52,243, 312 88, 226,409 16, 838, 623 0 - 314, 840 161, 605, 304 0
lomestead Credits
CIF Sp. Rev. Fund Cash Balance Amount of 07- 01- 2018 Cash Balance
Ls of 07- 01- 2018: 32,649 0 Restricted for LMI
IF Revenue: 652, 711
IF Sp. Revenue Fund Interest: 0
roperty Tax Replacement Claims 0
1.sset Sales & Loan Repayments: 0
Cotal Revenue: 652, 711
rebate Expenditures: 0
Jon- Rebate Expenditures: 641, 180
returned to County Treasurer: 0
Cotal Expenditures: 641, 180
Created: Tue Aug 20 13:48:08 CDT 2019Pam. of 7?
Annual Urban Renewal Report, Fiscal Year 2018- 2019
Projects For OTTUMWA WESTGATE URBAN RENEWAL
owntown Maintenance
escription: Downtown Beautification Program
Main Street Iowa Program- Iowa Economic Developmentlassification: Authorityhysically Complete: No
ayments Complete: No
Vlainstreet Iowa
escription: Contribution to Main Street Iowa Program
Main Street Iowa Program- Iowa Economic Developmentlassification: Authorityhysically Complete: No
ayments Complete: No
Xildwood Drive Street Proj.
escription: Raise Wildwood Dr. for Kohl' s Developmentlassification: Roads, Bridges & Utilities
hysically Complete: Yes
ayments Complete: No
owa Ave/East Main Street
escription: Reconstruct street in front of Cargill Meat Solutionslassification: Roads, Bridges & Utilities
hysically Complete: Yes
ayments Complete: No
uincy Ave Street Proj.
escription: Street Reconstruction
lassification: Roads, Bridges & Utilities
hysically Complete: Yes
ayments Complete: No
Market St. Bridge Repair
escription: Repair Downtown Bridge
lassification: Roads, Bridges & Utilities
hysically Complete: Yes
ayments Complete: No
agoon Pump Station Proj.
escription: Const. of a Pump Stationlassification: Water treatment plants, waste treatment plants & lagoons
Created: Tue Aug 20 13: 48:08 CDT 2019Pa aP of
hysically Complete: Yes
ayments Complete: No
Created: Tue Aug 20 13: 48:08 CDT 2019PaaP4nf' 7?
4 Annual Urban Renewal Report, Fiscal Year 2018 - 2019
Debts/ Obligations For OTTUMWA WESTGATE URBAN RENEWAL
012 G.O Refunding
ebt/Obligation Type: Gen. Obligation Bonds/Notes
rincipal: 120,000
nterest: 2,650
Total: 122, 650
iknnual Appropriation?: No
ate Incurred: 03/ 31/ 2012
Y of Last Payment: 2019
013 CIP G.O.
ebt/Obligation Type: Gen. Obligation Bonds/Notes
rincipal: 244,000
nterest: 3, 678
Total: 247, 678
annual Appropriation?: No
ate Incurred: 04/02/ 2013
Y of Last Payment: 2020
013 CIP G.O.
ebt/Obligation Type: Gen. Obligation Bonds/Notes
rincipal: 366,000
nterest: 5, 517
Total: 371, 517
lnnual Appropriation?: No
ate Incurred: 04/ 02/2013
Y of Last Payment: 2020
013 D G.O.
ebt/Obligation Type: Gen. Obligation Bonds/Notes
rincipal: 1, 757, 500
nterest: 379,571
Total: 2, 137, 071
annual Appropriation?: No
ate Incurred: 12/ 30/2013
Y of Last Payment: 2033
owntown Maintenance
ebt/Obligation Type: Other Debt
rincipal: 34,076
nterest: 0
Total: 34,076
lnnual Appropriation?: Yes
ate Incurred: 07/01/ 2017
Y of Last Payment: 2018
Created: Tue Aug 20 13: 48:08 CDT 2019Pa ancnf7
Vlainstreet Ottumwa
ebt/Obligation Type: Other Debt
rincipal: 10,000
nterest: 0
otal: 10,000
lnnual Appropriation?: Yes
ate Incurred: 07/01/ 2017
Y of Last Payment: 2018
Created: Tue Aug 20 13:48:08 CDT 2019PaaPAnf 7
Annual Urban Renewal Report, Fiscal Year 2018 2019
von-Rebates For OTTUMWA WESTGATE URBAN RENEWAL
IF Expenditure Amount: 10,000
Tied To Debt: Mainstreet Ottumwa
Tied To Project: Mainstreet Iowa
TIF Expenditure Amount: 132,624
Tied To Debt: 2013 CIP G.O.
Tied To Project: Market St. Bridge Repair
TIF Expenditure Amount: 34,076
Tied To Debt: Downtown Maintenance
ied To Project: Downtown Maintenance
TIF Expenditure Amount: 122, 650
ied To Debt: 2012 G.O RefundingTied To Project: Wildwood Drive Street Proj.
TIF Expenditure Amount: 198, 936
Tied To Debt: 2013 CIP G.O.
Tied To Project: Quincy Ave Street Proj.
TIF Expenditure Amount: 142, 894
Tied To Debt: 2013 D G.O.
ied To Project: Lagoon Pump Station Proj.
Created: Tue Aug 20 13: 48:08 CDT 2019PaaP 7 of 77
4 Annual Urban Renewal Report, Fiscal Year 2018 - 2019
CIF Taxing District Data Collectionocal Government Name: OTTUMWA (90G868)
Jrban Renewal Area: OTTUMWA WESTGATE URBAN RENEWAL (90001)
IF Taxing District Name: OTTUMWA CITY/OTTUMWA SCH/WESTGATE UR TIF INCREM
IF Taxing District Inc. Number: 90043
IF Taxing District Base Year: 1989
TIF Revenue First Received: 1991UR Designation
Slum Noubject to a Statutory end date? Yes Blighted 05/ 1989iscal year this TIF Taxing District Economic Development 05/ 1989
tatutorily ends: 2023
IF Taxing District Value by Class - 1/ 1/ 2017 for FY 2019
Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total
assessed 0 31, 276,750 28, 334,840 152, 040 0 - 109,268 60,398,888 0
axable 0 17,396,418 25, 501, 356 136, 836 0 - 109,268 43, 511, 657 0
lomestead Credits
Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used
fiscal Year 2019 17, 102, 818 43, 405, 338 0 43,405,338 1, 710,430
Y 2019 TIF Revenue Received: 0
CIF Taxing District Data Collectionoca1 Government Name: OTTUMWA (90G868)
Irban Renewal Area: OTTUMWA WESTGATE URBAN RENEWAL (90001)
IF Taxing District Name: OTTUMWA CITY AG/OTTUMWA SCH/WESTGATE AG UR TIF INCREM
IF Taxing District Inc. Number: 90045
IF Taxing District Base Year: 1989
TIF Revenue First Received: 1991UR Designation
Slum No
ubject to a Statutory end date? Yes Blighted No
iscal year this TIF Taxing District Economic Development 05/ 1989
tatutorily ends: 2023
IF Taxing District Value by Class - 1/ 1/ 2017 for FY 2019
Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total
assessed 64,990 0 0 0 0 0 64,990 0
Taxable 35,386 0 0 0 0 0 35, 386 0
lomestead Credits
Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used
Discal Year 2019 63, 662 1, 328 0 1, 328 32
Y 2019 TIF Revenue Received: 0
Created: Tue Aug 20 13: 48:08 CDT 2019Pave R al?
4 Annual Urban Renewal Report, Fiscal Year 2018 - 2019
CIF Taxing District Data Collectionocal Government Name: OTTUMWA (90G868)
Jrban Renewal Area: OTTUMWA WESTGATE URBAN RENEWAL (90001)
IF Taxing District Name: OTTUMWA CITY/OTTUMWA SCH/WESTGATE2 UR TIF INCREM
IF Taxing District Inc. Number: 90051
IF Taxing District Base Year: 1994UR
Y TIF Revenue First Received: 1996 DesignationSlumNoubject to a Statutory end date? Yes Blighted 07/ 1994iscal year this TIF Taxing District Economic Development 07/ 1994
tatutorily ends: 2023
IF Taxing District Value by Class - 1/ 1/ 2017 for FY 2019
Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total
lssessed 0 12, 102, 800 33, 250,690 280,420 0 - 55, 560 48, 810, 137 0
Taxable 0 6, 731, 663 29,925, 621 252,378 0 - 55, 560 39,399, 137 0
Tomestead Credits
Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used
iscal Year 2019 32, 115, 103 16, 750,594 0 16, 750,594 660,073
Y 2019 TIF Revenue Received: 0
CIF Taxing District Data Collectionoca1 Government Name: OTTUMWA (90G868)
Jrban Renewal Area: OTTUMWA WESTGATE URBAN RENEWAL (90001)
IF Taxing District Name: OTTUMWA CITY/OTTUMWA SCH/WESTGATE3 UR TIF INCREMIF Taxing District Inc. Number: 90068
IF Taxing District Base Year: 2002
Y TIF Revenue First Received: 2004Designation
Slum Noubject to a Statutory end date? Yes
Blighted 05/ 20027iscal year this TIF Taxing District Economic Development 05/ 2002
tatutorily ends: 2023
IF Taxing District Value by Class - 1/ 1/ 2017 for FY 2019Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total
assessed 0 39, 312,724 29,341, 660 0 0 - 100, 008 70, 114, 537 0
Taxable 0 21, 866,109 26,407,494 0 0 - 100,008 49,402,221 0
Tomestead Credits
Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used
iscal Year 2019 27, 194,312 43, 020,233 16, 948, 267 26, 071, 966 1, 027,391
Y 2019 TIF Revenue Received: 652, 711
Created: Tue Aug 20 13:48:08 CDT 2019PaaP9nf77
Annual Urban Renewal Report, Fiscal Year 2018 - 2019
IF Taxing District Data Collectionocal Government Name: OTTUMWA (90G868)
Jrban Renewal Area: OTTUMWA WESTGATE URBAN RENEWAL ( 90001)
IF Taxing District Name: OTTUMWA CITY AG/OTTUMWA SCH/ WESTGATE3 UR TIF INCREM
IF Taxing District Inc. Number: 90070
IF Taxing District Base Year: 2002
Y TIF Revenue First Received: 2004UR Designation
Slum Noiubject to a Statutory end date? Yes Blighted Noiscal year this TIF Taxing District Economic Development 05/ 2002
tatutorily ends: 2023
IF Taxing District Value by Class - 1/ 1/ 2017 for FY 2019Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total
assessed 0 0 0 0 0 0 0 0
1111axable 0 0 0 0 0 0 0 0
lomestead Credits
Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used
7iscal Year 2019 0 0 0 0 0
Y 2019 TIF Revenue Received: 0
CIF Taxing District Data Collectionocal Government Name: OTTUMWA (90G868)
Irban Renewal Area: OTTUMWA WESTGATE URBAN RENEWAL (90001)
IF Taxing District Name: OTTUMWA CITY/OTTUMWA SCH/WESTGATE4 TIF INCREM
IF Taxing District Inc. Number: 90072
IF Taxing District Base Year: 2009
Y TIF Revenue First Received: 2011UR Designation
NoSlumubject to a Statutory end date? Yes Blighted 11/ 2009
Iscal year this TIF Taxing District Economic Development 11/ 2009
tatutorily ends: 2030
IF Taxing District Value by Class - 1/ 1/ 2017 for FY 2019
Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total
assessed 0 9, 127, 590 5,456,783 18, 277, 120 0 - 42,596 32, 915, 607 0
Taxable 0 5, 076,854 4, 911, 105 16,449,409 0 - 42,596 26,470,932 0
lomestead Credits
Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used
iscal Year 2019 54, 559,403 0 0 0 0
Y 2019 TIF Revenue Received: 0
Created: Tue Aug 20 13: 48:08 CDT 2019Paap 1nnf77
r1 Annual Urban Renewal Report, Fiscal Year 2018- 2019
CIF Taxing District Data Collectionocal Government Name: OTTUMWA (90G868)
Jrban Renewal Area: OTTUMWA WESTGATE URBAN RENEWAL ( 90001)
IF Taxing District Name: OTTUMWACITY/OTTUMWASCH/WESTGATE #7 INCREMENT
IF Taxing District Inc. Number: 90078
IF Taxing District Base Year: 2016 UR DesignationSlum No
Y TIF Revenue First Received: Blighted No
ubject to a Statutory end date? NoEconomic Development No
IF Taxing District Value by Class - 1/ 1/ 2017 for FY 2019Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total
assessed 0 2, 107, 610 1, 645, 370 0 0 - 7,408 3, 923, 703 0
axable 0 1, 172, 268 1, 480,833 0 0 - 7,408 2, 785, 971 0
Iomestead Credits
Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used
7iscal Year 2019 5, 208, 609 0 0 0 0
Y 2019 TIF Revenue Received: 0
Created: Tue Aug 20 13: 48:08 CDT 2019Paoa 11 rf11
Jrban Renewal Area Data Collection
ocal Government Name: OTTUMWA (90G868)
Jrban Renewal Area: OTTUMWA AIRPORT URBAN RENEWAL
JR Area Number: 90002
IR Area Creation Date: 07/ 1994
To plan and provide sufficient land
for comm./industrial dev., install
public works and facilities
eliminate blight,maintain
transportation network, provide a
marketable/ investment climate and
encourage commercial and
industrial growth and expansion
JR Area Purpose: with a sound econ. base.
Base IncrementIncrement
Fax Districts within this Urban Renewal AreaNo. No.
value
Used
UCHLAND TWP/OTTUMWA SCH/ A P TIF INCREM 90056 90057 0
TTUMWA CITY/OTTUMWA SCH/A P TIF INCREM 90058 90059 0
TTUMWA CITY AG/OTTUMWA SCH/A P TIF INCREM 90060 90061 0
ENTER TWP/OTTUMWA SCH/A P TIF INCREM 90062 90063 0
Jrban Renewal Area Value by Class - 1/ 1/ 2017 for FY 2019Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total
assessed 2, 518, 370 15, 882, 790 7, 836,440 7, 541, 474 0 - 20, 372 33, 758, 702 0
axab1e 1, 371, 204 8, 834, 145 7, 052,796 6,787, 327 0 - 20, 372 24,025, 100 0
Iomestead Credits
CIF Sp. Rev. Fund Cash Balance Amount of 07- 01- 2018 Cash Balance
is of 07- 01- 2018: 0 0 Restricted for LMI
IF Revenue: 0
IF Sp. Revenue Fund Interest: 0
roperty Tax Replacement Claims 0
sset Sales & Loan Repayments: 0
Fotal Revenue: 0
tebate Expenditures: 0
ion-Rebate Expenditures: 0
teturned to County Treasurer: 0
Fotal Expenditures: 0
Created: Tue Aug 20 13: 48:08 CDT 2019PaaP 17 of 99
CIF Taxing District Data Collectionoca1 Government Name: OTTUMWA (90G868)
Jrban Renewal Area: OTTUMWA AIRPORT URBAN RENEWAL (90002)IF Taxing District Name: RICHLAND TWP/OTTUMWA SCH/A P TIF INCREMIF Taxing District Inc. Number: 90057
IF Taxing District Base Year: 1994Designation
Y TIF Revenue First Received: 1996Slum No
ubject to a Statutory end date? YesBlighted 06/ 1994
7iscal year this TIF Taxing District Economic Development 06/ 1994
tatutorily ends: 2019
IF Taxing District Value by Class - 1/ 1/ 2017 for FY 2019Agricultural Residential Commercial Industrial Other Military Total Gas/ Electric Utffity Total
lssessed 1, 945, 630 5, 522,400 7, 836,440 7,541, 474 0 - 12, 964 22, 832,980 0
axable 1, 059,357 3, 071, 603 7,052, 796 6,787,327 0 - 12, 964 17, 958, 119 0
Iomestead Credits
Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used
7iscal Year 2019 9,691, 355 13, 154,589 0 13, 154,589 327, 197
Y 2019 TIF Revenue Received: 0
CIF Taxing District Data Collectionocal Government Name: OTTUMWA (90G868)
Jrban Renewal Area: OTTUMWA AIRPORT URBAN RENEWAL (90002)IF Taxing District Name: OTTUMWA CITY/OTTUMWA SCH/ A P TIF INCREMIF Taxing District Inc. Number: 90059
IF Taxing District Base Year: 1994UR nation
Slum NoY TIF Revenue First Received: 1996
Blighted 06/ 1994ubject to. a Statutory end date? No
Economic Development 06/ 1994
IF Taxing District Value by Class - 1/ 1/ 2017 for FY 2019Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total
assessed 0 10,215, 290 0 0 0 - 7,408 10,207,882 0
Taxable 0 5, 681, 836 0 0 0 - 7,408 5, 674,428 0
Iomestead Credits
Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Usediscal Year 2019 83, 802 5, 674,428 0 5, 674,428 223, 606
Y 2019 TIF Revenue Received: 0
Created: Tue Aug 20 13: 48:08 CDT 2019Pam. 11 of 1?
CIF Taxing District Data Collectionocal Government Name: OTTUMWA (90G868)
Jrban Renewal Area: OTTUMWA AIRPORT URBAN RENEWAL ( 90002)
IF Taxing District Name: OTTUMWA CITY AG/OTTUMWA SCH/A P TIF INCREM
IF Taxing District Inc. Number: 90061
IF Taxing District Base Year: 1994UR Designation
7Y TIF Revenue First Received: 1996
BlumNo
Blighted 06/ 1994ubject to a Statutory end date? No Economic Development 06/ 1994
IF Taxing District Value by Class - 1/ 1/ 2017 for FY 2019Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total
ssessed 350 0 0 0 0 0 350 0
axable 191 0 0 0 0 0 191 0
lomestead Credits
Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used
7iscal Year 2019 205 145 0 145 3
AY 2019 TIF Revenue Received: 0
CIF Taxing District Data Collectionocal Government Name: OTTUMWA (90G868)
Jrban Renewal Area: OTTUMWA AIRPORT URBAN RENEWAL (90002)
IF Taxing District Name: CENTER TWP/OTTUMWA SCH/A P TIF INCREM
IF Taxing District Inc. Number: 90063
IF Taxing District Base Year: 1994UR Designation
AY TIF Revenue First Received: 1996
BlumNo
Blighted 06/ 1994ubject to a Statutory end date? No Economic Development 06/ 1994
IF Taxing District Value by Class - 1/ 1/ 2017 for FY 2019Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total
ssessed 572, 390 145, 100 0 0 0 0 717,490 0
axable 311, 656 80,706 0 0 0 0 392,362 0
homestead Credits
Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used
iscal Year 2019 320,348 392, 362 0 392, 362 9, 565
Y 2019 TIF Revenue Received: 0
Created: Tue Aug 20 13: 48:08 CDT 2019Paan 14 of 77
Jrban Renewal Area Data Collection
ocal Government Name: OTTUMWA (90G868)
Jrban Renewal Area: HOSPITAL DISTRICT PENN AVE CORRIDOR URBAN RENEWAL
JR Area Number: 90003
IR Area Creation Date: 10/2011
URA activities are designed to
provide opportunities, incentives,
and sites for community economicdevelopment purposes, includingnew and expanded commercial
development using public andprivate investment for the sound
development of public works and
facilities for the efficient
development andto acheive amarketable and attractive
investment climate as well as a
diversified, well balanced economyproviding a desirable standard ofliving, job opportunity and
JR Area Purpose: strengthened tax base.
Base IncrementIncrement
Fax Districts within this Urban Renewal AreaNo. No.
Value
Used
TTUMWA CITY/OTTUMWA SCH/HOSP DIST PENN AVE CORRIDOR INCREMENT 90073 90074 0
Jrban Renewal Area Value by Class - 1/ 1/ 2017 for FY 2019Agricultural - Residential Commercial Industrial Other Military Total Gas/ Electric Utility Total
assessed 0 1, 107,250 47, 787,760 0 0 - 3, 704 61, 059, 608 0
axable 0 615, 867 43,008,984 0 0 - 3, 704 53, 203, 686 0
iomestead Credits
CIF Sp. Rev. Fund Cash Balance Amount of 07- 01- 2018 Cash Balanceis of 07- 01- 2018: 0 0 Restricted for LMI
IF Revenue: 0
IF Sp. Revenue Fund Interest: 0
roperty Tax Replacement Claims 0
sset Sales & Loan Repayments: 0
Cotal Revenue: 0
tebate Expenditures: 0
Ton- Rebate Expenditures: 0
teturned to County Treasurer: 0
Cotal Expenditures: 0
Created: Tue Aug 20 13:48:08 CDT 2019Pae 1 S of 79
CIF Taxing District Data Collectionocal Government Name: OTTUMWA (90G868)
Jrban Renewal Area: HOSPITAL DISTRICT PENN AVE CORRIDOR URBAN RENEWAL ( 90003)
IF Taxing District Name: OTTUMWA CITY/OTTUMWA SCH/HOSP DIST PENN AVE CORRIDOR
NCREMENT
IF Taxing District Inc. Number: 90074
IF Taxing District Base Year: 2011UR Designation
TIF Revenue First Received: 2013Slum No
subject to a Statutory end date? Yes Blighted No
7iscal year this TIF Taxing District Economic Development 11/ 2011
tatutorily ends: 2031
IF Taxing District Value by Class - 1/ 1/ 2017 for FY 2019
Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total
ssessed 0 1, 107, 250 47, 787,760 0 0 - 3, 704 61, 059,608 0
axable 0 615, 867 43,008,984 0 0 - 3, 704 53, 203, 686 0
iomestead Credits
Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used
isca1 Year 2019 31, 594, 176 29,469, 136 0 29,469, 136 1, 161, 260
7Y 2019 TIF Revenue Received: 0
Created: Tue Aug 20 13: 48:08 CDT 2019Paap 16 of
4 Annual Urban Renewal Report, Fiscal Year 2018 - 2019
Jrban Renewal Area Data Collection
oca1 Government Name: OTTUMWA (90G868)
Jrban Renewal Area: OTTUMWA WILDWOOD DR/HWY 34
JR Area Number: 90075
IR Area Creation Date: 08/ 2011
To establish and provide
opportunities, incentives and sites
for community economicdevelopment, including privateinvestment in the area, plan for and
provide sufficient land for
commercial development in a
manner that is efficient from the
standpoint of providing municipalservices and provide a more
marketable and attractive
investment climate as well as
provide a diversified, well
balanced economy creating jobopportunities and standard of
living as well as increasing the taxJR Area Purpose: base.
Base IncrementIncrement
Fax Districts within this Urban Renewal AreaNo. Na
Value
Used
TTUMWACITY/OTTUMWASCH/OTT WILDWOOD DR/HWY 34 INCREMENT 90075 90076 2,924,559
Jrban Renewal Area Value by Class - 1/ 1/ 2017 for FY 2019Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total
assessed 0 0 3, 249,510 0 0 0 3, 249,510 0
axable 0 0 2, 924,559 0 0 0 2, 924,559 0
lomestead Credits
CIF Sp. Rev. Fund Cash Balance Amount of 07- 01- 2018 Cash Balance
Ls of 07- 01- 2018: 154,650 0 Restricted for LMI
IF Revenue: 114, 653
IF Sp. Revenue Fund Interest: 0
roperty Tax Replacement Claims 0
lsset Sales & Loan Repayments: 54,698
Cotal Revenue: 169,351
rebate Expenditures: 0
ton-Rebate Expenditures: 146,478
returned to County Treasurer: 0
Cotal Expenditures: 146,478
Created: Tue Aug 20 13: 48:08 CDT 2019Pace 17 of
Annual Urban Renewal Report, Fiscal Year 2018- 2019
Projects For OTTUMWA WILDWOOD DR/HWY 34
ohl' s Dept. Store Development
escription: Building and opening of Kohl's Dept. Store7lassification: Commercial - retail
hysically Complete: Yes
ayments Complete: No
Created: Tue Aug 20 13:48:08 CDT 2019Paap1Rnf77
4, Annual Urban Renewal Report, Fiscal Year 2018 2019
Debts/ Obligations For OTTUMWA WILDWOOD DR/HWY 34
3eneral Fund Loan#2
ebt/Obligation Type: Internal Loans
rincipal: 90,660
nterest: 0
otal: 90,660
knnual Appropriation?: No
ate Incurred: 08/ 19/2012
Y of Last Payment: 2024
Caxable Series 2011A
ebt/Obligation Type: Gen. Obligation Bonds/Notes
rincipal: 1, 545, 000
nterest: 466,662
otal: 2,011, 662
knnual Appropriation?: No
ate Incurred: 09/ 18/ 2011
Y of Last Payment: 2031
eneral Fund Loan #3
ebt/Obligation Type: Internal Loans
rincipal: 41, 120
nterest: 0
otal: 41, 120
knnual Appropriation?: No
ate Incurred: 06/04/ 2014
1( of Last Payment: 2032
Created: Tue Aug 20 13: 48:08 CDT 2019Pam. 19 of 77
Annual Urban Renewal Report, Fiscal Year 2018 2019
von-Rebates For OTTUMWA WILDWOOD DRJHWY 34
IF Expenditure Amount: 146,478
led To Debt: Taxable Series 2011A
lied To Project: Kohl' s Dept. Store Development
Created: Tue Aug 20 13: 48:08 CDT 2019Paan ) fl of 91
Annual Urban Renewal Report, Fiscal Year 2018 - 2019
Additional property taxes paid by Kohl's per agreement of$54,698 entered in Asset Sales andLoan Repayments.
256 Characters Left
Sum of Private Investment Made Within This Urban Renewal Area
during FY 2019
Created: Tue Aug 20 13:48:08 CDT 2019Pana' 1 of 77
Annual Urban Renewal Report, Fiscal Year 2018 - 2019
CIF Taxing District Data Collectionoca1 Government Name: OTTUMWA (90G868)
Jrban Renewal Area: OTTUMWA WILDWOOD DR/HWY 34 ( 90075)
IF Taxing District Name: OTTUMWACITY/OTTUMWASCH/OTT WILDWOOD DR/HWY 34 INCREMENT
IF Taxing District Inc. Number: 90076
IF Taxing District Base Year: 2011UR Designation
TIF Revenue First Received: 2014Slum No
Blighted Noubject to a Statutory end date? No Economic Development 08/2011
IF Taxing District Value by Class - 1/ 1/ 2017 for FY 2019Agricultural Residential Commercial Industrial Other Military Total Gas/Electric Utility Total
assessed 0 0 3, 249,510 0 0 0 3, 249,510 0
axable 0 0 2, 924,559 0 0 0 2, 924,559 0
1omestead Credits
Frozen Base Value Max Increment Value Increment Used Increment Not Used Increment Revenue Not Used
Tisca1 Year 2019 12, 928 2, 924,559 2, 924,559 0 0
AT 2019 TIF Revenue Received: 114,653
Created: Tue Aug 20 13: 48:08 CDT 2019Pam. ? 7nf??
Item No. B.- 8.n -
City of Ottumwa 9 .= i9 23
Staff Summary
Council Meeting of: September 3, 2019 Item No.
Robert Jay
Prepared By
Finance Department
Department jor- Dept. ad"
1110/
City Administrator
Agenda Title: Resolution No. 182- 2019 Approving the Street Financial Report for the
fiscal year of July 2018 through June 2019 for the City of Ottumwa, Iowa.
Purpose: Approval of the Street Financial Report for Fiscal Year of July 1, 2018 throughJune 30, 2019.
Recommendation: Pass and Adopt Resolution No. 182- 2019
Discussion: The Street Financial Report shows activity in the Road Use Tax, along with
activity in other funds connected with street construction. Iowa statute requires cities
to file the Street Financial Report in order to continue receiving Road Use Tax funding.
The report will be electronically filed upon approval of the City Council. The last pageidentifies all of the street projects that were worked on this last fiscal year and the
amounts expended.
Source of Funds Road Use Tax Budgeted Item N/ A Budget Amendment Needed N/ A_
RESOLUTION NO. 182- 2019
A RESOLUTION APPROVING THE STREET FINANCIAL REPORT FOR THE
FISCAL YEAR OF JULY 1, 2018 THROUGH JUNE 30 2019 FOR THE
CITY OF OTTUMWA
WHEREAS, The statutes of the State of Iowa require that cities file a yearly Financial
Report covering Road Use Funds and other street funds, in order to be
Eligible for continued road use funding.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTTUMWA,
IOWA: that;
The attached Street Financial Report to the State of Iowa is Hereby
Approved for submittal to the Iowa Department of Transportation,
Road Use Division
A/PASSED AND APPROVED THIS 3rd DAY OF . 1 e4+ - 0 s
oriViNk
t D. 1. ey, Mayor Pro Tem
ATTEST:
eitit411-/-litik--'
Christina Reinhard, City Clerk
Q IOWADOTCity Street Financial Report
Form 517007 { 5- 2019} 8/8/2019 12: 00 PM
Office of Local Systems Fiscal Year
Ames, IA 50010 2019
City Name Sh,
OTTUMWA 1 of 10
Cover Sheet
Now therefore let it be resolved that the city council OTTUMWA Iowa
City Name)
On 09/03/ 2019 did hereby approve and adopt the annualmonth/ day/year)
City Street Financial Report from July 1, 2018 to June 30, 2019
Year) Year)
Contact Information
Name E-mail Address Street Address city ZIP Code
CHRIS REINHARD [email protected]. ia.us 105 E THIRD STREET OTTUMWA 52501- 0000
Hours Phone Extension PhonefAltenative)
8 A.M. TO 4: 30 P. M. 641- 683- 0621 641- 683- 0621
Preparer Information
ame. E- mail Address Phone Extension
KRISTI MCDOWELL [email protected]. ia.us 641- 683- 0673
Mayor Information
Name E-mail Address Street Address city ZIP Code
TOM X LAZIO [email protected]. ia. us 105 E THIRD STREET OTTUMWA 52501- 0000
Phone Extension
641- 683- 0600
Resolutio .• ober 182-2019
0/".7
Signa1111"
ayor/ Signature City Clerk
IoWADOT City Street Financial Report 8/ 8/ 2019 12: 00 PM
Office of Local Systems Fiscal Year
Form 517007 { 5- 2019}
Ames, IA 50010 2019
City NameOTTUMWA 2 of 10
Summary Statement Sheet
Column 1 Column 2 Column 3 Column 4 Column 1 Column 2 Column 3 Column 4
Road use Other Street Street Debt Totals Road use Other Street Street Debt Totals
Tax Fund Monies Tax Fund Monies
Round Figures to Nearest Dollars Round Figures to Nearest Dollarso,...
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trami"; ' 4, . 0 0 0 t t + ti 3f:'' .„ 5 $ 1, 683,955 $ 5,619,416 0
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7:
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IOWADOTForm 517007 { 5- 2019}
City Street Financial Report8/ 8/ 2019 12: 00 PM
Office of Local Systems Fiscal Year
Ames, IA 50010 2019
City Name f
OTTUMWA 3 of 10
Miscellaneous Revenues and Expenses Sheet
Q' ., 7
124--- Iowa DOT 475,000.00 0. 00
192--- Donations 267,408. 00 0. 00
174--- Sales Tax/ Local Option 634,995. 00 0.00
181-- Junk and Old 1, 218.00 0.00
140-- Federal Government( misc.) 1, 125, 578.00 0.00
193-- Fines& Fees 64, 883. 00 0.00
170-- Reimbursements( misc.) 2,669,934.00 0.00
190--- Other Miscellaneous 38,400.00 0.00
172-- Labor& Services 79,363. 00 0.00
asp
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1IOWADOT City Street Financial ReportForm 517007 { 5- 2019} 8/ 8/ 2019 12: 00 PM
Office of Local Systems Fiscal Year
Ames, IA 50010 2019
City NameOTTUMWA 4 of 10
Bonds, Notes and Loans Sheet
fie ". ae+tx. ype et u s a® 7"' '' s " 'h„ r ar
v s "`*
a aeVfx...d i
j !f' 11. t •<
t ' ec#"#, ? 3£ 3zs '... a'
s_* E .,£_ E '! 4'. , r... ec..s . S,.,.;.. 1 ' a2 F
General Obligation Street 04/18/2017 $ 3, 390,312 100 2025 $ 2, 805,312 $ 20,312 $ 64,945Improvements
General Obligation Paving& i'M V' `',04/ 12/ 2012 $ 780,000 100 2021 $ 120,000 $ 120, 000 $ 2, 650' • fiConstruction
General Obligation Paving& r' Y ¢ 04/02/2013 $ 4,365,000 81 2020. $ 610,000 $ 325,000 $ 6, 560 'Construction
0 General Obligation Paving& 11/ 08/2014 $ 1, 330,000 15 2020 $ 545,000 $ 270,000 $ 11, 400Construction
General Obligation
Constructioning& 04/01/ 2014 $ 4,100, 000 76 2024 $ 2,565,000 $ 480,000 $ 52,365
New Bond Totals 1 ,_ . ..s- x ,.. Totals
GOIOWADOT City Street Financial ReportForm 517007 { 5- 2019} 8/ 8/ 2019 12: 00 PM
Office of Local Systems Fiscal Year
Ames, IA 50010 2019
City NameOTTUMWA 5 of 10
Project Final Costs Sheet
For construction, reconstruction, and improvement projects with costs equal to or greater
than 90% of the bid threshold in effect as the beginning of the fiscal year.
