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HomeMy WebLinkAbout4/2/2012Amended Council Agenda Items Council Meeting Monday, April 2, 2011 END Change to reflex funding for mini -grant program 7. Resolution approving Convention and Visitors Bureau Board recommendations for funding nineteen (19) FYE2O13 hotel/motel tax grant applications in the ?i,\\c\\ total amount of $133,837.32 and funding for the mini -grant program in the amount of $20,162.68. Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau tastckiii # 6( 13-7r1100 THE CITY COUNCIL OF THE CITY OF WATERLOO, -a7IOW IOWA, REGULAR SESSION TO BE HELD AT THE G CITY HALL COUNCIL CHAMBERS, 5:30 P.M. I e0 C3k_O MONDAY, APRIL 2, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. 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. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to. address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Sheryl McGovern, Library Director. April 2, 2012 Page 2 Agenda, as proposed or amended. Minutes of March 26, 2012, Regular Session, as proposed. Proclamation declaring April 2010 as Fair Housing Month (Kathy Albert, President of the Waterloo Cedar Falls Board of Realtors & Carol Deeds, Chair of Fair Housing) Recognition of April Team Member of the Month - Mike Guild. 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, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees: 3. t%)/ Address Amount to certify 1929 East 4th Street $1,200.00 339 Adams Street $3,250.00 415 Peek Street $2,150.00 1022 Ash Street $2,340.00 1934 Washington Street $9,300.00 Submitted by Dennis Clark, General Manager of Waterloo Water Works Request of Dr. Walter Cunningham School of Excellence to hold Cunningham 5K Walk/ Run event to be held at Dr. Walter Cunningham School of Excellence on Saturday, April 28, 2012 from 9:00 a.m to 10:00 a.m., together with approval of Director of Safety Services. 4. Request of Waterloo Business and Professional Women for a variance to the Noise Ordinance to hold Equal Pay Day Rally event to be held at Lincoln Park 615 on Tuesday, April 17, 2012 from 3:00 p.m to 5:30 p.m., including a band and the use of a PA system, together with approval of Director of Safety Services. April 2, 2012 Page 3 5. Request of Financial Resource Advisors for a variance to the Noise Ordinance to hold FRA Car Show event to be held at 816 West Tower Park Drive on s1,1 Saturday, June 9, 2012 from 4:00 p.m to 9:00 p.m., including a DJ and the use of a PA system, together with approval of Director of Safety Services. 6. Request of George Wyth State Park for an exception to burning yard waste to burn approximately 10 acres of prairie grass located between Wyth Lake and p5 the main park road; and 3 acres of prairie grass located at the far west end of the park near the Lodge during the time period of April -May 2012, together with recommendation of approval of the Chief of Fire Services. 7. Request of Hawkeye Community College for an exception to burning yard waste to bum 1.5 acres of prairie grass located east of Hawkeye Center and Campus ��y .E View Drive; and 6 acres of prairie grass located north of Arboretum Drive west y of Hess Road during the time period of March -May 2012, together with recommendation of approval of the Chief of Fire Services. b. Motion to approve the following: Class B Beer License Permit Application 1. South Hills Golf Course, 1830 E. Shaulis Road (Renewal) (Expires 3/31/2013) (Includes Sunday Sales) Class B Liquor License Permit Application 2. The Isle Casino Hotel Waterloo, 777 Isle of Capri Boulevard (Renewal) (Expires 4/30/2013) (Includes Sunday Sales) Class C Liquor License Permit Application 3. J's R & B Lounge, 501 Independence Avenue (Renewal) (Expires 4/ 6/2013) (Includes Sunday Sales) 4. Babe's Tap, 210 Division Street (Renewal) (Expires 3/ 14/2013) (Includes Sunday Sales) 5. Fortunes, 328 Elm Street (Renewal) (Expires 3/27/2013) (Includes Sunday Sales) Outdoor Service Area Application 6, Jameson's Public House, 310 East 4th Street 7. South Hills Golf Course, 1830 E. Shaulis Road 8. The Isle Casino Hotel Waterloo, 777 Isle of Capri Boulevard 9. Fortunes, 328 Elm Street Fireworks Display Application 10. Request of The VGM Group for The Heartland Conference 2012 taking place at 1111 W. San Marnan Drive -SW field on June 4, 2012. 11. Bonds April 2, 2012 Page 4 12. