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Council Packet - 4/24/2017
THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, April 24, 2017 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 303 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Bruce Jacobs, Ward 2 Council Member Agenda, as proposed or amended. Minutes of April 17, 2017, Regular Session, as proposed. Proclamation declaring April 23 - 29, 2017 as Arbor Week. Proclamation declaring May 2017 as Historic Preservation Month. ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 1. Consent Agenda: (The following items will be acted upon by voice vote on a single motion without separate discussion, unless someone from the council or public requests that a specific item be considered separately.) A. Resolution to approve the following: 1. Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution approving abatement of assessments listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk 3. Resolution approving request of Jill Kraayenbrink for a waiver for a concrete driveway located at 308 Lewis Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right of way on an unimproved street. Submitted By: Eric Thorson, PE, City Engineer 4. Resolution Electing Classifications and Procedures for proposed Bond Projects as listed in the requested Waterloo Project Allocations 2017 Bond Issue Summary for the FY2018 projects. Submitted By: Michelle Weidner, Chief Financial Officer 5. Resolutions setting the date of public hearing as May 8, 2017 on the proposed issuance of the following bonds for project classifications and instruct the City Clerk to publish said notice. (Details on projects covered by each hearing are on Page 2 of 303 file for review.) (a) ECP -2 - Not to exceed $200,000 General Obligation Bonds (Essential Corporate Purpose) (b) GCP-3 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (c) GCP-4 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (d) GCP-5 - Not to exceed $500,000 General Obligation Bonds (General Corporate Purpose) (e) GCP-6 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (f) ECP -UR # 7 - Not to exceed $3,000,000 General Obligation Urban Renewal Bonds (Essential Corporate Purpose) Submitted By: Michelle Weidner, Chief Financial Officer 6. Resolution setting date of public hearing as May 8, 2017, for a request by Village Properties LLC, to enter into a development agreement to vacate, sell and convey a rectangular portion of public alley right-of-way, located adjacent and north of 1118 Ansborough Avenue for $1.00, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director B. Motion to approve the following: 1. TRAVEL REQUESTS a. Bob Osgood, Chief Plumbing Inspector Class/Meeting: IAPMO 88th Annual Education and Business Conference (IAAssociation of Plumbing and Mechanical Officials) Destination: Anchorage, AK Dates: September 24- Amount not to exceed: $575.00 29, 2017 b. Captain Mohlis Class/Meeting: Public Information Officer (P1O) Training Conference Destination: Aurora, CO Dates: May 7-10, 2017 Amount not to exceed: $1,773.00 2. LIQUOR LICENSES a. Basal Wood Fired Pizza, 223-225 W. 4th Street Class: C Liquor w/Outdoor Service New Application Does not include Sunday Expiration Date:4/30/2018 b. Cork's Grocery, 1956 Lafayette Street Class: C Beer Renewal Application Includes Sunday Expiration Date: 4/30/2018 c. Dollar General Store #10073, 3815 University Avenue Class: B Wine / C Beer Page 3 of 303 Renewal Application Includes Sunday Expiration Date: 2/28/2018 d. Half Pint Saloon, 1831 Independence Avenue Class: C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 4/18/2018 e. Iry Warren Memorial Golf Course, 1000 Fletcher Avenue Class: Special Class C Liquor w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 3/31/2018 f. Panchero's Mexican Grill, 2845 Crossroads Blvd. Class: B Beer w/Outdoor Service Renewal Application Includes Sunday Expiration Date: 3/31/2018 g. Sam's Club #6514, 210 E. Tower Park Drive Class: B Wine / C Beer / E Liquor Renewal Application Includes Sunday Expiration Date: 2/28/2018 3. Bonds. PUBLIC HEARINGS 2. Request by Mark White Construction on the behalf of Fusion Real Estate, LLC, for a Site Plan Amendment to the "C -P" Planned Commercial District, to allow for the construction of an 12,000 square foot, indoor dance studio, with a 51 -stall parking lot, located north of 1730 West Ridgeway Avenue. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director 3. Sale and conveyance of city owned property located west of 2010 West Ridgeway Avenue (Denso), to Kwik Trip, Inc. in the amount of $1.00, and approving Development Agreement and Offer to Purchase. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on File. Motion to close hearing and receive and file oral and written comments. Resolution approving a Purchase Agreement between Kwik Trip, Inc. of LaCrosse, Wisconsin and the City of Waterloo, Iowa, for the purchase of city owned property Page 4 of 303 located west of 2010 West Ridgeway Avenue, in the amount of $1.00, and authorize Mayor to execute said agreement. Resolution approving sale and conveyance of city owned property located west of 2010 West Ridgeway Avenue (Denso), to Kwik Trip, Inc. of LaCrosse, Wisconsin, in the amount of $1.00, and authorizing Mayor and City Clerk to execute necessary documents. Resolution approving a Development Agreement between Kwik Trip, Inc. of LaCrosse, Wisconsin and the City of Waterloo, Iowa, for the development of property located west of 2010 West Ridgeway Avenue, and authorize Mayor to execute said agreement. Submitted By: Noel Anderson, Community Planing & Development Director 4. Sale and conveyance of city -owned property located at 1330 Scott Avenue to Tim Moyer in the amount of $28,000 and approve development agreement. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance of 1330 Scott Avenue to Tim Moyer for $28,000, and authorize City Attorney to prepare and deliver deed accordingly. Resolution approving Development Agreement and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson -Community Planning and Development Director 5. F.Y. 2017 Flood Control Gatewell Repairs, Contract No. 918 Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Jamie Knutson, PE, Associate Engineer 6. FYE2017 Budget Amendment. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution to approve said budget amendment. Submitted By: Michelle Weidner, Chief Financial Officer 7. Purchase of one (1) automated side -load garbage truck for the Sanitation Department. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids and refer to Interim Public Works Director for review. Submitted By:Sandie Greco, Interim Public Works Director Page 5 of 303 8. Purchase of two (2) compact pickup trucks for the Engineering Department. Hearing cancelled - no bids received. Submitted By: Sandie Greco, Interim Public Works Director RESOLUTIONS 9. Resolution approving the FY 2018 Ambulance Fee Schedule. Submitted By:Pat Treloar, Fire Chief 10. Resolution approving Agreement with Cedar Valley Catholic Schools allowing use of Bontrager Park for football practice, and authorize Mayor and City Clerk to execute said agreement. Submitted By: Paul Huting, Leisure Services Director 11. Resolution approving a one year farm lease agreement for 2017 with Doug Bruns to farm approximately 28.4 acres of land generally located south of Highway 20 and west of Kimball Avenue for a total yearly payment of $800.00 and authorize Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director 12. Resolution approving award of contract to Gametime CIO Cunningham Recreation of Charlotte, North Carolina, in the amount of $44,855.86; and approving the Contract, Bonds, and Certificate of Insurance for the FY2017 Highland Park Playground Project; and authorize Mayor and City Clerk to execute said documents. Submitted By: Travis Nichols, Facilities/Project Manager 13. Resolution approving the Nevada Street Railroad Crossing Surface Repair Agreement, with the Iowa Department of Transportation and the Chicago Central and Pacific Railroad Company, for the repair of one surface crossing totaling 78 -lineal feet, for a project total of $133,389 with the city's cost at $27,177.80. Submitted By: Jeff Bales, Associate Engineer 14. Resolution approving the East 4th Street Railroad Crossing Surface Repair Agreement with the Iowa Department of Transportation and the Chicago Central and Pacific Railroad Company, for the repair of three surface crossings totaling 288 -lineal feet, across the Canadian National Railroad Yard, for a project total of $394,123, with the city's cost at $79,824.60. Submitted By: Jeff Bales, Associate Engineer 15. Resolution awarding bid in the amount of $117,794.65 to Pritchard Auto Company of Britt, Iowa, for One (1) service truck for the Sewer Department. Submitted By:Sandie Greco, Interim Public Works Director 16. Resolution approving award of hotel/motel tax council discretionary funds to the Bosnian Cultural Foundation in the amount of $10,000, the Waterloo Homecoming Association in the amount of $10,000, Main Street Waterloo in the amount of $10,000, Leisure Services Golf in the amount of $10,000, North End Cultural Center in the amount of $5,000, Aspire Therapeutic Riding Program in the amount of $8,000, and the Waterloo Police Department in the amount of $30,000. Page 6 of 303 Submitted By: Michelle Weidner, Chief Financial Officer 17. Resolution approving conflict of interest waiver between the City of Waterloo and Ahlers & Cooney, P.C. for work on a 28E Agreement between Hawkeye Community College and the City of Waterloo. Submitted By: David R. Zellhoefer, City Attorney ORDINANCES 18. Request of the City of Waterloo to amend the 2007 City of Waterloo Code of Ordinances, by adding to Title 6, Motor Vehicles and Traffic, a new Chapter 7, Parking in Residential Areas. Motion to receive, file, consider and pass for the first time an Ordinance Amending the 2007 City of Waterloo Code of Ordinances, by adding to Title 6, Motor Vehicles and Traffic a new Chapter 7, Parking in Residential Areas. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director OTHER COUNCIL BUSINESS 19. Motion to approve change order #5 and #6 for a total increase of $3,460, to Lodge Construction of Clarksville, Iowa, in conjunction with the Sherwood Recreation Area, Phase 2 Improvements Project. Submitte By: Travis Nichols, Facilities/Project Manager Leisure Services ADJOURNMENT Motion to adjourn. Kelley Felchle City Clerk MEETINGS 4:20 p.m. Council Work Session, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers PUBLIC INFORMATION 1. Leisure Services Commission Minutes of February 14, 2017. 2. Leisure Services Commission Minutes of March 14, 2017. 3. Community Development Board Meeting Minutes April 18, 2017 Page 7 of 303 CITY OF WATERLOO Council Communication Minutes of April 17, 2017, Regular Session, as proposed. City Council Meeting: 4/24/2017 Prepared: REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 4/18/2017 - 10:31 AM ATTACHMENTS: Description Type D Minutes of 4.17.17 Backup Material Submitted by: Submitted By: Page 8 of 303 111, V JL411V11 Vl L11, V1 LJ Vl VV LLL,11VV, Alf VV LL, 111,L 111 1\, ,L41LL1 4l VUU1V11 LLL 11W1 VILA L. VVLL,' VVLL11 V11 ._11LL111V,1 U, Waterloo, Iowa, at 5:30 p.m., on Monday, April 17, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence. Pledge of Allegiance: Tom Powers, Ward 1 Council Member 146296 - Welper/Schmitt that the Agenda, as amended, delete Consent Agenda item # 1.B.2.d, a Liquor license for the Kings and Queens, 304 W. 4th Street *Adding Outdoor Services*, the item is removed due to changes in initial design plan requiring approval of main Street Committee; amend resolution item #11, Resolution approving contract with Strand Associates to update facility plan and prepare a Nutrient Reduction Study, in an amount not to exceed $214, 000, and authorize Mayor to execute said document, the amendment is to clarify purpose of agreement and include contract amount; withdraw item #7, Resolution approving a Development Agreement between Kwik Trip, Inc., and the City of Waterloo for the construction of a $1,850,000 convenience store and $760,000 car wash in the San Marnan TIF District at the intersection of Fisher Drive and Ansborough Avenue, offering seven (7) years of tax rebates at 85 percent for the first five years and 80 percent for the final two years, and authorize Mayor and City Clerk to execute all necessary documents, the Regular Session on Monday, April 17, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Noel Anderson, community Planning and Development Director, explained that they would like to delete item seven in order to address requests for further information. 146297 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 10, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Hart read a Proclamation declaring April 23-30, 2017 as Days of Remembrance. Mayor Hart read a Proclamation declaring April 17-23, 2017 as National Community Development Week. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, questioned if any employment will be gained by the Kwik Trip diesel site and explained that he requested that a traffic counter be placed at Park Avenue Bridge and did not like that he was told that he would need to fill out a form at City Hall to request the information. Noel Anderson, Community Planning and Development Director, explained there would be a building at the Kwik Trip diesel plant with a staffed person; however the majority of the time the station would be unmanned, with key card entry. David Dryer, 3145 W. 4th Street, questioned why the hours at the yard waste recycling center had been changed to 7:00 a.m. to 6:00 p.m., and requested that the hours be changed back to 8:00 a.m. to 7:00 p.m., further explaining that people that work until 5:00 p.m. cannot get to the recycling yard in time. Darrel Thomas, 200 Bertch Avenue, questioned what happens to a vehicle that is used in a crime and questioned if the car could be impounded. Dan Trelka, Police Chief, explained that vehicles are seized by the Police Department for them to use or dispose of, and added that an ordinance exists to charge a fee for this as well. 146299 - Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated April 17, 2017, in the amount of $2,301,259.17 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2017-270. 2. Resolution setting date of public hearing for April 24, 2017, to approve the request by Tim Moyer to purchase city -owned property, located at 1330 Scott Avenue, in the amount of $28,000, approve development agreement and direct the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-271. 3. Resolution setting date of public hearing as May 1, 2017 for the sale and conveyance of city - owned property located at 525 E. 4th Street in the amount of $58,500.00 to First Presbyterian Church, including up to $2,000.00 in closing costs and instruct City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-272. 4. Resolution setting date of hearing as April 24, 2017 for an amendment to the FYE2017 Budget; and instruct the City Clerk to publish notice. Resolution adopted and upon approval by Mayor assigned No. 2017-273. 5. Resolution approving request from the Memorial Day Board to hold a Memorial Day Parade on May 29, 2017 from 8:45 a.m. to 11:45 a.m. with an honor guard salute and a parade route utilizing Commercial, 5th, Park Avenue and Mulberry Streets, requiring barricades. Resolution adopted and upon approval by Mayor assigned No. 2017-274. 6. Resolution rescinding resolution 2016-987, adopted on December 19, 2016, to correct Iowa DOT Agreement Number from 2015 ICAAP-05 to 2017-ICAAP-02 and authorizing Mayor and City Clerk to execute all necessary documents. Resolution adopted and upon approval by Mayor assigned No. 2017-275. 7. Resolution approving request from Scott Yount for a waiver for a concrete driveway located at 156 Lichty Blvd. with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2017-276. 8. Resolution approving request from Lynn Bowers for a waiver for a concrete driveway located at 112 Sidehill Drive with the elimination of the sidewalk section due to the inability to meet grade requirements. Resolution adopted and upon approval by Mayor assigned No. 2017-277. b. Motion to approve the following: Travel Requests 2. a. b. c. Approved Beer, Liquor, and Wine Applications Name & Address of Business Class New or Renewal Expiration Date Includes Sunday Casey's General Store #2880, 1604 LaPorte Road *Ownership Update* C Beer New 4/19/2017 X Dollar General Store #7136, 66 E. Tower Park Drive B Wine / C Beer Renewal 2/28/2018 X Your Pie, 126 E. Ridgeway Avenue Special C Liquor BW w/Outdoor Service New 4/5/2018 X 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Nicole Rand ADA Compliance Commission 4/17/2020 New 4. Recommendation of appointment of Jesse Gaherty, from the Civil Service list, to the position of Maintenance Foreman at the Waste Management Department effective April 18, 2017. 5. Motion to approve Exception to Burning Yard Waste Application by Dennis Clark to burn native prairie grasses, marsh habitats and small shrubs and trees, on approximately 1 1/2 acres located at 2204 Ashland Avenue, during March and April and again in September and October. 4. Bonds. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart recognized Nicole Rand and thanked her for her commitment and dedication to serve on the ADA Compliance Commission. Mayor Hart recognized the promotion of Jesse Gaherty to Maintenance Foreman at the Waste Management Department. PUBLIC HEARINGS 146300 - Schmitt/Amos that proof of publication of notice of public hearing on FY 18 One Year -Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls HOME Consortium, as published in the Waterloo Courier on April 10, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments. Rudy Jones, Community Development Director, explained the program and funding. Tricia King, Eye of the Needle, commented that she had submitted a report on the services the organization provides and is available if there were any questions. Chuck Rowe, Boys and Girls Club Director, thanked the council for the support and funding they've received over the years. He further explained how funds are used. that the hearing be closed and oral and written comments and recommendation of approval of Community Development Board be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 146302 - Schmitt/Lind that "Resolution approving proposed funding recommendations set forth by the Community Development Board for the FY18 One -Year Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls Consortium", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Mr. Amos commented that in the communication from the Boys and Girls Club there is a request for funds, however no funds are designated, and questioned why they did not receive funds. Rudy Jones explained the review process for applications and that following the publication of requests, the Boys and Girls Club submitted an amendment reducing the amount they were requesting. He further explained that in light of the comprehensive project in the Walnut Neighborhood he felt it would be a good opportunity to help secure that project, as the Boys and Girls Club is an anchor in the neighborhood. Mr. Amos questioned if a motion is necessary to include funds for the Boys and Girls Club, as it wasn't included in the original award request. Rudy Jones explained that Council can amend the proposed awards. Mr. Amos questioned the wording for the amendment. Rudy Jones commented that the second and third year funds could be greatly affected by current discussions by the legislature, and recommended a contingency plan. Mr. Morrissey questioned where the funds would come from if the Boys and Girls Club was added to the award. Rudy Jones explained where to find the information in the attachment. Mr. Morrissey questioned if the funds should be taken away from repairing homes in order to give additional funding to the Boys and Girls Club. Rudy Jones explained that staff salaries are calculated based on guidelines and set up to 20% of total funds per year. By reducing salaries, it reduces staffing's ability to perform those rehabilitation tasks. Typically rehabilitation projects run approximately $30,000 per unit, therefore this action would reduce the number of units by one. Mr. Morrissey questioned if the Neighborhood Services role is for Ms. Smith's position. Rudy Jones explained that hers is a temporary position and that this would be for fully funding the position. Mr. Welper asked for further clarification on the recommended funding for the Boys and Girls Club. Rudy Jones explained that he believed that $30,000 would be more appropriate for the first year, and that due to the changed political climate it makes it difficult to guarantee years two and three. 146303 - Amos/Schmitt Motion to amend the awards to award the Boys and Girls Club $30,000 for a single year and that those funds will come from the single-family rehabilitation line item. Roll call vote -Ayes: Seven. Motion carried. Rudy Jones explained the objectives of the grant. Mayor Hart asked Chuck Rowe about the economic status of those served. Chuck Rowe explained that the Boys and Girls Club provides opportunities to low-income youth and those that attend the club get better grades and get in trouble less. Mayor Hart explained additional advantages and services available by having the Boys and Girls Club in the community. Mr. Morrissey questioned the impact of the durability of the program if no funding is given. Chuck Rowe explained that the club has been in the community since 1965 and it isn't going anywhere. There is a lot of community support, so if the city does not approve the funding, there are other sources. He added that this particular project is to help re-establish the Waterloo site on Lime Street, which needs a lot of care. Mayor Hart commented that the $30,000 is an investment in the community, young people, and the elimination of slum and blight, but is a drop in the bucket for what is needed for the project. Mr. Powers explained that he would like to be part of helping out the club. Mr. Morrissey commented that it is very sad that the council has to discuss making cuts to organizations and parts of the community that need the most monetary assistance. Mayor Hart explained that this is a great opportunity to support the club. Resolution adopted and upon approval by Mayor assigned No. 2017-278. 146304 - Lind/Amos that proof of publication of notice of public hearing on the purchase of one (1) cargo van for the Traffic Operations Department, as published in the Waterloo Courier on March 31, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146305 - Lind/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146306 - Lind/Amos that "Resolution confirming approval of specifications, bid document, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-279. 146307 - Lind/Amos that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-280. 146308- Lind/Amos Hudson, IA .Z9,ZSUZ Mayor Hart questioned why only one bid was received. Sandie Greco, Interim Public Works Director, explained that the bid documents were sent out to four to five vendors, but only one responded. Voice vote -Ayes: Seven. Motion carried. 146309 - Welper/Lind that proof of publication of notice of public hearing on the purchase of one (1) 2017 service truck for the Sewer Department, as published in the Waterloo Courier on April 3, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146310 - Welper/Lind that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146311 - Welper/Lind that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-281. 146312 - Welper/Lind that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-282. 146313 - Welper/Lind Motion to receive and file and instruct City Clerk to read bids and refer to Interim Public Works Director for review. Estimate: $115,000 Bidder Bid Amount Pritchard Auto Co. Clear Lake, IA Bid 1: $119,141 Pritchard Auto Co. Clear Lake, IA Bid 2: $117,794.65 Don's Truck Sales, Inc. Fairbank, IA Bid 1: $119,713 (Ford/Stellar) Don's Truck Sales, Inc. Fairbank, IA Bid 2: $119,714.24(Ford/IMT) Voice vote -Ayes: Seven. Motion carried. RESOLUTIONS 146314 - Morrissey/Amos that "Resolution accenting storm sewer easements from Manatts Tnc for construction and 146315 - Morrissey/Amos that "Resolution approving award of contract to Aspro, Inc., of Waterloo, Iowa in the amount of $7,699,490.74, and approving the Contract, Bonds, and Certificate of Insurance for the FY 17 Street Reconstruction Program (Division I + Alternate A + Divisions II, III, & IV), Contract No. 921; and authorize Mayor and City Clerk to execute said documents," be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-284. 146316 - Morrissey/Amos motion approving Final Quantity Summary for a net increase of $13,407.00 for the FY 2016 11th Street Bridge Deck Joint Repairs, Contract No. 890 and authorize the Mayor and City Clerk to execute said document. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart requested additional information on the item. Dennis Gentz, Assistant City Engineer, explained the adjustment was due to additional work needed that was discovered after the project started. Mayor Hart requested that the details of the work needed be submitted and made available for public access. 146317 - Jacobs/Schmitt that "Resolution approving completion of project and recommendation of acceptance of work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, at a total cost of $168,501.75, for the FY 2016 11th Street Bridge Deck Joint Repairs, Contract No. 890, and receive and file two-year maintenance bond," be adopted. Roll call vote -Ayes: Seven. Motion carried. Jim Chapman, 224 Bertch, asked for clarification of agenda item #8 and #9. Resolution adopted and upon approval by Mayor assigned No. 2017-285. 146318 - Jacobs/Schmitt that "Resolution authorizing the Management Information Systems Department to seek proposals for upgrading the Public Access Studio to High Definition Technology," be adopted. Roll call vote - Ayes: Seven. Motion carried. Mr. Schmitt questioned the source of funding for the project. Chris Youngblut, IT Director, explained that this is being funded by bond funds. Mr. Schmitt questioned if cable franchise fees will be used. Chris Youngblut explained that just bond funds would be used. Mayor Hart commented that members of the public have expressed disappointment that the Waterloo Public Access Channel is not available because our system is outdated. Resolution adopted and upon approval by Mayor assigned No. 2017-286. 146319 - Jacobs/schmitt Steve Hoambrecker, Director of Waste Management Services, explained the contract has several different components but it is to maintain compliance with the Iowa DNR. Mayor Hart questioned if other municipalities have completed nutrient reduction studies. Steve Hoambrecker confirmed that Cedar Falls has completed a similar study. Mr. Lind questioned who on staff was on the committee to recommend the company. Steve Hoambrecker explained the Waste Management staff that was included in the committee. Resolution adopted and upon approval by Mayor assigned No. 2017-287. 146320 - Jacobs/Schmitt that "Resolution approving Renegotiated Contract for the period April 1, 2017 through March 31, 2018 by and between Planergy Waterloo, LLC and the City of Waterloo, Iowa," be adopted. Roll call vote -Ayes: Seven. Motion carried. John Sherbon, 1750 Robin Road, questioned the cost of item #12. Steve Hoambrecker, Director of Waste Management Services, explained that due to changes with price of natural gas the contract is for only one year while they explore other options. Resolution adopted and upon approval by Mayor assigned No. 2017-288. ADJOURNMENT 146321 - Welper/Morrissey that the Council adjourn at 6:32 p.m. Voice vote -Ayes: Seven. Motion carried. Kelley Felchle City Clerk CITY OF WATERLOO Council Communication Proclamation declaring April 23 - 29, 2017 as Arbor Week. City Council Meeting: 4/24/2017 Prepared: 4/13/2017 REVIEWERS: Department Reviewer Action Date Mayor Office Westphal, Michelle Approved 4/13/2017 - 11:05 AM Clerk Office Even, LeAnn Approved 4/18/2017 - 11:03 AM ATTACHMENTS: Description Type D Arbor Week 2017 Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Page 17 of 303 CITY OF WATERLOO, I0WA WHEREAS, YWHEREAS, WHEREAS, PROCLAMATION trees provide a pleasing environment in Waterloo for the benefit of our residents and visitors, contributing greatly to our positive image; and the optimum reforestation of Waterloo will require public participation and cooperation, resulting in an attractive community; and the management of trees increases the benefits to our community through planning, planting, maintenance, timely removal and replacement; and the Iowa Legislature has designated the last Friday in April as "Arbor Day" throughout Iowa. NOW, THEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of April 23 — 29, 2017, as ARBOR WEEK in Waterloo, Iowa, and encourage all citizens of Waterloo to celebrate this occasion and the beauty of our city by planting a tree. IN liktITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 24th day of April 2017. ATTEST: OgV Kelley Felchle City Clerk Z.LL-Q/V1-1/L Quentin Hart Mayor CITY OF WATERLOO Council Communication Proclamation declaring May 2017 as Historic Preservation Month. City Council Meeting: 4/24/2017 Prepared: 4/19/2017 REVIEWERS: Department Reviewer Action Date Mayor Office Even, LeAnn Approved 4/19/2017 - 4:01 PM ATTACHMENTS: Description Type D Historic Preservation Month Proclamation Backup Material Submitted by: Submitted By: Mayor Quentin Hart Page 19 of 303 CITY OF WATERLOO, IOWA POCLAMATION yitHEREAs, May is Historic Preservation Month; and ViH REAS, Historic Preservation is an effective tool for economic development, tourism promotion, neighborhood revitalization, fostering local pride, and maintaining overall community character while enhancing livability; and WHEREAS, WHEREAS, WHEREAS, Historic preservation can benefit Americans of all ages, walks of life, and ethnic backgrounds in communities; and It is important to celebrate the role of history in our lives and the contributions made by dedicated individuals in helping to preserve the tangible aspects of the heritage that has shaped us as a people; and The Waterloo Historic Preservation Commission will be holding its annual celebration of those who have made a difference in Waterloo Preservation over the last year on May 4th; and Waterloo currently has 24 National Register listings and 3 Historic Districts plus the Hotel President pending on the Federal Level; and Na , 'TEEREFORE, I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the month of May, as HISTORIC PRESERVATION MONTH f in Waterloo, Iowa, �� IN WITNESS YAHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 24th day of April 2017. ATTEST: Kelley lchle City Clerk Quentin Hart Mayor CITY OF WATERLOO Council Communication Resolution approving abatement of assessments listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. City Council Meeting: 4/24/2017 Prepared: 4/17/2017 REVIEWERS: Department Reviewer Action Date Clerk Office Higby, Nancy Approved 4/17/2017 - 5:31 PM ATTACHMENTS: Description Type ❑ Exhibit A Assessments to Cancel Backup Material SUBJECT: Submitted by: Recommended Action: Summary Statement: Resolution approving abatement of assessments listed on Exhibit A, and authorize City Clerk to notify Black Hawk County Treasurer of said cancellation. Submitted By: Kelley Felchle, City Clerk Approve cancellation of assessments. After further review, these assessments were found to have been assessed in error. Page 21 of 303 Parcel Number Address Sewer Storm Garbage Removal 1 8913-27-382-010 1006 Home Park Blvd. $112.64 $36.57 $101.56 2 8913-22-303-010 536 Evergreen Ave. $56.70 $8.25 3 8913-26-361-011 Vacant lot $12.50 CITY OF WATERLOO Council Communication Resolution approving request of Jill Kraayenbrink for a waiver for a concrete driveway to be located at 308 Lewis Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right of way on an unimproved street. City Council Meeting: 4/24/2017 Prepared: 4/19/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 4/19/2017 - 11:16 AM Clerk Office Even, LeAnn Approved 4/19/2017 - 12:27 PM ATTACHMENTS: Description Type D DW Waiver 308 Lewis St Cover Memo SUBJECT: Resolution approving request of Jill Kraayenbrink for a waiver for a concrete driveway located at 308 Lewis Street and authorizing the construction of a concrete driveway and placing a driveway or sidewalk on city right of way on an unimproved street. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Summary Statement: This waiver is needed because of placing a driveway or sidewalk on City right of way on an unimproved street. I have reviewed this request and recommend its approval subject to the following provisions: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer and at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. Legal Descriptions: LOTS 19 & 20 SHILLIAM'S 4TH ADDITION Page 22 of 303 WAIVER Date: 4-1711-7// Honorable Mayor and City Council City Hall Waterloo, IA 60703 Council Persons: I hereby request a waiver to the driveway and sidewalk specifications for the construction of a driveway or sidewalk located at ((concrete Or asphalt) -243 571 -- This waiver is needed because of: (Address) special surface texture to be used on the concrete approach (i.e., exposed aggregate, brick stamped pattern, paving brick). elimination of the sidewalk section due to the inability to meet the grade requirements. elimination of the sidewalk section for asphalt driveways. placement of a driveway or sidewalk on City right-of-way on an unimproved street. Other: I agree to the following: 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed. 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4, To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only. Attached herewith is a payment in the amount of seven dol recording this agreement. Respectfully submitted, Jill Kat__ {,v►to0 r\k- Printed Name of Property Owner rte__ afs ($7.00) for the purpose of .�►��GL�'ar�5 ure of Prope miva) Owner Page 23 of 303 CITY OF WATERLOO Council Communication Resolution Electing Classifications and Procedures for proposed Bond Projects as listed in the requested Waterloo Project Allocations 2017 Bond Issue Summary for the FY2018 projects. City Council Meeting: 4/24/2017 Prepared: 4/19/2017 REVIEWERS: Department Reviewer Action Date Finance Even, LeAnn Approved 4/19/2017 - 3:48 PM ATTACHMENTS: Description a Waterloo Project Allocations 2017 Bond Issue Summary SUBJECT: Type Cover Memo Resolution Electing Classifications and Procedures for proposed Bond Projects as listed in the requested Waterloo Project Allocations 2017 Bond Issue Summary for the FY2018 projects. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Recommended Action: Summary Statement: This action approves the classifications of the proposed projects for the bond issue. Page 24 of 303 Ninth Revision - 2018-2022 CIP Requests April 6 2017 Current Year Bond Issue Sumn ty9/2017 12:24=Pat eg510f 303 [ 11 AAI' TX to ted A»l t w c7 "ixa tle i b> ..,.., . _..._... � .._.,.,�s n. '!8 .,.., ,.: �l�i ait Cal Equipment to q pment and Vehicles 751,700 2,547,000 329,000 0 ,..; 0 Public Works 170,000 750,000 20,000 0 0 City Facility Management 1,760,000 2,845,000 1,406,000 0 0 Clerks Department 0 0 0 0 0 Community Planning and Development 1,107,500 10,879,500 10,649,500 2,272,000 10,197,000 Cultural and Arts Center 110,000 0 0 0 0 Engineering 2,112,250 4,850,000 2,880,000 0 0 Finance 125,000 125,000 125,000 0 83,000 Fire Rescue 535,000 415,000 95,000 0 0 Information Services 105,000 206,000 81,000 0 0 Leisure Services 636,000 2,020,500 645,000 0 100,000 Police 285,550 505,000 280,000 0 0 Code Enforcment 0 26,000 0 0 0 Airport 0 250,000 220,000 0 220,000 Library 0 60,000 0 Sign and Traffic 302,000 1,080,400 269,500 0 0 :..... tt a 'r Q Debt tetl ._,,.1 I F, l ,41t OU 5 ,Q 1.all,6ftb, ltil;Q T_ Waste Management - GO/State RevolvingLoan Fund 0 1,0+00,000 1,p0y00,n0y00 0 [� �y II n n Ninth Revision - 2018-2022 CIP Requests April 6 2017 Current Year Bond Issue Sumn ty9/2017 12:24=Pat eg510f 303 Pini, Priorit CA 1 1L VW. S� HICTyE '7Requested ro' e TIF Taxable . _ . :i ll .... 1t oject Yi$ $ .:::;>.... ' :: 33;d1 S'- 110 110 1-1 High (11) Police - Replace 7 patrol vehicle per year. 169,700 218,000 150,000 110 H High (17) Animal Control - Replace '05 Former Facilities Maintenance VE 0 35,000 0 110 L Low (09) MIS 0 0 0 110 L Low (11) Police Laboratory Vehicle Replacement 0 0 0 110 L Low (23) Parking Maintenance 0 0 0 110 L Low (26) Center for the Arts 0 0 0 110 L Low (27) Human Rights 0 0 0 110 L Low (30) Housing Authority 0 0 0 110 L Low (32) Community Development 0 0 0 110 L Low (33) Library 0 0 0 110 L Low City Clerk 0 0 0 110 L Low (11) Police Equipment 10,000 35,000 35,000 110 L Low (51) Code Enforcement 0 24,000 0 110 M Med (07) Engineering - Replace 2005 pickups (4) 24,000 24,000 24,000 110 M Med (08) Planning & Zoning - Replace Sedans '05 &'08 0 24,000 0 110 M Med (11) Police Investigation Vehicles. - Replace Sedans '06 (2), '07 (2) 0 25,000 0 110 M Med (12) Fire Rescue - Replace '03 (3) Pick-ups &'06 Utility Vehicle 0 35,000 0 110 M Med (17) Sign & Traffic - Replace '95 '04 Bucket Trucks, '03 &'06 Pick- 100,000 345,000 0 110 M Med (19) Street - Rept. '72 snow blower, loaders, trucks, graders, sweeper 250,000 1,250,000 120,000 110 M Med (22) Building Inspections - Replace Sedans '03 &'05, Replace Pick- 25,000 24,000 0 110 M Med (37) Leisure - Replace multiple pickups, tree spade, lift truck, chippc 50,000 275,000 0 110 M Med (98) Facilities Maintenance - Replace '04 Bucket Truck 25,000 135,000 0 110 M Med (99) Motor Pool - Replace Sedans (2) & Vans (2) 25,000 25,000 0 110 M Med (18) Public Works -Replace '08 &'11 Service Trucks, Replace '051 73,000 73,000 0 .4 ........ Tota Cap1is' qu12,_ c: 1 9? 54'7,0 3� ,11llip ,. ... 0. Ninth Revision - 2018-2022 CIP Requests April 6 2017 Cap Equip 4/19/2017 12:R aIq e' of 303 Prnj . Prlo. -T+ aApproved TIF Taxable Rtk E 6 e 231 M Med Exterior Painting of Public Works Bldg 0 25,000 0 233 M Med Construction of Storage Building 170,000 250,000 0 46 M Med Vehicle Automated Wash System 0 270,000 0 229 H High Public Works Fuel Distribution Site 0 75,000 0 H High Wireless Vehicle Lifts 0 110,000 0 H High Traffic Control Center Upgrade 0 20,000 20,000 164 H High Central Garage Overhead Crane 0 0 0 �Ql u11taeVor U0110:.. �aia__#I�UD II! Ninth Revision - 2018-2022 CIP Requests April 6 2017 Pubic Works 4/19/2017 12:OPP4EPRIT bf 303 Prod itgy Project 117:CI1 u o ilApproved Rink 121 H High - 2 City Facility New Construction/Remodeling Fund 80,000 130,000 176,000 101 H High - 3 5 Sullivan Bros Convention Cntr Improvements 500,000 750,000 700,000 37 L Low - 1 Swimming Pool Renovations 10,000 80,000 20,000 106 H High - 4 ADA Compliance 50,000 50,000 20,000 36 M Med - 2 Library Improvements - Mtg. Rooms, Park. Lot 50,000 50,000 0 H High Library Improvements - Outside Bldg. Maint. 0 60,000 10,000 23 M Med Fire Station Improvements 20,000 24,000 0 M Med Fire Rescue - HAZMAT Center 0 51,000 0 127 H High - 1 Downtown Parking Garages 300,000 500,000 200,000 47 M Med Center For The Arts - General Maintenance 50,000 20,000 20,000 M Med Center For The Arts - Restroom Expansions 0 200,000 110,000 H High Center For The Arts - Fire Alarm 0 50,000 0 41 M Med - 1 Art Center Parking Lot 700,000 700,000 0 M Med - 2 Sportplex 0 30,000 0 H High Structural & Mechanical Audit - City Bldgs 0 150,000 150,000 43 L Low - 2 Public Market Facility Maint. Program 0 0 0 Tobi „ Eiy icy; a 0 s4 I 6 Q f: .,....:Q ..., . Ninth Revision - 2018-2022 CIP Requests April 6 2017 Current Year Bond Issue Fac M0114)/2017 12:21PegePaB Of 303 P %vx "TY'ME.- ested Approved I >� Taxable 121 H High - 2 City Facility New Construction/Remodeling Fund 80,000 130,000 176,000 101 H High - 3 5 Sullivan Bros Convention Cntr Improvements 500,000 750,000 700,000 37 L Low - 1 Swimming Pool Renovations 10,000 80,000 20,000 106 H High - 4 ADA Compliance 50,000 50,000 20,000 36 M Med - 2 Library Improvements - Mtg. Rooms, Park. Lot 50,000 50,000 0 H High Library Improvements - Outside Bldg. Maint. 0 60,000 10,000 23 M Med Fire Station Improvements 20,000 24,000 0 M Med Fire Rescue - HAZMAT Center 0 51,000 0 127 H High - 1 Downtown Parking Garages 300,000 500,000 275,000 47 M Med Center For The Arts - General Maintenance 50,000 20,000 20,000 M Med Center For The Arts - Restroom Expansions 0 200,000 110,000 H High Center For The Arts - Fire Alarm 0 50,000 0 41 M Med - 1 Art Center Parking Lot 700,000 700,000 0 M Med - 2 Sportplex 0 30,000 0 H High Structural & Mechanical Audit - City Bldgs 0 150,000 150,000 43 L Low - 2 Public Market Facility Maint. Program 0 0 0 . _,... ' #.. £y: ac Ma ayes iso . �i '�. .....,: r. �"f�����U4 0 45 U ., �r�YJ3��l!;�.., 7�V�f�1��o n ....:..... ........11 Ninth Revision - 2018-2022 CIP Requests April 6 2017 Fac Mgmt 4/19/2017 12:0EP2481 bf 303 1roj Prior y CLARKS FYI C N$ std Loye,:.„, ' sib H High None 0 0 p Total Cle ks Ninth Revision - 2018-2022 CIP Requests April 6 2017 Clerks 4/19/2017 12:O f bf 303 P 6 Prrox� y CQMMUNEL PMENT[�7G 1� `� IPIi I� l id CIP e u s# .per©� 1 TIII+' Taxa b e .......: Ranh �_._...�_ Proect .. ...._:: ..r,.,..,3,�.._..,�„ �..,,,,�. �XB,:, WF� ��, 107 H High - 5 Downtown Development Plan 80,000 80,000 75,000 75,000 79 H High -1 Downtown Acquisitions 500,000 200,000 0 125 L Low - 2 MidPort 0 0 0 54 L Low - 8 Bikeway Development 0 30,000 0 55 H High - 4 Rath Tax Increment 300,000 225,000 397,000 397,000 397,000 152 L Low - 1 Logan Tax Increment 0 0 0 58 M Med - 1 GIS/GPS Mapping 5,000 0 0 33 L Low - 4 San Martian Drive Economic Development 0 0 0 34 H High - 2 Demolition Projects/Housing Incentives 100,000 200,000 300,000 90 L Low - 3 Chamberlain Demolition & Redevelopment 0 30,000 15,000 172 H High - 3 Martin Road Tax Increment 30,000 1,800,000 1,800,000 1,800,000 1,800,000 112 L Low - 5 Housing Development - Ray Tiller Sewer 50,000 50,000 0 185 L Low - 7 Northeast Industrial Park 0 0 0 248 M Med - 3 Complete Streets 0 222,000 20,000 H High Tech Works - Green Hotel/Corp. Training Cntr. 8,000,000 8,000,000 8,000,000 8,000,000 225 H High - 6 Comprehensive Plan Update 42,500 42,500 42,500 226 M Med - 2 Northeast Arterial Plan 0 0 0 w, #ai P a ga i1I D ,e Ai tt m ..._ 7 a%IO Q 9 ' 1Oi .04 Ninth Revision - 2018-2022 CIP Requests April 6 2017 Planning 4!19!201712:0p'bf 303 ProfPriority r - %d X17 (I P queste A proved T ax'ble a pJ' 0 p H High - 1 Street Rehab - Livingston Ln & Betsworth Dr. 0 0 H Med - 2 Replace Vehicles - Airport Admin. 0 0 0 H High - 2 Replace Fuel Mgt. System for Aiport Vehicles 0 0 0 H High - 1 Replace Parking Lot Equipment 0 250,000 220,000 220,000 H High - 1 Rehab FBO Swieter, ARFF Parking Lots 0 0 H High - 1 Rehab Terminal Area Parking Lots 0 0 0 H High - 1 Street Rehab - Airport Blvd. 0 0 0 ir ...m. AQ �l9 . D`Ofl04. Ninth Revision - 2018-2022 CIP Requests April 6 2017 Page 1 Page 32 of 303 roj. Prix-=. - NCINE 7 -ti,, FY17 CR,QIquested API -roved `. ,r `a' nbk 81 H High - 5 Flood Control Improvements 450,000 650,000 90,000 H High - 6 Flood Control (2016 Flood Issues) 0 380,000 90,000 83 L Low Cloverdale Acres Storm Water - North 0 0 0 52 H High -2 Sidewalk Repair/ADA Ramp Compliance 257,250 450,000 300,000 167 L Low Clark Street Drainage Improvements 0 0 0 75 L Low Lower Sink Creek Improvements 0 0 0 16 H High - 8 Bikeway Maintenance 25,000 50,000 10,000 80 L Low Allen Hospital Area Storm Water Improvements 0 0 0 124 H High - 10 4th St Bridge Walkway Canopy Repairs & Painting 0 100,000 40,000 193 L Low Bridge Inspections 0 0 0 69 L Low Hammond Ave Paving 0 0 0 61 H High - 4 Virden Creek Levee 0 1,800,000 1,650,000 62 H High - 3 Levee Clear Zone Tree Removal 350,000 300,000 200,000 91 L Low Delane Avenue Drainage Project - Phase II 100,000 0 0 26 H High - 1 US Hwy 63 (South Segment) - Match 500,000 500,000 500,000 82 L Low Downtown Brick Repairs 0 0 0 175 H High -7 Bridge Repairs - Various Locations 200,000 300,000 0 74 L Low Park Avenue Bridge Replacement 80,000 0 0 20 H High - 9 Entertainment Area Parking Lot (Dental Lab) 100,000 40,000 0 53 L Low Hammond Ave Bridge Replacement 0 0 0 57 L Low Sergeant Rd Bike Trail Bridge Replacement 0 0 0 27 L Low Virden Creek Dam Repairs 0 0 0 251 M Med - 1 Sidewalk Infill 0 140,000 0 22 M Med -2 Storm Sewer improvements 50,000 140,000 0 nta n tii v ff 1: 4, Si , ._ 2, Sf i },p,,,' 0 ~ 0 Ninth Revision - 2018-2022 Clip Requests April 6 2017 Eng 4/19/2017 12:0E,PSS bf 303 Ninth Revision - 2018-2022 CIP Requests April 6 2017 Cult & Arts 4/19/2017 12:0p:".•EP ljf 303 f.'� �_....,.;. 1\iii _.,..,, _ ..� - ' At W,,.,.:✓, r "" 60,000 4 0 . �O i_... 40 H High Center for the Arts 76 H High Youth Pavillion 30,000 0 25 H High Amphitheatre 20,000 0 13Q $ � Q 0: Ninth Revision - 2018-2022 CIP Requests April 6 2017 Cult & Arts 4/19/2017 12:0p:".•EP ljf 303 45: Priori FY17G'l<ti l slueApproved tic l„e.... of is "_ Raskeject Y tl ,.. 1S $ 109 H High- 1 G.O. Bond Costs 125,000 125,000 125,000 83,000 Total + na a ,0 ,.. 12S a Ninth Revision - 2018-2022 CIP Requests April 6 2017 Finance 4/19/2017 12:op ePbf 303 Ftp .. _:, Frio rid .,, r: )r� JRI E XJ cl p MX 4 zab)a, Prbect....XII.,... ;,:.T 1X'18_....'. ,.n H High Command Vehicle Replacement 0 100,000 75,000 M Med Replace Unit #329 0 90,000 0 161 H High Replace Engine #303 0 0 0 156 H High Equipment and Uniforms 30,000 80,000 20,000 108 H High New Aerial Truck (Ladder) 450,000 0 0 30 H High Brush Truck Replacement 55,000 145,000 0 236 H High Ambulance Replacement ,... -. :"'- :,.. ...... :� © 1' 1[, „ ',-, �a4t 1V1�+.:.: ....... .: . ... r... .....,.::....... .: cll0 ...... �;y�!� € �r �0 -:: �1 7 QE1 �L AA0 ,� . �::.:i ono ... '` Ninth Revision - 2018-2022 CIP Requests April 6 2017 Fire 4/19/2017 12:1P eP243 bf 303 Froj. P o M*�N It G 1?Y17 u pp�o ed TI Tuiraisle ink Proje � _,. FYI8 ds.__ 58 H High Geographical lnformatian Systems (GIS) 0 50,000 50,000 138 M Med Communications Medium Modernization 25,000 25,000 0 234 H High CATV Stuido Upgrades 0 91,000 45 M Med Computer/Technology Replacement Program 40,000 40,000 10,000 238 H High Business Continuity (Offsite Backup/Disaster Re 40,000 0 21,000 'xi ta foxM,to i rtes . .. ,,,... Q ,$(� 1 ,- 0 1 ....,.. 1 Ninth Revision - 2018-2022 CIP Requests April 6 2017 IT 4/19/2017 12:0P 1 iEP�I� 1 f 303 to i. Priorly T PTBIII IEI SSI 1�' � Irl este Sp0,oved TTE #xa le 1'roYe, 0..., , 15 H High - 4 Golf Course Improvement Fund 70,000 150,000 60,000 14 H High - 2 Park Improvement Fund 50,000 100,000 60,000 122 M Med - 2 Riverview Park Improvements 0 15,000 0 18 H High - 12 Riverfront Stadium Improvement Fund 25,000 100,000 40,000 40,000 148 H High - 6 Sports Facilities Improvement Fund 30,000 100,000 20,000 H High - 12 Downtown Area Maintenance Bldg. 0 250,000 0 L Low Sportsplex Improvement Fund 0 30,000 0 19 L Low - 1 Tennis Improvements 0 7,500 0 184 H High - 8 Off Road Maintenance Equipment - Parks 100,000 265,000 40,000 113 H High - 9 Off Road Maintenance Equipment - Golf 78,000 238,000 50,000 115 H High - 11 Off Road Maintenance Equipment - DT 25,000 40,000 0 120 H High - 10 Off Road Maintenance Equip. Young Arena 0 25,000 0 39 H High - 5 Young Arena Improvements 40,000 100,000 60,000 60,000 119 H High - 3 Chemical Storage Building 0 35,000 15,000 111 H High - 7 DT Area Maint. Infrastructure Imp. & Rep. 10,000 35,000 0 38 L Low - 3 Equipment Storage Building 0 100,000 0 131 M Med - 1 Katoski Greenbelt Maintenance 5,000 5,000 0 29 H High -1 Ash Replacement Program 200,000 300,000 300,000 77 M Med - 4 Playground/Park Inspection and Software 3,000 25,000 0 L Low - 2 Security System for 1101 Campbell Ave 0 40,000 0 249 M Med - 3 Riverview Park Jetty Stabilization 0 60,000 0 Tpt l � ts>a � rWYces , . fi I 11 1F2t1 111 oOU r 4 W.,. .Q,011p Ninth Revision - 2018-2022 CIP Requests April 6 2017 Leis Ser 4/19/2017 12:OFFVEIP bf 303 P o Y - , riori .. !r , , G 1' q S CL A droved T. Taxable H High RFID Security Gates 0 0 0 H High DVDBIu Ray Theft Reduction 0 660,000 0 Ninth Revision - 2018-2022 CIP Requests April 6 2017 Libr 4/19/2017 12:0paePa9 Ijf 303 Projf ' 'riority 1'©>l>CG1 I Y O>I1' I2 u tie Approved `PIfF Taxable 114 H High - 7 LED Emergency Lightbars & Vehicle Equipment 50,000 25,000 20,000 116 H High - 2 Body Armor Replacement 10,000 15,000 10,000 117 M Med - 11 Weapon Replacement Program 10,000 15,000 0 H High - 8 Crowd Control Equipment 0 5,000 0 118 M Med - 10 Office Equipment and Furniture Replacement 0 10,000 0 158 H High - 4 Police Information System Program 142,550 145,500 100,000 159 H High - 5 In Car AudioNideo Cameras 35,000 25,000 20,000 160 M Med - 6 Radar Units 5,000 0 0 M Med - 12 Gas Masks 0 12,000 0 L Low - 13 Speed Trailer 0 7,500 0 129 L Low - 7 Police Training Center Upgrades 5,000 0 0 149 H High - 1 Tasers 10,000 25,000 20,000 140 M Med - 9 Police Department Improvements 8,000 15,000 0 H High - 6 Digital Evidence Mgt. System 0 50,000 30,000 195 L Low - 14 Body Cameras 5,000 5,000 0 241 H High - 3 Police Vehicle Impound Storage Bldg 5,000 150,000 80,000 :.W ...n.. , T tai Pnhce.....:gii2 UI ..: , Q5,011� ,... $Oiifl . Ninth Revision - 2018-2022 CIP Requests April 6 2017 Police 4/19/2017 12:1PatePal@bf 303 >l�rv� Frio SIC '?� ' 1 � gWei ed prov d axahie 56 H High -6 Traffic Signal Improvements 20,000 0 0 H High - 2 Traffic Signal Imp. - Adv. Traffic Mgt. System 0 40,000 40,000 130 H High -9 Street Light Improvements 10,000 30,000 25,000 163 H High - 7 LED Replacement Program 20,000 20,000 15,000 181 H High -5 Traffic Safety Improvement Projects 10,000 40,000 10,000 21 H High -12 Thermoplastic Pavement Markings 12,000 12,000 10,000 102 H High -10 Street Sign Fabrication Equipment & Software 15,000 25,000 10,000 212 H High - 15 Tower Park Street Light Improvements 0 60,000 0 213 H High - 8 Franklin Street Signal Replacement/Upgrades 30,000 60,000 0 214 H High Osage Rd & Dubuque Rd Traffic Safety Impr. 0 0 0 215 H High -6 Video Detection Cameras 20,000 60,000 20,000 217 M Med - 20 Lafayette St & Rhey St Signal Project 0 20,000 0 218 M Med - 19 W 6th St & Williston Ave Signal Project 0 20,000 0 219 M Med - 16 Conger/River Rd/Westfield Ave Signal Project 75,000 0 0 65 M Med - 21 Downing Ave & Wren Rd Signal Project 20,000 20,000 0 H High - 3 Traffic Signal Imp. - Ansborough & Downing Ave. 0 69,400 69,400 222 H High -1 Greenhill Rd & Progress Ave Traffic Signalization 0 260,000 40,000 242 M Med - 18 W 4th St & Hubbard Ave. Signal Project 0 20,000 0 244 H High - 4 Upgrading Controllers and Cabinets to Fiber Optics 20,000 80,000 20,000 H High - 11 Battery Back -Up Project 0 4,000 0 246 M Med - 17 Traffic Safety Improvement - Fletcher & Hwy 63 50,000 0 0 243 H High Traffic Safety Improvement - 5th & 6th St. Project 0 0 0 H High - 14 Traffic Safety Improvement - Utica & Harrison 0 200,000 0 245 H High - 13 Early Warning Sirens 0 40,000 10,100 m. : ... ,._ .. I tC , fey ..._ I iOOO 1nO 4 II a ; ..: ,., 4 Ninth Revision - 2018-2022 CIP Requests April 6 2017 Traffic 4/19/2017 12:1Page441p f 303 Pi o� Ninth Prtonty ode- 0 1.:44— FY 7 C [P Res kes ,pprove d .. ,.. Taxable,,; Burn s H High New Color Laser Printer 0 1,000 0 H High Vehicle Replacement -'08 Pick-Up 0 25,000 0 T©tal Codi E 0 0 ►en t .: 26,00 : ,w, ,p ,.-- . Ninth Revision - 2018-2022 CIP Requests April 6 2017 Code Ent 4/19/2017 12:1PP46P42 ljf 303 Prof P`riork waste it anag in ,p fed IF Taxable H High Wing Dike/Diffuser 0 1,000,000 1,000,000 0 0 . » ....; .. , .,... , Tota3.,._.' o e EW.0144nik: 0 ,009,0 i0. ,0',,,.. f , . _. ..... 1`. Ninth Revision - 2018-2022 CIP Requests April 6 2017 Current Year Bond Issue Waste Mgr+3t1 7 12:2pJ 'a 'b f 303 CITY OF WATERLOO Council Communication Resolutions setting date of public hearing as May 8, 2017 on the proposed issuance of the following bonds for project classifications and instruct the City Clerk to publish said notice. (Details on projects covered by each hearing are on file for review.) City Council Meeting: 4/24/2017 Prepared: 4/19/2017 REVIEWERS: Department Reviewer Action Date Finance Even, LeAnn Approved 4/19/2017 - 3:06 PM Clerk Office Even, LeAnn Approved 4/19/2017 - 3:07 PM ATTACHMENTS: Description Type ❑ Council Comm Bond Hearings 2 thru 7 Req April 2017 Cover Memo SUBJECT: Resolutions setting the date of public hearing as May 8, 2017 on the proposed issuance of the following bonds for project classifications and instruct the City Clerk to publish said notice. (Details on projects covered by each hearing are on file for review.) (a) ECP -2 - Not to exceed $200,000 General Obligation Bonds (Essential Corporate Purpose) (b) GCP-3 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (c) GCP-4 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (d) GCP-5 - Not to exceed $500,000 General Obligation Bonds (General Corporate Purpose) (e) GCP-6 - Not to exceed $700,000 General Obligation Bonds (General Corporate Purpose) (f) ECP -UR # 7 - Not to exceed $3,000,000 General Obligation Urban Renewal Bonds (Essential Corporate Purpose) Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary Statement: We are planning to sell $9 million in general obligation bonds for a number of general purposes this spring and $1 million for sewer purposes. We also plan to sell bonds to refund the tax-exempt bonds issued in 2009, and an $8 million issue for the TechWorks Reinvestment District.. We plan to use the State of Iowa Revolving Fund for other sewer projects. Public hearings will be held for those projects at a later date. The new principal amount of $9,000,000 plus interest will be required to be repaid in the future, in addition to the new debt service on the refunded bonds. Page 44 of 303 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: We plan to issue $1,000,0000 in general obligation bonds for sewer purposes, which will be repaid using sewer fees. The principal of $8 million issued for the TechWorks Campus Reinvestment District will be repaid using incremental sales and hotel/ motel tax earned in the district. The interest on this issue will be repaid by the developer. Repayment will be made from various sources, including general property taxes and tax increment revenue. The issuance of bonds commits the city to future repayment. The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would likely increase. For example, a number of the planned projects have been mandated by regulatory agencies that could have financial implications if the projects aren't completed as required. A general listing of projects planned to be completed using bond proceeds authorized by these hearings is attached to the resolution approving the project classifications. Page 45 of 303 Mayor QUENTIN HART OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY EELCHLE • City Cleric MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: April 24, 2017 Prepared: April 19, 2017 COUNCIL Dept. Head Signature: yZ -i 61) -14..1241 - MEMBERS TOM POWERS fVard 1 BRUCE JACOBS Ward PATRICK MORR!SSEY Ward 3 JEROME AMOS, JR, Word 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT An -Large Number of Attachments: Project Listing SUBJECT: FYE2017 Bond Issue Hearings Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Actions: Adopt resolutions to set the date of hearing as May 8, 2017 on the proposed issuance of the following bonds for the project classifications just approved, as follows: 1. ECP -2 - Not to exceed $200,000 General Obligation Bonds (ECP -2) for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay the costs of the acquisition and installation of emergency services communication equipment and systems including early warning sirens; and the acquisition of vehicles and equipment for the Street Department. 2. GCP-3 -- Not to exceed $700,000 General Obligation Bonds (GCP-3) for general corporate purposes, the proceeds of which bonds will be used to pay the costs of Cultural and Art projects, including improvements and repairs at the Center for the Arts; the acquisition of vehicles for various city departments, including engineering and leisure services; equipping various city departments, including parks and leisure services; building and infrastructure improvements for public works, including the traffic control center; reconstruction, renovation, remodeling, improvement, equipping and repairing of various City buildings and facilities, including projects at new city facilities, costs of the structural and mechanical audit of city buildings, various ADA compliance improvements, golf course, public library, and swimming pool renovations and shall bear interest at a rate not exceeding the maximum specified in the attached notice. 3. GCP-4 — Not to exceed $700,000 General Obligation Bonds (GCP-4) for general corporate purposes, the proceeds of which bonds will be used to pay the costs of comprehensive plan updates; acquisition of City wide WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 46 of 303 Council Communication FYE2017 Bond Hearings Page 2 of 3 Information Services mapping equipment and software; and acquisition and installation of computers and related technology and business continuity programming and software for offsite backup disaster relief; website redevelopment; reconstruction, renovation and improvements to Sports Facility Improvement Fund; reconstruction renovation and improvements to public buildings and facilities, including chemical storage building improvements, police department vehicle impound storage building; acquisition of off-road maintenance equipment for the parks and golf course departments; and the construction, renovation and improvement of the airport parking lot and related equipment and shall bear interest at a rate not exceeding the maximum specified in the attached notice. 4. GCP-5 — Not to exceed $500,000 General Obligation Bonds (GCP-5) for general corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of improvements to Young Arena, Riverfront Stadium, and reconstruction, renovation, remodeling, improvement, equipping and repairing of Downtown Parking Garages and shall bear interest at a rate not exceeding the maximum specified in the attached notice. 5. GCP-6 — Not to exceed $700,000 General Obligation Bonds (GCP-6) for general corporate purposes, the proceeds of which bonds will be used to pay the costs of the reconstruction, renovation, remodeling, improvement and equipping of the 5 Sullivan Brothers Convention Center and shall bear interest at a rate not exceeding the maximum specified in the attached notice. 