Check here if there are no entities for this year 0
y tS''''
Project Final Costs Sheet (Section A)
r;; P 16-61Pci @r : $ Wier a°2zz ii- ,''yl s ' 0 A1-7,-,:, :-' 4.-. 3 17` x" { Iili i t i'; f 1. 5:, I< ,:- i i iL ,, 5 ,, ,, vt" ;, i 1.,,, 1 ,,, ,.,,,,,,
110-2- 210-6417 485,546 SURF Yes 2018 ASPHALT STREET REPAIR
110-7-751- 6499 50,000 SURF Yes 2018 STREET CRACK REPAIR
301- 7- 736-6499 545,067 RDSD Yes DAVIS STREET
301- 7- 741- 6499 40,460 RDWY Yes OSAGE& OAK MEADOW
301- 7- 761- 6407 240,039 RDWY Yes MINI ROUNDABOUT RICHMOND/BERRY
301- 7- 761- 6407 771, 253 RDWY Yes MODERN ROUNDABOUT WAPELLO AND ALBIA ROAD
301- 7-740-6417 1, 475,476 RDWY Yes SHERIDAN AVENUE
Project Final Costs Sheet ( Section B)
n a'. 4, 1; it . j' 94 a W, 4' - , i,: , -; ;! ii' -',?1::,: 4 ya4. 1¢tl l -1i.. {` , 4`, ' 1q 1
z t ea ae
I:f
110-2- 210-6417 NORRIS ASPHALT& 1, 099,515 489,333 0 0 0 0,PAVING
110- 7- 751- 6499 ILLOWA INVESTMENTS 44,370 535 0 0 0 0
301- 7- 736-6499 FYE EXCAVATING 549,692 5, 698 0 0 0 0;
301- 7- 741- 6499 DC CONCRETE& 45,695 3, 276 0 0 0 0CONSTRUCTION
301- 7- 761- 6407 DC CONCRETE& 224,878 63,229 0 0 0 0CONSTRUCTION
301- 7- 761- 6407 DC CONCRETE& 765,859 5, 910 0 0 0 0,CONSTRUCTION
301- 7-740-6417 FYE EXCAVATING 1, 355, 190 57,697 0 0 0 0 '°
QIIOWADOT City Street Financial Report 8/8a019 12: 00 PMForm 517007 { 5- 2019}
Office of Local Systems Fiscal Year
Ames, IA 50010 2019
City NameOTTUMWA 6 of 10
Road/Street Equipment Inventory Sheet
O N( 31ass lel DeSCnP UO t
d1roy
j
x y; c n'§ ,`-', `:: # lrtrt l c
lr. ,,} ,
TQar . 5'. 4 t -r' a';. ' ,-, I<A i r n.41 le,;,..,."'' 0..7 -,'f.'? s.
2011 International Dump Truck and Plow 99,449 0 0 Yes NOCH
2009 Crafco Magnum Patching Machine 70, 122 0 0 Yes NOCH
2007 Monroe Snow Plow 7, 923 0 0 Yes NOCH
2007 Hamm HDB Tandem Roller 33,850 0 0 Yes NOCH
2007 2007 International Dump 4300 4 x 2 75,870 0 0 Yes NOCH
84 2005 1999 Used Case Backhoe 27, 100 0 0 Yes NOCH
33 2005 2005 Silverado IT Dump Truck 25, 194 0 0 Yes NOCH
200 2006 2006 Ford F350 w/Box& Crane 39,477 0 0 Yes NOCH
20042 2005 2005 Silverado IT Dump Truck 24,296 0 0 Yes NOCH
2005 CAT CB214E Asphalt Roller 27,242 0 0 Yes NOCH
2004 1998 GMC Bucket Truck 55,000 0 0 Yes NOCH
1997 Okada OAC200 Tamper 4, 050 0 0 Yes NOCH
1998 Chevrolet 1 1/ 2 T Dump Patch 26,361 0 0 Yes NOCH
1998 Sullair Compressor 11, 200 0 0 Yes NOCH
2000 4700 Bituminous Dist Truck 80,790 0 0 Yes NOCH
1999 Elgin Sweeper 89, 122 0 0 Yes NOCH
97 2000 Intl 2 1/ 2 T V- Box 63,564 0 0 Yes NOCH
77 2000 Case 621C Wheel Loader 93,000 0 0 Yes NOCH
58 2001 John Deere Motor Grader 99,512 0 0 Yes NOCH
010WADOT City Street Financial ReportForm 517007 { 5- 2019} 8/ 8/ 2019 12: 00 PM
Office of Local Systems Fiscal Year
Ames, IA 50010 2019
City Name7OTTUMWA of 10
Road/Street Equipment Inventory Sheet7,4,1ui,72...,,' ''-'vrtStr$,rj,Vf-axif,..MZ;AW* V4,1 :;:!? 4:t7- ,; - : .'.',.:-::':,;•-:,- 1;
r:ft-,;„,,,i,. ..7,-,„,eg;, z,Fyi, , gi,* 4ctr'a':N.,,;;0,zt,V7:',7-:
eln,,,,F -;::,,--, ... 1/-1t...r.,r-*1-"-014U-441,!,'"e.'14.4.0f r4,1VW:'4; 4,!,- IMM''',/jtel- N.--;/.., B1,01-/:':--''..;igi* Plaail,421:1e10016.44i7443,6r,Vr'---X,44.4' fe4/ 044/,;i4 .. A.,!.:',.',„..'11AXIL:7-- 4!*****. e.144:4klis.44'eALV Ar.:-Af-41E,- Z44,,;/..:- f—- '-. ',; lii:re. j.in41':::1*.* Or'4.,..e17:g.'
44.,.'a'''t //g1.*...k% 4:- stv;iivvr,c,-'&7411m-iitis:4--.1V.kaartatfiti.Vitk, .•.,,LL,i,L...i:‘,._.,I. - _.>,...,i, c,,,,,,...,A,,,,c,,,4,,,- 10Arti. i.,..14..1. 14........14 -
46 2002 Bitelli Paver 90,969 0 0 Yes NOCH
43 1993 Ford Street Flusher CF- 800 63,300 0 0 Yes NOCH
248 1995 Target 26" Concrete Saw 8, 579 0 0 Yes NOCH
187 1978 Sultair 150 Air Compressor 8, 000 0 0 Yes NOCH
186 1998 Hot Patcher/Asphalt Hauler 16, 000 0 0 Yes NOCH
156 2004 JD 260 Skid Loader w/Trailer 39,467 0 0 Yes NOCH
147 2004 Chevy Silverado 1/ 2 T 13, 836 0 0 Yes NOCH
146 2004 Chevy Silverado 3/ 4T 25,795 0 0 Yes NOCH
134 2008 Snow Plow w/ Broom 135,700 0 0 Yes NOCH
212 2008 International 7300 Dump w/Plow 87,988 0 0 Yes NOCH
222 2008 International 7300 4x2 72,619 0 0 Yes NOCH
223 2008 International 7300 4x2 53,996 0 0 Yes NOCH
201 2007 Sullivan Air Compressor 14,470 0 0 No NOCH
1989 Miller Concrete Saw 8,758 0 0 No NOCH
213 1961 Vermeer Stump Cutter 4,000 0 0 No NOCH
2010 Elgin Pelican Dual Sweeper 145,620 0 0 Yes NOCH
20044 2009 Kent Hydro Breaker 9,900 0 0 Yes NOCH
20045 2010 Valby Grapper- log grapper 9,495 0 0 No NOCH
35007 2012 2012 Ford Bucket Truck 90,072 0 0 No NOCH
554784 2013 2013 Ford F550 with Stainless Spreader 22, 135 0 0 Yes NOCH
IOWADOT City Street Financial ReportForm 517007 { 5- 2019} 8/ 8/ 2019 12: 00 PM
Office of Local Systems Fiscal Year
Ames, IA 50010 2019
City Name c
OTTUMWA 8 of 10
Road/ Street Equipment Inventory Sheet
Ynt"a.:
i a „ w i
4t ` o* ? DescrCl. t
s ,5
Y
n
1 ' of , A':
lia r''''',.'74717 v s
20053 2013 2013 Falcon 4T Hot Patcher 34,040 0 0 Yes NOCH
20054 2013 Elgin Pelican NP Seweper 180, 135 0 0 No NOCH
2014 International 2. 5T Truck w?Box 135,673 0 0 No NOCH
2014 Intemational 2.5T Truck w/ Box 135,673 0 0 No NOCH
2015 International WorkSta 133, 166 0 0 Yes NOCH
2014 Pavement Marking Machine 25,218 0 0 Yes NOCH
2016 ETNYRE FLUSHER 55,395 0 0 Yes NOCH
2015 ASPHALT RECYCLER 70,060 0 0 Yes NOCH
2018 2018 INTERNATIONAL 740 158, 628 0 0 Yes NOCH
2018 PATCH BO 6, 495 0 0 No NOCH
0.101AIA DOT City Street Financial ReportForm 517007 { 5- 2019} 8i8i2019 12: 00 PM
Office of Local Systems Fiscal Year
Ames, IA 50010 2019
City NameOTTUMWA 9 of 10
Explanation Sheet
comments-
iiIOWADOT City Street Financial ReportForm 517007 { 5- 2019} 8/ 8/ 2019 12: 00 PM
Office of Local Systems Fiscal Year
Ames, IA 50010 2019
City NameOTTUMWA 10 of 10
Monthly Payment Sheet
Man* I:101FriJuly 238,638.91
August 378, 353.02
September 363, 037. 13
October 224,292. 55
November 280,548.47
December 284,035.76
January 273,018.48
February 270,560.82
March 220,372.83
April 136, 186. 14
May 301, 670.40
June 261, 899.82
RUT REPORT
FYE 6/ 30/ 18
ITEM E. 3, COLUMN 2
110- RUT FUND
210- Expanded Street Repair ProgramCaldwell 194,558.02
Church St Parking Lot 14,298.42N Ash 105, 730.87West/ Woodbine 82, 882. 64
Total ESRP 397,469. 95
301- STREET PROJECTS FUND
Main Street 28,684.58Eisenhower Bridge 47,055. 51E Alta Vista 32,700.53Davis Street 555, 159.02
Ray Street Bridge 20,297.06Sheridan 883, 797.75Osage 53,650.44Quiet Zone 278,404.93E Main Street 1, 682, 801. 59Ward St Bridge 6, 110.80Market Street Bridge 8,045.41Round- a- bout 853, 283. 59Miscelleous 2, 115. 20
4,452, 106.41
doc: Road Use Tax Streets
Item No. B.-9.
471-9CITY OF OTTUMWA
4 °
P 4 4. 9
Staff Summary } ,ACTION ITEM **
Council Meeting of: Sep 3, 2019
Jody GatesPrepared By
Health & Inspections Kevin C Flanag r
Department Department Head
City Administrator Approval
AGENDA TITLE: Resolution No. 188 - 2019, a resolution setting October 1, 2019 as thedate of a public hearing on the disposition City owned property locatedat 430 S. Milner
n "'TXe Provt of Publkatlon for• acM1 Public Xearinp must be attacMtl to tM1l•
Public hearing required if this box is checked.** I I
SbXSummary IRM1VProolofPP011cegonbwUlncbe4tMR. mwlllnor
e• Placotl on tM ap• nm•••
RECOMMENDATION: Pass and adopt Resolution No. 188 - 2019
DISCUSSION: Bids for the sale of this property will be accepted until 2: 00 P. M.September 24, 2019. A bid report will be brought to the October 1st CityCouncil meeting.
Source of Funds: Budgeted Item: ri Budget Amendment Needed:
RESOLUTION No. 188 - 2019
A RESOLUTION SETTING OCTOBER 1, 2019 AS THE DATE OFA PUBLIC HEARING ONTHE DISPOSITION OF CITY OWNED PROPERTY LOCATED AT 430 SOUTH MILNER
WHEREAS, the City of Ottumwa, is the present title holder to the property legally describedas the South 95 feet of Lots 41 and 42 in Block 5 of M. J. Williams Third Addition to the City ofOttumwa, Wapello County, Iowa, also known as 430 S. Milner; and
WHEREAS, the above described property is a commercial building which will be sold to berepaired for a business or residential building or demolished and a new structure built; and
WHEREAS, the successful bidder will provide information in their proposal as to the number
of jobs that will be created if the building is used for a business or the number of dwellingunits created if used for housing and the dollar amount of the investment they intend tomake; and
WHEREAS, bids will be received until 2: 00 PM September 24, 2019, at which time they willbe opened and a successful bidder identified.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OFOTTUMWA, IOWA:
That the 1St
day of October 2019 at 5: 30 PM in the City Council Chambers located at 105East Third Street in the City of Ottumwa, Iowa, be and the same is hereby fixed as the time,date and place for a public hearing on the notice of intent to dispose of real property legallydescribed above to the best bidder and the City Clerk is authorized and directed to publishnotice of said public hearing as provided by law.
PASSED AND ADOPTED this 3' day of September 2019.
City/. : j ,,, low.
a' t Dalbey, Mayor ' ro Tern
ATTEST:
CJw üaChristina Reinhard, City Clerk
Item No. B.- 10.ra
t
2° 19 42eirrilt OF OTTUMWA
staff Summary
ACTION ITEM**
Council Meeting of: Sep 3, 2019
Christina Reinhar
Prepared By
City Clerk Christina Reinhard
Department Department Head
City mi ' s ator Approval
AGENDA TITLE: Resolution No. 196-2019, authorizing the destruction of certain recordsaccording to the Code of Iowa 2017, as amended, and the RecordRetention Manual for Iowa Cities.
RECOMMENDATION: Pass and adopt Resolution No. 196-2019.
DISCUSSION: According to the Code of Iowa 2017, as amended, and the RecordRetention Manual for Iowa Cities, certain records need to be kept for five5) years or for a designated retention period based on administrative,
legal, and fiscal values. The attached list of records are over the required
retention period as adopted and are no longer deemed necessary to retainfor permanent record.
Source of Funds: N/ A Budgeted Item: 111 Budget Amendment Needed: No
RESOLUTION NO. 196- 2019
RESOLUTION AUTHORIZING DESTRUCTION OF CERTAIN RECORDS
ACCORDING TO THE CODE OF IOWA, 2017, AS AMENDED
WHEREAS, the Code of Iowa, 2017, as amended, allows for the destruction of certain city records that areover five years in age;
WHEREAS, all financial documents have been audited and the following records are over five years in ageand no longer deemed necessary to be retained, and have served their usefulness:
Regular bank statements and checks July 1, 2013 thru June 30, 2014;Payroll bank statements and checks July 1, 2013 thru June 30, 2014;Payroll input and time sheets for fiscal year 2013- 2014;
Accounts payable invoices for fiscal year 2013- 2014;
Journal Vouchers for fiscal year 2013- 2014;
Budget detail sheets for fiscal year 2011- 2012;
City Clerk's Office receipts for fiscal year 2013- 2014;Affidavits of publication of council minutes, expenditures, notice to bidders, public hearing
notices, budget estimates, budget amendments, annual financial reports for calendar year2014;
City Clerk's copy of camping fee receipts, Building, Sign, Electrical, Heating and Plumbingpermits, cigarette permits, dog licenses, and all other city license stubs and register for fiscalyear 2013- 2014;
Beer/liquor applications for establishments that have been out of business over five years;
Expired miscellaneous certificates of insurance over five years in age.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OTTUMWA,
IOWA:
That the aforementioned documents be destroyed under the direction of the City Clerk and FinanceAccountant, in accordance with state law and the Record Retention Manual for Iowa Cities as adopted bythe City Council on January 16, 2007; and
PASSED, ADOPTED and APPROVED this 3` dday of September, 2019.
I
CITY
el IliWA
jØ1btt Da. ey, Mayor ' ro Tem
ATTEST:
Christina Reinhard, City Clerk
Item No. F.- 1 .F'
CITY OF OTTUMWA 2019 4// G26ja26 A
STAFF SUMMARY j' r,rru:}
Council Meeting of: September 3, 2019 ITEM NO.
Joni Keith
Prepared By
Administration Tom X. Lazio
Department Department Head
AGENDA TITLE: Approving Agreement with Ottumwa Economic Development CorporationOEDC) for the period of July 1, 2019 to June 30, 2020 in the amount of$ 20,000 and authorize
the Mayor Pro Tem to sign on behalf of the City of Ottumwa.
PURPOSE: To promote economic development within the City of Ottumwa.
RECOMMENDATION: Approve the Agreement with Ottumwa Economic Development
Corporation (OEDC) for fiscal year July 1, 2019 to June 30, 2020 and authorize the Mayor ProTem to sign the Agreement.
DISCUSSION: The Agreement is basically a renewal of the previous year' s agreement. Thetotal budgeted funding for OEDC is $20,000. This proposed Agreement calls for four quarterlypayments of$ 5, 000. Total funding has been approved in the 2019/ 2020 budget.
Source of Funds: General Fund Budgeted Item: Yes Budget Amendment Needed: No
OTTUMWA ECONOMIC DEVELOPMENT CORPORATION
AGREEMENT WITH THE CITY OF OTTUMWA
This Agreement is made and entered into by and between the City of Ottumwa, Iowa, anIowa municipal corporation and the Ottumwa Economic Development Corporation, an
Iowa non-profit corporation created as an economic development corporation the
volunteer members of which are citizens, unions, businesses and organizations who make
donations to the organization. For purposes of this Agreement, City of Ottumwa shall beknown as " City" and Ottumwa Economic Development Corporation shall be known asOEDC". For purposes of this agreement, the address of the City shall be Attn: City
Administrator, 105 East Third Street, Ottumwa, Iowa 52501 and the address of OEDC
shall be, OEDC Director, 217 E. Main Street, Ottumwa, Iowa 52501.
City and OEDC are desirous of continued economic development of the community.Retaining existing industry and attracting new business and industry to the city willincrease the business and employment opportunities for the citizens of the community,increase tax revenues and will continue the economic vitality of the community. It is inthe best interest of the citizens of the community that active marketing of economicopportunities in the city be pursued.
IT IS AGREED AS FOLLOWS:
1. OEDC will actively perform defined economic development activities on behalfof the City.
a. Economic development activities shall be defined as the retention of
existing business and industry and recruitment of new business andindustry to locate in Ottumwa and Wapello County.
b. Economic development activities shall be defined as the hiring of a paidexecutive director to facilitate the job description as adopted by the OEDCBoard of Directors. Economic development activities shall be defined as
those defined by the OEDC Strategic Priorities, cooperating with stategovernment economic development agencies, regional planningcommissions and regional economic development organizations as needed
in attracting business and industry to the city or region.c. Economic development activities shall be defined as coordinating the
activities of the Board of Directors and other volunteers of OEDC.
d. Economic development activities shall be defined as assisting existingbusiness and industry in expansions or relocation within the city or regionand aggressively pursue qualified leads and/or RFI' s for industrial andcommercial prospects.
2. City will refer economic development inquiries to OEDC.
3. City will designate two (2) members of city staff, council members, or mayor tobe voting members of the Board ofDirectors of OEDC.
4. The City will pay OEDC $ 5, 000 quarterly beginning August 1, 2019 (uponpresentation of an invoice). Total payments for fiscal year 2020 will be $20,000.
5. This agreement shall be effective from July 1, 2019 to June 30, 2020.
6. The decision to hire, supervise and direct the Executive Director of OEDC shall
be solely the responsibility of the Board of Directors of OEDC. The City reservesthe right to give performance information to the Board of Directors of OEDC.
7. OEDC shall accept membership contributions and/or project grant funds from anyperson, firm, or corporation otherwise eligible according to the by- laws of OEDC.
8. OEDC shall not commit City to any legislative act, to any commitment of Cityfunds, commit City to the sale or lease of City property nor otherwise obligateCity in any way to any action.
9. OEDC and City may communicate in any manner necessary to affect theeconomic development function covered by this contract. City shall designate thestaff and/ or council member to who inquiries and reports shall be made and the
manner in which such reports shall be made. On at least a quarterly basis,Executive Director of OEDC shall appear at a City Council meeting and formallyreport about the activities that have been conducted in fulfillment of the economic
development function as contemplated by this Agreement. The City Administratorwill arrange these meetings as necessary and notify OEDC at least one week inadvance of said appearances. It is understood and acknowledged that some
prospective businesses may not want a public announcement to be made of aninquiry or request for information and it is agreed that OEDC shall be incompliance with this agreement if specific inquiries are not disclosed until such
time as disclosure is authorized by the prospective or existing business orindustry.
10. The City Administrator shall meet with the OEDC Director to facilitatecommunication between the two entities, as needed or requested by either party.
11. This agreement may be amended or modified by mutual agreement of City andOEDC.
12. As part of OEDC services rendered to the City, OEDC may undertake certainbusiness industrial recruitment and retention efforts listed below, up to orincluding:
A. Recruitment efforts that will enhance and facilitate capital
accumulation within the City of Ottumwa. Said recruitment effortsmay encompass trade shows, conferences & seminars, cold calls, and
directed marketing to potential businesses of an industrial andcommercial nature.
B. Business retention or relocation activities within the City of Ottumwa.This may consist of personal site visits to site selectors, and/ or existingmanufacturing enterprises to ascertain the tools OEDC can utilize toanswer, to the best of its ability regulatory issues, address issues ofimportance, or navigate financial assistance for qualifying programs.
13. Any questions or suggestions made by City concerning this Agreement and theeconomic development activities to be performed under this agreement shall be
responded to promptly by OEDC.
CITY A I TUM ' • OTTUMWA ECONOMIC
It1' DEVELOPMENT CORPORATION
MAYOR PRO TEM PRESIDENT
A TEST:
17SP-W-1-CITY CLERK TREASURER or VICE
PRESIDENT
Dated this J ( day of Dated this day of2,
p-1( 11,0,n , 2019. 2019.
Item No. F.-2.r4
2019AUG 29 AM cITY OF OTTUMWA1 -
Staff SummaryUN;
ACTION ITEM **
Council Meeting of: Sep 3, 2019
Kevin C. Flanagan
Prepared By
Planning & Development Kevin C. FlanaganDepartment Department Head
r/.0 /`:City Advainistrator Approval
AGENDA TITLE: Releasing Build Grant Project RFQ's for Developer and PublicConsideration
Public hearing required if this box is checked.**
RECOMMENDATION: Approve Release of Build Grant Project RFQ's
DISCUSSION: This Council action will release our Build Grant Initiative RFQ's for thepublic/private mixed-use projects that we hope to include in our initiative.These are:
town homes on lot adjacent to and east of Market St.
elevation commercial and upper story living developments ( 2) on MarketSt. municipal parking lot
elevation commercial and upper story living on Washington St. parkinglot ( 1)
Source of Funds: Budgeted Item: 111 Budget Amendment Needed:
This release will be public, the RFQ's will be on our website, and the RFQ' s will be mailed and sent
out digitally to various developers directly. The Request for Qualifications rather than a simpleRequest for Proposals format was used in this case due to the particular complication in the nature
of these projects and the level at which the developments will be expected to be performed with
regard to architectural standards, improvements of a public nature, and developmental agreements
and their anticipated level of financial complication and commitment. Please let me know if youhave questions or concerns regarding these RFQ's.
City of Ottumwa, Iowa
Request for Qualifications: Riverfront Apartments, Phase 1 and Phase 2
DRAFT Date: August 19, 2019
I. Project Introduction
The City of Ottumwa is seeking interested and qualified development firms to develop and ownone or two mixed-use multi- family residential developments on prime riverfront property indowntown Ottumwa, IA. The site is owned by the City of Ottumwa and located within anexisting TIF district. This site has the potential to redevelop into approximately 100 newresidential units and up to $20 million of new investment in downtown Ottumwa.
This prime site on the Des Moines River was identified in the Riverfront Renaissance Master Plan
from 2015 and the Ottumwa Opportunity Analysis and Implementation Strategy from 2019 as a keycatalytic site to add tax base and a new type of housing to downtown Ottumwa. The City isprepared to incentivize development, such as public improvements, through the use of Tax
Increment Financing.
II. Project Location and Current Initiatives
Ottumwa, IA is a town of approximately 25,000 in southeast Iowa. John Deere OttumwaWorks, which designs and manufactures hay and forage equipment, is one of the largest regionalemployers. JBS, an international leader in pork processing, is also located downtown. JohnDeere Ottumwa Works and JBS are located less than a 5- minute drive from the site.
Ottumwa is located on Amtrak' s
EXI; 71' tlOPOTCNTIAI RESIDENTIAL M%ED USECalifornia Zephyr line, which connectsgtl ayn,Qt EUiE
r passengers from Chicago to Omaha,
4.1,' stopping in downtown Ottumwa, ashortir
I "' walk from the riverfront site. The
Amtrak train schedule makes Ottumwa
bJ! a+ ,*' =
an ideal location for people that want to74
travel to Chicago for a weekend
ok ° r =! r 4 excursion.411110*
fi ,
The riverfront site is three blocks from
a ' 4:4 Ottumwa' s thriving Main Streetrestaurant and entertainment corridor
Figure 1: Riverfront Site Vision from Ottumwaand a 10-minute walk to an extensive
Opportunity Analysis and Implementation Strategypark system and bicycle trails that is easilyaccessible for downtown residents of the
proposed development. While the site borders an active railroad track, it is important to note
that the City of Ottumwa is in the final phase of Quiet Zone implementation which will be
1
completed well
Y a.»>;.,.. before
Lconstruction
I,
vim. .• ends. The quiet
r 4, zone encompasses
seven crossingsinSu umo• v i
rri,
Is_
I- j
20"-"at, Pz` -. the downtown core
rauu 1 U " .- I and will allow for
1> ' 1. I il{ i',1 Cil '
UM 1111the silencing of
r1s
t 1+. a Ili 11 I N1124,--,,,, I w
a lot, , , tr :. ; . L " 411,_.:..,_ train horns except
Is , , f01friar7,,„,,..,..„..#,..,,,
a.; _ .. 1., in situations of
e`er 1) 411,,,,:„....„,„..-. .
7N danger.k .. 41
y
N,Adjacent to the
taiL
2'"-
riverfront
M. I'. 1 development site is
envisioned as
Figure 2: Electric Park Visionfrom Ottumwa Opportunity Electric Park," a dynamic public
Analysis and Implementation Strategy space with the power to transform
the river into a local and visitor
destination in the downtown area. Replicating the kinetic energy of light and the motion of theriver, Electric Park will incorporate interactive light and motion sculptures to create a unique
experience that
transcends public art, Wax .•` 3Dpii.. I
LEGACY
with the potential of
using the locally owned __ yhydroelectric dam to
j+fuel these features. The
ndv1 _
I„ ,1
o
1111.11concept includes A i brit 0
connecting across the41114;2 +,
j1 Niellia • E' t,-.. { ' 11r,®
r, __.
2 ______
n JwM }--', 4*
oil+:river to Bridge View i 6;! _ , 4
J , 17; -_;,,r.-
Center, the region' s A f
V ",
premier Convention
Center on the DesIi .. iL r
i 1
Moines River. y * i A ! o #:-.. -s,' !,.
Figure 3: Riverwalk Visionfrom Ottumwa Opportunity Analysisand Implementation Strategy
2
III. Project Description
The redevelopment project is organized into three development opportunities on the site; Phase
1 and Phase 2 are discussed in this RFQ. The City of Ottumwa is looking for a developer tocommit to building and owning Phase 1, with an available option for Phase 2 based ondeveloper performance. Market rate apartments is preferred, but the City of Ottumwa willconsider tax credit projects designed to minimize income-restricted units.
910 rft 4 f p
ZI iao' s EvE PasvEcrne'
I
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e 0( I ir LGA0,.,wr,
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II .,X
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S
410 SIN ;` !111110;-0,1
2' ' S'
SRS t `c
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R.- 0' 1 r
Figure 4: Des Moines River Mixed-Use Apartments with River's Edge Restaurant( Phase 1)
Phase 1 is envisioned as a mixed-use building with four stories and approximately 40- 50 unitswith an approximately 4,000 sf restaurant on the first floor. The vision for the architecture forPhase 1 includes high-quality architecture with long-lasting materials, large windows, outdoordecks and patios, increased ceiling heights, and high-quality finishes in the units. Roof top tenantspace and common amenities should be included in the building. First floor parking isanticipated, with some parking under the building and some surface parking to meet parkingrequirements. Green infrastructure, such as solar, solar hot water, and rainwater collection
should be considered, as well as energy-efficient mechanicals.
3
RESIDENTIel ' RIVEllf rrtRmEvaovT Kr
BIRD S EYE PERSDEC TNFLEGAC,V
Omnmowa
e* 11','SI:f ,,,.-- } may .
yam'"• ' v
rmay
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Of
Asti, r a 1---,,,,,,-,itekirAi. . . „--14 I r`\.
r L.2.,
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0
fg lill-
t *‘‘t1.4 41,” ' .,
s. ilu. 127019
Figure 5: Des Moines River Apartments— 50-units with River Views( Phase 2)
Phase 2 is envisioned as a new building with four stories and approximately 50 units. The visionfor the architecture for Phase 2 includes high- quality architecture with long-lasting materials,large windows, outdoor decks and patios, increased ceiling heights, and high-quality finishes inthe units. Roof top tenant space and common amenities should be included in the building.
The building layout should maximize beautiful views of the river and the hydrodam, as well as aproposed " Electric Park" public space. Green infrastructure, such as solar, solar hot water, and
rainwater collection should be considered, as well as energy-efficient mechanicals. First floorparking is anticipated, with some parking under the building and some surface parking.
Phase 2 also includes the optional renovation of a historic building on the site, envisioned as apotential restaurant space or riverfront commercial.
A third site, Phase 3, is planned for development of approximately 10 owner-occupiedtownhomes. This site will be described in a separate RFQ. Phase 3 is expected to start in 2020and can be developed concurrently with Phase 1 and/ or Phase 2, depending on developercapacity and timing.
IV. Site Characteristics
The site is owned by the City of Ottumwa and includes riverfront frontage on the Des MoinesRiver. The main entry to the site is from Market Street. A secondary access is available to the
4
west of the site, along the river, which links up with Turner Drive. The site is bordered to thenorth by a railroad track.
An ALTA survey and plat of the site will be completed in 2019, which will identify all existingutilities on site. A portion of the TIF will be used to finance public improvements. A Phase I
environmental will be completed in 2019. In addition, the site will be zoned as a Planned Unit
Development.
V. Submission Requirements
All developers wishing to receive consideration must submit, in writing, the followinginformation*:
1. A detailed description of the development team, which includes descriptions and
resume/ background information of all principals and their proposed level of involvement.
Joint venture teams must submit the requested information for each firm involved.
a. Information regarding the key personnel that will be working on this project. Forexample, project manager, field engineers, inspectors, etc., including the entity' scapability to replace key personnel over the life of the project.
b. Organizational chart for the comprehensive team.
2. Demonstrated experience in delivering superior architectural design in high-quality,urban housing targeting millennials, young professionals, and empty nesters.
a. Phase 1 includes a waterfront restaurant. Include your experience with this
development type. Lack of experience is not a disqualifying factor.
b. Phase 2 includes the potential renovation of an historic building for use as a stand-alone restaurant. Include your experience with this development type. Lack of
experience is not a disqualifying factor.