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/ Commission Expiration Date New or Re - Appointment Bonetta Culp Civil Service Commission April 1, 2018 Reappointment c. Motion to deny the following: 1. Request of Phillip N. Destival to burn large brush piles (includes tree limbs, branches, tree stumps, etc.) located at 4026 Hess Road during the time period of April 9, 2012, together with recommendation of denial of the Chief of Fire Services. APPEALS 2. Appeal of Andrew Peterson regarding taxi -cab driver denial RESOLUTIONS Resolution approving submission of Black Hawk Gaming grant in the amount of $222,459.00 to be used for a three phased public art project. Submitted by Cammie Scully, Waterloo Cultural and Arts Commission Director Resolution approving submission of Iowa Department of Transportation USTEP grant in the amount of $16,115.00, with city's portion in the amount of $13,185.00, to be used for the installation of solar powered radio controlled advance end of green flashing beacons on the U.S. 63 southbound approach to Airline Highway. Submitted by Sandie Greco, Traffic Operations Superintendent 5. Resolution approving submission of Black Hawk Gaming grant in the �Gl amount of $150,000.00 to be used to purchase a central traffic signal control system. Submitted by Sandie Greco, Traffic Operations Superintendent 6. Resolution approving Convention and Visitors Bureau Board recommendations for funding the following hotel motel tax mini -grant request: Iowa Auto Recyclers in the amount of $3,000.00 for Iowa Auto i‘(‘1).-6-/\° Recyclers Summer Outing 2012 event on June 8-9, 2012. Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau 10. 12. 3. 2 2012 Page 5 Resolution approving Convention and Visitors Bureau Board ,ecommendations for funding nineteen (19) FYE2013 hotel/motel tax grant pplications in the total amount of $133,837.32. Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau Resolution approving agreement with Waterloo Water Works for Water Main Replacement in conjunction with F.Y. 2012 Street Reconstruction Program, Contract No. 819; and authorize Mayor and City Clerk to execute said document. Submitted by Dennis Gentz, P.E., Assistant City Engineer Moti n approving Change Order No. 3 for a net increase of $75,713.40 for work performed by Aspro, Inc. of Waterloo, Iowa in conjunction with F.Y. 2011 Asphalt Overlay Program, Contract No. 796; and authorize Mayor and City Clerk to execute said document. Submitted by Jamie Knutson, P.E., Associate Engineer Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. of Waterloo, Iowa at a total cost of $3,938,896.59 in conjunction with F.Y. 2011 Asphalt Overlay Program, Contract No. 796, and receive and file two-year maintenance bond. Submitted by Eric Thorson, P.E., City Engineer Resolution approving agreement with Heilman of Waterloo, Iowa in the amount of $62,440.00 for another year of traffic safety education and capital campaign; and authorize Mayor and City Clerk to execute said document. Submitted by Sandie Greco, Traffic Operations Superintendent Resolution to fix date of hearing as April 16, 2012 on the issuance of not to exceed $800,000.00 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of the Urban Renewal Plan for the Downtou n Waterloo Urban Renewal and Redevelopment Plan Area and Chapter 403 of the Code of Iowa, including the acquisition of properties for publ4c and private redevelopment; and authorize City Clerk to publish notice q; ' same. Submitted by Michelle Weidner, Chief Fin.Financial Officer Resolution setting the date of hearing as April 16, 2012 to receive and approve Plans and Specifications for the construction of the Cedar Valley SportsPlex facility and providing for publication of the notice thereof. Submitted by Mayor Buck Clark April 2, 2012 14. Page 6 Resolution setting the date of hearing as April 16, 2012 for the approval to authorize a lease purchase agreement between the City of Waterloo and the Waterloo Development Corporation for the pukpose of acquiring ar multi -use recreational and athletic facility complex to be known as the Cedar Valley SportsPlex and providing f publication of the notice thereof. Submitted by Mayor Buck Clark Resolution approving setting date of hearing as Aril 16, 2012 to sell and convey real property for the Cedar Valley Spffrtsplex generally located between West 1st Street and West 3rd Street, between Washington Street and Jefferson Street to the Waterloo Development Corporation for $1. *0, subject to the retention of a utility easement over, under and upoaa the portion of vacated Washington Street. Submitted by Aric Schroeder, City Planner Resolution approving request for temp rary parking to be allowed on they North Side of the 2900 to 3100 blocks of West Shaulis Road. Submitted by Sandie Greco, Superintendent of Traffic Operations ORDINANCES 17. Ordinance Change - No Parking Except Frriday, Saturda j and Sunday rom 1 2: 00 Noon to 10:00 0.m. on the North side o the 2 0 block i. f Wellington Street Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by adding Section 5801;, No parking except