6. ECP/UR-7 — Not to exceed $3,000,000 General Obligation Bonds (ECP/UR -7) for essential corporate purposes, the proceeds of which bonds will be used to provide funds to pay the costs of aiding in the planning, undertaking and carrying out of urban renewal projects under the authority of Chapter 403 and the Urban Renewal Plans for the Martin Road Development Area, the Rath Area Redevelopment Area, and the East Waterloo Unified Urban Renewal and Redevelopment Area, such as those costs associated with the Chamberlain Project, land acquisitions, public infrastructure projects including streets, streetscape, and utility improvements, the downtown development plan, downtown acquisitions and demolition costs. Summary Statement: We are planning to sell $9,000,000 in general obligation bonds for a number of general purposes, $1000,000 for sewer purposes, and $8,000,000 in general obligation bonds for the TechWorks Campus Reinvestment District project. Please note that the hearing amounts indicated are being set higher than the actual amounts to be issued to provide flexibility in the project allocations, which Page 47 of 303 Council Communication FYE2017 Bond Hearings Page3of3 reduces future administrative costs. One essential corporate purpose bond hearing (ECP -1) was held and approved at the March 9, 2017 council meeting. Expenditure Required: The principal amount plus interest will be required to be repaid in the future. Source of Funds: Repayment will be made from various sources, including general property taxes and tax increment revenue. Policy Issue: repayment. The issuance of bonds commits the city to future Alternative: The City could choose not to sell bonds and not proceed with the projects. This would reduce future debt service costs. However, other costs would increase. For example, a number of the planned projects are government mandates that could have financial ramifications if they are not completed. Background Information: A general listing of projects planned to be completed using bond proceeds authorized by these hearings is attached. Page 48 of 303 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as May 8, 2017, for a request by Village Properties LLC, to enter into a development agreement to vacate, sell and convey a rectangular portion ofpublic alley right-of-way, located adjacent and north of 1118 Ansborough Avenue for $1.00, and instruct City Clerk to publish said notice. City Council Meeting: 4/24/2017 Prepared: 4/18/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description D Aerial Map D Overview Map D Staff Report D Site Plan D Narrative D Pictures D Contractor Estimate ❑ Development Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo D ate 4/19/2017 - 10:41 AM 4/19/2017 - 1:05 PM Resolution setting date of public hearing as May 8, 2017, for a request by Village Properties LLC, to enter into a development agreement to vacate, sell and convey a rectangular portion of public alley right-of-way, located adjacent and north of 1118 Ansborough Avenue for $1.00, and instruct City Clerk to publish said notice. Submitted By: Noel Anderson, Community Planning & Development Director Approval Transmitted is a request setting the date ofpublic hearing as May 8, 2017 for a request by Village Properties LLC to enter into a development agreement to vacate, sell and convey a portion of alley right-of-way for $1.00 located adjacent and north of 1118 Ansborough, and instruct City Clerk to publish pertinent notice. The applicant is requesting to vacate a rectangular portion ofpublic alley directly north of 1118 Ansborough Avenue right-of-way that will be approximately 2,016 square feet, and 16' by 126', in size. The alley is a "T" alley and the portion of the alley that would not be vacated would still allow Page 49 of 303 Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: thru traffic. The applicant does not want to close off the alley or existing parking lot and will still allow thru traffic. The other adjoining property owners to the portion of the alley to be vacated do not use the alley for access and have indicated that they do not wish to purchase any portion of the alley. None N/A Right-of-way N/A N/A All that part of the East-West alley in Block No. 17, "Downing Place", City of Waterloo, Black Hawk County, Iowa, described as follows: bounded on the North by the South lines of Lot Nos. 1, 2 and 3 in said Block No. 17; bounded on the East by the East line of said Block No. 17 bounded on the South by the North line of Lot No. 20 in said Block No. 17; bounded on the West by the North extension of the West line of Lot No. 20 in said Block No. 17. Containing 2,020 sq. ft. more or less. Page 50 of 303 City of Waterloo Planning, Programming and Zoning Commission August 2, 2016 North of 1118 Ansborough Avenue Vacate Platted Alley Village Creek Rentals, LLC Page 51 of 303 N. E �+ -�.-�'y /_ f1� ✓` r_ Ttr 75 37.5 075 �rerloo No IFeet City of Waterloo Planning, Programming and Zoning Commission August 2, 2016 ' igAMr >IMM =rill MI • f 1111�1111■ '1 11 11111.1.■ FaMr-- -■■ __ R=2 W N AVE NI1111111411 _■ ■■■■■1111 4I:WO1:\:bLV1 i 11111 -. --:.I'I'I' _�__ `- )�1■11 11■111111111■11 '— 1■1■■■111111 - lllla��rClII IIIII■IIIIN 91:7a\17.7:7.1e\.,� MOTION . ■ --^-- ME MN -- -- 1111111'= 1111111■ MN C, CI minims •- • R=3. 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II • 11111111 11111111 -ad 111 R=4 -`C -Z 1/1111 111111111 111111111 111111[ / i 1W11dr11 . 3 North of 1118 Ansborough Avenue Vacate Platted Alley Village Creek Rentals, LLC Page 52 of 303 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: DEVELOPMENT HISTORY: BUFFERS/ SCREENING REQUIRED: DRAINAGE: August 2, 2016 Request to vacate a portion of public alley directly north of 1118 Ansborough Avenue, located between Ansborough Avenue and Chalmers Avenue. Village Creek Rentals, LLC, 1118 Ansborough Avenue, Waterloo, IA, 50701. The proposed vacate area is approximately 2,016 square feet, and 16' x 126', and it is intended to improve the alley condition by paving it. It would not appear that vacation of right-of-way would have a negative impact upon the surrounding area or other surrounding land uses. The surrounding neighbors do not wish to purchase any portion of the right-of-way in question. The proposed vacate would not appear to have a negative impact on pedestrian or vehicular traffic conditions in the area. Roads in the general area in question are Ansborough Avenue, which is classified as a minor arterial, University Avenue, which is classified as a principal arterial, University Avenue Frontage Road, which is classified as a local road, and Chalmers Avenue, which is classified as a local road. The closet recreational trail is located approximately 0.5 miles to the south along Ansborough Avenue. The area in question is zoned "C-2", Commercial District. The surrounding land uses and their zoning are as follows: North — Existing single-family housing and professional offices, zoned "C-2" Commercial District. South — Existing commercial businesses, zoned "C-2" Commercial District. East — Existing commercial businesses, zoned "C-2" Commercial District. West —Existing single-family housing and professional offices, zoned "C-2" Commercial District. The surrounding area is primarily commercial development with some single-family residences. There would be no buffers or screening required for this request. Vacating the right-of-way would not appear to have a negative impact upon drainage in the area. There is a 4" drainage sewer that travels adjacent to the area in question, and this area should be maintained after the area is vacated to still facilitate proper drainage in the area. Due to the applicant paving the alley after it is vacated, a storm water management plan will need to be submitted to the Village Creek Rentals, LLC — Vacate portion of public alleyway Page 1 of 2 Page 53 of 303 FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: STAFF ANALYSIS — SUBDIVISION ORDINANCE: STAFF RECOMMENDATION: August 2, 2016 Engineering Department. No portion of the area in question is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 19013 and Panel Number 0282F, dated July 18, 2011. Galloway Park is located 0.7 miles northwest of the area in question directly adjacent to Ansborough Avenue. Fred Becker Elementary School is approximately 0.5 miles southwest of the area in question at the intersection of Downing Avenue and Sheldon Street. There is one 72" storm sewer that is located to the east of the alley in question in Ansborough Avenue. There is also one 18" sanitary sewer located to the east of the alley in question in Ansborough Avenue. MidAmerican Energy has requested that an easement be retained over the north 10' of the vacated alley. The Future Land Use Map designates this area as Commercial. This request is in conformance with the Future Land Use Map and Comprehensive Plan for this area. The applicant is requesting to vacate a rectangular portion of public alley directly north of 1118 Ansborough Avenue right-of-way that will be approximately 2,016 square feet, and 16' by 126', in size. The alley is a "T" alley and the portion of the alley that would not be vacated would still allow thru traffic. The applicant does not want to close off the alley or existing parking lot and will still allow thru traffic. The other adjoining property owners to the portion of the alley to be vacated do not use the alley for access and have indicated that they do not wish to purchase any portion of the alley. There is no platting required as a part of this request. Therefore, staff recommends that the request to vacate the alleyway directly north of 1118 Ansborough Avenue be approved for the following reasons: 1. The request to vacate the right-of-way would not appear to have a negative impact upon the surrounding area. 2. The request to vacate the right-of-way would not appear to have a negative impact upon pedestrian or traffic conditions in the area. 3. It would appear that there is no need for the excess right-of- way for any current or future roadway purposes. And subject to the following condition(s): 1. That a utility easement is retained over the north 10' of the vacated alley. Village Creek Rentals, LLC — Vacate portion of public alleyway Page 2 of 2 Page 54 of 303 15 ° 44 \\� ° ' °8,97 ° x98 80 I °I I°° p °°I p a ° p c 21 99.09 99.924 680 99,54 9 9.55 ,L9950 +99.82' 99.84 99.87 `'f6°99.89 // ° 98.93 ► a 9939 T9▪ 951'+'+++++ ▪ +x97 1 + 100.13 +++ 99.40 ▪ + x + + + + 99.30 + 98,78 99.19 p o 99,18° 20' 1"=10' 7// rt + 9/7,70 99,66x 99.14 99.20 98 70e 99.3 + 99,3 ▪ x99.16' +-99,461 p ° +�+ 99,66x (?(// zi ▪ X99,36 +98196 x` + + x+ +x+ 8.97 - - 9.16--- �9+ -+ + + 91188 x98.71 98.74 C 98 98.14 99 98.98 x99,3 + + +198,103 x97.70 7+ 98,36+++�_ �+ 98.04' 98.2E p x x98,6554 --x — — — — — 99.04x98.98 98.65 98.85 98.71 97,33 97,26 96,89 96.81 x97.46 x97,48 U O /IOUS AREA: 0.079 Acres RVIOUS AREA: 0.133 Acres EXISTING ROCK ALLEY Ital Area) x 99,01.. x 99.111�..-A 2.0' p 994.52( 99:12 ° ° 99.30 1I=^ • 9900' ° 6)9,00 i 9299 .�; 99 98,90: 9890 W J J x Q 98,76.:. x 98.72 x98,68 9883: 0 • Ot 9944 o ° 4.4 99,23 ° p p A 9936, , ° ° LI ° ' °i MATCH GRADE OF EXISTINI K 99,15 9920 99.35 i 9926 o a ° 71 i m EXISTING P.C.C. PAV ° ° ° 0 0° b 9,21 49 9 °99,680 99.54 ° 99.` ° p c pa °99.84 + + + + + + + + 9982 99 87 + 99,969989 GAS METER T T ++++ 98, 3 + + + LANDSCAPING (TYPICAL) 1118 ANSBOROUGH AVENUE EXISTING BUILDING (2,500 SQ. FT.) 99.80 FLOOR ELEVATION (ALL DOWNSPOUTS DRAIN TO THE SOUTH) A.C. UNITS + + + + + + + fi + + + + +x + + + + + + + + + + + + + + .q + + + +98t9& + + + + - __x__ _+ + + + _ + + + + + x + x _ 99-16' --- 9�.�5 + -+--- �+ - + �'` 989 �_+x + c B,99 9a8B + -- x 9.12 APPROXIMATE PROPER June 22, 2016 To Whom: Planning & Zoning Regarding: Vacating Alley 1118 Ansborough Ave. Commitee Members, I am asking to have this alley vacated (See Attachment for Aerial View) so that we can make it a hard surface. We have invested over $400,000 into our building at 1118 Ansborough Ave. and with clients coming into our building we really need to address this issue as the alley is in poor condition and this would be a great improvement. Thanks, Jason '<. Strelow President / Berkshire Hathaway Horne Services One Realty Centre 1 Page 57 of 303 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjacent property owners of right-of-way requested to be vacated and generally described as (address or general location): Alley Along 1118 Ansborouqh Ave. , have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way, We wish to make the following known (check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half (sign and date below and complete items 1-3). X We/I do not wish to purchase from the City any portion of the right-of-way (sign and date below and leave items 1-3 blank). Signa a of adjacent property owner 1115 Janney Ave. Waterloo, Iowa 50701 Address kVA •R h Date Phone 1. Offer Price [Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price -- Deductions = Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) Village Creek Rentals, LLC. 3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in (i.e., as tenants-in- common, joint tenancy with full rights of survivorship, or as individual ownership.) Page 58 of 303 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjacent property owners of right-of-way requested to be vacated and generally described as (address or general location): Alley Along 1118 Ansborough Ave. , have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known (check which applies): We/1 wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). We/1 wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half (sign and date below and complete items 1-3). X We/I do not wish to purchase from the City any portion of the right-of-way (sign and date below and leave items 1-3 blank). lira Y'fit Signature of djacent property owner Date March 10, 2016 1104 Ansborough Ave. Waterloo, Iowa 319-830-2435 Address Phone I . Offer Price [Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area Iocated within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CURA): • Costs (surveying & mise., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Portion of Allev You Intend to Purchase: 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) Village Creek Rentals, LLC. 3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in (Le., as tenants-in- common, joint tenancy with full rights of survivorship, or as individual ownership.) Page 59 of 303 INTENT TO VACATE City of Waterloo Planning and Zoning 715 Mulberry Street Waterloo, IA 50703 We the undersigned, as adjacent property owners of right-of-way requested to be vacated and generally described as (address or general location): Alley Along 1118 Ansborough Ave. , have no objection to the right-of-way being vacated and have been offered the opportunity to buy a portion of the right of way. We wish to make the following known (check which applies): We/I wish to purchase from the City the one-half of the right-of-way that adjoins our/my property (sign and date below and complete items 1-3). X We/I wish to purchase from the City the entire portion of the right-of-way that adjoins our/my property. This is contingent upon the property owner opposite ours/mine choosing not to purchase their/his or her half (sign and date below and complete items 1-3). We/1 do not wish to purchase from the City any portion of the right-of-way (sign and date below and leave items 1-3 blank). Igpature o cent property owner 1118 Ansborough Ave. Waterloo, Iowa Address March 10, 2016 Date 319-61-3000 Phone 1. Offer Price [Note: If the offer price meets the Sale of Property Policy (see attached) the request will not be required to be reviewed by the Building & Grounds Committee.] • Asking price (see attached Sale of Property Policy for how calculated): • Deductions • May decrease price by 50% for area located within an easement: • May decrease price for the City tax that will be collected on the land within 5 yrs (8 yrs inside of the CUBA): • Costs (surveying & misc., demolition, remove of curbs, etc): Asking price — Deductions = Value of Property: Offer Price for Portion of Alley You Intend to Purchase: 2. Transfer of Ownership: In what name(s), company or corporation shall the property be assigned to? (Give special attention to spelling as these names will be verified and transposed as submitted onto the deed.) Village Creek Rentals, LLC. 3. Deed: At the time of the buyer's final payment, the sellers shall convey the premises to the buyers by quitclaim deed. Please indicate the legal form you wish to be transferred in (i.e., as tenants-in- common, joint tenancy with full rights of survivorship, or as individual ownership.) Page 60 of 303 Vacate Request — North of 1118 Ansborough Avenue Looking west from Ansborough Avenue at the alley in question. Looking west from the alley in question at the remainder of the alley that will still remain as a public alley. Looking at a north/south segment of an alley west of 1118 Ansborough Avenue that intersects with the alley to be vacated. This will still remain a public alley. Looking east down the alley in question towards Ansborough Avenue. Page 61 of 303 Roger Smith Construction Inc 5704 W Cedar Wapsie Road Cedar Falls, Iowa 50613 Office 319-266-8912 CeII 319-269-5434 Fax 319-987-3419 rscis4u@aol.com For: Jason Strelow 1118 Ansborough Ave Waterloo la, f)c1cicriptiun Esti mate` Estimate No: 504 Date: 09 -Mar -2017 Work to be done at 1118 ansborough ave. Waterloo. Pour alley 20'x164' Pour 6" with c-4 mix. Replace approach and city sidewalk. Make sidewalk 20'wide. Pour approach to width of new sidewalk. Permits included. II cleaned u Amount Excavate for retention pond to engineers specs. Plumb into storm sewer. $19,600.00 $13,575.00 Quality Work Is Our Concrete Evidence All material is guaranteed to be specified. All work to be completed in a workmanlike manner according to standard practices. Any alteration from above specifications involving extra costs will become an extra charge over and above estimate. AH contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado, and other necessary insurance. Our workers are fully covered by Workman's Compensation Insurance. Rage 1 of 1 Subtotal $33,175.00 TAX (0.00%) $0.00 Total $33,175.00 25 % down required upon approval Extra 3% for credit card payments over $500.00 Page 62 of 303 Prepared by: John Dornoff, City of Waterloo, 715 Mulberry Street, Waterloo, IA 50703 (319) 291-4366 DEVELOPMENT AGREEMENT This Agreement is made and entered into this day of , 2017, by and between Village Creek Rentals LLC, hereafter called "Developer", and the City of Waterloo, Iowa, hereinafter called "City". WHEREAS, City considers development within the City a benefit to the community and is willing for the total good and welfare of the community to sell city -owned property not needed for current or future public purposes so as to encourage that goal, and WHEREAS, Developer is willing to purchase vacated City right-of-way in the amount of $1.00, and legally described on attached Exhibit "A", located adjacent to 1118 Ansborough (hereinafter the "Property"). NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREINAFTER CONTAINED, Developer and City agree as follows: 1. The City agrees to convey the Property to Developer for $1.00, plus costs. The City shall convey the Property to Developer by Quit Claim Deed. The Property has a full assessed value of $4282.00, but the City agreed to grant Developer a credit of $4281.00 against the full assessed value for the Developer's costs ($33175.00) to improve the alley which is permitted by the City of Waterloo Sale of Property Policy. 2. Developer shall construct hard surfacing improvements and bring vehicular use areas into compliance with the City of Waterloo Zoning Ordinance,(hereinafter "Improvements"), and take out necessary permits within twelve months of the date of this agreement. The Improvements shall be constructed in accordance with all applicable City, State, and Federal building codes and be in compliance with all applicable city ordinances. 3. The parties agree that Company's commitment to undertake Project and construct the improvements in a timely manner constitutes a material inducement for the City convey the Property, or to cause Property to be conveyed, to the Company and that without said commitment City would not do so. Company must obtain proper City Approval and begin construction by June 30, 2017 and substantially complete construction within (12) months. If developer does not complete Improvements as described in #2 above, developer shall pay the $4,281 assessed value to City within two weeks of stated deadline. If improvements are delayed by weather but construction of the Project is imminent, the 1 Page 63 of 303 City Council may, but shall not be required to, consent to an extension of time for the construction of Improvements, and if an extension is granted by construction of the Improvements has not begun within such extended period, developer shall pay the $4281 assessed value to the City within two weeks of stated deadline. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30 days) notice to the City, Company may convey the Property to City by Quit Claim Deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of the Company, the requirement that construction of the Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then developer shall pay the $4281 assessed value to City within two weeks of stated deadline. 4. City will deed the property within 3 weeks of approval of the Development Agreement by Quit Claim Deed. 5. NOTICE: All notices, request, and other communication permitted or required herein shall be in writing and shall be effective when delivered to the addressee in person or when sent to such address by United States registered or certified mail, return receipt requited, postage prepaid, or by hand delivery, addressed as follows: For the City: Mayor Quentin Hart City Hall 715 Mulberry Street Waterloo, Iowa 50703 With copy to City Planner For Developer: Village Creek Rentals LLC 1118 Ansborough Avenue Waterloo, IA 50701 6. SUCCESSORS AND ASSIGNS: This Agreement shall be binding upon the successors and assigns of Developer. 7. IN WITNESS WHEREOF, the parties have executed this Agreement the date and year written above. By: ViY For Village -C Rentals LLC Date By: ry R Its: 2 Page 64 of 303 CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor Date ATTEST: Kelley Felchle, City Clerk Date 3 Page 65 of 303 Exhibit "A" Legal Description — Alley to Be Vacated All that part of the East-West alley in Block No. 17, "Downing Place", City of Waterloo, Black Hawk County, Iowa, described as follows: bounded on the North by the South lines of Lot Nos. 1, 2 and 3 in said Block No. 17; bounded on the East by the East line of said Block No. 17 bounded on the South by the North line of Lot No. 20 in said Block No. 17; bounded on the West by the North extension of the West line of Lot No. 20 in said Block No. 17. Containing 2,020 sq. ft. more or Tess. 4 Page 66 of 303 CITY OF WATERLOO Council Communication Bonds. City Council Meeting: 4/24/2017 Prepared: REVIEWERS: Department Reviewer Action Date Engineering Higby, Nancy Approved 4/19/2017 - 11:22 AM ATTACHMENTS: Description Type D Bonds for council approval 4/24/17 Backup Material SUBJECT: Bonds. Page 67 of 303 BONDS FOR COUNCIL APPROVAL April 24, 2017 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 1914530 ASPRO, INC. WATERLOO, IA IA 594558 BLACK HAWK CONTRACTING & DEVELOPMENT WATERLOO, IA Dba ROOFF DEVELOPMENT LLC IA 601517 BRADLEY COLVIN WATERLOO, IA DAVID RINDELS dba ASTEC HANDYMAN LLC WATERLOO, IA IA601425 DJBCK INC. dba DALTON PLUMBING HEATING & COOLING INC. CEDAR FALLS, IA RSS0076801 FRICKSON BROTHERS EXCAVATING EVANSDALE, IA 55-207658 KOELKER EXCAVATING INC. MARION, IA IA 596008 VOGEL IRRIGATION WATERLOO, IA 565-203860 WICKS CONSTRUCTION INC. DECORAH, IA Page 68 of 303 CITY OF WATERLOO Council Communication Request by Mark White Construction on the behalf of Fusion Real Estate, LLC, for a Site Plan Amendment to the "C -P" Planned Commercial District, to allow for the construction of an 12,000 square foot, indoor dance studio, with a 51 -stall parking lot, located north of 1730 West Ridgeway Avenue. City Council Meeting: 4/24/2017 Prepared: 4/5/2017 REVIEWERS: Department Planning & Zoning Planning & Zoning Planning & Zoning Clerk Office Reviewer Schroeder, Aric Dornoff, John Schroeder, Aric Even, LeAnn ATTACHMENTS: Description • Ariel Map D Overview Map D Site Plan Admendment D Site Plan ❑ Construction Plans ❑ Rendering ❑ Pictures ❑ Application SUBJECT: Submitted by: Recommended Action: Action Rej ected Approved Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo D ate 4/19/2017 - 10:04 AM 4/19/2017 - 10:12 AM 4/19/2017 - 10:17 AM 4/19/2017 - 11:09 AM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of the Planning, Programming and Zoning Commission. Motion to receive, file and consider and pass for the first time an Ordinance amending Ordinance No. 5079, as amended City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10-4-4, approving a rezone of certain property. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt the ordinance. Submitted By: Noel Anderson, Community Planning and Development Director Approval Page 69 of 303 Summary Statement: Request by Mark White Construction on the behalf of Fusion Real Estate, LLC, for a site plan amendment to the "C -P" Planned Commercial District, to allow for the construction of an 12,000 SF, indoor dance studio, with a 51 -stall parking lot, located north of 1730 West Ridgeway Avenue. The applicant is intending to construct a new 12,000 SF commercial building that will house a dance studio and a 51 -stall parking lot. The "C -P" Planned Commercial District is intended and designed to provide a means for the residential and compatible commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. It is the intent of the basic principles of good land use planning be maintained and that sound zoning standards as set forth in the Zoning Ordinance concerning orderly growth and development, traffic patterns, and compatible design and use be preserved. The ideals of the Planned Commercial District stem from the Mixed Use Commercial categorization on the Future Land Use Map within the Comprehensive Plan. Mixed Use Commercial areas work to direct such developments into areas of transition from commercial to residential, based on current developments. Commercial uses will be compatibly designed to blend in with the built or planned environment, and shall incorporate the following elements into their design; building facade, landscaping, signage, screening, and site orientation and layout. The proposed structure shows numerous materials being used on the outside, which range from a flat metal wall panel system, split face concrete block, and ribbed metal wall system. It appears from the submitted building elevations, the flat metal wall panel system will be on portions of the west and south walls of the building, the split face concrete block on the west and south walls along with the proposed canopy and the ribbed panel systems will be on all four walls. There are two large windows on the west elevation, along with the entrance door, and three large windows on the south wall. The floor plan shows 4,848 SF of the building devoted to the 5 dance studios; 1,545 square feet dedicated to retail, customer lounges, and waiting rooms; and the remaining 5,607 SF of the building being devoted to restrooms, storage/mechanical, offices, and the employee lounge. It is also indicated on the building layout plan that it has an patron use area occupancy rating of 223 persons, and the Zoning Ordinance requires for places of assembly that there be one parking space for every four persons of the maximum occupancy, which in this case, would require 56 parking spaces. As mentioned 51 parking spaces are being shown, which is 5 fewer than required. The "C -P" Planned Commercial District allows for flexibility in the parking when approved as part of the Site Plan Amendment request. At tech review there was concern about parking since the classes held are usually 45 to 60 minutes so most parents wait for the children. There is the possibility of adding parking to one side of the Provision Parkway but that has not been determined yet. The site plan shows the proposed building having 30' side yard setback from the north property line and a 35' rear yard setback from the east property line. The setback requirements for the "C -P" district are that of the "C-2" district, which are 5' for the side yard setback, and 35' for the rear yard setback. The front of the building is well beyond the required 20' Page 70 of 303 setback, and the south side of the building is approximately 70' from the southerly side property line. Also, at its highest, the building will be 18', well below the maximum 48' height limit for the zoning district. The site plan submitted shows existing fire hydrants located at the north property line and south property line next to the sidewalk. They also show a proposed hydrant located on the south side of the building in front of the overhead door. Lorie Glover from Black Hawk County Emergency Management expressed concern about the lack of safe emergency shelter space. Expenditure Required: None Source of Funds: N/A Policy Issue: Land Use and Economic Development Alternative: N/A Background Information: N/A Legal Descriptions: Village West Subdivision, Lot 2, Waterloo, Black Hawk County, Iowa. Page 71 of 303 City of Waterloo Planning, Programming and Zoning Commission April 4, 2017 1730 West Ridgeway Avenue (Under Construction) —W-RIDGEWAYAVE NE of 173o West Ridgeway Avenue "C -P" Site Plan Amendment Mark White Construction Page 72 of 303 N \ *or /4111k. 4 1�'., 11,iw= �T1�m 150 75 0 150 %/1(..73-‘° (Feet R -3,R -P City of Waterloo Planning, Programming and Zoning Commission April 4, 20117 —Black Hawk Creek Black Hawk Creek A-1 M -2,P ;IP B -P M-1 A-1 A-1 AH 1 IN Rn R-3 A ■ AP 6 a MAY -2 0 ■ nr w ••IO :••. 4'.Ott Ap* 11 it 41 II MEN 111 R -1,R - R -2,C -Z A-1 R-4 R-3-C'Z C-2 A-1 R-3 R=3-C'Z 1 `C1 .yap i �4 MITI MARTIN F BYRNB R-1 it. -- \Z C-1 R-4*,R-41 R4,CZ R-4 i X R-3/ R-1 • ' 141isit R R-3 R-1, C -Z NE of 11730 West Ridgeway Avenue "C -P" Site Plan Amendment Mark White Construction Page 73 of 303 REQUEST: APPLICANT: GENERAL DESCRIPTION: IMPACT ON NEIGHBORHOOD & SURROUNDING LAND USE: VEHICULAR & PEDESTRIAN TRAFFIC CONDITIONS: RELATIONSHIP TO RECREATIONAL TRAIL PLAN AND COMPLETE STREETS POLICY: ZONING HISTORY FOR SITE AND IMMEDIATE VICINITY: April 4, 2017 Request by Mark White Construction on the behalf of Fusion Real Estate, LLC for a site plan amendment to the "C -P" Planned Commercial District to allow for the construction of an 80' X 150' (12000 SF) commercial building and a 51 stall parking lot, located north of 1730 West Ridgeway Avenue. Mark White 625 Stephen Avenue Waterloo Iowa 50701 The applicant is requesting to construct the building to have a dance studio. The request would not appear to have a negative impact on the surrounding neighborhood or land use. Currently, there is an 18,000 SF building under construction at the northwest corner of West Ridgeway Avenue and Provision Parkway, just to the southwest and a 12,000 SF gymnastics studio under construction to the north of this site. The request would not appear to have a negative impact on vehicular or pedestrian traffic movements in the area. The area is served by West Ridgeway Avenue, which is a 4 -lane roadway that is classified as a Minor Arterial. Currently, groundwork is done for Provision Parkway, however, it has not yet been paved. Once completed, the new road would be classified as a Local Street. Highway 63 is also a 1/2 mile to the west and is classified as a Principal Arterial. A 5' Portland Cement Concrete sidewalk is shown in front of the building paralleling Provision Parkway. As the subdivision develops, sidewalk will be further extended in the area. There is a recreational trail located to the south of the site in question along West Ridgeway Avenue that connects to the Sergeant Road Trail to the west along Highway 63. The area in question was rezoned from "R-3" Multiple Residence District, "R -3,C -Z" Conditional Zoning District, "R-4" Multiple Residence District, and "C-2" Commercial District to "C -P" Planned Commercial District on April 11, 2016. Surrounding land uses and their zoning designations are as follows: North — Future Blackhawk Gymnastics, zoned "C -P" Planned Commercial District, vacant development ground and single family uses along Jane Street, zoned "R-3" Multiple Residence District, "R -3,C -Z" Conditional Zoning District, "R -2,C -Z" Conditional Zoning District, and "R-2" One and Two Family Residence District. South — United Medical Park, zoned "R -4,C -Z" Conditional Zoning District. East — Waterloo Memorial Park Cemetery, zoned "R-3" Multiple Residence District. West — Existing commercial development and vacant development ground, zoned "C-2" Commercial District and "R-4" Multiple 04.04.17 - Site Plan Admendement N of 1730 West Ridgeway Avenue of 4 Page N of 303 DEVELOPMENT HISTORY: BUFFERS/ SCREENING/ LANDSCAPING REQUIRED: DRAINAGE: FLOODPLAIN: PUBLIC /OPEN SPACES/ SCHOOLS: UTILITIES: WATER, SANITARY SEWER, STORM SEWER, ETC. RELATIONSHIP TO COMPREHENSIVE LAND USE PLAN: STAFF ANALYSIS — ZONING ORDINANCE: April 4, 2017 Residence District. There are also large amounts of development land further west zoned agriculturally and industrially. The area is comprised of commercial and professional office development, with the recent development of a commercial strip center at 1850 West Ridgeway Avenue in 2015, which houses two restaurants, professional offices and a retail business. Currently, there is an 18,000 SF building under construction at the northwest corner of West Ridgeway Avenue and Provision Parkway along with a new gymnastics facility to the north. Directly across the street is United Medical Park, which was started in the late 1990s with multiple expansions and new buildings over the years. No buffers or screening would be required. If approved, the applicant will need to submit a storm water drainage and detention plan to the Engineering Department prior to issuance of any building permits, but the subdivision was designed to have a communal detention area to the west onTract B. No portion of the property is located within a Special Flood Hazard Area as indicated by the Federal Insurance Administration's Flood Insurance Rate Map, Community Number 190025 and Panel Number 0282F, dated July 18, 2011. There are no schools located within the nearby vicinity. The Katoski Greenbelt is located approximately 3/4 of a mile to the west along West Ridgeway Avenue. A sanitary sewer line is located in the center of Provision Parkway, a 8" waterline is located along the east side of Provision Parkway, and a storm sewer located west of Provision Parkway. An 18" storm sewer and 4" drain tile located within West Ridgeway Avenue, directly to the south of the site in question. The Future Land Use Map designates this area as Parks, Open Spaces, Schools, Airport, Government Facilities, Public Areas. The proposed use would not be in conformance with Future Land Use Map and Comprehensive Plan for this area. It should be mentioned that the abutting property owner did purchase land from the cemetery to the east, which was in conformance with the Future Land Use Map and Comprehensive Plan. The City of Waterloo is currently in the beginning stages of updating its Comprehensive Plan and it will be necessary to change the Future Land Use Map to reflect the change in the proposed land use of former cemetery land. The applicant is intending to construct a new 12,000 SF commercial building that will house a dance studio and a 51 -stall parking lot. 04.04.17 - Site Plan Admendement N of 1730 West Ridgeway Avenue of 4 Page afr8 of 303 April 4, 2017 The "C -P" Planned Commercial District is intended and designed to provide a means for the residential and compatible commercial development of tracts of land on a unit basis, allowing greater flexibility and diversification of land uses and building locations than the conventional single lot method. It is the intent of the basic principles of good land use planning be maintained and that sound zoning standards as set forth in the Zoning Ordinance concerning orderly growth and development, traffic patterns, and compatible design and use be preserved. The ideals of the Planned Commercial District stem from the Mixed Use Commercial categorization on the Future Land Use Map within the Comprehensive Plan. Mixed Use Commercial areas work to direct such developments into areas of transition from commercial to residential, based on current developments. Commercial uses will be compatibly designed to blend in with the built or planned environment, and shall incorporate the following elements into their design; building facade, landscaping, signage, screening, and site orientation and layout. The proposed structure shows numerous materials being used on the outside, which range from a flat metal wall panel system, split face concrete block, and ribbed metal wall system. It appears from the submitted building elevations, the flat metal wall panel system will be on portions of the west and south walls of the building, the split face concrete block on the west and south walls along with the proposed canopy and the ribbed panel systems will be on all four walls. There are two large windows on the west elevation, along with the entrance door, and three large windows on the south wall. The floor plan shows 4,848 SF of the building devoted to the 5 dance studios; 1,545 square feet dedicated to retail, customer lounges, and waiting rooms; and the remaining 5,607 SF of the building being devoted to restrooms, storage/mechanical, offices, and the employee lounge. It is also indicated on the building layout plan that it has an patron use area occupancy rating of 223 persons, and the Zoning Ordinance requires for places of assembly that there be one parking space for every four persons of the maximum occupancy, which in this case, would require 56 parking spaces. As mentioned 51 parking spaces are being shown, which is 5 fewer than required. The "C -P" Planned Commercial District allows for flexibility in the parking when approved as part of the Site Plan Amendment request. At tech review there was concern about parking since the classes held are usually 45 to 60 minutes so most parents wait for the children. There is the possibility of adding parking to one side of the Provision Parkway but that has not been determined yet. The site plan shows the proposed building having 30' side yard setback from the north property line and a 35' rear yard setback 04.04.17 - Site Plan Admendement N of 1730 West Ridgeway Avenue of 4 Page of 303 STAFF ANALYSIS — SUBDIVISION ORDINANCE: April 4, 2017 from the east property line. The setback requirements for the "C -P" district are that of the "C-2" district, which are 5' for the side yard setback, and 35' for the rear yard setback. The front of the building is well beyond the required 20' setback, and the south side of the building is approximately 70' from the southerly side property line. Also, at its highest, the building will be 18', well below the maximum 48' height limit for the zoning district. The site plan submitted shows existing fire hydrants located at the north property line and south property line next to the sidewalk. They also show a proposed hydrant located on the south side of the building in front of the overhead door. Lorie Glover from Black Hawk County Emergency Management expressed concern about the lack of safe emergency assembly space. The Planning, Programming and Zoning Commission unanimously recommended approval of the Site Plan Amendment at their April 4, 2017 meeting. There is no platting required for this request. STAFF Therefore, staff recommends that the request for a site plan RECOMMENDATION: amendment in the "C -P" Planned Commercial District be approved, for the following reasons: 1. The request would appear to be compatible with the surrounding area, which is comprised of commercial and professional office development. 2. The request would not appear to have a negative impact upon the surrounding area. 3. The request would not appear to have a negative impact upon vehicular and pedestrian traffic in the area. Subject to the following condition: 1. That the final site plan meets all applicable city codes, including but not limited to, parking, landscaping, drainage, etc., except as specifically altered by approval of the site plan amendment. 04.04.17 - Site Plan Admendement N of 1730 West Ridgeway Avenue of 4 Page? of 303 33 RD UYLANU I Un qug G wPARKHAVII ,CI LI] ¢ LU DR w. aLL O z MEAOVBROOK LN MARTIN RP 5 0 Cr 0 APR,_ ST cc0 MAY S- Q O co O o mPIONEERRD w Ltw ,,<<,-%, m v JANE ST -o\ 0 0 Z v W RIDGEWAY AV LI 1\¢�Jr �a 0 DEVONSH RE D PROJECT LOCATION KENTCIR gs, O� P ei. O aoca ITY MAP (N.T.S.) 4TION CONNECT TO EXISTING WATER MAIN CONNECT TO EXISTING SANITARY SEWER EXISTNG FIRE HYDRANT Py 10' SETBACK LINE s,(ci E( ISTNIG I WATER SERVICE �19'- 19'H —26'—I EXISTING SANITARY SERVICE C) � I L▪ 51 PARKING SPACES L5 • • • • • • R5' PROPOSED BUILDING 150 X 80 12.00 SQ. FT. —15'— —rri 4 R3 l J _L_ 9.50' 11.50'--I 9 h 9 EXISTING SUR 01 -IA GE STRUCTOlRE WFIF'_VC' 7' —FC ODS-- 87710 rr — PROPOSED FIRE HDRANT TI 10' SETBACK LIN Fancy A-3 N/A V -B N/A 60' 18' 2 1 Platforms N/A ler N/A 24,000 SF Increase ,,000 SF= 28,500 SF 12,000 SF Sprinkler Unlimited SF No No No No Not Required, But Provided No ss Doorway 0 Hour Rating specific drawings and specifications by SITE LOCATION MAP CALCULATED OCCUPANCY LOAD OF WORK AREA (TABLE 1004.1.1) FUNCTION OF SPACE FLOOR AREA IN S.F. PER OCCUPANT ACTUAL FLOOR AREA OCCUPANT CALCULATION PER CODE RETAIL 60 255 5 STORAGE 104 300 157 1 STUDIO A 50 534 11 STUDIO B 50 534 11 SHI NUN 3 -AR( A000 A100 A101 A1fl9 1'-0" 9'-0" 10'-8" 9'-0" 50' - 8 3/4" 3' - MIRRORS 50' - 0 1/2" MIRRORS 7 1/4" MIRRORS HATCH INDICATES WALLS TO ROOF DECK ABOVE, INSULATE AND GYPSUM BOARD BOTH SIDES, FULL HEIGHT 44' - 4 3/4" MIRRORS STUDIO E 112 11 F 7 0 =z ~ O >w a > 0 o ti Z 0\ \ co)1 FOLDING PARTITION, ti SEE SPECIFICATIONS46. -11 1/2" STUDIO D 111 (1* FOLDING PARTITION, SEE SPECIFICATIONS co ti co ti CO ti N 7 1/4" CUBBIES AT LOCKER ROOMS TYPICAL, SEE ELEVATION 6 ON A100 7 1/4" 5'-0" 4'-1" 3 Al( 13' - 7 3/4" 7 1/4" 8' - 1" 7 1/4" °O 11' - 2" 3'-1" 109C MOP SINK ZD �109D) r 113 GIRLS �O 109E L a , 7 1/4"2. - 5 3/4' > Ozo z 00 EHD 7 1/4" 5'-0" 7 1/4" 8' - 0" ORRIDOR 21' - 0 3/4" 109 9' - 0" 10' - 8" 9' - 0" EXPOSED PEMB INSULATION SYSTEM F1 F1 RTU 1 F1 F1 GYPSUM BOARD @ 12'-0" EXPOSED PEMB INSULATION SYSTEM F1 F1 EXPOSED PEMB INSULATION SYSTEM F1 RTU 2 EXPOSED PEMB INSULATION SYSTEM RTU 3 F1 ACT @ 10'-0" 0 ACT @ 10'-0" -ACT @ 1 RTU 4 F1 - GYPSUM BOARD EXPOSED PEMB INSULATION SYSTEM F1 t @ 13'-0" ■■■■■■■■■■■■■■■■■■■■■ ■■■ =ammo ■■■ 1 ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■ =ammo ■■■ 1 ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■ ■■■ ■■■ ■■■ ■■■ 1 ■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■ 1 ■■■...■■■■■■■■■■■■ ■■r ■■■■■■■■■■■■■■■■ ■___C1■■■ ■■■ E■■ 101 101 101 101 101 IktAl II IktAl IktAl ACT @ 10'-0" 101 GYPSUM BOARD @ 12'-0" GYPSUM BOA 1 ACT @ 13'-0" 1111111.11111111 I■■®■■■®■■■®■■■®■ I■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■■■■■■■■■■■■ I■■ ■■■ ■■■ ■■■ ■ I■■■■■■■■■■■■■■■■■■■■ I■■■■■■■■■■■■■■■■■■■■ ■■■■® EXPOSED PEMB INSULATION ■■■■■■■ ■■®®■ SYSTEM ■■■■■■■■■■■■ 1111E111::111::111::: ■■I ■!M■ 1 MMIll ■11 i■ 1■■■N■■1 1■■■■ ■■■■■ ■■■ !!!! Mil' ■ __■ i ■ ACT @ 10'-0" ACT @ 10'-0" !IPI•! M: EE ®IAC]■■■D■■■D■■■■Illaringliiiiiiiirrrr3077 -, ■■1111■■■■■■■■■■■■■■■ mammmmokumomommikum ■■■■■■■■■■■■■■■■■■■■■ ■ACT @ 1 0" ■■■■■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■l�r�������.������� ■■■■■■■■■■■■■■■■■■■■■■■liuil t @ 13'-0" JAMB DETAIL 1 1/2" = 1'-0" 4 T < HEAD DETAIL rLILL rCRIIVIC I CR, DV 1 rl SIDES PREFINISHED VERTICAL SIDING DOOR AS SCHEDULED 5/8" GYPSUM BOARD OVER VAPOR BARRIER FLAT 3 5/8" METAL STUD FURRING AT 16" ON CENTER PEMB OPENING FRAMING PEMB INSULATION SYSTEM PREFINISHED VERTICAL SIDING PREFINISHED METAL FLASHING WITH DRIP ALUMINUM ENTRANCE FRAME, SEAL FULL PERIMETER, BOTH SIDES DOOR AS SCHEDULED A200 1 1/2" = AIR BARRIER OVER 5/8" SHEATHING FLAT 3 5/8" METAL STUD FURRING AT 16" ON CENTER PREFINISHED EXTERIOR METAL PANEL SYSTEM, SEAL EDGES PER MANUFACTURER'S REQUIREMENTS PREFINISHED METAL FLASHING , SLOPED TO DRAIN, WITH DRIP EDGE 5/8" GYPSUM BOARD OVER VAPOR BARRIER DOOR NO. DOOR WIDTH HEIGHT THICK DOOR MATERIAL D T 100A 6' - 0" 7' - 0" 1 3/4" ALUM 100B 6' - 0" 7' - 0" 1 3/4" ALUM 102A 3' - 0" 7' - 0" 1 3/4" SCWD 102B 3' - 0" 7' - 0" 1 3/4" SCWD 103 3' - 0" 7' - 0" 1 3/4" SCWD 106A 3' - 0" 7' - 0" 1 3/4" SCWD 106B 6' - 0" 7' - 0" 1 3/4" SCWD 107A 3' - 0" 7' - 0" 1 3/4" IGHM 107B 3' - 0" 7' - 0" 1 3/4" SCWD 107C 27' - 3" 12' - 0" 3" 108A 6' - 0" 7' - 0" 1 3/4" ALUM 108B 6' - 0" 7' - 0" 1 3/4" ALUM 109A 6' - 0" 7' - 0" 1 3/4" SCWD 109B 3' - 0" 7' - 0" 1 3/4" SCWD 109C 3' - 0" 7' - 0" 1 3/4" SCWD 109D 3' - 0" 7' - 0" 1 3/4" SCWD 109E 3' - 0" 7' - 0" 1 3/4" SCWD 110A 3' - 0" 7' - 0" 1 3/4" IGHM 110B 24'-6" 12'-0" 3" 111A 3' - 0" 7' - 0" 1 3/4" IGHM 111B 24'-6" 12'-0" 3" 112 3' - 0" 7' - 0" 1 3/4" IGHM 114 3' - 0" 7' - 0" 1 3/4" SCWD 115 3' - 0" 7' - 0" 1 3/4" SCWD 116 3' - 0" 7' - 0" 1 3/4" SCWD 117 3' - 0" 7' - 0" 1 3/4" SCWD 119A 3' - 0" 7' - 0" 1 3/4" IGHM 119B 3' - 0" 7' - 0" 1 3/4" SCWD 120 3' - 0" 7' - 0" 1 3/4" SCWD 121A 3' - 0" 7' - 0" 1 3/4" IGHM 121B 3' - 0" 7' - 0" 1 3/4" SCWD 122 3' - 0" 7' - 0" 1 3/4" SCWD 123A 9' - 0" 9' - 0" 1 1/2" STL 123B 3' - 0" 7' - 0" 1 3/4" IGHM 123C 6' - 0" 7' - 0" 1 3/4" SCWD 123D 3' - 0" 7' - 0" 1 3/4" SCWD 124A 3' - 0" 7' - 0" 1 3/4" SCWD 124B 3' - 0" 7' - 0" 1 3/4" SCWD 125 3' - 0" 7' - 0" 1 3/4" SCWD 126 3' - 0" 7' - 0" 1 3/4" SCWD nMnTC• VERTICAL METAL SIDING A600 3 A600 METAL PANEL SYSTEM 2 A10 I-' 3 A200 Ell Ell Ell A100 MESPLIT FACE BLOCK 107 A200 A 10' - 0" T.O. MASONRY` CANOPY NOT SHOWN FOR CLARITY, SEE ELEVATION THIS PAGE TOP OF SLAE 0 ADDER. VERTICAL METAL SIDING 4 A600 3 A600 PROV DE CONCRETE SPLASHBLOCK AT EACH DOWNSPOUT 111111 11111 10' - 0' T.O. WINDOW 7' - 2' B.O. WINDOW JAMB DETAIL 1 1/2" = 1'-0" HIM CSHKKICK UN/CM 3/0 SHEATHING PREFINISHED EXTERIOR METAL PANEL SYSTEM ti _i ROOF ASSEMBLY: - PREFINISHED STANDING SEAM METAL ROOFING - PEMB PURLINS WITH PEMB INSULATION SYSTEM - VAPOR BARRIER FABRIC WALL ASSEMBLY: - PREFINISHED VERTICAL SIDING - PEMB GIRTS WITH PEMB INSULATION SYSTEM - VAPOR BARRIER FABRIC - FLAT 3 5/8" METAL STUD FURRING AT 16" ON CENTER* - 5/8" GYPSUM BOARD* , V„ 1,1 V I 3 \ SECTION DETAIL A600 \ 1 1/2" = ERI FYWTH STRUCTURAL ROOF ASSEMBLY: - PREFINISHED STANDING SEAM METAL ROOFING - PEMB PURLINS WITH PEMB INSULATION SYSTEM - VAPOR BARRIER FABRIC CANOPY, SEE A/A600 WALL ASSEMBLY: - PREFINISHED EXTERIOR METAL PANEL SYSTEM - AIR BARRIER OVER 5/8" SHEATHING - PEMB GIRTS - 6" METAL FRAMING AT 16" ON CENTER, FILL CAVI WITH BATT INSULATION - 1/2" AIR CAVITY 1 - FLAT 3 5/8" METAL STUD FURRING AT 16" ON CEI' - 5/8" GYPSUM BOARD OVER VAPOR BARRIER 11' - 0" T.O. TRANSITION 10' - 0" T.O. MASONRY A 3 600 11 ROOF ASSEMBLY: - PREFINISHED STANDING SEAM METAL ROOFING - PEMB PURLINS WITH PEMB INSULATION SYSTEM - VAPOR BARRIER FABRIC TOP OF WALL TO RIDE IN METAL SLIP TRACK ACOUSTICAL CEILING TILE, ALT. WALL ASSEMBLY: - PREFINISHED VERTICAL SIDING - PEMB GIRTS WITH PEMB INSULATION SYSTEM - VAPOR BARRIER FABRIC - 1/2" AIR CAVITY - 6" METAL FRAMING AT 16" ON CENTER - 5/8" GYPSUM BOARD PEMB GIRTS, VERIFY SPACING WITH PEMB MANUFACTURER ROOF ASSEMBLY: - PREFINISHED STANDING SEAM - PEMB PURLINS WITH PEMB INS - VAPOR BARRIER FABRIC 5/8" GYPSUM BOARD FURR COLUMNS WITH 3 5/8" METAL FRAMING AT 24" ON CENTER, FILL VOIDS WITH BATT INSULATION WALL ASSEMBLY: - PREFINISHED VERTICAL SIDING - PEMB GIRTS WITH PEMB INSUL, - VAPOR BARRIER FABRIC - PEMB METAL LINER PANEL PEMB GIRTS, VERIFY SPACING WITH PEMB MANUFACTURER 11 III RTU 3 1111111 RTU 4 111 w 0 > J O w 0 _ z U O• w .TtJ0 W Q 2 • U- W U w 0 O C0D zz o F- z < 0 cU SHALL REMAIN THAT OF CONTRACTOR. PONSIBLE FOR COORDINATION BETWEEN AL, MECHANICAL, ELECTRICAL AND PLUMBING WORK CT OF ANY CONFLICTS AND/OR DISCREPANCIES. 1INATE VISIBLE DEVICES WITH ARCHITECT AND qOT INDICATE TEMPORARY REQUIREMENTS. NEED NG, TEMPORARY EARTH RETENTION, TEMPORARY EMPORARY MEASURES MAY BE INDICATED ON EAS AS SUGGESTIONS FOR CONTRACTOR'S )O NOT IDENTIFY ALL AREAS OR CONDITIONS kSURES. IT IS CONTRACTOR'S RESPONSIBILITY TO URES INDICATED ON DRAWINGS, IDENTIFY OTHER JIRING TEMPORARY MEASURES, DETERMINE MOST -EMS AND DESIGN AND CONSTRUCT TEMPORARY FROM STEEL DECK. FOR AN ASSUMED 1,500 PSF NET ALOWABLE BEARING SHALL INSPECT AND PERFORM TESTS TO VERIFY THE ARING PRESSURE AT FOUNDATION BEARING OL SERVICE SHALL NOTIFY STRUCTURAL ENGINEER ACTUAL ALLOWABLE BEARING PRESSURE IS LESS OR WHERE FOUNDATION ELEVATIONS MUST BE OPRIATE MATERIAL. CONSTRUCTION OF THE NOT PROCEED AT SUCH LOCATIONS UNTIL AN rION HAS BEEN REVIEWED AND ACCEPTED BY BE PLACED ON A VAPOR RETARDER OVER A MINIMUM DT GRADE NO. 11 COMPACTED TO A MINIMUM OF 95% 1BTAINED IN ACCORDANCE WITH ASTM D-1557, ). LGINEER FOR SLOPE OF EXCAVATION CUTS. AND CONCRETE AS SOON AS POSSIBLE AFTER DATION SYSTEM. OR AGAINST SUBGRADE MATERIAL CONTAINING PERMITTED IN CONCRETE EXCEPT WHERE THEY NORMALLY O( INDICATED. VERTICAL JOINTS SHALL OCCUR ONLY AT LOCATIC STRUCTURAL ENGINEER. 10. PREPARE JOINTS BY ROUGHENING THE SURFACE OF THE CON ACCEPTABLE MANNER SO THAT THE AGGREGATE IS EXPOSED LEAVING NO RESIDUE PARTICLES OR DAMAGED CONCRETE. 11. MAXIMUM SPACING FOR CONSTRUCTION OR CONTROL JOINTS SLAB—ON—GRADE SHALL BE 12.5 FEET IN EACH DIRECTION. WHE CONSTRUCTION AND CONTROL JOINTS SHALL OCCUR ALONG SEE ARCHITECTURAL DRAWINGS AND SPECIFICATIONS FOR JC SEALANTS. CONTRACTOR SHALL SUBMIT PROPOSED CONSTRI CONTROL JOINT LAYOUT AND DETAILS FOR ARCHITECT'S REVII ACCEPTANCE. 12. DO NOT CUT OR WELD REINFORCING STEEL WITHOUT PRIOR A STRUCTURAL ENGINEER. 13. PROVIDE REBAR CHAIRS FOR REINFORCING STEEL. PROVIDE P LONGITUDINAL SUPPORT BARS AS REQUIRED TO ASSURE PRO REINFORCING STEEL AND WIRE MESH. 14. DESIGN AND DETAILING OF FORMWORK AND SHORING SYSTEM RESPONSIBILITY OF CONTRACTOR. 15. DO NOT REMOVE FORMWORK PRIOR TO CONCRETE ATTAINING SPECIFIED 28—DAY COMPRESSIVE STRENGTH. 16. HEADED CONCRETE ANCHORS SHALL BE MANUFACTURED BY P WELDING CO., LORAIN, OHIO, OR OTHER MANUFACTURER ACCT STRUCTURAL ENGINEER. SEE DRAWINGS FOR DIAMETER AND INSTALLATION AND TESTING SHALL BE IN ACCORDANCE WITH P RECOMMENDATIONS. MATERIAL SHALL CONFORM TO ASTM Al 17. ENSURE FULL CONSOLIDATION OF CONCRETE AROUND DOWEL DEFORMED BAR ANCHORS, HEADED CONCRETE ANCHORS ANC ITEMS DURING CONCRETE PLACEMENT. 18. DO NOT INCREASE OR REDUCE INDICATED DEPTH OR THICKNE CONCRETE FRAMING MEMBER AT ANY POINT ALONG MEMBER INDICATED SLOPES. 19. SHOP DRAWINGS: SUBMIT SHOP DRAWINGS FOR FABRICATIOls OF WORK. INCLUDE DETAILS AND REQUIREMENTS FOR FOLLO' PERTINENT DATA: 19.1. REINFORCEMENT: DETAIL CONCRETE REINFORCEMENT AN MEETING REQUIREMENTS OF ACI 315, ACI 318 AND CRSI — STANDARD PRACTICE. 19.2. JOINTS: LOCATION AND DETAILS FOR CONSTRUCTION ANC \\- S1 (±0'-0") S3 a S1 (VERIFY ELEVATION WITH WOOD FLOOR SYSTEM) U NL U S3 11" 2 -n-1 L___ \\- S1 (±0' -CA\ U U F60x60 P12x22 F0-11°.- F19 1 n \\- S1 „ F30x30 (±0 -0) P12x12 1-01) U Cr) (/) �` o F19 o L _ 00 F60x60 P12x16 1/2" F60x60 -I P12x16 F33x40 P32x40, TYP. F25x25 P12x12, TYP. F30x30 P12x18 rn u_ F30x30 P12x18 F40x40 P18x22 N 6 S3 rn u_ (' cY) 1'-2" J E3 S3 EN N _ 1 S1 (SLOPE L \TODRAIN) • N LJ 15'-6" 4'-6" ,1 1 1 V 1 1- 1 1- 1\ 1 1 1- ./ 11- 1 1- 1\ 1 NI \ 1 1 - CATION OF 135° HOOK .HIN A HORIZONTAL PLANE ) THRU HEIGHT OF PIER S AT INDICATED SPACING. SCE FIRST SET OF TIES 1/2 OF INDICATED kCING ABOVE TOP OF JNDATION JOINTS FULL HT. OF rH SIDES OF WALL NUE HALF OF EINF. & JOINT /AY FULL HEIGHT NUE HALF OF =INF. AT JOINT PACED AT 30' ;ONRY JOINT ATIONS FOR T/SLAB • EL. SEE PLAN EXTEND TOP BARS 3'-0" BEYOND DEPRESSION T/FOOTING EL. SEE PLAN 1 72" MINIMIM Moo— III-III-III-III-III-III-III-III-III-III-I I 11 0 - 1'-0" UN -COMPACTED SCHEDULED FOOTING j8" j, GRANULAR FILL (7TYP. SECTION AT THRESHOLD AND STOOP S3 0 1 2 4 FROST SEE PL EXTEN- (2) #4 T AND BC CONCRETE ENCASED TENSION TIE ob T/SLAB • EL. SEE PLAN SCHEDULED PIER WALL BEYOND ob T/FOOTING • EL. SEE PLAN C� -tr =PI= ANCHOR RODS, COORDINATE REQUIREMENTS WITH PRE-ENGINEERED BUILDING MANUFACTURER. —III—III-III-III-III-III-I I I III=1 11=1 11=1 11=1 11=1 11=1 11= I ��ii�ii�ii� I I EXTEND WALL REINFORCING BARS THROUGH PIER 7 Site Plan Amendment Request - NE of 1730 West Ridgeway Avenue Looking north from West Ridgeway Avenue. Proposed Building Location Looking Northeast from West Ridgeway Avenue at where the new building would be constructed. Looking east along West Ridgeway Avenue where it intersects with Provision Parkway. 1730 West Ridgeway Avenue, which is currently under construction. Page 92 of 303 APPLICATION SITE PLAN AMENDMENT TOA "R -P", "M -P", "C -P", "B -P", "S-1" OR "C -Z" DISTRICT CITY OF WATERLOO PLANNING, PROGRAMM1NG, AND ZONING COMMISSION, WATERLOO, IOWA 319.291.4366 New or Overall Amendment 1/ Individual. Building Minor change (check one) (Minor Change mustbe approved by staff) 1. APPLICATION INFORMATION: a. Applicant's name (please print): Addres . '4+-9_,Q40, tdd* J10,13hone: Fax: b Status of apple t: (a) Owner (b Other CHECK ONE): If other ex lain: k- . (,,i - C(,ts. ,0/A } 6 e c. Property owner's natne if i rferent t n above (please .print): ';1��v Address...324, n s P. Phone l�}-� y///, �:. Fax: City: fIs State: 7:1121_,3,,,,,_ Zip: _<-67/4 '3 City: State: 1 -4.c,), --Zip: 2. PROPERTY INFORMATION: a. General locationof site plan to be amended; b. Legal description: of property or portion to be amended: V J 1 %. • P.. -.-}C Li c. Dimensions of proposed site plan amendment:— n.S . d. Area of proposed site plan endinent: S e. Current zoning: f` f. Reason(s) for site plan amendment and proposed use(s):of property: 1...��z "�'i"rt✓c Q'� g. Conditions (if any) agreed to. (d not affect existing conditions unless specified): h. Other pertinent information (use reverse side if necessary): Please. Note: If applicant is not the owner of the property, the signature of the • owner must be secured, If it is the intent to subdivide (split) any land, vacant or improved in conjunction with this request it must go through a platting.. process (separate from site plan amendment request). The filing fee of $200 (for new or overall amendment), $100 (for individual Building), or $0 (for minor change) (payable to the City of Waterloo) is required. This fee is non-refundable. Under no condition shall said sum or any part thereof be refunded for failure of said amendment to be enacted into law. Any major change in any of the information given will require that the request go back through the process, with a new filing fee. If the request is denied no new petition covering the same or portion of the same property shall be filed with or considered by. the Planning, Programming, and Zoning Commission until four (4) months have elapsed from the date of denial by the Waterloo City Council. The undersigned certify under oath and under the penalties of perjury that, all information on this request and submitted along with it is true and correct. All information submitted willbe used by the Waterloo Planning, Programming, and Zoning Commission and the Waterloo City Council in making their decision. The undersigned authorize City Zoning Officials to_enter-tbe property in i uestion in regards to the request. Kirby J. Baurngard, 14 Mar 2017 Chief Financial Officier -7 ,-- — 117' Fusion Real Estate, LLC Page 93 of 303 CITY OF WATERLOO Council Communication Sale and conveyance of city owned property located west of 2010 West Ridgeway Avenue (Denso), to Kwik Trip, Inc. in the amount of $1.00, and approving Development Agreement and Offer to Purchase. City Council Meeting: 4/24/2017 Prepared: 4/5/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Kwik Trip Offer to Purcahse a Development Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Cover Memo Cover Memo D ate 4/19/2017 - 11:01 AM 4/19/2017 - 3:02 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No Comments on File. Motion to close hearing and receive and file oral and written comments. Resolution approving a Purchase Agreement between Kwik Trip, Inc. of LaCrosse, Wisconsin and the City of Waterloo, Iowa, for the purchase of city owned property located west of 2010 West Ridgeway Avenue, in the amount of $1.00, and authorize Mayor to execute said agreement. Resolution approving sale and conveyance of city owned property located west of 2010 West Ridgeway Avenue (Denso), to Kwik Trip, Inc. of LaCrosse, Wisconsin, in the amount of $1.00, and authorizing Mayor and City Clerk to execute necessary documents. Resolution approving a Development Agreement between Kwik Trip, Inc. of LaCrosse, Wisconsin and the City of Waterloo, Iowa, for the development of property located west of 2010 West Ridgeway Avenue, and authorize Mayor to execute said agreement. Submitted By: Noel Anderson, Community Planing & Development Director Approval As you may recall, the rezoning of land for Kwik Trip, Inc. (stores known in Iowa as Kwik Star) down at the "red barn" on Highway 63 south was denied for a new fuel blending station. Kwik Trip, Inc. has been searching for a new site to construct their first blending station location in Iowa. Staff has been working to gain this new business development in Waterloo. The site west of Denso, per the Offer to Purchase, is city -owned property that was acquired for industrial development. The proposed Offer to Purchase would include a Development Agreement (Item 6.9) for the Page 94 of 303 Expenditure Required: Source of Funds: construction of the fuel blending station. Not applicable for this agreement. However the City will need to extend sewer to the site. NA. Note above - there is existing bond funds (to be repaid with TIF) for the sewer extension. Policy Issue: Economic Development Alternative: Not approve Background Information: Legal Descriptions: The City acquired the roughly 26+ acres of land in this area for the Denso project and future industrial projects. This Kwik Trip, Inc. project would appear to be a good industrial fit for the area, and work to bring a new type of industry/business to the community. Kwik Trip has been a very good partner in development throughout the Waterloo community, and this being their first Iowa blending station bodes well for future partnerships for more private investment in Waterloo. The sewer was extended to serve Denso, but at their southeastern corner. The City has planned to eventually extend sewer to serve the entire site in previous years, but now has a project to move that ahead. That part of the SE 1/4 of Section 32-89-13, Waterloo, Black Hawk County, Iowa lying West of the Westerly line of Lot 1 of Brock Addition, lying North of a Westerly extension of the South line of said Lot 1, said South line also being the North Right -of -Way line of West Ridgeway Avenue, lying South of a line that is 150.00 feet South of the Westerly extension of the North line of said Lot 1, and lying East of a line that is parallel with and 400.00 feet West of the West line of said Lot 1. Said legal is to be described by Plat of Survey or Subdivision Plat to be prepared prior to conveyance. Page 95 of 303 OFFER TO PURCHASE Kwik Trip, Inc., a Wisconsin corporation, with offices at 1626 Oak Street, La Crosse, Wisconsin 54603 or its assigns ("Buyer") offers to purchase from the City of Waterloo, an Iowa municipality, with offices located at 715 Mulberry Street, Waterloo, Iowa 50703 ("Seller") certain real estate located on Ridgeway Avenue, Waterloo, Iowa (a portion of Parcel No. 8913-32-476- 010), as generally depicted and described on attached Exhibit A (the legal description of which shall be verified by Buyer's survey after Seller completes the subdivision to create the Property), together with easements, access rights, and privileges appurtenant thereto, and rights, title and interest in and to any land lying in the bed of any adjoining road or alley ("Property"), on the following terms and conditions. If this Offer is not accepted on or before April 25, 2017, this Offer shall become null and void. Upon acceptance of this Offer by Seller and Buyer, this Offer shall constitute an agreement for the purchase and sale of the Property ("Agreement") on the following terms and conditions: 1. PURCHASE AND SALE OF PROPERTY. 