3. Specific and detailed examples of similar projects that have been developed, owned, and
managed by the developer, with an emphasis on the following:
economic viability
quality urban architectural design
timeliness of performance
experience with TIF and other public financing mechanisms4. Statement demonstrating the entity's general and specific knowledge of the City and
regional market.
5. A statement regarding any special or unique resources available to you that would enhanceyour ability to successfully complete this project.
6. A description of all consultants to be employed in, at least, the initial stages of the project.
This should include architectural and engineering consultants, marketing assessmentprofessionals, financial consultants, and others.
7. The developer is expected to be an equity partner. There should therefore be a description
5
of the proposed ownership entity and property maintenance approach ( i. e., do you intendto internally manage the property, etc.).
Note: If selected, proof of financial capability will be requested.
VI. Selection Process
The responses to the Request for Qualifications will be reviewed by a small committee ofindividuals that represent the City of Ottumwa and the private sector. Two to three finalists willbe selected for an interview with the committee and further discussion of the project
opportunity.
If selected, the redevelopment project will be reviewed through the development agreement
stage and start of a construction by a public-private partnership team that includes staff from theCity of Ottumwa and representatives of the private sector.
VII. Timetable
September 4, 2019: RFQ Released to DevelopersOctober 18, 2019: RFQ Questions Due to Kevin FlanaganOctober 31, 2019: RFQ Responses DueMid-November 2019: Review of RFQs and Interviews
Mid-December 2019: Developer Selection and Project Negotiation
VIII. Contact Information and Questions
Please contact the City Planning and Development Director with any questions prior to thedeadline. Any substantive questions and answers will be distributed to all RFQ respondents.
Kevin Flanagan, City Planning and Development DirectorPhone: ( 641) 451- 4990 ( cell)
Email: [email protected]
Vandewalle & Associates are planning consultants that contributed to the concept design of thesite. Any additional questions about the concept design or the RFQ can be directed to MartaPurdy at mpurdya,vandewalle.com or (608) 255- 3988.
IX. Attachments
a. Riverfront Redevelopment Vision, Plan View
b. Riverfront Redevelopment, Bird' s Eye Perspective
c. Riverfront Redevelopment, Phase 1 Zoom
d. Riverfront Redevelopment, Phase 2 Zoom
e. Ottumwa Implementation Focus, Catalytic Downtown Projects
f. Opportunity Analysis— Downtown Ottumwa
g. City of Ottumwa TIF District Maph. Drive Time Map— Ottumwa, IA
i. Ottumwa Public-Private Partnership Team Description
6
City of Ottumwa, Iowa
Request for Qualifications: Riverfront Site Apartments, Phase 3
DRAFT Date: August 19, 2019
I. Project Introduction
The City of Ottumwa is seeking interested and qualified development firms to develop and ownone or two mixed-use multi- family residential developments on prime riverfront property indowntown Ottumwa, IA. The site is owned by the City of Ottumwa and located within anexisting TIF district. This site has the potential to redevelop into approximately 100 newresidential units and up to $20 million of new investment in downtown Ottumwa.
This prime site on the Des Moines River was identified in the Riverfront Renaissance Master Plan
from 2015 and the Ottumwa Opportunity Analysis and Implementation Strategy from 2019 as a keycatalytic site to add tax base and a new type of housing to downtown Ottumwa. The City isprepared to incentivize development, such as public improvements, through the use of Tax
Increment Financing.
II. Project Location and Current Initiatives
Ottumwa, IA is a town of approximately 25,000 in southeast Iowa. John Deere OttumwaWorks, which designs and manufactures hay and forage equipment, is one of the largest regionalemployers. JBS, an international leader in pork processing, is also located downtown. JohnDeere Ottumwa Works and JBS are located less than a 5- minute drive from the site.
4 : 1 Ottumwa is located on
i iv' ' Amtrak's California
Zephyr line, which
i> ! I ' 4i
connects passengers
1i1'! riy 1.,,,---
r :, ,' _ from Chicago to
Omaha, stopping in1 r
R,,, t downtown Ottumwa, a
y >. ,i4.1p short walk from the
R riverfront site. The
t ' t7,. Amtrak train schedulei.,
P makes Ottumwa an ideal
location for people that
want to travel toFigure 1: Riverfront Site Vision from Ottumwa Opportunity Analysis
Chicago for a weekendand Implementation Strategy
excursion.
The riverfront site is three blocks from Ottumwa' s thriving Main Street restaurant andentertainment corridor and a 10-minute walk to an extensive park system and bicycle trails that is
1
easily accessible for
J downtown residentsi...,--,--,-. LEGACY,
MEMusaofthe proposedWWI OFMFHT
development. While
the site borders anrt
II .1.
active railroad track, it
W. F t i
1Mndill " j, is important to note
14 um, .!N;p.ifi.wv-- = e9 1.,..04-,-..,;,_. i that the Cl of41,,_-_-__ Cityc
ill YagEi ,elle s r ..,;
a` ;
Ottumwa is in the
G •-_-_- 'F ' final phase of Quiete
Ai,;.i . '. Zone implementationil t of
Y• .
k• .,;,. :
giftwhich will be
0 ' 4 ; - tea -- w' completed well beforeRF( T" c".,, r --..' 1' 11- -' D. y, '!,, /
construction
n- F
j. 4`' `
D ends. The quiet zone
Figure 2: Riverwalk Vision from Ottumwa Opportunityencompasses seven
Analysis and Implementation Strategy crossings in the downtown core
and will allow for the silencing oftrain horns except in situations of danger.
Adjacent to the riverfront development site is envisioned as " Electric Park," a dynamic public
space with the power to transform the river into a local and visitor destination in the downtown
area. Replicating the kinetic energy of light and the motion of the river, Electric Park willincorporate interactive light and motion sculptures to create a unique experience that transcends
public art, with the
potential ofusingv...1,`,`&74:`,..,`,Vnu a,
O7... nn n t
NEWRESIDEIMAL Lemma Mbnar ' '-- er
OSV OP kT i
the locallyowned
hydroelectric dam to FwwLPooau
fuel these features.
The concept
includes connecting4.
across the river to 1 uir!J Tb ,
Bridge View Center, Alib " ;
lit ; ,_ tail/4
i
A'`
losui `' the region' s
premierINIII 1 '
1 40,11M,`
j... ' " •—a-
a . - !_Convention Center i! •..• _
on the Des MoinesY a, !
11014, r"` "
FIRNOUSIa
River. r:- . f 1 -_
t -
Iti,Nei\', -, --
4 ,
1 i-,,,,, T.
Figure 3: Electric Park Vision from Ottumwa OpportunityAnalysis and Implementation Strategy
2
III. Project Description
The redevelopment project is organized into three development opportunities on the site, which
may be developed concurrently or phased over time, depending on developer capacity andperformance. The City of Ottumwa is looking for a developer to commit to building Phase 3,construction of approximately 10 market-rate townhomes for sale as owner-occupied units.
1..'-"-- ESIDEN9 LrZ
RapOinuot twrixon
al,mr---, -., - - - --.,-.. - .-... - , / _..,...... ..„.„, --. .„--,-,,, ,----. --,, I
i4, . :: 0•.,., ' r iiir
lig*
7 '''''''•-•:,'"::,.... .,,.,.-.-' . A N.,
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4 litio' ^, blii,'<--: - dr' .-41111141;
t4110 ort0
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4*'..- -.*;
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14‘
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41* Tit-. '. •. ` r, i/o'i'
i, f (r 1jligkwa7; tit .
rte ./
ik. ' , , f , ^ w. - 4 ` sirfit
r=
Figure 3: Waterview Townhomes( Phase 3) ,`
Phase 3 is envisioned as two groups of five townhomes. The vision for the architecture for
Phase 3 includes high-quality architecture with long-lasting materials, large windows, outdoordecks and patios, increased ceiling heights, and high-quality finishes in the units. First floorparking is anticipated, with each unit' s parking under the building. Green infrastructure, such assolar, solar hot water, and rainwater collection should be considered, as well as energy-efficientmechanicals.
Phase 1 and Phase 2 of the riverfront redevelopment project are envisioned as market- rate
mixed-use residential, with a total of approximately 100 units east of Market Street. Theseprojects are described in a separate RFQ.
IV. Site Characteristics
The site is owned by the City of Ottumwa and includes riverfront frontage on the Des MoinesRiver. The main entry to the site is from Market Street. A secondary access is available to theeast of the site, connecting with the street grid at River Drive and S Green Street. The site isbordered to the north by a railroad track. While the site borders an active railroad track, it isimportant to note that the City of Ottumwa is in the final phase of Quiet Zone implementationwhich will be completed well before construction ends. The quiet zone encompasses seven
3
crossings in the downtown core and will allow for the silencing of train horns except insituations of danger.
An ALTA survey and plat of the site will be completed in 2019, which has identified all existingutilities on site. A portion of the TIF will be used to finance public improvements. A Phase I
environmental will be completed in 2019. In addition, the site will be zoned as a Planned Unit
Development.
V. Submission Requirements
All developers wishing to receive consideration must submit, in writing, the followinginformation*:
1. A detailed description of the development team, which includes descriptions and
resume/ background information of all principals and their proposed level of involvement.
Joint venture teams must submit the requested information for each firm involved.
a. Information regarding the key personnel that will be working on this project. Forexample, project manager, field engineers, inspectors, etc., including the entity' scapability to replace key personnel over the life of the project.
b. Organizational chart for the comprehensive team.
2. Demonstrated experience in delivering superior architectural design in high-quality,urban housing targeting millennials and young professionals.
3. Specific and detailed examples of similar projects that have been developed by thedeveloper, with an emphasis on the following:
economic viability
quality urban architectural design
timeliness of performance
experience with TIF and other public financing mechanisms4. Statement demonstrating the entity' s general and specific knowledge of the City and
regional market.
5. A statement regarding any special or unique resources available to you that would enhanceyour ability to successfully complete this project.
6. A description of all consultants to be employed in, at least, the initial stages of the project.
This should include architectural and engineering consultants, marketing assessmentprofessionals, financial consultants, and others.
7. The developer is expected to be an equity partner. There should therefore be a descriptionof the proposed ownership entity and property maintenance approach (i.e., do you intendto internally manage the property, etc.).
Note: If selected, proof of financial capability will be requested.
4
VI. Selection Process
The responses to the Request for Qualifications will be reviewed by a small committee ofindividuals that represent the City of Ottumwa and the private sector. Two to three finalists willbe selected for an interview with the committee and further discussion of the project
opportunity.
If selected, the redevelopment project will be reviewed through the development agreement
stage and start of a construction by a public-private partnership team that includes staff from theCity of Ottumwa and representatives of the private sector.
VII. Timetable
September 4, 2019: RFQ Released to DevelopersSeptember 18, 2019: RFQ Questions Due to Kevin FlanaganOctober 31, 2019: RFQ Responses DueMid-November 2019: Review of RFQs and Interviews
Mid-December 2019: Developer Selection and Project Negotiation
VIII. Contact Information and Questions
Please contact the City Planning and Development Director with any questions prior to thedeadline. Any substantive questions and answers will be distributed to all RFQ respondents.
Kevin Flanagan, City Planning and Development DirectorPhone: (641) 451- 4990 (cell)
Email: [email protected]. ia.us
Vandewalle & Associates are planning consultants that contributed to the concept design of thesite. Any additional questions about the concept design or the RFQ can be directed to MartaPurdy at mpurdya,vandewalle.com or (608) 255- 3988.
IX. Attachments
a. Riverfront Redevelopment Vision, Plan View
b. Riverfront Redevelopment, Bird' s Eye Perspective
c. Riverfront Redevelopment, Phase 3 Zoom
d. Ottumwa Implementation Focus, Catalytic Downtown Projectse. Opportunity Analysis— Downtown Ottumwa
f. City of Ottumwa TIF District Mapg. Drive Time Map— Ottumwa, IA
h. Ottumwa Public- Private Partnership Team Description
5
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Ottumwa RFQ Redevelopment Review Team
City of Ottumwa
Mayor Tom Lazio
Andrew Morris, City AdministratorKevin Flanagan, City Planning and Development Director
Private Sector Representatives
Steve Dust, President/ CEO of Legacy Foundation
Kelly Genners, Vice President of Programs and Initiatives
Greater Ottumwa Partners in Progress
TJ Heller, CEO of Greater Ottumwa Partners in ProgressSharon Stroh, Executive Director of Ottumwa Economic Development Corporation
Consultant Team
Brian Vandewalle, Vandewalle& Associates
Jeff Maloney, Vandewalle & Associates
Marta Purdy, Vandewalle& Associates
Item No. F.- 3.tc: 443
CITY OF OTTUMWA
2 )" g } • t Staff Summary
I { • ACTION ITEM **
Council Meeting of: September 3, 2019
Alicia Bankson
Prepared By
Engineering t40,DAA C]Department Department Head
41
City Adminis for Approval
AGENDA TITLE: Approving multiple Agreements and Consent to Lien for Water ServiceCosts for the 300 block of East Main Street in connection with the Ottumwa Main Street ProjectDowntown Streetscape).
Public hearing required if this box is checked. ** The Proof of Publication for each Public Hearing must beattached to this Staff Summary. If the Proof of Publication isnot attached. the item will not be placed on the agenda.**
RECOMMENDATION: Authorize the Mayor to sign the attached Agreements and Consent toLien for Water Service Costs for the 300 block of East Main Street
DISCUSSION: The Downtown Street Scape project included new water main and water
services to the stop box which is located in the sidewalk. From the water stop box to thebuilding' s water meter is the responsibility of the property owner for new services added asneeded.
City staff has worked with each property owner directly to determine if new service or increasedvolume is needed based on current and future development plans they have for their property.Properties that have already replaced water services or installed fire service will be reconnectedat the stop box as part of the project.
We are using a forced account method which tracks time and material or actual cost. Theattached agreements are a formal way for payment between the property owners and the City.
303 E. Main Street
305 E. Main Street
312 E. Main Street
Source of Funds: LOST Budgeted Item: Budget Amendment Needed:
313 E. Main Street
314 E. Main Street
315 E. Main Street
317 E. Main Street
319-321 E. Main Street
320 E. Main Street
322 E. Main Street
324 E. Main Street
327 E. Main Street
331 E. Main Street
Source of Funds: LOST Budgeted Item: Budget Amendment Needed:
AGREEMENT AND CONSENT TO LIEN FOR WATER SERVICE COSTS
This Agreement, is made and entered into this/ Lf1i day of / c- ' 2019, by and
between Rippling Waters Property Development LLC, ( hereinafter refer ed to as " Property Owner") and
the City of Ottumwa, Iowa, ( hereinafter referred to as the " City").
RECITALS
WHERAS, the City is organized and established as a municipal corporation pursuant to the Code
of Iowa; and
WHEREAS, Property Owner is the record titleholder of real estate within the city located at:
303 E. Main Street, (" the Property"): and
WHEREAS, the City is initiating the Ottumwa Main Street Improvement Project, known as the
Streetscape Project (" Project") for the full width, full depth concrete reconstruction of the 100, 200 and
300 blocks of East Main Street, in Ottumwa, Iowa; and
WHEREAS, the Project includes new water mains, new sanitary sewer lines and sewer laterals,
new storm sewers and new sidewalks in this 3- block area of East Main Street; and
WHEREAS, pursuant to applicable governing City ordinances and resolutions of the City' s water
utility board of trustees, property owners are responsible for the maintenance and improvement ofwater service lines and fire services lines; and
WHEREAS, the Project may require certain abutting property owners to install new water service
lines from the stop box to that owner' s water meter to comply with applicable state, federal, and local
laws concerning water quality; and
WHEREAS, the Project will also require certain abutting property owners to install fire services
lines as needed for the purpose of creating residential units in buildings; and
WHEREAS, the costs of new water service lines and the possible installation of necessary fireservice lines are necessary public improvements which are the responsibility of Property Owner; and
WHEREAS, Property Owner desires the completion of the repair and replacement of the
necessary public improvements and intends to waive the requirement of a prior finding by the OttumwaCity Council that the condition of the improvements constitutes a nuisance and the requirement of prior
notice; and
WHEREAS, Property Owner hereby consents to the repair of the public improvements by theCity and the assessment of the cost of the repair to the Property.
1
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Obligations of Property Owner:
1. Property Owner shall, within 10 days of the execution of this Agreement, make payment
arrangements for the necessary public improvements. The cost will be the sole responsibility of the
Property Owner. The cost may be paid in full without interest directly to the City or the City' s
contractor prior to work on the necessary public improvements for which Property Owner is
responsible.
2. Property Owner specifically consents to the installation of the water service line and/ or
fire service line as needed, at the property owner' s cost.
3. If the cost of the necessary public improvements for which Property Owner is
responsible remains unpaid for ninety( 90) days following notice of completion of such improvements,
Property Owner hereby requests and consents to the assessment of the cost of the repairs against the
Property. Property Owner hereby waives the requirement of a prior finding by the city council that the
condition of the public improvements constitutes a nuisance and the requirement of prior notice.
Property Owner consents to the repair and assessment of the costs of the repairs to the Property.
4. Property Owner shall indemnify and hold the City harmless from and against any and all
occurrences, claims, demands, causes of action, liability and loss of any kind and nature whatsoever and
which is brought by any party and arises from whatever source of law, together with related costs and
expenses, relating to or arising, either from the installation of water service or fire service lines.
Property Owner specifically waives all claims against City for damages or injuries to persons or property
as a result of the installation of any water service line or fire service line during this project. Property
Owner acknowledges the City has no responsibility for the ongoing maintenance and repair of the water
service line and/ or fire service line located on the Property and the City assumes no responsibility
therefore under the terms of this Agreement. The preceding sentences shall not apply to loss, injury,
death or damage arising because of the direct negligence of City, or its employees.
Section 2. Obligations of the City.
1. City shall cause the repair or replacement of the water line or fire service line as
requested by Property Owner. City shall permit Property Owner to utilize the city' s contractor, or its
designated sub- contractor for the installation of any water service or fire service line to its building.
2. City assumes no liability regarding the installation of the water line or fire service line asneeded.
2
3. City shall notify Property Owner of the date of completion of the requested water lineand/ or fire service line.
4. In the event the cost of said repairs remains unpaid for a period of ninety( 90) days
following notice by the City of completion, the City will assess the cost of such repairs to Property as
permitted by Iowa Code Sections 364. 12 and 364. 13- 13B and in accordance with the procedures
provided under Iowa Code Chapter 384, Division IV.
Section 3. Miscellaneous.
1. This agreement is not intended by the parties to be a partnership or joint venture of any
kind. Neither does this Agreement create any form of an agency relationship between the parties.
Neither party shall have the authority to represent or speak for the other, without the express written
prior consent of the other, which shall be approved by the governing council. Neither party shall
assume any of the debts or liabilities of the other and nothing in this Agreement or otherwise shall
constitute any such agreement or be construed as an obligation on the part of either party to pay thedebts or other obligations of the other.
2. This Agreement constitutes the entire Agreement between the parties and shall not be
considered modified, altered, or amended in any respect unless in writing and signed by the parties.
3. This Agreement shall be governed by the laws of the State of Iowa.
4. If for any reason any provision of this Agreement shall be deemed invalid, illegal or
unenforceable, in whole or in part, the validity and effect of all other provisions shall not be changed.
5. The terms of this Agreement shall be binding upon Property Owner, and upon PropertyOwner' s heirs, personal representatives, successors in title, and assigns.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the date and year first hereinabove
written.
CITY OF OTTUMWA, IOWA Property Owner
4r1111. 11111°ayor Tom X. Lazio Rippling Waters Propert I 4111111rPnent LLC
ATTEST:
Christina Reinhard, City Clerk
3
STATE OF IOWA
SS.
WAPELLO COUNTY )
On thisjl'(i dayof6eir , 2019, before me, the undersigned, aephanNotary Public in and for the State of Iowa, personally appeared Tom X. Lazio and Christina Reinhard, to
me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Ottumwa, Iowa, a Municipality, created and existing under the laws of the
State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and
that said instrument was signed and sealed on behalf of said Municipality by authority and resolution ofits City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipality by it voluntarily executed.KATY KING vato "k Commissan Number 801361
My Commission Expiresrorv. January 25, 2020
Notary Pub is in nd for said tateSTATE OF IOWA
SS.
WAPELLO COUNTY )
On this ."` day of 2019, before me, C p., 7Q! 4IV/qpersonally appeared, to me per• on; y known, who being by me duly( sworn or affirmed) d say that
said instrument was signed as the voluntary act and deed of said Property Owner.
I CAIL Y. 3,fiwx
No ary Public in and for said State
PP
AS, ALICIA L. BANKSON
1 Commission Nuber 146583
OWP.My` r/ /
s%
nis ' dry E>1rfs
4
AGREEMENT AND CONSENT TO LIEN FOR WATER SERVICE COSTS
This Agreement, is made and entered into this 17 clay of big),11- 1- , 2019, by andbetween Rippling Waters Property Development LLC, ( hereinafter referr¢d to as" Property Owner") and
the City of Ottumwa, Iowa, ( hereinafter referred to as the " City").
RECITALS
WHERAS, the City is organized and established as a municipal corporation pursuant to the Code
of Iowa; and
WHEREAS, Property Owner is the record titleholder of real estate within the city located at:305 E. Main Street, (" the Property"): and
WHEREAS, the City is initiating the Ottumwa Main Street Improvement Project, known as the
Streetscape Project (" Project") for the full width, full depth concrete reconstruction of the 100, 200 and
300 blocks of East Main Street, in Ottumwa, Iowa; and
WHEREAS, the Project includes new water mains, new sanitary sewer lines and sewer laterals,
new storm sewers and new sidewalks in this 3- block area of East Main Street; and
WHEREAS, pursuant to applicable governing City ordinances and resolutions of the City' s water
utility board of trustees, property owners are responsible for the maintenance and improvement ofwater service lines and fire services lines; and
WHEREAS, the Project may require certain abutting property owners to install new water service
lines from the stop box to that owner' s water meter to comply with applicable state, federal, and local
laws concerning water quality; and
WHEREAS, the Project will also require certain abutting property owners to install fire services
lines as needed for the purpose of creating residential units in buildings; and
WHEREAS, the costs of new water service lines and the possible installation of necessary fire
service lines are necessary public improvements which are the responsibility of Property Owner; and
WHEREAS, Property Owner desires the completion of the repair and replacement of the
necessary public improvements and intends to waive the requirement of a prior finding by the OttumwaCity Council that the condition of the improvements constitutes a nuisance and the requirement of prior
notice; and
WHEREAS, Property Owner hereby consents to the repair of the public improvements by theCity and the assessment of the cost of the repair to the Property.
1
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Obligations of Property Owner:
1. Property Owner shall, within 10 days of the execution of this Agreement, make payment
arrangements for the necessary public improvements. The cost will be the sole responsibility of theProperty Owner. The cost may be paid in full without interest directly to the City or the City' s
contractor prior to work on the necessary public improvements for which Property Owner isresponsible.
2. Property Owner specifically consents to the installation of the water service line and/ or
fire service line as needed, at the property owner' s cost.
3. If the cost of the necessary public improvements for which Property Owner is
responsible remains unpaid for ninety (90) days following notice of completion of such improvements,
Property Owner hereby requests and consents to the assessment of the cost of the repairs against the
Property. Property Owner hereby waives the requirement of a prior finding by the city council that thecondition of the public improvements constitutes a nuisance and the requirement of prior notice.
Property Owner consents to the repair and assessment of the costs of the repairs to the Property.
4. Property Owner shall indemnify and hold the City harmless from and against any and all
occurrences, claims, demands, causes of action, liability and loss of any kind and nature whatsoever and
which is brought by any party and arises from whatever source of law, together with related costs and
expenses, relating to or arising, either from the installation of water service or fire service lines.
Property Owner specifically waives all claims against City for damages or injuries to persons or property
as a result of the installation of any water service line or fire service line during this project. Property
Owner acknowledges the City has no responsibility for the ongoing maintenance and repair of the water
service line and/ or fire service line located on the Property and the City assumes no responsibility
therefore under the terms of this Agreement. The preceding sentences shall not apply to loss, injury,
death or damage arising because of the direct negligence of City, or its employees.
Section 2. Obligations of the City.
1. City shall cause the repair or replacement of the water line or fire service line as
requested by Property Owner. City shall permit Property Owner to utilize the city' s contractor, or itsdesignated sub-contractor for the installation of any water service or fire service line to its building.
2. City assumes no liability regarding the installation of the water line or fire service line asneeded.
2
3. City shall notify Property Owner of the date of completion of the requested water line
and/ or fire service line.
4. In the event the cost of said repairs remains unpaid for a period of ninety( 90) days
following notice by the City of completion, the City will assess the cost of such repairs to Property as
permitted by Iowa Code Sections 364. 12 and 364.13- 13B and in accordance with the procedures
provided under Iowa Code Chapter 384, Division IV.
Section 3. Miscellaneous.
1. This agreement is not intended by the parties to be a partnership or joint venture of any
kind. Neither does this Agreement create any form of an agency relationship between the parties.
Neither party shall have the authority to represent or speak for the other, without the express written
prior consent of the other, which shall be approved by the governing council. Neither party shall
assume any of the debts or liabilities of the other and nothing in this Agreement or otherwise shall
constitute any such agreement or be construed as an obligation on the part of either party to pay thedebts or other obligations of the other.
2. This Agreement constitutes the entire Agreement between the parties and shall not be
considered modified, altered, or amended in any respect unless in writing and signed by the parties.
3. This Agreement shall be governed by the laws of the State of Iowa.
4. If for any reason any provision of this Agreement shall be deemed invalid, illegal or
unenforceable, in whole or in part, the validity and effect of all other provisions shall not be changed.
5. The terms of this Agreement shall be binding upon Property Owner, and upon PropertyOwner' s heirs, personal representatives, successors in title, and assigns.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the date and year first hereinabove
written.
CITY OF OTTUMWA, IOWA Property Owner
Mayor Tom X. L io Rippling Waters Property r evelopment LLC
ATTEST:
IMOVV V/.JJ
Christina Reinhard, City Clerk
3
STATE OF IOWA
SS.
WAPELLO COUNTY
On this3 I( day of 2019, before me, the undersigned, a
Notary Public in and for the State of lowa,' personally appeared Tom X. Lazio and Christina Reinhard, to
me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Ottumwa, Iowa, a Municipality, created and existing under the laws of the
State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and
that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipality by it voluntarily executed.KATY KINGoK Commission Number 801361
My Commission Expiresow. January 25, 2020 tY
Notary Public i an for said StatSTATE OF IOWA
SS.
WAPELLO COUNTY
Onthisn I-I q-1r day of _ 2019, before me, SQaQr"\`
personally appeared, to me pers. na known, who being by me duly( sworn or affirmed) did say that
said instrument was signed as the voluntary act and eed of said Property Owner.
e e,/, 171 Y./. P...fgef-L(
N ary Public in and for said State
ALICIA L. BANKSONCommission Num. er 146583
owl* My Co. - issi%• Ex. ires
4
AGREEMENT AND CONSENT TO LIEN FOR WATER SERVICE COSTS
4
This Agreement, is made and entered into thisjI5hay of 2019, by andbetween Leslie Beard and Marti Crumes- Morrow, (hereinafter referred as " Property Owner") and the
City of Ottumwa, Iowa, ( hereinafter referred to as the " City").
RECITALS
WHERAS, the City is organized and established as a municipal corporation pursuant to the Code
of Iowa; and
WHEREAS, Property Owner is the record titleholder of real estate within the city located at:312 E. Main Street, (" the Property"): and
WHEREAS, the City is initiating the Ottumwa Main Street Improvement Project, known as the
Streetscape Project (" Project") for the full width, full depth concrete reconstruction of the 100, 200 and
300 blocks of East Main Street, in Ottumwa, Iowa; and
WHEREAS, the Project includes new water mains, new sanitary sewer lines and sewer laterals,
new storm sewers and new sidewalks in this 3- block area of East Main Street; and
WHEREAS, pursuant to applicable governing City ordinances and resolutions of the City' s water
utility board of trustees, property owners are responsible for the maintenance and improvement ofwater service lines and fire services lines; and
WHEREAS, the Project may require certain abutting property owners to install new water service
lines from the stop box to that owner' s water meter to comply with applicable state, federal, and locallaws concerning water quality; and
WHEREAS, the Project will also require certain abutting property owners to install fire services
lines as needed for the purpose of creating residential units in buildings; and
WHEREAS, the costs of new water service lines and the possible installation of necessary fire
service lines are necessary public improvements which are the responsibility of Property Owner; and
WHEREAS, Property Owner desires the completion of the repair and replacement of the
necessary public improvements and intends to waive the requirement of a prior finding by the OttumwaCity Council that the condition of the improvements constitutes a nuisance and the requirement of prior
notice; and
WHEREAS, Property Owner hereby consents to the repair of the public improvements by theCity and the assessment of the cost of the repair to the Property.
1
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Obligations of Property Owner:
1. Property Owner shall, within 10 days of the execution of this Agreement, make payment
arrangements for the necessary public improvements. The cost will be the sole responsibility of theProperty Owner. The cost may be paid in full without interest directly to the City or the City' s
contractor prior to work on the necessary public improvements for which Property Owner isresponsible.
2. Property Owner specifically consents to the installation of the water service line and/ or
fire service line as needed, at the property owner' s cost.
3. If the cost of the necessary public improvements for which Property Owner is
responsible remains unpaid for ninety( 90) days following notice of completion of such improvements,
Property Owner hereby requests and consents to the assessment of the cost of the repairs against the
Property. Property Owner hereby waives the requirement of a prior finding by the city council that thecondition of the public improvements constitutes a nuisance and the requirement of prior notice.
Property Owner consents to the repair and assessment of the costs of the repairs to the Property.
4. Property Owner shall indemnify and hold the City harmless from and against any and all
occurrences, claims, demands, causes of action, liability and loss of any kind and nature whatsoever and
which is brought by any party and arises from whatever source of law, together with related costs and
expenses, relating to or arising, either from the installation of water service or fire service lines.
Property Owner specifically waives all claims against City for damages or injuries to persons or property
as a result of the installation of any water service line or fire service line during this project. Property
Owner acknowledges the City has no responsibility for the ongoing maintenance and repair of the water
service line and/ or fire service line located on the Property and the City assumes no responsibilitytherefore under the terms of this Agreement. The preceding sentences shall not apply to loss, injury,
death or damage arising because of the direct negligence of City, or its employees.
Section 2. Obligations of the City.
1. City shall cause the repair or replacement of the water line or fire service line as
requested by Property Owner. City shall permit Property Owner to utilize the city' s contractor, or itsdesignated sub- contractor for the installation of any water service or fire service line to its building.
2. City assumes no liability regarding the installation of the water line or fire service line asneeded.
2
3. City shall notify Property Owner of the date of completion of the requested water lineand/ or fire service line.
4. In the event the cost of said repairs remains unpaid for a period of ninety( 90) days
following notice by the City of completion, the City will assess the cost of such repairs to Property as
permitted by Iowa Code Sections 364. 12 and 364. 13- 13B and in accordance with the procedures
provided under Iowa Code Chapter 384, Division IV.
Section 3. Miscellaneous.
1. This agreement is not intended by the parties to be a partnership or joint venture of any
kind. Neither does this Agreement create any form of an agency relationship between the parties.
Neither party shall have the authority to represent or speak for the other, without the express written
prior consent of the other, which shall be approved by the governing council. Neither party shall
assume any of the debts or liabilities of the other and nothing in this Agreement or otherwise shall
constitute any such agreement or be construed as an obligation on the part of either party to pay thedebts or other obligations of the other.
2. This Agreement constitutes the entire Agreement between the parties and shall not be
considered modified, altered, or amended in any respect unless in writing and signed by the parties.
3. This Agreement shall be governed by the laws of the State of Iowa.
4. If for any reason any provision of this Agreement shall be deemed invalid, illegal or
unenforceable, in whole or in part, the validity and effect of all other provisions shall not be changed.
5. The terms of this Agreement shall be binding upon Property Owner, and upon PropertyOwner' s heirs, personal representatives, successors in title, and assigns.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the date and year first hereinabove
written.