Friday, Saturday and Sunday from 12:00 noon to 1(t:00 p.m. Motion suspending the rules. \09\ C Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Sandie Greco, Traffic Operations Superintendent 18. Ordinance Change - No Parking This Side on the West side of the 700 Block of Rhey Street lvd'• tion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by repealing Subsection (331) Rhey Street of Section 551, Parking prohibited at all times on certin street; and enacting in lieu there of a new Subsection (331) Rhey Street of Section 551, Parking prohibited at all times on certain streets Motion suspending the rules. /50 Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Sandie Greco, Traffic Operations Superintendent c April 2, 2012 Page 7 OTHER COUNCIL BUSINESS 19. Traffic Communications Infrastructure Upgrade - Fiber Optics Phase I-1 Motion tr* instruct Traffic Operations Superintendent to prepare plans, / specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. 14'36 Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as May 7, 2012; and ,IX/301 instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Sandie Greco, Traffic Operations Superintendent 20. Conversion of the City -Wide 2 -Way Radio System ,�lrfioti< n to instruct Public WrRrksirector to prepare specifications, bid document, etc. Moti n to receive and file specifications, bid document, etc. - Resolution preliminarily appy. wing specifications, bid document, etc. Resolution setting date of hearing and bid opening as May 7, 2012; an � instruct City Clerk to publish notice of sl iecifications, bid dlcument, etc. Y"V and taking of bids. Submitted by Mark Rice, Public Works Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, April 2, 2012 4:50 p.m. - Boards and Commissions Committee, Council Chambers 4:55 p.m. - Building and Grounds Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Board of Waterloo Water Works Trustees meeting minutes of March 21, 2012 on file in the City Clerk's office. April 2, 2012 Page 8 CONTRACT PAYMENT SCHEDULE 1. F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 8 to AECOM in the total amount due of $4,842.82 2. F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808 Pay estimate No. 8 to AECOM in the total amount due of $1,298.57 3. Dry Run Creek Study Liberty Park to Outlet at Cedar River Payment to AECOM in the total amount due of $17,914.63 4. F.Y. 2010 Downtown Way finding Signage, Contract No. 783 Payment to Signs & Designs in the total amount due of $996.00 THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE CITY HALL COUNCIL CHAMBERS, 5:30 P.M. MONDAY, APRIL 2, 2012 CITY OF WATERLOO GOALS 1. Support economic development efforts that attract, retain and create quality jobs resulting in a diverse economic base and increased population. 2. Continue to support implementation of the Downtown Master Plan. 3. Facilitate and promote the development of housing options to meet the needs of current and future Waterloo citizens. 4. Develop a customer -centered service delivery approach. 5. Seek additional opportunities to share services and resources with other government entities. 6. Collaborate with statewide elected officials to reduce the burden on local property taxes. 7. Address the changing public workforce needs in Waterloo. 8. Enhance and protect a diverse, family-oriented community where neighborhoods are safe and well maintained. 9. Enhance the quality of place opportunities for the citizens of our community. General Rules for Public Participation 1. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tern) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. A speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 2. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to. address the council, using the same participation guidelines found in these "general rules". 4. You may speak one (1) time per item for a maximum of three (3) minutes. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 5:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Roll Call. Moment of Silence. Pledge of Allegiance: Sheryl McGovern, Library Director. Apn12, 2012 Page 2 Agenda, as proposed or amended. Minutes of March 26, 2012, Regular Session, as proposed. Proclamation declaring April 2010 as Fair Housing Month (Kathy Albert, President of the Waterloo Cedar Falls Board of Realtors & Carol Deeds, Chair of Fair Housing) Recognition of April Team Member of the Month - Mike Guild. 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, Schedule AP642, a copy of which is on file in the office of the City Clerk. 