1.1 Property. Seller will validly sell and deliver to Buyer, by special warranty deed, free and clear of all defects, liens and encumbrances, except for current taxes not yet delinquent, and Buyer will accept and acquire at Closing, the Property. 1.2 Purchase Price for Real Property. (a) Amount and Payment. The purchase price for the Property shall be One and 00/100 Dollar ($1.00) ("Purchase Price"), which shall be payable at Closing. (b) Closing Adjustments. (i) Real estate taxes shall be prorated as of the Closing Date. If tax bills for the year of the Closing Date are not available as of the Closing Date, such proration shall be based upon the tax bills for the calendar year immediately preceding the calendar year in which the Closing Date occurs; and (ii) All utility charges, if any, for the Property shall be metered as of the Closing Date and paid by Seller on or immediately after the Closing Date without the requirement of proration. Utility charges which cannot be so metered shall be prorated on the basis of the last period for which a statement is available. 1.3. Personal Property. There is no personal property included in the sale. 2. NO ASSUMPTION OF LIABILITIES. BUYER DOES NOT ASSUME AND SHALL NOT BE LIABLE FOR ANY OF SELLER'S OBLIGATIONS OR LIABILITIES OF ANY NATURE WHATSOEVER, AND THE SAME SHALL CONTINUE TO BE THE RESPONSIBILITY OF SELLER. Page 96 of 303 3. WARRANTIES OF SELLER. Seller warrants to Buyer and agrees that: 3.1 Compliance. Seller will comply with all applicable laws as may be required for the valid and effective transfer of the Property to Buyer. 3.2 Absence of Consents, Liabilities and Litigation. No consent or authorization is required for the consummation by Seller of the transactions contemplated hereby. There is no lease, agreement, mortgage, financing statement, security agreement or other instrument to which Seller is a party and by which the Property is subject or bound. There is no liability, order, judgment, stipulation, consent decree or obligation of any kind whatsoever to which the Property will be subject following consummation of the transactions contemplated hereby. There is no legal proceeding or investigation pending or threatened against Seller or the Property, which could materially and adversely affect it, nor has Seller committed any act which could give rise to any such legal proceeding or investigation. 3.3 Property. (a) Title. Seller will have, as of the Closing Date, good and marketable title to and undisputed possession of the Property. Seller's title will be as of Closing Date free and clear of all defects, liens, and encumbrances not approved by Buyer in writing, including, without limitation, all claims of parties in possession, unpaid taxes and special assessments, easements, rights-of-way, mortgages, judgments, encumbrances, leases, tenancies, franchise agreements, restrictive covenants, encroachments, party wall agreements, mineral interests, or other matters not acceptable to Buyer. Seller's title has not been disputed and no person or entity has any option to purchase, contract for the purchase of, or claim to or against the Property for any reason whatsoever. (b) Quantity. The Property consists of approximately 175,000 square feet, all of which is located outside of adjacent streets. (c) Condition. There are no underground storage tanks or wells located on the Property. There is no solid waste located on the Property. (d) Matters Affecting the Property. Seller has no notice or knowledge of: (i) actions, corrective actions, special proceedings, bankruptcies or probate proceedings affecting the Property; (ii) any planned or commenced public improvements which may result in special assessments or otherwise materially affect the Property; (iii) any order requiring any repairs to or corrections of any existing conditions of the Property; (iv) any violation of any subdivision, land use, zoning, building or environmental laws or governmental requirements affecting the Property or the ownership, occupancy or use thereof or the proposed use and development of the Property thereof by Buyer; (v) any planned or pending condemnation with respect to the Property or any part thereof; or (vi) any spill, overfill, release or leak incident from any underground storage tank impacting or which may impact the Property and/or adjacent ground water. No structures situated on adjacent properties encroach onto the Property. A right of access exists to, and the Property extends to the street line of all adjacent streets. Adequate governmental authority exists to maintain the access to public streets currently existing from the Property. All bills and charges for work, labor and services rendered and materials furnished in the improvement of the Property have been paid and no person or entity has filed or has a right to file a mechanic's lien therefor. The Property is not located within a flood plain. Seller has no 2 Page 97 of 303 notice or knowledge of any accumulation in or about the Property and adjacent groundwater of: (i) petroleum, PCBs, asbestos, urea formaldehyde or any hazardous waste or toxic, pollutant, contaminant or other substance regulated by any state or federal statute including the Solid Waste Disposal Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Section 9601), the Resource Conservation and Recovery Act (42 U.S.C. Sec. 6901) or the Toxic Substance Control Act (15 U.S.C. Sec. 2604) or by any other statute, rule, regulation or order of any governmental agency having jurisdiction over the control of such substances or wastes; or (ii) other substances of public health concern. 3.4 Warranties True at Closing; Survival of Warranties. Each of the warranties of Seller set forth herein or in any exhibit or instrument delivered pursuant hereto shall be true and correct on the Closing Date as if made again on and as of the Closing Date, shall be effective regardless of any investigation that may have been or may be made by or on behalf of Buyer, and shall survive the Closing Date. 4. CLOSING DATE. Closing shall take place one hundred eighty (180) days from Buyer's receipt of the ALTA survey as set out in Section 5.3 herein, or at such other time as shall be mutually agreed upon. The date and event of closing are, respectively herein referred to as "Closing Date" and "Closing". Closing shall be held via mail through the Title Company or such other place as shall be mutually agreed upon. 5. COVENANTS OF SELLER. 5.1 Conduct Pending Closing Date. Seller agrees to provide Buyer with full access to examine the Property. Seller shall furnish Buyer with copies of all deeds, restrictive covenants, easements, financing statements, lis pendens, leases, agreements, mortgages, security agreements or other instruments to which Seller is a party and/or by which the Property is subject or bound. Seller shall advise Buyer fully as to any agreements, leases or tenancies not in writing affecting the Property. Pending Closing, Seller agrees to cooperate with Buyer in obtaining the permits, approvals and licenses necessary for Buyer's ownership and operation of the Property. 5.2 Title Insurance. Seller shall provide to Buyer an updated abstract of the Property within thirty (30) days from acceptance of this Offer. Buyer shall obtain a commitment to issue an ALTA Form 2006 owner's title insurance policy. All expense incurred in obtaining such commitment and in paying the premium charge for the final title policy shall be paid by Buyer. Such title commitment shall show good and marketable title to the Property in Seller subject only to exceptions or encumbrances acceptable to Buyer. Should Buyer notify Seller in writing of any title matters (exceptions to title or exclusions from title) not acceptable to Buyer ("Title Defect"), Seller shall utilize its best efforts to correct such title matters. Seller shall have thirty (30) days from delivery of Buyer's notice to have such title matters removed from the title commitment and/or to have the title insurance company commit to insure against any loss or damage which may arise or result from such title matters, and in such event, Closing shall be forty-five (45) days after delivery of Buyer's notice or the Closing Date, whichever is later. If Seller is unable to correct such title matters within the appropriate thirty (30) day period, Buyer may, at its option, take all necessary action to do so. Buyer shall have all necessary time to correct such title matters provided Buyer proceeds with reasonable diligence. If Buyer is unable to correct such title matters or opts not to attempt to do so, Buyer may in its sole discretion terminate this Agreement without any liability by written notice to Seller. 3 Page 98 of 303 5.3 Survey; Certification. (a) Seller will provide Buyer with all surveys of the Property in its possession. Buyer may at its option, obtain an updated survey of the Property, and Seller agrees to cooperate with Buyer in obtaining such survey. All expenses incurred in obtaining such survey shall be paid by Buyer. Such survey shall be prepared in accordance with the Minimum Standard Detail Requirements for Land Title Surveys as adopted by the American Title Association and the American Congress on Surveying and Mapping in 2016, and shall include a proper and complete legal description of such Property and shall show: (i) external boundaries of such Property and the length and direction of each dimension; (ii) access to and names of the nearest or adjacent public roads; (iii) the locations of all recorded easements; (iv) the locations of any flood plains; (v) the legal description and street address of such Property and the number of square feet within such property; (vi) setback requirements; (vii) physical encroachments onto such Property and from such Property onto adjacent property; (viii) the locations of monuments at corners; (ix) the locations of all improvements; (x) the locations of all utilities and if they have not been extended to the boundary of such Property, the nearest point from which they could be extended to such Property; (xi) the locations of all concrete pads, stand pipes, vent pipes and filler pipes; (xii) the topography of the Property at two foot intervals; and (xiii) other information necessary or required by the title company to remove the "survey" exception in the title commitment; (b) The survey described above shall contain a certification by the surveyor to Buyer and all those who may purchase, take a mortgage on or insure title to the Property described therein within one (1) year from the date of said survey that (i) the information, courses, and distances shown are correct, (ii) the title lines and lines of actual possession are the same, (iii) the size, location and type of buildings and improvements are as shown and all are within the boundary lines and applicable setback lines of such Property, (iv) there are no violations of zoning ordinances or restrictions with reference to the location, size or height of said buildings and improvements, (v) there are no easements or uses affecting such Property appearing from a careful inspection of the same, other than as shown on the commitment of title insurance described in Section 5.2 hereof and depicted thereon, (vi) there are no encroachments affecting such Property except as shown on the survey, and (vii) no part of such Property lies within a flood zone designation (with proper annotation based on federal Flood Insurance Rate Maps or the state or local equivalent, by scaled map location and graphic plotting only). 5.4 Transfer Fees. Seller shall be responsible for and shall pay all state transfer fees and/or deed taxes imposed with respect to the transfer of the Property to Buyer. 5.5 Nonforeign Affidavit. Seller shall deliver to Buyer at Closing Seller's affidavit that Seller is not a foreign person, foreign corporation, foreign partnership, foreign trust or foreign estate (as those terms are defined in and in accordance with the Internal Revenue Code of 1986, as amended, and the applicable regulations promulgated thereunder). 5.6 Further Instruments. On Closing Date, or thereafter if necessary, Seller shall, without cost or expense to Buyer, execute and deliver to or cause to be executed and delivered to Buyer such further instruments of transfer and conveyance as Buyer may reasonably request, and take such other action as Buyer may reasonably require to carry out more effectively the sale and transfer of the Property contemplated by this Agreement and to protect the right, title and interest of Buyer in and enjoyment by Buyer of the Property. 4 Page 99 of 303 6. MUTUAL COVENANTS AND WARRANTIES. 6.1 Special Assessments. Special assessments, if any, for work on the site of the Property commenced and any areawide assessments or charges for work plans adopted prior to or on Closing Date shall be paid by Seller. Special assessments, if any, for work on such site of the Property commenced after Closing Date, shall be paid by Buyer. Seller shall pay any agricultural penalty/back taxes on the Property which are due and payable through the Closing Date. 6.2 Eminent Domain. If all or any portion of the Property or points of access thereto are condemned by public or quasi -public authority prior to Closing, Seller immediately shall notify Buyer thereof and of the portion of the Property which shall have been condemned. Buyer may, in its sole discretion, terminate this Agreement without any liability by written notice to Seller within fifteen (15) days following notice of such condemnation. 6.3 Binding Obligation. Seller warrants to Buyer and Buyer warrants to Seller that this Agreement constitutes its valid and legally binding obligation enforceable against it in accordance with the provisions hereof. 6.4 Zoning. If the Property is not zoned for Buyer's operation of a truck terminal/self-fueling station at the time of Seller's acceptance of the Offer, Buyer will after such acceptance, file an application to have the Property so zoned, and Seller agrees to support Buyer's application for rezoning, to the extent not inconsistent with Seller's role as the zoning authority. All reasonable expense incurred in filing and processing such application for rezoning shall be paid by Buyer. 6.5 Specific Performance. Buyer shall have the right to specific performance, upon tender of payment by Buyer, of each of the agreements and obligations of Seller to be performed hereunder by Seller, in addition to all other remedies Buyer may have at law or in equity. 6.6 Property Testing. Buyer, at Buyer's expense, may enter upon the Property to conduct such tests and make such examinations, including soil, boring and environmental tests, as Buyer deems necessary. In the event the results of tests or examinations conducted by Buyer or Buyer's representative(s) do not verify that there is no accumulation in or about the Property or adjacent groundwater of petroleum, PCBs or any hazardous waste or toxic pollutant, contaminant or other substance regulated by any state or federal statute including Solid Waste Disposal Act, as amended, the Comprehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. Sec. 9601), the Resource Conservation and Recovery Act (42 U.S.C. Sec. 6901) or the Toxic Substance Control Act (15 U.S.C. Sec. 2604) or by any other statute, rule, regulation or order of any governmental agency having jurisdiction over the control of such substances or wastes, or other substances of public health concern, or if Seller acknowledges that the Property is contaminated by any such waste or substances, Buyer may in its sole discretion, terminate this Agreement. 6.7 Indemnity by Buyer. Buyer agrees to indemnify, defend and hold City harmless from and against any and all claims, demands, actions, causes of action, costs, fees, expenses, and liabilities of any type or nature, including but not limited to reasonable attorneys' 5 Page 100 of 303 fees, whether sounding in law or equity, in tort or contract, arising out of the activities of Buyer, its employees, agents or contractors, upon the Property before Closing. Buyer's rights of access for the purposes described in Sections 5.1 and 6.6 are expressly made subject to the foregoing covenant of indemnity. The duties of Buyer under this paragraph shall survive the expiration or termination of this Agreement. 6.8 Seller's Work. Prior to Closing, the Property shall be surveyed by Seller to legally define the Property, and Buyer shall pay any and all costs/fees associated with the new plat of record. 6.9 Development Agreement. Prior to Closing, Seller and Buyer shall have entered into a mutually agreeable Development Agreement related to the Property. 7. TERMINATION OF AGREEMENT. 7.1 Causes. This Agreement, unless sooner terminated in accordance with the provisions hereof, may be terminated prior to Closing by: (a) mutual consent of the parties; (b) written notice from Buyer to Seller, if there has been a material misrepresentation or breach by Seller in the warranties or covenants of Seller set forth herein, or if any of the conditions set forth herein have not been satisfied or waived by Buyer in writing or Closing has not occurred by the Closing Date or the date of such notice, whichever is later; or (c) written notice from Seller to Buyer if there has been a material misrepresentation or breach by Buyer in the warranties or covenants of Buyer set forth herein. 7.3 Right to Proceed. If any of the conditions set forth herein have not been satisfied, Buyer may waive its rights to have such conditions satisfied and may proceed with the transactions contemplated hereby. 8. CONDITIONS. Each of the agreements and obligations of Buyer to be performed hereunder by Buyer are conditional on the satisfaction of the following conditions: 8.1 Acts to be Performed. Each of the agreements and obligations of Seller to be performed hereunder by Seller on or before the Closing Date shall have been duly performed. 8.2 Warranties True at Closing. Each of the warranties of Seller set forth herein or in any exhibit or instrument delivered pursuant hereto shall be true and correct on and as to Closing Date. 8.3 Absence of Changes and Litigation. There shall have been no material adverse change in the Property, and there shall not have been any occurrence, event, or set of circumstances, which might reasonably be expected to result in any such material adverse change before or after Closing Date. There shall be no proceeding or investigation pending or threatened against Seller or Buyer or affecting the Property which, in the reasonable judgment of Buyer, would make the consummation of the transactions contemplated by this Agreement inadvisable. 6 Page 101 of 303 8.4 Rezoning; Permits/Licenses; Curb Cuts; Easements. Within one hundred eighty (180) days from Buyer's receipt of the ALTA survey as set out in Section 5.3 herein ("Contingency Date"), Buyer shall have obtained on terms reasonably satisfactory to Buyer: (i) any rezoning of the Property for use as a truck terminal/self-fueling station and plat or replat approval in connection therewith; (ii) all permits, licenses, variances or approvals necessary for the lawful construction, operation and use of the Property as a truck terminal/self-fueling station and reasonable access thereto; (iii) any curb cuts necessary for adequate access to all adjacent streets; (iv) all easements for utilities, services and access necessary for the construction, operation, and use of the Property for a truck terminal/self-fueling station, (v) all utilities or services necessary for the construction, operation and use of the Property as a truck terminal/self-fueling station; and (vi) determination within Buyer's sole discretion, that the Property is economically viable for Buyer's intended development and use of the Property. 8.5 Due Diligence; Survey; Site Investigation. On or before the Contingency Date, Buyer shall have obtained: (i) a satisfactory outcome to its due diligence investigation with respect to the Property; (ii) a satisfactory survey and site investigation verifying Seller's warranties with respect to the Property; (iii) a satisfactory outcome to its soil, boring and environmental testing; and (iv) satisfactory evidence that the Property and the contemplated operation and use of the Property by Buyer as a truck terminal/self-fueling station complies with all applicable laws. 8.6 Instruments of Transfer. At least seven (7) days prior to Closing, Sellers shall have delivered to Buyer for review and approval, drafts of such instrument or instruments of transfer and conveyance regarding the Property of the nature hereinbefore specified. Once reviewed and approved by Buyer, all original signed documents shall be deposited with the Title Company to be held in trust until the Closing Date. 8.7 Survey. On or before the Contingency Date, Buyer shall have reviewed and approved of the survey as described in Section 5.3 hereof, which shall show, to the complete satisfaction of Buyer, with respect to the Property that: (i) there are no violations of zoning ordinances or any other restrictions with reference to the size, height or location of the buildings and other improvements located on the Property, including those to be constructed by Buyer; (ii) there are no easements, recorded or apparent, or other uses which adversely affect the Property or Buyer's use thereof; (iii) there are no encroachments onto the Property or of improvements on the Property onto adjoining land; (iv) the Property does not lie within a flood or Lakeshore erosion hazard area as shown on any map published by the Federal Emergency Management Agency, the U.S. Department of Housing and Urban Development or the Iowa Department of Natural Resources; (v) the Property is adequate, within Buyer's sole discretion, for its construction, operation and use as a truck terminal/self-fueling station; and (vi) no other condition exists which would unreasonably interfere with or restrict Buyer's use of the Property for the purposes for which it was intended or delay Buyer's development of the Property. Any nonconformity herewith shall be deemed a Title Defect as defined herein. 8.8 Title Insurance. On or before the Closing Date, Buyer shall have received and approved the title insurance commitment referred to in Section 5.2 hereof. 8.9 Seller's Work. Prior to Closing, the Property shall be subdivided and re -platted as set out in Section 6.8 herein. 7 Page 102 of 303 8.10 Development Agreement. Prior to Closing, Seller and Buyer shall have entered into a mutually agreeable Development Agreement as set out in Section 6.9 herein. Buyer may acknowledge satisfaction or waiver of any of the foregoing conditions, only by delivering written notice of satisfaction or waiver to Seller on or before the Contingency Date. If Buyer does not acknowledge in writing the satisfaction of one or more of the foregoing conditions (or otherwise waive the same in writing) on or before the Contingency Date, then this Agreement shall automatically be deemed to be null and void, without action required of either party and Buyer and Seller shall thereafter be released from any liability or obligation hereunder. Notwithstanding anything contained herein to the contrary, it shall be a condition of Buyer's obligation to close this transaction that (i) the representations and warranties made by Seller in Section 5 shall be correct as of the Closing Date with the same force and effect as if such representations were made at such time; (ii) Seller shall have complied with all of the terms and conditions contained in this Agreement; and (iii) the status and marketability of title shall have been established to Buyer's satisfaction in accordance with this Agreement. 9. NOTICES. Any notice required or permitted hereunder shall be in writing and shall be considered delivered in all respects when it has been delivered by hand or mailed via Federal Express or by certified mail to Buyer at its office or to Seller at his address first above written. 10. BROKERAGE. Seller and Buyer respectively warrant to each other that no person provided services as a broker or finder with respect to the transaction contemplated hereby. 11. MISCELLANEOUS. This Agreement contains the entire agreement between the parties with respect to the transactions contemplated herein, and shall be binding upon the parties and their respective heirs, successors and assigns. There are no agreements or understandings between the parties other than those set forth herein or in a written instrument executed simultaneously herewith. This Agreement may be amended and any of the provisions hereof may be waived, only by a written instrument executed on behalf of all of the parties or, in the case of a waiver, by the party waiving compliance. The failure of any party at any time or times to require performance of any provision of this Agreement shall in no manner affect the right to enforce that provision or any other provision hereof at any time thereafter. Time is deemed to be of the essence with respect to all of the provisions hereof. 8 Page 103 of 303 Executed as of -'LLL ' ( , 2017. BUYER: KWIK TRIP, INC. By: I Y, ovkirrucr Its: Ce_�vLi v O i r `� EC Accepted as of , 2017, and Seller acknowledges that upon such acceptance this Offer shall constitute an agreement for the purchase and sale of the Property on the foregoing terms and conditions. SELLER: CITY OF WATERLOO By: Quentin Hart Its: Mayor 9 Page 104 of 303 EXHIBIT A PROPERTY Ridgeview Avenue Waterloo, Iowa (a portion of Parcel No. 8913-32-476-010) See attached depiction and Black Hawk County Real Estate Assessment and Tax Information Sheet (The new legal description covering the Property shall be created upon Seller's recording of the new plat of record as set out in Section 6.8 herein) 10 Page 105 of 303 EXHIBIT A PROPERTY Ridgeview Avenue Waterloo, Iowa (a portion of Parcel No. 8913-32-476-010) See attached depiction and Black Hawk County Real Estate Assessment and Tax Information Sheet (The new legal description covering the Property shall be created upon Seller's recording of the new plat of record as set out in Section 6.8 herein) Page 106 of 303 (D 0 0 0 Kwil1 Star Waterloo, Iowa Site in Question- 4 Acres 100 Year Floodplain L 5500Year kloodplain Zoning: M-2, P Planned Industrial District 400 200 0 400 Feet Note: Base map dela tomes is Biwk Howk County. MIN map does nanspre:entamavcy. m liability is ass:media the omm y ofthadote delineated herein, either expressed or implied by Bleak Hawk County, the Bleak Hawk Countymakes n. or -their employees. Inv City of Waterloo makes no ware*, express or a Implied, ante the accuracy of the nformaban shown on thb map, and expmaefy diecfelma lioblity for the maraca thereof. Usera.ahould refers official plata, ourveya, recorded dada, etc. bcated at the Black Hawk Calmly Aseasor o 0flbe fa complete modaccumto information. Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID 8913-32-479-010 Deed Holder 6Tax Mail to Address CITY OF WATERLOO CITY OF WATERLOO 715 MULBERRY ST TTN: FINANCE DEPARTMENT WATERLOO, IA 50703-0000 PDF No, Map Area 1Contract Buyer 3 1NOTTLO-14 i Property Address 00000 00000-0000 Current Recorded Transfer Date Drawn Date Filed Recorded Type Document 6/3/2009 6/11/2009 12009 024074 1D SALES BUILDING PERMIT Date jAmount NUTC / Type None 5/18/2004 329,560 SALE TO/BY GOVERNMENT - PRIOR 109 / Contract ASSESSED VALUES/CREDITS Year 2016 100% Value [Taxable Value 'Class 1A Land Multi -Residential Land 40,750 i0 !Dwelling Building Notal !Acres R 10 Co 140,76o [26.51 Land Multi -Residential Land 19,356 I 0 Dwelling GBuilding Total 0 0 19,356 ear lass 2015 100% Value axable 1Vaiue Land Multi -Residential Land go Dwelling 'Buildln liTotal Acres 10 147,410 126.51 Dwelling Building Total 0 147,410 47,410 10 Land Multi -Residential Land 147,410 0 Class Land E Multi -Residential Land 1Dwelling ;Building !47,410 0 !Total Acres 0 10 147,410 126.51 http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891332476010 (1 of 3) [3/3/2017 8:06:04 AM] Page 108 of 303 Black Hawk County Detailed Parcel Report Taxable Value Land Multi -Residential Land 47,410 0 Dwelling 'Building "'Total _ _ 0 TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017 ax 9 District . 140998 - WLOO MARTIN ROAD AGLAND TIF Value Taxable Valueil M ! itary Exemption Levy Rate I 'Gross corp 110 - 0 0 140.78414 $0.00 $0.00 tiocorp P 0 jo 26.18267 $0.00 Homestead Credit Disabled 'Property Tax eteran Credit Relief Credit Gross Tax Net Tax Corp Nocorp $0.00 $0.00 Credit Business Property Tax Credit $0.00 $0.00 $0.00 LEGAL rDSE EXC E 330 FT SEC 32 T 89 R 13 EXC RD AND EXC THAT PART PLATTED AS BROCK DITION LOT 1 2004-033271 Agricultural Land/CSR2 Class Acres ,Unit/Acres Units --- Adjustment Adjusted Units iota 0.6811166 5 - 0 66 36 Spill 7.11 06 38 0 Flag! 0.76 50 38 Spill 3.69 -195 80 29510295 99 Nevin 11.04 3.83 0 9 Flagl F5 pli 0 1211 Saude 4.18 60 251 0 1251 Sawmi 2.15 76 1163 47 10 0 163 147 Lawle 0.79 60 Lawle 0,49 i' 60 180 129 134 175 -6 22 Spill 0.42 1.37 26.51 -14 -16 20 59 Flagl Totals: 55 49 1344 1-38 1306 Entry Status: Inspected http://www2.co.black-hawk.ia.us/website/bhmap/bhRepDet.asp?apn=891332476010 (2 of 3) [3/3/2017 8:06:04 AM] Page 109 of 303 Prepared by: Noel Anderson, 715 Mulberry Street, Waterloo, Iowa 50703 319.291.4366 DEVELOPMENT AGREEMENT This Development Agreement is entered into as of , 2017, by and between Kwik Trip Inc. ("Company"), and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct a building and related improvements on property located in the Martin Road Development Area. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property. On or before , 2017, City shall convey, or cause to be conveyed, to Company the real property described in Exhibit "A" hereto (the "Property") for the sum of $1.00 (the "Purchase Price"). Conveyance shall be by special warranty deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by 1 Page 110 of 303 the City zoning ordinances, or other applicable law. It is acknowledged that neither the City nor the Company has conducted a Phase I or other environmental study of the Property, which was formerly an acreage and cropland which are believed to caused minimal environmental impact. Therefore it is agreed that if, within twelve (12) months of conveyance, it is determined that there was a violation of environmental law or regulation at the time of conveyance which is not of the making of the Company or its successors, then the City will bear the costs of remediation or cleanup and indemnify and hold the Company harmless from such costs, within a scope of remediation consistent with hazards reasonably possible in light of the Property's former use as an acreage and cropland. If remediation is necessary for conditions outside such scope, the parties agree to negotiate in good faith regarding allocation of costs. 2. Improvements by Company. Company shall construct a blending station as depicted on attachments, and related landscaping, sidewalks, signage and parking improvements (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes, and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the value added by the Improvements will, upon completion, result in an assessed value of no less than $300,000.00. The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, including but not limited to its commitment to convey the Property to Company, and that without said commitment City would not have done so. Company must obtain a building permit and begin construction no later than six (6) months after the date of this Agreement (the "Project Start Date"), and construction of Improvements on the Property shall be completed within twelve (12) months of that Project Start Date (the "Project Completion Date"). If, by the Project Start Date, Company has not begun in good faith to begin construction of the Improvements upon the Property, then title to the Property shall revert to the City. If construction has not begun by the Project Start Date, but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If development has commenced by the Project Start Date or within any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction is to be completed by the Project Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the title to the Property shall revert to the City after the end of said period. 2 Page 111 of 303 In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter of title. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. Company further agrees that it shall indemnify and hold harmless the City with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, or Company's failure to carry on or complete same, or Company's ownership of the Property. If the City files suit to enforce the terms of this Section 3 and prevails in such suit, then the Company shall be liable for all of the City's legal expenses, including but not limited to reasonable attorneys' fees. 4. Water and Sewer. City will provide water main and sewer main infrastructure to the Property line, and Company will be responsible for extending water and sewer service to any location on the Property that it desires and for payment of any associated connection fees. 5. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other lawful charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that, prior to the date set forth in Section 2 of Exhibit "B", it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the aggregate amount of $300,000.00 ("Minimum Actual Value"), through: (i) willful destruction of the Property, Improvements, or any part of either; (ii) a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign the agreement attached as Exhibit "B" at closing. 6. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 3 Page 112 of 303 7. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 8. Abstracting. No less than fourteen (14) days prior to the anticipated date of conveyance, City shall, at its own expense, deliver to Company an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. 9. Obligations Contingent. Each and every obligation of City under this Agreement is expressly made subject to and contingent upon City's completion of all procedures, hearings and approvals deemed necessary by City or its legal counsel for amendment of the urban renewal plan applicable to the Property and/or project area, all of which must be completed within 180 days from the date this Agreement is approved by the City council. If such completion does not occur, then this Agreement shall be deemed canceled and shall be null and void. 10. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Kwik Trip, Inc., , Waterloo, Iowa 5070_, Attention: Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days 4 Page 113 of 303 following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. 11. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 12. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 13. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 14. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 15. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 16. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 17. Entire Agreement. This Agreement, together with the Minimum Assessment Agreement attached hereto as Exhibit "B", constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, 5 Page 114 of 303 discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 18. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized officers as of the date first set forth above. CITY OF WATERLOO, IOWA KWIK TRIP, INC. By: By: Quentin Hart, Mayor For Kwik Trip: Attest: Kelley Felchle, City Clerk 6 Page 115 of 303 EXHIBIT "A" Legal Description That part of the SE 1/4 of Section 32-89-13, Waterloo, Black Hawk County, Iowa lying West of the Westerly line of Lot 1 of Brock Addition, lying North of a Westerly extension of the South line of said Lot 1, said South line also being the North Right -of -Way line of West Ridgeway Avenue, lying South of a line that is 150.00 feet South of the Westerly extension of the North line of said Lot 1, and lying East of a line that is parallel with and 400.00 feet West of the West line of said Lot 1. Said legal is to be described by Plat of Survey or Subdivision Plat to be prepared prior to conveyance. 1 Page 116 of 303 EXHIBIT "B" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of this day of , 2017, by and among the CITY OF WATERLOO, IOWA ("City"), Kwik Trip Inc. ("Developer"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Developer have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Developer will undertake the development of an area ("Project") within the City and within the "Martin Road Development Area"; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Developer desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Developer, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Developer as a part of the Project shall not be less than $300,000.00 ("Minimum Actual Value") until termination of this Agreement. The parties hereto agree that construction of the Improvements will be substantially completed on or before June 30, 2018. 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2023. Nothing herein shall be deemed to waive the Developer's rights under Iowa Code § 403.6, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein. In no 1 Page 117 of 303 event, however, shall the Developer seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein during the term of this Agreement. The City shall not unreasonably withhold its consent to permit the Developer to contest its taxable valuations in full, commencing with the assessment of January 1, 2024. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties. CITY OF WATERLOO, IOWA By: Quentin Hart, Mayor ATTEST: By: Kelley Felchle, City Clerk Kwik Trip Inc. By: For Kwik Trip: STATE OF IOWA ) ss. COUNTY OF BLACK HAWK On this day of , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument 2 Page 118 of 303 was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Acknowledged before me on , 2017 by as of Kwik Trip Inc. Notary Public 3 Page 119 of 303 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the plans and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land, building and equipment upon completion of the development shall not be less than Three Hundred Thousand Dollars ($300,000.00). Assessor for Black Hawk County, Iowa Date STATE OF IOWA ) ss. COUNTY OF BLACK HAWK Subscribed and sworn to before me on , 2017, by T.J. Koenigsfeld as Assessor for Black Hawk County, Iowa. Notary Public 1 Page 120 of 303 CITY OF WATERLOO Council Communication Sale and conveyance of city -owned property located at 1330 Scott Avenue to Tim Moyer in the amount of $28,000 and approve development agreement. City Council Meeting: 4/24/2017 Prepared: 4/5/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description ❑ Detailed Property Report/Aerial Photo ❑ Tim Moyer Bid Application D Brian Mueller Bid Application D Wilson Assets, LLC Bid Application D Nicole Cook Bid Application D Don Lubbert Bid Application D Dave Follcers Bid application D Bid Tab D Development Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo Cover Memo D ate 4/19/2017 - 10:35 AM 4/19/2017 - 3:44 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING—No objections on file. Motion to close hearing and receive and file oral and written comments. Resolution authorizing sale and conveyance of 1330 Scott Avenue to Tim Moyer for $28,000, and authorize City Attorney to prepare and deliver deed accordingly. Resolution approving Development Agreement and authorize Mayor and City Clerk to execute said agreement. Submitted By: Noel Anderson -Community Planning and Development Director Recommendation of approval. The property at 1330 Scott Avenue was acquired through Iowa Code 657A in 2016. The property is in reasonably good shape considering it was vacant for approximately five years. The city received 6 bids for the property that were opened on Thursday March 16 at 1 pm in the first floor conference room (see attached bid tab). The highest bid received was from Tim Moyer, who is also the Chief Electrical Inspector for the City of Waterloo. The bids were reviewed by Community Development and Planning Staff and recommend the Page 121 of 303 approval of the request to purchase with Development agreement allowing 12 months to complete. Expenditure Required: None Source of Funds: N/A Policy Issue: Sale of City owned Property/Dilapidated Housing. Alternative: Demolish and maintain. Legal Descriptions: Lot 19 of Black Hawk Subdivision, Waterloo, Black Hawk County, Iowa. Page 122 of 303 4/5/2017 Printable Map Output Black Hawk County Parcel Map Parcel ID: :913-28-151-020 Deed Holder: ITY OF WATERLOG? Parcel Address: 1330 SCOTT AV, WATERLOO, IA 50701 Legend Satecsd Wrcetdim Features aoadna hospital Aerial Photos lit Bleck Hark Co. _._. airport Aradept parks_ parks ` Railroads Townships i� Sec -hone Water .. Righmf.Way h LITownship 1 " City Lines rotate._ iad—dim meddles whmame .it •'})yy t 6 ; ..At s F ..�nf..',.,' ..`� - ski L f � Lr a ; G . r�.a { 1 1 ,I • : ,F"' t „ x- +C' k9p - 'i , .. 1 ai •i I , ■ y - 71 gyp= Y—_ I' + , 111c y .. ... ,� ,V 1. P , I i:r• i .1 _ oa ,1„'i i ,�'� • 't t .•4 'roo Map created yid hArcIMS • Cap}'righltCr1}2.2131[GNI Inc. Cil [ lack Hawk County, Iowa 316 East 5th Street Waterloo, Iowa 50703-4774 Phone: (319} 8333002 Fax: (319) 833-3070 E-mail: auditorCo�co.black-hawk.ia.us.org Map Disclaimer: This map does not represent a survey. No liability is assumed for the accuracy of the data delineated herein, either expressed or implied by Black Hawk County, the Black Hawk County Assessor or their employees. This map is compiled from official records, including plats, surveys, recorded deeds, and contracts, and only contains information required for local government purposes. See the recorded documents for more detailed legal information. Page 123 of 3g. 4/5/2017 Black Hawk County Detailed Parcel Report BLACK HAWK COUNTY REAL ESTATE ASSESSMENT AND TAX INFORMATION Parcel ID 8913-28-151-020 PDF No. Map Area 3 LO -12 Pro s e Address Deed Holder CITY OF WATERLOO Contract Buyer 1330 SCOTT AV WATERLOO, IA 50701-5398 Tax Mail to Address CITY OF WATERLOO 715 MULBERRY ST ATTN: FINANCE DEPARTMENT WATERLOO, IA 50703-0000 Current Recorded Transfer Date Drawn Date Filed Recorded Document 1/18/2017 1/20/2017 r 017 013231 ype D SALES None BUILDING PERMIT Date 10/6/2003 /25/2003 /1/1999 Number A 3003 A 1049 30 mount 1,876 1,300 ,148 Reason Porch Roof Deck/Patio ASSESSED VALUES/CREDITS Year 2017 Values pending Board of Review Action 100% Value Taxable Value Land Multi -Residential Land 17,970 Land 17,970 95,690 Building otal 0 Multi -Residential Land 0 Dwelling Class E cres 113,660 Building otal ear 016 Credits Land 17,970 Military Exem u tion Class R Multi -Residential Land axable al ue 10,232 Homestead redit Disabled Veteran redit 90,900 108,870 Property Tax Relief Credit Multi -Residential Land Dwellin 1,758 Family Farm Credit Buildin otal Year 2015 100% Value MISSEEEMEMEEREEMI Credits Taxable Value Land 17,970 Multi -Residential Land 0 Class R Dwelling 90,900 Building 0 iTotat 108,870 Acres 0 Military Exemption Y Land 9,996 Homestead Credit Y Disabled Veteran Credit Multi -Residential Land 0 Property Tax Relief Credit Dwelling 50,564 Agricultural Credit Building 0 Family Farm Credit Total 60,560 Year 2014 100% Value Credits Land Multi -Residential Land 17,970 Military Exem ' tion Y Homestead Credit Y _.. Class R Disabled Veteran Credit http:llwww2.co.black-hawk.i a.uslwebsitelbhm aplbhRepDetasp?apn=891328151020 Dwelling 90,900 Building 0 Property Tax Relief Credit Total ' cres 108,870 Agricultural Credit Family Farm Credit Page 124 of 3%3 Floor/Wall 4/5/2017 Taxable Value ax District Black Hawk County Detailed Parcel Report and Multi -Residential Land 10.015 TAX INFORMATION ASSESSMENT YEAR 2015 PAYABLE 2016/2017 940001 - WATERLOO Gross Value axable Value Military Exemption Levy Rate Gross Tax Net Tax Corp Nocorp Corp 108,870 0 Homestead Credit $197.80 58,708 1,852 0 Disabled Veteran Property Tax Relief Credit Credit $0.00 0.00 40.78414 0 Ag Credit $0.00 $2,394.36 $0.00 $2,196.00 Business Property Tax Credit $0.00 Nocorp 0.00 LEGAL BLACK HAWK SUBDIVISION LOT 19 Basis Front Front Foot 66 Totals: Rear 66 Side 1 135 LAND Side 2 135 DWELLING CHARACTERISTICS Lot 0 Area 8910 8910 Acres 0.205 0.205 e Sins Ie-Famil / Owner Occu •ied ear Built 1966 otal Livin • Area rea •12 otal Rooms Above otal Rooms Below Full Bedrooms Above 2 Basement Finished Area 00 Foundation Exterior Walls None Bedrooms Below No Basement Floor 0 Floorin Carp / Vinyl Interior Finish Drwl Roof ' s • h / Gable Non -Base Heating Plumbing Pi .eless 1 Full Bath 1 Shower Stall Bath Handfired Porch 1S Frame Open rea 184 r1ear Built 969 Style idth Det Frame 4 GARAGES Length 24 Area 576 Basement 0 Qtrs Over None Area 0 AC 0 BASEMENT STALLS None Description CONC PATIO 10 X 16 FFBGLS/MTL RF 10 X 16 Year Built Quantity 1966 1966 1 Plot No. FEntry Status: Inspected httpJ/www2.co.black-hawk.i a.uslwebsitelhlimap/bhRepDet,asp?apn=891328151020 Extended Description Quantity=160.00, Units=Square Feet, Height=0 Quantity=160.00, Units=Square Feet, Height=0 Page 125of3Q33 4/5/2017 Black Hawk County Detailed Parcel Report 1111111111111111 111111111111111111111111111111111 24 18 B FR (MAIN) [912] 38 Date Website Last Updated: 04104/2017 8 16 FR OP 23 [184] http://www2.co.black-hawkJa.usfwebsitelbhm ap/bhRepDet.asp?apn=891328151020 1 Page 126 of 3W City of Waterloo Property Bid Sheet Property to be bid upon: 1330 Scott Avenue Name in which property would be transferred: 7/7:11 m / v C 0/1--/Z-- Name / - Name of bidder: / (Ai Address of bidder: IN 15 6,t&i2i 11( 664 /z-/- 1142o 2 00701 Phone & Fax number of bidder: -3( V-5683 3 My offer for property being bid upon: $-‘).2g/ .) - $1,000.00 earnest fee: N GC�OS( (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties.) Brief Description of intended Improvements: .7 P/7-6/Poe 7eemettfifv T if,t- 2 j /©nZ 7.1 1C /.�f1)/ ' //L,I C.i.//)/44- P c) /4/ Tr„ 5`(E/c-) /. rj /ZAD/`-- l 7/vi71270ie- cP. I♦ qty_ )v�u „ u/ z'2v iL ,C1zr-$L. /ze9 675E jZ5 /, F toot 91E A 4, e) (26-4L 5 giE Furthermore, I understand the zoning designation of the property and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of twelve (12) Months. / //3,1 Signature of applicant/ idder 3 -T -f7 Date * Please Place this sheet at the beginning of your bid packet when submitting to the Clerk's office. Page 127 of 303 Chris Western 715 Mulberry St Waterloo, Iowa 50703 RE: 1330 Scott Avenue Chris, March 8, 2017 I am submitting a proposal for the purchase and the renovation of 1330 Scott Avenue. Once completed, I intend to sell the property to a potential homeowner. I will be the sole investor. I will obtain all of the necessary permits and inspections for the remodeling work. Any electrical, plumbing or HVAC work will be perform by a licensed contractor for each trade. These contractors will obtain the necessary permits and inspections for their work. I have purchased and renovated two other homes in the past for resale. The first home was at 618 Hanna Blvd. 1 purchased this home in February of 2010. I finished off the basement including a living area and a bedroom, installed all new floor coverings, painted the interior of the dwelling, installed new countertops, installed a new garage door, and installed new vinyl siding on the garage. I listed the home in July of 2010 and had an accepted offer within one week of the listing. The second home was at 3025 Bethel St. I purchased this home in May of 2011. I finished off the basement including a bedroom bathroom and living area, installed all new floor coverings, painted the interior of the dwelling, installed several new windows, remodeled the bathroom, and made landscaping improvements. I listed this home in February of 2012 and had an accepted offer within 3 weeks of the listing. 1330 Scott Avenue needs a number of items addressed before the property would be available for sale. I purpose to perform the following work: • Remove and replace the concrete driveway form the garage to the city sidewalk. The existing concrete is heaved and sloped towards the house allowing water to enter the basement. • Remove and replace the existing asphalt shingles. The existing shingles are starting to curl showing the need for replacement. • Remove the dilapidated screen room from the side of the garage and dispose of. • install two new overhead garage doors including new operators and a new exterior service door on the garage. • Install two new exterior entry doors to the dwelling. • Remove the existing damage faux stone siding on the front of the dwelling and replace with a stone laminate. • Replace the existing front steps and the existing side steps with new. • Repair the existing guard rail around the front porch. • Install a new high efficiency gas furnace. • Install a new water heater. • Install a new 100 amp electrical service with a new electrical breaker box. • Renovate the kitchen to include new oak cabinets, dishwasher, countertop, sink, recessed can lighting, and ceramic tile flooring. • Renovate the bathroom to include a new tub/shower, vanity, toilet, countertop, sink, exhaust fan, lighting and ceramic tile flooring. • Remove the remaining millwork from the first floor and replace with new oak doors and trim. A lot of the existing trim and doors are either missing or damaged beyond repair. • Install new carpet in the remainder of the first floor of the dwelling. Page 128 of 303 • Install all new electrical receptacles, switches, and light fixtures thru out the dwelling. • Install new paint on the ceiling and walls on the first floor of the dwelling. • Remove all of the non -code compliant rooms in the basement and paint exterior block walls. This basement does not have proper egress and should not have any finished bedrooms in the basement without proper egress. feel I can complete this project and have the property ready for a new owner within eight months of purchasing the property. Thank you for considering my proposal for 1330 Scott Avenue. ( %i 412t - Tim Moyer Page 129 of 303 319-553-3847 • www.uiccu.org 3409 Cedar Heights Drive, Cedar Falls, IA 50613 February 9th, 2017 To Whom It May Concern: Timothy Moyer has been a member in good standing with us since April of 2012. He has the ability to finance the total amount needed to purchase and renovate 1330 Scott Ave. you need anything further please feel free to reach out me directly. Qjfaitrom, Sarah Van Dee Account Executive ���„� Z\C-t 0 UHJVERSflV OF IOWA COMMUNITY CREDIT UNION Page 130 of 303 City of Waterloo Property Bid Sheet Property to be bid upon: 1330 Scott Avenue y� Name in which property would be transferred: BCL✓► ► "J fie ijer Name of bidder: ‘3/ ( fit E f ' Address of bidder: ! V 1 5cL eicr Au e ed -cr o 5-07o/ I Phone & Fax number of bidder: /7— .)-30— (00)- My offer for property being bid upon: i(' 000 $1,000.00 earnest fee: // 00 0 (Note: this amount is refundalMe fox unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties.) Brief Description of intended Improvements: Tear )ln7 off wircl, a•- 101/441C ava vz-51 v?rnyd /t&r. dnar5 , sle..) h L c» k k.L , 1-7A4L4 ;LA 5 CM Ji rft14;enit,h), I-.), atnw,. (1"6"rd),\ f•51 1-,,-41,1- LaJ7 f 130 75 f)1 • 4-1.-voLYY )J Yt.A.avn Cz)r fY c,0-1149 Duk- Sty [u(`Po55.)1,.y �L7V�(.fYTC1 �LL�In v� iccvrk+ fcvnra ywv»}nt 1n�t �7�tA.}Ir"j /'iii[l✓ f4 pair .4-J pro 144-, 44--. th, 66. SPA Furthermore, I understand the zoning designation of the property and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of twelve (12) Months. Signature of applicant/ bidder Date * Please Place this sheet at the beginning of your bid packet when submitting to the Clerk's office. Page 131 of 303 PIA Duchene Insurance A Member of Peoples Insurance Agency 1601 University Avenue, Waterloo, IA 50701 Phone: 319-433-1098 • Fax: 319-433-1099 To: Brian Mueller Subject: Performance Bond Per our discussion, you will be able to obtain a performance bond for $10,000.00 from Merchants Bonding Company. The cost for the bone is $250.00. Let me know if you get the bid and we will make application. Sincerely, 4 David Duchene Duchene/Peoples Insurance Peoples Insurance Agency's future depends on how well we take care of each of our customers. A day at a time, a customer at a time. A policy at a time. We strive for excellence in all Wage.132 of 303 Bryan Mueller 1801 Sager Ave Waterloo, IA 50701 319-230-6029 March 14, 2017 Dear City of Waterloo, I have lived in the Cedar Valley most of my life. 1 have owned property in Waterloo for over 15 years. 1 have worked in the construction industry for 20 years, and have been a self employed drywall contractor for the past 10 years. I live 2 blocks away from the house at 1330 Scott Ave. I would like to fix it up and sell it to a potential home owner. l have experience in but not limited to carpentry, flooring, plumbing, electrical, painting, drywall, and installing windows. Thank you for your consideration. Sincerely, Bryan Mueller Page 133 of 303 2 5 Lan( 0ii RQ To whomever it may concern, Box 8orttiliberty 0 397 3790 uiccuor Bryan Mueller has three Certificates of Deposits and 1 Checking account with us. In total his assets here total to be $75,084.37. If you have any questions you may give me a call, my number is 319-553-3847. Thanks, Madison Hofstadter Financial Service Representative Cedar Falls, Iowa City of Waterloo Property Bid Sheet Property to be bid upon: 1330 Scott Avenue Name in which property would be transferred: W 4 s 0 NJ Acs E TS , t .- Name of bidder: 12---`/A-(--) vv +-so' Address of bidder: 600 A +- P + N r % ©r . vJA-T� rLi, 00 , I A 50 7c) Z Phone Sr Fax number of bidder: 19 -- 231 — `} 5 y / r 311.