CITY OF OTTUMWA, IOW Property ; cner
Mayor Tom X. Lazio ( L• slie Beard
AN J Yv o- C}'^- O('L
ATTEST: Marti rumes- Morrow
Christina Reinhard, City Clerk
3
STATE OF IOWA
SS.
WAPELLO COUNTY )
On this Sr A day of 2019, before me, the undersigned, a
NotaryPublic in and for the State of Iowa, a eared Tom X. Lazio and Christina Reinhard, toPP
me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Ottumwa, Iowa, a Municipality, created and existing under the laws of the
State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and
that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipality by it voluntarily executed.c KATY KING
o Commission Number 801361C .
My Commission Expires Lrover January 25, 2020
Notary Publi . d for said ate
STATE OF IOWA
SS.
WAPELLO COUNTY )
On this,/ + day of ,jl,4_ t , 2019, before me, Leslie Berard E Ala r4i ( ( 1.411 S/ No( rovt/
personally appeared, to me ersbWall known, who beingbyme duly( sworn or affirmed) did saythatP Y pp p Y
said instrument was signed as the voluntary act and eed of said Property Owner.
c...jNo ary Public in and for said State
pp,\ALSF' ALICIA L. BANKSONCommission Number 146583
Ak My Co mi i n ExpiresowP 379 /. 1
4
AGREEMENT AND CONSENT TO LIEN FOR WATER SERVICE COSTS
This Agreement, is made and entered into this 1( 1441 day of 2019, by andbetween Kelly Reed Real Estate LC, ( hereinafter referred to as " Prop rt Owner") and the City ofOttumwa, Iowa, ( hereinafter referred to as the " City").
RECITALS
WHERAS, the City is organized and established as a municipal corporation pursuant to the Code
of Iowa; and
WHEREAS, Property Owner is the record titleholder of real estate within the city located at:313 E. Main Street, (" the Property"): and
WHEREAS, the City is initiating the Ottumwa Main Street Improvement Project, known as the
Streetscape Project (" Project") for the full width, full depth concrete reconstruction of the 100, 200 and
300 blocks of East Main Street, in Ottumwa, Iowa; and
WHEREAS, the Project includes new water mains, new sanitary sewer lines and sewer laterals,new storm sewers and new sidewalks in this 3- block area of East Main Street; and
WHEREAS, pursuant to applicable governing City ordinances and resolutions of the City' s water
utility board of trustees, property owners are responsible for the maintenance and improvement ofwater service lines and fire services lines; and
WHEREAS, the Project may require certain abutting property owners to install new water service
lines from the stop box to that owner' s water meter to comply with applicable state, federal, and local
laws concerning water quality; and
WHEREAS, the Project will also require certain abutting property owners to install fire services
lines as needed for the purpose of creating residential units in buildings; and
WHEREAS, the costs of new water service lines and the possible installation of necessary fire
service lines are necessary public improvements which are the responsibility of Property Owner; and
WHEREAS, Property Owner desires the completion of the repair and replacement of the
necessary public improvements and intends to waive the requirement of a prior finding by the Ottumwa
City Council that the condition of the improvements constitutes a nuisance and the requirement of prior
notice; and
WHEREAS, Property Owner hereby consents to the repair of the public improvements by the
City and the assessment of the cost of the repair to the Property.
1
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Obligations of Property Owner:
1. Property Owner shall, within 10 days of the execution of this Agreement, make payment
arrangements for the necessary public improvements. The cost will be the sole responsibility of the
Property Owner. The cost may be paid in full without interest directly to the City or the City' s
contractor prior to work on the necessary public improvements for which Property Owner isresponsible.
2. Property Owner specifically consents to the installation of the water service line and/ or
fire service line as needed, at the property owner' s cost.
3. If the cost of the necessary public improvements for which Property Owner is
responsible remains unpaid for ninety( 90) days following notice of completion of such improvements,
Property Owner hereby requests and consents to the assessment of the cost of the repairs against the
Property. Property Owner hereby waives the requirement of a prior finding by the city council that thecondition of the public improvements constitutes a nuisance and the requirement of prior notice.
Property Owner consents to the repair and assessment of the costs of the repairs to the Property.
4. Property Owner shall indemnify and hold the City harmless from and against any and all
occurrences, claims, demands, causes of action, liability and loss of any kind and nature whatsoever and
which is brought by any party and arises from whatever source of law, together with related costs and
expenses, relating to or arising, either from the installation of water service or fire service lines.
Property Owner specifically waives all claims against City for damages or injuries to persons or property
as a result of the installation of any water service line or fire service line during this project. Property
Owner acknowledges the City has no responsibility for the ongoing maintenance and repair of the water
service line and/ or fire service line located on the Property and the City assumes no responsibilitytherefore under the terms of this Agreement. The preceding sentences shall not apply to loss, injury,
death or damage arising because of the direct negligence of City, or its employees.
Section 2. Obligations of the City.
1. City shall cause the repair or replacement of the water line or fire service line as
requested by Property Owner. City shall permit Property Owner to utilize the city' s contractor, or its
designated sub-contractor for the installation of any water service or fire service line to its building.
2. City assumes no liability regarding the installation of the water line or fire service line asneeded.
2
3. City shall notify Property Owner of the date of completion of the requested water lineand/ or fire service line.
4. In the event the cost of said repairs remains unpaid for a period of ninety( 90) days
following notice by the City of completion, the City will assess the cost of such repairs to Property as
permitted by Iowa Code Sections 364. 12 and 364. 13- 13B and in accordance with the proceduresprovided under Iowa Code Chapter 384, Division IV.
Section 3. Miscellaneous.
1. This agreement is not intended by the parties to be a partnership or joint venture of any
kind. Neither does this Agreement create any form of an agency relationship between the parties.
Neither party shall have the authority to represent or speak for the other, without the express written
prior consent of the other, which shall be approved by the governing council. Neither party shall
assume any of the debts or liabilities of the other and nothing in this Agreement or otherwise shall
constitute any such agreement or be construed as an obligation on the part of either party to pay thedebts or other obligations of the other.
2. This Agreement constitutes the entire Agreement between the parties and shall not be
considered modified, altered, or amended in any respect unless in writing and signed by the parties.
3. This Agreement shall be governed by the laws of the State of Iowa.
4. If for any reason any provision of this Agreement shall be deemed invalid, illegal or
unenforceable, in whole or in part, the validity and effect of all other provisions shall not be changed.
5. The terms of this Agreement shall be binding upon Property Owner, and upon PropertyOwner' s heirs, personal representatives, successors in title, and assigns.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the date and year first hereinabove
written.
CITY OF OTTUMWA, IOW Property Owner
2111. 1°'
11110,
Mayor Tom X. L zio Kelly Reed Real E- ate LC
ATTEST: •
ULLAt—Christina Reinhard, City Clerk
3
STATE OF IOWA
SS.
WAPELLO COUNTY )
On this —Sire] day of L< ,,}--( yv-)e,f--- , 2019, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Tom X. Lazio and Christina Reinhard, to
me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Ottumwa, Iowa, a Municipality, created and existing under the laws of the
State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and
that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipality by it voluntarily executed.
KATY KINGCommission. Number 801361
1;;; My Commission Expires
row January 25, 2020 Notary Public in 41iiiifor said t toSTATE OF IOWA
SS.
WAPELLO COUNTY )
On this / qM day of iibi" lle l , 2019, before me, Ke./' q/ iegCJpersonally appeared, to me personlly known, who being by me duly( sworn or affirmed) did say that
said instrument was signed as the voluntary act and eed of said Property Owner.
1.N tary Public in and for said ate
v,Ato, ALICIA L. BANKSONCommission Number 146583
isMy C Expires
4
AGREEMENT AND CONSENT TO LIEN FOR WATER SERVICE COSTS
This Agreement, is made and entered into this ()'- ifilay of 2019, by andbetween Jorge and Leticia L. De Villeda, ( hereinafter referred to as" Pr erty Owner") and the City ofOttumwa, Iowa, ( hereinafter referred to as the " City").
RECITALS
WHERAS, the City is organized and established as a municipal corporation pursuant to the Code
of Iowa; and
WHEREAS, Property Owner is the record titleholder of real estate within the city located at:314 E Main Street; (" the Property"): and
WHEREAS, the City is initiating the Ottumwa Main Street Improvement Project, known as theStreetscape Project (" Project") for the full width, full depth concrete reconstruction of the 100, 200 and
300 blocks of East Main Street, in Ottumwa, Iowa; and
WHEREAS, the Project includes new water mains, new sanitary sewer lines and sewer laterals,
new storm sewers and new sidewalks in this 3- block area of East Main Street; and
WHEREAS, pursuant to applicable governing City ordinances and resolutions of the City' s water
utility board of trustees, property owners are responsible for the maintenance and improvement of
water service lines and fire services lines; and
WHEREAS, the Project may require certain abutting property owners to install new water service
lines from the stop box to that owner' s water meter to comply with applicable state, federal, and local
laws concerning water quality; and
WHEREAS, the Project will also require certain abutting property owners to install fire services
lines as needed for the purpose of creating residential units in buildings; and
WHEREAS, the costs of new water service lines and the possible installation of necessary fire
service lines are necessary public improvements which are the responsibility of Property Owner; and
WHEREAS, Property Owner desires the completion of the repair and replacement of the
necessary public improvements and intends to waive the requirement of a prior finding by the Ottumwa
City Council that the condition of the improvements constitutes a nuisance and the requirement of priornotice; and
WHEREAS, Property Owner hereby consents to the repair of the public improvements by the
City and the assessment of the cost of the repair to the Property.
1
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Obligations of Property Owner:
1. Property Owner shall, within 10 days of the execution of this Agreement, make payment
arrangements for the necessary public improvements. The cost will be the sole responsibility of theProperty Owner. The cost may be paid in full without interest directly to the City or the City' s
contractor prior to work on the necessary public improvements for which Property Owner isresponsible.
2. Property Owner specifically consents to the installation of the water service line and/ or
fire service line as needed, at the property owner' s cost.
3. If the cost of the necessary public improvements for which Property Owner is
responsible remains unpaid for ninety( 90) days following notice of completion of such improvements,
Property Owner hereby requests and consents to the assessment of the cost of the repairs against the
Property. Property Owner hereby waives the requirement of a prior finding by the city council that thecondition of the public improvements constitutes a nuisance and the requirement of prior notice.
Property Owner consents to the repair and assessment of the costs of the repairs to the Property.
4. Property Owner shall indemnify and hold the City harmless from and against any and all
occurrences, claims, demands, causes of action, liability and loss of any kind and nature whatsoever and
which is brought by any party and arises from whatever source of law, together with related costs and
expenses, relating to or arising, either from the installation of water service or fire service lines.
Property Owner specifically waives all claims against City for damages or injuries to persons or property
as a result of the installation of any water service line or fire service line during this project. Property
Owner acknowledges the City has no responsibility for the ongoing maintenance and repair of the water
service line and/ or fire service line located on the Property and the City assumes no responsibility
therefore under the terms of this Agreement. The preceding sentences shall not apply to loss, injury,
death or damage arising because of the direct negligence of City, or its employees.
Section 2. Obligations of the City.
1. City shall cause the repair or replacement of the water line or fire service line as
requested by Property Owner. City shall permit Property Owner to utilize the city' s contractor, or its
designated sub- contractor for the installation of any water service or fire service line to its building.
2. City assumes no liability regarding the installation of the water line or fire service line asneeded.
2
3. City shall notify Property Owner of the date of completion of the requested water line
and/ or fire service line.
4. In the event the cost of said repairs remains unpaid for a period of ninety( 90) days
following notice by the City of completion, the City will assess the cost of such repairs to Property aspermitted by Iowa Code Sections 364. 12 and 364. 13- 13B and in accordance with the procedures
provided under Iowa Code Chapter 384, Division IV.
Section 3. Miscellaneous.
1. This agreement is not intended by the parties to be a partnership or joint venture of any
kind. Neither does this Agreement create any form of an agency relationship between the parties.
Neither party shall have the authority to represent or speak for the other, without the express written
prior consent of the other, which shall be approved by the governing council. Neither party shall
assume any of the debts or liabilities of the other and nothing in this Agreement or otherwise shall
constitute any such agreement or be construed as an obligation on the part of either party to pay thedebts or other obligations of the other.
2. This Agreement constitutes the entire Agreement between the parties and shall not be
considered modified, altered, or amended in any respect unless in writing and signed by the parties.
3. This Agreement shall be governed by the laws of the State of Iowa.
4. If for any reason any provision of this Agreement shall be deemed invalid, illegal or
unenforceable, in whole or in part, the validity and effect of all other provisions shall not be changed.
5. The terms of this Agreement shall be binding upon Property Owner, and upon PropertyOwner' s heirs, personal representatives, successors in title, and assigns.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the date and year first hereinabove
written.
CITY OF OTTUMWA, IOW ) I : •- ,
0,
T.,-)M yor Tom X. Lazio ge Villeda
ATTEST:
Leticia L De illeda
Christina Reinhard, City Clerk
3
STATE OF IOWA
SS.
WAPELLO COUNTY )
On this
12)r(A day of ,
1 -eer , 2019, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Tom X. Lazio and Christina Reinhard, to
me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Ottumwa, Iowa, a Municipality, created and existing under the laws of the
State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and
that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipality by it voluntaril executed.KATY KING
i13° 44a
Commission Number 801361
My Commission Expires I V3,January 25, 2020
Notary Public i d for sai State
STATE OF IOWA
SS.
WAPELLO COUNTY )
On this.A41 day of / gL S-f , 2019, before me, OY' P_Ul lipda, E 1, eTiC; i 1...- e Iii deck.personally appeared, to me per ona ly known, who being by me dC(sworn or affirmed) did say that
isaid instrument was signed as the voluntary act and d ed of said Property Owner.
iiCt. AaInfteri!Not ry Public in and for said Sta
gPPA
SF ALICIA L. BANKSONCommission Number 146583
My Co r iss'. Expiresow
4
AGREEMENT AND CONSENT TO LIEN FOR WATER SERVICE COSTS
This Agreement, is made and entered into this IdThday of 2019, by and
between Rippling Waters Property Development LLC, ( hereinafter refer d to as " Property Owner") and
the City of Ottumwa, Iowa, ( hereinafter referred to as the " City").
RECITALS
WHERAS, the City is organized and established as a municipal corporation pursuant to the Code
of Iowa; and
WHEREAS, Property Owner is the record titleholder of real estate within the city located at:315 E. Main Street, (" the Property"): and
WHEREAS, the City is initiating the Ottumwa Main Street Improvement Project, known as the
Streetscape Project (" Project") for the full width, full depth concrete reconstruction of the 100, 200 and
300 blocks of East Main Street, in Ottumwa, Iowa; and
WHEREAS, the Project includes new water mains, new sanitary sewer lines and sewer laterals,new storm sewers and new sidewalks in this 3- block area of East Main Street; and
WHEREAS, pursuant to applicable governing City ordinances and resolutions of the City' s water
utility board of trustees, property owners are responsible for the maintenance and improvement of
water service lines and fire services lines; and
WHEREAS, the Project may require certain abutting property owners to install new water service
lines from the stop box to that owner' s water meter to comply with applicable state, federal, and local
laws concerning water quality; and
WHEREAS, the Project will also require certain abutting property owners to install fire services
lines as needed for the purpose of creating residential units in buildings; and
WHEREAS, the costs of new water service lines and the possible installation of necessary fire
service lines are necessary public improvements which are the responsibility of Property Owner; and
WHEREAS, Property Owner desires the completion of the repair and replacement of the
necessary public improvements and intends to waive the requirement of a prior finding by the OttumwaCity Council that the condition of the improvements constitutes a nuisance and the requirement of prior
notice; and
WHEREAS, Property Owner hereby consents to the repair of the public improvements by theCity and the assessment of the cost of the repair to the Property.
1
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Obligations of Property Owner:
1. Property Owner shall, within 10 days of the execution of this Agreement, make payment
arrangements for the necessary public improvements. The cost will be the sole responsibility of the
Property Owner. The cost may be paid in full without interest directly to the City or the City' s
contractor prior to work on the necessary public improvements for which Property Owner isresponsible.
2. Property Owner specifically consents to the installation of the water service line and/ or
fire service line as needed, at the property owner' s cost.
3. If the cost of the necessary public improvements for which Property Owner is
responsible remains unpaid for ninety( 90) days following notice of completion of such improvements,
Property Owner hereby requests and consents to the assessment of the cost of the repairs against the
Property. Property Owner hereby waives the requirement of a prior finding by the city council that thecondition of the public improvements constitutes a nuisance and the requirement of prior notice.
Property Owner consents to the repair and assessment of the costs of the repairs to the Property.
4. Property Owner shall indemnify and hold the City harmless from and against any and all
occurrences, claims, demands, causes of action, liability and loss of any kind and nature whatsoever and
which is brought by any party and arises from whatever source of law, together with related costs and
expenses, relating to or arising, either from the installation of water service or fire service lines.
Property Owner specifically waives all claims against City for damages or injuries to persons or property
as a result of the installation of any water service line or fire service line during this project. Property
Owner acknowledges the City has no responsibility for the ongoing maintenance and repair of the water
service line and/ or fire service line located on the Property and the City assumes no responsibilitytherefore under the terms of this Agreement. The preceding sentences shall not apply to loss, injury,
death or damage arising because of the direct negligence of City, or its employees.
Section 2. Obligations of the City.
1. City shall cause the repair or replacement of the water line or fire service line as
requested by Property Owner. City shall permit Property Owner to utilize the city' s contractor, or its
designated sub-contractor for the installation of any water service or fire service line to its building.
2. City assumes no liability regarding the installation of the water line or fire service line asneeded.
2
3. City shall notify Property Owner of the date of completion of the requested water lineand/ or fire service line.
4. In the event the cost of said repairs remains unpaid for a period of ninety( 90) days
following notice by the City of completion, the City will assess the cost of such repairs to Property as
permitted by Iowa Code Sections 364. 12 and 364. 13- 13B and in accordance with the procedures
provided under Iowa Code Chapter 384, Division IV.
Section 3. Miscellaneous.
1. This agreement is not intended by the parties to be a partnership or joint venture of any
kind. Neither does this Agreement create any form of an agency relationship between the parties.
Neither party shall have the authority to represent or speak for the other, without the express written
prior consent of the other, which shall be approved by the governing council. Neither party shall
assume any of the debts or liabilities of the other and nothing in this Agreement or otherwise shall
constitute any such agreement or be construed as an obligation on the part of either party to pay thedebts or other obligations of the other.
2. This Agreement constitutes the entire Agreement between the parties and shall not be
considered modified, altered, or amended in any respect unless in writing and signed by the parties.
3. This Agreement shall be governed by the laws of the State of Iowa.
4. If for any reason any provision of this Agreement shall be deemed invalid, illegal or
unenforceable, in whole or in part, the validity and effect of all other provisions shall not be changed.
5. The terms of this Agreement shall be binding upon Property Owner, and upon PropertyOwner' s heirs, personal representatives, successors in title, and assigns.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the date and year first hereinabove
written.
CITY OF OTTUMWA, IOWA Property Owner
Mayor Tom X. Lazio Rippling Waters Property re elopment LLC
ATTEST:
Okat.Christina Reinhard, City Clerk
3
STATE OF IOWA
SS.
WAPELLO COUNTY )
1On this < ( Sl day ofejYY1bK-r , 2019, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Tom X. Lazio and Christina Reinhard, to
me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Ottumwa, Iowa, a Municipality, created and existing under the laws of the
State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and
that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deedof said Munici.. . • ' • • . executed.
KAY KINGA. `^
Commission Nss on E pi es
I/ SVn. r . My Commission Expires
Janus 25 2020
Notary Public in d for said tate
STATE OF IOWA
SS.
WAPELLO COUNTY )
4
Lin
On this iLi day of a - ' 2019, before me, ( .( um flHcjpersonally appeared, to me persona known, who being by me duly( sworn or affirmed) did soy thatsaid instrument was signed as the voluntary act andd d of said Property Owner.
i,ealy (,- ,,ci,
27_,,,„-Notary Public in and for said State
PPp
S, ALICIA L. BANKSONI-Commission Number 146583
owP My Co, ' issi• Ex. ire0 ,
4
AGREEMENT AND CONSENT TO LIEN FOR WATER SERVICE COSTS
This Agreement, is made and entered into this ffi1i day of c" 2019, by and
between Rippling Waters Property Development LLC, ( hereinafter refe ed to as " Property Owner") and
the City of Ottumwa, Iowa, ( hereinafter referred to as the " City").
RECITALS
WHERAS, the City is organized and established as a municipal corporation pursuant to the Code
of Iowa; and
WHEREAS, Property Owner is the record titleholder of real estate within the city located at:317 E. Main Street, (" the Property"): and
WHEREAS, the City is initiating the Ottumwa Main Street Improvement Project, known as the
Streetscape Project (" Project") for the full width, full depth concrete reconstruction of the 100, 200 and
300 blocks of East Main Street, in Ottumwa, Iowa; and
WHEREAS, the Project includes new water mains, new sanitary sewer lines and sewer laterals,
new storm sewers and new sidewalks in this 3- block area of East Main Street; and
WHEREAS, pursuant to applicable governing City ordinances and resolutions of the City' s water
utility board of trustees, property owners are responsible for the maintenance and improvement ofwater service lines and fire services lines; and
WHEREAS, the Project may require certain abutting property owners to install new water service
lines from the stop box to that owner' s water meter to comply with applicable state, federal, and local
laws concerning water quality; and
WHEREAS, the Project will also require certain abutting property owners to install fire services
lines as needed for the purpose of creating residential units in buildings; and
WHEREAS, the costs of new water service lines and the possible installation of necessary fire
service lines are necessary public improvements which are the responsibility of Property Owner; and
WHEREAS, Property Owner desires the completion of the repair and replacement of the
necessary public improvements and intends to waive the requirement of a prior finding by the Ottumwa
City Council that the condition of the improvements constitutes a nuisance and the requirement of prior
notice; and
WHEREAS, Property Owner hereby consents to the repair of the public improvements by the
City and the assessment of the cost of the repair to the Property.
1
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Obligations of Property Owner:
1. Property Owner shall, within 10 days of the execution of this Agreement, make payment
arrangements for the necessary public improvements. The cost will be the sole responsibility of the
Property Owner. The cost may be paid in full without interest directly to the City or the City' s
contractor prior to work on the necessary public improvements for which Property Owner isresponsible.
2. Property Owner specifically consents to the installation of the water service line and/ or
fire service line as needed, at the property owner' s cost.
3. If the cost of the necessary public improvements for which Property Owner is
responsible remains unpaid for ninety (90) days following notice of completion of such improvements,
Property Owner hereby requests and consents to the assessment of the cost of the repairs against the
Property. Property Owner hereby waives the requirement of a prior finding by the city council that thecondition of the public improvements constitutes a nuisance and the requirement of prior notice.
Property Owner consents to the repair and assessment of the costs of the repairs to the Property.
4. Property Owner shall indemnify and hold the City harmless from and against any and all
occurrences, claims, demands, causes of action, liability and loss of any kind and nature whatsoever and
which is brought by any party and arises from whatever source of law, together with related costs and
expenses, relating to or arising, either from the installation of water service or fire service lines.
Property Owner specifically waives all claims against City for damages or injuries to persons or property
as a result of the installation of any water service line or fire service line during this project. Property
Owner acknowledges the City has no responsibility for the ongoing maintenance and repair of the water
service line and/ or fire service line located on the Property and the City assumes no responsibility
therefore under the terms of this Agreement. The preceding sentences shall not apply to loss, injury,
death or damage arising because of the direct negligence of City, or its employees.
Section 2. Obligations of the City.
1. City shall cause the repair or replacement of the water line or fire service line as
requested by Property Owner. City shall permit Property Owner to utilize the city' s contractor, or its
designated sub- contractor for the installation of any water service or fire service line to its building.
2. City assumes no liability regarding the installation of the water line or fire service line asneeded.
2
3. City shall notify Property Owner of the date of completion of the requested water lineand/ or fire service line.
4. In the event the cost of said repairs remains unpaid for a period of ninety( 90) days
following notice by the City of completion, the City will assess the cost of such repairs to Property as
permitted by Iowa Code Sections 364. 12 and 364. 13- 13B and in accordance with the procedures
provided under Iowa Code Chapter 384, Division IV.
Section 3. Miscellaneous.
1. This agreement is not intended by the parties to be a partnership or joint venture of any
kind. Neither does this Agreement create any form of an agency relationship between the parties.
Neither party shall have the authority to represent or speak for the other, without the express written
prior consent of the other, which shall be approved by the governing council. Neither party shall
assume any of the debts or liabilities of the other and nothing in this Agreement or otherwise shall
constitute any such agreement or be construed as an obligation on the part of either party to pay the
debts or other obligations of the other.
2. This Agreement constitutes the entire Agreement between the parties and shall not be
considered modified, altered, or amended in any respect unless in writing and signed by the parties.
3. This Agreement shall be governed by the laws of the State of Iowa.
4. If for any reason any provision of this Agreement shall be deemed invalid, illegal or
unenforceable, in whole or in part, the validity and effect of all other provisions shall not be changed.
5. The terms of this Agreement shall be binding upon Property Owner, and upon PropertyOwner' s heirs, personal representatives, successors in title, and assigns.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the date and year first hereinabove
written.
CITY OF OTTUMWA, IOWA Property Owner
ci4,2
X .7..)Mayor Tom X. Lazio Rippling Waters Pro. erty P- velopment LLC
A EST:
iik... p.,,,/,,,,Christina Reinhard, City Clerk
3
STATE OF IOWA
SS.
WAPELLO COUNTY )
On this 3rdl day of 2019, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Tom X. Lazio and Christina Reinhard, to
me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Ottumwa, Iowa, a Municipality, created and existing under the laws of the
State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and
that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipality by it voluntarily executed.KATY KING
Io „" Commission Number 801361
itMy Commission ExpiresJanuary 25, 2020
Notary Public i lie for sa tate
STATE OF IOWA
SS.
WAPELLO COUNTY )
On this ) 9,11-1 day of ma, , 2019, before me, LJ'
P Tl(l ` ...P/ t
personally appeared, to me pers. n- y known, who being by me duly( sworn or affirmed) diff say that
said instrument was signed as the voluntary act and deed of said Property Owner.
Not ry Public in and for said Stat
PAL,s,„, ALICIA L. BANKSON
Commission Numbeeer146583eMy C9S/, js i, r,
A7lrlOWPn/ ,/
4
AGREEMENT AND CONSENT TO LIEN FOR WATER SERVICE COSTS
This Agreement, is made and entered into this day of 2019, by andbetween Golden Dragon of Ottumwa, Inc., ( hereinafter referred to-
Liash " perty Owner") and the City of
Ottumwa, Iowa, ( hereinafter referred to as the " City").
RECITALS
WHERAS, the City is organized and established as a municipal corporation pursuant to the Code
of Iowa; and
WHEREAS, Property Owner is the record titleholder of real estate within the city located at:319- 321 E. Main Street, (" the Property"): and
WHEREAS, the City is initiating the Ottumwa Main Street Improvement Project, known as theStreetscape Project (" Project") for the full width, full depth concrete reconstruction of the 100, 200 and
300 blocks of East Main Street, in Ottumwa, Iowa; and
WHEREAS, the Project includes new water mains, new sanitary sewer lines and sewer laterals,
new storm sewers and new sidewalks in this 3- block area of East Main Street; and
WHEREAS, pursuant to applicable governing City ordinances and resolutions of the City' s water
utility board of trustees, property owners are responsible for the maintenance and improvement of
water service lines and fire services lines; and
WHEREAS, the Project may require certain abutting property owners to install new water service
lines from the stop box to that owner' s water meter to comply with applicable state, federal, and local
laws concerning water quality; and
WHEREAS, the Project will also require certain abutting property owners to install fire services
lines as needed for the purpose of creating residential units in buildings; and
WHEREAS, the costs of new water service lines and the possible installation of necessary fireservice lines are necessary public improvements which are the responsibility of Property Owner; and
WHEREAS, Property Owner desires the completion of the repair and replacement of the
necessary public improvements and intends to waive the requirement of a prior finding by the OttumwaCity Council that the condition of the improvements constitutes a nuisance and the requirement of prior
notice; and
WHEREAS, Property Owner hereby consents to the repair of the public improvements by theCity and the assessment of the cost of the repair to the Property.
1
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Obligations of Property Owner:
1. Property Owner shall, within 10 days of the execution of this Agreement, make payment
arrangements for the necessary public improvements. The cost will be the sole responsibility of the
Property Owner. The cost may be paid in full without interest directly to the City or the City' s
contractor prior to work on the necessary public improvements for which Property Owner isresponsible.
2. Property Owner specifically consents to the installation of the water service line and/ or
fire service line as needed, at the property owner' s cost.
3. If the cost of the necessary public improvements for which Property Owner is
responsible remains unpaid for ninety (90) days following notice of completion of such improvements,
Property Owner hereby requests and consents to the assessment of the cost of the repairs against the
Property. Property Owner hereby waives the requirement of a prior finding by the city council that the
condition of the public improvements constitutes a nuisance and the requirement of prior notice.
Property Owner consents to the repair and assessment of the costs of the repairs to the Property.
4. Property Owner shall indemnify and hold the City harmless from and against any and all
occurrences, claims, demands, causes of action, liability and loss of any kind and nature whatsoever and
which is brought by any party and arises from whatever source of law, together with related costs and
expenses, relating to or arising, either from the installation of water service or fire service lines.
Property Owner specifically waives all claims against City for damages or injuries to persons or property
as a result of the installation of any water service line or fire service line during this project. Property
Owner acknowledges the City has no responsibility for the ongoing maintenance and repair of the water
service line and/ or fire service line located on the Property and the City assumes no responsibility
therefore under the terms of this Agreement. The preceding sentences shall not apply to loss, injury,
death or damage arising because of the direct negligence of City, or its employees.
Section 2. Obligations of the City.
1. City shall cause the repair or replacement of the water line or fire service line as
requested by Property Owner. City shall permit Property Owner to utilize the city' s contractor, or its
designated sub- contractor for the installation of any water service or fire service line to its building.
2. City assumes no liability regarding the installation of the water line or fire service line asneeded.
2
3. City shall notify Property Owner of the date of completion of the requested water lineand/ or fire service line.
4. In the event the cost of said repairs remains unpaid for a period of ninety( 90) days
following notice by the City of completion, the City will assess the cost of such repairs to Property as
permitted by Iowa Code Sections 364. 12 and 364. 13- 13B and in accordance with the procedures
provided under Iowa Code Chapter 384, Division IV.
Section 3. Miscellaneous.
1. This agreement is not intended by the parties to be a partnership or joint venture of any
kind. Neither does this Agreement create any form of an agency relationship between the parties.
Neither party shall have the authority to represent or speak for the other, without the express written
prior consent of the other, which shall be approved by the governing council. Neither party shall
assume any of the debts or liabilities of the other and nothing in this Agreement or otherwise shall
constitute any such agreement or be construed as an obligation on the part of either party to pay thedebts or other obligations of the other.
2. This Agreement constitutes the entire Agreement between the parties and shall not be
considered modified, altered, or amended in any respect unless in writing and signed by the parties.
3. This Agreement shall be governed by the laws of the State of Iowa.
4. If for any reason any provision of this Agreement shall be deemed invalid, illegal or
unenforceable, in whole or in part, the validity and effect of all other provisions shall not be changed.
5. The terms of this Agreement shall be binding upon Property Owner, and upon PropertyOwner' s heirs, personal representatives, successors in title, and assigns.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the date and year first hereinabove
written.
CITY OF OTTUMWA, IOWAProperty Owner
477/(--.1) _Ae2
OP
Mayor Tom X. Lazio Golde Dragon Ottu wa, Inc.
ATTEST:
1----Pet4aLck_jChristina Reinhard, City Clerk
3
STATE OF IOWA
SS.