- 234 -9 99 5 My offer for property being bid upon: 5 apo $1,000.00 earnest fee: ,-f (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties.) Brief Description of intended Improvements:. a ATtA c.4 4Gb PP -0 P Q 44 L - Furthermore, I understand the zoning designation of the property and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of twelve (12) Months. Si ure of applicant/ bidder Date * Please Place this sheet at the beginning of your bid packet when submitting to the Clerk's office. Page 135 of 303 Bid Proposal for 1330 Scott Ave. This is a proposal by Ryan Wilson of Wilson Assets, LLC to purchase and repair the property on 1330 Scott Avenue. Born and raised in Waterloo, I'm the current General Manager at Maple Lanes in Waterloo where I have been employed for 10 years. In February of last year I took on the opportunity to purchase 3 rental properties (2 duplexes and 1 house) in Waterloo. Real Estate is something I have always wanted to get involved in along with development in the community and pursuing my real estate license. Purchasing these properties has given me the confidence I needed to enter this field and I'm hoping the redevelopment of this property will be the next big step towards community development and becoming a realtor. One of my fellow bowlers and good friend Jason Strelow of Berkshire Hathaway Home Services has offered to help me pursue this dream and guide me along this path. As a successful Realtor and property owner he has promised his full support in helping me purchase this property and get it fixed up and listed on the market once it is completed. I plan to hire local businesses and contractors to make this property one of the nicest in the neighborhood and I have the financial approval and support from Veridian Credit Union to finance the project. Brief description of intended improvements: - Pour a new driveway starting at approach to garage (Roger Smith Construction) Fix collapsing foundation next to driveway and side entrance (Roger Smith Construction) - Dig and add egress window for basement bedroom eligibility (Concept to Creation, IT C) - Replace current siding with CertainTeed Double 4" vinyl siding and lower front with Green Lake Weatheredge Cast Natural Stone (Concept to Creation, LLC) - Replace/repair toof with Owens Corning Oakridge Shingles (Vasquez Roofing) Stain front porch and replace missing pickets - Replace garage doors with Pella Carriage House Series (Christie Door) - Replace front and side doors with Mastercraft Exterior doors and Larson storm doors Replace all interior doors with Mastercraft prehung interior doors and matching trim Remodel kitchen and replace with Ontario White Kitchen Cabinets and Quartz Counter Tops (Concept to Creation, LLC) Remodel bathroom with new vanity and cabinet, new floor and shower tile (Concept to Creation, LLC) Replace basement furnace with Lennox or Goodman unit (Young Plumbing and Heating) - Frame and drywall basement walls sectioning off utility area and creating finished living room and 3' bedroom (Concept to Creation, LLC) - Replace drywall when needed throughout house and finish with orange peel texture and fresh paint - All necessary electrical work will be contracted through Nelson Electric - Landscape around the house with block, Mississippi river rock and hostas Trim large tree in front yard and replant grass seed Page 136 of 303 Current properties owned by Wilson Assets, LLC: 2720-2722 Ragley Dr. Waterloo, IA 50701 Duplex located in Westdale Addition with both units occupied. No violations or complaints. Improvements made: - New roof - Removed all overgrown shrubs and bushes and replaced with landscaping block, Mississippi rivet rock and hostas. Before After Page 137 of 303 1321-1323 Minnesota St. Waterloo, IA 50702 Duplex located in Pleasant View Addition with both units occupied. No violations or complaints. Improvements made: - Removed all overgrown shrubs and bushes and replaced with landscaping block and hostas. -Removed set of rotten steps made from railroad ties and replaced -Hired tree trimmer to prune large overhanging Maple tree - Paint - Updated appliances - Repainted both exterior doors and replaced storm doors to match Before After Page 138 of 303 934 Easton Ave. Waterloo, IA 50702 Single family unit located in Lincoln Heights Addition and occupied. No violations or complaints. Improvements made: -Trimmed bushes along driveway and large trees in backyard -Paint -Updated appliances Before After Page 139 of 303 Current home owned and occupied by Ryan Wilson family: 600 Alpine Dr. Waterloo, IA 50702 Single family home located in Parkview Addition and lived in since 2008. No violations or complaints. Improvements made: - New interior carpet, paint and appliances in 2008 - New windows in 2013 --Backyard landscaped with block and hostas in 2014 --Replaced deck in 2015 - Repainted exterior and removed bushes in 2016 Before After Page 140 of 303 idi March 16, 2017 Ryan C. Wilson 600 Alpine Drive Waterloo, IA 50702 Re: Prequalification Ian. credit union Dear Ryan: Please accept this letter on behalf of Veridian Credit Union. You have been prequalified for a loan to purchase a property located at 1330 Scott Ave, Waterloo, Iowa. Final loan approval is subject to property appraisal, approved rehabilitation budget, satisfactory lender's underwriting, clear title and insurance in place at or prior to closing. If you need further information, please let me know. Steve Lindeman Veridian Credit Union P.O. Box 8000 1827 Aneborough Ave. Waterloo, IA 50704-8000 800.235.3228 www.verldianou.Org Federally insured by NCUA. Equal Housing Lender. Page 141 of 303 City of Waterloo Property Bid Sheet Property to be bid upon: 1330 Scott Avenue Name in which property would be transferred: �. (.1 ,2''I. Name of bidder: LL Address of bidder: 6UllNed rle 00(0 WI), Phone & Fax number of bidder.LI-181 My offer for property being bid upon: $1,000.00 earnest fee: �:) 61 (5\D (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties.) Brief Description of intended Improvements: C: (L _ C Furthermore, I understand the zoning designation of the property and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of twelve (12) Month. Si VAC/ CI 1 re of app scant/ bidder 1g9 -0 - Date * Please Place this sheet at the beginning of your bid packet when submitting to the Clerk's office. Page 142 of 303 Proposal 1/27/17 To whom it may concern: My intentions for the property on 1330 Scott Avenue would be to renovate the place to city standards and then sell the property as home owner occupied status. The items that need to be renovated per my first viewing include, the garage that needs to be cleaned out, I need to fix eaves troughs. Some of the doors in the house need to be replaced, walls need repaired as well as the floors, not to mention a lot of clean up with be involved. This renovation will not take more than 6 months. Estimated cost to repair place, $12,000. Please let me know if you have any additional questions regarding this proposal, my earnest fee is attached. Thanks Nicole Cook tetIt Page 143 of 303 HB. 24.2017 3:12PM WATERLOO BLD INSP 319-291-4262 City of Waterloo Property Bid Sheet Property to be bid upon: 1530 Scott Avenue Narne in which property would be transferred; NO. 6236 P. 7 Narne of bidder:, `eiN Address of bidder; 0 ci :..k.r:i /in._ Phone & Fax number of bidder: CFar..31 .5 70/ t`1-.57,2 $1,000.00 earnest fee; (Note: this amount is refundable for unsuccessful bidders. The fee will not.be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties.) Brief Description of intended Improvements Furthermore, I understand the zoning designation of the property and building code requirements that I am bound by this designation for nay use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of twelve (12) Months. Signature of applicant/ bidder Date * Please Place this sheet at the beginning of your bid packet when submitting to the Cleric's office. Page 144 of 303 City of Waterloo Chris Western Community Planning & Development department 715 Mulberry Street -City Hall Waterloo, Iowa 50703 319-291-4366 March 6, 2017 Dear Mr. Western: Don and Connie Lubbert are interested in putting in a bid on the property at 1330 Scott Avenue. We are writing this letter to fulfill the submission requirements as stated in the Request for Development Proposal from the City of Waterloo. Proposed use: It is our plan to rehabilitate this property for general sale to any one interested in purchasing it. It shall remain as a single family dwelling as it has been. Site Development: We will rehabilitate the landscaping with plants and shrubs in front of the current deck area as on drawing. The corners of the foundation are split and need to be dug up and repaired to stop leaks, or if necessary dig up the whole foundation and waterproof it. We may have to rebuild the corners; it will remain to be seen once we get it dug up. The front deck needs to have the top boards replaced, the lattice removed and replaced with a more modern wooden base. The railing also needs updating with a white plastic fence, new steps, and new posts. We will install a new front and back door, new double 4" siding either in a dark clay or dark gray on house and garage. The siding will include white new soffits and facia, with new gutters across the front of the house. The trim will either be painted white or replaced. The garage will have the center post removed and a new door installed, either a 16' x 7' steel insulated door or an 18' door. There is also a garage window needing replacing. We will evaluate the lean-to on the side of the garage to assess whether to take it off or repair it. The walk-in door on the garage may be replaced or painted as needed. The driveway needs to be replaced, at least from the crack just at the back of the house where it is sinking, to the city walk and approach that is still in decent condition. The back steps will also have to be replaced because they are sitting on the driveway. The corners on this side are also cracked and need to be fixed. On the interior of the house, the floors may be hardwood. We did see oak flooring in one bedroom. If this runs throughout, we will sand and refinish the floors. The house needs to be cleaned and sanitized, then possibly retextured, then all rooms need to be repainted. The kitchen needs to have new doors on cabinets, new flooring, and possibly new counter tops and sink. The same applies to the bathroom as to the flooring, vanity, and sink. Depending on availability, we will try to locate new doors for cabinets or existing ones and Page 145 of 303 refinish them. The basement was more difficult to assess. I am not sure if the sheet rock was in good shape at the bottom or if the bottom two feet will need to be replaced. The wiring will have to be inspected first before we decide what must be done to bring it up to code. We will texture and paint the walls in the basement. We may have to install two egress windows downstairs and make one room a living area instead of a bedroom. Financial Capacity/Project Team: We will be working with Veridian Credit Union for our financing of this project. I am already licensed, bonded, and insured with the city. I have been working in construction in this city for over 45 years, as an employee and as a business owner of Lubbert Masonry, Inc. for the last 27 years. In all those years, I have finished all the jobs that I have worked on personally and all those jobs that my business has taken on. To date I am not aware of any problems with our work or complaints about our work. Donald Lubbert 1309 Garden Ave. Waterloo Ia. 319-269-5728 We would start as soon as possible, to clean out the house and repair foundation. Have the house sanitized walls cleaned etc. Have inspections done to find out what needs repairing /replaced, to meet code. Sincerely your, Donald E. Lubbert & Connie Lubbert 1309 Garden Ave. Waterloo, Iowa 50701 319-234-4845 / 319-269-5728 Page 146 of 303 Page 147 of 303 0E4) ri-A-(_E--- i4mt- at,CM,CAS2.-±i rev• -41 40LAA" 4-10.51-14: ,)4 NEW Moqc..0 es13.0eR r t Va Re' <oz, cfi's Page 148 of 303 City of Waterloo Property Bid Sheet 330 > Property to be bid upon: Vacant property generally described as address Name in which property would be transferred: D04,/e-1 / ik-e,-f-...f r - de fin• r -e, >� c �c,y�.1 c /1 Name of bidder: D J i 44.4J Address of bidder: 3207 /is -J/154_ isJ/15 u cl I70 -11:4 se CIL Phone & Fax number of bidder: 31?- . c?t,4 My offer for property being bid upon: 4 l -l' 6-000, 00 $1,000.00 earnest fee: (co -4,121J c L+e� L ti-gc � r� (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties.) Brief Description of intended Improvements: (e w kJ- f ck ear .,'r io f � lira.. fh#-c�;�r �n.,� .ea4-e''i-' oQL.t.s, Pe .A.,�,i.1pI ...t;As- '"l'hrchu '1 04-4, S(`h<f 4- R,kfAisk -t t pe h. !�`c. ttc l.�iv+aYo(� l LA.dc, 1n34,11 PMe1.J 4',"`' •C �4GP; 4eu/ c. -... , ,e'ier4i CICCn-o..r_ 1 Laic c,..,„,rmy I+`fpea ,,.�<I-`' in✓clvd� ia- W S - rel1r�t� f4r7 6csc 5107a i aA1� C�krc.—c IlGrd� �rtSrHi-CRy+rCL 13 ^s / 3 1 _,7 j� 1 I-1. 06 i.e ti', -4-i e 1- f r y c4-, 1 4/ A 4 1 A C-6 -tip (•i_ � g of ell or i e, 11 p -.-.- old." A -c r 4i Pd Pi o 1 i e S r? 1-c (Lit Ad }rf-‘. Furthermore, I understand the zoning designation of the property and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of twelve (12) Months. Signature of applicant/ bidder Date * Please Place this sheet at the beginning of your bid packet when submitting to Clerks office. Page 149 of 303 CITY OF WATERLOO, IOWA Address of Property The City of Waterloo, Iowa, is inviting proposals for the sale and development of property located at Address. t 3 3c✓ Sc. f} 4v -e The following information details the criteria for submitting a bid for the development of this parcel. Any questions regarding the criteria should be directed to the Community Planning & Development Department for the City of Waterloo. Community Planning & Development Department 715 Mulberry Street - City Hall Waterloo, Iowa 50703 319.291.4366 Page 150 of 303 STATEMENT OF INTENT The City of Waterloo, Iowa, desires to actively assist the private sector in developing this property. The City is offering the following property for development: Address j 3 3." .5£o ave._ The City intends to allow prospective developers to compete for the acquisition and rehabilitation of this property on the basis of the quality of development as well as price. SUBMISSION REQUIREMENTS Proposals must be submitted in narrative form and be accompanied by legible drawings in order for additional copies to be made. Proposals must also address each of the items listed herein. An offer to bid form is also enclosed with this packet that must be filled out with purchase information. Proposals will be reviewed by the Dilapidated Housing Committee and reported as to how the proposals fit the criteria established within this RFP. The proposal will then be sent to the Building & Grounds Committee for review and recommendation, and ultimately a public hearing will be held by the City Council to consider the recommendation. The City reserves the right to reject any and all proposals and to waive informalities in any proposal. PROPOSALS MUST ADDRESS EACH OF THE FOLLOWING: 1. Proposed Use The proposed development site is zoned " " District. The proposed use must meet all zoning requirements for a Principal Permitted Use in the " " District. Intended use following rehabilitation of property must be identified as one of the following categories: • Home owner occupied • Rental • Sale to potential home owner • General sale to any and all interested purchasers 2. Site Development The City feels that the aesthetic treatment of the rehabilitation is extremely important. Therefore, a detailed landscaping plan and Page 151 of 303 construction plan including siding material, accessory structures, etc. must be submitted with proposal. All properties sold shall be rehabilitated as Single-family homes regardless of Zoning District that the property is in. However, a property that was originally built as a duplex or Multi Family structure and/or was legally established at a later date may be rehabilitated as such. Materials Used in Construction Materials must be of good quality and, in visual appearance, match existing woodwork through out house. For example, crown molding or door/window trim must have the same appearance and finish as existing molding or trim, unless all molding or trim in a room is replaced. 3. Financial Capacity The proposed developer must provide evidence of financial ability to timely commence and complete the project. This information shall be kept confidential and may be by letter of intent from bank for financing or other similar documentation. As security for completion of the project, the Developer will be required to post a performance bond in the sum of $10,000 per property, in form acceptable to the City, or place $10,000 dollars per property in a non-interest bearing escrow account with the Law office of Clark, Butler, Walsh, and Hamann. If the project is not completed and either the structure(s) have to be demolished or the project has to be completed by the City, then the City may, as appropriate, enforce the bond or use the per -property escrowed sum to defray the actual costs and expenses incurred by the City. As to escrowed funds, the Developer may request, at a rate of not more than $10,000 per home, a full reimbursement of such funds as (a) each home is completed in accordance with the terms and conditions of the development agreement, (b) the home has passed the 12 month inspection, and (c) an occupancy permit has been acquired. In addition, the Developer must submit with its bid proposal a certified check or money order in the amount of $1,000 per property as earnest money for the purchase: Earnest money will be included in the purchase price at closing. Page 152 of 303 Project Team The proposal must list the names, addresses, and daytime phone numbers of the persons with a financial interest in the project. The proposal shall also include any relevant experience that demonstrates the ability to complete this project. 5. Timetable The development project must commence construction within three (3) months and be completed within twelve (12) months from the date of possession. If, after transfer of the property by the City to developer, construction is not commencing in accordance with the attached schedule as described, the title to the real estate will revert to City of Waterloo, free of any liens, encumbrances, etc. against said property. Developer agrees to sign all necessary documents for said reversion. If construction is not completed, at the end of twelve (12) months, but the development of the project is still imminent, the City Council may but shall not be required to grant an extension of time for the rehabilitation of the building. 6. Bid Price The City of Waterloo has determined, that the minimum bid value of this property is: $5,000 However, once the minimum bid price of $5,000 is met, the primary criteria shall be the quality and type of the construction rather than the purchase price. NOTES: A site plan, including landscaping and a perspective complete list of intended construction and improvements must be included with the narrative proposal. All properties sold shall be rehabilitated as Single-family homes regardless of Zoning District that the property is in. However, a property that was originally built as a duplex or Multi Family structure and/or was legally established at a later date may be rehabilitated as such. The enclosed Offer form included therein must also be submitted with the narrative proposal. An earnest fee of $1,000.00 per property is also needed with the Offer to Buy form. Page 153 of 303 Review Criteria The categories to be used in evaluating the proposals include but are not limited to the following: 1.) Proposed Land Use (Proposed construction will be reviewed for their compatibility and appropriateness for site. 2.) Quality of Proposed Development (Probable assessed value of any proposed new structures (ie: garage) and improvements will be weighed with offering price to determine full impact of community benefits: offer price + taxes paid). 3.) Architectural and Aesthetic Design Considerations (Design considerations ie: windows, siding, site layout, driveway (gravel or paved), and accessory structures). 4.) Price (While the price will not be sole determining factor, it will be an important part of the equation, in conjunction with other criteria, to assure the City as whole they are serving the citizenry in a fair and beneficial manner). 5.) Homeownership is a priority to the City of Waterloo; therefore any bidders that plan to live in the property after rehabilitation is complete or sell to homeowner will be scored higher. Page 154 of 303 Date Dear interested developer: The City of Waterloo's Dilapidated Housing Committee has successfully been awarded Address by the Courts through Iowa Code 657A, which grants cities the power to take possession of dilapidated and abandoned homes. It is now our intentions to sell 1330 Scx t f /blas it is has been deemed sound enough for rehabilitation and put back on the tax rolls. Details of the property are as follows: • q it sq. ft. Two Dwelling Unit Structure • Current Assessed Value is $ • Lot size is 6 7 11 sq. ft. The City has set an "As is" minimum bid price of $5,000 and a $1,000 earnest fee per property. Attached to this letter you will find a Request for Development Proposal packet relating to the sale of Address 13305c..1/44,e. property the City of Waterloo acquired as a part of the Dilapidated (Housing Committee efforts. I have also attached a detailed report from the Black Hawk County on line website with further details of the property. 1 would ask that you review the packet and submit the appropriate information in accordance with your development plans for the site. Please note that the reason for the Development Proposal packet is to rehabilitate the property in a way that that is permitted within the zoning district and Land Use Plan for the area, as well as promoting positive development for the City of Waterloo as a whole. Compatibility with the nearby neighborhood and other surrounding uses will also be a key component of the development. The property is currently zoned " " District. ip,a, 7/St./t7 Proposals are due by time and date to the City Clerks office 1st floor City Hall. If you should have any questions or need any additional information regarding this matter, please do not hesitate to contact our office and ask for me at 319.291.4366. Thank you for your cooperation in advance and thank you for your interest in the City of Waterloo. Sincerely, Chris Western Planner II Cc: NoeI Anderson, Director REQUEST FOR DEVELOPMENT PROPOSAL Page 155 of 303 DocuSign Envelope ID: EOC4C7EF-E863-4BEF-B395-59536D1B8CF2 DEER EMPLOYEES 309'/43-1000 CREDIT UNION " '0, Lica 339 600.33&6739 Moline, IL 61266-0339 Fan 309.743.1050 Oee,e E.,pbyeos Cra44 11,10.serym emrlcynes o! neerc & Cnnparyy 004 thele lorolge1. Dem Erni, M 160,1) Veion 'O nae 0600 40 oll'Jole4 9, “.,,,0 00V wM 0C2rb 61 romp0„ y 0, )OM 000,0 ether 1100 Oe,,,/ Ma n314la use'Deele' In 00 coven. 0 0000.11 b a, 1000000d000 0m11 union wRap orrflea by i3O ma nibern 004 cfail,,.4 00000 the WWI Oil 00,0110W 1* eb.,nlc- niMUM-11 Loan and Security Agreements and Disclosure Statement El FIXED RATE LOAN DATE LOAN NUMBER ACCOUNT NUMBER GROUP POLICY NUMBER MATURITY DATE ■ VARIABLE RATE 03/07/2017 01 0005033100 012-0737-8 07/15/2021 1 BORROWER 1 BORROWER 2 NAME ANO ADDRESS David D Folkerts 3209 115th St Buckingham, IA 50612 NAME (AND ADDRESS IF DIFFERENT FROM BORROWER 1) TRUTH IN LENDING DISCLOSURE 'e' means an estimate ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments Total Sale Price The cost of your credit as a yearly rate. The dollar amount the The amount of credit The amount you will have The tolai cost of your purchase on credit is crtxiit will cost you. provided to you or on paid after you have made $ your behalf. all payments as scheduled. 3.290 % $ 1,059,60 $ 14,300.00 $ 15,359.60 which includes your downpayment of $ . Your Payment Schedule Will Be: Number of Payments Amount of Payments When Payments Are Due 51 $ 300.00 Monthly 04/15/2017 1 $ 59.60 07/15/2021 Prepayment: If you pay off early you will not have to pay a penalty. Required Deposit: The Annual Percentage Rate does not take into account your required deposit, if any. Demand: This obligation has a demand feature. ' All disclosures are based on an assumed maturity of one year. Property Insurance: You may obtain property insurance from anyone you want that is acceptable to the Credit Union. If you get the insurance from us, you will pay $ Filing Fees Non -Filing insurance $ 10.00 $ 0.00 Late Charge: If your payment is more than 7 days late, you will be required to pay a late charge of 3% of the payment, with a minimum of $5.00 and a maximum of $10.00 Security: Collateral securing other loans with the Credit Union may also secure this loan. You are giving a security interest in your shares and dividends and, if any, your deposits and interest in the Credit Union; and the property described below: Collateral PropertylModet/Make Year I.D. Number Type Value Key Number DODGE RAM 2009 1 D3HV18T69S738631 $ 14,300.00 $ $ Other (Describe) Pledge of Shares $ in Account No. $ in Account No. Variable Rate: See your contract documents for any additional information about nonpayment, default, and any required repayment in Full before the scheduled date. (SIGNATURES THIS IS A CONSUMER CREDIT TRANSACTION 1 By signing, or otherwise authenticating, as Borrower you agree to the terms of the Loan Agreement. If property is described in the "Security" section of the Truth in Lending Disclosure, you also agree to the terms of the Security Agreement. If you sign, or otherwise authenticate, as "Owner of Property you agree only to the terms of the Security Agreement. NOTICE TO CONSUMER: 1. Do not sign this paper before you read it. 2. You are entitled to a copy of this paper. 3. You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of twagEnftslAlorges in accordance with law. BORROWER 1 (SEAL) 01/07/17 LOTNER BORROWER OWNER OF PROPERTY h WITNESS (SEAL) X (SEAL) DATE BORROWER 2 I 1 DATE OTHER BORROWER I r^-: E OWNER OF PROPERTY n WITNESS DATE X (SEAL) Page 1 (MR C.ARRIF SMITH DATE Page 156 of 303 DoouSign Envelope ID: E0C4C7EF-E863-4BEF-6395-59536D1B8CF2 Credit Union Deere Employees Grecs€t Union Borrower(s) David D Folkerts Loan No. 01 Acct. No. 0005033100 ITEMIZATION OF THE AMOUNT FINANCED Itemization of Amount Financed of $14,300.00 Amount Given to You Directly Amount Paid on Your Account $14,300.00 $ 0.00 Prepaid Finance Charge Amounts Paid to $ $ $ $ Others on Your Behalf: To To To To To To To (If an amount is marked with an asterisk (*) we will be retaining a portion of the amount.) $ To To To To To To To LOAN AGREEMENT In this Loan Agreement ("Agreement") all references to "Credit Union," "we," "our," or "us," mean the Credit Union whose name appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "you" or "your" mean each person who signs, or otherwise authenticates, this Agreement as a borrower. 1. PROMISE TO PAY - You promise to pay $14,300.00 to 260 the%Creditperyear. Union plus interest on the unpaid balance until what you owe has been repaid, For fixed rate loans the interest rate is 3. For variable rate loans the initial interest rate is N/A % per year and will vary as follows: Collection Costs: 2. PAYMENTS - You promise to make payments of the amount and at the time shown in the Truth in Lending Disclosure. If this is a variable rate loan, the Promise to Pay section tells you whether, if the interest rate increases, you will have to make more payments, higher payments, or if the final payment will be a balloon payment. You may prepay any amount without penalty. If you prepay any part of what you owe, you are still required to make the regularly scheduled payments, unless we have agreed to a change In the payment schedule. Because this Is a simple interest loan, if you do not make payments exactly as scheduled, your final payment may be more or less than the amount of the final payment that is disclosed. If you elect voluntary payment protection, we will either include the premium or program fee €n your payments or extend the term of your loan. If the term is extended, you will be required to make additional payments of the scheduled amount, until what you owe has been paidy You promise to make all payments to the place we choose. If this loan refinances another loan we have with you, the other loan will be canceled and refinanced as of the date of this loan. Unless otherwise required by law, payments will be applied to amounts owed in the manner we choose. 3. LOAN PROCEEDS BY MAIL - If the proceeds of this loan are mailed to you, interest on this loan begins on the date the loan proceeds are mailed to au. 4. SECURITY FOR LOAN - This Agreement is secured by all property described in the "Security" section of the Truth in Lending Disclosure. Property securing other loans you have with us also secures this loan, unless the property is a dwelling. In addition to your pledge of shares, we may also have what is known as a statutory Den on all Individual and joint accounts you have with us. A statutory lien means we have the right under federal law and many state laws to claim an Interest in your accounts. We can enforce a statutory lien against your shares and dividends, and if any, interest and deposits, in all individual and joint accounts you have with us to satisfy any outstanding financial obligation that is due and payable to us. We may exercrse our right to enforce this lien without further notice to you, to the extent permitted by law. For al! borrowers: You pledge as security for this loan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts you have with the Credit Union now and in the future. The statutory lien and/or your pledge will allow us to apply the funds in your account(s) to whatou owe when you are in default. The statutory lien and your pledge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security. 5. DEFAULT - You will be in default under this Agreement if you do not make a payment of the amount required within ten days of the date it is due. You will be in default ifou fail to comply with any term of this Agreement and your failure materially impairs the condition, value or protection of our rights in any property that is security for this loan or materially impairs your ability to pay amounts due under this Agreement. 6. ACTIONS AFTER DEFAULT • When you are in default and after you have been given any rightou have under state taw to cure your default, we can require immediate payment of the entire unpaid balance under this Agreement. If we demand immediate payment, you will continue to pay interest at the rate provided for in this Agreement, until what you owe has been repaid We will also apply against what you owe any shares and/or deposits given as security under this Agreement. We may also exercise any other rights given by law when you are in default. T. EACH PERSON RESPONSIBLE - Each person who signs, or otherwise authenticates, this Agreement will be individually and jointly responsible for paying the entire amount owed under this Agreement. This means we can enforce our rights against any one of you individually or against all of you together. 8. LATE CHARGE - 1f you are late in making a payment, you agree to pay the late charge shown in the Truth in Lending Disclosure. If no late charge is shown, you will not be charged one. 9. DELAY IN ENFORCING RIGHTS - We can delay enforcing any of our rights under this Agreement any number of times without losing the ability to exercise our rights later. We can enforce this Agreement againstyour heirs or legal representatives. 10. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 11. NOTICES - Notices will be sent to you at the most recent address you have given us in writing. Notice to any one of you will be notice to all. 12. USE OF ACCOUNT - You promise to use your account for consumer (personal, family or household) purposes, unless the Credit Union gives you written permission to use the account also for agricultural or commercial purposes, or to purchase real estate. 13. OTHER PROVISIONS - Page 157 of 303 DocuSign Envelope ID: E0C4C7EF-E863-4BEF-B395-59536D1B8CF2 Credit Union t)eere Employees Credit Union Borrower(s) David D Folkerts Loan No. 01 Acct, No.0005033100 SECURITY AGREEMENT In this Agreement all references to "Credit Union," "we," "our" or "us" mean the Credit Union whose name appears on this document and anyone to whom the Credit Union assigns or transfers this Agreement. All references to the "Loan" mean the loan described in the Loan Agreement that is part of this document. All references to "you' or "your" mean any person who signs, or otherwise authenticates, this Agreement. 1. THE SECURITY FOR THE LOAN - You give us what is known as a security interest In the property described in the "Security" section of the Truth in Lending Disclosure that is part of this document ("the Property"). The security interest you give includes all accessions. Accessions are things which are attached to or installed in the Property now or in the future. The security interest also includes any replacements for the Property which you buy within 10 days of the Loan and any extensions, renewals or refinancings of the Loan. It also includes any money you receive from selling the Property or from insurance you have on the Property. If the value of the Property declines, you promise to give us more property as security if asked to do so. 2. WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS - The security interest secures the Loan and any extensions, renewals or refinancings of the Loan. The security interest also secures any other loans, including any credit card loan, you have now or receive in the future from us and any other amounts you owe us for any reason now or in the future, except any loan secured by your principal dwelling. If the Property is household goods as defined by the Federal Trade Commission Credit Practices Rule or your principal dwelling, the Property will secure only this Loan and not other loans or amounts you owe us. 3. OWNERSHIP OF THE PROPERTY - You promise that you own the Property or, if this Loan is to buy the Property, you promise you will use the Loan proceeds for that purpose. You promise that no one else has any interest in or claim against the Property that you have not already told us about. Youromise not to sell or lease the Property or to use it as security for a loan with another creditor until the Loan is repaid. You promise you will allow no other security Interest or lien to attach to the Property either by your actions or by operation of law. 4. PROTECTING THE SECURITY INTEREST • If your state issues a title for the Property, you promise to have our security interest shown on the title, We may have to file what is called a financing statement to protect our security interest from the claims of others. You irrevocably authorize us to execute (on your behalf), if applicable, and file one or more financing, continuation or amendment statements pursuant to the Uniform Commercial Code (UCC) in a form satisfactory to us. You promise to do whatever else we think is necessary to protect our security interest in the Property. You also promise to pay all costs, including but not limited to any attorney fees, we incur in protecting our security interest and rights in the Property, to the extent permitted by applicable law. 5. USE OF PROPERTY - Until the Loan has been paid off, you promise you will: (1) Use the Property carefully and keep it in good repair. (2) Obtain our written permission before making major changes to the Property or changing the address where the Property is kept. (3) Inform us in writing before changing your address. (4) Allow us to inspect the Property. (5) Promptly notify us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose. (7) Not retitle Property in another state without tellingus. 6. PROPERTY INSURANCTAXES AND FEES - You promise to pay all taxes and fees (like registration fees) due on the Property and to keep the Property insured against loss and damage. The amount and coverage of the property insurance must be acceptable to us. You may provide the property insurance through a policy you already have, or through a policy you get and pay for. You promise to make the Insurance policy payable to us and to deliver the policy or proof of coverage to us if asked to do so. If you cancel your insurance and get a refund, we have a right to the refund. If the Property is lost or damaged, we can use the insurance settlement to repair the Property or apply it towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your insurance policy. If you do not pay the taxes or fees on the Property when due or keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and you will pay interest on those amounts at the same rate you agreed to pay on the Loan. We may receive payments in connection with the insurance from a company which provides the Insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have complied with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge added to the Loan may include (1) the insurance company's payments to us and (2) the cost of determining compliance with the Insurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of the Loan, we may increase your payments to pay the amount added within the term of the insurance or term of the Loan. 7. INSURANCE NOTICE • If you do not purchase the required property insurance, the insurance we may purchase and charge you for will cover only our interest in the Property. The premium for this insurance may be higher because the Insurance company may have given us the right to purchase insurance after uninsured collateral is lost or damaged. The insurance will not be liability insurance and will riot satisfy any state financial responsibility or no fault laws. 8. DEFAULT - You will be in default if you break any promise you make or fail to perform any obligation you have under this Agreement. You will be in default if any property you have given us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens that significantly affects the value of the property or our security interest in it. You will also be in default under this Agreement if the Loan is In default. 9. WHAT HAPPENS IF YOU ARE IN DEFAULT • When you are in default and after you have been given any time you have under state law to cure your default, we may recuire immediate payment of the outstanding balance of the Loan wit -lout giving you advance notice and take possession of the Property. You agree the Credit Union has the right to take possession of the Property without judicial process if this can be done without breach of the peace. If we ask, you promise to deliver the Property at a time and place we choose. If the property is a motor vehicle or boat, you agree that we may obtain a key or other device necessary to unlock and operate it, when you are in default. We will not be responsible for any other property not covered by this Agreement that you leave inside the Property or that Is attached to the Property. We will try to return that property to you or make It available for you to claim. After we have possession of the Property, we can sell it and apply the money to any amounts you owe us. We will give you notice of any public disposition or the date after which a private disposition will be held. Our expenses for taking possession of and selling the Property will be deducted from the money received from the sale. Those costs may include the cost of storing the Property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. If you have agreed to pay the Loan, you must pay any amount that remains unpaid after the sale money has been applieot to the unpaid balance of the Loan and to what you owe under this Agreement. You agree to pay interest on that amount at the same rate as the Loan until that amount has been paid. 10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - We can delay enforcing any of our rights under this Agreement any number of times without losing the ability to exercise our rights later. We can enforce this Agreement against your heirs or legal representatives. If we change the terms of the Loan, you agree that this Agreement will remain in effect. 11. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. ©The following notice applies ONLY when the box at Left is marked. 12. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 13. OTHER PROVISIONS - Page 158 of 303 Sale of 657A Property located at 1330 Scott Avenue March 16, 2017 Bid Tab Estimate: Bidder Bid Bond Bid Amount Bryan Mueller Waterloo, IA Check $1,000 $26,000.00 Ryan Wilson Wilson Assets, LLC Check $1,000 $15,000.00 Dan Lubbert Check $1,000 $7,752.00 Dave Folkerts Buckingham, IA Check $1,000 $5,000.00 Tim Moyer Waterloo, IA Check $1,000 $28,000.00 Nicole Cook Waterloo, IA Check $1,000 $8,000.00 Page 159 of 303 Preparer Information: Christopher W. Western 715 Mulberry Street Waterloo Iowa 50703 (319) 291.4366 Name Address City Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT This Development Agreement (the "Agreement") is entered into as of April 24, 2017 by and between Tim Moyer, (the "Company") and the City of Waterloo, Iowa (the "City"). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and deconstruct existing building and related improvements on property located at 1330 Scott Avenue, and legally described on Exhibit "A" attached hereto (the "Property"). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Sale of Property; Title. Subject to the terms hereof, City shall convey the Property to Company for the sum of $28,000 (the "Purchase Price"). Conveyance shall be by quit claim deed, free and clear of all encumbrances arising by or through City except: (a) easements, conditions and restrictions of record which do not, in Company's opinion, interfere with Company's proposed use; (b) current and future real estate real property taxes and assessments subject to the agreements made herein; (c) general utility and right-of-way easements serving the Property; and (d) restrictions imposed by the City zoning ordinances and other applicable law. City shall have no duty to convey title to Company until Company delivers to City reasonable and satisfactory proof of financial ability to undertake and carry on the Project (defined below), which may take the form of a lending commitment letter. Company shall, at its own expense, prepare an updated abstract of title, or in lieu thereof Company may, at its own expense, obtain Page 160 of 303 DEVELOPMENT AGREEMENT Page 2 whatever form of title evidence it desires. If title is unmarketable or subject to matters not acceptable to Company, and if City does not remedy or remove such objectionable matters in timely fashion following written notice of such objections from Company, Company may terminate this Agreement. City shall provide any title documents it has in its possession, including any abstracts, to assist in title preparation. 2. Timeliness of Construction; Possibility of Reverter. The parties agree that Company's commitment to undertake the Project and to rehabilitate in a timely manner constitutes a material inducement for the City to convey the Property or to cause the Property to be conveyed, to Company and that without said commitment City would not do so. Measured from the date the Property is deeded to Company, Company must obtain permits and begin construction within one (1) month and substantially complete rehabilitation no later than April 24, 2018. If Company has not, in good faith, begun the rehabilitation of the Improvements on the schedule stated above, then title to the Property shall revert to the City, except as provided in this Agreement; provided, however, that if construction has not begun within the state period but the development of the Project is still imminent, the City Council may, but shall not be required to, consent to an extension of time for the construction of the Improvements, and if an extension is granted but construction of the Improvements has not begun within such extended period, then the title to the Property shall revert to the City after the end of said extended period. If Company determines at any time that the Project is not economically feasible, then after giving thirty (30) days' advance written notice to City, Company may convey the Property to City by special warranty deed, and thereupon neither party shall have any further obligation under this Agreement except as expressly provided. If development has commenced within the required period or any extended period and is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company, the requirement that construction of the Project shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension then title to the Property shall revert to the City. 3. Reverter of Title; Indemnity. In the event of any reverter of title, Company agrees that it shall, at its own expense, promptly execute all documents, including but not limited to a special warranty deed, or take such other actions as the City may reasonably request to effectuate said reverter and to deliver to City title to the Property that is free and clear of any lien, claim, or encumbrance arising by or through Company. Company shall pay in full, so as to discharge or satisfy, all liens, claims, charges, and encumbrances on or against the Property. If Company fails to deliver such documents, including but not limited to a special warranty deed, to City within thirty (30) days of written demand by City, then City shall be authorized to execute, on Company's behalf and as its attorney-in-fact, the special warranty deed required by this Section, and for such limited purpose Company does hereby constitute and appoint City as its attorney-in-fact. Page 161 of 303 DEVELOPMENT AGREEMENT Page 3 Company further agrees that it shall indemnify City and hold it harmless with respect to any demand, claim, cause of action, damage, or injury made, suffered, or incurred as a result of or in connection with the Project, Company's failure to carry on or complete same, or any lien, claim, charge, or encumbrance on or against the Property of any type or nature whatsoever that attaches to the Property by virtue of Company's ownership of same. If City files suit to enforce the terms of this Agreement and prevails in such suit, then Company shall be liable for all legal expenses, including but not limited to reasonable attorneys' fees. Company's duties of indemnity pursuant to this Section shall survive the expiration, termination or cancellation of this Agreement for any reason. 5. No Encumbrances; Limited Exception. Until completion of the Improvements, Company agrees that it shall not create, incur, or suffer to exist any lien, encumbrance, mortgage, security interest, or charge on the Property, other than such mortgage or mortgages as may be reasonably necessary to finance Company's completion of the Improvements and of which Company notifies City in advance of Company's execution of any such mortgage. Company may not mortgage the Property or any part thereof for any purpose except in connection with financing of the Improvements. 6. Water and Sewer. Company will be responsible for extending water and sewer service to any location on the Property and for payment of any associated connection fees. 7. Reserved 8. Reserved 9. Reserved 10. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 11. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. Page 162 of 303 DEVELOPMENT AGREEMENT Page 4 B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 12. No Assignment or Conveyance. Company agrees that it will not sell, convey, assign or otherwise transfer its interest in the Property prior to completion of the Project, whether in whole or in part, to any other person or entity without the prior written consent of City. Reasonable grounds for the City to withhold its consent shall include but are not limited to the inability of the proposed transferee to demonstrate to the City's satisfaction that it has the financial ability to observe all of the terms to be performed by Company under this Agreement. 13. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 14. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. (b) if to Company, to Tim Moyer, 4415 Gilbertville Road, Waterloo, Iowa 50701, Attention: Tim Moyer Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such Page 163 of 303 DEVELOPMENT AGREEMENT Page 5 transmission was successful. A party may change the address for giving notice by any method set forth in this section. 15. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 17. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 18. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 19. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. 20. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 21. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 22. Time of Essence. Time is of the essence of this Agreement. Page 164 of 303 DEVELOPMENT AGREEMENT Page 6 IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA Tim Moyer By: By: Quentin Hart, Mayor Tim Moyer Attest: Kelly Felchle, City Clerk Page 165 of 303 DEVELOPMENT AGREEMENT Page 7 Page 166 of 303 EXHIBIT "A" Legal Description of Property Lot 19 of Black Hawk Subdivision, Waterloo, Black Hawk County, Iowa. Page 167 of 303 CITY OF WATERLOO Council Communication F.Y. 2017 Flood Control Gatewell Repairs, Contract No. 918 City Council Meeting: 4/24/2017 Prepared: 4/21/2017 REVIEWERS: Department Reviewer Action Date Engineering Gentz, Dennis Approved 4/21/2017 - 10:59 AM Clerk Office Higby, Nancy Approved 4/21/2017 - 11:06 AM ATTACHMENTS: Description Type D Bid Tab Backup Material SUBJECT: Submitted by: Source of Funds: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Submitted By: Jamie Knutson, PE, Associate Engineer G.O. Bonds Page 168 of 303 FY17 FLOOD CONTROL GATEWELL REPAIRS CONTRACT NO. 918 Bid Tab: April 20, 2017 Estimate: $250,000 Bid Security Required Bidder Security Bid Amount Peterson Contractors, Inc. Reinbeck, IA 5% $221,066 Tricon Construction Group Dubuque, IA o 5 /o $378,000 Ricklefs Excavating, Ltd. Anamosa, IA o 5 /o $288,000 WRH, Inc. Amana, Inc. 5% $229,500 Page 169 of 303 CITY OF WATERLOO Council Communication F YE2017 Budget Amendment. City Council Meeting: 4/24/2017 Prepared: 4/13/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 4/19/2017 - 10:15 AM Clerk Office Even, LeAnn Approved 4/19/2017 - 10:27 AM ATTACHMENTS: Description Type D Budget Amendment FYE17 Council Comm Cover Memo SUBJECT: Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution to approve said budget amendment. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Summary Statement: The City is required under state law to amend the budget prior to exceeding expenditures in any one of the nine program areas; public safety, public works, health and social services, culture and recreation, community and economic development, general government, debt service, capital projects and the proprietary funds (sewer and sanitation). This amendment addresses the need for additional budget authority for insurance. We planned to use fund balance restricted for insurance purposes if needed when the original budget was set. It appears that we will make more payments than originally budgeted for these purposes, requiring the budget to be amended. Policy Issue: Comply with state law regarding budgeted expenditures. Background Information: We are required to publish the estimated budget amendment no more than twenty and no fewer than ten days (excluding holidays) prior to the hearing. The notice was properly published Friday, April 14, 2017. Page 170 of 303 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: April 19, 2017 April 19, 2017 Michelle Weidner None FYE2017 Budget Amendment Hearing Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Approve the budget amendment to the FYE2017 Budget. Summary Statement: The City is required under state law to amend the budget prior to exceeding expenditures in any one of the nine program areas; public safety, public works, health and social services, culture and recreation, community and economic development, general government, debt service, capital projects and the proprietary funds (sewer and sanitation). Additional information will be provided prior to the hearing date. This amendment addresses the need for additional budget authority for insurance. We planned to use fund balance restricted for insurance purposes if needed when the original budget was set. It appears that we will make more payments than originally budgeted for these purposes, requiring the budget to be amended. Expenditure Required: N/A Source of Funds: Various Compliance with state law regarding budgeted Policy Issue: expenditures. Alternative: None Background Information: We are required to publish the estimated budget amendment no more than twenty and no fewer than ten days (excluding holidays) prior to the hearing. The notice was properly published Friday, April 14, 2017. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 171 of 303 CITY OF WATERLOO Council Communication Purchase of one (1) automated side -load garbage truck for the Sanitation Department. City Council Meeting: 4/24/2017 Prepared: 4/24/2017 REVIEWERS: Department Traffic Operations ATTACHMENTS: Description D Bid Tab SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Reviewer Even, LeAnn Action Approved Type Backup Material D ate 4/19/2017 - 3:15 PM Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids and refer to Interim Public Works Director for review. Submitted By:Sandie Greco, Interim Public Works Director Recommend Approval The Sanitation Department purchases one (1) automated truck annually (20%) of route fleet. Estimate $240,000 Operating Budget: 525-15-5400-2117 Life expectancy of a route truck is 5-7 years. Route trucks, once replaced, continue to be utilized (up to 5 additional years) to perform curbside recycle, curbside yard waste and extended yard waste pickup. Page 172 of 303 PURCHASE OF (1) AUTOMATED SIDE LOAD GARBAGE TRUCK Bid Tab: April 20, 2017 Estimate: $240,000 Bidder Bid Amount Harrison Truck Center Elk Run Heights, IA $240,573.00 $233,659.00 Cedar Rapids Truck Center, Inc. Cedar Rapids, IA $231,250.00 Custom Truck Inc. Sioux Falls, SD $239,798.88 Page 173 of 303 CITY OF WATERLOO Council Communication Purchase of two (2) compact pickup trucks for the Engineering Department. City Council Meeting: 4/24/2017 Prepared: 4/19/2017 REVIEWERS: Department Reviewer Traffic Operations Even, LeAnn SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Action Approved D ate 4/19/2017 - 3:19 PM Hearing cancelled - no bids received. Submitted By: Sandie Greco, Interim Public Works Director Recommend Approval The purchase of two compact pickup truck supports the Engineering Department on -street construction oversight process. This purchase replaces 2002 and 2004 model equipment. Replacement of these two vehicles was programmed in the 2017 Capital Equipment Replacement Program. Estimate $50,000 415-07-7830-2117 416-07-7830-2117 The purchase of two compact pickup trucks supports the Engineering Department on -street construction oversight process. This purchase replaces 2002 and 2004 model equipment. Replacement of these two vehicles was programmed in the 2017 Capital Equipment Replacement Program. Page 174 of 303 CITY OF WATERLOO Council Communication Resolution approving the FY 2018 Ambulance Fee Schedule. City Council Meeting: 4/24/2017 Prepared: 4/17/2017 REVIEWERS: Department Reviewer Action Date Fire Rescue Treloar, Pat Approved 4/17/2017 - 5:29 PM Clerk Office Even, LeAnn Approved 4/18/2017 - 11:09 AM ATTACHMENTS: Description Type D Ambulance Fee Schedule Cover Memo SUBJECT: Resolution approving the FY 2018 Ambulance Fee Schedule. Submitted by: Submitted By:Pat Treloar, Fire Chief Recommended Action: Approve Summary Statement: W F R is seeking approval of the 2018 fiscal year ambulance fee schedule. We use the Wellmark/Bluecross maximum allowable fee (MAF) schedule to set our rates. Page 175 of 303 Fee Event Current Proposed Advanced Life Support Emergent $723.79 $723.79 Advanced Life Support II 1001.00 1011.00 Basic Life Support Non Emergent 382.84 382.84 Basic Life Support Emergent 582.00 588.00 Mileage 12.00/ Per Mile 13.00/per mile Page 175 of 303 CITY OF WATERLOO Council Communication City Council Meeting: April 24, 2017 Prepared: April 17. 2017 Dept. Head Signature: # of Attachments: SUBJECT: Ambulance Fee Schedule Submitted by: Pat Treloar, Chief of Fire Services Recommended City Council Action: Approve Summary Statement: We are seeking approval to adopt Fiscal Year 2018 Ambulance Fee Schedule. Expenditure Required Source of Funds Policy Issue Alternative Background Information: WFR is seeking increases to the Ambulance Fee Schedule effective July 1, 2018 The proposed fee schedule is listed below: Fiscal Year 2017 Fee Schedule Proposed 2018 Fee Schedule Event Current Fee Proposed Fee Advanced Life Support Emergent $723.79 $723.79 Advanced Life Support II 1001.00 1011.00 Basic Life Support Non Emergent 382.84 382.84 Basic Life Support Emergent 582.00 588.00 Mileage 12.00/ Per Mile 13.00/per mile Page 176 of 303 CITY OF WATERLOO Council Communication Resolution approving Agreement with Cedar Valley Catholic Schools allowing use of Bontrager Park for football practice, and authorize Mayor and City Clerk to execute said agreement. City Council Meeting: 4/24/2017 Prepared: 4/18/2017 REVIEWERS: Department Leisure Services Clerk Office Reviewer Huting, Paul Even, LeAnn ATTACHMENTS: Description ❑ Bontrager CVCS Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: Legal Descriptions: Action Approved Approved Type Cover Memo D ate 4/18/2017 - 10:37 AM 4/18/2017 - 11:08 AM Resolution approving Agreement with Cedar Valley Catholic Schools allowing use of Bontrager Park for football practice, and authorize Mayor and City Clerk to execute said agreement. Submitted By: Paul Huting, Leisure Services Director Approve Agreement with Cedar Valley Catholic Schools as recommended by the Leisure Services Commission. Tom Ulses, Activities Director with CVCS requested use of Bontrager Park for football practice. The City Attorney drafted the attached Agreement which was approved at the April 11 Leisure Services Commission meeting. N/A N/A Tom Ulses, Activities Director with CVCS requested use of Bontrager Park for football practice. The City Attorney drafted the attached Agreement which was approved at the April 11 Leisure Services Commission meeting. Leisure Services staff have reviewed the site and agreement terms, and recommend Council approval. Page 177 of 303 PARK USAGE AGREEMENT NOW on this day of , 2017, this Park Usage Agreement is made by and between The Cedar Valley Catholic Schools, and The City of Waterloo. The purpose of this Park Usage Agreement is to allow the Columbus High School football teams of Waterloo, Iowa, to hold practices at Waterloo's City Park, commonly known as Bontrager Park. Bontrager Park is located directly across the street from Columbus High School, on West Ninth Street, and Columbus High School football teams are without a suitable practice area. That this Agreement has been approved by The Cedar Valley Catholic Schools, as the Waterloo City Council. 1. Term. This Park Rental Agreement will run from the beginning of the season for football practice, namely, mid-August of 2017, and will run through the end of the football season, namely, mid-November of 2017. 2. Designated Practice Areas. The Columbus High School football teams will designate an area of Bontrager Park, and will hold their practices in that specific area only. They will be responsible for mowing and lining their designated practice area for the term of this Agreement. 3. Times. The Columbus High football teams shall have priority for use of the designated practice area, Monday through Friday, between 2:30 p.m. and 6:00 p.m. Also Saturdays, between 8:00 a.m. through 11:00 a.m. and 4:00 p.m. through 8:00 p.m. on Sundays. 4. Additional Terms. The Columbus High football team shall not be allowed to erect any storage building on site. The football team may leave blocking sleds on the property, but will do so at their own risk. The City of Waterloo would not be responsible for any theft or damage to any equipment or sleds. It is expected that the Columbus High football players will not park their vehicles at Bontrager Park or interfere with traffic in the area. The football team shall clean the area after each and every practice. There will not be left behind any type of litter at the designated area of the football team or its coaches, managers, or spectators. It is expected that there will be cross country events held at Bontrager Park during the time frame of this agreement and Columbus football practice shall not interfere with such events. 5. Hold Harmless. The Cedar Valley Catholic Schools further agree to indemnify, defend and hold harmless, the City of Waterloo from and against any claim, demand, cause, loss, liability or damage whatsoever, including, but not limited to, reasonable attorney Page 178 of 303 fees and expenses and costs which arise from the above-described activity. Further, the Cedar Valley Catholic Schools agree to add the City of Waterloo as a named insured on its liability policy for purposes of this Agreement. 6. Assignment. This Agreement may not be assigned by either party. 7. Damage to City Park. That Cedar Valley Catholic Schools shall not damage the area to which they are using for the football practices from August to November. In the event the City of Waterloo feels that the Park is enduring damage which would result in City dollars to fix and/or maintain the park, the Cedar Valley Catholic Schools shall cease using said Park upon demand of the City of Waterloo. Further, they shall be responsible for bringing the damaged park back to an acceptable and/or original condition prior to the usage of said Park to the football team. The cost of any and all damage shall be paid by the Cedar Valley Catholic Schools. 8. Mandatory Seeding. Cedar Valley Catholic Schools shall drill seed the designated practice area at the end of the season to ensure thick healthy turf for the next season. Type of seed shall be determined by City of Waterloo. DATED this day of , 2017. DATED this _day of , 2017. CEDAR VALLEY CATHOLIC SCHOOLS By: Dale Monroe, Chief Administrator CITY OF WATERLOO, IOWA By:, Quentin Hart, Mayor By: Kelley Felchle, City Clerk Page 179 of 303 CITY OF WATERLOO Council Communication Resolution approving a one year farm lease agreement for 2017 with Doug Bruns to farm approximately 28.4 acres of land generally located south of Highway 20 and west of Kimball Avenue for a total yearly payment of $800.00 and authorize Mayor and City Clerk to execute said document. City Council Meeting: 4/24/2017 Prepared: 4/18/2017 REVIEWERS: Department Planning & Zoning Clerk Office Reviewer Schroeder, Aric Even, LeAnn ATTACHMENTS: Description D Bruns Lease Agreement SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Policy Issue: Background Information: Action Approved Approved Type Cover Memo D ate 4/19/2017 - 10:33 AM 4/19/2017 - 11:57 AM Resolution approving a one year farm lease agreement for 2017 with Doug Bruns to farm approximately 28.4 acres of land generally located south of Highway 20 and west of Kimball Avenue for a total yearly payment of $800.00 and authorize Mayor and City Clerk to execute said document. Submitted By: Noel Anderson, Community Planning and Development Director Approval Transmitted is a request to enter into a lease agreement with Doug Bruns to lease approximately 28.4 acres for the purposes of bailing hay, located just south of Highway 20 and west of Kimball Avenue. The proposed lease would begin from said date of City Council approval and terminate on December 31, 2017. The applicant has baled the land in question in the past, but only paid $300.00 for the yearly rent. The applicant noted that land for baling is going for approximately $50 per acre, as well as noting that only about 16 acres of the overall site can be baled due to low areas and a couple of waterways that remain wet and there is some floodplain upon the property. Therefore, the applicant is proposing a rental amount of $800.00. Staff feels that the proposed rental rate is fair and would recommend approval of the lease agreement. N/A N/A Property Management N/A Page 180 of 303 Legal Descriptions: See attached. Page 181 of 303 11 .- II °I 1 . City Owned Land - SW Corner of Kimball Avenue & Hwy 20 28.4 Acres Land in Question 0 200 400 Feet N Pager -of 303 CITY OF WATERLOO, IOWA LEASE AGREEMENT for CITY -OWNED PROPERTY This Lease Agreement (the "Agreement") is made and entered into this day of , 2017, by and between the City of Waterloo, Iowa (hereinafter referred to as "City"), and (hereinafter referred to as "Lessee"). 1. The City agrees to allow the Lessee to use and occupy City property (the "Property") located on the Southwest corner of Kimball Avenue and U.S. Highway 20, and legally described in Exhibit "A", attached hereto and made a part hereof by this reference. Lessee shall use the Property only for growing hay and pasturage of livestock, and shall not grow crops, cultivate the land, or use the Property for any other purpose whatsoever. 2. The City agrees to allow Lessee to use and occupy the Property for a term commencing on the day of , 2017, and terminating on the 315E day of December , 2017. The Lessee agrees to pay the City $800.00 on or before March 1 of each year during the term of this Agreement. Any payment made is non- refundable in the event this Agreement is terminated by either party pursuant to Section 3 below. 3. The City may terminate this Agreement, as to any part or all of the Property, upon thirty (30) days' written notice if the City needs the use of the Property for its own purposes. Lessee may terminate this Agreement, in whole but not in part, upon thirty (30) days' written notice to the Waterloo Community Planning, and Development Department. 4. Lessee agrees to maintain the Property including all fenced areas. This will include reseeding and fertilizing when necessary. Lessee agrees to maintain the Property as a grass area only with any reseeding to be done with bluegrass grass seed only. Further, Lessee agrees that if flooding occurs, the livestock will be removed to another location until the land has dried and recovered sufficiently to allow grazing and pasturing again. 5. Lessee will assume full responsibility for any and all livestock escaping and agrees to assume liability for any damage caused to the livestock being at large or any injury or death of livestock while at large. 6. Lessee agrees to post adequate signs to keep hunters and trespassers off the Property, and Lessee shall not hunt nor permit any other person to hunt on the Property. Lessee will be solely responsible for keeping trespassers off the Property. 7. In consideration of the extension of this Agreement to the Lessee, Lessee hereby agrees to indemnify and hold the City harmless for any and all Liability, claims, demands, actions, causes of action, and/ or damages whatsoever to any person or property which may arise out of or are in any way connected with Lessee's use of the Property in any manner, whether directly or indirectly, and shall further indemnify the City for any damage to the Property caused by Lessee, its employees or agents. Page 183 of 303 8. Lessee shall, at its own expense, procure and maintain comprehensive public liability insurance in the amount of not less than $1,000,000 per occurrence. Such insurance shall cover liability arising from the acts or omissions of Lessee, its employees and agents, and shall protect the City against such claims, damages, costs or expenses on account of injury to any person or persons, or to the property of same, by reason of such casualty, accident or other occurrence on or about the Property during the term of this Agreement. Certificates or copies of said policies, naming the City as an additional insured, and providing for thirty (30) days' advance notice to the City before cancellation, shall be delivered to City no later March 1, 2009. A renewal certificate shall be provided to the City prior to expiration of any policy. The City shall provide no insurance for the property or activities of the Lessee, its agents or employees. 9. Lessee agrees to prohibit all engine -powered off-road vehicles and four-wheel drive vehicles. 10. In the event any other person acquires a right of ingress and egress across the Property, Lessee agrees to be responsible for any additional fencing, gates, and/or maintenance which may be necessary, at no cost to the City. 11. Lessee shall comply with all applicable environmental laws concerning application, storage and handling of chemicals (including, without limitation, herbicides and insecticides) and fertilizers. Lessee shall apply any chemicals used for weed or insect control at levels not to exceed the manufacturer's recommendation for the soil types involved. Farm chemicals may not be stored on the Property. Chemicals used on the Property shall be stored in clearly marked, tightly closed containers. No chemicals or chemical containers will be disposed of on the Property. Application of chemicals for agricultural purposes per manufacturer's recommendation shall not be construed to constitute disposal. Lessee shall immediately notify City of any chemical discharge, leak, or spill which occurs on the Property. Lessee shall employ all means appropriate to insure that well or ground water contamination does not occur, and shall be responsible to follow all applicator's licensing requirements. Lessee shall properly post all fields (when posting is required) whenever chemicals are applied by ground or air. Lessee shall not dispose of any substances, including but not limited to waste oil, tires, batteries, paint, other chemicals or containers, anywhere on the Property. Solid waste may not be disposed of on the Property. Dead livestock may not be buried on the Property. No underground storage tanks shall be placed or maintained on the Property. After termination, Lessee shall remain liable for violations which occurred during the term of this Agreement. 12. The City may enter the Property at any reasonable time for the purpose of consulting with Lessee, viewing the Property, making improvements, or for other reasonable purposes that do not interfere with Lessee's ability to use the Property as provided herein. 13. Lessee shall not lease or sublet any part of the Property nor assign this 2 Page 184 of 303 Agreement to any other person without the prior written permission of the City. 14. Lessee agrees that on termination of the Agreement, Lessee will yield possession of the Property to City without further demand or notice, in as good order and condition as at the beginning of the term of this Agreement. Loss or damage by forces beyond Lessee's control and ordinary wear and tear are excepted. 15. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between City and Lessee nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 16. If Lessee fails to observe any term or condition of this Agreement, including but not limited to the payment of rent, it shall be in default of this Agreement, and City may then exercise any and all legal remedies available under applicable law. In the event of default Lessee shall be liable for any and all damage or loss suffered or incurred by City, including but not limited to reasonable attorneys' fees and expenses incurred in connection with the exercise of any right or remedy by City. 17. Any notice under this Agreement shall be in writing and shall be delivered in person or by United States certified mail, postage prepaid, and addressed to the other party at its last known address. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, or (ii) three (3) business days following the date of deposit if mailed by United States certified mail, postage prepaid. 18. This Agreement contains the entire Agreement between the parties. None of the covenants, provisions, terms of conditions of this Agreement will be in any manner modified, waived, or abandoned, except by written instrument duly signed by both parties. This Agreement is binding upon and shall inure to the benefit of the parties and their respective heirs, personal representatives, successors and assigns. IN WITNESS WHEREOF, the parties have executed this Lease Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO LESS fir_, BY: By: (1--- Mayor ATTEST: City Clerk 3 By: Page 185 of 303 CITY'S ACKNOWLEDGMENT: STATE OF IOWA, BLACK HAWK COUNTY, SS: On this day of , 2017, before me, the undersigned, a Notary Public in and for said County, in said State, personally appeared and to me personally known, who, before by me duly sworn, did say that they are the MAYOR and CITY CLERK, respectively, of said City executing the within and foregoing instrument to which this is attached, that the seal affixed thereto is the seal of said City; that said instrument was signed and sealed on behalf of said City by authority of its City Council; and that the said MAYOR and CITY CLERK, acknowledged the execution of said instrument to be the voluntary act and deed of said City, by it and by them voluntarily executed. LESSEE'S ACKNOWLEDGMENT STATE OF IOWA, BLACK HAWK COUNTY, SS: knowledged before me on //. / 1 , 2017, by as of Notary Public nIhL -.. 0 ._ AIM AND ERA ComMlssIoN No.T/251h t MY COMMISSION EKP!l3FS locos APRIL 11 2018 4 Notary Public Page 186 of 303 EXHIBIT "A" LEGAL DESCRIPTION COMMENCING AT THE EAST 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA, THENCE SOUTH 89° 18 1/2' WEST, 40.0 FEET ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9 TO THE POINT OF BEGINNING: THENCE CONTINUING WEST ALONG SAID NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9 A DISTANCE OF 1.0 FOOT; THENCE SOUTH 0° 10' EAST, 334.4 FEET; THENCE SOUTH 89° 50' WEST, 39.0 FEET; THENCE NORTH 32° 28' WEST, 393.0 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE NORTH 32° 42' WEST, 471.4 FEET; THENCE SOUTH 89° 191/2' WEST, 783.8 FEET; THENCE NORTH 66° 541/2' WEST, 340.8 FEET; THENCE SOUTH 37° 321/2' WEST, 250.0 FEET; THENCE SOUTH 10° 31' WEST, 364.5 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE SOUTH 89° 211/2' WEST, 115.0 FEET ALONG SAID NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE 0° 541/2' EAST, 561.8 FEET; THENCE NORTH 26° 56' EAST, 508.5 FEET; THENCE SOUTH 89° 191/2 EAST, 406.9 FEET; THENCE SOUTH 89° 151/2' EAST, 926.1 FEET; THENCE SOUTH AND PARALLEL WITH THE EAST LINE OF SAID SECTION 9 A DISTANCE OF 500 FEET; THENCE SOUTHEAST TO THE POINT OF BEGINNING, ALL IN THE CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA. EXCEPT: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA; THENCE SOUTH 89° 181/2' WEST, 41.0 FEET ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE SOUTH 0° 10' EAST, 334.4 FEET; THENCE SOUTH 89° 50' WEST, 39.0 FEET; THENCE NORTH 32° 28' WEST, 393.0 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE NORTH 32° 42' WEST, 471.4 FEET TO THE POINT OF BEGINNING. THENCE NORTH 89° 191/2' WEST, 783.8 FEET; THENCE NORTH 66° 541/2' WEST, 162.15 FEET; THENCE SOUTH 89° 191/2' EAST, 149.03 FEET; THENCE SOUTH 0° 071 EAST, 33 FEET; THENCE SOUTH 89° 191/2' EAST, 783.8 FEET; THENCE SOUTH 0° 71/2' EAST, 33 FEET TO THE POINT OF BEGINNING. ALSO EXCEPT: COMMENCING AT THE EAST 1/4 CORNER OF SECTION 9, TOWNSHIP 88 NORTH, RANGE 13 WEST OF THE 5TH PRINCIPAL MERIDIAN, IN THE CITY OF WATERLOO, IOWA; THENCE SOUTH 89° 181/2' WEST, 41.0 FEET ALONG THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE SOUTH 0° 30' EAST, 334.4 FEET; THENCE SOUTH 89° 50' WEST, 39.0 FEET; THENCE NORTH 32° 28' WEST, 393.0 FEET TO THE NORTH LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 9; THENCE NORTH 32° 42' WEST, 471.4 FEET; THENCE NORTH 89° 191/2' WEST, 783.8 FEET; THENCE NORTH 66° 541/2' WEST, 340.8 FEET; THENCE SOUTH 37° 321/2' WEST, 92.86 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 37° 321/2' WEST, 157.14 FEET; THENCE NORTH 0° 071/2' WEST, 123.16 FEET; THENCE SOUTH 89° 191/2' EAST, 96.12 FEET TO THE POINT OF BEGINNING. 5 Page 187 of 303 CITY OF WATERLOO Council Communication Resolution approving award of contract to Gametime C/O Cunningham Recreation of Charlotte, North Carolina, in the amount of $44,855.86; and approving the Contract, Bonds, and Certificate of Insurance for the FY2017 Highland Park Playground Project; and authorize Mayor and City Clerk to execute said documents. City Council Meeting: 4/24/2017 Prepared: 4/19/2016 REVIEWERS: Department Leisure Services Clerk Office Reviewer Huting, Paul Even, LeAnn ATTACHMENTS: Description D Contract D Performance Bond - Highland P ark D Certificate of Insurance - Highland Park SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Action Approved Approved Type Cover Memo Cover Memo Cover Memo D ate 4/19/2017 - 9:36 AM 4/19/2017 - 12:09 PM Resolution approving award of contract to Gametime C/O Cunningham Recreation of Charlotte, North Carolina, in the amount of $44,855.86; and approving the Contract, Bonds, and Certificate of Insurance for the FY2017 Highland Park Playground Project; and authorize Mayor and City Clerk to execute said documents. Submitted By: Travis Nichols, Facilities/Project Manager Request Council award and adopt resolution transmitting Contract, Bonds and Certificate of Insurance for Gametime C/O Cunningham Recreation of Charlotte, North Carolina, for the FY2017 Highland Park Playground Project, and approve and authorize the Mayor to sign Contract between the City of Waterloo and Cunningham Recreation. This project provides new playground and safety surfacing at Highland Park $44,855.86 Community Development Block Grant of $20,000, and City match of $25,000 from G.O. bond funds and private donations. This project is a joint effort between the City and the University of Northern Iowa football team. The team have volunteered to supply the labor free of charge for the installation of the playground with supervision of installation provided by Cunningham Recreation. The UNI football team also has done fundraising for this project and gifted those collections to Leisure Services Page 188 of 303 to help fund this project. Page 189 of 303 CITY OF WATERLOO, IOWA WATERLOO LEISURE SERVICES COMMISSION CONTRACT For the FY2017 Highland Park Playground Project This Contract made and entered into this 24th day of April 2017, by and between the City of Waterloo, Iowa, a Municipal Corporation, hereinafter referred to as City, and Cunningham Recreation, hereinafter referred to as Contractor, WITNESSETH: Par. 1 The Contractor shall furnish all supervision, technical personnel, labor, materials, and equipment to perform all work required for the FY2017 Highland Park Playground Project described in the specifications and shown on the plans. Par. 2 The Contract Documents shall consist of the following: a. This Agreement b. Notice of Hearing c. Signed Copy of Bid d. Specifications e. Performance Bond f. Payment Bond g. Certificate of Insurance h. Attachment A: Davis Bacon and Related Acts Requirements 1. Federal Clauses 2. Wage Rate Determination Packet 3. Section 3 These documents form the Contract and are all fully a part of the Contract as if attached to this Contract or repeated herein. Par. 3 The Contractor agrees to commence the work within forty-five (45) days after the issuance of "Notice to Proceed" and complete the work within the given time frame. Par. 4 The Contractor agrees to comply with and obey all ordinances of the City of Waterloo, Iowa, relating to the obstruction of streets and alleys, keeping open passageways for water, traffic and protecting any excavation in any street or alley and maintaining proper and sufficient barricades with lights and signals during all hours of darkness and agrees to see that the backfilling is properly done and agrees to keep the City whole and defend any suits that may be brought against it by reason of any injuries that may be sustained by any person on account of doing this work by the Contractor and any agents of the Contractor. CONTRACT page 1 Of 2 Page 190 of 303 Par. 5 The Contractor agrees that in case a suit is brought against the City for damages sustained by reason of any act, omission or negligence of the Contractor or its agents or on account of any injuries sustained by reason of any obstruction, hole, depression or barrier placed or dug by the defendant or its agents in the doing of the work herein contracted for, that it will defend said suit and save the City harmless therein and in case judgment is rendered against the City, the Contractor agrees to pay the same promptly and agrees to carry public liability insurance in a solvent company in a sufficient amount to protect the City and any and all persons who may use the project. Par. 6 The Contractor shall have no cause of action against the City on account of delays and prosecution of work, but if the work is delayed by the City, the Contractor may have extra time for the completion of the job as was lost by reason of the delay caused by the City. Par. 7 The Contractor agrees to pay punctually all just claims of labor, material, men or Subcontractors, who perform labor or furnish materials entering into this improvement. It is agreed that the City need not pay the Contractor until all such claims are paid by the Contractor and lien waivers are received. It is agreed that the City shall bear no liability for payments due for labor or materials under this contract. Par. 8 In consideration of the full compliance on the part of the Contractor with all the provisions, stipulations and conditions hereof, or contained in the various instruments made a part of this Contract by reference, and upon completion and acceptance of the work, the City agrees to pay the Contractor: Sum of Forty Four Thousand Eight Hundred Fifty-five Dollars and 86 Cents ($44,855.86) City of Waterloo, Iowa, Quentin Hart, Mayor Kelley Felchle, City Clerk Contractor: Cunningham Recreation Scott Cunningham, President Cunningham Recreation Approved by the City Council of the City of Waterloo, Iowa, this 24th day of April, 2017. ATTEST: City Clerk CONTRACT page 2 of 2 Page 191 of 303 Document A312TM — 2010 Conforms with The American Institute of Architects AIA Document 312 Performance Bond CONTRACTOR: (Name, legal status and address) PlayCore Wisconsin, Inc. dba GameTime 150 PlayCore Drive Fort Payne, AL 35967 OWNER: (Name, legal status and address) City of Waterloo, Iowa 1101 Campbell Avenue Waterloo, IA 50701 CONSTRUCTION CONTRACT Date: April 24, 2017 Bond Number: 0198076 SURETY: (Name, legal status and principal place of business) Berkley Insurance Company (a DE corp.) 475 Steamboat Rd. Greenwich, CT 06830 Amount: $ 43,992.41 (Forty Three Thousand Nine Hundred Ninety Two And 41/100) Description: (Varve and location) FY2017 Highland Park Playground Project BOND Date: April 24, 2017 (Not earlier than Construction Contract Date) Amount: $ 43,992.41 ( Forty Three Thousand Nine Hundred Ninety Two And 41/100) Modifications to this Bond: None CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) PlayCore Wisconsin, Inc. dba GameTime Signature: Name X See Section 16 SURETY Company: (Corporate Seal) Berkley Insurance Company Signature: Name This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. i ilii L. V ( And Title: And Title: Sylvi' M. Ogle, Attorney -In -Fact (Any additional signatures appear on the last page of this Performance Bond) (FOR INFORMATION ONLY Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Marsh (Architect, Engineer or other party: ) 3560 Lenox Road, Suite 2400 Atlanta, GA 30326 404-995-3000 Page 192 of 303 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner for the performance of the Construction Contract, which is incorporated herein by reference. § 2 If the Contractor performs the Construction Contract, the Surety and the Contractor shall have no obligation under this Bond, except when applicable to participate in a conference as provided in Section 3. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation under this Bond shall arise after .1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default. Such notice shall indicate whether the Owner is requesting a conference among the Owner, Contractor and Surety to discuss the Contractor's performance. If the Owner does not request a conference, the Surety may, within five (5) business days after receipt of the Owner's notice, request such a conference. If the Surety timely requests a conference, the Owner shall attend. Unless the Owner agrees otherwise, any conference requested under this Section 3.1 shall be held within ten (10) business days of the Surety's receipt of the Owner's notice. If the Owner, the Contractor and the Surety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right, if any, subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default, terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. § 4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations, or release the Surety from its obligations, except to the extent the Surety demonstrates actual prejudice. § 5 When the Owner has satisfied the conditions of Section 3, the Surety shall promptly and at the Surety's expense take one of the following actions: § 5.1 Arrange for the Contractor, with the consent of the Owner, to perform and complete the Construction Contract; § 5.2 Undertake to perform and complete the Construction Contract itself, through its agents or independent contractors; § 5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence, to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract, and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default; or § 5.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or .2 Deny liability in whole or in part and notify the Owner, citing the reasons for denial. § 6 If the Surety does not proceed as provided in Section 5 with reasonable promptness, the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond, and the Owner shall be entitled to enforce any remedy available to the Owner. If the Surety proceeds as provided in Section 5.4, and the Owner refuses the payment or the Surety has denied liability, in whole or in part, without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Page 193 of 303 § 7 If the Surety elects to act under Section 5.1, 5.2 or 5.3, then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract, and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract. Subject to the commitment by the Owner to pay the Balance of the Contract Price, the Surety is obligated, without duplication, for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal, design professional and delay costs resulting from the Contractor's Default, and resulting from the actions or failure to act of the Surety under Section 5; and .3 liquidated damages, or if no liquidated damages are specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor. § 8 If the Surety elects to act under Section 5.1, 5.3 or 5.4, the Surety's liability is limited to the amount of this Bond. § 9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than the Owner or its heirs, executors, administrators, successors and assigns. § 10 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 11 Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 12 Notice to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. § 13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 14 Definitions § 14.1 Balance of the Contract Price. The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been made. including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled, reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. § 14.2 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. § 14.3 Contractor Default. Failure of the Contractor, which has not been remedied or waived, to perform or otherwise to comply with a material term of the Construction Contract. § 14.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. § 14.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 15 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 16 Modifications to this bond are as follows: Page 194 of 303 The attached Warranty Limitation Rider is a part of this bond. (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address Page 195 of 303 No. BI -477i POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. -o KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly ci organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted -* and appointed, and does by these presents make, constitute and appoint: Gary D. Eklund; D -Ann Kleidosty; Sylvia M. Ogle; Sharon J. Potts; Brooke A. Sharp; or Christine Doczy of Marsh USA, Inc. of Atlanta, GA its true and lawful Attorney -in -Fact, to P.. 2 sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, .c with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. Dollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly all -0 elected officers of the Company at its principal office in their own proper persons. c E ;This Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, ; without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following 0 � resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: m ._ O RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Eo Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to o execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the e corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such ac attorney-in-fact and revoke any power of attorney previously granted; and further a RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further oRESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any E power of attomey or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or 3 other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any o� person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have -o E ceased to be such at the time when such instruments shall be issued. Y b IN WITNESS WHEREOF, the Com n has c seg these presents to be signed and attested byits appropriate officers and its �, ,� Y1; C 1 corporate seal hereunto affixed this day of 1.4..E , 2Q 1" O -2 '� Attest: / Berkle Insurance Cornpan L (Seal) 13y By o Ira Leder an c O rn U O a E 0 .N STATE OF CONNECTICUT ) '" E ) ss: -o N COUNTY OF FAIRFIELD ) r,{, ,.=a.) Sworn to before me, a Notary Public in the Slate of Connecticut, this day of i 1 C w (±by Ira S. Lederman and Jeffrey M. Ilafter who are sworn to me to be the Executive Vice Presider t al d Secretary,` Ir the Senior Vice President, ro0 respectively, of Berkley Insurance Comparlg1ARIA C. RUNDBAKEN / r NOTARY PUBLIC 7f ' I ,e_, L . -e" _ _4' / ?/' ¢ c MY COMMISSION EXPIRES ° APRIL 30, 2019 C7 CERTIFICATE Z `E I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct gt and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the 3 ; Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is a., is i , 11 force and effect as E of this date. Given under my hand and seal of the Company, this _ day of Executive Vice President & Secretary WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. otary Public, State of Connecticut (Seal) Vincent P. litG°G orte Page 196 of 303 WARRANTY LIMITATION RIDER TO PERFORMANCE BOND This rider is an attachment to and forms a part of the performance bond # 0198076 executed by Berkley Insurance Company ("Berkley"), as Surety, on behalf of PlayCore Wisconsin, Inc. DBA GameTime ("Principal") and in favor of City of Waterloo, Iowa ("Obligee") in connection with FY2017 Highland Park Playground Project ("Contract") dated April 24, 2017. It is a condition of this Performance Bond that the warranty obligations of Berkley, notwithstanding any provision to the contrary in the Contract or related documents, is limited to a term not to exceed one year from the date of substantial completion of Principal's performance under the Contract. By acceptance of this bond and this rider, the Obligee acknowledges that Berkley's warranty obligations under the bond shall not exceed one year from the date of substantial completion of Principal's performance under the Contract, and the Obligee agrees that any warranty claim by the Obligee under this bond must be discovered and asserted against Berkley within one year from substantial completion. Any extended warranties provided in the Contract by the Principal and/or product manufacturers for workmanship or materials that exceed one year from the substantial completion date shall be the sole obligations of the Principal and/or the product manufacturers and shall be explicitly excluded from coverage under this performance bond provided by Berkley. By acceptance of this bond, the Obligee acknowledges that the warranty periods in the Contract are not statutory requirements and that the Obligee can and does waive coverage under the bond for such warranties following one year from substantial completion of the Contract. The Obligee acknowledges that Berkley is relying on these representations as a condition to issuing this performance bond. Signed, sealed, and dated this 24th day of_ April , 20 17 . SURETY: PRINCIPAL: Berkley Insurance Company PlayCore Wisconsin, Inc. DBA GameTime M By:: ylvM. Ogle, A r -in -Fact By: Page 197 of 303 No. BI -477i POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly g organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted fl end appointed, and does by these presents make, constitute and appoint: Gary D. Eklund; D -Ann Kleidosty; Sylvia M. Ogle; .'Sharon J. Potts; Brooke A. Sharp; or Christine Doczy of Marsh USA, Inc. of Atlanta, GA its true and lawful Attorney -in -Fact, to "Aign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, �? with the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. jlollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly elected officers of the Company at its principal office in their own proper persons. -4-his Power of Attorney shall be construed and enforced in accordance with, and governed by, the laws of the State of Delaware, t3,vithout giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following o resolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: > �- o E g — o A a� o ¢„o 1-- v c RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant Secretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such attorney-in-fact and revoke any power of attorney previously granted; and further RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or other suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any •E power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any • person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have ceased to be such at the time when such instruments shall be issued. E c IN WITNESS WHEREOF, the Cominy has c se these presents to be signed and attested by its appropriate officers and its o corporate seal hereunto affixed this day of 0 X Attest: cztp ct F (Seal) 13y By 'b o 2 WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. Berkle Insurance Compan Ira S. LederTfian Executive Vice President & Secretary fter en o s ick: •esident 2 iv n. & L E -0 O N 1 sSworn to before me, a Notary Public in the State of Connecticut, this (I day of 5 and Jeffrey' M. 1 -tatter who are sworn to me to be the Executive Vice Presdec t add Secretary, ct = c respectively, of Berkley Insurance ComparVARIA C. RUNDBAKEN 9 > NOTARY PUBLIC / 1 // ,( ,e_ (' Q c MY COMMISSION EXPIRES o APRIL 30, 2019 C7 'F, CERTIFICA'T'E z , the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct 2 *Eland complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the cu Q Attorney -in -Fact set forth therein, who executed the bond or undertaking to which is Power of Attorney is att. i : ' is i . 11 force and effect as 2of this date. -r1. 441 Given under my hand and seal of the Company, this �_ day ofI MI / .. orte STATE OF CONNECTICUT ) ) ss; COUNTY OF FAIRFIELD ) 116 by Ira S. Lederman the Senior Vice President, I i otary Public, State of Connecticut (Seal) Vincent P. Page 198 of 303 Document A312TM - 2010 Conforms with The American Institute of Architects AIA Document 312 Payment Bond Bond Number: 0198076 CONTRACTOR: SURETY: (Name, legal status and address) (Value, legal status and principal place of business) PlayCore Wisconsin, Inc. dba GameTime 150 PlayCore Drive Fort Payne, AL 35967 OWNER: (Name, legal status and address) City of Waterloo, Iowa 1101 Campbell Avenue Waterloo, IA 50701 CONSTRUCTION CONTRACT Date: April 24, 2017 Berkley Insurance Company (a CT corp.) 475 Steamboat Rd. Greenwich, CT 06830 Mailing Address for Notices Amount: $ 43,992.41 (Forty Three Thousand Nine Hundred Ninety Two And 41/100) Description: (Name and location) FY2017 Highland Park Playground Project BOND Date: April 24, 2017 (Not earlier than Construction Contract Date) Amount: $ 43,992.41 (Forty Three Thousand Nine Hundred Ninety Two And 41/100) Modifications to this Bond: X CONTRACTOR AS PRINCIPAL Company: (Corporate Seal) PlayCore Wisconsin, Inc. dba GameTime Signature: None See Section 18 SURETY Company: (Corporate Seal) Berkley Insurance Company Signature:,Kor Name Name 7, And Title: And Title: Sylvia -M. Ogle, Attorney -In -Fact (Any additional signatures appear on the last page of this Performance Bond) This document has important legal consequences. Consultation with an attorney is encouraged with respect to its completion or modification. Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable. (FOR INFORAL4TION ONLY Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Marsh (Architect, Engineer or other party:) 3560 Lenox Road, Suite 2400 Atlanta, GA 30326 ; 404-995-3000 Page 199 of 303 § 1 The Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference, subject to the following terms. § 2 If the Contractor promptly makes payment of all sums due to Claimants, and defends, indemnifies and holds harmless the Owner from claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract, then the Surety and the Contractor shall have no obligation under this Bond. § 3 If there is no Owner Default under the Construction Contract, the Surety's obligation to the Owner under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety (at the address described in Section 13) of claims, demands, liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Construction Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. § 4 When the Owner has satisfied the conditions in Section 3, the Surety shall promptly and at the Surety's expense defend, indemnify and hold harmless the Owner against a duly tendered claim, demand, lien or suit. § 5 The Surety's obligations to a Claimant under this Bond shall arise after the following: § 5.1 Claimants, who do not have a direct contract with the Contractor, .1 have furnished a written notice of non-payment to the Contractor, stating with substantial accuracy the amount claimed and the name of the party to whom the materials were, or equipment was, furnished or supplied or for whom the labor was done or performed, within ninety (90) days after having last performed labor or last furnished materials or equipment included in the Claim; and .2 have sent a Claim to the Surety (at the address described in Section 13). § 5.2 Claimants, who are employed by or have a direct contract with the Contractor, have sent a Claim to the Surety (at the address described in Section 13). § 6 If a notice of non-payment required by Section 5.1.1 is given by the Owner to the Contractor, that is sufficient to satisfy a Claimant's obligation to furnish a written notice of non-payment under Section 5.1.1. § 7 When a Claimant has satisfied the conditions of Sections 5.1 or 5.2, whichever is applicable, the Surety shall promptly and at the Surety's expense take the following actions: § 7.1 Send an answer to the Claimant, with a copy to the Owner, within sixty (60) days after receipt of the Claim, stating the amounts that are undisputed and the basis for challenging any amounts that are disputed; and § 7.2 Pay or arrange for payment of any undisputed amounts. § 7.3 The Surety's failure to discharge its obligations under Section 7.1 or Section 7.2 shall not be deemed to constitute a waiver of defenses the Surety or Contractor may have or acquire as to a Claim, except as to undisputed amounts for which the Surety and Claimant have reached agreement. If, however, the Surety fails to discharge its obligations under Section 7.1 or Section 7.2, the Surety shall indemnify the Claimant for the reasonable attorney's fees the Claimant incurs thereafter to recover any sums found to be due and owing to the Claimant. § 8 The Surety's total obligation shall not exceed the amount of this Bond, plus the amount of reasonable attorney's fees provided under Section 7.3, and the amount of this Bond shall be credited for any payments made in good faith by the Surety. § 9 Amounts owed by the Owner to the Contractor under the Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims, if any, under any construction performance bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Construction Contract are dedicated to satisfy obligations of the Contractor and Surety under this bond, subject to the Owner's priority to use the funds for the completion of the work. § 10 The Surety shall not be liable to the Owner, Claimants or others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not be liable for the payment of any costs or expenses of any Page 200 of 303 Claimant under this Bond, and shall have under this Bond no obligation to make payments to, or give notice on behalf of, Claimants or otherwise have any obligations to Claimants under this Bond. § 11 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or to related subcontracts, purchase orders and other obligations. § 12 No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent jurisdiction in the state in which the project that is the subject of the Construction Contract is located or after the expiration of one year from the date (1) on which the Claimant sent a Claim to the Surety pursuant to Section 5.1.2 or 5.2, or (2) on which the last labor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of (1) or (2) first occurs. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. § 13 Notice and Claims to the Surety, the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. Actual receipt of notice or Claims, however accomplished, shall be sufficient compliance as of the date received. § 14 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed, any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein. When so furnished, the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. § 15 Upon request by any person or entity appearing to be a potential beneficiary of this Bond, the Contractor and Owner shall promptly furnish a copy of this Bond or shall permit a copy to be made. § 16 Definitions § 16.1 Claim. A written statement by the Claimant including at a minimum: .1 the name of the Claimant; .2 the name of the person for whom the labor was done, or materials or equipment furnished; . 3 a copy of the agreement or purchase order pursuant to which labor, materials or equipment was furnished for use in the performance of the Construction Contract; .4 a brief description of the labor, materials or equipment furnished; .5 the date on which the Claimant last performed labor or last furnished materials or equipment for use in the performance of the Construction Contract; . 6 the total amount earned by the Claimant for labor, materials or equipment furnished as of the date of the Claim; .7 the total amount of previous payments received by the Claimant; and . 8 the total amount due and unpaid to the Claimant for labor, materials or equipment furnished as of the date of the Claim. § 16.2 Claimant. An individual or entity having a direct contract with the Contractor or with a subcontractor of the Contractor to Furnish labor, materials or equipment for use in the performance of the Construction Contract. The term Claimant also includes any individual or entity that has rightfully asserted a claim under an applicable mechanic's lien or similar statute against the real property upon which the Project is located. The intent of the Bond shall be to include without limitation in the terms "labor, materials or equipment" that part of water, gas, power, Tight, heat, oil, gasoline, telephone service or rental equipment used in the Construction Contract, architectural and engineering services required for performance of the work of the Contractor and the Contractor's subcontractors, and all other items for which a mechanic's lien may be asserted in the jurisdiction where the labor, materials or equipment were furnished. § 16.3 Construction Contract. The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and all changes made to the agreement and the Contract Documents. § 16.4 Owner Default. Failure of the Owner, which has not been remedied or waived, to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. Page 201 of 303 § 16.5 Contract Documents. All the documents that comprise the agreement between the Owner and Contractor. § 17 If this Bond is issued for an agreement between a Contractor and subcontractor, the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. § 18 Modifications to this bond are as follows: (Space is provided below for additional signatures of added parties, other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: Signature: Name and Title: Name and Title: Address Address Page 202 of 303 No. BI -477i POWER OF ATTORNEY BERKLEY INSURANCE COMPANY WILMINGTON, DELAWARE NOTICE: The warning found elsewhere in this Power of Attorney affects the validity thereof. Please review carefully. -rs KNOW ALL MEN BY THESE PRESENTS, that BERKLEY INSURANCE COMPANY (the "Company"), a corporation duly al organized and existing under the laws of the State of Delaware, having its principal office in Greenwich, CT, has made, constituted .wand appointed, and does by these presents make, constitute and appoint: Gary D. Eklund; D -Ann Kleidosty; Sylvia M. Ogle; as ;Sharon J. Potts; Brooke A. Sharp; or Christine Doczy of Marsh USA, Inc. of Atlanta, GA its true and lawful Attorney -in -Fact, to ••sign its name as surety only as delineated below and to execute, seal, acknowledge and deliver any and all bonds and undertakings, .Ewith the exception of Financial Guaranty Insurance, providing that no single obligation shall exceed Fifty Million and 00/100 U.S. uDollars (U.S.$50,000,000.00), to the same extent as if such bonds had been duly executed and acknowledged by the regularly cti elected officers of the Company at its principal office in their own proper persons. TThis Power of Attorney shall be construed and enforced in accordance with, and govemed by, the laws of the State of Delaware, without giving effect to the principles of conflicts of laws thereof. This Power of Attorney is granted pursuant to the following Eresolutions which were duly and validly adopted at a meeting of the Board of Directors of the Company held on January 25, 2010: cn c 0 0 ril RESOLVED, that, with respect to the Surety business written by Berkley Surety Group, the Chairman of the Board, Chief o _ Executive Officer, President or any Vice President of the Company, in conjunction with the Secretary or any Assistant oSecretary are hereby authorized to execute powers of attorney authorizing and qualifying the attorney-in-fact named therein to o , execute bonds, undertakings, recognizances, or other suretyship obligations on behalf of the Company, and to affix the iu F. corporate seal of the Company to powers of attorney executed pursuant hereto; and said officers may remove any such o.2 attorney-in-fact and revoke any power of attorney previously granted; and further _� RESOLVED, that such power of attorney limits the acts of those named therein to the bonds, undertakings, recognizances, or HC.4Hother suretyship obligations specifically named therein, and they have no authority to bind the Company except in the manner w IF and to the extent therein stated; and further RESOLVED, that such power of attorney revokes all previous powers issued on behalf of the attorney-in-fact named; and further flto RESOLVED, that the signature of any authorized officer and the seal of the Company may be affixed by facsimile to any E power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or 3 other suretyship obligation of the Company; and such signature and seal when so used shall have the same force and effect as though manually affixed. The Company may continue to use for the purposes herein stated the facsimile signature of any o'E person or persons who shall have been such officer or officers of the Company, notwithstanding the fact that they may have 'nE ceased to be such at the time when such instruments shall be issued. e, ._ Y 'b IN WITNESS WHEREOF, the Com n has c seg thesepresents to be signed and attested byits appropriate officers and its w = � Y t; o ° corporate seal hereunto affixed this V day of 2O 1' o .- '�o Attest: ``/ ' Berkle Insurance Coinpan an L H (Seal) 13y /f f i By 0 c 76 o°' U o •c E C •.N STATE OF CONNECTICUT ) ) ss: aa, EO N t; COUNTY OF FAIRFIELD ) o44( Y a) Sworn to before me, a Notary Public in the Slate of Connecticut, this day of i �� l ( , by Ira S. Lederman "czi.q._ and Jeffrey M. Haller who are sworn to me to be the Executive Vice Presjder t at d S 74 _ecretary,` It the Senior Vice President, o respectively, of Berkley Insurance Compartg1ARIA C. RUNDBAI<EN 9 c / r 1 V, NOTARY PUBLIC �4.,(,e C- -1 - /��� Q MY COMMISSION EXPIRES otaty Public, State of Connecticut 1 0 APRIL 30, 2019 C7 CCERTIFICA'I11 Z `E I, the undersigned, Assistant Secretary of BERKLEY INSURANCE COMPANY, DO HEREBY CERTIFY that the foregoing is a true, correct Ut and complete copy of the original Power of Attorney; that said Power of Attorney has not been revoked or rescinded and that the authority of the Q a0i Attorney -in -Fact set forth therein, who executed the bond or undertaking to which this Power of Attorney is att. • > is i , 11 force and effect as Given under my hand and seal of the Company, this day of __,..0° Ira S Ledei-rfian Executive Vice President & Secretary WARNING: THIS POWER INVALID IF NOT PRINTED ON BLUE "BERKLEY" SECURITY PAPER. s of this date. /j+ [- I- (Seal) Vincent P. orte Page 203 of 303 CITY OF WATERLOO Council Communication Resolution approving the Nevada Street Railroad Crossing Surface Repair Agreement, with the Iowa Department of Transportation and the Chicago Central and Pacific Railroad Company, for the repair of one surface crossing totaling 78 -lineal feet, for a project total of $133,389 with the city's cost at $27,177.80. City Council Meeting: 4/24/2017 Prepared: 4/19/2017 REVIEWERS: Department Engineering Clerk Office Reviewer Thorson, Eric Even, LeAnn Action Approved Approved ATTACHMENTS: Description Type D Nevada St Crossing Rep Agreement Cover Memo SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Background Information: D ate 4/19/2017 - 11:15 AM 4/19/2017 - 12:20 PM Resolution approving the Nevada Street Railroad Crossing Surface Repair Agreement, with the Iowa Department of Transportation and the Chicago Central and Pacific Railroad Company, for the repair of one surface crossing totaling 78 -lineal feet, for a project total of $133,389 with the city's cost at $27,177.80. Submitted By: Jeff Bales, Associate Engineer Approve State of Iowa Grade Crossing Surface Repair Fund Force Account Agreement and authorize Mayor to sign and enter into said agreement. The DOT will pay 60% of the project costs and CN Railroad and City will each pay 20% of the costs. The roadway traffic control costs are the responsibility of the City. City cost is estimated to be $26,678 + $500 for traffic control = $27,178. Local Option Sales Tax revenue This funding program has been traditionally utilized by the City and the railroads for the reconstruction of railroad crossings. Page 204 of 303 Form 291308 (04-16) Office of Rail Transportation 800 Lincoln Way, Ames, IA 50010 Railroad Crossing Location Information County: Location: State of Iowa State - Aid Grade Crossing Surface Repair Fund Force Account Agreement RR name Label for Agreement 2 (Agreement for BNSF, UP, DME, (CRANDIC) CIC, CC, CEDR, IAIS) Blackhawk FRA No: 307117K Nevada Street City of Waterloo Street Name City Name 307117I(45 Project Number Contact Lrformation Highway Authority Contact: Jeff Bales Office Phone No: (319) 291-4312 Email Address: jeff.bales@waterloo-ia.org Railroad Company Contact: Harlan Arians Office Phone No: (319) 236-9205 Email Address: arians@cn.ca Iowa DOT Program Manager: Kristopher Klop Office Phone No: 515-239-1108 Email Address: Kristopher.Klop@dot.iowa.gov Iowa DOT Project Inspector: Travis Tinken Office Phone No: 515-290-5055 Email Address: Travis.Tinken@dot.iowa.gov Page 1 of 9 Page 205 of 30 Rr3 FRA No: 307117IC THIS AGREEMENT, entered into pursuant to Iowa Code Ch. 327G and 761 Iowa Administrative Code, Chapter 821, is between the City of Waterloo, Iowa, hereinafter referred to as HIGHWAY AUTHORITY, and the Chicago Central & Pacific Railway Company, hereinafter referred to as COMPANY, and Iowa Department of Transportation, hereinafter referred to as DEPARTMENT. The HIGHWAY AUTHORITY and the COMPANY agree to repair the at -grade crossing located at Nevada Street in Waterloo, Iowa, and further agree as follows. SECTION I. Work Statement and Performance. The COMPANY and the HIGHWAY AUTHORITY have determined the extent of the repair to be performed at this crossing, including railway, roadway approach modifications, and replacement of existing sidewalks and/or recreational trails. This repair shall conform to the COMPANY and HIGHWAY AUTHORITY Standards. The agreed work, generally described in the Work Statement identified as Exhibit "A" attached hereto and made part of this Agreement, is to be performed by COMPANY forces. In the absence of specific COMPANY standards that have been accepted by the DEPARTMENT, BNSF/Union Pacific Railroad common crossing standards shall be used as guidance. Current standards are at the following website and considered as part of this agreement: http://www.iowadot.gov/iowarail/pdfs/UP- BNSF%20road xings%20Std.pdf If the COMPANY chooses to utilize contract company forces to perform the work, the COMPANY must obtain detailed itemized bids for the work to be completed. The COMPANY must provide the bids to the DEPARTMENT and HIGHWAY AUTHORITY for review and approval. The DEPARTMENT and HIGHWAY AUTHORITY shall approve the bid prior to the contract company performing any repair work. In the event that a contract company is utilized by the COMPANY, Exhibit B of this document is in effect and must be followed. Page 2 of 9 Page 206 of 303 Rr3 FRA No: 307117K The HIGHWAY AUTHORITY will be responsible to have existing sidewalk(s) and/or recreational trail(s) replaced by a contractor or their own forces, in accordance with the Americans with Disabilities Act (ADA) requirements. In the absence of specific HIGHWAY AUTHORITY standards that are acceptable to the COMPANY, the DEPARTMENT's Standard Road Plan MI -220 shall be used. As per Standard Road Plan MI -220, the detectable warning is to be installed 12'-15' from the edge of the nearest rail, and the sidewalk is a minimum width of 5'. The project will include the cost of an additional two feet of sidewalk and/or recreational trail, or to the nearest sidewalk and/or recreational trail joint, whichever is less, beyond the detectable warning. Any additional new sidewalk and/or recreational trail beyond that point will be paid by the HIGHWAY AUTHORITY and is not part of this project. Truncated domes are the only detectable warnings allowed by ADA Accessibility Guidelines. Grooves, exposed aggregate, and other designs intended for use as detectable warning are too similar to pavement textures, cracks, and joints and are not considered equivalent facilitation, and do not comply with ADA requirements. Future maintenance of the sidewalk(s) and detectable warning device will be the responsibility of the HIGHWAY AUTHORITY. If the HIGHWAY AUTHORITY chooses to utilize contract company forces to perform the sidewalk or recreational trail work referenced in the above paragraph, the HIGHWAY AUTHORITY must obtain detailed itemized bids for the work to be completed. The HIGHWAY AUTHORITY must provide the bids to the DEPARTMENT for review and approval. The DEPARTMENT shall approve the bid prior to the contract company performing any repair work. The HIGHWAY AUTHORITY will coordinate and have the approaches completed according to the Exhibit "A" of this agreement. The HIGHWAY AUTHORITY will pay the contractor and submit a detailed invoice billing to the COMPANY for 100% of the approach costs, along with costs for the sidewalk, and/or recreational trail. Copies of the contractors invoice(s) should be included with the HIGHWAY AUTHORITY's billing. The COMPANY will reimburse the HIGHWAY AUTHORITY at 100%. These costs will then be included in the final billing to the DEPARTMENT and HIGHWAY AUTHORITY. If the HIGHWAY AUTHORITY chooses to place the approaches, sidewalk(s) and/or recreational trail(s) with their own forces, they will submit an itemized billing for 100% of their costs to the COMPANY. The COMPANY will reimburse the HIGHWAY AUTHORITY at 100%. These costs will then be included in the final billing to the DEPARTMENT and HIGHWAY AUTHORITY. The COMPANY shall have the asphalt contractor chosen by the HIGHWAY AUTHORITY place the underlayment in the track opening as per the UP/BNF specifications. The billing for all asphalt will be included in the invoice the contractor submits to the HIGHWAY AUTHORITY and handled the same as stated above. SECTION II. Cost Estimate. The estimated cost of the project work is itemized on Exhibit "B" attached hereto, and made part of this Agreement. The DEPARTMENT shall not make total project payment exceeding 10% of the cost estimate provided by the COMPANY in the engineered estimate. Any accrued costs more than the 10% cap must be provided to the DEPARTMENT and HIGHWAY AUTHORITY for review and approval. SECTION III. Work Start and Completion. The date this agreement is signed by the DEPARTMENT is the COMPANY's authorization to proceed with the work. The COMPANY shall begin the construction of the project as soon as possible after the date the DEPARTMENT signs this agreement and shall complete the project within 18 months. Costs incurred prior to the Page 3 of 9 Page 207 of 303 Rr3 FRA No: 307117K DEPARTMENT signing the agreement are not reimbursable under this Agreement. Cost incurred more than 18 months after the DEPARTMENT signs this agreement will not be reimbursed unless the COMPANY has requested in writing, prior to expiration of the agreement, and received from the DEPARTMENT a written extension of time for completion. The DEPARTMENT shall have complete discretion, and be the sole authority to grant or deny extensions. Costs incurred for work following the extension time will not be reimbursed. SECTION IV. Traffic Control. The roadway will be closed during repair. Exhibit "A" describes specific