WAPELLO COUNTY )
On thi r day of C (, eyn 2019, before me, the undersigned, a
Notary Public in and for the Stateoficin and for the State Iowa, personally appeared Tom X. Lazio and Christina Reinhard, to
me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Ottumwa, Iowa, a Municipality, created and existing under the laws of the
State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and
that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipality by it voluntarily executed.KATY KING
oCommission Number 801361
My Commission ExpiresJanuary 25, 2020
Notary Public in for said to
STATE OF IOWA
SS.
WAPELLO COUNTY )
4On this• ZI5-t- day of , , , 2019, before me, onC{- 5ifiva n , Sh 1 th
personally appeared, to me pers. n. known, who being by me duly( sworn or affirmed) did say that
said instrument was signed as the voluntary act and deed of said Property Owner.
1P44 i-( 3/1,120,911No ary Public in and for said StaPALS., ALICIA L. BANKSON
Z < Commission Number 1146583My Clgmin
A p
fOWP• 4//
4
AGREEMENT AND CONSENT TO LIEN FOR WATER SERVICE COSTS
This Agreement, is made and entered into this / i-ihday of . aq W-It , 2019, by andbetween Rippling Waters Property Development LLC, ( hereinafter r erted to as " Property Owner") and
the City of Ottumwa, Iowa, ( hereinafter referred to as the " City").
RECITALS
WHERAS, the City is organized and established as a municipal corporation pursuant to the Code
of Iowa; and
WHEREAS, Property Owner is the record titleholder of real estate within the city located at:
320 E Main Street; (" the Property"): and
WHEREAS, the City is initiating the Ottumwa Main Street Improvement Project, known as the
Streetscape Project (" Project") for the full width, full depth concrete reconstruction of the 100, 200 and
300 blocks of East Main Street, in Ottumwa, Iowa; and
WHEREAS, the Project includes new water mains, new sanitary sewer lines and sewer laterals,
new storm sewers and new sidewalks in this 3- block area of East Main Street; and
WHEREAS, pursuant to applicable governing City ordinances and resolutions of the City' s water
utility board of trustees, property owners are responsible for the maintenance and improvement ofwater service lines and fire services lines; and
WHEREAS, the Project may require certain abutting property owners to install new water service
lines from the stop box to that owner' s water meter to comply with applicable state, federal, and local
laws concerning water quality; and
WHEREAS, the Project will also require certain abutting property owners to install fire services
lines as needed for the purpose of creating residential units in buildings; and
WHEREAS, the costs of new water service lines and the possible installation of necessary fire
service lines are necessary public improvements which are the responsibility of Property Owner; and
WHEREAS, Property Owner desires the completion of the repair and replacement of the
necessary public improvements and intends to waive the requirement of a prior finding by the Ottumwa
City Council that the condition of the improvements constitutes a nuisance and the requirement of prior
notice; and
WHEREAS, Property Owner hereby consents to the repair of the public improvements by the
City and the assessment of the cost of the repair to the Property.
1
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Obligations of Property Owner:
1. Property Owner shall, within 10 days of the execution of this Agreement, make payment
arrangements for the necessary public improvements. The cost will be the sole responsibility of the
Property Owner. The cost may be paid in full without interest directly to the City or the City' s
contractor prior to work on the necessary public improvements for which Property Owner isresponsible.
2. Property Owner specifically consents to the installation of the water service line and/ or
fire service line as needed, at the property owner' s cost.
3. If the cost of the necessary public improvements for which Property Owner is
responsible remains unpaid for ninety (90) days following notice of completion of such improvements,
Property Owner hereby requests and consents to the assessment of the cost of the repairs against the
Property. Property Owner hereby waives the requirement of a prior finding by the city council that thecondition of the public improvements constitutes a nuisance and the requirement of prior notice.
Property Owner consents to the repair and assessment of the costs of the repairs to the Property.
4. Property Owner shall indemnify and hold the City harmless from and against any and all
occurrences, claims, demands, causes of action, liability and loss of any kind and nature whatsoever and
which is brought by any party and arises from whatever source of law, together with related costs and
expenses, relating to or arising, either from the installation of water service or fire service lines.
Property Owner specifically waives all claims against City for damages or injuries to persons or property
as a result of the installation of any water service line or fire service line during this project. Property
Owner acknowledges the City has no responsibility for the ongoing maintenance and repair of the water
service line and/ or fire service line located on the Property and the City assumes no responsibility
therefore under the terms of this Agreement. The preceding sentences shall not apply to loss, injury,
death or damage arising because of the direct negligence of City, or its employees.
Section 2. Obligations of the City.
1. City shall cause the repair or replacement of the water line or fire service line as
requested by Property Owner. City shall permit Property Owner to utilize the city' s contractor, or its
designated sub-contractor for the installation of any water service or fire service line to its building.
2. City assumes no liability regarding the installation of the water line or fire service line asneeded.
2
3. City shall notify Property Owner of the date of completion of the requested water lineand/ or fire service line.
4. In the event the cost of said repairs remains unpaid for a period of ninety( 90) days
following notice by the City of completion, the City will assess the cost of such repairs to Property as
permitted by Iowa Code Sections 364. 12 and 364. 13- 13B and in accordance with the procedures
provided under Iowa Code Chapter 384, Division IV.
Section 3. Miscellaneous.
1. This agreement is not intended by the parties to be a partnership or joint venture of any
kind. Neither does this Agreement create any form of an agency relationship between the parties.
Neither party shall have the authority to represent or speak for the other, without the express written
prior consent of the other, which shall be approved by the governing council. Neither party shall
assume any of the debts or liabilities of the other and nothing in this Agreement or otherwise shall
constitute any such agreement or be construed as an obligation on the part of either party to pay thedebts or other obligations of the other.
2. This Agreement constitutes the entire Agreement between the parties and shall not be
considered modified, altered, or amended in any respect unless in writing and signed by the parties.
3. This Agreement shall be governed by the laws of the State of Iowa.
4. If for any reason any provision of this Agreement shall be deemed invalid, illegal or
unenforceable, in whole or in part, the validity and effect of all other provisions shall not be changed.
5. The terms of this Agreement shall be binding upon Property Owner, and upon PropertyOwner' s heirs, personal representatives, successors in title, and assigns.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the date and year first hereinabove
written.
CITY OF OTTUMWA, IOWA Property Owner
A
Or
Mayor Tom X. Lazio Rippling Waters Property opment LLC
ATTEST:
fie. , -dti91
Christina Reinhard, City Clerk
3
STATE OF IOWA
SS.
WAPELLO COUNTY )
On this J r day of De(*, ry)` ? , 2019, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Tom X. Lazio and Christina Reinhard, to
me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Ottumwa, Iowa, a Municipality, created and existing under the laws of the
State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and
that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipality by it voluntarily executed.KATY KING
oCommission Number 8013611,-."-,
My Commission Expires l'
January 25, 2020Notary Public in for said ate
STATE OF IOWA
SS.
WAPELLO COUNTY )
On this ! Kiwi day of _„/ 2019, before me, jeQ/ 1 1 rl/
personally appeared, to me per . na y known, who being by me duly( sworn or affirmed) did iay that
said instrument was signed as the voluntary act and deed of said Property Owner.
No ary Public in and for said Statg'01 SF, ALICIA L. BANKSON
Commission Nu ber 146583My . ' mis•.•• n Expire
ow.!
4
AGREEMENT AND CONSENT TO LIEN FOR WATER SERVICE COSTS
4
This Agreement, is made and entered into this / 1P day of uyq,S f , 2019, by andbetween Kelly Reed Real Estate LC, ( hereinafter referred to as" Property Owner") and the City of
Ottumwa, Iowa, ( hereinafter referred to as the " City").
RECITALS
WHERAS, the City is organized and established as a municipal corporation pursuant to the Code
of Iowa; and
WHEREAS, Property Owner is the record titleholder of real estate within the city located at:322 E. Main Street; (" the Property"): and
WHEREAS, the City is initiating the Ottumwa Main Street Improvement Project, known as the
Streetscape Project (" Project") for the full width, full depth concrete reconstruction of the 100, 200 and
300 blocks of East Main Street, in Ottumwa, Iowa; and
WHEREAS, the Project includes new water mains, new sanitary sewer lines and sewer laterals,
new storm sewers and new sidewalks in this 3- block area of East Main Street; and
WHEREAS, pursuant to applicable governing City ordinances and resolutions of the City' s water
utility board of trustees, property owners are responsible for the maintenance and improvement ofwater service lines and fire services lines; and
WHEREAS, the Project may require certain abutting property owners to install new water service
lines from the stop box to that owner' s water meter to comply with applicable state, federal, and local
laws concerning water quality; and
WHEREAS, the Project will also require certain abutting property owners to install fire services
lines as needed for the purpose of creating residential units in buildings; and
WHEREAS, the costs of new water service lines and the possible installation of necessary fire
service lines are necessary public improvements which are the responsibility of Property Owner; and
WHEREAS, Property Owner desires the completion of the repair and replacement of the
necessary public improvements and intends to waive the requirement of a prior finding by the Ottumwa
City Council that the condition of the improvements constitutes a nuisance and the requirement of prior
notice; and
WHEREAS, Property Owner hereby consents to the repair of the public improvements by the
City and the assessment of the cost of the repair to the Property.
1
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Obligations of Property Owner:
1. Property Owner shall, within 10 days of the execution of this Agreement, make payment
arrangements for the necessary public improvements. The cost will be the sole responsibility of the
Property Owner. The cost may be paid in full without interest directly to the City or the City' s
contractor prior to work on the necessary public improvements for which Property Owner isresponsible.
2. Property Owner specifically consents to the installation of the water service line and/ or
fire service line as needed, at the property owner' s cost.
3. If the cost of the necessary public improvements for which Property Owner is
responsible remains unpaid for ninety (90) days following notice of completion of such improvements,
Property Owner hereby requests and consents to the assessment of the cost of the repairs against the
Property. Property Owner hereby waives the requirement of a prior finding by the city council that thecondition of the public improvements constitutes a nuisance and the requirement of prior notice.
Property Owner consents to the repair and assessment of the costs of the repairs to the Property.
4. Property Owner shall indemnify and hold the City harmless from and against any and all
occurrences, claims, demands, causes of action, liability and loss of any kind and nature whatsoever and
which is brought by any party and arises from whatever source of law, together with related costs and
expenses, relating to or arising, either from the installation of water service or fire service lines.
Property Owner specifically waives all claims against City for damages or injuries to persons or property
as a result of the installation of any water service line or fire service line during this project. Property
Owner acknowledges the City has no responsibility for the ongoing maintenance and repair of the water
service line and/ or fire service line located on the Property and the City assumes no responsibility
therefore under the terms of this Agreement. The preceding sentences shall not apply to loss, injury,
death or damage arising because of the direct negligence of City, or its employees.
Section 2. Obligations of the City.
1. City shall cause the repair or replacement of the water line or fire service line as
requested by Property Owner. City shall permit Property Owner to utilize the city' s contractor, or its
designated sub- contractor for the installation of any water service or fire service line to its building.
2. City assumes no liability regarding the installation of the water line or fire service line asneeded.
2
3. City shall notify Property Owner of the date of completion of the requested water line
and/ or fire service line.
4. In the event the cost of said repairs remains unpaid for a period of ninety( 90) days
following notice by the City of completion, the City will assess the cost of such repairs to Property as
permitted by Iowa Code Sections 364. 12 and 364. 13- 13B and in accordance with the proceduresprovided under Iowa Code Chapter 384, Division IV.
Section 3. Miscellaneous.
1. This agreement is not intended by the parties to be a partnership or joint venture of any
kind. Neither does this Agreement create any form of an agency relationship between the parties.
Neither party shall have the authority to represent or speak for the other, without the express written
prior consent of the other, which shall be approved by the governing council. Neither party shall
assume any of the debts or liabilities of the other and nothing in this Agreement or otherwise shall
constitute any such agreement or be construed as an obligation on the part of either party to pay the
debts or other obligations of the other.
2. This Agreement constitutes the entire Agreement between the parties and shall not be
considered modified, altered, or amended in any respect unless in writing and signed by the parties.
3. This Agreement shall be governed by the laws of the State of Iowa.
4. If for any reason any provision of this Agreement shall be deemed invalid, illegal or
unenforceable, in whole or in part, the validity and effect of all other provisions shall not be changed.
5. The terms of this Agreement shall be binding upon Property Owner, and upon PropertyOwner' s heirs, personal representatives, successors in title, and assigns.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the date and year first hereinabove
written.
CITY OF OTTUMWA, IOWA Property Owner
Mayor Tom X. Lazio Kelly Reed R al Estate LC
ATTEST:
NitdcWrifChristina Reinhard, City Clerk
3
STATE OF IOWA
SS.
WAPELLO COUNTY )
On thisY day of 741 1 , 2019, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Tom X. Lazio and Christina Reinhard, to
me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Ottumwa, Iowa, a Municipality, created and existing under the laws of the
State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and
that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipality by it voluntarily executed.t KATY KING
A.
st Commission Number 801361CC II..
My Commission Expires J
io,,,r. January 25, 2020Notary Public i lid for said ; ate
STATE OF IOWA
SS.
WAPELLO COUNTY )
On this lq>ii day of ),t ) 6f , 2019, before me, /), z I p11
personally appeared, to me per onally known, who being by me duly( sworn dr a rmed) did say thatsaid instrument was signed as the voluntary act and ed of said Property Owner.
6(q..,(W<A4/1/ 4i...eyo ary Public in and for said Stat
laSF, ALICIA L. BANKSON9 Commission Num erpp146583
00._-:.My Cof
As4o re
is4
AGREEMENT AND CONSENT TO LIEN FOR WATER SERVICE COSTS
This Agreement, is made and entered into this ' day of 2019, by andbetween Kelly Reed Real Estate, LC, ( hereinafter referred to as " Propert Owner") and the City of
Ottumwa, Iowa, ( hereinafter referred to as the " City").
RECITALS
WHERAS, the City is organized and established as a municipal corporation pursuant to the Code
of Iowa; and
WHEREAS, Property Owner is the record titleholder of real estate within the city located at:324 E. Main Street, (" the Property"): and
WHEREAS, the City is initiating the Ottumwa Main Street Improvement Project, known as the
Streetscape Project (" Project") for the full width, full depth concrete reconstruction of the 100, 200 and
300 blocks of East Main Street, in Ottumwa, Iowa; and
WHEREAS, the Project includes new water mains, new sanitary sewer lines and sewer laterals,
new storm sewers and new sidewalks in this 3- block area of East Main Street; and
WHEREAS, pursuant to applicable governing City ordinances and resolutions of the City' s water
utility board of trustees, property owners are responsible for the maintenance and improvement ofwater service lines and fire services lines; and
WHEREAS, the Project may require certain abutting property owners to install new water service
lines from the stop box to that owner' s water meter to comply with applicable state, federal, and local
laws concerning water quality; and
WHEREAS, the Project will also require certain abutting property owners to install fire services
lines as needed for the purpose of creating residential units in buildings; and
WHEREAS, the costs of new water service lines and the possible installation of necessary fireservice lines are necessary public improvements which are the responsibility of Property Owner; and
WHEREAS, Property Owner desires the completion of the repair and replacement of the
necessary public improvements and intends to waive the requirement of a prior finding by the OttumwaCity Council that the condition of the improvements constitutes a nuisance and the requirement of priornotice; and
WHEREAS, Property Owner hereby consents to the repair of the public improvements by theCity and the assessment of the cost of the repair to the Property.
1
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Obligations of Property Owner:
1. Property Owner shall, within 10 days of the execution of this Agreement, make payment
arrangements for the necessary public improvements. The cost will be the sole responsibility of the
Property Owner. The cost may be paid in full without interest directly to the City or the City' s
contractor prior to work on the necessary public improvements for which Property Owner isresponsible.
2. Property Owner specifically consents to the installation of the water service line and/ or
fire service line as needed, at the property owner' s cost.
3. If the cost of the necessary public improvements for which Property Owner is
responsible remains unpaid for ninety (90) days following notice of completion of such improvements,
Property Owner hereby requests and consents to the assessment of the cost of the repairs against the
Property. Property Owner hereby waives the requirement of a prior finding by the city council that the
condition of the public improvements constitutes a nuisance and the requirement of prior notice.
Property Owner consents to the repair and assessment of the costs of the repairs to the Property.
4. Property Owner shall indemnify and hold the City harmless from and against any and all
occurrences, claims, demands, causes of action, liability and loss of any kind and nature whatsoever and
which is brought by any party and arises from whatever source of law, together with related costs and
expenses, relating to or arising, either from the installation of water service or fire service lines.
Property Owner specifically waives all claims against City for damages or injuries to persons or property
as a result of the installation of any water service line or fire service line during this project. Property
Owner acknowledges the City has no responsibility for the ongoing maintenance and repair of the water
service line and/ or fire service line located on the Property and the City assumes no responsibility
therefore under the terms of this Agreement. The preceding sentences shall not apply to loss, injury,
death or damage arising because of the direct negligence of City, or its employees.
Section 2. Obligations of the City.
1. City shall cause the repair or replacement of the water line or fire service line as
requested by Property Owner. City shall permit Property Owner to utilize the city' s contractor, or its
designated sub- contractor for the installation of any water service or fire service line to its building.
2. City assumes no liability regarding the installation of the water line or fire service line asneeded.
2
3. City shall notify Property Owner of the date of completion of the requested water line
and/ or fire service line.
4. In the event the cost of said repairs remains unpaid for a period of ninety( 90) days
following notice by the City of completion, the City will assess the cost of such repairs to Property as
permitted by Iowa Code Sections 364.12 and 364. 13- 13B and in accordance with the procedures
provided under Iowa Code Chapter 384, Division IV.
Section 3. Miscellaneous.
1. This agreement is not intended by the parties to be a partnership or joint venture of any
kind. Neither does this Agreement create any form of an agency relationship between the parties.
Neither party shall have the authority to represent or speak for the other, without the express written
prior consent of the other, which shall be approved by the governing council. Neither party shall
assume any of the debts or liabilities of the other and nothing in this Agreement or otherwise shall
constitute any such agreement or be construed as an obligation on the part of either party to pay thedebts or other obligations of the other.
2. This Agreement constitutes the entire Agreement between the parties and shall not be
considered modified, altered, or amended in any respect unless in writing and signed by the parties.
3. This Agreement shall be governed by the laws of the State of Iowa.
4. If for any reason any provision of this Agreement shall be deemed invalid, illegal or
unenforceable, in whole or in part, the validity and effect of all other provisions shall not be changed.
5. The terms of this Agreement shall be binding upon Property Owner, and upon PropertyOwner' s heirs, personal representatives, successors in title, and assigns.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the date and year first hereinabove
written.
CITY OF OTTUMWA, IOWA Property Owner
2KMayor Tom X. Lazio Kelly Reed Reall state LC
ATTEST:
Ntlithaet-4‘Li
Christina Reinhard, City Clerk
3
STATE OF IOWA
SS.
WAPELLO COUNTY )
On this aCtday of b 2019, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Tom X. Lazio and Christina Reinhard, to
me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Ottumwa, Iowa, a Municipality, created and existing under the laws of the
State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and
that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipality by it voluntarily executed.
4coKATY KING
t Commission Number 801361J A . My Commission Expires r, 1 iroar January 25, 2020
Notary Public '‘ knd for sai. i.tate
STATE OF IOWA
SS.
WAPELLO COUNTY )
7
On this ieVil day of , 7 2019, before me, ie /i 3eedpersonally appeared, to me pers. na known, who being by me duly( sworn or affirmed) did say that
said instrument was signed as the voluntary act and/ eed of said Property Owner.
y-ill-
q. zoo?
No ry /Public in and for said State/
PAL yi, ALICIA L. BANKSONi :Commission Number 146583
My Corn/ niirjtExirei0 vitt- J// - 4-i
4
AGREEMENT AND CONSENT TO LIEN FOR WATER SERVICE COSTS
This Agreement, is made and entered into this 01dayof SQc}LIhlYP, 2019, by andbetween Ottumwa Market on Main, LLC, ( hereinafter referred to as " Property Owner") and the City of
Ottumwa, Iowa, ( hereinafter referred to as the " City").
RECITALS
WHERAS, the City is organized and established as a municipal corporation pursuant to the Code
of Iowa; and
WHEREAS, Property Owner is the record titleholder of real estate within the city located at:
327 E. Main Street, (" the Property"): and
WHEREAS, the City is initiating the Ottumwa Main Street Improvement Project, known as the
Streetscape Project(" Project") for the full width, full depth concrete reconstruction of the 100, 200 and
300 blocks of East Main Street, in Ottumwa, Iowa; and
WHEREAS, the Project includes new water mains, new sanitary sewer lines and sewer laterals,
new storm sewers and new sidewalks in this 3- block area of East Main Street; and
WHEREAS, pursuant to applicable governing City ordinances and resolutions of the City' s water
utility board of trustees, property owners are responsible for the maintenance and improvement ofwater service lines and fire services lines; and
WHEREAS, the Project may require certain abutting property owners to install new water service
lines from the stop box to that owner' s water meter to comply with applicable state, federal, and local
laws concerning water quality; and
WHEREAS, the Project will also require certain abutting property owners to install fire services
lines as needed for the purpose of creating residential units in buildings; and
WHEREAS, the costs of new water service lines and the possible installation of necessary fire
service lines are necessary public improvements which are the responsibility of Property Owner; and
WHEREAS, Property Owner desires the completion of the repair and replacement of the
necessary public improvements and intends to waive the requirement of a prior finding by the OttumwaCity Council that the condition of the improvements constitutes a nuisance and the requirement of prior
notice; and
WHEREAS, Property Owner hereby consents to the repair of the public improvements by theCity and the assessment of the cost of the repair to the Property.
1
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Obligations of Property Owner:
1. Property Owner shall, within 10 days of the execution of this Agreement, make payment
arrangements for the necessary public improvements. The cost will be the sole responsibility of theProperty Owner. The cost may be paid in full without interest directly to the City or the City' s
contractor prior to work on the necessary public improvements for which Property Owner isresponsible.
2. Property Owner specifically consents to the installation of the water service line and/ or
fire service line as needed, at the property owner' s cost.
3. If the cost of the necessary public improvements for which Property Owner is
responsible remains unpaid for ninety( 90) days following notice of completion of such improvements,
Property Owner hereby requests and consents to the assessment of the cost of the repairs against the
Property. Property Owner hereby waives the requirement of a prior finding by the city council that thecondition of the public improvements constitutes a nuisance and the requirement of prior notice.
Property Owner consents to the repair and assessment of the costs of the repairs to the Property.
4. Property Owner shall indemnify and hold the City harmless from and against any and all
occurrences, claims, demands, causes of action, liability and loss of any kind and nature whatsoever and
which is brought by any party and arises from whatever source of law, together with related costs and
expenses, relating to or arising, either from the installation of water service or fire service lines.
Property Owner specifically waives all claims against City for damages or injuries to persons or property
as a result of the installation of any water service line or fire service line during this project. Property
Owner acknowledges the City has no responsibility for the ongoing maintenance and repair of the water
service line and/ or fire service line located on the Property and the City assumes no responsibilitytherefore under the terms of this Agreement. The preceding sentences shall not apply to loss, injury,
death or damage arising because of the direct negligence of City, or its employees.
Section 2. Obligations of the City.
1. City shall cause the repair or replacement of the water line or fire service line as
requested by Property Owner. City shall permit Property Owner to utilize the city' s contractor, or its
designated sub- contractor for the installation of any water service or fire service line to its building.
2. City assumes no liability regarding the installation of the water line or fire service line asneeded.
2
3. City shall notify Property Owner of the date of completion of the requested water lineand/ or fire service line.
4. In the event the cost of said repairs remains unpaid for a period of ninety( 90) days
following notice by the City of completion, the City will assess the cost of such repairs to Property as
permitted by Iowa Code Sections 364.12 and 364. 13- 13B and in accordance with the procedures
provided under Iowa Code Chapter 384, Division IV.
Section 3. Miscellaneous.
1. This agreement is not intended by the parties to be a partnership or joint venture of any
kind. Neither does this Agreement create any form of an agency relationship between the parties.
Neither party shall have the authority to represent or speak for the other, without the express written
prior consent of the other, which shall be approved by the governing council. Neither party shall
assume any of the debts or liabilities of the other and nothing in this Agreement or otherwise shall
constitute any such agreement or be construed as an obligation on the part of either party to pay thedebts or other obligations of the other.
2. This Agreement constitutes the entire Agreement between the parties and shall not be
considered modified, altered, or amended in any respect unless in writing and signed by the parties.
3. This Agreement shall be governed by the laws of the State of Iowa.
4. If for any reason any provision of this Agreement shall be deemed invalid, illegal or
unenforceable, in whole or in part, the validity and effect of all other provisions shall not be changed.
5. The terms of this Agreement shall be binding upon Property Owner, and upon PropertyOwner' s heirs, personal representatives, successors in title, and assigns.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the date and year first hereinabove
written.
CITY OF OTTUMWA, IOWA Prop Owner
K ra4Mayor Tom X. Lazio Ottumwa arket on Main, LLC
ATTEST:
Christina Reinhard, City Clerk
3
STATE OF IOWA
SS.
WAPELLO COUNTY )
On this 31 C)\ day of e V e.ir ,2019, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Tom X. Lazio and Christina Reinhard, to
me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Ottumwa, Iowa, a Municipality, created and existing under the laws of the
State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and
that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipality by it voluntarily executed.
oso l KATY KINGCommission Number 801361 y ' I
My Commission Expiresr January 25, 2020 Notary Public inla or said to
STATE OF IOWA
SS.
WAPELLO COUNTY )
On thislq'thday of 2019, before me, I/ L. ' LlS 6-personally appeared, to me personall nown, who being by me duly( sworn or affirmed) did say thatsaid instrument was signed as the voluntary act d deed of said Property Owner.
47
Lek,0.44.0.A.:„.
Notary Public in and for said State
dP ` SF MADONNA R. FISHERi Commission Number 810915My Commissioaresow nExJune5, 20
4
AGREEMENT AND CONSENT TO LIEN FOR WATER SERVICE COSTS
This Agreement, is made and entered into this 3 day of * k/hlOLt, 2019, by andbetween Ottumwa Market on Main, LLC, ( hereinafter referred to as" Property Owner") and the City ofOttumwa, Iowa, ( hereinafter referred to as the " City").
RECITALS
WHERAS, the City is organized and established as a municipal corporation pursuant to the Code
of Iowa; and
WHEREAS, Property Owner is the record titleholder of real estate within the city located at:331 E. Main Street, (" the Property"): and
WHEREAS, the City is initiating the Ottumwa Main Street Improvement Project, known as the
Streetscape Project (" Project") for the full width, full depth concrete reconstruction of the 100, 200 and
300 blocks of East Main Street, in Ottumwa, Iowa; and
WHEREAS, the Project includes new water mains, new sanitary sewer lines and sewer laterals,
new storm sewers and new sidewalks in this 3- block area of East Main Street; and
WHEREAS, pursuant to applicable governing City ordinances and resolutions of the City' s water
utility board of trustees, property owners are responsible for the maintenance and improvement of
water service lines and fire services lines; and
WHEREAS, the Project may require certain abutting property owners to install new water service
lines from the stop box to that owner' s water meter to comply with applicable state, federal, and local
laws concerning water quality; and
WHEREAS, the Project will also require certain abutting property owners to install fire services
lines as needed for the purpose of creating residential units in buildings; and
WHEREAS, the costs of new water service lines and the possible installation of necessary fire
service lines are necessary public improvements which are the responsibility of Property Owner; and
WHEREAS, Property Owner desires the completion of the repair and replacement of the
necessary public improvements and intends to waive the requirement of a prior finding by the OttumwaCity Council that the condition of the improvements constitutes a nuisance and the requirement of priornotice; and
WHEREAS, Property Owner hereby consents to the repair of the public improvements by theCity and the assessment of the cost of the repair to the Property.
1
NOW, THEREFORE, IT IS HEREBY AGREED AS FOLLOWS:
Section 1. Obligations of Property Owner:
1. Property Owner shall, within 10 days of the execution of this Agreement, make payment
arrangements for the necessary public improvements. The cost will be the sole responsibility of the
Property Owner. The cost may be paid in full without interest directly to the City or the City' s
contractor prior to work on the necessary public improvements for which Property Owner isresponsible.
2. Property Owner specifically consents to the installation of the water service line and/ or
fire service line as needed, at the property owner' s cost.
3. If the cost of the necessary public improvements for which Property Owner is
responsible remains unpaid for ninety( 90) days following notice of completion of such improvements,
Property Owner hereby requests and consents to the assessment of the cost of the repairs against the
Property. Property Owner hereby waives the requirement of a prior finding by the city council that thecondition of the public improvements constitutes a nuisance and the requirement of prior notice.
Property Owner consents to the repair and assessment of the costs of the repairs to the Property.
4. Property Owner shall indemnify and hold the City harmless from and against any and all
occurrences, claims, demands, causes of action, liability and loss of any kind and nature whatsoever and
which is brought by any party and arises from whatever source of law, together with related costs and
expenses, relating to or arising, either from the installation of water service or fire service lines.
Property Owner specifically waives all claims against City for damages or injuries to persons or property
as a result of the installation of any water service line or fire service line during this project. Property
Owner acknowledges the City has no responsibility for the ongoing maintenance and repair of the water
service line and/ or fire service line located on the Property and the City assumes no responsibility
therefore under the terms of this Agreement. The preceding sentences shall not apply to loss, injury,
death or damage arising because of the direct negligence of City, or its employees.
Section 2. Obligations of the City.
1. City shall cause the repair or replacement of the water line or fire service line as
requested by Property Owner. City shall permit Property Owner to utilize the city' s contractor, or itsdesignated sub-contractor for the installation of any water service or fire service line to its building.
2. City assumes no liability regarding the installation of the water line or fire service line asneeded.
2
3. City shall notify Property Owner of the date of completion of the requested water line
and/ or fire service line.
4. In the event the cost of said repairs remains unpaid for a period of ninety( 90) days
following notice by the City of completion, the City will assess the cost of such repairs to Property as
permitted by Iowa Code Sections 364. 12 and 364. 13- 13B and in accordance with the procedures
provided under Iowa Code Chapter 384, Division IV.
Section 3. Miscellaneous.
1. This agreement is not intended by the parties to be a partnership or joint venture of any
kind. Neither does this Agreement create any form of an agency relationship between the parties.
Neither party shall have the authority to represent or speak for the other, without the express written
prior consent of the other, which shall be approved by the governing council. Neither party shall
assume any of the debts or liabilities of the other and nothing in this Agreement or otherwise shall
constitute any such agreement or be construed as an obligation on the part of either party to pay thedebts or other obligations of the other.
2. This Agreement constitutes the entire Agreement between the parties and shall not be
considered modified, altered, or amended in any respect unless in writing and signed by the parties.
3. This Agreement shall be governed by the laws of the State of Iowa.
4. If for any reason any provision of this Agreement shall be deemed invalid, illegal or
unenforceable, in whole or in part, the validity and effect of all other provisions shall not be changed.
5. The terms of this Agreement shall be binding upon Property Owner, and upon PropertyOwner' s heirs, personal representatives, successors in title, and assigns.
IN WITNESS WHEREOF, we have hereunto set our hands and seals the date and year first hereinabove
written.
CITY OF OTTUMWA, IOWA Prop y Owne
6749irs.
ItMayor Tom X. Lazio
et
Ottumwa Market on Main, LLC
ATTEST:
N/tdSt—P,a2_tettDL)Christina Reinhard, City Clerk
3
STATE OF IOWA
SS.
WAPELLO COUNTY )
On this3r C day of Stp\--VAQ.Ar ,
2019, before me, the undersigned, a
Notary Public in and for the State of Iowa, personally appeared Tom X. Lazio and Christina Reinhard, to
me personally known, who, being by me duly sworn, did say that they are the Mayor and City Clerk,
respectively, of the City of Ottumwa, Iowa, a Municipality, created and existing under the laws of the
State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said Municipality, and
that said instrument was signed and sealed on behalf of said Municipality by authority and resolution of
its City Council and said Mayor and City Clerk acknowledged said instrument to be the free act and deed
of said Municipality by it voluntarily executed.