closure conditions. The HIGHWAY AUTHORITY is responsible for the establishment and payment for traffic control (i.e.: barricades, signing, detours, detour damage, and runarounds). The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person: 1) a minimum of 60 days in advance of the approximate starting date to allow the HIGHWAY AUTHORITY to implement the detour; and 2) 14 days in advance of the actual starting date to allow the HIGHWAY AUTHORITY adequate time to provide and install appropriate signs on the detour. SECTION V. Work Notification. The COMPANY shall notify the DEPARTMENT and the HIGHWAY AUTHORITY's Contact Person no later than 14 days prior to the start of its work at the crossing. The HIGHWAY AUTHORITY shall be given ample opportunity to document the materials, equipment, and labor required to complete the project. The DEPARTMENT and HIGHWAY AUTHORITY shall have the right to inspect the project work at any time. The HIGHWAY AUTHORITY shall perform on-site inspection of the project work each day. SECTION VI. Project Completion. After the COMPANY has completed the required work, the COMPANY shall so notify the DEPARTMENT and the HIGHWAY AUTHORITY in writing or by email within 30 days of completion. The DEPARTMENT shall arrange an inspection with the HIGHWAY AUTHORITY, and the COMPANY in order for all parties to determine whether the project work has been completed in accordance with the terms of this Agreement or Amendments thereto. Pavement markings and stop lines shall be placed by the HIGHWAY AUTHORITY as required by Part 8 of the Manual on Uniform Traffic Control Devices for Streets and Highways. If the existing traffic control devices at a multiple -track highway -rail grade crossing become improperly placed or inaccurate because of removal of some of the tracks, the existing devices shall be relocated and/or modified at COMPANY expense pursuant to the Manual on Uniform Traffic Control Devices, Part 8. If the roadway is widened or relocated, the existing devices shall be relocated and/or modified at HIGHWAY AUTHORITY expense pursuant to the Manual On Uniform Traffic Control Devices, Part 8. Relocation of the traffic control devices will be completed prior to removal of the detour. When the work has been completed in accordance with the Agreement, the COMPANY, DEPARTMENT, and the HIGHWAY AUTHORITY shall sign a Certificate of Completion and Acceptance form at the project site following final inspection. SECTION VII. Reimbursable Costs. The COMPANY will keep an accurate and detailed account of actual and necessary reimbursable costs incurred under this Agreement. Replacement of existing sidewalk(s) and/or recreational trail(s), and subcontracted work costs shall be included in detail with the COMPANY billing. The cost of labor, material, all associated additives and subcontracted work costs are reimbursable, and shall be billed on a force account basis in accord with Title 23 Code of Federal Regulations, Part 140, Subpart I. Labor additives reimbursed are to be exclusive of indirect and overhead costs as elected by the DEPARTMENT and provided for by 23 CFR 140.907(a). The cost of preliminary project engineering, construction inspection, track inspection, relocation of existing signals, signal wires, and switches, or the construction of runarounds will not be eligible project reimbursable costs. Page 4 of 9 Page 208 of 303' Rr3 FRA No: 307117K SECTION VIII. Cost Sharing. The HIGHWAY AUTHORITY and COMPANY each shall pay twenty percent (20%) of the reimbursable costs defined in SECTION VII for work described in Exhibit "A". The DEPARTMENT will use the Grade Crossing Surface Repair Fund to reimburse the COMPANY for sixty percent (60%) of the total eligible costs for this project. The DEPARTMENT's CERTIFICATE OF AUDIT shall establish eligible reimbursable project costs. SECTION IX. Progressive Payments. The COMPANY may submit accurate progressive bills to the DEPARTMENT for sixty percent (60%) of its material, labor and any subcontracted costs included in Exhibit "B", for each crossing location. The billing for material shall be for those materials that have been delivered to the project location or specifically purchased and delivered to the COMPANY for use on the project. The DEPARTMENT and HIGHWAY AUTHORITY may make progressive payments to the COMPANY for one -hundred percent (100%) of each party's billed participation, or the HIGHWAY AUTHORITY may elect to retain a percentage of their billed participation. SECTION X. Final Billing. If applicable, the HIGHWAY AUTHORITY will submit a detailed billing to the COMPANY for the actual sidewalk and/or recreational trail replacement costs. Upon completion of the project the COMPANY shall submit an accurate final and complete, itemized, electronic billing. Final bill shall include a detailed summary of all incurred costs. SECTION XI. Final Payment. The DEPARTMENT, upon receipt of the final bill and Certificate of Completion and Acceptance form, shall review, and forward the final bill to the DEPARTMENT'S Office of Audits for final audit. Reimbursement to the COMPANY shall be governed by the DEPARTMENT'S Certification of Audit. The DEPARTMENT shall make payment to the COMPANY equal to 60 percent (60%) of the final reimbursable amount, less previous payment. The COMPANY shall promptly reimburse the DEPARTMENT in the amount of any overpayments. The HIGHWAY AUTHORITY shall make payment equal to 20 percent (20%) of the COMPANY final billing or the estimated cost noted on Exhibit "B" of the agreement, less previous payment, within 30 days of its receipt of the COMPANY final billing. In the event of overpayment by the HIGHWAY AUTHORITY as determined by the DEPARTMENT audit of COMPANY records, the COMPANY shall pay the HIGHWAY AUTHORITY the amount of overpayment within 30 days of its receipt of the DEPARTMENT final audit. SECTION XII. Maintenance and Abandonment. Upon completion of the project, the COMPANY shall maintain the crossing surface to provide a safe and sufficient crossing for vehicular travel. If the track is removed from both sides of the crossing, the COMPANY shall remove the surface material, rail and cross ties from the crossing and shall restore the roadway void to the satisfaction of the HIGHWAY AUTHORITY, all at COMPANY expense. If the existing traffic control devices at a multiple -track highway -rail grade crossing become improperly placed or inaccurate because of removal of some of the tracks, the existing devices shall be relocated and/or modified at COMPANY expense pursuant to the Manual on Uniform Traffic Control Devices, Part 8.. Future maintenance of the sidewalk(s) and detectable warning device will not be the responsibility of the COMPANY. SECTION XIII. Standard Title VI Assurances. The COMPANY shall comply with all applicable DEPARTMENT and Federal laws, rules (including the administrative rules adopted by the DEPARTMENT for the IPPP Program - 761 Iowa Administrative Code, chapter 201), ordinances, regulations, and orders. The COMPANY, and all agents of the COMPANY that participate in the project, shall also comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4, and all requirements imposed by or pursuant to Title 49, Code of Federal Regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21 - to the end that Page 5 of 9 Page 209 of 303`' Rr3 FRA No: 307117K no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the DEPARTMENT. SECTION XIV. Successor and Assigns. This agreement shall be binding upon all successors or assigns. The COMPANY shall provide written notice to the HIGHWAY AUTHORITY and the DEPARTMENT of any assignment of this Agreement. SECTION XV. Project Contact Persons. All notices and communications essential to complete the work required by this Agreement shall be made to the Contact Persons and the DEPARTMENT specified on the cover page of this Agreement. SECTION XVI. Integration and Amendment. This Agreement and its exhibits constitute the entire Agreement between the DEPARTMENT, the COMPANY, and the HIGHWAY AUTHORITY concerning this project. If the DEPARTMENT determines a substantial change is to be made in the project work described in Exhibit "A", the DEPARTMENT will furnish the written approval of the change. SECTION XVII. Termination Due to Lack of Funds. Notwithstanding anything in this Contract to the contrary, and subject to the limitations set forth below, the DEPARTMENT shall have the right to terminate this Contract without penalty and without any advance notice as a result of any of the following: 1. The federal government, legislature or governor fail in the sole opinion of the DEPARTMENT to appropriate funds sufficient to allow the DEPARTMENT to either meet its obligations under this Contract or to operate as required and to fulfill its obligations under this Contract; or 2. If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the DEPARTMENT to make any payment hereunder are insufficient or unavailable for any other reason as determined by the DEPARTMENT in its sole discretion; or 3. If the DEPARTMENT's authorization to conduct its business or engage in activities or operations related to the subject matter of this Contract is withdrawn or materially altered or modified. The DEPARTMENT shall provide the HIGHWAY AUTHORITY and COMPANY with written notice of termination pursuant to this section. The DEPARTMENT will pay the COMPANY for the DEPARTMENT share of the non -cancelable obligations allowable under the Agreement and properly incurred by the COMPANY prior to termination. SECTION XVIII. Merged Documents. This agreement may be executed and delivered in three or more counterparts, each of which so executed and delivered shall be deemed to be an original, and all shall constitute but one and the same instrument. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such judgment shall not affect the validity of any section, provision, or part thereof not found to be invalid or unconstitutional. Page 6 of 9 Page 210 of 303 Rr3 FRA No: 307117K IN WITNESS WHEREOF the COMPANY, the HIGHWAY AUTHORITY and the DEPARTMENT hereto have caused this Agreement to be executed by their duly authorized officers as of the dates indicated below. Executed by the COMPANY By: Narrfe Executed by the HIGHWAY AUTHORITY By: Date Name Date Executed by the DEPARTMENT By: Stuart Anderson, Director Date Office of Rail Transportation Page 7 of 9 Page 211 of 303' Iowa Department of Transportation Form 040016 (04-11) EXHIBIT "A" - WORK STATEMENT Iowa Grade Crossing Surface Repair Fund and Federal -Aid Rail/Highway Crossing Surface Repair County Black Hawk Meeting Date: 10/27/2015 FRA No.: 307117K Highway Authority City of Waterloo RR Company: CN Location: Nevada Street Waterloo Street Naine City Name 1. Crossing(s) Reconstructed A. COMPANY will reconstruct 1 crossings of 75 total feet that include 60 feet of Rubber surface material through the traveled roadway and 15 feet of Rubber surface material through the shoulder or sidewalk area. As a minimum, the crossing must extend beyond the edge of the traveled roadway and through the shoulder if not curbed. B. Existing rail weight through crossing(s) 115 2. Traffic Controls (check below) ❑ A highway runaround will be constructed to permit two-lane traffic during repair. ® The highway will be closed for 5 days during repair. NOTE: The HIGHWAY AUTHORITY is responsible for placement and cost of barricades, signing, detours, detour damage, and runarounds. A. The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person: 1). A minimum of sixty (60) days in advance of the approximate starting date to allow the HIGHWAY AUTHORITY to implement the detour. 2). Fourteen (14) days in advance of the actual starting date to allow the HIGHWAY AUTHORITY adequate time to provide and install appropriate signs on the detour. The COMPANY shall advise the STATE PROJECT INSPECTOR fourteen (14) days in advance of the actual starting date. 3. Track Elevation Relative to Existing Road Pavements (check below.) ❑ Tracks will be constructed to meet existing road grade. ❑ Roadway will be reconstructed to meet a proposed new track grade (roadway work is not covered by this Agreement.) El Tracks will be elevated 4 inches above the adjacent roadway requiring a taper (complete item 4A and 4B.) In any event, the parties agree to provide a smooth crossing. 4. Roadway Work -- Must be sufficient to provide a smooth crossing. HIGHWAY AUTHORITY will coordinate and have approaches completed. Invoices will be sent to the COMPANY to be included in project costs. A. Taper Length (estimated) A 4 foot taper on the North side of the crossing and a 50 foot taper on the South side of the crossing, requires 25 of HMA material (estimated). Taper length should not exceed 25 feet for each inch of track raise. This work will be completed by (►nark with an X): ❑ HIGHWAY AUTHORITY forces • HIGHWAY AUTHORITY'S contractor Page 212 of 3031 FRA No.: 307117K B. Track Opening in the Roadway (mark tii'ith an X) ❑ Existing track opening will be maintained. ▪ Track opening of 20 feet will be required involving the following described roadway modifications. 25 Est. HMA tonnage This work will be completed by (mark with an X): ❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces ❑ COMPANY contractor ® HIGHWAY AUTHORITY'S contractor 5. Existing Sidewalk(s) and/or Recreational Trail replacement by HIGHWAY AUTHORITY The quadrants requiring upgrades to meet ADA requirements (mark with an A7: Sidewalk (5' width required) * Rec Trail (10' width) NE 16 (feet) ® SE 16 (feet) ❑ NE (feet) ❑ SE (feet) 0 NW Net) ❑ SW (feet) ❑ NW (feet) ❑ SE (feet) * Recreational trail footage will be doubled because we use the sidewalk 5' width cost for reimbursement. This work will be completed by (mark with an X) ❑ HIGHWAY AUTHORITY forces ▪ HIGHWAY AUTHORITY's contractor 6. Crossing(s) Permanently Retired and Removed A. COMPANY will retire and remove crossing(s) B. Voids in pavement will be filled with material This work will be completed by (mark with an X) ❑ COMPANY forces ® COMPANY'S contractor 7. Drainage (mark with an X) A. ❑ Present drainage is adequate. B. ® Drainage work required. Specify work to include materials and outlet. C. ® Clean all four (4) quadrants for good surface drainage. HMA U/L will be reviewed at time of project. If this crossing is found to not have an underlayment per RR it will be required for the project due to the drainage issues and the dynamics of train operations threw this area. Has had a history of track settlement due to poor subgrade. 8. Additional Construction and Traffic Control Conditions; i.e., Road Closure Limitations - Construction at this crossing included with this project, and not described above. Only ACC or PCC will be placed one (1) foot from the railroad surface material. City will review prior to project to schedule any manhole repairs prior to overlay. With the proposed track raise the manholes will need to be raised rougly 3" or covered with the overlay. The track raise is required to match the track to the north that has already been done by the RR. This project will only be doing (1) of the (2) tracks at this location. 9. Attendees The following attendees agree on all items of this work statement. This work statement will be included as part of the executed agreement. Railroad Representative: Highway Authority Representative: Harlan Arians Jeff Bales • requiring (units). ❑ HIGHWAY AUTHORITY forces ❑ HIGHWAY AUTHORITY's contractor Name Name State Project Manager: Additional Attendees: Travis Tinken 515-239-1876 (office phone) 515-290-5055 (cell phone) Page 213 of 303 ' Operations Special Capital Project Estimate • Southern Region Design Construction Homewood, IL RENEW & UPGRADE NEVADA STREET CROSSING DOT# 307117K (1 track) Location: WATERLOO Company Name: Chicago, Central & Pacific Railroad Company Subdivision Name: WATERLOO Mile Post: 274.71 State: IA Survey Network Number: Track Network Number: Signal Network Number: Buy American Certification Required? Yes Agency: Iowa MOW DOT Labor Additive Type: Agency/CN Approved Labor $38,753 Material $54,741 Other $39,895 Total Capital Cost $133,389 PW Material $0 Donation -$106,711 TOTAL PROJECT COST $26,678 Created By: HR Arians Revised By: Created Date: Date Revised: March 10, 2017 Status: Final Description GANG SIZE DAYS MANDAYS PRICE TOTAL LABOR Unload/Distribute Material Construct Track Surfacing Welding Install Crossings S&C Labor Remove STARTRAK II conc xings 3 5 3 2 7 6 7 1 2 2 2 1 1 1 3 10 6 4 7 6 7 $330 $330 $330 $330 $330 $330 $330 $990 $3,300 $1,980 $1,320 $2,310 $1,980 $2,310 TOTAL DIRECT LABOR MD: 43 $14,190 Description TOTAL MATERIAL New Rail Field Welding Rail Anchors Tie Plates Minor OTM Track Ties Ballast Crossing Materials Signal & Communications Material Subtotal New / Capitalized Material $5,440 $672 $1,616 $4,806 $10,372 $7,495 $1,904 $18,610 $1,219 $52,134 TOTAL DIRECT MATERIAL $52,134 Description UM QTY PRICE TOTAL OTHER Engineering Real Estate Grading Contractor Track Construction Utilities Signal and Communications Bridge & Structures Hauling/Disposal Total Engineering Total Real Estate Total Grading so so so Holland Flash Butt Welds EA 2 $395 $790 Install Pavement TON 60 $258 $15,480 Remove Pavement TON 60 $31 $1,860 Total Contractor Track Construction Total Utilities Total Signal and Communications $0 $18,130 $0 Total Bridge & Structures $0 Offsite Disposal of Debris LS 1 $2,000 $2,000 Total Hauling/Disposal $2,000 1 of 3 Page 214 of 303 (TOTAL OTHER Miscellaneous Operations Special Capital Project Estimate Southern Region Design Construction Homewood, IL RENEW & UPGRADE NEVADA STREET CROSSING DOT# 307117K (1 track) Per Diem (BMWE Labor) Contingency Rental Equipment Total Miscellaneous MD 37 $87 $3,219 SUM 5% $74,102 $3,706 SUM 1 $12,000 $12,000 519,765 $39,895 Description UM QTY PRICE TOTAL ADDITIVES Labor Capitalized Surcharges Material Capitalized Surcharges USD $14,190 USD $52,134 173.10% 5.00% $24,563 $2,607 (TOTAL ADDITIVES $27,170 (DONATION Donation Amount TOTAL $106,711 -$106,711 -$106,711 I (TOTAL DONATION TOTAL CAPITAL COST TOTAL NON -CAPITALIZED COST (PW MATERIALS) TOTAL DONATION TOTAL PROJECT COST $133,389 $0 -$106,711 $26,678 2 of 3 Page 215 of 303 Operations Special Capital Project Estimate Southern Region Design Construction Homewood, IL RENEW & UPGRADE NEVADA STREET CROSSING DOT# 307117K (1 track) MATERIAL FORECAST FOR: [Material Description 1 State Tax 1 UM 1 QTY 1 Unit Price 1 Total NEW RAIL RAIL 115 LB ALL MANUF/METAL/PROCESS 6.00% FT 240 $18.59 $5,440 TOTAL NEW RAIL $5,440 FIELD WELDING THERMITE KIT 115 # 6.00% EA 6 $105.59 $672 TOTAL FIELD WELDING $672 RAIL ANCHORS ANCHOR RAIL 115# RE HD PLAN TS1313 6.00% EA 950 $1.39 $1,616 TOTAL RAIL ANCHORS $1,616 TIE PLATES PLATE TIE CAST 161N-5 1/21N BASE CLEATED 6.00% EA 142 $27.76 $4,806 TOTAL TIE PLATES $4,806 MINOR OTM JOINT GLUED INS 115 FHH KEV 19' 6" 6.00% EA 4 $1,047.68 $5,109 RAIL TRANSITION 115# 19'6" OR 20' TS1110 6.00% EA 4 $578.45 $2,821 SCREW SPIKE CMN STD 15/16 IN X 6 1/2 IN 6.00% EA 568 $1.83 $1,267 Clip, Pandrol, E2055, Galvn, 6.00% EA 284 $3.39 $1,175 TOTAL MINOR OTM $10,372 TRACK TIES Switch Tie 10 ft 6.00% EA 71 $86.59 $7,495 TOTAL TRACK TIES $7,495 BALLAST BALLAST - MAINLINE 6.00% TN 190 $9.45 $1,904 TOTAL BALLAST $1,904 CROSSING MATERIALS CROSSING RECYCLED RUBBER 115# 10' TIES 6.00% EA 75 $203.55 $18,610 TOTAL CROSSING MATERIALS $18,610 Signals & Communications Materials S&C MATERIALS (Per S&C Dept Estimate) 6.00% LS 1 $1,150.00 $1,219 TOTAL SIGNAL & COMMUNICATIONS $1,219 3 of 3 TOTAL MATERIAL $52,134 Page 216 of 303 RETAINAGE AGREEMENT This Retainage Agreement ("AGREEMENT") is made and entered into by and between the CITY OF WATERLOO IOWA and the CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY, effective as of the date of latest execution shown below: KNOWN ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Waterloo, Iowa (hereinafter referred to as HIGHWAY AUTHORITY) is a political subdivision organized and existing under the laws of the State of Iowa; that its official mailing address is 715 Mulberry Street, Waterloo, Iowa, 50701; and WHEREAS, the Chicago, Central & Pacific Railroad Company (hereinafter referred to as COMPANY) is a corporation organized and existing under the laws of the State of Delaware and duly authorized to conduct business in the State of Iowa; that it operates a common carrier service by railroad between points in Iowa and between points in other states; that its principal offices are located at 17641 South Ashland Avenue, Homewood, Illinois 60430-1345; and WHEREAS, the HIGHWAY AUTHORITY initiated the request to the State of Iowa to secure said State of Iowa safety funds to assist in the costs of upgrading and reconstructing the CROSSING to an enhanced surface. The HIGHWAY AUTHORITY and COMPANY may become parties to a separate agreement being provided by the State of Iowa pursuant to Iowa Code Chapter 327G and 761 Iowa Adminstrative Code, Chapter 821 to upgrade and reconstruct the at -grade crossing (hereinafter referred to as the CROSSING) located at the location where Nevada Street (DOT No. 307117K) crosses over the COMPANY tracks in Waterloo, Iowa, which is attached hereto as Exhibit A. WHEREAS, the HIGHWAY AUTHORITY and COMPANY are entering into this AGREEMENT for the purpose of simply clarifying the maximum amount of retainage that HIGHWAY AUTHORITY may elect to retain when making progressive payments to COMPANY as provided under Section IX of the aforesaid separate agreement attached hereto as Exhibit A. NOW, THEREFORE, in consideration of the stated premises and the mutual covenants and agreements of the parties as herein contained and for other valuable consideration flowing unto the parties, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. The HIGHWAY AUTHORITY shall promptly reimburse the COMPANY in amount not less than NINETY-SEVEN per cent (97%) of any amount progressively billed by COMPANY to HIGHWAY AUTHORITY covering the upgrade and Page 217 of 303 reconstruction of the CROSSING as aforementioned and provided for in Exhibit A. 2. The COMPANY shall agree to enter a separate tri -party agreement presented by the State of Iowa covering the upgrade and reconstruction of the CROSSING as aforementioned and provided for in Exhibit A.. It is agreed between the COMPANY and HIGHWAY AUTHORITY to incorporate by reference the "WHEREAS" clauses set forth above as if fully set forth herein, and each party agrees to be fully bound thereby. This AGREEMENT is binding upon all successors and assigns, and supersedes all other offers, negotiations, and agreements related to the PROJECT. Modifications to this AGREEMENT, and amendments or addenda thereto, must be agreed upon in writing by both parties and executed by both parties. IN WITNESS WHEREOF, the parties have executed this AGREEMENT after being duly authorized to do so. Authorized by the Council of the City of Waterloo, Iowa, on the ,41 day of 1r �, 201/ , per Resolution aol/ -1.33 and executed by Qv -Un --4,n_ -4-1(1 .4-1-' the }iv - of the CAA.y of W0,7!-e/L.�--p acting by anon behalf of City of Waterloo, Iowa, this the .2-0 "`day of kbrua, 20 11 City of Waterloo BY: Title , City of Waterloo ATTEST: Clerk, City e Waterloo Approved by Tom L. Bourgonje, Regional Chief Engineer, of the Chicago, Central & Pacific Railroad Company, this the 30 day of March, 20 (-4- BY: Regional 'fie Eng 2 Page 218 of 303 CITY OF WATERLOO Council Communication Resolution approving the East 4th Street Railroad Crossing Surface Repair Agreement with the Iowa Department of Transportation and the Chicago Central and Pacific Railroad Company, for the repair of three surface crossings totaling 288 -lineal feet, across the Canadian National Railroad Yard, for a project total of $394,123, with the city's cost at $79,824.60. City Council Meeting: 4/24/2017 Prepared: 4/19/2017 REVIEWERS: Department Engineering Clerk Office Reviewer Thorson, Eric Even, LeAnn Action Approved Approved ATTACHMENTS: Description Type D E 4th St Crpssing Rep Agreement Cover Memo SUBJECT: Submitted by: Recommended Action: Expenditure Required: Source of Funds: Background Information: D ate 4/19/2017 - 11:14 AM 4/19/2017 - 12:12 PM Resolution approving the East 4th Street Railroad Crossing Surface Repair Agreement with the Iowa Department of Transportation and the Chicago Central and Pacific Railroad Company, for the repair of three surface crossings totaling 288 -lineal feet, across the Canadian National Railroad Yard, for a project total of $394,123, with the city's cost at $79,824.60. Submitted By: Jeff Bales, Associate Engineer Approve State of Iowa Grade Crossing Surface Repair Fund Force Account Agreement and authorize Mayor to sign and enter into said agreement. The DOT will pay 60% of the project costs and CN Railroad and City will each pay 20% of the costs. The roadway traffic control costs are the responsibility of the City. City cost is estimated to be $78,825 + $1000 for traffic control= $79,825. Local Option Sales Tax revenue This funding program has been traditionally utilized by the City and the railroads for the reconstruction of railroad crossings. Page 219 of 303 7IOWADOT Form 291308 (04-16) Office of Rail Transportation 800 Lincoln Way, Ames, IA 50010 Railroad Crossing Location Information County: Blackhawk Location: State of Iowa State - Aid Grade Crossing Surface Repair Fund Force Account Agreement RR name Label for Agreement 2 (Agreement for BNSF, UP, DME, (CRANDIC) CIC, CC, CEDR, IAIS) FRA No: 307122G East 4th Street City of Waterloo Street Name City Name 307122G44 Project Number Contact Information Highway Authority Contact: Jeff Bales Office Phone No: (319) 291-4312 Email Address: jef£bales@waterloo-ia.org Railroad Company Contact: Harlan Arians Office Phone No: (319) 236-9205 Email Address: arians@cn.ca Iowa DOT Program Manager: Kristopher Klop Office Phone No: 515-239-1108 Email Address: Kristopher.Klop@dotiowa.gov Iowa DOT Project Inspector: Travis Tinken Office Phone No: 515-290-5055 Email Address: Travis.Tinken@dot.iowa.gov Page 1 of 9 Page 220 of 303 Rr3 FRA No: 307122G THIS AGREEMENT, entered into pursuant to Iowa Code Ch. 327G and 761 Iowa Administrative Code, Chapter 821, is between the City of Waterloo, Iowa, hereinafter referred to as HIGHWAY AUTHORITY, and the Chicago Central & Pacific Railway Company, hereinafter referred to as COMPANY, and Iowa Department of Transportation, hereinafter referred to as DEPARTMENT. The HIGHWAY AUTHORITY and the COMPANY agree to repair the at -grade crossing located at East 4'' Street in Waterloo, Iowa, and further agree as follows. SECTION I. Work Statement and Performance. The COMPANY and the HIGHWAY AUTHORITY have determined the extent of the repair to be performed at this crossing, including railway, roadway approach modifications, and replacement of existing sidewalks and/or recreational trails. This repair shall conform to the COMPANY and HIGHWAY AUTHORITY Standards. The agreed work, generally described in the Work Statement identified as Exhibit "A" attached hereto and made part of this Agreement, is to be performed by COMPANY forces. In the absence of specific COMPANY standards that have been accepted by the DEPARTMENT, BNSF/Union Pacific Railroad common crossing standards shall be used as guidance. Current standards are at the following website and considered as part of this agreement: http://www.iowadot.gov/iowarail/pdfs/UP- BNSF%20road xings%20Std.pdf If the COMPANY chooses to utilize contract company forces to perform the work, the COMPANY must obtain detailed itemized bids for the work to be completed. The COMPANY must provide the bids to the DEPARTMENT and HIGHWAY AUTHORITY for review and approval. The DEPARTMENT and HIGHWAY AUTHORITY shall approve the bid prior to the contract company performing any repair work. In the event that a contract company is utilized by the COMPANY, Exhibit B of this document is in effect and must be followed. Page 2 of 9 Page 221 of 303 Rr3 PRA No: 307122G The HIGHWAY AUTHORITY will be responsible to have existing sidewalk(s) and/or recreational trail(s) replaced by a contractor or their own forces, in accordance with the Americans with Disabilities Act (ADA) requirements. In the absence of specific HIGHWAY AUTHORITY standards that are acceptable to the COMPANY, the DEPARTMENT's Standard Road Plan MI -220 shall be used. As per Standard Road Plan MI -220, the detectable warning is to be installed 12'-15' from the edge of the nearest rail, and the sidewalk is a minimum width of 5'. The project will include the cost of an additional two feet of sidewalk and/or recreational trail, or to the nearest sidewalk and/or recreational trail joint, whichever is less, beyond the detectable warning. Any additional new sidewalk and/or recreational trail beyond that point will be paid by the HIGHWAY AUTHORITY and is not part of this project. Truncated domes are the only detectable warnings allowed by ADA Accessibility Guidelines. Grooves, exposed aggregate, and other designs intended for use as detectable warning are too similar to pavement textures, cracks, and joints and are not considered equivalent facilitation, and do not comply with ADA requirements. Future maintenance of the sidewalk(s) and detectable warning device will be the responsibility of the HIGHWAY AUTHORITY. If the HIGHWAY AUTHORITY chooses to utilize contract company forces to perform the sidewalk or recreational trail work referenced in the above paragraph, the HIGHWAY AUTHORITY must obtain detailed itemized bids for the work to be completed. The HIGHWAY AUTHORITY must provide the bids to the DEPARTMENT for review and approval. The DEPARTMENT shall approve the bid prior to the contract company performing any repair work. The HIGHWAY AUTHORITY will coordinate and have the approaches completed according to the Exhibit "A" of this agreement. The HIGHWAY AUTHORITY will pay the contractor and submit a detailed invoice billing to the COMPANY for 100% of the approach costs, along with costs for the sidewalk, and/or recreational trail. Copies of the contractors invoice(s) should be included with the HIGHWAY AUTHORITY's billing. The COMPANY will reimburse the HIGHWAY AUTHORITY at 100%. These costs will then be included in the final billing to the DEPARTMENT and HIGHWAY AUTHORITY. If the HIGHWAY AUTHORITY chooses to place the approaches, sidewalk(s) and/or recreational trail(s) with their own forces, they will submit an itemized billing for 100% of their costs to the COMPANY. The COMPANY will reimburse the HIGHWAY AUTHORITY at 100%. These costs will then be included in the final billing to the DEPARTMENT and HIGHWAY AUTHORITY. The COMPANY shall have the asphalt contractor chosen by the HIGHWAY AUTHORITY place the underlayment in the track opening as per the UP/BNF specifications. The billing for all asphalt will be included in the invoice the contractor submits to the HIGHWAY AUTHORITY and handled the same as stated above. SECTION II. Cost Estimate. The estimated cost of the project work is itemized on Exhibit "B" attached hereto, and made part of this Agreement. The DEPARTMENT shall not make total project payment exceeding 10% of the cost estimate provided by the COMPANY in the engineered estimate. Any accrued costs more than the 10% cap must be provided to the DEPARTMENT and HIGHWAY AUTHORITY for review and approval. SECTION III. Work Start and Completion. The date this agreement is signed by the DEPARTMENT is the COMPANY's authorization to proceed with the work. The COMPANY shall begin the construction of the project as soon as possible after the date the DEPARTMENT signs this agreement and shall complete the project within 18 months. Costs incurred prior to the Page 3 of 9 Page 222 of 303 Rr3 FRA No: 307122G DEPARTMENT signing the agreement are not reimbursable under this Agreement. Cost incurred more than 18 months after the DEPARTMENT signs this agreement will not be reimbursed unless the COMPANY has requested in writing, prior to expiration of the agreement, and received from the DEPARTMENT a written extension of time for completion. The DEPARTMENT shall have complete discretion, and be the sole authority to grant or deny extensions. Costs incurred for work following the extension time will not be reimbursed. SECTION IV. Traffic Control. The roadway will be closed during repair. Exhibit "A" describes specific closure conditions. The HIGHWAY AUTHORITY is responsible for the establishment and payment for traffic control (i.e.: barricades, signing, detours, detour damage, and runarounds). The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person: 1) a minimum of 60 days in advance of the approximate starting date to allow the HIGHWAY AUTHORITY to implement the detour; and 2) 14 days in advance of the actual starting date to allow the HIGHWAY AUTHORITY adequate time to provide and install appropriate signs on the detour. SECTION V. Work Notification. The COMPANY shall notify the DEPARTMENT and the HIGHWAY AUTHORITY's Contact Person no later than 14 days prior to the start of its work at the crossing. The HIGHWAY AUTHORITY shall be given ample opportunity to document the materials, equipment, and labor required to complete the project. The DEPARTMENT and HIGHWAY AUTHORITY shall have the right to inspect the project work at any time. The HIGHWAY AUTHORITY shall perform on-site inspection of the project work each day. SECTION VI. Project Completion. After the COMPANY has completed the required work, the COMPANY shall so notify the DEPARTMENT and the HIGHWAY AUTHORITY in writing or by email within 30 days of completion. The DEPARTMENT shall arrange an inspection with the HIGHWAY AUTHORITY, and the COMPANY in order for all parties to determine whether the project work has been completed in accordance with the terms of this Agreement or Amendments thereto. Pavement markings and stop lines shall be placed by the HIGHWAY AUTHORITY as required by Part 8 of the Manual on Uniform Traffic Control Devices for Streets and Highways. If the existing traffic control devices at a multiple -track highway -rail grade crossing become improperly placed or inaccurate because of removal of some of the tracks, the existing devices shall be relocated and/or modified at COMPANY expense pursuant to the Manual on Uniform Traffic Control Devices, Part 8. If the roadway is widened or relocated, the existing devices shall be relocated and/or modified at HIGHWAY AUTHORITY expense pursuant to the Manual On Uniform Traffic Control Devices, Part 8. Relocation of the traffic control devices will be completed prior to removal of the detour. When the work has been completed in accordance with the Agreement, the COMPANY, DEPARTMENT, and the HIGHWAY AUTHORITY shall sign a Certificate of Completion and Acceptance form at the project site following final inspection. SECTION VII. Reimbursable Costs. The COMPANY will keep an accurate and detailed account of actual and necessary reimbursable costs incurred under this Agreement. Replacement of existing sidewalk(s) and/or recreational trail(s), and subcontracted work costs shall be included in detail with the COMPANY billing. The cost of labor, material, all associated additives and subcontracted work costs are reimbursable, and shall be billed on a force account basis in accord with Title 23 Code of Federal Regulations, Part 140, Subpart I. Labor additives reimbursed are to be exclusive of indirect and overhead costs as elected by the DEPARTMENT and provided for by 23 CFR 140.907(a). The cost of preliminary project engineering, construction inspection, track inspection, relocation of existing signals, signal wires, and switches, or the construction of runarounds will not be eligible project reimbursable costs. Page 4 of 9 Page 223 of 303 Rr3 FRA No: 307122G SECTION VIII. Cost Sharing. The HIGHWAY AUTHORITY and COMPANY each shall pay twenty percent (20%) of the reimbursable costs defined in SECTION VH for work described in Exhibit "A". The DEPARTMENT will use the Grade Crossing Surface Repair Fund to reimburse the COMPANY for sixty percent (60%) of the total eligible costs for this project. The DEPARTMENT'S CERTIFICATE OF AUDIT shall establish eligible reimbursable project costs. SECTION IX. Progressive Payments. The COMPANY may submit accurate progressive bills to the DEPARTMENT for sixty percent (60%) of its material, labor and any subcontracted costs included in Exhibit "B", for each crossing location. The billing for material shall be for those materials that have been delivered to the project location or specifically purchased and delivered to the COMPANY for use on the project. The DEPARTMENT and HIGHWAY AUTHORITY may make progressive payments to the COMPANY for one -hundred percent (100%) of each party's billed participation, or the HIGHWAY AUTHORITY may elect to retain a percentage of their billed participation. SECTION X. Final Billing. If applicable, the HIGHWAY AUTHORITY will submit a detailed billing to the COMPANY for the actual sidewalk and/or recreational trail replacement costs. Upon completion of the project the COMPANY shall submit an accurate final and complete, itemized, electronic billing. Final bill shall include a detailed summary of all incurred costs. SECTION XI. Final Payment. The DEPARTMENT, upon receipt of the final bill and Certificate of Completion and Acceptance form, shall review, and forward the final bill to the DEPARTMENT'S Office of Audits for final audit. Reimbursement to the COMPANY shall be governed by the DEPARTMENT'S Certification of Audit. The DEPARTMENT shall make payment to the COMPANY equal to 60 percent (60%) of the final reimbursable amount, less previous payment. The COMPANY shall promptly reimburse the DEPARTMENT in the amount of any overpayments. The HIGHWAY AUTHORITY shall snake payment equal to 20 percent (20%) of the COMPANY final billing or the estimated cost noted on Exhibit "B" of the agreement, less previous payment, within 30 days of its receipt of the COMPANY final billing. In the event of overpayment by the HIGHWAY AUTHORITY as determined by the DEPARTMENT audit of COMPANY records, the COMPANY shall pay the HIGHWAY AUTHORITY the amount of overpayment within 30 days of its receipt of the DEPARTMENT final audit. SECTION XII. Maintenance and Abandonment. Upon completion of the project, the COMPANY shall maintain the crossing surface to provide a safe and sufficient crossing for vehicular travel. If the track is removed from both sides of the crossing, the COMPANY shall remove the surface material, rail and cross ties from the crossing and shall restore the roadway void to the satisfaction of the HIGHWAY AUTHORITY, all at COMPANY expense. If the existing traffic control devices at a multiple -track highway -rail grade crossing become improperly placed or inaccurate because of removal of some of the tracks, the existing devices shall be relocated and/or modified at COMPANY expense pursuant to the Manual on Uniform Traffic Control Devices, Part 8.. Future maintenance of the sidewalk(s) and detectable warning device will not be the responsibility of the COMPANY. SECTION XIII. Standard Title VI Assurances. The COMPANY shall comply with all applicable DEPARTMENT and Federal laws, rules (including the administrative rules adopted by the DEPARTMENT for the IPPP Program - 761 Iowa Administrative Code, chapter 201), ordinances, regulations, and orders. The COMPANY, and all agents of the COMPANY that participate in the project, shall also comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4, and all requirements imposed by or pursuant to Title 49, Code of Federal Regulation, Department of Transportation, Subtitle A, Office of the Secretary, Part 21 - to the end that Page 5 of 9 Page 224 of 303 Rr3 FRA No: 307122G no person in the United States shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity receiving financial assistance from the DEPARTMENT. SECTION XIV. Successor and Assigns. This agreement shall be binding upon all successors or assigns. The COMPANY shall provide written notice to the HIGHWAY AUTHORITY and the DEPARTMENT of any assignment of this Agreement. SECTION XV. Project Contact Persons. All notices and communications essential to complete the work required by this Agreement shall be made to the Contact Persons and the DEPARTMENT specified on the cover page of this Agreement. SECTION XVI. Integration and Amendment. This Agreement and its exhibits constitute the entire Agreement between the DEPARTMENT, the COMPANY, and the HIGHWAY AUTHORITY concerning this project. If the DEPARTMENT determines a substantial change is to be made in the project work described in Exhibit "A", the DEPARTMENT will furnish the written approval of the change. SECTION XVII. Termination Due to Lack of Funds. Notwithstanding anything in this Contract to the contrary, and subject to the limitations set forth below, the DEPARTMENT shall have the right to terminate this Contract without penalty and without any advance notice as a result of any of the following: 1. The federal government, legislature or governor fail in the sole opinion of the DEPARTMENT to appropriate funds sufficient to allow the DEPARTMENT to either meet its obligations under this Contract or to operate as required and to fulfill its obligations under this Contract; or 2. If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the DEPARTMENT to make any payment hereunder are insufficient or unavailable for any other reason as determined by the DEPARTMENT in its sole discretion; or 3. If the DEPARTMENT's authorization to conduct its business or engage in activities or operations related to the subject matter of this Contract is withdrawn or materially altered or modified. The DEPARTMENT shall provide the HIGHWAY AUTHORITY and COMPANY with written notice of termination pursuant to this section. The DEPARTMENT will pay the COMPANY for the DEPARTMENT share of the non -cancelable obligations allowable under the Agreement and properly incurred by the COMPANY prior to termination. SECTION XVIII. Merged Documents. This agreement may be executed and delivered in three or more counterparts, each of which so executed and delivered shall be deemed to be an original, and all shall constitute but one and the same instrument. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such judgment shall not affect the validity of any section, provision, or part thereof not found to be invalid or unconstitutional. Page 6 of 9 Page 225 of 303 Rr3 FRA No: 307122G IN WITNESS WHEREOF the COMPANY, the HIGHWAY AUTHORITY and the DEPARTMENT hereto have caused this Agreement to be executed by their duly authorized officers as of the dates indicated below. Executed by the COMPANY By: Executed by the HIGHWAY AUTHORITY By: Name Executed by the DEPARTMENT By: Date Date Stuart Anderson, Director Date Office of Rail Transportation Page 7 of 9 Page 226 of 303 A,Iowa Department of Transportation Form 040016 (04-11) EXHIBIT "A" - WORK STATEMENT Iowa Grade Crossing Surface Repair Fund and Federal -Aid Rail/Highway Crossing Surface Repair County Black Hawk Meeting Date: 10/27/2015 FRA No.: 307122G Highway Authority City of Waterloo RR Company: CN Location: East 4th Street Waterloo Street Name City Name 1. Crossing(s) Reconstructed A. COMPANY will reconstruct 3 crossings of 288 total feet that include 64 feet of Rubber surface material through the traveled roadway and 224 feet of Rubber surface material through the shoulder or sidewalk area. As a minimum, the crossing must extend beyond the edge of the traveled roadway and through the shoulder if not curbed. B. Existing rail weight through crossing(s) 115 2. Traffic Controls (check below) ❑ A highway runaround will be constructed to permit two-lane traffic during repair. El The highway will be closed for 7 days during repair. NOTE: The HIGHWAY AUTHORITY is responsible for placement and cost of barricades, signing, detours, detour damage, and runarounds. A. The COMPANY shall advise the HIGHWAY AUTHORITY Contact Person: 1). A minimum of sixty (60) days in advance of the approximate starting date to allow the HIGHWAY AUTHORITY to implement the detour. 2). Fourteen (14) days in advance of the actual starting date to allow the HIGHWAY AUTHORITY adequate time to provide and install appropriate signs on the detour. The COMPANY shall advise the STATE PROJECT INSPECTOR fourteen (14) days in advance of the actual starting date. 3. Track Elevation Relative to Existing Road Pavements (check below.) ❑ Tracks will be constructed to meet existing road grade. ❑ Roadway will be reconstructed to meet a proposed new track grade (roadway work is not covered by this Agreement.) ® Tracks will be elevated 1 inches above the adjacent roadway requiring a taper (complete item 4A and 4B.) In any event, the parties agree to provide a smooth crossing. 4. Roadway Work -- Must be sufficient to provide a smooth crossing. HIGHWAY AUTHORITY will coordinate and have approaches completed. Invoices will be sent to the COMPANY to be included in project costs. A. Taper Length (estimated) A 50 foot taper on the North side of the crossing and a 50 foot taper on the South side of the crossing, requires 85 of HMA material (estimated). Taper length should not exceed 25 feet for each inch of track raise. This work will be completed by (mark with an X): ❑ HIGHWAY AUTHORITY forces ® HIGHWAY AUTHORITY'S contractor Page 227 of 303 FRA No.: 307122G B. Track Opening in the Roadway (mark with an X) © Existing track opening will be maintained. • Track opening of 48 feet will be required involving the following described roadway modifications. 80 Est. HMA tonnage This work will be completed by (mark with an X): ❑ COMPANY forces ❑ HIGHWAY AUTHORITY forces ❑ COMPANY contractor ® HIGHWAY AUTHORITY'S contractor 5. Existing Sidewalk(s) and/or Recreational Trail replacement by HIGHWAY AUTHORITY The quadrants requiring upgrades to meet ADA requirements (mark with an X): Sidewalk (5' width required) * Rec Trail (10' width) ® NE 16 (feet) E SE 16 (feet) ❑ NE (feet) ❑ SE (feet) • NW 16 (feet) ® SW 16 (feet) ❑ NW (feet) ❑ SE (feet) * Recreational trail footage will be doubled because we use the sidewalk 5' width cost for reimbursement. This work will be completed by (made with an X). ❑ HIGHWAY AUTHORITY forces ® HIGHWAY AUTHORITY's contractor 6. Crossing(s) Permanently Retired and Removed A. COMPANY will retire and remove crossing(s). B. Voids in pavement will be filled with material requiring (units). This work will be completed by (mark tii'ith an X). O COMPANY forces ❑ HIGHWAY AUTHORITY forces ❑ COMPANY'S contractor D HIGHWAY AUTHORITY's contractor 7. Drainage (mark with an A. ❑ Present drainage is adequate. B. 0 Drainage work required. Specify work to include materials and outlet. C. E Clean all four (4) quadrants for good surface drainage. 8. Additional Construction and Traffic Control Conditions; i.e., Road Closure Limitations - Construction at this crossing included with this project, and not described above. Only ACC or PCC will be placed one (1) foot from the railroad surface material. All three (3) tracks will be at the same elevation at completion of project. 9. Attendees The following attendees agree on all items of this work statement. This work statement will be included as part of the executed agreement. Railroad Representative: Highway Authority Representative: Harlan Arians Jeff Bales Name Name State Project Manager: Additional Attendees: Travis Tinken 515-239-1876 (office phone) 515-290-5055 (cell phone) Page 228 of 303 Operations Special Capital Project Estimate RENEW & UPGRADE EAST 4TH STREET DOT# 307122G Location: Company Name: Subdivision Name: Mile Post: State: Survey Network Number: Track Network Number: Signal Network Number: Buy American Certification Required? Agency: Labor Additive Type: WATERLOO Chicago, Central & Pacific Railroad Company WATERLOO 275.95 IA Yes Iowa MOW DOT Agency/CN Approved Southern Region Design Construction Homewood, IL Labor Material Other Total Capital Cost PW Material Donation TOTAL PROJECT COST 5105,444 $196,069 592,610 $394,123 $0 -$315,298 $78,825 Created By: Revised By: Created Date: Date Revised: March 10, 2017 Status: Description GANG SIZE DAYS MANDAYS PRICE TOTAL LABOR 1 Unload/Distribute Material Construct Track Surfacing Welding Install Crossings S&C Labor Remove STARTRAK II conc xings 3 5 3 2 7 6 7 4 6 3 3 3 3 3 12 30 9 6 21 18 21 $330 $330 $330 $330 5330 $330 $330 $3,960 $9,900 $2,970 $1,980 $6,930 $5,940 $6,930 1 TOTAL DIRECT LABOR MD: 117 538,610 Description TOTAL MATERIAL New Rail Field Welding Track Spikes Rail Anchors Tie Plates Minor OTM Track Ties Ballast Crossing Materials Signal & Communications Material Subtotal New / Capitalized Material 1 $21,759 52,015 $354 51,956 $16,945 $31,832 $28,665 58,565 $71,461 $3,180 $186,732 I TOTAL DIRECT MATERIAL $186,732 Description UM QTY PRICE TOTAL OTHER 1 Engineering Real Estate Grading Contractor Track Construction Utilities Signal and Communications Bridge & Structures Hauling/Disposal Total Engineering Total Real Estate Total Grading Holland Flash Butt Welds Install Pavement Remove Pavement Total Contractor Track Construction Total Utilities Total Signal and Communications Total Bridge & Structures Offsite Disposal of Debris 1 of 3 EA TON TON LS 6 155 155 $395 $258 $31 1 $5,000 I $0 $0 so $2,370 $39,990 $4,805 $47,165 $0 $0 $0 $5,000 Page 229 of 303 -$315,298 1 Miscellaneous 'TOTAL OTHER Operations Special Capital Project Estimate RENEW & UPGRADE EAST 4TH STREET DOT# 307122G Total Hauling/Disposal Per Diem (BMWE Labor) Contingency Rental Equipment Total Miscellaneous Southern Region Design Construction Homewood, IL $5,000 MD 99 $87 $8,613 SUM 5% $186,222 $9,312 SUM 1 $20,000 $20,000 540.445 $92,610 1 Description ADDITIVES UM QTY PRICE TOTAL Labor Capitalized Surcharges Material Capitalized Surcharges 'TOTAL ADDITIVES USD $38,610 173.10% USD $186,732 5.00% $66,834 59.337 'DONATION Donation $76,171 1 1 Amount TOTAL $315,298 -5315.298 I TOTAL DONATION TOTAL CAPITAL COST TOTAL NON -CAPITALIZED COST (PW MATERIALS) TOTAL DONATION TOTAL PROJECT COST $394,123 so -$315,298 $78,825 2 of 3 Page 230 of 303 Operations Special Capital RENEW & UPGRADE EAST 4TH Project Estimate STREET DOT# 307122G Southern Region Design Construction Homewood, IL 'MATERIAL FORECAST Material Description NEW RAIL FOR: State Tax 1 UM 1 QTY 1 Unit Price Total RAIL 115 LB ALL MANUF/METAL/PROCESS 6.00% FT 960 $18.59 $21,759 $3,964 Switch Tie 10 ft 6.00% TOTAL NEW RAIL $21,759 THERMITE KIT 115 # 6.00% EA 18 $105.59 $2,015 TRACK SPIKES TOTAL FIELD WELDING $2,015 SPIKE TRACK 5/81N X 61N AREMA 60 PER CAN 6.00% CAN 11 $26.35 $354 RAIL ANCHORS TOTAL TRACK SPIKES $354 ANCHOR RAIL 115# RE HD PLAN TS1313 6.00% EA 1,150 $1.39 $1,956 $3,964 Switch Tie 10 ft 6.00% TOTAL RAIL ANCHORS $1,956 PLATE TIE 7-1/21NX14IN 5-1/2 BASE TS501 PLATE TIE CAST 161N-5 1/21N BASE CLEATED 6.00% EA 98 $9.26 $1,106 6.00% EA 468 $27.76 $15,839 TOTAL TIE PLATES MINOR OTM $16,945 JOINT GLUED INS 115 FHH KEV 19' 6" RAIL TRANSITION 115# 19'6" OR 20' TS1110 SCREW SPIKE CMN STD 15/16 IN X 6 1/2 IN Clip, Pandrol, E2055, Galvn, 6.00% EA 12 $1,047.68 $15,326 6.00% EA 12 $578.45 $8,462 6.00% EA 1,872 $1.83 $4,173 6.00% EA 936 $3.39 $3,871 TOTAL MINOR OTM TRACK TIES $31,832 TIE TRACK 7" X 9" X 8' 6" #1 HWD TREATED 6.00% EA 49 $66.36 $3,964 Switch Tie 10 ft 6.00% EA 234 $86.59 $24,701 TOTAL TRACK TIES BALLAST $28,665 BALLAST - MAINLINE 6.00% TN 855 $9.45 $8,565 CROSSING MATERIALS TOTAL BALLAST $8,565 CROSSING RECYCLED RUBBER 115# 10' TIES 6.00% EA 288 $203.55 $71,461 Signals & Communications Materials TOTAL CROSSING MATERIALS $71,461 S&C MATERIALS (Per S&C Dept Estimate) 6.00% LS 1 $3,000.00 $3,180 3 of 3 TOTAL SIGNAL & COMMUNICATIONS $3,180 TOTAL MATERIAL $186,732 Page 231 of 303 RETAINAGE AGREEMENT This Retainage Agreement ("AGREEMENT") is made and entered into by and between the CITY OF WATERLOO IOWA and the CHICAGO, CENTRAL & PACIFIC RAILROAD COMPANY, effective as of the date of latest execution shown below: KNOWN ALL PERSONS BY THESE PRESENTS: WHEREAS, the City of Waterloo, Iowa (hereinafter referred to as HIGHWAY AUTHORITY) is a political subdivision organized and existing under the laws of the State of Iowa; that its official mailing address is 715 Mulberry Street, Waterloo, Iowa, 50701; and WHEREAS, the Chicago, Central & Pacific Railroad Company (hereinafter referred to as COMPANY) is a corporation organized and existing under the laws of the State of Delaware and duly authorized to conduct business in the State of Iowa; that it operates a common carrier service by railroad between points in Iowa and between points in other states; that its principal offices are located at 17641 South Ashland Avenue, Homewood, Illinois 60430-1345; and WHEREAS, the HIGHWAY AUTHORITY initiated the request to the State of Iowa to secure said State of Iowa safety funds to assist in the costs of upgrading and reconstructing the CROSSING to an enhanced surface. The HIGHWAY AUTHORITY and COMPANY may become parties to a separate agreement being provided by the State of Iowa pursuant to Iowa Code Chapter 327G and 761 Iowa Adminstrative Code, Chapter 821 to upgrade and reconstruct the at -grade crossing (hereinafter referred to as the CROSSING) located at the location where East 4th Street (DOT No. 307122G) crosses over the COMPANY tracks in Waterloo, Iowa, which is attached hereto as Exhibit A. WHEREAS, the HIGHWAY AUTHORITY and COMPANY are entering into this AGREEMENT for the purpose of simply clarifying the maximum amount of retainage that HIGHWAY AUTHORITY may elect to retain when making progressive payments to COMPANY as provided under Section IX of the aforesaid separate agreement attached hereto as Exhibit A. NOW, THEREFORE, in consideration of the stated premises and the mutual covenants and agreements of the parties as herein contained and for other valuable consideration flowing unto the parties, the receipt and sufficiency of which are hereby acknowledged, it is agreed as follows: 1. The HIGHWAY AUTHORITY shall promptly reimburse the COMPANY in amount not less than NINETY-SEVEN per cent (97%) of any amount progressively billed by COMPANY to HIGHWAY AUTHORITY covering the upgrade and Page 232 of 303 reconstruction of the CROSSING as aforementioned and provided for in Exhibit A. 2. The COMPANY shall agree to enter a separate tri -party agreement presented by the State of Iowa covering the upgrade and reconstruction of the CROSSING as aforementioned and provided for in Exhibit A.. It is agreed between the COMPANY and HIGHWAY AUTHORITY to incorporate by reference the "WHEREAS" clauses set forth above as if fully set forth herein, and each party agrees to be fully bound thereby. This AGREEMENT is binding upon all successors and assigns, and supersedes all other offers, negotiations, and agreements related to the PROJECT. Modifications to this AGREEMENT, and amendments or addenda thereto, must be agreed upon in writing by both parties and executed by both parties. IN WITNESS WHEREOF, the parties have executed this AGREEMENT after being duly authorized to do so. *.n Authorized by the Council of the City of Waterloo, Iowa, on the 94) day of FC.,b 20 11 , per Resolution dt311 —13 3 and executed by vrth n-l4-o,tt , the rL of the Lt.'1-A1 of o. �/l �-o acting by and on ehalf of City of Waterloo, Iowa, this the 24S -Th day of , 20 17. City of Waterloo BY: Title lu 1 , City of Waterloo ATTEST: Clerk, City of aterloo Approved by Tom L. Bourgonje, Regional Chief Engineer, of the Chicago, Central & Pacific Railroad Company, this the 30 day of March, 20/ BY: 4 Regional Cs'-fEs (neer 2 Page 233 of 303 CITY OF WATERLOO Council Communication Resolution awarding bid in the amount of $117,794.65 to Pritchard Auto Company of Britt, Iowa, for One (1) service truck for the Sewer Department. City Council Meeting: 4/24/2017 Prepared: 4/19/2017 REVIEWERS: Department Traffic Operations SUBJECT: Submitted by: Recommended Action: Summary Statement: Expenditure Required: Source of Funds: Background Information: Reviewer Even, LeAnn Action Approved D ate 4/19/2017 - 3:24 PM Resolution awarding bid in the amount of $117,794.65 to Pritchard Auto Company of Britt, Iowa, for One (1) service truck for the Sewer Department. Submitted By:Sandie Greco, Interim Public Works Director Recommend Approval Service vehicle to provide mobile applications for maintenance operations both inside the plant operations as well as on -street requirements. Vehicle will provide full maintenance capability, with on -board systems including welding, crane, generator, air compressor as well as basic tool storage. Estimate: $115,000.00 520-14-5200-2117 Department has been in need of a mobile maintenance vehicle to handle maintenance requirements within plant on on -road applications such as lift stations, etc. This expense was identified and budgeted for in the current Department Operational Budget. Page 234 of 303 CITY OF WATERLOO Council Communication Resolution approving award of hotel/motel tax council discretionary funds to Aspire Therapeutic Riding Program in the amount of $7,500, Cedar Valley SportsPlex 2016 Marketing Campaign in the amount of $11,000, and Union Baptist Crusaders Drill Team in the amount of $5,000. City Council Meeting: 4/24/2017 Prepared: 4/19/2017 REVIEWERS: Department Reviewer Action Date Finance Weidner, Michelle Approved 4/19/2017 - 3:50 PM Clerk Office Even, LeAnn Approved 4/19/2017 - 3:57 PM ATTACHMENTS: Description Type D Hotel Motel Discr April 11 2017 Council Comm Cover Memo D Hotel Motel Discr Fund Award History Cover Memo D Bosnian Cultural Assn App Cover Memo a Waterloo Homecoming Assn App Cover Memo a Main Street App Cover Memo D Leisure Services Golf Marketing App Cover Memo ❑ North End Cultural Center App Cover Memo ❑ ASPIRE Therapeutic Riding Program App Cover Memo a Waterloo Police Dept App Cover Memo SUBJECT: Resolution approving award of hotel/motel tax council discretionary funds to the Bosnian Cultural Foundation in the amount of $10,000, the Waterloo Homecoming Association in the amount of $10,000, Main Street Waterloo in the amount of $10,000, Leisure Services Golf in the amount of $10,000, North End Cultural Center in the amount of $5,000, Aspire Therapeutic Riding Program in the amount of $8,000, and the Waterloo Police Department in the amount of $30,000. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Recommended Action: Funding Recommendations: Bosnian Cultural Foundation - 2017 Krajiski Teferic Event $10,000 Waterloo Homecoming Association - 2017 Homecoming 10,000 Main Street Waterloo - Organizational Support 10,000 Leisure S ervic es Marketing C amp aign 10,000 North End Cultural Center - Arts & Music Fest 5,000 Page 235 of 303 Summary Aspire - Night of the Horse $8,000 Statement: Waterloo Police Department - Uniformed Presence at Community Events 30.000 Total $83,000 Please note that the request from the Bosnian Cultural Foundation is a first-time award. The award history for discretionary hotelmotel tax awards is included for your reference. Expenditure Required: Source of Funds: These requests total $83,000 from council discretionary hotelmotel tax funds. HotelMotel Tax Discretionary Funds. The current available balance for FYE2017 is $97,747.35 as of March 31, 2017. The award history for discretionary hotelmotel tax awards is included for your reference. Page 236 of 303 Mayor QUENTIN HART COUNCIL MEMBERS TOM POWERS Ward 1 BRUCE JACOBS Ward 2 PATRICK MORRISSEY Ward 3 JEROME AMOS, JR. Ward 4 RON WELPER Ward 5 TOM LIND At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: Submitted by: April 24, 2017 April 19, 2017 7 Applications, Award History Hotel/Motel Discretionary Grant Applications Michelle Weidner, CFO Recommended Action: Approve the award of hotel/motel discretionary funds to the following entities: Summary Statement — Committee Funding Recommendations: FYE2017 Funds: 1. Bosnian Cultural Foundation - 2017 Krajiski Teferic Event 2. Waterloo Homecoming Association — 2017 Homecoming 3. Main Street Waterloo — Organizational Support 4. Leisure Services Golf — 2017 Marketing Campaign 5. North End Cultural Center — Arts & Music Fest 6. ASPIRE Therapeutic Riding Program — Night of The Horse 9/17 7. Waterloo Police Dept. - Uniformed Presence at Community Events Total $10,000 $10,000 $10,000 $10,000 $ 5,000 $ 8,000 $30,000 $ 83,000 Please note that the Bosnian Cultural Association is a first-time award. The award history for discretionary hotel/motel tax awards is included for your reference. Expenditure Required: $83,000 Source of Funds: Hotel/Motel Tax Discretionary Funds. The current available balance for FYE2017 is $97,747.35. The award history for discretionary hotel/motel tax awards is included for your reference. Policy Issue: Alternative: Background Information: N/A N/A N/A WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 237 of 303 COUNCIL DISCRETIONARY REVENUE Annual Awards FY 1996 OVERAGE 540,600.95 - 500,000.00 = 40,600.95 x .50 = 20,300.47 20, 300.47 FY 1997 OVERAGE FY 1998 OVERAGE FY 1999 OVERAGE 577,784.25 - 500,000.00 = 77,784.25 X .50 = 38,892.13 618,616.00 - 500,000.00 = 118,616.00 X .50 = 59,308.00 643,399.03 - 500,000.00 = 143,399.03 X .50 = 71,212.51 38,892.13 59,308.00 71,212.51 FY 2000 OVERAGE 698,005.93 - 500,000.00 = 198,005.93 X .50 = 99,002.97 FY 2001 OVERAGE 751,044.68 - 500,000.00 = 251,044.68 X .50 = 125,522.34 99,002.97 125,522.34 FY 2002 OVERAGE 668,079.02 - 500,000.00 = 168,079.02 X .50 = 84,039.51 84,039.51 FY 2003 OVERAGE 707,338.05 - 500,000.00 = 207,338.05 X .50 =103,669.02 103,669.02 FY 2004 OVERAGE 704,352.53 - 643,046.78 = 61,305.76 61,305.75 FY 2005 OVERAGE 723,848.16 - 656,693.71 = 67,154.45 67,154.45 FY 2006 759,249.05 * 10% = 75,924.91 75,924.91 FY 2007 808,840.48 * 10% = 80,884.05 80,884.05 FY 2008 1,109,932.25 * 10% = 110,993.22 110,993.22 FY 2009 1,317,960.56 * 10% = 131,796.06 131,796.06 FY 2010 1,111,886,51 * 10%= 111,188.65 111,188.66 FY 2011 1,186,086.37 * 10% = 118,608.64 118,608.64 FY 2012 1,228,036.32 * 10% =122,803.64 122,803.64 FY 2013 1,231,187.86 * 10% = 123,118.79 123,118.79 FY 2014 1,188,080.53 * 10% =118,808.04 118,808.04 FY 2015 1,204,319.76 * 10% =120,431.97 120,431.97 FY 2016 1,252,227.48 * 10% = 125,222.75 125,222.75 )SCRETIONAKrREVENUE twalAecEIVED # 25294 06/23/97 GROUT MUSEUM 12,500.00 # 28475 01/02/97 FIREWORKS 3,000.00 # 30316 11/24)97 PASS STADIUM 25,000.00 06/15/98 WATERLOOS OF THE WORLD 13,695.00 # 49802 07/15/99 CINDY WELLS - BELGIUM 690.00 # 49464 07/19/99 IOWA GOLF ASSOCIATION 15,000.00 # 51580 07/19/99 FIREWORKS # 53154 10/29/99 MARKIN CONSULTANT - GREYHOUND TRACK RACE 5,000.00 2,500.00 # 56369 02/11/00 MARKIN CONSULTANT - GREYHOUND TRACK RACE 11,500.00 # 57178 03/06/00 THE SPORT'S .MANAGEMENT GROUP # 60570 06/26/00 MAIN STREET - FIREWORKS 4,650.00 RES # 789 FY 2000 VARIOUS CITY DEPARTMENTS (ARTS & CULTURAL) 1,000.00 137,409.72 RES # 131 03/13/00 WATERLOO COMMUNITY PLAYHOUSE 7,000.00 RES # 131 03/13/00 WATERLOO MUSEUM OF ARTS 2,000.00 RES # 131 03/13/00 WATERLOO / CEDAR FALLS SYMPHONY 10,000.00 RES # 131 03/13/00 HARTMAN RESERVE 5,000.00 RES # 2001-092 03/12/01 FESTIVAL OF IOWA FOLKLIFE 10,000.00 RES # 2001-092 03/12/01 FIVE SULLIVANS CENTER (MAINTENANCE PERSON) 12,500.00 RES # 2001-196 05/07/01 LOST ISLAND ADVENTURE PARK RES # 2001-294 06/11/01 WLOO JAYCEES/MAIN STREET - FIREWORKS 19,159.07 5,000.00 RES # 2001-095 03/14/01 FIVE SULLIVANS CENTER (MAINTENANCE PERSON) 1,532.74 RES # 2001-357 07(09/01 FIVE SULLIVANS CENTER (MAINTENANCE PERSON) 5,343.31 RES # 2001-370 07/16/01 MULTI-COMPONENT DOWNTOWN ART PROGRAM 37,000.00 RES # 2001-388 07/23/01 MUNICIPAL BAND 20,000.00 RES # 2001-454 08/20/01 REICHERT CELEBRATION HORSE SHOW 1,500.00 RES # 2001-669 12/10/01 FIVE SULLIVANS CENTER (MAINTENANCE MANL 1,054.74 RES # 2002-010 01/07/02 DOWNTOWN LIGHTS THE NIGHT PARADE (MAIN ST) 5,000.00 RES # 2002-173 03/28/02 IOWA OPEN 25,000.00 RES # 2002-173 03/28/02 STREET FLAGS 5,000.00 RES # 2002-173 03/28/02 METROPOLITAN TENNIS ASSOCIATION 5,000.00 RES # 2002-173 03/28/02 WATERLOO MUNICIPAL BAND (FYE03 BUDGET) 20,000.00 RES # 2002-560 09/16/02 GROUT MUSEUM 20,000.00 RES # 2002-560 09/16/02 WATERLOO COMMUNITY PLAYHOUSE 13,000.00 RES # 2002-560 09(16/02 NATIONAL CATTLE CONGRESS RES # 2002-560 09/16/02 WATERLOO JAYCEES - DOWNTOWN FIREWORKS 13,000.00 RES # 2002-560 09/16/02 WATERLOO JAYCEES - WATERLOO OPEN 3,000.00 10,000.00 RES # 2003-525 08/04/03 WATERLOO AIRPORT - TRAVEL LEAKAGE STUDY 3,500.00 RES # 2003-252 04/14/03 WATERLOO MUNICIPAL BAND (FYE04 BUDGET) 21,000.00 RES # 2003-252 04/14/03 GROUT MUSEUM 6,000.00 RES # 2003-175 03/17/03 ADDL HOTEL/MOTEL TAX GRANT AWARDS (FYE04) 700.00 RES # 2003-716 10/20/03 AIRPORT JET SERVICE MARKETING CAMPAIGN 6,000.00 Prepared by The Finance Department 15,500.00 38,695.00 201,749.72 48,191.81 124,898.05 59,000.00 31,200.00 Page 2,38 of 303 COUNCIL DISCRETIONARY REVENUE Annual Awards RES # 2003-727 10127/03 5 SULLIVAN BROTHERS GRAND RE -OPENING RES # 2004- 75 02/16104 WATERLOO JAYCEES - 2004 DOWNTOWN FIREWORKS RES # 2004- 75 02/16/04 WATERLOO JAYCEES - 2004 WATERLOO OPEN RES # 2004- 75 02/16/04 WATERLOO YOUTH HOCKEY ASSOCIATION 3,177.57 3,000.00 8,000.00 0.00 RES # 2004- 75 02/16/04 WATERLOO POLICE DEPARTMENT 10,000.00 RES # 2004- 75 02/16/04 NATIONAL CATTLE CONGRESS 18,000.00 RES # 2004- 75 02/16/04 WATERLOO COMMUNITY PLAYHOUSE RES # 2004- 75 02/16/04 RES # 2004- 75 02/16/04 FOLKLIFE FESTIVAL (CENTER FOR THE ARTS) REICHERT PLEASURE HORSE CELEBRATION 15,000.00 0.00 0.00 RES # 2004-106 03/01/04 FYE04 RESERVE ALLOCATION RES # 2004-247 04/19/04 AIRPORT GRAND RE -OPENING - 2ND JET MKTG 30,000.00 5,000.00 RES # 2004-345 05/24/04 150TH ANNIVERSARY CELEBRATION 257.91 RES # 2004-106 03/01/04 RES # 2004-495 07/26/04 FYE05 RESERVE ALLOCATION 30,000.00 RES # 2004-495 07/26/04 WATERLOO MUNICIPAL BAND (FYE05 BUDGET) MAIN STREET - FLOWER WATERING 22,275.00 RES # 2004-495 07/26/04 WATERLOO EXCHANGE CLUB - HEALING FIELDS RES # 2004-688 10/04/04 GROUT MUSEUM - MARKETING RES # 2005- 57 01/24/05 EXPO HIGH SCHOOL INTL LEARNING CONFERENCE 3,000.00 2,000.00 4,400.00 RES # 2005-114 02/07/05 MIDWEST WORLD FEST ARTIST RESIDENCIES 1,000.00 5,000.00 RES # 2005-770 08/15/05 RES # 2005-770 08/15/05 WATERLOO MUNICIPAL BAND (FYE06 BUDGET) AIRPORT MARKETING 22,725.00 2,500.00 RES # 2005-885 09/26/05 GROUT MUSEUM - MARKETING RES # 2006-181 03/06/06 DAN GABLE WRESTLING MUSEUM 8,000.00 0.00 RES # 2006-626 07/24/06 WATERLOO MUNICIPAL BAND (FYE07 BUDGET) 22,725.00 RES # 2006-871 10/02/06 DAN GABLE WRESTLING MUSEUM 10,000.00 RES # 2006-1059 12/04/06 WATERLOO POLICE DEPARTMENT 31,000.00 RES # 2006-1059 12/04/06 WATERLOO CENTER FOR THE ARTS RES # 2007-0029 01/08/07 NWCA NATL DUALS WRESTLING MEET 17,000.00 RES # 2007-0474 06/11/07 THE COURIER - AD WELCOMING ISLE 3,000.00 480.00 RES # 2007- 651 08/06/07 WATERLOO MUNICIPAL BAND (FYE08 BUDGET) 22,725.00 RES # 2007- 716 08/20/07 WATERLOO POLICE DEPARTMENT 25,000.00 RES # 2007- 716 08/20/07 WATERLOO SOFTBALL ASSOCATION 4,000.00 RES # 2007- 716 08/20/07 WATERLOO EXCHANGE CLUB - HEALING FIELDS 3,000.00 RES # 2008-134 02/18/08 WATERLOO POLICE DEPARTMENT 16,200.00 RES # 2008- 613 07/14/08 MAIN STREET BBQ'LOO 8,000.00 RES # 2008- 639 07/28/08 WATERLOO MUNICIPAL BAND (FYE09 BUDGET) 22,275.00 RES # 2008- 843 09/22/08 EXPO BUSINESS PLAN 5,000.00 RES # 2008- 843 09122/08 WATERLOO ANEW MARKETING BROCHURE 9,930.42 RES # 2008- 843 09/22/08 WLOO POLICE DEPT EVENT OVERTIME 30,684.00 RES # 2008- 843 09/22/08 WAYFINDING DESIGN - VANDEWALLE 12,383.24 RES # 2008- 843 09/22/08 PHELPS YOUTH PAVILION MARKETING 14,700.00 RES # 2008- 843 09/22/08 DAN GABLE WRESTLING MUSEUM 4,000.00 RES # 2008- 843 09/22/08 FIRE DEPT EVENT OVERTIME 3,000.00 RES # 2008- 843 09/22/08 HAIRSTYLISTS FLOOD VICTIM FUNDRAISING EVENT 800.00 RES # 2008- 843 09/22/08 GROUT MUSEUM FOR GRAND OPENING RES # 2008- 843 09/22/08 ELECTRIC PARK MARQUEE - CANCELLED 7,000.00 0.00 RES # 2008- 843 09/22/08 CEDAR VALLEY SPORTS & ENTERTAINMENT 1,200.00 RES # 2009- 295 04/06/09 GOLF ON MEDIA TV AD CAMPAIGN 7,200.00 RES # 2009- 433 05/11/09 WESCO - START-UP CASH 20,000.00 RES # 2009- 658 07/06/09 FIRE DEPT IRISH FEST OVERTIME RES # 2009- 797 08(10/09 WATERLOO MUNICIPAL BAND (FYE2010) 2,000.00 22,275.00 RES # 2009- 843 08/24/09 NATIONAL CATTLE CONGRESS -ID READERS 2,385.00 RES # 2009-1233 12/21/09 YOUTH PAVILION MARKETING 25,091.00 RES # 2010- 091 02/15110 CEDAR VALLEY TECHWORKS - AGRI-TECH 5,000.00 RES # 2010- 323 05/03/10 WLOO POLICE DEPT EVENT OVERTIME 30,000.00 RES # 2010- 323 05/03/10 WATERLOO MUNICIPAL BAND (FYE11 BUDGET) 20,000.00 RES # 2010- 323 05/03/10 GOLF TV ADVERTISING CAMPAIGN (FYE11 BUDGET) 5,000.00 RES # 2010- 323 05/03/10 LOU HENRY HOOVER SCULPTURE GARDEN 15,000.00 RES # 2010- 323 05/03/10 UNITED SISTERS OF BHC 6,000.00 RES # 2010- 323 05/03/10 FRIENDS OF NATIONAL CATTLE CONGRESS RES # 2010- 323 05(03/10 WATERLOO COMMUNITY PLAYHOUSE 5,000.00 688.23 RES # 2010- 323 05/03/10 GROUT MUSEUM 10,000.00 RES # 2010- 649 07/26/10 WATERLOO FIRE RESCUE RES # 2010- 683 08/02/10 RES # 2010- 940 10/18/10- MAIN 0/18/10 MAIN STREET (on behalf of Public Market) 5,000.00 5,000.00 CV SPORTS & ENTERTAINMENT COMMISSION 2,000.00 RES # 2010- 940 10/18/10 AIRPORT MARKETING 4,800.00 RES # 2010- 997 11/08/10 GROUT MUSEUM 8,000.00 Prepared by The Finance Department 128,435.48 37,675.00 33,225.00 84,205.00 70,925.00 146,172.66 148,439.23 Page 2 9 of 303 COUNCIL DISCRETIONARY REVENUE Annual Awards RES # 2011- 247 04/04/11 WATERLOO COMMUNITY PLAYHOUSE 1,736.38 RES # 2011- 247 04/04/11 UNITED SISTERS OF BHC 5,000.00 RES #2011- 247 04/04/11 KIWANIS CLUB -AIR SHOW 10,000.00 RES # 2011- 247 04/04/11 WATERLOO HOMECOMING ASSOCIATION 6,000.00 RES # 2011- 248 04/04/11 WATERLOO MUNICIPAL BAND (FYE12 BUDGET) 21,023.40 RES # 2011- 428 05/16/11 WATERLOO COMMUNITY PLAYHOUSE 1,000.00 RES # 2011- 428 05116/11 KOINONIA MINISTRIES YOUTH SUMMIT 2011 4,000.00 RES # 2011- 428 05/16/11 WATERLOO CULTURAL & ARTS BAHAMAS EXHIBIT/CONF 5,500.00 RES # 2011- 428 05/16/11 WATERLOO POLICE DEPT EVENT OVERTIME 10,000.00 RES # 2011- 990 10/10/11 WATERLOO CULTURAL & ARTS MARKETING 10,000.00 RES # 2011- 990 10/10/11 WATERLOO LEISURE SERVICES GOLF MARKETING 5,400.00 RES # 2011- 990 10/10/11 AIRPORT MARKETING 7,000.00 RES # 2011-1075 11/14/11 PUBLIC MARKET GRANT TRANSFER TO LEISURE 5,000.00 RES # 2012-142 RES # 2012- 473 02/13/12 RES # 2012-142 02/13/12 C&A - AMPHITHEATER MARKETING (TRANSFER to RAI) 30,000.00 LEISURE SERVICES - SPORTSPLEX MARKETING 10,000.00 RES # 2012-142 02/13/12 POLICE - EVENT OVERTIME 20,000.00 RES # 2012-143 02/13/12 RES # 2012- 545 06/04/12 WATERLOO MUNICIPAL BAND (FYE13 BUDGET) 20,000.00 RES # 2012- 545 06/04/12 NORTH END ARTS & MUSIC FEST 5,000.00 ASPIRE THERAPEUTIC RIDING PROGRAM 4,000.00 RES # 2012- 871 08/27/12 PURCHASE DUNSMOOR HOUSE 35,279.00 RES # 2013- 199 03/18/13 GROUT MUSEUM DISTRICT 500.00 RES # 2013-199 03/18/13 WATERLOO MUNICIPAL BAND (FYE2014 BUDGET) 20,000.00 RES # 2013-199 03/18/13 CEDAR VALLEY SPORTS & ENTERTAINMENT COMM 2,000.00 RES # 2013-199 03/18/13 WATERLOO HOMECOMING ASSOCIATION 8,000.00 RES # 2013-199 03/18/13 NORTH END CULTURAL CENTER 5,000.00 RES # 2013- 199 03/18/13 LEISURE SERVICES - GOLF ADVERTISING 6,000.00 RES # 2013- 462 06/03/13 ASPIRE THERAPEUTIC RIDING PROGRAM 6,500.00 RES # 2013- 462 06/03/13 POLICE - FYI3 EVENT OVERTIME 25,000.00 RES # 2013- 734 09/03/13 SPECK WALKABLE COMMUNITIES EVENT 2,666.00 RES # 2013- 877 10/28/13 MAIN STREET WATERLOO 6,000.00 RES # 2013- 877 10/28/13 SOCIAL ACTION, INC. 10,000.00 RES # 2013- 877 10/28/13 RES # 2014- 177 03/10/14 RES # 2014-177 03/10/14 POLICE - FY14 EVENT OVERTIME 25,000.00 KIWANIS CLUB OF WATERLOO - AIR SHOW 15,000.00 NORTH END CULTURAL CENTER 5,000.00 RES # 2014- 301 04/28/14 WATERLOO MUNICIPAL BAND (FYE2015 BUDGET) 20,000.00 RES # 2014- 301 04/28/14 ASPIRE THERAPEUTIC RIDING PROGRAM 7,000.00 RES # 2014- 301 04/28/14 LEISURE SERVICES - GOLF ADVERTISING 9,000.00 RES # 2014- 301 04/28/14 GROUT MUSEUM DISTRICT - TOUR OF MY TOWN 0.00 RES # 2014- 725 08/18/14 CEDAR VALLEY SPORTSPLEX MARKETING 10,000.00 RES # 2014- 815 09/15/14 POLICE - FYI5 EVENT OVERTIME 25,000.00 RES # 2014- 815 09/15/14 YWCA WEEK WITHOUT VIOLENCE 1,000.00 RES # 2015- 239 04/06/15 WATERLOO HOMECOMING ASSOCIATION 10,000.00 RES # 2015- 239 04/06/15 LEISURE SERVICES - GOLF ADVERTISING 9,000.00 RES # 2015- 239 04/06/15 NORTH END CULTURAL CENTER 5,000.00 RES # 2015- 239 04/06/15 SOCIAL ACTION, INC. 10,000.00 RES # 2015- 239 04/06/15 WATERLOO MUNICIPAL BAND (FYE2016 BUDGET) 20,000.00 RES # 2015- 239 04/06/15 RIVERLOOP ASSOCIATION, INC. 10,500.00 RES # 2015- 531 06/29/15 GROUT MUSEUM - VIETNAM VETS EXHIBIT 10,000.00 RES # 2015- 583 07/20/15 CEDAR VALLEY SPORTSPLEX MARKETING 10,000.00 RES # 2015- 583 07/20/15 ASPIRE THERAPEUTIC RIDING PROGRAM 7,000.00 RES # 2015- 790 09/28/15 LEISURE SERVICES - RIVERFRONT STADIUM VIDEO BOA 10,000.00 RES # 2015- 790 09/28/15 POLICE - FYE16 EVENT OVERTIME 41,000.00 RES # 2016- 91 02/01/16 MAIN STREET 10,000.00 RES #2016-91 RES #2016-313 02/01/16 WATERLOO MUNICIPAL BAND (FYE2017 BUDGET) 04/25/16 NORTH END ARTS & MUSIC FEST 20,000.00 RES # 2016- 313 04/25/16 2,323:80 LEISURE SERVICES - GOLF ADVERTISING 9,000.00 RES # 2016- 313 04/25/16 RIVERLOOP ASSOCIATION, INC. 17,400.00 RES # 2016- 313 04/25/16 JESSE COSBY CENTER YOUTH EMPLOYMENT PROG 5,000.00 RES # 2016- 661 08/15/16 ASPIRE THERAPEUTIC RIDING PROGRAM 7,500.00 RES # 2016- 661 08/15/16 CEDAR VALLEY SPORTSPLEX MARKETING FY17 11,000.00 RES # 2016- 661 08/15/16 UNION BAPTIST CRUSADERS DRILL TEAM 5,000.00 RES # 2016- 962 12/12/16 FRIENDS OF HARTMAN RESERVE 25,000.00 TO Prepared by The Finance Department ,,`E..E TIONARY 97,747 5 89,059.78 116,400.00 108,279.00 99,666.00 110,500.00 131,723.80 48,500.00 272' Pale 240 of 303 December 12, 2016 City of Waterloo - Finance Department City Hall, 715 Mulberry Street Waterloo, IA. 50701 Dear Waterloo Officials, Enclosed is the Bosnian Cultural Foundation's application for 2017 Hotel -Motel Tax funds in support of our 2017 Waterloo Krajiski Teferic. We are excited to be hosting this wonderful event and being able to welcome the citizens of Waterloo to join us in our celebration, We are applying for the grant under the Waterloo Riverloop Association. The person that was responsible for submitting annual IRS 990 Forms did not file anything since 2007 and we are now out of compliance with the Internal Revenue Service, We are in the process of getting our 501 (C) 3 re- instated. We look forward to having the opportunity to working with you again on making Waterloo's Teferic one of the premier events in Waterloo and Iowa. Please don't hesitate to contact me if you need any further information regarding our request. Thank you for your consideration, Sincerely, Zulfeta Rizvic Bosnian Cultural Foundation 1446 E. Ridgeway Ave., W'loo (319) 404-1429 Page 241 of 303 Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned: 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Bosnian Cultural Foundation, Inc. Name of facility/project 20th Annual Krajiski Teferic (Bosnian -American Festival) Contact person Zulfeta Rizvic Email Address of organization or person completing application: Street 1446 E, Ridgeway Ave. City Waterloo State _IA Zip _50702 Phone (319) 404-1429 Fax: none 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. Every year in the month of August there is a national festival and assembly of people from Bosnia that currently reside in the United States and Canada. This event is known as Krajiski Teferic, and it has been held annually for the past 19 years. The first Teferic was held in 1997 in Chicago, and the festival's location rotates each year to various cities around the Midwest, including St. Louis, Detroit, Ft. Wayne, Indiana, and Waterloo, Iowa. Most of the participants in the event are from the westernmost region of Bosnia called Bosna Krajina. The event consists largely of cultural and sports activities whose Page 242 of 303 intention is to try and preserve Bosnian culture as well as present the Bosnian culture to others. On average, there are on average 10,000 — 20,000 participants who attend the event. While in past years attendees have mostly been Bosnian Americans, Kraiski Teferic is increasingly attracting attendees from other countries, especially Canada, as well as community members from outside the Bosnian diaspora. Teferic 2017 is planned to take place beginning August 17 through August 19. b) Please be specific how the grant monies will be used in the overall project. The Bosnian Cultural Foundation plans to use hotel -motel tax funds for secure honorariums for soccer and karate tournament referees ($2,250), to rent facilities at the Five Sullivan Brothers Convention Center and the Cedar Valley Soccer Complex ($6,600), and to print advertisements in the Waterloo -Cedar Falls Courier ($1,150). 3. What is the mission of your organization? The Bosnian Cultural Foundation is a Cedar Valley non-profit organization dedicated to the promotion and preservation of Bosnian and Bosnian American cultural practices and artifacts. We are particularly invested in the promotion of Bosnian cultural traditions among young people in the community because activities such as folk dance, music, language, and international travel offer positive experiences that contribute to a positive conception of personal and community identity. While our work remains primarily within the greater Cedar Valley, our continued dedication to preserving Bosnian traditions has allowed us to participate in festivals across the country and abroad. 4. How long has your organization been in existence? While initially founded in 2004, the Bosnian Cultural Foundation was established as a 501c non- profit organization in May of 2006. However, many of our members have been active in the preservation of Bosnian and Bosnian -American culture since as early as 1998. 5. How many staff members and/or volunteers are involved in this organization and the project? Our organization has two paid part-time employees, a 6 -member board of directors, and over 75 volunteers and participants in our club organizations. Page 243 of 303 6. Please indicate all the categories that your projects supports: X Category 1 — Supports tourism and heads on beds X Category 2 — Supports and assists community events X Category 3 — Brings people downtown X Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. Category 1 - Krajiski Teferic has a dedicated following of participants and attendees that come to the festival each year. The festival is an annual event that draws national attention and recognition, and people from all across the country, as well as internationally, make a concerted effort to attend. Because of the great success of previous Bosnian festivals in Waterloo, there is great anticipation for this upcoming event. Category 2 - We serve not only over 4,000 first- and second -generation Bosnian immigrants and refugees by helping to maintain links, both cultural and communicative, to their previous homeland, but we also strive to contribute to the cultural wellbeing of the greater Cedar Valley community through educational outreach, folkdance instruction, cultural preservation and archiving, and participation in many community -wide cultural festivals and fund-raisers. Our organization has three main areas of focus. First, the Bosnian Cultural Foundation proper strives to preserve the cultural legacy of the Cedar Valley Bosnian community through the creation of a cultural/oral history archive and promotes traditional practices and family life through community gatherings and festivals such as our monthly coffee parties for our older members, as well as the annual Bosnian Festival. Second, KUD Kolo, a youth - oriented Balkan traditional dance ensemble, founded in 2003, not only fosters an appreciation for traditional music and dance in our younger generation and performs all across the country and in Europe, but it also builds character, teaching young community members how to commit and actively participate in an activity greater than themselves. Finally, our club soccer team, KF Krajsnik, represents the Waterloo community in athletic events around the Midwest, and it provides an opportunity for young adults in the Cedar Valley to maintain physical fitness and engage in healthy social activities. Category 3 — Thursday, August 17, will be used to do pre -registration for both the sports and folklore events. Many groups will travel into Waterloo the day prior to when the event opens and we will want to make them welcome and provide them with the hospitality they expect when coming to a Teferic event. We will set up an Arrival Booth at the Five Sullivan Brothers that will provide information about eating establishments, maps of the area, and a schedule of events for the next several days. Friday, August 18, will be the official opening of the 2017 Krajiski Teferic in Waterloo. We will invite the mayor and other local dignitaries to attend and welcome the many visitors from throughout Iowa and the U.S. After the official opening, which will be held at the Cedar Valley Soccer Fields in Cedar Falls, the first rounds of the soccer tournament will commence. This will be the first time that we have dedicated two days for our soccer tournament. This will provide us a two day venue to get all the games played and have the final day of the tournament for the finals on Saturday. Friday will also be the first Page 244 of 303 day of the karate tournament. First round matches will be scheduled and as contestants are eliminated, winners will move up the ranks and eventually the finals will be set at each grade level for Saturday. On Friday evening, there will be dance performances by participating folk dance groups from throughout Iowa and around the United States at the Five Sullivan Brothers Convention Center. Around 150 participants will be performing the traditional dances from the Balkan countries. In addition to the dance groups, there will also be a short program by a folk music ensemble from the University of Illinois and traditional Balkan music performances by a Local children's chorus (50) and a senior chorus (25). A reservation -only dinner will be served after the dance troupes have performed. More music (singers, chorus, and others) will perform during the dinner. The evening will end with a recognition of those that have supported and helped to organize the event. Saturday, August 19, will be the last day of the 2011 Teferic event in Waterloo. This day will be the culmination of the sporting events, with the finals of the soccer and karate tournaments. The soccer program will start at 9:00 am. The day events will be held at the Cedar Valley Soccer Association Soccer Field in Cedar Falls. Soccer will be the main sports event and there are expected to be 6 soccer teams from local, state, and national clubs participating in the tournament. In the evening, there will be a final program and celebration at the Five Sullivan Brothers Convention Center to conclude the 20th Annual Krajiski Teferic in Waterloo. The program will include the presentation of trophies, medals, plaques, and other acknowledgements for all participants during the Teferic, as well as dancing and performances by local Bosnian popular music artists. At this program, there will also be displays and demonstrations of traditional Bosnian cultural and ethnic memorabilia. Bosnian singers and other musicians will perform during the course of the day. With the exception of the pre -reservation dinner, all festival events will be free and open to the public, and everyone is welcome to attend. Category 4 - We serve not only over 4,000 first- and second -generation Bosnian immigrants and refugees by helping to maintain links, both cultural and communicative, to their previous homeland, but we also strive to contribute to the cultural wellbeing of the greater Cedar Valley community through educational outreach, folkdance instruction, cultural preservation and archiving, and participation in many community -wide cultural festivals and fund-raisers. Our organization hos three main areas of focus. First, the Bosnian Cultural Foundation proper strives to preserve the cultural legacy of the Cedar Valley Bosnian community through the creation of a cultural/oral history archive and promotes traditional practices and family life through community gatherings and festivals such as our monthly coffee parties for our older members, as well as the annual Bosnian Festival. Second, KUD Kolo, a youth - oriented Balkan traditional dance ensemble, founded in 2003, not only fosters an appreciation for traditional music and dance in our younger generation and performs all across the country and in Europe, but it also builds character, teaching young community members how to commit and actively participate in an activity greater than themselves. Finally, our club soccer team, KF Krajsnik, represents the Waterloo community in athletic events around the Midwest, and it provides an opportunity for young adults in the Cedar Valley to maintain physical fitness and engage in healthy social activities. Page 245 of 303 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. Teferic is held in Waterloo every 5 years. We not only apply for Hotel -Motel Tax funding, but funding from the following entities: Guernsey Foundation Community Foundation of NE Iowa Iowa Department of Cultural Affairs Humanities lowa John Deere Foundation The Principal Foundation Tyson, Inc. We also seek donations from local and regional Bosnian businesses and the Bosnian community. 9. Give an estimate of how you plan to measure the success of the project. The Bosnian Cultural Foundation expects to have a well -organized, well thought out event, where the people who attend will be able to enjoy themselves and have an opportunity to recapture some of the feelings from our old lives in Bosnia. We hope that people who participate in the tournaments and dance groups will enjoy having the opportunity to share their talents and hard work with a national community of Bosnian -Americans. The activities planned for this event promote good character and interaction with caring, committed adults. All children must maintain their schoolwork (C average work) in order to participate in activities (dance, soccer, or karate). These activities keep the children busy and learning (many activities like dancing have direct relevance to math and science skills). They also learn to be responsible, to problem solve, how to work with others, team building skills, relationship skills, and how to present themselves in a public forum (positive self-esteem and self-image). Moreover, we will specifically measure the success of this project by asking attendees and participants to fill out a short evaluation at the Saturday evening event. We will compile this information and use it to assist us with planning future events. 10. Describe specifically how the proposed project will be marketed. Because there is not a local Bosnian radio, television station, or newspaper, most of our marketing to the Bosnian population will be done through posting fliers in Bosnian stores, markets, workplaces, and schools. We will create posters that will be posted in locations where a maximum number of Bosnians will be able to see them. We will send flyers home with children attending the Waterloo schools and ask employers like Tyson, Bertch and Omega to put flyers in cafeterias, break rooms, and call boards. Furthermore, we will use the Bosnian Cultural Foundation website to disseminate specific event information. in order to attract more attendees from the general public, we will issue press releases to local newspapers, radio, and television stations. We also plan to place advertisements with the Waterloo -Cedar Falls Courier, as well as with lows Public Radio and on the Page 246 of 303 radio. We will try to get as much coverage as possible across the state through local media outlets' coverage of a fantastic human -interest story. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. Please see attached sheet 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. *****************nh******eYa':********* Y****************** raF** Fir**9enY*** re xx xxx* *aF*** *** BUDGET SUMMARY: Total Project Cost $ 32,550 Additional Funding Sources $ 20,050 In -Kind Services $ 2,500 Hotel/Motel Tax Grant Request $ 10,000 Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. 1, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. , . ,/& Signature of A plicant f Date Page 247 of 303 Budget — Waterloo Teferic — 2017 * - Denotes Funds Covered by Hotel -Motel Tax Grant EXPENSES Salaries, Fees & Honoraria Soccer Tournament Referee Honoraria (10 x $200/day)* $2,000 Karate Tournament Referee Honorarium* $ 250 Stage Construction Honorarium $1,000 Nurse at First -Aid Station $1,000 Costume Tailoring Honorarium $1,500 Music Entertainment Honoraria $1,000 Graphic Designer Fee (2017 Teferic Logo) $ 500 TOTAL $7,250 Supplies & Equipment Soccer Plaques & Trophies $ 750 Soccer Balls $ 500 Soccer Tourn. Water, Jugs, & Cups $ 300 Karate Mat Rental $ 550 Karate Safety Equipment Rental $ 100 Karate Plaques & Trophies $ 150 Folkdance Costume Materials $1,000 Folkdance Plaques & Certificates $ 200 Outdoor Stage Materials $1,500 Sound System & Microphone Rental $1,250 Outdoor Tent Rental $2,500 Outdoor Table & Chair Rental $ 800 Evening Event Decorations $ 250 Paper Products (Cups/Napkins/Silverware) $ 300 Page 248 of 303 Plaques for Sponsors & Contributors Printing T -Shirts for Event Staff TOTAL $ 200 $ 650 $11,000 Facility & Space Rental Cedar Valley Soccer Complex Rental Fee* $5,000 Five Sullivan Brothers Convention Center Rental Fee* $1,600 TOTAL $6,600 Transportation Van/Bus Rental (x2) $2,500 Golf Cart Rental (Outdoor Events) $ 950 TOTAL $3,450 Marketing/PR Printing — Promotional Fliers Waterloo -Cedar Falls Courier Advertisements* (2x Sunday Half -Page Ads) Iowa Public Radio On -Air Advertisements (50x 10 -second Announcements) The Radio Group On -Air Advertisements (25x 30 -second Announcements) TOTAL $450 $1,150 $ 800 $1,000 $3,400 Other Expenses Printing— Registration Materials $ 250 Postage $ 100 Promotional Waterloo Teferic Buttons (500) $ 500 TOTAL $ 850 TOTAL PROJECT EXPENSES $32,550 Page 249 of 303 INCOME (Funding Sources) Waterloo Hotel -Motel Tax Grant (Projected) $10,000 Max & Helen Guernsey Foundation (Projected) $ 5,000 Community Foundation of NE Iowa (Confirmed) $ 2,050 Iowa Department of Cultural Affairs (Projected) $ 5,000 Humanities Iowa (Projected) $ 2,000 John Deere Foundation (Projected) $ 1,500 The Principal Foundation (Projected) $ 3,000 Tyson, Inc. Donation (Projected) $ 1,500 TOTAL $30,050 IN-KIND SERVICES Costume Tailoring Honoraria $ 1,500 Evening Entertainment Honoraria $ 1,000 TOTAL $2,500 TOTAL PROJECT INCOME $32,550 Page 250 of 303 f ranc o City Counci0 Disc t0oniry Hotel-Motel Grant A 4oDication The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from. the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Homecoming Association Name of facility/project Waterloo Homecoming 2017 Contact person Juliet Dunn, Treasurer Email jules82453@msn.com Address of organization or person completing application: Street P.O. BOX 631 City Waterloo State IA Zip 50704 Phone 319-232-2330 Fax: 3. What is the mission of your organization? The mission of the Waterloo Homecoming Association (WHA) is to provide educational resources/guidance for the youth of Cedar Valley by awarding scholarships, supporting various educational initiatives, partnering with organizations with youth inspired visions and encouraging mentoring relationships to strengthen the youth of today. Additionally, we will sponsor a bi-annual event for all current and former Waterloo residents, their families and friends that will not only allow us to obtain our mission but will bring revenue to the city, provide opportunities for professional networking and renewal or development of friendships, thus giving back to the city we all know and love.... Waterloo, IA. Page 251 of 303 4. How long has your organization been in existence? September 2008 5. How many staff members and/or volunteers are involved in this organization and the project? There are 9 volunteers on the WHA committee. However, during the actual Bi -annual event, there will be numerous volunteers. 6. Please indicate all the categories that your projects supports: 5 Category 1 — Supports tourism and heads on beds Category 2 — Supports and assists community events Category 3 — Brings people downtown Categoiy 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories, The homecoming weekend is August 3-6, 2017. The theme is "Express Yourself' and the sub -theme is "Generations IV" and activities for all ages are being planned. (Anticipated attendance — 800-1000 people) Ramada Inn (downtown) Registration/host hotel Elks Lodge Banquet/Dinner/Style Show/ Local Youth Talent (Community Youth Speakers) Sullivan Park Festival in the Park (Gospel Music, Kid Play Zones/Basketball) Electric Park Social Evening Isle of Capri Meet and Greet/Registration/Casino Nite Payne Church Breakfast/Honoring Minority Entrepreneurs Entertainment* (Talent Show — Local Talent) Grout Museum* Science Project UNI-CUE/Payne Church* Youth EducationaI/Financial Workshops (Presenters) Boys & Girls Club Waterloo Community Schools* Educational Workshops (Presenters) Public* Golf, Bowling, Swimming, Tour * negotiations/reservations in progress Our project meets all four categories as follows: (1) Local hotels have been contacted for rates...... in 2015, there were approx. 400+ attendees and we anticipate a 50% increase in 2017. This means more heads in beds for the city. We are planning a tour of Waterloo, which promotes tourism. Page 252 of 303 (2) We will communicate events happening in Waterloo (as long as we are aware) and all attendees will receive welcome packages from the Chamber of Commerce, which also includes events or things to do in the Loo. (3) There are several events planned downtown banquet/style show/talent show/dance will be held at the Elks Lodge, social events are planned at Electric Park and Isle of Capri. (4) The tours, events and anticipated revenue for business owners will add to the quality of life in Waterloo. S. If your project has or will continue for more than one year, please explain your plans for financial sustainability. WHA will sponsor a bi-annual event for all current and former Waterloo residents, their families and friends that will not only allow us to obtain our mission but will bring revenue to the city, provide opportunities for professional networking and renewal or development of friendships, thus giving back to the city we all know and love.... Waterloo, IA. 9. Give an estimate of how you plan to measure the success of the project. The success of the project will be measured by the number of people who attend each event and how much each attendee enjoys the events as well as returning to the city where we grew up. In addition, we can measure our success by the number of youth's lives we make a difference in through scholarships and mentoring. 10. Describe specifically how the proposed project will be marketed. The Waterloo Homecoming 2015 is being marketed by the following methods: WHA website Social network, i.e. Face book (subcommittee created with 600 current members)/Twitter Recruiting efforts with representatives in various cities through the United States E-mail U.S. mail (for those w/o access to computers) Churches Uni-Cue University of Northern Iowa/Hawkeye Community College/Warburg College Posters Media (radio, newspaper) Word of Mouth KBBG & KBOL Radio Stations (PSAs) Waterloo Community Schools KWWL Waterloo Courier Page 253 of 303 11. Please provide a detailed description of the budget, Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. (See attachments) 12. Please include in your submitted materials: • Tax exempt status (non-profit 501 3 c) • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Detail if your intended goals for the project were met? • Detail how the funds were spent? BUDGET SUMMARY: Total Project Cost $ 48,300.00 Additional Funding Sources $ 38,000.00 In -Kind Services $ Hotel/Motel Tax Grant Request $ 10,000.00 Please note: Additional Funding Sources, In-kind Services and Hotel/Motel Tax Errant Request must equal Total Project Cost. I have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recornmendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. ./fs OLAXAX/1----- arc of Applicant Date SA7Dip Page 254 of 303 Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Main Street Waterloo Name of facility/project Organizational Support Contact person Tavis Hall Email THall@MainStreetWaterloo.org Address of organization or person completing application: Street 212 East 4th Street City Waterloo Phone 319-291-2038 State IA Fax: Zip 50703 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. b) Please be specific how the grant monies will be used in the overall project. A) Main Street Waterloo is dedicated to enhancing the vitality of downtown Waterloo Through historic preservation, economic development and community engagement. ❑ Downtown Waterloo is home to 2,100 residents and 5,500 day -time workers; $70,000,000 worth of annual commerce. Main Street Waterloo utilized the Main Street America Four -Point Approach (Design, Economic Vitality, Organization and Promotions & Marketing). We are a volunteer organization, striving to promote Waterloo's downtown as a great and safe place to live, work and play for Waterloo residents and visitors alike. B) Grant dollars will be used to help sustain current operations. Page 255 of 303 3. What is the mission of your organization? The mission of Main Street Waterloo is to showcase Downtown Waterloo as a great place to live, work and play. Through historic preservation, community engagement through events & promotions as well as business recruitment/retention efforts throughout the Central Business District, Main Street Waterloo strives to bring people to the heart of our city. 4. How long has your organization been in existence? Main Street Waterloo was established in 1996 (20 years) 5. How many staff members and/or volunteers are involved in this organization and the project? 125 volunteers, 2 staff 6. Please indicate all the categories that your projects supports: J[] Category 1 — Supports tourism and heads on beds El Category 2 — Supports and assists community events 0 Category 3 — Brings people downtown n Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. See attached page 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. MSW continues to focus on sponsorships, special events and is currently putting together a SSMID proposal for 2017 for property owners. Page 256 of 303 9. Give an estimate of how you plan to measure the success of the project. MSW is an nationally accredited organization through Main Street America and the Iowa Economic Development Authority. We participate in annual reviews and an accreditation process. 10. Describe specifically how the proposed project will be marketed. Cable buy on Mediacom as well as CFU, press -releases to local media outlets as well as paid advertising on social media (Facebook, Snapchat & Instagram) as well as the Main Street Waterloo website. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. 2016 Budget is attached 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the Completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. *****************************************************************•****************x* BUDGET SUMMARY: Total Project Cost Additional Funding Sources In -Kind Services Hotel/Motel Tax Grant Request $ 368,304 $ 358,304 $ 0 $ 10,000 Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Grant Request nursr equal Total Project Cost. I have reviewed this Application for Hotel/Mote! Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsil�Je for riaiiding portion of funds already received. v Sign of Applicant December 28, 2016 Date Page 257 of 303 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. SUPPORT TOURISM & HEADS IN BEDS Main Street Waterloo is an active partner with the Waterloo Convention & Visitors Bureau. Both organizations share a liaison on each -others board of directors and we collaborate an several projects and events. With events like Funky Junk -a - Loo, My Waterloo Days BBQ'Loo, our events can attract thousands of out -of -county visitors (Funky Junk -a -Loo: 1,734) (My Waterloo Days: 514) (BBQ'Loo: 397). Additionally, Main Street Waterloo serves as a support mechanism for many events that happen outside of the organization itself and within the Downtown district. In 2016, MSW & CVB estimate 79,900 people attended events in Downtown Waterloo from Main Street events, other community-based events & weddings/special events held in Downtown Waterloo. SUPPORT & ASSIST COMMUNITY EVENTS MSW spearheads 8 events spanning 21 days attracting over 29,000 attendees. In addition to producing our own events, we have successfully partnered with RiverLoop Rhythms, Irishfest, Cedar Valley Pridefest as we hope all events, ours or otherwise, were successful. BRINGS PEOPLE DOWNTOWN MSW is dedicated as an organization to promoting Downtown Waterloo. Our efforts through our Marketing & Promotions committee are geared toward increasing the number of visitors to the Downtown district. In 2016, we tabulated 29,000 Main Street Waterloo event attendees. SUPPORT WATERLOO QUALITY OF LIFE MSW has strived to celebrate all of Waterloo, instilling pride in all residents. Based in city center, our efforts to promote Downtown Waterloo as a great place to live, work and play have been geared toward visitors and residents alike. We recognize the opportunity for Downtown to serve as a point of pride for all residents of the city and therefore do what we can to promote the district and nurture that sense of pride. Page 258 of 303 Waterloo City Council Discretionary Hotel -Motel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Leisure Services Name of facility/project 2017 Golf Marketing Campaign Contact person JB Bolger Email James. Bolger@waterloo-ia.org Address of organization or person completing application: Street 1101 Campbell Avenue City Waterloo State IA Zip 50701 Phone 291-4370 Fax: 291-4297 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. b) Please be specific how the grant monies will be used in the overall project. Awarded funds will be utilized to cover costs for a wide variety of advertisements. Currently Waterloo Leisure Services utilizes cable TV commercials, over -the -air TV commercials (KWWL), radio spots, and a variety of print publications including those which are regionally distributed such as the Waterloo/Cedar Falls Visitors Guide, the Waterloo Courier's Golf Guide, and Midwest Golfing Magazine advertisements. Page259of303 3. What is the mission of your organization? The City of Waterloo Leisure Services Commission is dedicated to improving the quality of life for all citizens by providing the best possible recreational activities, special events, facilities, and services that encourage lifelong learning, fitness and fun. The Commission strives to provide an enjoyable outdoor environment with top quality parks, preserves, golf courses, recreational trails, and a healthy urban forest resource. 4. How long has your organization been in existence? The City of Waterloo has provided public golf for over 100 years. Iry Warren Golf Course (originally Byrnes Park) was opened in 1908. The next course to open was Gates Park Golf Course in 1928, and finally South Hills Golf Course in 1974. 5. How many staff members and/or volunteers are involved in this organization and the project? The City of Waterloo employs nine full time golf maintenance employees, several administrative staff that assist with golf operations, and numerous seasonal staff that assist with maintenance and course operations. Additionally the City contracts with three full time PGA Professionals and they hire additional full and part time seasonal staff. 6. Please indicate all the categories that your projects supports: X Category 1 — Supports tourism and heads on beds X Category 2 — Supports and assists community events j1 Category 3 — Brings people downtown X Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. Waterloo's three municipal golf courses regularly serve out of town guests. They attract visitors from out of town for a variety of reasons including the value, quality, and variety of golfing experiences provided. Many community organizations chose one of Waterloo's municipal golf courses to host fundraising tournaments, outings, or banquets. Examples would include: • East High School Athletics Fundraiser Outing -Gates Park Golf Course • Boy Scouts -Timeless Values Tournament-Iry Warren Golf Course • United Way Outing -South Hills Golf Course Page 260 of 303 Supporting quality of life for the citizens of Waterloo is by far the biggest contribution Waterloo Golf provides the community. We pride ourselves on being able to offer safe, healthy, and affordable opportunities for exercise and leisure enjoyment for all who are interested. This includes one of the strongest junior programs in the state of Iowa featuring a $10 Junior Morning Pass that allows youth to play for the entire summer for one low rate! 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. N/A 9. Give an estimate of how you plan to measure the success of the project. The best way to measure success of this project is to monitor the number of rounds played at the Waterloo courses. Additional factors such as weather also have a major impact on the number of rounds played. 10. Describe specifically how the proposed project will be marketed. Awarded funds will be utilized for the sole purpose of marketing the City of Waterloo Golf Courses. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. The overall investment to implement the 2017 Golf Marketing Campaign is $13,000. Our request for hotel/motel funds is $10,000 with the remainder of funds coming from the City of Waterloo Golf general operating budget. 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. >c**dt*9cn****xx*xxxxxxx****:************xxxxx*xxxxx*'cdc***4e4t4eoS'*9 ***xxxxxx***xxxxxxxxxx:kir Page 261 of 303 BUDGET SUMMARY: Total Project Cost $ 13,000.00 Additional Funding Sources $ 3,000.00 In -Kind Services $ HotelfMotel Tax Grant Request $ 10,000.00 Please note: Additional Funding Sources, In -Kind Services and Hotel/11lotcl Tax Grant Request must equal Total Project Cost. 1 have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. 1, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. ignature of Applicant ((9- A7 Date Page 262 of 303 t9 i ©r lloo ,y Coafin iiD Discr oirwi y Hotel-Motel' Gr Uiit Ap[oHcoi:uon The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original phis four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be r•ettivnncd f erner°al Infornation (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Nance of organization North End Cultural Center, Inc. Name of facility/project North End Arts and Music Fest Contact person R. Allen Hays Email allen.haysP.uni,edu Adclros, of organization or person completing application: Street PO Box 2761 City Waterloo State IA Zip 50704 Phone 319-266-8406 Fax: 2. Please describe yonu' project in detail a) Explain the project as though you were tcllinng a complete stranger. b) Please be specific how the grant monies will be rased inn the overall project. The purpose of the North End Music and Arts Festival is to revive artistic interest and activity in the northeast neighborhoods of Waterloo, Iowa, an area that has been traditionally disadvantaged but which, nonetheless, has a rich history in the visual arts and in music. This has traditionally been an area in which new immigrants to the community could settle and create their own unique communities. This was certainly true of African Page 263 of 303 Americans, who began moving to Waterloo in significant numbers during and after World War I. Racial segregation concentrated them in a small area of the northeast side, but within that area they created a rich cultural and community life. For example, the African American chapter of the Elks Club hosted concerts by many famous jazz musicians, including Duke Ellington and Louis Armstrong. More recently, Latino immigrants have placed their unique stamp upon the community. This community currently suffers from ongoing economic deprivation and periodic violence. The legacy of racism for many people of color is a lack of confidence in their own capacities and the capacities of their community. The purpose of the North End Music and Arts Fest is to create a sense of pride, excitement and confidence in this community by highlighting its cultural roots and showcasing its current artistic achievement. As this celebration becomes established as a yearly event, it will not only contribute to this new confidence in the community but also bring favorable attention to the community's accomplishments within the metropolitan area and within the state. The Festival was held for the first time on September 26, 2009, on the grounds of Jubilee United Methodist Church at 4th and Newell Streets. The headline act was Tony Brown, a Waterloo native who has earned a national reputation as a performer of blues, jazz and reggae. Another well-known artist who returned to Waterloo for the Fest was Effie Burt, a jazz singer whose work has received statewide recognition. Other participants included a Latin band, a jazz quartet from UNI, a Christian rap performer, and teens who have been participating in a poetry slam group. Since then, the Fest has continued to grow and to attract quality artists. In 2010, our headliner was Kevin Burt and in 2011, Tony Brown once again served as headliner. In 2012, our headliner was Effie Burt. An increasingly popular element in the Fest is the celebration of gospel music that occurs on Sunday afternoon. A wide variety of local church choirs perform each year and the Fest has attracted nationally well-known gospel artists as well. An important addition since 2010 has been the Artist's Wall, where local artists create murals expressing personal and community concerns and visions. In 2014, we moved our 6th annual Fest to the grounds of the African American Cultural and Historical Museum at 4th and Adams Streets. Their newly constructed performance area provided an excellent venue and we will continue to use it. Our experience has been that if you continue to offer a quality slate of performers and to publicize it widely, people will hear about it and the audience will grow from year to year. We have demonstrated that we can attract quality performers to the North End Arts Fest, and we have substantially increased our audience from the 2009 through 2016, with total attendance in the range of 1,000 to 1,200. Our long term goal is to make this a major cultural event with wide reputation and appeal throughout Iowa and the Midwest. 3. What is the mission of your organization? The mission of the North End Cultural Center, Inc. is to restore pride in the diverse cultures on Waterloo's North End, by showcasing the artistic gifts and talents of its residents. Page 264 of 303 4. How long has your organization been in existence? 9 years 5. How many staff members and/or volunteers are involved in this organization and the project? The organizing committee has approximately 8 members. We anticipate that about 15-20 more volunteers will assist with the actual event. The event has no paid staff. 6. Please indicate all the categories that your projects supports: Category 1 — Supports tourism and heads on beds x Category 2 — Supports and assists community events ❑ Category 3 — Brings people downtown x Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. The Ninth Annual North End Arts and Music Fest will be held August 25-26, 2017, at the African American Cultural and Historical Museum at 4t' and Adams Streets. The Fest has become a regular and important cultural feature of the community. Thus, it fits into Category 2. This year, we will continue our policy of selecting several locally prominent performers, each of whom has his or her own following, rather than have a single headliner. There will also be multiple opportunities for music, poetry, and dance from North End youth and amateur adults. In addition to musical and spoken word performances on stage, local painters and other visual artists are provided the opportunity to display and sell their wares. The event begins on Friday at 7:00 PM, with a gospel music celebration at Payne AME Church. It continues on Saturday from Noon until 6 PM. By providing positive activities and a positive image for the North End, it definitely supports Category 4, improving the quality of life. The physical location of the event is close to downtown Waterloo. This makes it likely that attendees will pass through the downtown area and patronize restaurants. Thus, the activity supports Category 3. Page 265 of 303 Over the past 3 years, we have increased our emphasis on youth activities. We have a number of performers under 18, including middle school kids who have completed the summer literacy program which is also operated by the North End Cultural Center, Inc. The program uses hip hop writing and performance to teach literacy skills and each year the kids perform their creations at the Fest. We also have performances by local drum corps and we feature a range of visual arts activities for youth. We have also encouraged more community organizations to provide booths and displays. In this way, they are able to present their services and products to the community. S. If your project has or will continue for more than one year, please explain your plans for financial sustainability. We have been successful in attracting support from area businesses and local foundations. We will continue to seek support from those donors. We will also solicit donations from individuals and recognize them for different levels of financial support. Our website is already set up to solicit such donations. In 2016, we received support from the Community Foundation. We believe that it is important for this to be a free event, so that it will be open to as many in the community as possible. Therefore, ongoing public support will be necessary to make the festival a success. 9. Give an estimate of how you plan to measure the success of the project. As we have done in previous, we will conduct an extensive de -briefing and evaluation of the event by committee members. We will seek feedback from both artists and audience members. Since we want to preserve it as a free event, we cannot use ticket sales to track attendance, but we will establish a counting procedure to give us a clear idea of how successful we are in increasing attendance in 2017 We also measure our performance by the increasing diversity and breadth of community participation. We continue to reach out to new individual and group performers who are contributing their artistic visions to our community. Finally, it should be noted that we have received very favorable media coverage for previous events, and we will continue to strive for extensive and favorable publicity. 10. Describe specifically how the proposed project will be marketed. Print media Waterloo/Cedar Falls Courier Des Moines Register Pulse Magazine Page 266 of 303 Web media Travel Iowa.coin easterniowatourism.org waterloocvb.org uni.edu North End Arts and Music Fest website Electronic media Radio - KBBG, KOEL, KUNI Television - PSAs and advance news coverage on KWWL, KGAN, and KCRG, Presentations on Waterloo and Cedar Falls local access channels plus PSAs on other channels. Other media Posters (local and statewide) Tri -fold flier - to be distributed at events and meetings, to be mailed to selected mailing lists, and to be distributed through community retail outlets. Participation in local events My Waterloo Days Sturgis Falls Juneteenth Celebration Word of mouth — presentations at churches, other civic organizations, community and neighborhood meetings. In addition to the above, we plan targeted outreach to organizations in other communities who are interested in cultural affairs and diversity. Recruiting one or two performers from other communities (while preserving the essentially local character of the performances) could help build an out of town audience for the event. Page 267 of 303 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. Page 268 of 303 Amounts Requested Item Discretionary grant Foudation Support Other Donations Total Artists $2,500 $1,500 $2,000 $6,000 Sound equipment and technicians $2,100 $2,100 Stage and generator $2,500 $2,500 Security $500 $500 Artists' Wall expenses $500 $500 Tent rental $600 $600 Publicity Brochures and posters (design and printing) $500 $500 Newspaper / radio ads $500 $500 Billboards $1,000 $1,000 Tourist publications $500 $500 Totals $5,000 $4,700 $5,000 $14,700 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. Page 268 of 303 BUDGET SUMMARY: Total Project Cost $ 14,700 Additional Funding Sources $ 9,700 In -Kind Services $ Hotel/Motel Tax Grant Request $ 5,000 Please note: Additional Funding Sources, In -Kind Services and Hotel/Motel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachrnent(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responsible for refunding any portion of funds already received. Signat3're of Applicant Date Page 269 of 303 Waterloo City Council Discretionary Hotel -Motel Grant Application 1.General Information Name of organization: ASPIRE Therapeutic Riding Program Name of facility/project: The Night of the Horse Contact Person: Marilyn Moore Email: marilyn@aspiretrp.org Address of organization or person completing application: Street: 8100 Kimball Ave. City: Waterloo State: Iowa Zip: 50701 Phone:319-296-0964 Fax: 319-296-0964 2.Please describe your project in detail a) Explain the project as though you were telling a complete stranger. The Night of the Horse is hosted by ASPIRE Therapeutic Riding Program, Waterloo, Iowa. This event is a special event to raise funds for ASPIRE'S program. The Night of the Horse features professional horse entertainers in a night of exquisite entertainment to music. This event is unique to the Cedar Valley. The Night of the Horse is held September 23, 2017 at McElroy Auditorium at 7:00 p.m. Entertainment includes Dan James(Double Dan Horsemanship), Raccoon River Riders, Midwest Renegades and much more. There will be childrens activities to further entertain the crowd. Page 270 of 303 b) Please be specific how the grant monies will be used in the overall project. Grant monies will be utilized for honorariums, advertising, printed materials, and facility rent. 3. What is the mission of your organization? ASPIRE Therapeutic Riding Program provides benefits to individuals with disabilities through animal assisted activities and outreach programs, primarily through partnership with horses. 4. How long has your organization been in existence? 18 years 5. How many staff members and/or volunteers are involved in this organization and the project? At the present time ASPIRE has 3 paid staff and over 400 volunteers with over 7,000 hours being donated to the program. Page 271 of 303 6. Please indicate all the categories that your projects supports: ❑ Category 1 -Supports tourism and heads to beds ❑ Category 2 -Supports and assists community events ❑ Category 3 -Brings people downtown ❑ Category 4 -Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. The Night of the Horse is hosted by ASPIRE Therapeutic Riding Program, Waterloo, Iowa. This event is a special event to raise funds for ASPIRE'S program. The Night of the Horse features professional horse entertainers in a night of exquisite entertainment to music. This event is unique to the Cedar Valley. The Night of the Horse is held September 23, 2017 at McElroy Auditorium at 7:00 p.m. Entertainment includes Dan James(Double Dan Horsemanship), Raccoon River Riders, Midwest Renegades and much more. There will be children's activities to further entertain the crowd. The Night of the Horse brings audience from all over Iowa and some from the Midwest. Entertainers and audience utilize hotel rooms to stay when traveling from afar. The audience and entertainers utilize restaurants, convenience stores, shopping centers, movie theaters and other entertainment that might be going on in the community. The event is held at McElroy Auditorium which brings audience close to the Page 272 of 303 downtown area. The Night of the Horse is unique entertainment to the Cedar Valley. By providing this unique entertainment the audience is being awed by the entertainment and laughing, clapping and enjoying their time during the evening. It is a night to be remembered by all people. This gives individuals a new perspective and helps them to relax, reduce stress and just enjoy their time. 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. ASPIRE is gaining momentum in the community and tries to build the financial sponsorship of the project. It is truly our goal to make this project self-supporting. 9. Give an estimate of how you plan to measure the success of the project. This program will be measured by attendance, feedback from audience, how many people came from afar, how many people were returning, how did the entertainers perform and were they happy with the event. 10. Describe specifically how the proposed project will be marketed. The Night of the Horse is marketed through flyers both locally and all over Iowa and Midwest. ASPIRE distributes flyers to all farm and tack shops. Flyers are distributed to many boarding facilities and fairgrounds. Flyers are distributed at Iowa, Minnesota, and Wisconsin Horse Fairs. ASPIRE has a billboard posted in the area. Radio stations all over Iowa do PSA's, KWWL is a major sponsor. Page 273 of 303 with a commercial, television time and host at the event. Newspapers all over Iowa and Midwest advertise about the project. The Night of the Horse will be marketed through facebook, twitter, website, and blog. The Night of the Horse has its own website: www.danceswithhorses.org. ASPIRE purchases some magazine ads and matching ads on the radio. Overall advertising has been increased through many outlets to draw a bigger audience. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. Please see attached. 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page report detailing the results of your project one month after completion. If you do not submit your final report you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. Page 274 of 303 EOE 40 9ZZ abed Income: List all income expected for the project. Round dollar figures to the nearest dollars. Please note if income from grants/sponsors has been secured or if funds are still pending. Income Source Income/ln-Kind (please note if cash or in - Entry Fees/Admissions/Registrations $300 — $300 Advertising 3,000 KWWL/In-Kind Secured Sponsorships $2,000 Cash/Companies Pending Grants (please specify) 51,000 51,000 City of Waterloo Discreationary Funds 58,000 $600 $50 Staff Time $3,000 $3,000 Stalls 51,000 $800 5200 Performer Donations $500 In Kind Secured Merchandise Sales 51,000 51,000 Ticket Sales 58,000 Cash Pending Donations 580 $80 Other (please specify) $500 $500 Auction Items In -Kind Pending Auction Sales 53,000 Sale of items Programs in -Kind Flyers In -Kind Secured Website In -Kind Secured Photographer In -Kind Secured Total Income 21000 Expenses: Provide an itemized list of all expenses, including both fundable and non -fundable items Note which fundable expenses will be met by the Hotel -Motel Tax Grant. Cash and in-kind match funds must be 50% of the total project cost or greater. Expenses should include items like the following: Travel expenses, bid/guarantee fees, registration costs, facility rental, equipment rental, design costs, capital expenses (please specify each), safety and security costs, medical services, salaries, professional services (legal, accounting, etc.), prizes (cash and other), marketing and advertising, insurance, honoariums, speaker's fees, hotel rooms, food & beverage, postage, phone, utilities, printing, other (please specify). Please note that this list includes examples that are both fundable and non fundable. Refer to the list on pages 2 & 3 for the complete list of fundable and non fundable. Expense Description Expense Total Cash Match Website $300 — $300 Advertising 3,000 $1,000 52,000 Performers $7,000 $5,000 52,000 Office Supplies 51,000 51,000 Rent $650 $600 $50 Staff Time $3,000 $3,000 Stalls 51,000 $800 5200 Silent Auction Items $500 $500 Postage 51,000 51,000 Bedding $800 $600 $200 Volunteer Appreciation 580 $80 Video $500 $500 Tables $150 $150 Chairs $25 $25 Food for performers and volunteers $150 $150 Hotel $400 $400 Photography Sound $100 $100 Programs $50D $500 Totals 20155 8000 11755 400 909 40 9LZ abed Waterloo City Council Discretionary Hotel -hotel Grant Application The City of Waterloo is offering grants to non-profit entities for projects and community events that support tourism, quality of life and which bring people to Waterloo's downtown area. Grant funds are made possible through Hotel/Motel tax funds received by the City of Waterloo. City Ordinance states 10% of the revenues generated from the Hotel -Motel Tax can be used as discretionary dollars of the City Council to enhance projects that support several defined areas. To apply, please complete the following application and send the original plus four complete copies to: City of Waterloo Finance Dept., City Hall, 715 Mulberry St., Waterloo, Iowa, 50703. Incomplete applications will be returned. 1. General Information (It is highly recommended that applications be typewritten. Use a separate sheet of paper, if necessary): Name of organization Waterloo Police Department Name of facility/project Uniformed Police Presence at Community Events Contact person Chief Dan Trelka email trelkad©waterloopolice.com Address of organization or person completing application: Street 715 Mulberry Street City Waterloo State Iowa Zip 50702 Phone 319-291-4339 Fax: 319-291-4332 2. Please describe your project in detail a) Explain the project as though you were telling a complete stranger. These funds allow officers to provide a proactive police presence at community events from July 1, 2015 until June 30, 2016. These events provide a substantial occupancy boost to the Hotels and Motels in the Waterloo area. A law enforcement presence is required at these events to provide a safe family friendly atmosphere in which to showcase our community. b) Please be specific how the grant monies will be used in the overall project. These grant funds are utilized so officers can work at several area events, including My Waterloo Days, 4th Street Cruise, Irish Fest, National Cattle Congress, Dignitary/Campaign visits, BBQ Loo and other events throughout the year. Page 277 of 303 3. What is the mission of your organization? To vigilantly protect, serve, and work together with our community to prevent crime and enhance the quality of life in our neighborhoods. 4. How long has your organization been in existence? Since the early 1800's. 5. How many staff members and/or volunteers are involved in this organization and the project? We have 121 sworn officers, 9 civilians and 19 volunteers. All employees of the police department are involved in promoting and working the events throughout the year. 6. Please indicate all the categories that your projects supports: X Category 1 — Supports tourism and heads on beds X Category 2 — Supports and assists community events X Category 3 — Brings people downtown X Category 4 — Supports Waterloo quality of life 7. Please provide a detailed description of your project, together with a statement of how your project fits into one or more of the above listed 4 categories. Uniformed Waterloo Police Officers provide security at a variety of community events. We provide a visible police presence and proactively address issues of public safety to allow our citizens and guest to enjoy the quality of life amenities the city provides. Minimize any criminal activity that would reflect a negative image on the event and the City of Waterloo. 8. If your project has or will continue for more than one year, please explain your plans for financial sustainability. The overtime budget is funded via the 8.10 levy. These funds are used to in addition to the Hotel/Motel Funds to provide a proactive police presence at the events as needed. The safety of our citizens and visitors is paramount in our mission at these events. 9. Give an estimate of how you plan to measure the success of the project. We have had a proactive police presence at community events for the past several years. As a result of this there has been no major incidents surrounding the events and we have developed strategies to address recurring problems with the event. These measures have provided a positive response in the perception of the City of Waterloo and our events. Page 278 of 303 Attendance at community events has been increasing and visitors to our community enjoy themselves in a safe environment. Waterloo is becoming a destination city for these events and as such we must provide the necessary security to ensure safety. 10. Describe specifically how the proposed project will be marketed. These events are marketed by various community organizations within the city and serve to market and provide a positive image for the City of Waterloo. 11. Please provide a detailed description of the budget. Please include information about additional funding sources, income and how the hotel/motel tax grant fits into the overall budget. Event Cost Irish Fest $1,000 Dignitary Protection/Political Events $5,000 National Cattle Congress $15,000 BBQ1oo $1,500 4TH Street Cruise $4,000 My Waterloo Days $3,500 Total Funds Requested $30,000.00 12. Please include in your submitted materials: • Tax exempt status • W-9 form 13. We ask that you will submit a single page final report detailing the results of your project one month after the completion of the project. If you do not submit your final report within a month after completion you will not be eligible for further funding. • Were your intended goals for the project met? Please provide details. • How were the funds spent? Please be specific. Page 279 of 303 r. *************************************************** k******************************** BUDGET SUMMARY: Total Project Cost $ 30,000.00 Additional Funding Sources $ as needed In -Kind Services $ Hotel/Motel Tax Grant Request $ 30,000.00 Please note: Additional Funding Sources, In -Kind Services and HotellMotel Tax Grant Request must equal Total Project Cost. I have reviewed this Application for Hotel/Motel Grant Funds from the City of Waterloo. The information contained in this application plus any attachment(s) is accurate and complete to the best of my knowledge. The Hotel/Motel Tax Grant Funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, fully understand that if this program/project does not transpire, Waterloo City Council's recommendation for funding will be withdrawn and my organization will be responiile for refu any portion of funds already received. 0,477. Signature of 3-3/-J2 ppliaant Date Page 280 of 303 CITY OF WATERLOO Council Communication Resolution approving conflict of interest waiver between the City of Waterloo and Ahlers & Cooney, P.C. for work on a 28E Agreement between Hawkeye Community College and the City of Waterloo. City Council Meeting: 4/24/2017 Prepared: 4/20/2017 REVIEWERS: Department Reviewer Action Date Legal Felchle, Kelley Approved 4/20/2017 - 4:34 PM ATTACHMENTS: Description Type D Ahlers & Cooney Communication Backup Material SUBJECT: Submitted by: Resolution approving conflict of interest waiver between the City of Waterloo and Ahlers & Cooney, P.C. for work on a 28E Agreement between Hawkeye Community College and the City of Waterloo. Submitted By: David R. Zellhoefer, City Attorney Page 281 of 303 DAVE ZELLHOEFER From: Ann M. Smisek <asmisek@Ahlerslaw.corn> Sent: Sunday, April 09, 2017 9:49 PM To: DAVE ZELLHOEFER Cc: Danielle Haindfield Subject: Waiver for concurrent conflict of interest Hi Dave, It was nice to talk with you Friday afternoon. Thanks so much for calling me back. As we discussed, I wanted to reach out to you and the City about our firm's work for Hawkeye Community College that could conflict with our representation of the City of Waterloo. Our firm represents Hawkeye Community College and is working with them to draft a 28E agreement on a housing project where the City gives the college an area of land for a nominal sum, and the college builds a residential structure on the land and sells the property back to the city for the value of the land and cost of building the structure and the city sells the property for a profit. We need to inform you about this situation because Ahlers attorneys represent Hawkeye Community College and has done other work for the City of Waterloo. Ahlers & Cooney, P.C. (the' Firm") has frequently represented the City of Waterloo (the "City") in connection with various urban renewal, public improvement contract, labor and employment, and financing matters ("City Matters"). Separately, the Firm has regularly represented Hawkeye Community College (the "College") in connection with various matters. A partner with the firm, Danielle Haindfield, along with associate Conner Wasson, have been asked to represent the College with regard to devising a 28E Agreement between the College and the City for the program described above (the "28E Transaction"). I understand the City will be represented by the City Attorney in the 28E Transaction. The purpose of this e-mail is to seek consent from the City for the Firm to represent the College in the 28E Transaction. As we have discussed, our Firm's representation of the City is separate and unrelated to our representation of the College. In fact, the lawyer who would be responsible for the representation of the College regarding the 28E Transaction, Ms. Haindfield, does not represent the City. Accordingly, if the City and the College each consent to the Firm's representation under these circumstances, different lawyers in our office would be involved in these respective matters, and the lawyers would each be precluded from access to the files in the other matters. We believe our Firm will provide competent and diligent representation to each client. The factual and legal issues likely to arise in the work that the College has asked us to perform appear to be unrelated to the work we are presently performing or likely to perform for the City. However, since the City is a current client of ours, any work that we perform for the College that is adverse to the City will create a conflict of interest. You acknowledge that we have informed you of our representation of the College. l request that you recommend to the City Council that they waive this conflict of interest. In deciding whether or not to consent, the City Council should consider how our representation of the College as described above could or may affect them. For example, clients that are asked to waive or consent to conflicts should consider whether there is any material risk that their attorney will be less diligent on their behalf due to the conflict. Similarly, clients should consider whether there is any material risk that their confidential information or other proprietary matters will be used adversely to them due to the conflict. Please be aware that the Rules of Professional Conduct require that we represent all of our clients with diligence and that we protect and maintain their confidences. Accordingly, we will not disclose or use any information that we may have acquired about the City in our representation of the City in other City Matters to the College. Similarly, we will not disclose to the City any confidential information that we acquire about the College as a result of our representation of the College. The conflict waiver merely allows us to represent the College in the 28E Transaction. Page 282 of 303 We do not believe that our obligations of loyalty and confidentiality to the College will impair our ability to represent the City in the other City Matters. Although we are asking the City to waive this conflict of interest so that we can represent the District in the 28E Transaction, the City is not obligated to do so. We are pleased to answer any further questions that the City may have about this matter. Although the City is not required to do so, we recommend that the City seek the advice of a lawyer outside of our Firm if there are any questions or concerns about whether the City should sign this conflict waiver. Please present this letter to the City Council for their consideration. Please respond to this request by either signing and returning this waiver letter or informing us that the City Council declines to waive this conflict of interest. We will not represent the District in the 28E Transaction unless both the City Council and the College agree to waive the conflict. Thank you for your consideration. Ann Ann M. Smisek ASSOCIATE AHLERS LOONEY Ahlers & Cooney, P.C. 100 Court Avenue, Suite 600 Des Moines, Iowa 50309-2231 Phone: (515) 246-0310 Fax: (515) 243-2149 VCard Email ( Bio Firm Website AHLERS & COONEY P.C. CONFIDENTIALITY NOTICE: This email, and any attachments hereto, contains information which may be CONFIDENTIAL and/or ATTORNEY CLIENT PRIVILEGED. The information is intended to be for the use of the individual or entity named above. If you are not the intended recipient, please note that any unauthorized disclosure, copying, distribution or use of the information is prohibited. If you have received this electronic transmission in error, please return the e-mail to the sender and delete it from your computer. 2 Page 283 of 303 CITY OF WATERLOO Council Communication Request of the City of Waterloo to amend the 2007 City of Waterloo Code of Ordinances, by adding to Title 6, Motor Vehicles and Traffic, a new Chapter 7, Parking in Residential Areas. City Council Meeting: 4/24/2017 Prepared: 3/21/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description Residential Parking - New Chapter 7 of Title 6 - sections b and d reserved Reviewer Schroeder, Aric Even, LeAnn SUBJECT: Submitted by: Recommended Action: Summary Statement: Action Approved Approved Type Ordinance D ate 4/19/2017 - 10:10 AM 4/19/2017 - 11:43 AM Motion to receive, file, consider and pass for the first time an Ordinance Amending the 2007 City of Waterloo Code of Ordinances, by adding to Title 6, Motor Vehicles and Traffic a new Chapter 7, Parking in Residential Areas. Motion to suspend the rules. Motion to consider and pass for the second and third times and adopt said ordinance. Submitted By: Noel Anderson, Community Planning & Development Director Approval. On June 6, 2015 the City Council adopted Ordinance No. 5285, adopting a new International Property Maintenance Code (IPMC), and repealing the previously existing code. The previously existing IPMC included residential parking requirements, whereas the new IPMC does not include residential parking requirements, as the parking requirements were intended to be adopted as a stand-alone chapter of the Code of Ordinances, however adoption of the stand-alone parking requirements failed. Several ordinances were adopted to delay the effectiveness of Ordinance 5285, so that the previously existing parking requirements would remain in effect. The delay was intended to provide time for new residential parking requirements to be adopted. The delayed effectiveness of the ordinances ended as of October 1, 2016, and there are currently no residential parking requirements, other than what is provided in the Zoning Ordinance. The proposed regulations that failed to be approved appeared to have primarily failed due to concerns with previously proposed requirements for owners with existing driveways that do not meet requirements to have to bring the driveway up to current code. Those requirements have been removed from the proposed Page 284 of 303 Expenditure Required: Source of Funds: Policy Issue: ordinance, and the proposed wording now provides for legal non- conforming (grandfathering) status of existing driveways that do not meet the new requirements. At the April 3, 2017 Council meeting the item was tabled, and at the April 17, 2017 Council Work Session the general consensus was to move forward with adoption of the ordinance, except those portions of the ordinance dealing with recreational vehicle and trailer parking in a front yard. Please find attached a copy of the proposed amendment, with the sections dealing with recreational vehicle and trailer parking in the front yard removed. none n/a Code of Ordinances Page 285 of 303 Title 6 — Motor Vehicles and Traffic Chapter 7 (new) PARKING IN RESIDENTIAL AREAS 6-7-1: PURPOSE: The special provisions of this chapter are intended to regulate the location of vehicles parked on residential properties. It is the desire of the City of Waterloo to encourage an aesthetically pleasing local environment. It is also the intent of the City of Waterloo to avoid the obstruction of public streets and sidewalks, improve traffic visibility and maintain the visual harmony and character appropriate in residential neighborhoods within the city. The objectives to be attained through this chapter include preserving and improving the peace, safety, health, welfare, comfort and convenience of the citizens of the city of Waterloo, minimizing the adverse visual effects of parking on residential property, and allowing for the reasonable use of driveways in the front yard for parking. 6-7-2: DEFINITIONS: For purposes of this chapter, unless the context indicates otherwise, the following words and phrases shall have the meanings respectively ascribed to them in this section. DRIVEWAY: That portion of private property, paved or unpaved, that provides vehicular access to a property from the public right-of-way or between private properties, and where said driveway is specifically designated for or commonly utilized as an access way by vehicles to parking lots, parking areas, garages, storage facilities, etc. Driveways serving residential uses may extend along the side or rear of the dwelling and in some cases, may terminate in a designated parking lot, parking area, garage, or storage facility in the side or rear yard area. A private driveway begins at the property line and extends into or across the site. A driveway may extend into or across the front yard area of a residential property. The driveway may terminate in the front yard area of a dwelling provided that the termination area is a garage or carport or a parking area authorized by this chapter. The parking area shall be included in the hard surface area, conforming to section 6-7-3.A.2 hereof regulating the area of a hard -surface driveway and parking area permitted in the front yard. No portion of a driveway situated in the front yard of a residential property may be extended beyond the width of the garage(s) that the driveway serves or, if there is not a garage (attached or detached) that is served by the driveway or if the garage is a detached structure in the rear yard, the width of the driveway at the street right-of-way (property line) unless said extension meets the requirements of a driveway extension. In all cases, the driveway must be at least the same width dimension as the outside width dimension of a vehicle which it serves. This restriction shall not prohibit the construction of a parking area for multi -family residential uses in a front yard if otherwise allowed by the Zoning Ordinance. DRIVEWAY EXTENSION: For a one- or two-family residential property, any extension to the driveway situated in the front yard beyond the width of the garage(s) that the driveway serves or, if there is not a garage (attached or detached) that is served by the driveway or if the garage is a detached structure in the rear yard, beyond the width of the driveway at the street right-of- way (property line). Page 286 of 303 RECREATIONAL VEHICLE: Any vehicle whose primary purpose is recreation/entertainment and not a primary means of transportation. These include, but are not limited to, boats, trailers, campers, and motor homes. VEHICLE: Any device in, upon or by which a person or property is or may be transported or drawn upon a highway or street, excepting devices moved by human power or used exclusively upon stationary rails or tracks, and shall include, without limitation, a motor vehicle, automobile, truck, trailer, motorcycle, tractor, buggy, wagon, farm machinery or any combination thereof. YARD, FRONT: A yard extending across the full width of the lot and measured between the front lot line and the foundation of a principal building or any projection thereof, other than the projection of the usual steps, overhanging balconies, other ordinary projections, or unenclosed porches or decks. On corner lots, the front yard shall include that portion of the lot between the principal structure and the street right-of-way on both street sides of the lot. YARD, REAR: A yard extending across the full width of lot and measured between the rear lot line and the foundation of a principal building or any projections thereof, other than the projection of the usual steps, overhanging balconies, other ordinary projections, or unenclosed porches or decks. On corner lots the rear yard is the opposite end of lot from the front yard where the house is addressed and faces. YARD, SIDE: A yard extending from the front yard to the rear yard and measured between the side lot lines and the foundation of a principal building or any projection thereof, other than the projection of the usual steps, overhanging balconies, or other ordinary projections. 6-7-3: STANDARDS GOVERNING THE OFF-STREET PARKING OR STORAGE OF VEHICLES AS AN ACCESSORY USE ON RESIDENTIAL PROPERTIES: A. General Restrictions: 1. No more than four (4) vehicles, excluding recreational vehicles and trailers with a recreational vehicle on it, shall be parked outside an approved garage on a one- or two- family residential property. For any other residential property, the maximum number of such vehicles shall be two (2) per legally established dwelling unit within a structure. Notwithstanding the foregoing restrictions, the maximum number of such vehicles may increase to a number not more than the number of licensed drivers legally residing at the property. 2. Any vehicles parked outside an approved garage shall be parked on concrete (five inches Portland Cement Concrete minimum), asphalt (four inches of hot mix asphalt on a six-inch rock base minimum), or gravel (six inches minimum). Grass, patio pavers, bricks, or similar products are not an approved parking surface unless said patio pavers, bricks, or similar products are placed over a minimum depth of four inches of rock base. In all cases the parking surface must be at least equal to the outside dimensions of a vehicle which it serves, except in a rear or side yard effectively screened by a solid fence at least six feet in height, in which case the vehicle may be parked on parking pads of an approved surface that are a minimum of two (2) feet by two (2) feet under each wheel or supporting structure of the vehicle. For one- and two-family residential properties, gravel shall be an approved parking surface in a rear or side yard. Gravel is not an approved parking surface in a front yard, or for any parking surface for a multi -family residential property. For one- and two- family residential properties with existing gravel driveways in a front yard built prior to 2 Page 287 of 303 enactment of this chapter, such driveways shall be permitted to remain, and may be maintained and repaired, but shall not be enlarged without being brought into compliance with this chapter. For one- and two-family residential properties, the width of a driveway in the front yard shall be limited to the width of the garage(s) that the driveway serves, and in all other cases, including a driveway that serves a detached garage in the rear yard, the width shall be limited to the width of the driveway at the street right-of-way (property line). Existing parking areas in the front yard that extend past the driveway (i.e., a driveway extension) of a one- or two-family residential property built prior to enactment of this chapter shall be permitted to remain, and may be maintained or replaced, but shall not be enlarged without being brought into compliance with this chapter. Existing gravel areas for parking surfaces for multi -family residential property shall be subject to applicable non -conforming use provisions of the City of Waterloo Zoning Ordinance, if legally constructed prior to adoption of Ordinance 2479 on February 3, 1969. Non -conforming status shall not apply to gravel areas created after February 3, 1969 for multi -family residential properties or to gravel areas for one- or two-family residential property converted to multi -family residential property after February 3, 1969. Parking is permitted in the rear and side yards, subject to compliance with the applicable requirements of this paragraph. 3. No one- or two-family residential property shall have a driveway extension more than ten (10) feet wide measured perpendicular to the length of the driveway in the front yard. However, this restriction shall not prohibit the construction of a driveway and driveway extension of up to twenty (20) feet in total width where there is no garage served by the driveway or where the driveway serves a detached garage in the rear yard, nor shall it prohibit the construction of a circular drive if otherwise approved by the City Engineer and meeting the requirements of the City Code of Ordinances, nor shall it prohibit a driveway extension that is more than ten (10) feet wide measured perpendicular to the length of the driveway when used for a turnaround (hammerhead) and not used for parking. B. Parking in Front Yards: No parking shall be allowed in the front yard of a residential property or any portion of such front yard unless the area is a permitted driveway or driveway extension as defined in this chapter. C. Front Yard Parking Citation: 1. No person shall drive, stop, stand, or park a vehicle onto or upon the front yard of a property, except as permitted by this section or except for work in progress, such as construction, tree trimming, etc., or temporary activities such as deliveries or vehicle washing not exceeding two (2) hours. A violation of this section shall place such vehicle in the status of an illegally parked vehicle and the vehicle may be dealt with pursuant to this chapter. 2. In lieu of a citation for a municipal infraction, a person who violates any provision of this section may be issued a front yard parking citation in the amount of $40.00. 3. Prima Facie Presumption: In any proceeding charging a violation of this chapter, proof that the particular vehicle described in the information was parked in violation of this chapter, together with proof that the defendant named in the information was the registered owner of the vehicle or the owner of the property on which said vehicle was unlawfully parked at the time of the alleged violation, shall constitute a prima facie presumption that the registered vehicle owner and/or the property owner was the person violating this chapter or allowing the violation to occur. 3 Page 288 of 303 D. Parking of Recreational Vehicles: 1. Not more than three (3) recreational vehicles shall be parked on any one- or two-family residential property. No recreational vehicle owned by persons not residing on the property shall be parked on any residential property at any time, except for visitors. Visitor parking shall be limited to not more than thirty (30) days per calendar year. 2. Reserved. 3. Reserved. E. Use as Residence: No recreational vehicle shall be used as a temporary or permanent residence, except in a conforming recreational vehicle park or campground or within the time permitted for visitor parking as noted in subsection D.1 above. 6-7-4: IMPOUNDMENT OF ILLEGALLY PARKED VEHICLES: As an additional or alternative remedy to the issuance of a citation as provided in section 6-7-3.C, vehicles that are stopped or parked in violation of this chapter or other city ordinances may be removed and impounded as provided in this section. A. Notice Of Violation: Upon discovery of any vehicle parked upon private property in violation of this chapter, the enforcing officer shall notify the owner of the vehicle, all lienholders, if they can be identified, and the owner of the property by at least one of the following methods: (i) by delivering a copy of the notice to the individual personally; (ii) by serving, at the individual's dwelling house or usual place of abode, any person residing therein who is at least eighteen (18) years old; (iii) by serving the individual's spouse at a place other than the individual's dwelling house or usual place of abode; (iv) by sending a copy thereof by certified mail, return receipt requested, to the last known address of the recipient; or (v) by sending a copy thereof by first-class mail to the last known address of the recipient and by posting a copy thereof in a conspicuous place at the subject property. As an alternative to service of notice by any of the foregoing means, notice by one publication in a newspaper of general circulation in the City of Waterloo shall be sufficient to meet the requirements of this subsection. The published notice may contain multiple listings of vehicles but shall be published within the same time requirements and shall contain the same information as prescribed for mailing notice in this subsection. Published notice may be used if (a) the identity of the last registered owner cannot be determined; or (b) the registration contains no address for the owner; or (c) it is impossible to determine with reasonable certainty the identity and address of all lienholders. Notice shall be deemed given either when personally served, when mailed, or when published. If notice served only by certified mail is returned undelivered by the U.S. post office, action to impound the vehicle shall be continued to a date not less than ten (10) days from the date of such action. This notice shall contain the following information: 1. That the vehicle is in violation of this chapter; 2. A description, to the extent possible, of the year, make, model, color, and location of the vehicle; 4 Page 289 of 303 3. That the owner of the vehicle and/or the property owner must remove the vehicle or correct the violation in accordance with this chapter; 4. That failure to comply with the provisions of this chapter within seven (7) days from the date notice is given, the owner of the vehicle and the property owner shall be liable for the violation; 5. That the vehicle will be removed by the city and impounded at the owner's expense; and 6. That if the vehicle is not redeemed within thirty (30) days after impoundment, the owner of the vehicle, the property owner and the lienholders shall no longer have any right, title, claim or interest in or to the vehicle or the personal property contained therein. B. Abatement: If the owner of the vehicle or the owner of the property upon which the vehicle is located fails to remove the vehicle in accordance with the terms of this chapter, the enforcement officer shall abate such violation by causing the vehicle to be removed and impounded and sold or disposed of as specified herein, and the cost of abatement shall be charged to the owner of the vehicle and/or the owner of the property. C. Redemption of Impounded Vehicle; Abandonment: Within thirty (30) days after the impoundment of any vehicle under this section, the owner thereof may appear and claim the vehicle or the personal property contained therein. The vehicle shall be released after the owner provides proof of ownership, pays an impoundment fee, and pays towing and storage charges. Personal property contents shall be released after the owner provides proof of ownership of the vehicle. If no owner makes a timely claim for the vehicle, the owner shall no longer have any right, title, claim or interest in or to the vehicle and its remaining contents, and the vehicle may be disposed of as provided by Iowa law governing abandoned vehicles, currently codified at section 321.89 of the Code of Iowa. During the period of impoundment, the impoundment facility at which the vehicle is being stored shall be responsible for the vehicle. 6-7-5: ENFORCEMENT: Code enforcement officers and officers of the Waterloo Police Department are authorized to enforce the provisions of this chapter. 6-7-6: REQUEST FOR VARIANCE OR APPEAL: A person who, either being charged with violation of this chapter or in anticipation of being charged with such violation, desires to request an exception to the application of any provision of this chapter due to extraordinary hardships or practical difficulties, may file an application for a variance or appeal with the city clerk and pay a filing fee as set by resolution of the city council. The application shall state the relief requested and the grounds therefor. As to any citation or notice of violation issued pursuant to this chapter, the application must be filed within seven (7) days after the citation or notice is delivered. Hearing on the application shall be scheduled for a date within thirty (30) days after the application is filed and the fee paid, and it shall be scheduled for no more than twenty (20) minutes in length or, if the applicant requests an extension of time, such additional time as the city council or its designated committee, in its 5 Page 290 of 303 discretion, may deem necessary. If the applicant desires additional time, he or she must request it at least seven (7) days before the scheduled hearing date. A variance shall not have the effect of nullifying the intent and purpose of this chapter. The city council or its designated committee shall consider whether the granting of a variance would be detrimental to the public health, safety or welfare, whether the subject property is characterized by unique conditions, whether the applicant will suffer particular hardship as compared to mere inconvenience if the strict letter of this chapter is carried out, and any other considerations that the city council or its designated committee consider relevant. After such hearing, the city council or its designated committee shall act by simple majority vote, may require such conditions as the council or its committee believe will substantially secure the objectives of this chapter, and shall reduce its decision to writing. The city clerk shall deliver a copy of the decision to the applicant. 6 Page 291 of 303 CITY OF WATERLOO Council Communication Motion to approve change order #5 and #6 for a total increase of $3,460, to Lodge Construction of Clarksville, Iowa, in conjunction with the Sherwood Recreation Area, Phase 2 Improvements Project. City Council Meeting: 4/24/2017 Prepared: 4/19/2017 REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 4/19/2017 - 9:34 AM Clerk Office Even, LeAnn Approved 4/19/2017 - 10:45 AM ATTACHMENTS: Description Type ❑ Change Order #5 Sherwood Cover Memo ❑ Change Order #6 Sherwood Cover Memo Submitted by: Submitte By: Travis Nichols, Facilities/Project Manager Leisure Services Recommended Action: Summary Statement: Approve change order #5 and #6 in the amount of $3,460 to Lodge Construction for repair and replacement of trail surfacing erosion caused by flood of 2016 and addition of thickened edge on Shelter concrete pad to prevent erosion in future flooding. Original Bid: $141,153.25 Previous Change Orders: $ 12,937.50 Change Order #5: $ 2,660.00 Change Order #6: $ 800.00 Total: $157,550.75 Expenditure Required: $3,460.00 increase. Source of Funds: $200,000 REAP Grant from IDNR with possible reimbursement from FEMA Page 292 of 303 CHANGE ORDER Steve Lodge. Lodge Construction ® Paul Iluoine, Waterloo Leisure S T ices 0 0 PROJECT: Sherwood Recreation Area, Phase 2 CO NO.: 05 OWNER: City of Waterloo [LATE OF ISSUANCE: 04/17/17 TO: Steve Lodge FROM: Lodge Construction RITLAND+KUIPER Landscape Architects P.O. Box 459 501 Sycamore Street, Mezzanine A Clarksville. lA 50619 Waterloo. Iowa 50703 You are directed to snake the following changes in this Contract: 1. Repairs to the Sherwood trail resulting from the September 2016 flooding: The 2016 flooding washed out portions of the trail resulting in loss of the surface course. After onsite inspection and measuring of the area it was determined that approximately 140 ton of lime stone chips will be required to repair the trail. Lodge would be willing to place the Material for the unit price oF$19/Won. Estimated total to perform work $2,660. Total will be figured using tickets from the quarry. TOTAL ADD TO CONTRACT 52,660.00 Attachments: 2017.04.17 Estimate from Lodge Construction Not valid until signed by boll! the Owner and Architect. Signature of the Contractor indicates his agreement herewith, including any adjustment In the Contract sum or Contract time. The original t...ontracf `'ui was Net change by previously authorized Change Orders Me Contract Sum prior to this Change Order was The Conll,lrt Sons xviil bet increased l by this Change Order The Ile\ (._ onuact Sunt including this Change Order will be The Contract Time will be 1unchanged) RITLAND+KUIPER Landscape Architects 1 1C" 1 $14L153,25 $ 12,937.50 Si 54,090,75 $2,660.00 $156,750.75 zero ( 0 ) Days Lodge Construction Waterloo Leisure Services (ONTRA(:TOlt O\VNI.12 11##°7,bi Si n;iturc Signauee S I1Oture Mark Knipe'', ASLA. 1,EED AP Steve Lodge Paul 1 -luting Page 293 of 303 CHANGE ORDER Stctc 1,04e, e, l.0.1<_c t'U11tilI UCI@n Pa 11unrtc, 1Vaierloo t.ctsure Services 0 PROJECT: Sherwood Recreation Arca. Phase 2 CO No.: 06 OWNER: City of Waterloo DATE OF ISSUANCE: 04/17/17 TO: Steve Lodge FROM: Lodge Construction RITLAND- KIl1P1":R Landscape Architects P.O. Box 459 501 Sycamore Street. Mezzanine A Clarksville. IA 50619 Waterloo. Iowa 50703 You are directed to make the following changes in this Contract: 1. Add a thickened edge to the shelter pavement. Lodge Construction and Todd VanDorn Construction believe that a thickened edge around the perimeter of the shelter slab would protect the slab from undermining during site flooding. TOTAL ADD TO CONTRACT S 800.00 Attachments: 2017.04.17 Estimate From Lodge Construction Not valid until signed by both the Owner and Architect, Sie,naturc of the Contractor indicates his aQreeincnt herewith. including any adjustment in the Contract sunt or Contract time. The original Contract Sunt was $141,153.25 Net change by previously authorized Change Orders $ 15.597.50 The C uritrati;l Sum prior to this Change Order was $ 156,750.75 The Contract ntract Stmt will be t increased) by this Change Order $800.00 The new Contract Suis including this Change Order will be $157.550,75 The Contract Time will be (unchanged) zero ( 0 ) Days Rl'I LAND+KUIPER Landscape Architects AR(.'I IrT€iCl 4% Lodge Construction Waterloo Leisure Services CONTRACTOR o11`NFR -t. Signature % Signature Mark Kuiper, ASI..A. ',FED AP Steve Lodge Signature Paul [luting • --Page 294 of 303 CITY OF WATERLOO Council Communication Leisure Services Commission Minutes of February 14, 2017. City Council Meeting: 4/24/2017 Prepared: REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 4/17/2017 - 1:12 PM Clerk Office Even, LeAnn Approved 4/18/2017 - 10:59 AM ATTACHMENTS: Description Type D 2/14/2017 minutes Backup Material SUBJECT: Leisure Services Commission Minutes of February 14, 2017. Submitted by: Submitted By: Page 295 of 303 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, February 14, 2017 Leisure Services Office 1101 Campbell Avenue Chairman Julie Koch-Hoth called the meeting to order at 7:30am. Present: Julie Koch-Hoth, Megan Hannam, Nancy Bamsey, Don Huff, Jerome Amos. Staff: Paul Huting, Bill Bachman, Todd Derifield, Chris Dolan, JB Bolger, Mark Gallagher, Travis Nichols. Also attending Wayne Swarts, Lorne Lee, Kevin Hagen and Wes James. Absent: Marvin Spencer, Sharon Samec, Brenton Shavers and Steve Schmitt. Koch-Hoth called for approval of the agenda. Motion to approve agenda by Nancy Bamsey, second by Don Huff. Ayes: All. Nays: None Koch-Hoth called for approval of the 01/10/2017 meeting minutes. Motion by Megan Hannam, second by Nancy Bamsey to approve the minutes. Ayes: All. Nays: None Koch-Hoth called for approval of the bills. Questions were answered. Motion by Don Huff, second by Megan Hannam to approve the bills. Ayes: All. Nays: None Standing Committee Reports None Travis Nichols said the Highland Park Project is on hold. He is working with Community Development for a waiver due to the volunteer work being provided by the UNI Football Team. Trail Blazers Agreement for Riverview The Trail Blazers Off Road Club is requesting to enter into a modified User/Maintenance Agreement for the Riverview Recreation Area. The change in the Agreement would allow the use of larger, heavier side by side vehicles in the park. The club is also requesting the term of the agreement be extended 20 years from the new date of the Agreement. Club members were in attendance to present both sides of the changes requested. After discussion, a motion was made by Don Huff to move the request forward to City Council with a clause added to allow the larger side by side vehicles in the park on a one year trial basis, second by Megan Hannam. Ayes: All. Nays: None. STAFF UPDATES Paul Huting — This is the last meeting for Julie Koch-Hoth, her term is expired. Julie was thanked for her leadership during the time she has served on this board. The Mayor has selected Brenda Durbahn, as a new board member. She will be appointed at the Council meeting on February 27, 2017. Her first term will expire on 3/1/2020. Re -appointments will be made for Megan Hannam and Brenton Shavers. Their second terms will expire 3/1/2020. Page 296 of 303 Forestry — Todd Derifield We continue with ash tree removals. We finished removing 160 ash trees at the Iry Warren Golf Course. We will be taking bids on the sale of the ash logs. Finance has approved the income from the sale of logs to be used to purchase trees to replace the ash trees removed. Golf and Downtown Area — JB Bolger With the warmer temperatures and warm forecast, we are checking out the golf courses daily to see if/when the courses can be opened. We will be planting 119 trees at Iry Warren Course in the spring. We will be contracting the stump removal on the golf courses, with extra considerations for the golf turf. Young Arena — Chris Dolan The high school hockey team just finished their regular season. They are 3rd seed at the state tournament. The Black Hawks have many home games coming up. The AAU wrestling tournament will be held March 4th and 5th. The event will have over 1,000 wrestlers, many overnight stays in the City. Chris expressed concerns over the parking situation in the downtown area. The increased activity in the downtown area is great, but the parking situation needs to be addressed. Sports and SportsPlex — Mark Gallagher Wrapping up basketball, working on hiring summer staff. Volleyball tournaments are on the schedule along with VGM facility rental for their employees. SportsPlex memberships are at 2,660. The next regular Leisure Services Commission Meeting will be held Tuesday, March 14, 2017 at the Cedar Valley SportsPlex. Koch-Hoth asked for motion to adjourn. Motion by Nancy Bamsey to adjourn, second by Megan Hannam. Meeting adjourned at 9:07am. Nancy Bamsey, Secretary Signed this Date Page 297 of 303 CITY OF WATERLOO Council Communication Leisure Services Commission Minutes of March 14, 2017. City Council Meeting: 4/24/2017 Prepared: REVIEWERS: Department Reviewer Action Date Leisure Services Huting, Paul Approved 4/17/2017 - 1:13 PM Clerk Office Even, LeAnn Approved 4/18/2017 - 10:59 AM ATTACHMENTS: Description Type D 3/14/2017 Minutes Backup Material SUBJECT: Leisure Services Commission Minutes of March 14, 2017. Submitted by: Submitted By: Page 298 of 303 MINUTES WATERLOO LEISURE SERVICES COMMISSION TUESDAY, March 14, 2017 Cedar Valley Sports Plex 300 Jefferson Street Nancy Bamsey called the meeting to order at 7:36am. Present: Nancy Bamsey, Don Huff, Brenda Durbahn, Brenton Shavers, Councilman Jerome Amos, Councilman Pat Morrissey. Staff: Paul Huting, Bill Bachman, Todd Derifield, Chris Dolan, JB Bolger, Mark Gallagher, Travis Nichols. Absent: Marvin Spencer, Megan Hannam, Sharon Samec, and Councilman Steve Schmitt. Nancy Bamsey called for approval of the agenda. Motion to approve agenda by Don Huff, second by Brenda Durbahn. Ayes: All. Nays: None Nancy Bamsey called for approval of the 02/14/2017 meeting minutes. Motion by Don Huff, second by Brenton Shavers to approve the minutes. Ayes: All. Nays: None ELECTION OF OFFICERS Because three members were absent, election of officers will be held at the next meeting. COMMITTEE ASSIGNMENTS Board members were asked to submit their choices for committee to Bill Bachman. Nancy Bamsey called for approval of the bills. Motion by Don Huff, second by Brenton Shavers to approve the bills. Ayes: All. Nays: None Standing Committee Reports None FYE2018 Budget Update: Paul Huting — City Council approved the budget at last night's meeting. Paul provided highlights of the budget. More information will be provided at next month's meeting. Black Hawk County Deer Task Force Report — Todd Derifield presented information on the deer task force report. There are 100 hunters participating in the deer hunting within the city limits. 86 deer were harvested. This hunting helps keep the deer population within the management goal. STAFF UPDATES Travis Nichols — Crew is running garbage routes, completed some work at Gates Pro shop, working on the Exchange Concession stand. Page 299 of 303 Forestry — Todd Derifield Mowing crews were working on picking up trash before the snow. We continue with ash tree removals. We were able to sell the ash tree logs removed from the Warren Golf course and have approval to use the funds to purchase trees to be planted at the course. We are taking bids on the stump removal of 596 stumps. Golf and Downtown Area — JB Bolger Working on snow removal. Golf courses are closed again. The cross country trail was groomed for cross county skiing this week. Young Arena — Chris Dolan The AAU wrestling tournament was held March 4th and 5th, with over 1,000 wrestlers. The Greatest Spring Break Ever activities are being held this week. Battle of Waterloo hockey tournament is coming up. Black Hawks are currently in second place. Parking concerns were discussed. Sports and SportsPlex — Mark Gallagher The Greatest Spring Break Ever activities are being held this week, and laser tag for members. There have been problems with the pool heaters. Working with high schools to set up individual training programs with our trainers. Councilman Pat Morrissey requested that "walking rate special" be considered. The next regular Leisure Services Commission Meeting will be held Tuesday, April 11, 2017 at the Cedar Valley SportsPlex. Nancy Bamsey asked for motion to adjourn. Motion by Don Huff to adjourn, second by Brenton Shavers, adjourned at 8:50am. Nancy Bamsey, Secretary Signed this Date Page 300 of 303 CITY OF WATERLOO Council Communication Community Development Board Meeting Minutes April 18, 2017. City Council Meeting: 4/24/2017 Prepared: 4/19/2017 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 4/19/2017 - 11:29 AM Clerk Office Even, LeAnn Approved 4/19/2017 - 12:07 PM ATTACHMENTS: Description Type a Community Development Board meeting Minutes April Cover Memo 18, 2017 SUBJECT: Community Development Board Meeting Minutes April 18, 2017 Submitted by: Submitted By:Rudy D. Jones, Community Development Director Recommended Action: approval Page 301 of 303 MINUTES COMMUNITY DEVELOPMENT BOARD MEETING MARCH 21, 2017 The regular meeting of the Community Development Board was held in the Harold E. Getty Council Chambers at City Hall, 715 Mulberry Street, Waterloo, Iowa and called to order by Chairperson -Robert Tyson when a quorum was present at 4:00 p.m. on Tuesday, March 21, 2017. Members present: Philip Nash, Brooke Trent, Maxine Tisdale, Doreen Mingo and Robert Tyson Members absent: Jason Verbraken and Lisa Munoz Also present: Rudy Jones, Community Development Director; Anita Merfeld, Community Development Administrative Secretary; Jerome Amos, City Council; Tim Jamison, Waterloo Courier A. APPROVAL OF THE AGENDA Chairperson Robert Tyson asked for a motion to approve the amended agenda. It was moved by Tisdale, and seconded by Mingo to approve the Amended Agenda. Motion carried. B. APPROVAL OF THE MINUTES FOR THE REGULAR AND PUBLIC HEARING MEETING ON FEBRUARY 21, 2017. Chairperson Tyson requested additions or corrections to the minutes for the meeting on Tuesday, February 21, 2017. There were none. It was moved by Nash, and seconded by Tisdale to approve the minutes of the regular and public hearing meeting on February 21, 2017 as presented. Motion carried. C. OLD BUSINESS 1. Neighborhood Stabilization Program (NSP) 1003 Lafayette— Round 3 Update (March 31, 2017). Due to Habitat for Humanity's request to change the process of selling the property from the homebuyer to themselves to allow for them to pursue additional financial assistance from the Federal Home Loan Bank, we are resubmitting this request to the city council( which passed)for their review and consideration. This doesn't change the sale price or anything, but provides additional assistance to the homebuyer. The closing date has also been pushed back to accommodate everyone. 2. Update on Round 6 — Multi -Family Rental Housing Project (June 30, 2017). Grand Crossing is the last project of the 2008 Flood Recovery Funds. Jones stated the projected date of completion is June 30, 2017. The board has communicated their desire for a tour, Jones will check to see if a grand opening is being scheduled at a later date. 3. Update on Rehabilitation and Purchase — 718 Kern Street. Sale and Conveyance has been submitted to the City Council requesting a date of Public Hearing to sell and convey this unit after April 3, 2017. The purchase price is $80,000 with down payment assistance of $10,000. This has had a very positive impact on that area. Page 302 of 303 Minutes March 21, 2017 Page 2 D. NEW BUSINESS 1. Endorse Rehabilitation Contracts for February 2017. It was moved by Trent and seconded by Tisdale to endorse the rehabilitation contracts for February 2017. Motion carried. 2. Neighborhood Services Report Report included neighborhood meeting attended, Neighborhood Association mini conference, neighborhood spring clean ups, and annual music festival planned for August. 3. Reappointment of Jason Verbraken Jason has agreed to serve another 3- year term on the Community Development Board 4. Submission of Lead Grant Community Development Staff worked diligently to get the grant submitted by the deadline of March 23, 2017. The grant is a 2.3 million dollar grant that allows our department to address lead hazards. E. DISCUSSION ITEMS National Community Development Week April 17 -April 22, 2017 Discussed possible tour of Grand Crossings during National Community Development Week ADJOURN MEETING. With no further business it was moved byNash, and seconded by Trent to adjourn the meeting. Motion carried. The Chair declared the meeting adjourned. Respectfully submitted, 0-9 la me Tisdale oard Secretary Page 303 of 303