KATY KING
o14a
Commission Number 801361ene
My Commission Expires Ve:
too. January 25, 2020Notary Public i nd for said ate
STATE OF IOWA
SS.
WAPELLO COUNTY )
1lOn this/ 9,41 day of 4d't , 2019, before me, t' l- en ci . Ilid
personally appeared, to me personally known, who being by me duly (sworn or affirmed) did say that
said instrument was signed as the voluntary act and deed of said Property Owner.
45-71.1465-7fry.40...) 4,....4-,---A4A--‘
Notary Public in and for said State
IAw .,L, MADONNA R. FISHER
f Commission Number 810915My Commission Expires
June5, 20 24
4
Item No. G.- 1 .
CITY OF OTTUMWA
Ur 29 •''G I
2 t ikStaffSummary
ACTION ITEM **
Council Meeting of: September 3, 2019
Alicia Bankson
Pre, ared B
Engineering DepartmentDepartment partment Head
4-'72(City Adminis a r Approval
AGENDA TITLE: Resolution# 192-2019. Approving the Plans, Specifications, Form of Contract andEstimated Cost for 2020 Roofing Improvements Rebid Project.
X ** Public hearing required if this box is checked. X **The Proof of Publication for each Public Hearing must beattached to this Staff Summar If the Proof of Publication is
not attached. the item will not be placed on the agenda.**
RECOMMENDATION: Pass and adopt Resolution# 192- 2019.
DISCUSSION: This project will entail furnishing all labor, materials and equipment to remove existingand install new roofing systems on the Water Pollution Control Maintenance Roof, Water Pollution ControlAirport Pump Station Roof, and Fire Station No. 1 Dormitory Roof. New system to be installed includesrigid tapered insulation and single ply membrane qualifying for a 20-year no dollar limit material and laborwater tightness system warranty.
Bids will be received and opened by the City of Ottumwa on September 25, 2019 at 2: 00 pm. The bid
report and bid award recommendation will be presented at the City Council meeting on October 1, 2019 orat a later date as determined by staff. Actual work on this project could begin on or about November 4,2019 with the installation complete by May 15, 2020.
Engineer's Opinion of Cost: $ 107, 000.00.
WPCF Maintenance Roof 45, 000.00
WPCF Airport Pump Station $ 17, 000.00
Fire Station No. 1 Dormitory $ 45, 000.00
Source of Funds: Fire: $ 99, 000 CIP Funds Budgeted Item: Yes Budget Amendment Needed: No
WPCF: $ 70,000
RESOLUTION# 192-2019
A RESOLUTION APPROVING THE PLANS, SPECIFICATIONS, FORM OF CONTRACT,
AND ESTIMATED COST FOR THE 2020 ROOFING IMPROVEMENTS RE-BID PROJECT
WHEREAS, The City Council of the City of Ottumwa, Iowa has conducted a public hearing on theplans, specifications, form of contract, and estimated cost for the above referenced
project; and,
WHEREAS, No objections to the said plans, specifications, form of contract and estimated cost were
received.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF OTTUMWA,
IOWA THAT: The plans, specifications, form of contract, and estimated cost for the above referenced
project are hereby approved and adopted.
APPROVED, PASSED, AND ADOPTED, this3rd
day of September 2019.
CIT . ' G • 14 Is WA
A4406-idNikt
Matt Dalbey, May. Pro Tem
ATTEST:
PC,Lki-Ctkij
Christina Reinhard, City Clerk
PROOF OF PUBLICATIONSTATE OF IOWA
WAPELLO COUNTY
I, Ron Gutierrez, being duly sworn on my oath, say I am the Publisher of the Ottumwa Courier, a newspaper printed insaid Wapello County, Iowa and of general circul. the - in, a d hat the advertisement
2020 Roofing Improvement
City of Ottumwahereto attached was
published in said newspaper for 1 consecutivweeks to : 8/ 23/ 19 Subscribed and sworn tobefore me, and in my presence, by the said 23rd day of August , 2019
TRACI COUNTERMAN IG' EfriZileCommission Number 786024
My Commission ExpiresSeptember 29, 2020 Notary Public
In and for Wapello CountyPrinter' s fee $ 22. 57
COPY OF ADVERTISMENTSECTION 00010 NOTICE OFPUBLIC` HEARING The CityCouncil of Ottumwa, Iowa, willhold a public hearing on the pro-posed Plans and Specifications,form of contract and estimate ofcost for the construction of saidimprovements described in gen-eral as 2020 RoofingImprovement Project, Ottumwa,Iowa" at 5::30 o' clock p. m. on the3rd of September, 2019, in theCouncil Chambers, City Hall,Ottumwa, Iowa. At said hearingany interested person mayappear and file objections there-to- or to the cost of the improve-ments. At the hearing, the Citywill receive and consider anyobjections made by any inter-ested party, to the Plans andSpecifications, proposed form ofContract, and the estimate ofcost for the project. The work tobe done is as follows: Furnishall labor, materials and equip-ment to remove existing roofingsystems on the Water PollutionControl Maintenance Roof,Water Pollution Control AirportPump Station Roof, and FireStation No. 1 Dormitory Roof.New roofing systems to beinstalled shall include taperedinsulation and single ply mem-brene qualifying for,a 20-year nodollar limit labor and materialwater tightness system warran-ty.-All work and materials are tobe in strict compliance with thePlans and Specifications pre-pared by the City of OttumwaEngineering Department whichtogether with the proposed formof contract and estimate of costhave heretofore been approved
i]
by the City and are now on filepPtc
Y" Ofor public
oft
ex
lerk, annd
in the
tt ,
office the Clerk, and are byf this reference made a part here-
of as though fully set out andVo t ` incorporated herein, CITY OFv OTTUMWA,' IOWA By: Tom X.
e br Lazio, Mayor ATTEST: ChristinaReinhard, City Clerk
31/_,31iq
The Ottumwa Courier / Fr
Legal Notices
SECTION 00010 NOTICE OFPUBLIC HEARING The CityCouncil of Ottumwa, Iowa, willhold a public hearing on the pro-posed Plans and Specifications,form of contract and estimate ofcost for the construction of saidimprovements described in gen-eral as 2020 RoofingImprovement Project, Ottumwa,Iowa" at 5: 30 o' clock p. m. on the3rd of September, 2019, in theCouncil Chambers, City Hall,Ottumwa, Iowa. At said hearingany interested person mayappear and file objections there-to or to the cost of the improve-ments. At the hearing, the Citywill receive and consider anyobjections made by any inter-ested party, to the Plans andSpecifications, proposed form ofContract, and the estimate ofcost for the project. The work tobe done is as follows: Furnishall labor, materials and equip-ment to remove existing roofingsystems on the Water PollutionControl Maintenance Roof,
Water Pollution Control AirportPump Station Roof, and FireStation No. 1 Dormitory Roof.New roofing systems to beinstalled shall include taperedinsulation and single ply mem-
brane qualifying for a 20-year nodollar limit labor and materialwater tightness system warran-
ty. All work and materials are tobe in strict compliance with thePlans and Specifications pre-pared by the City of OttumwaEngineering Department whichtogether with the proposed formof contract and estimate of costhave heretofore been approvedby the City and are now on filefor public examination in theoffice of the Clerk, and are bythis reference made a part here-of as though fully set out andincorporated herein. CITY OFOTTUMWA, IOWA By: Tom X.Lazio, Mayor ATTEST: ChristinaReinhard, City Clerk
Item No. G.-2.
iS
CITY OF OTTUMWA
2" AUG 29 E.$ tallSummaryl .
ACTION ITEM **
ei
Council Meeting of: September 3, 2019
Alicia Bankson
Prepared By
Parks Department Nb. OgbeieDepartment Department Head
Ci A mi , tor Approval
AGENDA TITLE: Resolution# 193- 2019. Approving the Plans, Specifications, Form of Contract andEstimated Cost for Beach Renovations Phase 4 Shade Structures Installation
X ** Public hearing required if this box is checked. ** X **"Che Proof of Publication for each Public Hearing must beattached to this Staff Summary. If the Proof of Publication isnot attached, the item will not be placed on the agenda.**
RECOMMENDATION: Pass and adopt Resolution# 193-2019.
DISCUSSION: This project will install new designated shade structures around the outdoor pools,
complete with new concrete foundations, prefabricated steel framing and woven vinyl mesh fabric.
Bids will be received and opened by the City of Ottumwa on September 25, 2019 at 2:00 pm. The bid
report and bid award recommendation will be presented at the City Council meeting on October 1, 2019or at a later date as determined by staff. Actual work on this project will begin on or about October 21,2019 with the installation complete by May 15, 2020.
Engineer's Opinion of Cost: $ 100,000.00
Source of Funds: Bond Proceeds Budgeted Item: Yes Budget Amendment Needed: No
RESOLUTION# 193- 2019
A RESOLUTION APPROVING THE PLANS, SPECIFICATIONS, FORM OF
CONTRACT, AND ESTIMATED COST FOR THE BEACH
RENOVATIONS PHASE 4 SHADE STRUCTURES INSTALLATION
WHEREAS, The City Council of the City of Ottumwa, Iowa has conducted a public hearing on theplans, specifications, form of contract, and estimated cost for the above referencedproject; and,
WHEREAS, No objections to the said plans, specifications, form of contract and estimated cost were
received.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF OTTUMWA,
IOWA THAT: The plans, specifications, form of contract, and estimated cost for the above referenced
project are hereby approved and adopted.
APPROVED, PASSED, AND ADOPTED, this31
day of September, 2019
CIT 44.4(moMW• , 'IWA
tilrl...••
Matt Dalbey, Mayor Pro Tem
N--
ATTEST:
iUllChristina Reinhard, City Clerk
PROOF OF PUBLICATION
STATE OF IOWA
WAPELLO COUNTY
I, Ron Gutierrez, being duly sworn on my oath, say I am the Publisher of the Ottumwa Courier, a newspaper printed insaid Wapello County, Iowa and of general circulati•• and. h. t the advertisement
Notice of Public Hearing 00010 at
City of Ottumwa hereto attached was
published in said newspaper for 1 consecutive eeks to-wit: 8/ 22/ 19 Subscribed and sworn to
before me, and in my presence, by the said 22nd day of August , 2019
pP' Ats TRAG! COUNTERMANCl70/
i4or
4001:ommission Number 786024My Commission Expires
OW"
September 29, 2020 Notary Public
In and for Wapello County
Printer' s fee$ 20. 69
COPY OF ADVERTISMENT
SECTION 00010 NOTICE OFPUBLIC HEARING The CityCouncil of Ottumwa. Iowa, willhold a public hearing on the pro-posed Plans and Specifications.form of contract and estimate ofcost for the construction of saidimprovements described in gen-eral as " Beach" RenovationsPhase 4, Shade StructureInstallations, Ottumwa, Iowa" at5: 30 o' clock p. m. on September3, 2019, in theCouncil
Chambers. City Hall, Ottumwa.Iowa. At said hearing any inter-ested person may appear andfile objections thereto or to thecost of the improvements. At
the hearing, the City will receiveand consider any objectionsmade by any interested party. tothe Plans and Specifications,pioposed form of Contract, andthe estimate of cost for the pro-ject. The work to be done is asfollows: Furnish all labor, mate-rials and equipment to installnew designated shade struc-tures around the outdoor pools,complete with new concretefoundations, prefabricated steel
framing and woven vinyl meshfabric. All work and materialsare to be in strict compliancewith the Plans and
Specifications prepared by theCity of Ottumwa EngineeringDepartment which together with
the proposed form of contractand estimate of cost haveheretofore been approved bythe City and are now on fife forpublic examination in the officeof the Clerk. and are by this ref-erence made a part hereof as
though fully set out and incorpo-
0 iv- 5 rated herein. CITY OF
0) OTTUMWA, IOWA By: Tom X.Lazio, Mayor ATTEST: By:Christina Reinhard, City Clerk
Raul, P
Legal Notices
SECTION 00010 NOTICE OFPUBLIC HEARING The CityCouncil of Ottumwa, Iowa. willhold a public hearing on the pro-posed Plans and Specifications,form of contract and estimate ofcost for the construction of saidimprovements described in gen-eral as " Beach Renovations —Phase 4. Shade StructureInstallations, Ottumwa, Iowa" at5:30 o' clock p. m. on September3, 2019, in the CouncilChambers, City Hall, Ottumwa,Iowa. At said hearing any inter-ested person may appear andfile objections thereto or to thecost of the improvements. At
the hearing, the City will receiveand consider any objectionsmade by any interested party, tothe Plans and Specifications, proposed form of Contract, andthe estimate of cost for the pro-ject. The work to be done is asfollows: Furnish all labor, mate-rials and equipment to installnew designated shade struc-tures around the outdoor pools.complete with new concretefoundations. prefabricated steelframing and woven vinyl meshfabric. All work and materialsare to be in strict compliancewith the Plans and
Specifications prepared by theCity of Ottumwa EngineeringDepartment which together withthe proposed form of contractand estimate of cost haveheretofore been approved bythe City and are now on file forpublic examination in the officeof the Clerk, and are by this ref-erence made a part hereof asthough fully set out and incorpo-rated herein. CITY OFOTTUMWA, IOWA By: Tom X.Lazio, Mayor ATTEST: By:Christina Reinhard, City Clerk
Item No. H.- 1 .
CITY OF OTTUMWA
2rAUr 29 t•' 11: SiStaff Summary
ACTION ITEM **
Council Meeting of: September 3, 2019
Alicia Bankson
Prepared By
Engineering DepartmentDepartment
an)
D1:)artment Head
43-
Kty7/
Admi ' strat• • pproval
AGENDA TITLE: Resolution# 183- 2019. Awarding the contract for the Bridge View Center PCCPrecast Panel Repair.
Public hearing required ifthis box is checked.** The Proof of Publication for each Public Hearing must heattached to this Staff Summar. If the Proof of Publication is
not attached. the item will not he placed on the agenda.**
RECOMMENDATION: Pass and adopt Resolution# 183- 2019.
DISCUSSION: The project will consist of routing all cracks in the PCC Precast Panels and fill with epoxy;remove rust spots; clean and apply clear water repellent to all panels; all comprise the project base bid.Install new fabricated steel ladders at designated locations comprise add alternate bids # 1 and # 2. Clean
and apply waterproof coating to designated parapet walls and recaulk designated coping stones comprisesadd alternate# 3.
Bids were received and opened by the City of Ottumwa on August 14, 2019 at 2: 00 p.m. The project wasadvertised on the City' s and Master Builder' s of Iowa website. Eight( 8) sets of plans were either sent outor downloaded from the City website, and three ( 3) bids were received. The low bidder is Merit
Construction Services of Farmington, Minnesota, Iowa. Staff recommends awarding the contract to Meritfor the base bid only in the amount of$ 153, 450.00.
Upon Council approval of the contract, bonds and insurance, staff will work and discuss value engineeringideas with Merit.
Engineer's Opinion of Cost: $ 130, 000.00
Plan holders' list and bid tab are attached.
Source of Funds: CIP Bond: $ 130, 000 Budgeted Item: Yes Budget Amendment Needed: No
RESOLUTION# 183- 2019
A RESOLUTION AWARDING THE CONTRACT FOR THE
BRIDGE VIEW CENTER PCC PRECAST PANEL REPAIR
WHEREAS, The City Council of the City of Ottumwa, Iowa did advertise and accept bids for the abovereferenced project; and,
WHEREAS, Bids were received, proper, and mathematically correct.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF OTTUMWA,
IOWA THAT: The award of contract for the above referenced project is made to the lowest responsible
bidder, Merit Construction Services of Farmington, Minnesota in the amount of$ 153, 450.00.
APPROVED, PASSED, AND ADOPTED, this 3`dday of September, 2019.
CITY e , lei; . ,i WAillA
fi,f frt4h tiir
Matt Dalbey, Mayor ' ro Tem
ATTEST:
Cfruitiu Rutittuk....)Christina Reinhard, City Clerk
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Item No. H.-2.
L
CITY OF OTT YMWA.A:' t:: 19
Staff Summa
ACTION ITEM **
Council Meeting of: Sep 3, 2019
Jody GatesPrepared By
Health & Inspections Kevin C FlanagaDepartment Department Head
I 1J f
City Administra or Approval
AGENDA TITLE: Resolution No. 187 - 2019, a resolution by the Ottumwa City Councilfixing an amount for abating a nuisance against certain lots in the City ofOttumwa, Iowa
1 1 The Pr° cl° f Publlcab° n lar eacM1 P° bllC Hearing muet ba atlacM1eE t° rhla
Public hearing required if this box is checked.**
RECOMMENDATION: Pass and adopt Resolution No. 187 - 2019
DISCUSSION: The City abated nuisances on the properties on this resolution.Abatement costs were subsequently billed to the properties and theamounts on this resolution remain unpaid and will be assessed to the real
estate taxes. There are 5: nuisance clean ups on the resolution totaling3, 425. 13
Source of Funds: 001- 3- 341- 6499 Budgeted Item: n Budget Amendment Needed:
RESOLUTION NO. 187 — 2019
A RESOLUTION BY THE OTTUMWA CITY COUNCIL FIXING AN AMOUNT FOR ABATING A
NUISANCE AGAINST CERTAIN LOTS IN THE CITY OF OTTUMWA, IOWA
WHEREAS, the nuisances existing on properties located at 718 N. Ash, 133 S. Elm, 114 S.Market, 133 Minnesota and 422 S. Ward were abated by the City of Ottumwa; and
WHEREAS, the Code of Iowa, Section 364. 12, allows the City Council to assess costs ofabating nuisances against real estate taxes in the same manner as the property tax; and
WHEREAS, said costs are as follows:
1. 718 N. Ash — legal description — Lot 14 in Cooper Addition in the City of Ottumwa, WapelloCounty, Iowa, owners Jack and Barbara Freed and the nuisance abatement costs are
1, 500. 00 — Parcel No. 007410330023000
2. 133 S. Elm — legal description — Lot 11 Block 2 in Janney Addition in the City of OttumwaWapello County, Iowa, owner Harold Kempf LE and Jeannie Dye and the nuisanceabatement costs are $ 347. 50 — Parcel # 007410830032000
3. 114 S. Market — legal description —the Northeast 25 feet of the Northwest 64 feet of Lot 292
in block 22 in the Original Plat of the City of Ottumwa, Wapello County, Iowa, owner BretGeiger and the nuisance abatement costs are $ 390.25 — Parcel # 007411240263000
4. 133 Minnesota — legal description — Lot 36 in Coupland' s Addition in the City of Ottumwa,Wapello County, Iowa, owners Christopher and Amanda Valent and the nuisance abatementcosts are $ 591. 25 — Parcel # 007416300036000
5. 422 S. Ward — legal description — Lot 57 in Leighton & Bannister' s Second Addition in the
City of Ottumwa, Wapello County, owner Rita McNeal and the nuisance abatement costs are596. 13 — Parcel # 007416650028000
NOW, THEREFORE BE IT RESOLVED THAT the foregoing amounts are assessed against therespective properties as set forth hereinabove.
Passed and adopted this 3rd
day of September 2019
City of Ottumwa, Iowa
ATTEST:
Itilla16. .60)
jjMattDalbey, Mayor Pro Tem
Christina Reinhard, City Clerk
Item No. H.-3 .za t a
2D19AUG 29 I: L CITY OF OTTUMWA
Staff SummaryACTION ITEM **
Council Meeting of: Sep 3, 2019
Kevin C. Flanagan
Prepared By
Planning & Development Kevin C. FlanaganDepartment Department Head
City Admi ator Approval
AGENDA TITLE: Resolution No. 189-2019 a resolution approving and authorizing executionof a First Amendment to the agreement for private development by andbetween the City of Ottumwa and 312 East Alta Vista Partnership, LLLP
pi **Public hearing required if this box is checked.**
RECOMMENDATION: Pass and adopt Resolution No. 189-2019
DISCUSSION: This resolution will cure our developer's default in our Development
Agreement (DA) with Blackbird, regarding our mixed-density developmenton the site of our former hospital. The former date for completion of
demolition was Sept. 1, 2018 and it is now December 15, 2019. The
former date for project completion was December 31, 2023 and it is now
December 31, 2024. These are the only changes to our previous DA, withour rebate schedule remaining
Source of Funds: Budgeted Item: Budget Amendment Needed:
unchanged. This will likely mean that the initial 2 years of the schedule will have partial assessmentresults rather than just the first year and will bring an overall savings to the City on the rebate totalat DA maturation.
ITEM TO INCLUDE ON AGENDA
CITY OF OTTUMWA, IOWA
September 3, 2019
5: 30 P. M.
312 East Alta Vista Partnership, LLLP
Resolution approving and authorizing execution of a First Amendment to the Agreementfor Private Development by and between the City of Ottumwa and 312 East Alta VistaPartnership, LLLP
IMPORTANT INFORMATION
1. The above agenda items should be included, along with any other agenda items, in themeeting agenda. The agenda should be posted on a bulletin board or other prominentplace easily accessible to the public and clearly designated for that purpose at theprincipal office of the body holding the meeting. If no such office exists, the notice mustbe posted at the building in which the meeting is to be held.
2. If you do not now have a bulletin board designated as above mentioned, designate one
and establish a uniform policy of posting your notices ofmeeting and tentative agenda.
3. Notice and tentative agenda must be posted at least 24 hours prior to the commencement
of the meeting.
NOTICE MUST BE GIVEN PURSUANT TO IOWA CODE
CHAPTER 21 AND THE LOCAL RULES OF THE CITY.
September 3, 2019
The City Council of the City of Ottumwa in the State of Iowa, met in Regular
session, in the Council Chambers, City Hall, 105 E. Third Street, Ottumwa, Iowa, at 5: 30 P.M., onthe above date. There were present Mayor Pro Tern Dalbey , in the chair, and the followingnamed Council Members:
Roe, Stevens, Streeby, Berg, Dalbey
Absent: None
ii
Whereupon, Council Member Roe introduced and delivered to the
Clerk the Resolution hereinafter set out entitled ' RESOLUTION APPROVING AND
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO THE AGREEMENT FOR
PRIVATE DEVELOPMENT BY AND BETWEEN THE CITY OF OTTUMWA AND 312 EAST
ALTA VISTA PARTNERSHIP, LLLP", and moved:
1111/ that the Resolution be adopted.
to defer action on the Resolution and the proposal to the meeting to be heldat M. on the day of 2019, at
this place.
Council Member Streeby seconded the motion. The roll was called and
the vote was,
AYES: Roe, Stevens, Streeby, Berg, Dalbey
NAYS: Nore
Whereupon, the Mayor declared the measure duly adopted.
iii
RESOLUTION NO. 189- 2019
RESOLUTION APPROVING AND AUTHORIZING EXECUTION OF
A FIRST AMENDMENT TO THE AGREEMENT FOR PRIVATE
DEVELOPMENT BY AND BETWEEN THE CITY OF OTTUMWA
AND 312 EAST ALTA VISTA PARTNERSHIP, LLLP
WHEREAS, the City of Ottumwa (" City") and 312 East Alta Vista Partnership, LLLPDeveloper") previously executed an Agreement for Private Development (" Agreement") and
recorded a Memorandum of the Agreement in Book 2018 at Page 2610 in the records of the
Wapello County Recorder; and
WHEREAS, pursuant to the terms of the Original Agreement, the Developer agreed to
complete demolition on certain property within the Vogel Urban Renewal Area( the" DevelopmentProperty") and construct certain Minimum Improvements and Public Improvements thereon; and
WHEREAS, under the terms of the Original Agreement, demolition on the Development
Property was to be completed by September 1, 2018, with the Minimum Improvements and PublicImprovements constructed and completed by December 31, 2023; and
WHEREAS, various occurrences outside the control of the Developer and the City havedelayed completion of the demolition on the Development Property and commencement ofconstruction of the Minimum Improvements and Public Improvements, such that they will not becompleted by the deadlines set forth in the Original Agreement; and
WHEREAS, the City and Developer have caused a First Amendment to the Agreement tobe drafted to extend the deadlines for completion of the demolition on the Development Propertyand construction of the Minimum Improvements and Public Improvements; and
WHEREAS, the Council has determined that the First Amendment is in the best interests
of the City and the residents thereof and that the performance by the City of its obligationsthereunder is a public undertaking and purpose and in furtherance of the Vogel Urban RenewalPlan and the Urban Renewal Law and, further, that the Agreement as amended by the FirstAmendment and the City's performance thereunder is in furtherance of appropriate economicdevelopment activities and objectives of the City within the meaning of Chapters 15A and 403 ofthe Iowa Code taking into account any or all of the factors set forth therein.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF OTTUMWA IN THE STATE OF IOWA:
Section 1. That the performance by the City of its obligations under the Agreement asamended by the First Amendment be and is hereby declared to be a public undertaking and purposeand in furtherance of the Vogel Urban Renewal Plan and the Urban Renewal Law and, further,
that the Agreement as so amended and the City's performance thereunder is in furtherance ofappropriate economic development activities and objectives of the City within the meaning ofChapters 15A and 403 of the Iowa Code, taking into account the factors set forth therein.
1
Section 2. That the form and content of the First Amendment, the provisions of which are
incorporated herein by reference, be and the same hereby are in all respects authorized, approvedand confirmed, and the Mayor and the City Clerk be and they hereby are authorized, empoweredand directed to execute, attest, seal and deliver the First Amendment for and on behalf of the Cityin substantially the form and content now before this meeting, but with such changes,
modifications, additions or deletions therein as shall be approved by such officers, and that fromand after the execution and delivery of the First Amendment, the Mayor and the City Clerk arehereby authorized, empowered and directed to do all such acts and things and to execute all suchdocuments as may be necessary to carry out and comply with the provisions of the FirstAmendment as executed.
PASSED AND APPROVED this 3` dday of September, 2019
lir,Al I
140:4A11111`
01i A '
ayor Pro Tern
ATTEST:
0:11054 RethigCity Clerk
2
CERTIFICATE
STATE OF IOWA
SS
COUNTY OF WAPELLO
I, the undersigned City Clerk of the City of Ottumwa, State of Iowa, do hereby certify thatattached is a true and complete copy of the portion of the corporate records of the City showingproceedings of the City Council, and the same is a true and complete copy of the action taken bythe Council with respect to the matter at the meeting held on the date indicated in the attachment,which proceedings remain in full force and effect, and have not been amended or rescinded in anyway; that meeting and all action thereat was duly and publicly held in accordance with a notice ofmeeting and tentative agenda, a copy of which was timely served on each member of the Counciland posted on a bulletin board or other prominent place easily accessible to the public and clearlydesignated for that purpose at the principal office of the Council ( a copy of the face sheet of theagenda being attached hereto) pursuant to the local rules of the Council and the provisions ofChapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by law and with members of thepublic present in attendance; I further certify that the individuals named therein were on the datethereof duly and lawfully possessed of their respective City offices as indicated therein, that noCouncil vacancy existed except as may be stated in the proceedings, and that no controversy orlitigation is pending, prayed or threatened involving the incorporation, organization, existence orboundaries of the City or the right of the individuals named therein as officers to their respectivepositions.
WITNESS my hand and the seal of the City hereto affixed this rot day ofk19er , 2019.
tt,City Clerk, City of Ottumwa, State of Iowa
SEAL)
01624360- 1\ 10981- 140
FIRST AMENDMENT
TO THE
AGREEMENT FOR PRIVATE DEVELOPMENT
BY AND BETWEEN
THE CITY OF OTTUMWA, IOWA
AND
312 EAST ALTA VISTA PARTNERSHIP, LLLP
THIS FIRST AMENDMENT (" Amendment") to that certain Agreement for Private
Development (" Original Agreement") by and between the City of Ottumwa, Iowa(" City"), and
312 East Alta Vista Partnership, LLLP (" Developer"), dated March 20, 2018, for which a
Memorandum of Agreement also dated March 20, 2018, was recorded in the records of the
Wapello County Recorder at Book 2018, Page 2610, is made as of the 3rd day ofry2l` , 2019, between the City and the Developer.
WHEREAS, pursuant to the terms of the Original Agreement, the Developer agreed to
complete demolition on the Development Property and construct certain Minimum
Improvements and Public Improvements thereon; and
WHEREAS, under the terms of the Original Agreement, demolition on the Development
Property was to be completed by September 1, 2018, with the Minimum Improvements andPublic Improvements constructed and completed by December 31, 2023; and
WHEREAS, various occurrences outside the control of the Developer and the City havedelayed completion of the demolition on the Development Property and commencement ofconstruction of the Minimum Improvements and Public Improvements, such that they will not becompleted by the deadlines set forth in the Original Agreement; and
WHEREAS, the City and the Developer are willing to amend the terms of the OriginalAgreement to extend the deadline for completion of the demolition on the Development Propertyand construction of the Minimum Improvements and Public Improvements.
NOW THEREFORE, it is agreed by the parties:
1. Definitions. All capitalized words used herein and not specifically defined shallhave the same definitions as in the Original Agreement.
2. Public Improvements Completion Deadline. The City and the Developer herebyagree to extend the deadline for completion of the Minimum Improvements and Public
Execution Version 1
Improvements, and accordingly, Section 2.2(k) of the Original Agreement is hereby replaced inits entirety with the following:
k. The Developer expects that, barring Unavoidable Delays,
construction of the Public Improvements and Minimum Improvements shall be
complete on or before December 31, 2024.
3. Demolition Completion Deadline. The City and the Developer hereby agree toextend the deadline for completion of the demolition on the Development Property, andaccordingly, Section 4.3 of the Original Agreement is hereby replaced in its entirety with thefollowing:
Section 4.3. Repayment of Demolition Grant. If the Developer should fail to
complete demolition on the Development Property to the extent necessary to constructthe Public Improvements and Minimum Improvements, and properly remove the debris,to the City' s satisfaction, by December 15, 2019, such failure shall constitute an Event ofDefault, for which the City shall have the following available remedy, in addition to thoseremedies in Section 11. 2.
a. If the Event of Default described in this Section 4.3 occurs, the City shallbe entitled to recover from Developer, and Developer shall repay to the City, an amountequal to the full amount of the Demolition Grant previously made to Developer under thisArticle IV, with interest thereon at the highest rate permitted by State law. The City maytake any action, including any legal action it deems necessary, to recover such amountsfrom Developer.
4. Exhibit B. In order to reflect the extended timeline for construction of the
Minimum Improvements and Public Improvements, the completion date of December 31, 2023
for the Minimum Improvements and Public Improvements stated in Exhibit B of the Original
Agreement is hereby replaced with December 31, 2024.
5. No Further Modifications. Except as modified by this Amendment, all covenants,agreements, terms, and conditions of the Original Agreement shall remain in full force and effect
and are hereby in all respects ratified and affirmed.
6. Agreement to Pay Attorneys' Fees and Expenses. An amount equal to the actualcosts incurred by the City in connection with the drafting and execution of this Amendment,including, but not limited to publication fees for legal notices, actual costs associated with CityCouncil meetings, and reasonable legal fees of the City, associated with the negotiation, drafting,and authorization of this Amendment, shall be paid by the Developer to the City within thirty30) days of the City sending an invoice to the Developer for such costs.
7. Counterparts. This Amendment may be executed in two or more counterparts,each of which together shall be deemed an original, but all of which together shall constitute oneand the same instrument. In the event that any signature is delivered by facsimile transmissionor by e- mail delivery of a" pdf' format data file, such signature shall create a valid and binding
Execution Version 2
obligation of the party executing ( or on whose behalf such signature is executed) with the sameforce and effect as if such facsimile or" pdf' signature page were an original thereof.
IN WITNESS WHEREOF, the City has caused this Amendment to be duly executed inits name and behalf by its Mayor and its seal to be hereunto duly affixed and attested by its CityClerk, and Developer has caused this Amendment to be duly executed in its name and behalf byits authorized representative, all on or as of the day first above written.
Remainder ofpage intentionally left blank; signature pages follow]
Execution Version 3
SEAL) C Y OF OT , WA, IOWA
iitteBy r/! M 0
att Dalb` , M.,.'or Pro Tern
ATTEST:
By: Nit& 40.14,4tc_.„.
Chris Reinhard, City Clerk
STATE OF IOWA
SS
COUNTY OF WAPELLO )
On this Sr A day ofCEJ 2019, before me a Notary Publicin and for said State, personally appear Matt Dalbey and Chris Reinhard, to me personallyknown, who being duly sworn, did say that they are the Mayor Pro Tern and City Clerk,respectively, of the City of Ottumwa, Iowa, a Municipality created and existing under the laws ofthe State of Iowa, and that the seal affixed to the foregoing instrument is the seal of saidMunicipality, and that said instrument was signed and sealed on behalf of said Municipality byauthority and resolution of its City Council, and said Mayor Pro Tern and City Clerk acknowledgedsaid instrument to be the free act and deed of said Municipality by it voluntarily executed.
KATY KINGs
ZCommission Number 801361 Notary Publ' • and for the tate of Iowa
J CG My Commission Expirestook January 25, 2020
Signature page to First Amendment to the Agreement for Private Development— City ofOttumwa]
4Execution Version
312 EAST ALTA VISTA PARTNERSHIP, LLLP
By 312 East Alta Vista, LLC, its General Partner:
r
wBY: laIN anager
ATTEST:
By:ohn Freund, Legal Counsel
STATE OF IOWA
99SS
COUNTY OF/ a) k_On this ( TT day of / 4 col vet , 2019, before me the undersigned, a Notary
Public in and for said State, persortaily appeared Justin Doyle o me personally known, who,being by me duly sworn, did say that he is a Manager of 312 East Alta Vista, LLC, the generalpartner of 312 East Alta Vista Partnership, LLLP, and that said instrument was signed on behalfof said limited liability company and said limited liability limited partnership; and that the saidManager acknowledged the execution of said instrument to be the voluntary act and deed of saidlimited liability company and said limited liability limited partnership, by him voluntarilyexecuted.
Public in and for the State of IoowwaSTATE OF IOWA
SS JEANINE L RUTTERCOUNTY OF DVISLJQ,tier-) Omission Number 800051
My Commission Expiresow October 27, 2019
On this a day of 411er- r , 2019, before me the undersigned, a NotaryPublic in and for said State, personally appeared John Freund to me personally known, who,being by me duly sworn, did say that he is the Legal Counsel of 312 East Alta Vista, LLC, thegeneral partner of 312 East Alta Vista Partnership, LLLP, and that said instrument was signed onbehalf of said limited liability company and said limited liability limited partnership; and that thesaid Legal Counsel acknowledged the execution of said instrument to be the voluntary act anddeed of said limited liability company and said limited liability limited partnership, by himvoluntarily executed.
Din114/PAL Sara E." mend
Commission Number 776883 Notary Public in and for the State of IowaMy Commission Expires
iowS 02/ 06/ 2019
Execution Version 5
Signature page to First Amendment to the Agreementfor Private Development—312 East Alta
Vista Partnership, LLLP]01620374- 1\ 10981- 140
Execution Version 6
Item No. H.-4.
21319 AUG 29 j 7: j 1CITY OF OTTUMWAStaff Summary
O1iw`. ,ACTION ITEM **
Council Meeting of: Sep 3, 2019
Kevin C. Flanagan
Prepared By
Planning & Development Kevin C. FlanaganDepartment Department Head
f": 7
City dnii.trator Approval
AGENDA TITLE: Resolution No. 190-2019 a resolution determining the necessity and setting datesof a consultation and a public hearing on a proposed Agassiz Urban RenewalPlan for a proposed Urban Renewal Area in the City of Ottumwa, state of Iowa
n **Public hearing required if this box is checked.**
RECOMMENDATION: Pass and adopt Resolution No. 190-2019
DISCUSSION: This resolution will begin our process of establishing an Urban RenewalArea for the site of the former Agassiz School. The Agassiz URA is beingestablished to empower the City to provide rebate incentives inconjunction with tax credits applications for the development of
approximately 36 units of multi- family housing within the old school.
Source of Funds: Budgeted Item: n Budget Amendment Needed:
Developer Jim Danaher will be applying this December for the next round of tax credits from IFAand IEDA. This project and our rebate incentives will be similar to those we engaged in recently inour partnership with TWG for Washington Apartments. The process of establishing this URA willtake place over the next month and a half, with our public hearing having to be 30 days from ourinitial setting of date and time. Our consultation meeting with other public entities (school andcounty) will be on Sept. 11, 2019 at 2:00PM in Council Chambers. Mr. Danaher will be requesting a15 year TIF rebatement as an incentive for redevelopment.
ITEM TO INCLUDE ON AGENDA
CITY OF OTTUMWA, IOWA
September 3, 2019
5: 30 P.M.
Agassiz Urban Renewal Plan
Resolution determining the necessity and setting dates of a consultation and a publichearing on a proposed Agassiz Urban Renewal Plan for a proposed Urban Renewal Areain Ottumwa, State of Iowa.
IMPORTANT INFORMATION
1. The above agenda items should be included, along with any other agenda items, in themeeting agenda. The agenda should be posted on a bulletin board or other prominent placeeasily accessible to the public and clearly designated for that purpose at the principal officeof the body holding the meeting. If no such office exists, the notice must be posted at thebuilding in which the meeting is to be held.
2. If you do not now have a bulletin board designated as above mentioned, designate one andestablish a uniform policy of posting your notices of meeting and tentative agenda.
3. Notice and tentative agenda must be posted at least 24 hours prior to the commencement
of the meeting.
NOTICE MUST BE GIVEN PURSUANT TO CHAPTER 21,
CODE OF IOWA, AND THE LOCAL RULES OF THE CITY.
September 3, 2019
The City Council of the City of Ottumwa, State of Iowa, met in Regular session,
in the Council Chambers, City Hall, 105 E. 3rd Street, Ottumwa, Iowa 52501, at 5: 30 P.M., on theabove date. There were present Mayor Pro Tem Dalbey , in the chair, and the following namedCouncil Members:
Roe, Stevens, Streeby, Berg, Dalbey
Absent: None
Vacant: None
Council Member Streeby then introduced the following proposed
Resolution entitled " RESOLUTION DETERMINING THE NECESSITY AND SETTINGDATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED AGASSIZURBAN RENEWAL PLAN FOR A PROPOSED URBAN RENEWAL AREA IN THE CITY OFOTTUMWA, STATE OF IOWA", and moved that the same be adopted. Council Member
Stevens seconded the motion to adopt. The roll was called, and the vote was:
AYES: Roe, Stevens, Streeby, Berg, Dalbey
NAYS: None
Whereupon, the Mayor declared the Resolution duly adopted as follows:
ii
RESOLUTION NO. 190- 2019
RESOLUTION DETERMINING THE NECESSITY AND
SETTING DATES OF A CONSULTATION AND A PUBLICHEARING ON A PROPOSED AGASSIZ URBAN RENEWALPLAN FOR A PROPOSED URBAN RENEWAL AREA IN THECITY OF OTTUMWA, STATE OF IOWA
WHEREAS, it is hereby found and determined that one or more economic developmentareas, as defined in Chapter 403, Code of Iowa, exist within the City and the rehabilitation,conservation, redevelopment, development, or combination thereof, of the area is necessary in theinterest of the public health, safety, or welfare of the residents of the City; and
WHEREAS, this Council has reasonable cause to believe that the area described belowsatisfies the eligibility criteria for designation as an urban renewal area under Iowa law and hascaused there to be are ared proposed Agassiz Urban Renewal Plan (" Plan" or "Urban Renewal
P pPlan") for the Agassiz Urban Renewal Area (" Area" or "Urban Renewal Area"), which proposed
Plan is attached hereto as Exhibit 1, a copy ofwhich has been placed on file for public inspectionin the office of the City Clerk and which is incorporated herein by reference; and
WHEREAS, this proposed Urban Renewal Area includes and consists of:
Lot Three ( 3) in J.J. McCoy Baker's Third Addition to the City of Ottumwa,Wapello County, Iowa
WHEREAS, it is desirable that the area be redeveloped as part of the overall redevelopment
covered by the Plan; and
WHEREAS, the Iowa statutes require the City Council to submit the proposed UrbanRenewal Plan to the Planning and Zoning Commission for review and recommendation as to itsconformity with the general plan for development of the City as a whole prior to Council approvalof such Plan, and further provides that the Planning and Zoning Commission shall submit itswritten recommendations thereon to this Council within thirty ( 30) days of its receipt of suchproposed Urban Renewal Plan; and
WHEREAS, the Iowa statutes require the City Council to notify all affected taxing entitiesof the consideration being given to the proposed Urban Renewal Plan and to hold a consultationwith such taxing entities with respect thereto, and further provides that the designated
representative of each affected taxing entity may attend the consultation and make writtenrecommendations for modifications to the proposed division of revenue included as a part thereof,
to which the City shall submit written responses as provided in Section 403. 5, Code of Iowa, asamended; and
WHEREAS, the Iowa statutes further require the City Council to hold a public hearing onthe proposed Urban Renewal Plan subsequent to notice thereof by publication in a newspaperhaving general circulation within the City, which notice shall describe the time, date, place andpurpose of the hearing, shall generally identify the urban renewal area covered by the. Plan and
1
shall outline the general scope of the urban renewal project under consideration, with a copy ofthe notice also being mailed to each affected taxing entity.
NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OFOTTUMWA, STATE OF IOWA:
Section 1. That the consultation on the proposed Urban Renewal Plan required by Section403. 5( 2), Code of Iowa, as amended, shall be held on the September 11, 2019, in the CouncilChambers, City Hall, 105 E. 3rd Street, Ottumwa, Iowa 52501, at 2: 00 P.M., and the Director ofHealth, Inspections, Solid Waste, and Planning & Development, or his delegate, is hereby
appointed to serve as the designated representative of the City for purposes of conducting theconsultation, receiving any recommendations that may be made with respect thereto andresponding to the same in accordance with Section 403. 5( 2), Code of Iowa.
Section 2. That the City Clerk is authorized and directed to cause a notice of suchconsultation to be sent by regular mail to all affected taxing entities, as defined in Section403. 17( 1), Code of Iowa, along with a copy of this Resolution and the proposed Urban RenewalPlan, the notice to be in substantially the following form:
2
NOTICE OF A CONSULTATION TO BE HELD BETWEENOTTUMWA, STATE OF IOWA AND ALL AFFECTED TAXINGENTITIES CONCERNING THE PROPOSED AGASSIZ URBANRENEWAL PLAN FOR THE CITY OF OTTUMWA, STATE OFIOWA
The City of Ottumwa, Iowa will hold a consultation with all affected taxing entities, asdefined in Section 403. 17( 1), Code of Iowa, as amended, commencing at 2: 00 P.M. on
September 11, 2019, in the Council Chambers, City Hall, 105 E. 3rd Street, Ottumwa, Iowa 52501concerning a proposed Agassiz Urban Renewal Plan for a proposed Urban Renewal Area, a copyof which is attached hereto.
Each affected taxing entity may appoint a representative to attend the consultation. The
consultation may include a discussion of the estimated growth in valuation of taxable propertyincluded in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on theaffected taxing entities, the estimated impact on the provision of services by each of the affectedtaxing entities in the proposed Urban Renewal Area, and the duration of any bond issuanceincluded in the Plan.
The designated representative of any affected taxing entity may make writtenrecommendations for modifications to the proposed division of revenue no later than seven days
following the date of the consultation. The Director of Health, Inspections, Solid Waste, and
Planning& Development, or his delegate, as the designated representative of the City, shall submita written response to the affected taxing entity, no later than seven days prior to the public hearingon the proposed Agassiz Urban Renewal Plan, addressing any recommendations made by thatentity for modification to the proposed division of revenue.
This notice is given by order of the City Council of the City of Ottumwa, State of Iowa, asprovided by Section 403. 5, Code of Iowa, as amended.
Dated this 44 day of Sep-kmbeh- , 2019.
City Clerk, City of Ottumwa, State of Iowa
End of Notice)
3
Section 3. That a public hearing shall be held on the proposed Urban Renewal Plan beforethe City Council at its meeting which commences at 5: 30 P. M. on October 1, 2019, in the CouncilChambers, City Hall, 105 E. 3rd Street, Ottumwa, Iowa 52501.
Section 4. That the City Clerk is authorized and directed to publish notice of this publichearing in the Ottumwa Courier, once on a date not less than four (4) nor more than twenty (20)days before the date of the public hearing, and to mail a copy of the notice by ordinary mail toeach affected taxing entity, such notice in each case to be in substantially the following form:
4
One publication required)
NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF APROPOSED AGASSIZ URBAN RENEWAL,PLAN FOR A PROPOSEDURBAN RENEWAL AREA IN THE CITY OF OTTUMWA, STATE OFIOWA
The City Council of the City of Ottumwa, State of Iowa, will hold a public hearing before itself atits meeting which commences at 5: 30 P.M. on October 1, 2019 in the Council Chambers, City Hall, 105 E.3rd Street, Ottumwa, Iowa 52501, to consider adoption of a proposed Agassiz Urban Renewal Plan ( thePlan") concerning a proposed Urban Renewal Area in the City of Ottumwa, State of Iowa, which is
proposed to contain the land legally described as follows:
Lot Three( 3) in J.J. McCoy Baker's Third Addition to the City of Ottumwa, WapelloCounty, Iowa
A copy of the Plan is on file for public inspection in the office ofthe City Clerk, City Hall, Ottumwa,Iowa.
The City of Ottumwa, Iowa is the local public agency which, if such Plan is approved, shallundertake the urban renewal activities described in such Plan.
The general scope of the urban renewal activities under consideration in the Plan is to stimulate,through public involvement and commitment, private investment in low and moderate income residentialdevelopment in the Urban Renewal Area through various public purpose and special financing activitiesoutlined in the Plan. To accomplish the objectives of the Plan, and to encourage the further economicdevelopment of the Urban Renewal Area, the Plan provides that such special financing activities mayinclude, but not be limited to, the making of loans or grants ofpublic funds to private entities under Chapter15A, Code of Iowa. The City also may reimburse or directly undertake the installation, construction andreconstruction of substantial public improvements. The City also may acquire and make land available fordevelopment or redevelopment by private enterprise as authorized by law. The Plan provides that the City
allowed bmay issue bonds or use available funds for purposes y the Plan and that tax incrementreimbursement of the costs of urban renewal projects may be sought if and to the extent incurred by theCity. The Plan initially proposes no specific public infrastructure or site improvements to be undertakenby the City, and provides that the Plan may be amended from time to time.
Any person or organization desiring to be heard shall be afforded an opportunity to be heard at suchhearing.
This notice is given by order of the City Council of the City ofOttumwa, State of Iowa, as providedby Section 403. 5, Code of Iowa.
Dated this 4 4 day of Sep'Wfxr ,2019.
City Clerk, City of Ottumwa, State of Iowa
End ofNotice)
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Section 5. That the proposed Urban Renewal Plan, attached hereto as Exhibit 1, for the
proposed Urban Renewal Area described therein is hereby officially declared to be the proposedUrban Renewal Plan referred to in the notices for purposes of such consultation and hearing and
that a copy of the Plan shall be placed on file in the office of the City Clerk.
Section 6. That the proposed Urban Renewal Plan be submitted to the Planning and ZoningCommission for review and recommendation as to its conformity with the general plan for thedevelopment of the City as a whole, with such recommendation to be submitted in writing to thisCouncil within thirty (30) days of the date hereof.
PASSED AND APPROVED this 3`d
day of September, 2019.
ayor Pro Tem
ATTEST:
City Clerk
Label the Plan as Exhibit 1 ( with all exhibits) and attach it to this Resolution.
6
ATTACH TH I ; PLAN LABELED AS
F;XHIBIT 1 H F;RF
AGASSIZ
URBAN RENEWAL PLAN
for the
AGASSIZ
URBAN RENEWAL AREA
CITY OF OTTUMWA, IOWA
October 2019
Final
TABLE OF CONTENTS
SECTION
A. INTRODUCTION
B. DESCRIPTION OF THE URBAN RENEWAL AREA
C. AREA DESIGNATION
D. BASE VALUE
E. DEVELOPMENT PLAN
F. RESIDENTIAL DEVELOPMENT
G. PLAN OBJECTIVES
H. TYPES OF RENEWAL ACTIVITIES
I. ELIGIBLE URBAN RENEWAL PROJECTS
J. FINANCIAL INFORMATION
K. URBAN RENEWAL FINANCING
L. PROPERTY ACQUISITION/DISPOSITION
M. RELOCATION
N. STATE AND LOCAL REQUIREMENTS
O. AGRICULTURAL LAND
P. PROPERTY WITHIN AN URBAN REVITALIZATION AREA
Q. SEVERABILITY
R. URBAN RENEWAL PLAN AMENDMENTS
S. EFFECTIVE PERIOD
EXHIBITS
A. LEGAL DESCRIPTION OF AGASSIZ URBAN RENEWAL AREA
B. AGASSIZ URBAN RENEWAL AREA MAP
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Agassiz Urban Renewal Plan
for the
Agassiz Urban Renewal Area
City of Ottumwa, Iowa
A. INTRODUCTION
The Agassiz Urban Renewal Plan (" Plan" or " Urban Renewal Plan") for the Agassiz Urban
Renewal Area (" Area" or " Urban Renewal Area") has been developed to help local officialsrespond to and promote economic development in the City of Ottumwa, Iowa (the " City"). The
primary goal of the Plan is to stimulate, through public involvement and commitment, privateinvestment in new low and moderate income ( LMI) housing and residential development asdefined in the Code ofIowa Section 403. 17( 12).
In order to achieve this objective, the City intends to undertake Urban Renewal activities pursuantto the powers granted to it under Chapter 403 and Chapter 15A of the Code ofIowa, as amended.
B. DESCRIPTION OF THE URBAN RENEWAL AREA
The Urban Renewal Area is described in Exhibit" A" and illustrated in Exhibit" B."
The City reserves the right to modify the boundaries of the Area at some future date.
C. AREA DESIGNATION
With the adoption of this Plan, the City of Ottumwa designates this Urban Renewal Area as aneconomic development area that is appropriate for the development of LMI residential housingunits.
D. BASE VALUE
If the Urban Renewal Area is legally established, a Tax Increment Financing ( TIF) ordinance isadopted, and debt is certified prior to December 1, 2019, the taxable valuation as of January 1,2018, will be considered the frozen " base valuation" for the portion of the Urban Renewal Area
identified in the TIF ordinance. If a TIF ordinance is not adopted until a later date, or debt is not
first certified prior to December 1, 2019, the frozen" base value" will be the assessed value of the
taxable property within that area covered by the TIF ordinance as of January 1 of the calendar yearpreceding the calendar year in which the City first certifies the amount of any debt on the Area.
E. DEVELOPMENT PLAN
Ottumwa has a general plan for the physical development of the City as a whole outlined in theOttumwa Comprehensive Plan 2001, updated in 2013. The goals and objectives identified in this
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Plan, and the urban renewal projects described herein, are in conformity with the goals and actionsidentified in the Comprehensive Plan.
This Urban Renewal Plan does not in any way replace the City' s current land use planning orzoning regulation process. Currently the Area contains land that is zoned R-5. The City doesn' tanticipate any change in zoning as a result of the proposed development.
The need, if any, for improved traffic, public transportation, public utilities, recreational andcommunity facilities, or other public improvements within the Urban Renewal Area is set forth inthis Plan. As the Area continues to develop, the need for public infrastructure extensions andupgrades will be evaluated and planned for by the City.
F. RESIDENTIAL DEVELOPMENT
The City' s objective in this Urban Renewal Area is to promote new LMI housing and residentialdevelopment. The City realizes that the availability of affordable housing is an importantcomponent of attracting new business and industry and retaining existing businesses. In order tohelp stimulate the development of new affordable housing opportunities, one of the City' s overallpriorities is to investigate and pursue funding options to provide financial support for newresidential development.
G. PLAN OBJECTIVES
Renewal activities are designed to provide opportunities, incentives, and sites for new LMI
residential development within the Area. More specific objectives for development within the
Urban Renewal Area are as follows:
1. To increase the availability of housing opportunities, which may, in turn, attract and retainlocal industries and commercial enterprises that will strengthen and revitalize the economy
of the State of Iowa and the City of Ottumwa.
2. To stimulate, through public action and commitment, private investment in new LMI
housing and residential development. The City realizes that the availability of affordable,decent, safe, and sanitary housing is important to the overall economic viability of thecommunity.
3. To plan for and provide sufficient land for LMI residential development in a manner that
is efficient from the standpoint of providing municipal services.
4. To improve housing conditions and increase housing opportunities, particularly for LMIseniors and/or individuals.
5. To provide for the installation and upgrade of public works, infrastructure, and related
facilities in support of new LMI housing development.
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6. To provide a more marketable and attractive investment climate.
7. To preserve the health, safety, living environment, general character, and general welfareof Ottumwa, Iowa.
8. To promote development utilizing any other objectives allowed by Chapter 403 of the CodeofIowa.
H. TYPES OF RENEWAL ACTIVITIES
To meet the objectives of this Urban Renewal Plan and to encourage the development of the Area,
the City intends to utilize the powers conferred under Chapter 403 and Chapter 15A, Code ofIowaincluding, but not limited to, tax increment financing. Activities may include:
1. To undertake and carry out urban renewal projects through the execution of contracts andother instruments.
2. To acquire property and to hold, clear, or prepare the property for development.
3. To dispose of property so acquired.
4. To provide for the construction of site specific improvements, such as grading and sitepreparation activities, access roads and parking, fencing, utility connections, and relatedactivities.
5. To arrange for, or cause to be provided, the construction or repair of public infrastructure,
including, but not limited to, streets and sidewalks, traffic lights, pedestrian safetymeasures, water mains, sanitary sewers, storm sewers, public utilities, or other facilities inconnection with urban renewal projects.
6. To make loans, forgivable loans, tax rebate payments, or other types of economic
development grants or incentives to private persons or businesses to promote housingprojects on such terms as may be determined by the City Council.
7. To use tax increment revenues to help leverage grants, loans, or other assistance from thestate and federal governments ( such as providing the local match for such assistance) insupport of projects or businesses that advance the objectives of this Plan.
8. To use tax increment financing to facilitate urban renewal projects, including, but notlimited to, financing to achieve a more marketable and competitive land offering price andto provide for necessary physical improvements and infrastructure.
9. To use tax increment for LMI housing assistance.
10. To borrow money and to provide security therefor.
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11. To finance programs that will directly benefit housing conditions and promote theavailability of housing affordable to LMI persons in the community.
12. To make or have made surveys and plans necessary for the implementation of the UrbanRenewal Program or specific urban renewal projects.
13. To use any or all other powers granted by the Urban Renewal Act to develop and providefor improved economic conditions for the City of Ottumwa and the State of Iowa.
Nothing herein shall be construed as a limitation on the power of the City to exercise any lawfulpower granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or anyother provision of the Code ofIowa in furtherance of the objectives of this Urban Renewal Plan.
I. ELIGIBLE URBAN RENEWAL PROJECTS
Although certain project activities may occur over a period of years, the eligible urban renewalprojects under this Urban Renewal Plan include:
1. Development Agreements.
a. CBC Financial Corporation (or a related entity):
This proposed urban renewal project involves providing incentives to assist with the costof constructing a new LMI residential facility to be developed by CBC Financial Corporation (ora related entity). The project will involve the adaptive reuse and rehabilitation of the Agassiz
school building to result in approximately 40 housing units. The project will prevent the former
school site from falling into blighted condition as the site is currently under-utilized by thecommunity. The project will include some measure of historic renovation. Construction is
anticipated to take place in 2019- 2022.
The City intends to provide assistance in the form of property tax rebates of potentialincremental taxes that may result from development of the residential facility. Under the proposal,up to 100% of the incremental property tax generated by LMI units within the project ( fromincremental taxes from the rehabilitated building on the developer' s land pursuant to the Code ofIowa Section 403. 19) is expected to be rebated to the developer for up to a 15- year period. No
rebates will be given for units leased at market rates. The potential incentive to the developer for
the new development is expected to be approximately $ 500,000, and will be subject to the terms
and conditions of a detailed development agreement. These rebates will not be general obligations
of the City, but will be subject to annual appropriation and payable solely from incrementalproperty taxes under Code of Iowa Section 403. 19 and generated by the LMI units within theproject.
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b. Other Development Agreements.
The City expects to consider requests for development agreements for projects that areconsistent with this Plan, as amended, in the County' s sole discretion. Such agreements are
unknown at this time, but based on past history, and dependent on development opportunities andclimate, the County expects to consider a broad range of incentives as authorized by this Plan, asamended, including, but not limited to, land, loans, grants, tax increment rebates, public
infrastructure assistance, and other incentives. The costs of such development agreements will not
exceed $ 1, 000,000.
2. Planning, Engineering Fees ( for Urban Renewal Plans), Attorney Fees,Administrative, and Other Related Costs to Support Urban Renewal Projects and
Planning:
Project Estimated Date Estimated Cost
Fees and Costs Undetermined Not to Exceed
50,000
J. FINANCIAL INFORMATION
1. July 1, 2019, Constitutional Debt Limit 49,915, 087
2. Current Outstanding General Obligation Debt 22, 165, 000
3. Proposed amount of indebtedness to be incurred: A
specific amount of debt to be incurred for the Eligible
Urban Renewal Projects has not yet been determined.
This document is for planning purposes only. Theestimated project costs in this Plan are estimates only andwill be incurred and spent over a number of years. In no
event will the City' s constitutional debt limit be exceeded.The City Council will consider each project proposal on acase-by-case basis to determine if it is in the City' s best $ 1, 550,000
interest to participate before approving an urban renewal This does not include
project or expense. It is further expected that such financing costs related toindebtedness, including interest on the same, may be debt issuance, which mayfinanced in whole or in part with tax increment revenues be incurred over the life of
from the Urban Renewal Area. Subject to the foregoing, the Area.
it is estimated that the cost of the Eligible Urban Renewal
Projects as described above will be approximately asstated in the next column:
K. URBAN RENEWAL FINANCING
The City intends to utilize various financing tools such as those described below to successfullyundertake the proposed urban renewal actions. The City has the statutory authority to use a varietyof tools to finance physical improvements within the Area. These include:
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A. Tax Increment Financing.
Under Section 403. 19 of the Code of Iowa, urban renewal areas may utilize the taxincrement financing mechanism to finance the costs of public improvements, economicdevelopment incentives, or other urban renewal projects. Upon creation of a tax increment
district within the Area, by ordinance, the assessment base is frozen and the amount of taxrevenue available from taxes paid on the difference between the frozen base and the
increased value, if any, is segregated into a separate fund for the use by the City to paycosts of the eligible urban renewal projects. Certain increased taxes generated by any newdevelopment, above the base value, are distributed to the taxing entities, if not requestedby the City, and in any event upon the expiration of the tax increment district.
B. General Obligation Bonds.
Under Division III of Chapter 384 and Chapter 403 of the Code ofIowa, the City has theauthority to issue and sell general obligation bonds for specified essential and generalcorporate purposes, including the acquisition and construction of certain publicimprovements within the Area and for other urban renewal projects or incentives for
development consistent with this Plan. Such bonds are payable from the levy of unlimitedad valorem taxes on all the taxable property within the City of Ottumwa. It may be, theCity will elect to abate some or all of the debt service on these bonds with incrementaltaxes from this Area.
The City may also determine to use tax increment financing to provide incentives such as cashgrants, loans, tax rebates, or other incentives to developers or private entities in connection with
the urban renewal projects identified in this Plan. In addition, the City may determine to issuegeneral obligation bonds, tax increment revenue bonds or such other obligations, or loan
agreements for the purpose of making loans or grants of public funds to private businesses locatedin the Area for urban renewal projects. Alternatively, the City may determine to use availablefunds for making such loans or grants or other incentives related to urban renewal projects. In anyevent, the City may determine to use tax increment financing to reimburse the City for anyobligations or advances.
Nothing herein shall be construed as a limitation on the power of the City to exercise any lawfulpower granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or anyother provision of the Code ofIowa in furtherance of the objectives of this Urban Renewal Plan.
L. PROPERTY ACQUISITION/DISPOSITION
The City will follow any applicable requirements for the acquisition and the disposition ofpropertywithin the Urban Renewal Area.
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M. RELOCATION
The City does not expect there to be any relocation required of residents or businesses as part ofthe eligible urban renewal project; however, if any relocation is necessary, the City will follow allapplicable relocation requirements.
N. STATE AND LOCAL REQUIREMENTS
All provisions necessary to conform to State and local laws will be complied with by the City inimplementing this Urban Renewal Plan and its supporting documents.
O. AGRICULTURAL LAND
Because this Area does not contain land defined as " agricultural land" pursuant to Code ofIowaSection 403. 17( 3), no agricultural landowner consents are required.
P. PROPERTY WITHIN AN URBAN REVITALIZATION AREA
The Urban Renewal Area is located within an established Urban Revitalization Area. No tax
abatement incentives under the Urban Revitalization Plan or any other plan, policy, or ordinancewill be allowed for development that occurs in this Urban Renewal Area absent express written
permission of the City Council.
Q. SEVERABILITY
In the event one or more provisions contained in the Urban Renewal Plan shall be held for any
reason to be invalid, illegal, unauthorized, or unenforceable in any respect, such invalidity,illegality, un-authorization, or unenforceability shall not affect any other provision of this UrbanRenewal Plan, and this Urban Renewal Plan shall be construed and implemented as if such
provisions had never been contained herein.
R. URBAN RENEWAL PLAN AMENDMENTS
This Urban Renewal Plan may be amended from time to time for a number of reasons including,but not limited to, adding or deleting land, adding or amending urban renewal projects, ormodifying goals or types of renewal activities.
The City Council may amend this Plan in accordance with applicable State law.
S. EFFECTIVE PERIOD
This Urban Renewal Plan will become effective upon its adoption by the City Council and shallremain in effect until terminated by the City Council.
9
Final
With respect to property included within the Urban Renewal Plan Area, which is also included inan ordinance providing for the division of revenue as set forth in Section 403. 19 of the Code ofIowa (TIF ordinance), the use of incremental property tax revenues or the " division of revenue,"as those words are used in Chapter 403 of the Code of Iowa, is limited to twenty ( 20) years,beginning with the first calendar year following the calendar year in which the City first certifiesto the County Auditor the amount of any loans, advances, indebtedness, or bonds which qualifyfor payment from the incremental property tax revenues attributable to that property identified inthe TIF ordinance.
At all times, the use of tax increment financing revenues( including the amount of loans, advances,indebtedness, or bonds which qualify for payment from the division ofrevenue provided in Section403. 19 of the Code of Iowa) by the City for activities carried out under the Urban Renewal Planshall be limited as deemed appropriate by the City Council and consistent with all applicableprovisions of law.
10
Final
EXHIBIT A
LEGAL DESCRIPTION OF AGASSIZ URBAN RENEWAL AREA
LEGAL DESCRIPTION: Lot Three ( 3) in J. J. McCoy Baker' s Third Addition to the City of Ottumwa, WapelloCounty, Iowa
11
Final
EXHIBIT B
MAP OF AGASSIZ URBAN RENEWAL AREA
City of Ottumwa, IowaAgassiz Urban Renewal Area
zoning Cift*WiCanen.
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12
Final
CERTIFICATE
STATE OF IOWASS
COUNTY OF WAPELLO
I, the undersigned City Clerk of the City of Ottumwa, State of Iowa, do hereby certify thatattached is a true and complete copy of the portion of the records of the City showing proceedingsof the Council, and the same is a true and complete copy of the action taken by the Council withrespect to the matter at the meeting held on the date indicated in the attachment, which proceedingsremain in full force and effect, and have not been amended or rescinded in any way; that meetingand all action thereat was duly and publicly held in accordance with a notice of meeting andtentative agenda, a copy of which was timely served on each member of the Council and postedon a bulletin board or other prominent place easily accessible to the public and clearly designatedfor that purpose at the principal office of the Council pursuant to the local rules of the Council andthe provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and
media at least twenty- four hours prior to the commencement of the meeting as required by law andwith members of the public present in attendance; I further certify that the individuals namedtherein were on the date thereof duly and lawfully possessed of their respective city offices asindicated therein, that no Council vacancy existed except as may be stated in the proceedings, andthat no controversy or litigation is pending, prayed or threatened involving the incorporation,organization, existence or boundaries of the City or the right of the individuals named therein asofficers to their respective positions.
WITNESS my hand and the seal of the Council hereto affixed this 1 day of
apt(mbtk, , 2019.
011/04., kazitamt.City Clerk, City of Ottumwa, State of Iowa
SEAL)
01624530- I\ 10981- 141
NOTICE OF A CONSULTATION TO BE HELD BETWEEN
OTTUMWA, STATE OF IOWA AND ALL AFFECTED TAXING
ENTITIES CONCERNING THE PROPOSED AGASSIZ URBAN
RENEWAL PLAN FOR THE CITY OF OTTUMWA, STATE OF
IOWA
The City of Ottumwa, Iowa will hold a consultation with all affected taxing entities, asdefined in Section 403. 17( 1), Code of Iowa, as amended, commencing at 2: 00 P. M. on
September 11, 2019, in the Council Chambers, City Hall, 105 E. 3rd Street, Ottumwa, Iowa 52501concerning a proposed Agassiz Urban Renewal Plan for a proposed Urban Renewal Area, a copyof which is attached hereto.
Each affected taxing entity may appoint a representative to attend the consultation. The
consultation may include a discussion of the estimated growth in valuation of taxable propertyincluded in the proposed Urban Renewal Area, the fiscal impact of the division of revenue on the
affected taxing entities, the estimated impact on the provision of services by each of the affectedtaxing entities in the proposed Urban Renewal Area, and the duration of any bond issuanceincluded in the Plan.
The designated representative of any affected taxing entity may make writtenrecommendations for modifications to the proposed division of revenue no later than seven days
following the date of the consultation. The Director of Health, Inspections, Solid Waste, and
Planning& Development, or his delegate, as the designated representative of the City, shall submita written response to the affected taxing entity, no later than seven days prior to the public hearingon the proposed Agassiz Urban Renewal Plan, addressing any recommendations made by thatentity for modification to the proposed division of revenue.
This notice is given by order of the City Council of the City of Ottumwa, State of Iowa, asprovided by Section 403. 5, Code of Iowa, as amended.
Dated this 1 day of `' f fl\1 - , 2019.
411,Al-Putt44211-City Clerk, City of Ottumwa, State of Iowa
End of Notice)
01626688- 1\ 10981- 141
One publication required)
NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF APROPOSED AGASSIZ URBAN RENEWAL PLAN FOR A PROPOSEDURBAN RENEWAL AREA IN THE CITY OF OTTUMWA, STATE OFIOWA
The City Council of the City of Ottumwa, State of Iowa, will hold a public hearing before itself atits meeting which commences at 5: 30 P.M. on October 1, 2019 in the Council Chambers, City Hall, 105 E.3rd Street, Ottumwa, Iowa 52501, to consider adoption of a proposed Agassiz Urban Renewal Plan ( thePlan") concerning a proposed Urban Renewal Area in the City of Ottumwa, State of Iowa, which is
proposed to contain the land legally described as follows:
Lot Three( 3) in J.J. McCoy Baker' s Third Addition to the City of Ottumwa, WapelloCounty, Iowa
A copy ofthe Plan is on file for public inspection in the office of the City Clerk, City Hall, Ottumwa,Iowa.
The City of Ottumwa, Iowa is the local public agency which, if such Plan is approved, shallundertake the urban renewal activities described in such Plan.
The general scope of the urban renewal activities under consideration in the Plan is to stimulate,through public involvement and commitment, private investment in low and moderate income residentialdevelopment in the Urban Renewal Area through various public purpose and special financing activitiesoutlined in the Plan. To accomplish the objectives of the Plan, and to encourage the further economicdevelopment of the Urban Renewal Area, the Plan provides that such special financing activities mayinclude, but not be limited to, the making of loans or grants of public funds to private entities under Chapter15A, Code of Iowa. The City also may reimburse or directly undertake the installation, construction andreconstruction of substantial public improvements. The City also may acquire and make land available fordevelopment or redevelopment by private enterprise as authorized by law. The Plan provides that the Citymay issue bonds or use available funds for purposes allowed by the Plan and that tax incrementreimbursement of the costs of urban renewal projects may be sought if and to the extent incurred by theCity. The Plan initially proposes no specific public infrastructure or site improvements to be undertakenby the City, and provides that the Plan may be amended from time to time.
Any person or organization desiring to be heard shall be afforded an opportunity to be heard at suchhearing.
This notice is given by order of the City Council of the City of Ottumwa, State of Iowa, as providedby Section 403. 5, Code of Iowa.
Dated this day of 2019.
City Clerk, City of Ottumwa, State of Iowa
End ofNotice)
01626689- 1\ 10981- 141
Item No. H.-5.
c r CITY OF.OTTUMWA
nig?Ur4.9
Staff Summary
ALTI1 l ITEM **
Council Meeting of: September 1, 12'019.- ; -
Alicia Bankson
Preparedre By
Engineering Department 1, Q i j
Department epartment Head
City A mid9trator Approval
AGENDA TITLE: Resolution # 191- 2019. Approving Change Order# 3 and accepting the work as finaland complete and approving the Final Pay Request for the Albia Road- Wapello Street Modern RoundaboutProject.
Public hearing required if this box is checked.** The Proof of Publication for each Public Hearing must beattached to this Staff Summary. If the Proof of Publication is
not attached, the item kill not be placed on the agenda.**
RECOMMENDATION: Pass and adopt Resolution# 191- 2019.
DISCUSSION: This was the second phase of the roundabout projects. The City was awarded a$ 500,000TSIP( Traffic Safety Improvement Program) grant which was approved at the July 18, 2017 councilmeeting.
This project constructed a modern roundabout consisting of approximately 3, 000 square yards( SY) of 8"PCC, 560 SY of stamped colored PCC, approach lanes, associated raised medians, and storm sewer
improvements at the intersection of North Ferry Street, Albia Road and Wapello Street.
Change Order# 1 increased the contract sum by$ 4, 064.41 for change orders done prior to winter shutdown.Change Order # 2 increased the contract sum by $ 5, 694. 15 for all change orders done to open Phase II
during winter shutdown. Change Order # 3 decreases the contract sum by $ 15, 671. 52 for quantityadjustments and a few small items of extra work.
Original Contract Amount 765, 858.93
Change Order# 1 4,067.41
Change Order# 2 5, 694. 15
Change Order# 3 15, 671. 52)
New Contract Amount 759,620.49
Less Previous Payments 720,921. 57
Final Payment 39, 027.40
Source of Funds: Road Use Budgeted Item: Yes Budget Amendment Needed: No
RESOLUTION# 191- 2019
A RESOLUTION APPROVING CHANGE ORDER# 3 AND ACCEPTING THE WORK
AS FINAL AND COMPLETE AND APPROVING THE FINAL PAY REQUEST
FOR THE ALBIA ROAD/WAPELLO STREET MODERN ROUNDABOUT PROJECT
WHEREAS, The City Council of the City of Ottumwa, awarded a contract on April 17, 2018 with DrishConstruction of Fairfield, Iowa for the above referenced project; and
WHEREAS, Change Order #3 decreases the contract amount by $ 15, 671. 52. The total new contract
sum is $ 759,620.49. The project is now completed in accordance with the plans and
specifications.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF OTTUMWA,
IOWA THAT: The above mentioned change order for this project is hereby approved. The Albia Road-Wapello Street Modern Roundabout is hereby accepted as complete and authorization to make finalpayment to Drish Construction of Fairfield, Iowa in the amount of$39,027.40 is hereby approved.
APPROVED, PASSED, AND ADOPTED, this 3` dday of September, 2019.
CIT ' 0-41
i
4,WAN. _i ftp
Matt Dalbey, Mayir Pro Tem
ATTEST:
Christina Reinhard, City Clerk
Section 640
CHANGE ORDER
Project: North Ferry at Albia Rd. Roundabout To Contractor: Drish Construction
Change Order Number: 3
The Contract is changed as follows: DATE
Qty Adjustments: See Tab Sheet 16, 755.68
Parking Block Reinstallation (Tuscany) 350.00
Curb Repair( Busted by snow plow) 143. 75
Rock for driveway at 719 Richmond ( 17. 78 to @$ 13. 50/ tn) 240.03Excavate unsuitable material ( 9.63 cy @ $ 26. 00/ cy 250. 38Purchase of one concrete blanket 100.00
0. 00
Total: ($ 15, 671. 52)
Base bid amount 765,858.93
NEW PROJECT TOTAL 759,948. 97
NOT VALID UNTIL SIGNED BY THE OWNER AND CONTRACTOR
The Original Contract Sum was 765, 858. 93
Net change by previously authorized Change Orders 9, 761. 56
The Contract Sum prior to this change order 775,620.49
The Contract Sum will be decreased by this change order in the amount of 15,671. 52)
The new Contract Sum including this change order 759,948. 97
The Contract Time will be unchanged by 0 days
The date of Substantial Completion as of the dare of this Change Order is in accordance with contract documents.
s-.-eacw? d 8- 2 9 2a 5ENGINEE7 DATE
DIRECT R OF PUBLIC WORKS
Drish Construction jCONTRACTOR DATE
BY TITLE
SECTION 630
PAY ESTIMATE
CITY OF OTTUMWA
APPLICATION FOR PAYMENT
TO OWNER: City of Ottumwa PROJECT: North Ferry at Albia Rd. Roundabout PAY REQUEST NO. 10
Final
FROM CONTRACTOR: Drish Construction PAY PERIOD: 28-Aug- 19
CONTRACTOR' S APPLICATION FOR PAYMENT
Application for payment is made as follows:
1. Original Contract Sum 765, 858. 93
2. Net change by Change Orders 5, 909.96)
3. Contract Sum to Date( Line 1+ Line 2) 759,948.97
4. Total Completed and Stored to Date 759,948.97
5. Retainage: 0 % of Completed work 0.00
6. Total Earned Less Retainage Amount 759,948.97
7. Less Previous Payments 720, 921. 57
8. Current Payment Due 39, 027.40
The undersigned Contractor certifies that to the best of their knowledge, the Work covered by this Application hasbeen completed in accordance with the Contract Documents, that the Contractor has paid for all Work which previousApplications for Payment were issued and payments received from the Owner, and that current payment( Line 8) is nowdue.
CONTRACTOR: e '. 1 / DATE: 7 / G )'-/ (/
TITLE: 1 ; a( 7` : 772;,.-7
ENGINEER' S CERTIFICATE FOR PAYMENT
In accordance with the contract documents, based on on- site observations and the information contained in this
application, the Engineer certifies to the Owner that to the best of the Engineers knowledge the Work has progressed as
indicated, the quality of the Work is in accordance with the contract Documents, and the Contract entitled to payment ofthe AMOUNT CERTIFIED.
1
AMOUNT CERTIFIED: 39, 027.40
i`• iJ DATE: d g- Z 9-' L O/ qENGINEER/ DI TOR OF PUBLIC WORKS
I
North Ferry at Albia Rd. Roundabout
8/28/
201910Drish Construction AS BUILTITEM r QUANTITY h OFDESCRIPTION UNIT QTY PRICE EXTENSION QTY EXTENSION OVER/UNDER CONTRACT1 CLEARING AND GRUBBING LS • 1 $ 12, 000.00 $ 12, 000. 00 1 $ 12, 000. 00 $ 0.00 100.00%2 TOP- SOIL OFF-SITE
CY 634 2 r- ---27. 00 $ 17123.40 634. 2 $ 17, 12340 $ 000 ', 100. 00%3 EXCAVATION, CLASS 10 _--_ --.._. _.. ___. - 5
CY 3327. 1 -$ 12 55 ! $ 41 755. 11 3327. 1 $ 41, 755 11 ---y-
0. 00 _.- 100. 00%4 SUBGRADE PREPARATION SY 4620 1. 95 ! $ 9,009. 00 - 4896.37 $ 9,547. 92 $ 538. 92 105. 98%5 SUBBASE 6", MODIFIEDSY 4620 $ 7 00
2_- -------
32_340.00 4696.37 $ 34,274.59 $ 1, 934. 59 ' 105. 98%_6 REMOVAL OF KNOWN PIPE CULVERT LF 266 $ 18. 50 $ 492. 10 48 $ 888. 00 - $ 395. 90 6/7/20197 ! COMPACTION TESTINGLS 1 $ 4,200. 00 $ 4, 200.00 0 20143 $ 846.00 3, 354.00)_ 20.
00
8 TRENCH COMPACTION TESTINGLS 1 $ 4,200. 00 $ 4, 200.00 1 $ 4, 200.00 $ 0.00 ! 100.00%9 STORM SEWER, TRENCHED, RCP 18" LF_- 384. 8__ $ 47 00 $ 18, 085.60 322.74 $ 15168. 78 2, 916_8 83 87/ 0_--10 STORM SEWER, TRENCHED, RCP, 24" LF 105.6 $ 78.00 4 $ 8,236. 80 105. 18 - $ 8, 204.04 32. 76) _ 99.60%11 RCP, 30" LF 102. 9
STORM SEWER, TRENCHED--- --- 9220 $ 9-087. 38 102. 28 $ 9,430.22 ($ 57. 16) ' 9940%_-_-12 STORM SEWER, TRENCHED, RCP, 36" 243.5 $ 116.50 $ 28,367. 75 243.45 $ 28, 361. 9313 REMOVAL OF STORM SEWER PIPE 63 88) • 99 94%
893 $ 14 00-- 1. $ 12 502. 00 847. 8 - $ 11, 869.20 632.80) 94 94%14 STORM SEWER ABANDONMENT, FILL AND PLUG 0LF 55 8 $ 70 00 $ 3 906.00 55. 8 $ 3,906. 00 $ 0 00 100 0015 PIPE APRON, RCP, 18" EA 1 $ 1, 075. 00 j $ 1, 075.00 1 $ 1, 075.00 $ 0.00 _ 100.00%16 PIPE APRON, RCP, 36" EA '. 1 -$ 1 700 00 i $ 1 700. 00 1 1 700.00 $ 0. 00 i 100 00%17 FOOTING FOR CONCRETE APRON, 18" EA 1 $ 805 00 $ 805 00 1 $ 805. 00 $ 0. 00 . 100. 0018 FOOTINGFORCONCRETEAPRON 36 1 $ 1, 160. 00 `_$ 1160.00 1 $ 1, 160. 00 $ 0.00 100. 00%19 - PIPE APRON GUARD
1, 115.00 $ 2, 230.00 2 1 $ 2, 230. 00 $ 0. 00 • 100.00%20 SUBDRAIN PVC, 4" LF 986.9 $ 12. 05 12, 821. 20 ----11, 892. 15 - 1064 929 05 107 81%21 SUBDRAIN CLEANOUT, TYPE A-2 EA 2 $ 315. 00 j- $ 630.00 4 1, 260. 00 $$ 00 00 200.00%22 SUBDRAIN CLEANOUT, TYPE B EA ', 1 $ 1 350 00 ! $ 1 350.00 1 1 350.00 $ 0 00 ' 100.00%23 SUBDRAIN OUTLETS AND CONNECTIONS
J
EA__ 10 _$ 200. 0_0_ j $ 2, 000. 00_ 10 $ 2, 000.00 $ 0. 00 100. 00%24 ! MANHOLE, SW-401, 72"__-_--_ EA- - 1--- $ 7, 765. 00 $ 7, 765. 00 ' 1 00 $ 0. 00 ;, %25 - INTAKE, SW-505 7, 765. 00 ! 100. 00%EA 2 $ 5, 000.00 $ 10,000. 00 ; 2 : $ 10, 000.00 ; $ 0. 00 100. 00%26 [ INTAKE, SW-50626 INTA--
W-------- EA 1 $ 10,075. 001_ $ 10,075. 00 ! 1 $ 10, 075.00 i $ 0. 00 L 100.00%27 ; INTAKE, SW-507T----- EA • 1 $ 4, 755.00 ;_$ 4, 755.00 j 1 $ 4, 755. 00 ! $ 0. 00 100.00%28 _ INTAKE_SW-510 ----------------- ------
EA 5 $ 8, 315. 00!$ 41, 575.00 ' 5 --5.
0041, 575. 00 $ 0. 00 - 100.00%29 ; CONNECTION TO EXISTING MANHOLE OR INTAKEJ
0.EA - 2 $ 1, 265. 00 j__$_ 2, 53_0_.00_ _ 2 100. 00%----2, 800.00 $ 0.0030 . REMOVE MANHOLE INTAKE EA •- 7 $ 400. 00 T $ 2, 800. 00 ! 7 $ 2, 800.00 i_--_$0. 00 _ i 100. 00%_--31 ; PAVEMENT, PCC, 8" SY 3007 $ 65.48 '$ 196,898.36-' 3208. 16; $ 210,070. 32 f $13, 171. 96 :: 106. 69%32 PAVEMENT, COLORED AND STAMPED PCC, 8' SY__'__ 5_67. 4 $ 95. 55 T$ 54_215. 07 555.24 ! $ 53, 053. 18_ T_33 CURB AND GUTTER, 2 WIDTH_6" THICKNESS
1, 161. 89 97. 86%3 ! C --- LF 471. 1 $ 31. 50 ,$ 14, 839. 65 ' 343.21$10, 810.80 $ 4, 028.85 72. 85% --
35 REMOVAL OF SIDEWALK1
SY ._ 38. 2 $$ 15.
0150
T_ $57873T 11. 41
34 I_PCC PAVEMENT SAMPLES AND TESTING L,___--__-__000 __ x($3, 150.00)- 0. 00%
172.86 ($ 405. 87 29.87%SY 578.71T266.26 - --- --- 1 91%
36 REMOVAL,
PFDRIVEWAY
474.7 $ 9. 10 $ 4,319. 77 1 5, 266.26 ! $ 946.49 121. 91%37 ! SIDEWALK, PCC, 4" ------------------------- j---`-----------------' SY ; 377. 1 $ 46.20 $ 17,422.02 ; 14. 05 $ 649. 11 f $ 16, 772. 91 --- 3. 73%38 ; DRIVEWAY, PAVED, PCC, 6"
1 $ 10, 285.49- 473 60%SY ', 57 $ 48. 30__I__$2, 753. 10 269.95 $ 13, 038.59i $ 10, 285.49__. 473. 60%39_: PAVEMENT REMOVAL SY 4911.11 _ $6.00 $ 29,466. 60 4911. 1 $ 29,466.60__j__$0.00j__100.00%40 ` PAINTED PAVEMENT MARKINGS, DURABLE STA 17.8 $ 225. 75 $ 4, 018.35 ! 17.6 `$ 3, 973.2041 PAINTED SYMBOLS AND LEGENDS 45. 15 98_88%
42 ------ - --- l EA 7 $ 341. 25 ! $ 2, 388. 75
f
7 -$ 2, 388.75 $ 0.00 100.00% -PAINTED PAVEMENT MARKINGS REMOVED_ STA 2.6 $ 157. 50 $ 409. 50 _ 2.6 $ 409.50 $ 0.00 100. 00%43 TEMPORARY TRAFFIC CONTROL LS_ 1 $ 9, 450.00 $ 9,450. 00 144 TYPE A SIGN, SHEET ALUMINUM9,450. 00 -$ 0_00 100. 00%
SF ; 111. 1 $ 17. 33!$ 1, 925. 36 ! 151. 35 ' $ 2,622. 90 ! $ 697. 54 . 136.23%45 : STEEL 2" X 2" PERFORATED 14- GUAGE SQUARE TUBING POST! LF : 288 $ 10. 50_ $ 3, 024.00 288 ; $ 3, 024. 00 ! _$ 0. 00 100.00%46 [ REMOVAL OF TRAFFIC SIGNEA 5 $ 84. 00 __
168.00 140.00%420.00 i 7 : 471,HYDRALIC SEEDING, FERTILIZING AND MULCHING- RURAL MIX AC 0.4 $ 3, 150. 00 _$ 1, 260.00 f0
00%0.00 ! ($ 1, 260A_.. 0. 00%48 iHYDRALIC SEEDING, FERTILIZING AND MULCHING- URBAN MIX SQ I 0. 8 $ 3, 150. 00; $ 2,520. 00 ' 1. 36 ! $ 4, 284.00 $ 1, 764. 00 : 170. 00%
9;COMPOSITE FILTER SOCK, 12"
87. 30--__
49LF j 2048. 3 $ 2.63
T $
5. 387. 03 0_00 _ T ($ 5,387. 03) --- 0. 00%50 [ COMPOSITE FILTER SOCK, REMOVAL____ _ l LF 2048.3 _ _$ 1_ 05 , $ 2, 150. 72 0 !51 ' TEMPORARY RECP 0_00 $ 2, 150. 72 0. 00%
52 ', RIP RAP, CLASS D-- - ------ SY 902 $ 2. 77 $ 2, 498.54 ; 0 $ 0. 00 _(_$ 2,498. 54) : 0. 00%
53
54 ' SILT FENCE REMOVAL OF
DEVICELF _498. 5 $ 134 T$
3, 530.30-,_ 86.39 __$ 3, 714. 77 184.47_ 105.23%SICFFENCE732. 80 166 __$ 244.02 ($ 488.78) 33. 30%
EA
4_9_6.5 $
31 50 ' $ 346.
5010- $
0. 00_--- J
55 INLET PROTECTION_ DEVICE, COMPOSITE SOCK0 00 __, ($
418. 74)($
346. 50)
0.00%
56 [ INLET PROTECTION DEVICE, MAINTENANCE0.00 ($
57. )
0.00%EA ! 11 $ 5.25 ___$ 57.75_ -'_ 0
4
57 REMOVAL OF TRAFFIC SIGNAL 0. 00_ ($ 05) 0. 00%LS 1 $ 20,000. 00_$ 20,000. 00 ; 1 $ 20, 000.00__!__$ 0. 00 100. 00%58iCONSTRUCTION SURVEYLS? 1 $ 29,400. 00 _$ 29_400. 00 ' 1
0 ---59 ; MOBILIZATION 29,400.00 $ 0. 00 100.00°h60
f ----_--___-___-_ LS 1 $ 45, 000.00_1$ 45, 000. 00 1 : $ 45, 000.00 $ 0. 00 100.00%CONCRETE WASHOUTChangeOrder# 1
LS 1 $ 3,230. 00 $ 3, 230.00 0 ! $ 0.00 ! ($ 3, 230.00) _ 0. 00%
T------ --- $4, 067.41Chane Order# 25, 694. 15Chan a Order# 3 jr1, 084. 16
TOTAL $ 765, 858.93
ASBUILT TOTAL; 759, 948. 97
16, 755. 66)
Item No. H.-6.
ST16F CJIVIMARY
2019 Akio 30
04111Council Meeting of: 9/ 3/ 2019 ITEM NO. yM-4/
01 ;
F• Joni KeithOT T
Prepared By
Administration
Department epartment -• i
AGENDA TITLE: Pass and adopt Resolution# 195- 2019 which approves a severance
agreement with former City Administrator Andy Morris.
PURPOSE: Approve a severance agreement with City Administrator Andy Morris.
RECOMMENDATION: Pass and adopt Resolution# 195- 2019.
DISCUSSION: As part of his employment with the City of Ottumwa, Andy Morris was givenan employment contract which is attached hereto. The Agreement provides that either the Cityor Mr. Morris may sever employment without cause subject to a six month severance package.Mr. Morris resigned on August 23, 2019 subject to the negotiation of his final severance package
from the City of Ottumwa. Gayla Harrison has negotiated a proposed package and thatagreement is attached as well. Mr. Morris would receive six months of severance and his benefit
package, excluding vacation and sick leave accrual, as set out in his employment contract. Inaddition, Mr. Morris would receive a 2 per cent wage increase on his anniversary date inNovember of 2019. This agreement is subject to council approval.
reinhardc
Typewritten Text
ITEM TABLED - NO LEGISLATIVE ACTION ON THIS ITEM
reinhardc
Typewritten Text
RESOLUTION# 195- 2019
RESOLUTION APPROVING THE
CITY' S SEVERANCE AGREEMENT WITH
FORMER CITY ADMINISTRATOR ANDREW MORRIS
WHEREAS, the City_of Ottumwa, Iowa desires to approve a severance agreement withformer City Administrator Andrew Morris; and
WHEREAS, said agreement is in line with the previously approved EmploymentAgreement with Andrew Morris.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OTTUMWA, IOWA:
That the proposed Agreement between the City of Ottumwa, Iowa and former CityAdministrator Andrew Morris is hereby approved.
That Mayor Pro Tem Matt Dalbey is hereby authorized to sign said Agreement on behalfof the City of Ottumwa, Iowa, upon the approval and signature of former City AdministratorAndrew Morris.
PASSED AND ADOPTED this 3rd day of September, 2019.
City of Ottumwa, Iowa
Matt Dalbey, Mayor Pro Tem
ATTEST:
Christina Reinhard, City Clerk
reinhardc
Typewritten Text
ITEM TABLED - NO LEGISLATIVE ACTION ON THIS ITEM
EMPLOYEE AGREEMENT
THIS EMPLOYEE AGREEMENT ( this" Agreement") is made and entered into this 6th day of October,
2015 between the City of Ottumwa, Iowa, a Iowa municipal corporation (the" City"), and Andrew A.
Morris (the" City Administrator").
BACKGROUND FACTS
A. The City wishes to employ the services of Andrew A. Morris as City Administrator of the Cityof Ottumwa, Iowa.
B. The City and Mr. Morris desire to provide for certain procedures, benefits and requirementsregarding the employment of Mr. Morris by the City.
C. Mr. Morris wishes to accept employment as City Administrator of Ottumwa, under theterms and conditions of this agreement.
TERMS OF AGREEMENT
In consideration of the facts mentioned above and the mutual promises set out below, the partiesagree as follows:
1. Duties: The City agrees to employ Mr. Morris as the City Administrator of the City of Ottumwato perform all duties as specified by law and ordinance and perform such other proper dutiesas assigned by the City Council.
2. Compensation: The City Administrator shall receive an annual salary of $130,000 per yearcommencing November 2, 2015 and paid according to the City's normal payroll calendar. TheCity Administrator will receive a performance evaluation during the month of May 2016, andannually during the month of December thereafter. Adjustments in annual salary for the CityAdministrator shall be given at the Administrator's yearly anniversary provided a satisfactoryperformance evaluation is received.
3. Terms and Conditions: The City Administrator shall be employed by the City for an indefiniteperiod commencing November 2, 2015, subject to the successful completion of a pre-employment physical and drug screen.
It is further agreed that The City Administrator will serve at the will of the Council and may beterminated with or without just cause at any time. Termination for " just cause" shall be
without severance pay and shall be effective upon Employee' s receipt of notice of histermination. Termination of this contract by the City shall follow any applicable Charterrequirements, which currently include furnishing City Administrator with a copy of thereasons for the termination, providing a reasonable opportunity to be heard in person or bycounsel in his own defense, and adoption of a resolution by a majority of Council members.
Should the City terminate the employment of the City Administrator without just cause, hewill receive six ( 6) months' severance pay and benefits. Additionally, he will have the optionto resign and receive six months severance pay and benefits.
If the City Administrator decides to terminate his employment, he must provide the City aminimum of 30 days' notice of his intent to terminate.
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4. Iowa Public Employees Retirement System: The City Administrator may participate inI.P.E. R.S.. The City's regular contribution is rated by Iowa State Statutes governing retirementcontributions for municipalities currently at 8.93% of the City Administrator's salary.
5. Insurance Coverage: The City Administrator will be provided insurance coverage at the samerate as other non-union City Employees.Current Coverages
HEALTH INSURANCE;
Alliance Select Program administered by Wellmark BlueCross/ Blue Shield of Iowa with a$ 300/ 600 deductible and
1000/ 2000 out of pocket. Three tier drug card$ 10/ 25/ 40.Employer is responsible for 90% premium at this time.
Employee is responsible for 10% of premium at this time.
Employee cost for family coverage is$ 158.62 per month at this timeDental coverage free for employee only.Dependent dental and vision coverage is available at employee' s cost.Flexible Spending Account is available.
LIFE INSURANCE;
Equal to annual salary rounded up to next highest$ 1000.
6. Vacation and Sick Leave: The City Administrator will start employment with the status of a10-year employee for the purposes of calculating Vacation and will receive subsequentincreases in accordance to the City's personnel policy.
a. The City Administrator will be provided a bank of 40 hours of Vacation uponemployment.
b. The City Administrator will be granted the same number of holidays as other Cityemployees.
c. The City Administrator will be granted 40 hours ofbanked sick leave uponemployment and shall earn additional sick leave at the rate other employees earn
sick leave. All other provisions of the sick leave policy will apply to the CityAdministrator.
7. Business Expenses: The City will reimburse the City Administrator for all reasonableemployment related expenses including, but not limited to, meals, one local civic clubmembership.
8. Automobile Expenses: The City Administrator will be reimbursed for travel costs associated withCity business at the IRS mileage rate.
9. Phone: Either an allowance or a Smart Phone will be provided.
10. Dues, Subscriptions, and Continuing Education: The City shall budget and provide for theprofessional dues and subscriptions for the City Administrator which are deemed reasonableand necessary for the City Administrator's participation in national, regional, state and localassociations necessary and desirable for the City Administrator's continued professionalparticipation, growth and advancement. This shall include but not be limited to theInternational City/ County Management Association ( ICMA) Iowa City/ County ManagementIaCMA) and Iowa League of Cities. All activities included in this section shall be budgeted for
annually and are subject to Council approval.
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11. Professional Development: The City shall budget and pay up to the amount budgeted,necessary and reasonable for registration, travel and subsistence expenses of the CityAdministrator for professional and official travel, meetings and occasions adequate tocontinue the professional development of the City Administrator to adequately pursuenecessary official and other committees thereof which the City Administrator serves as amember. The City Administrator shall use good judgment in his outside activities so he willnot neglect his primary duties to the City. Professional development events include the ICMAand IaCMA Conferences, and Iowa League of Cities events.
12. Moving and Relocation Expenses: The City shall pay up to$ 8,000 or actual costs (whichever ischeaper) for moving the City Administrator's household goods, one vehicle and travel for theCity Administrator and his family from his current home to within the city limits of Ottumwa.The Administrator shall provide receipts for all moving related expenses to the City beforereimbursement of costs.
13. Outside Activities: The employment provided for by this Agreement shall be the CityAdministrator's sole employment. Recognizing that certain outside consulting or teachingopportunities provide indirect benefits to the City and the community, the City Administratormay elect to accept limited teaching, consulting or other business opportunities with theunderstanding that such arrangements shall not constitute interference with or be a conflictof interest with his responsibilities under this Agreement. Any such activities shall be pre-approved by the council.
14. Compliance with Laws and Regulations: In providing services hereunder, the CityAdministrator shall abide by all statutes, ordinances, rules and regulations, including all non-discrimination laws, pertaining to the provisions of services to be provided. Any violationshall constitute a material breach of this Agreement and entitle the City to immediatelyterminate this Agreement notwithstanding other termination provisions contained herein.
15. Indemnification: The City shall defend and indemnify the City Administrator pursuant to IowaStatutes Sections. In addition, the City shall defend, hold harmless, and indemnify the CityAdministrator from all alleged violations of torts, statutes, laws, rules, and ordinances,provided the City Administrator was acting in the performance of the duties of the position.The City will compromise and settle any such claims or suit and pay the amount of anysettlement of judgment thereon.
16. Bonding: The City shall bear the full cost of any fidelity or other bonds required of the CityAdministrator under law or ordinance.
17. Complete Agreement. This Agreement constitutes the entire agreement between the partiesand supersedes any oral or written agreements between the parties. This Agreement mayonly be modified by written agreement signed by both parties.
18. Governing Law. This Agreement shall be interpreted in accordance with the laws of the Stateof Iowa.
19. Severability. The parties covenant and agree that the provisions herein are reasonable andnot known to be in violation of any federal, state, or local law or regulation. In the event that acourt of competent jurisdiction finds any provision contained herein to be illegal or
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unenforceable, such court may modify that provision to make it valid and enforceable. Thedeclaration of a provision as unenforceable shall not invalidate any other provision of thisAgreement.
This Agreement is now being executed by the parties as of the date stated at the beginning of thisAgreement.
City of Ottumwa, Iowa
ATTEST:
G/ / dalMayor
City Cler
ByAndrew Morris
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