2. Request to certify the following assessments to properties for work performed by the Water Works, together with recommendation of approval of Board of Water Works Trustees: Address Amount to certify 1929 East 4th Street $1,200.00 339 Adams Street $3,250.00 415 Peek Street $2,150.00 1022 Ash Street $2,340.00 1934 Washington Street $9,300.00 Submitted by Dennis Clark, General Manager of Waterloo Water Works 3. Request of Dr. Walter Cunningham School of Excellence to hold Cunningham 5K Walk/ Run event to be held at Dr. Walter Cunningham School of Excellence on Saturday, April 28, 2012 from 9:00 a.m to 10:00 a.m., together with approval of Director of Safety Services. 4. Request of Waterloo Business and Professional Women for a variance to the Noise Ordinance to hold Equal Pay Day Rally event to be held at Lincoln Park on Tuesday, April 17, 2012 from 3:00 p.m to 5:30 p.m., including a band and the use of a PA system, together with approval of Director of Safety Services. April 2, 2012 Page 3 5. Request of Financial Resource Advisors for a variance to the Noise Ordinance to hold FRA Car Show event to be held at 816 West Tower Park Drive on Saturday, June 9, 2012 from 4:00 p.m to 9:00 p.m., including a DJ and the use of a PA system, together with approval of Director of Safety Services. 6. Request of George Wyth State Park for an exception to burning yard waste to burn approximately 10 acres of prairie grass located between Wyth Lake and the main park road; and 3 acres of prairie grass located at the far west end of the park near the Lodge during the time period of April -May 2012, together with recommendation of approval of the Chief of Fire Services. 7. Request of Hawkeye Community College for an exception to burning yard waste to burn 1.5 acres of prairie grass located east of Hawkeye Center and Campus View Drive; and 6 acres of prairie grass located north of Arboretum Drive west of Hess Road during the time period of March -May 2012, together with recommendation of approval of the Chief of Fire Services. b. Motion to approve the following: Class B Beer License Permit Application 1. South Hills Golf Course, 1830 E. Shaulis Road (Renewal) (Expires 3/31/2013) (Includes Sunday Sales) Class B Liquor License Permit Application 2. The Isle Casino Hotel Waterloo, 777 Isle of Capri Boulevard (Renewal) (Expires 4/30/2013) (Includes Sunday Sales) Class C Liquor License Permit Application 3. J's R & B Lounge, 501 Independence Avenue (Renewal) (Expires 4/6/2013) (Includes Sunday Sales) 4. Babe's Tap, 210 Division Street (Renewal) (Expires 3/ 14/2013) (Includes Sunday Sales) 5. Fortunes, 328 Elm Street (Renewal) (Expires 3/27/2013) (Includes Sunday Sales) Outdoor Service Area Application 6. Jameson's Public House, 310 East 4th Street 7. South Hills Golf Course, 1830 E. Shaulis Road 8. The Isle Casino Hotel Waterloo, 777 Isle of Capri Boulevard 9. Fortunes, 328 Elm Street Fireworks Display Application 10. Request of The VGM Group for The Heartland Conference 2012 taking place at 1111 W. San Maman Drive -SW field on June 4, 2012. 11. Bonds April 2, 2012 Page 4 12. Motion to receive and file Mayor Clark's recommendation of the following appointments: Appointee Board/ Commission Expiration Date New or Re- Appointment Bonetta Culp Civil Service Commission April 1, 2018 Reappointment c. Motion to deny the following: 1. Request of Phillip N. Destival to burn large brush piles (includes tree limbs, branches, tree stumps, etc.) located at 4026 Hess Road during the time period of April 9, 2012, together with recommendation of denial of the Chief of Fire Services. APPEALS 2. Appeal of Andrew Peterson regarding taxi -cab driver denial RESOLUTIONS 3. Resolution approving submission of Black Hawk Gaming grant in the amount of $222,459.00 to be used for a three phased public art project. Submitted by Cammie Scully, Waterloo Cultural and Arts Commission Director 4. Resolution approving submission of Iowa Department of Transportation USTEP grant in the amount of $16,115.00, with city's portion in the amount of $13,185.00, to be used for the installation of solar powered radio controlled advance end of green flashing beacons on the U.S. 63 southbound approach to Airline Highway. Submitted by Sandie Greco, Traffic Operations Superintendent 5. Resolution approving submission of Black Hawk Gaming grant in the amount of $150,000.00 to be used to purchase a central traffic signal control system. Submitted by Sandie Greco, Traffic Operations Superintendent 6. Resolution approving Convention and Visitors Bureau Board recommendations for funding the following hotel/motel tax mini -grant request: Iowa Auto Recyclers in the amount of $3,000.00 for Iowa Auto Recyclers Summer Outing 2012 event on June 8-9, 2012. Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau April 2, 2012 Page 5 7. Resolution approving Convention and Visitors Bureau Board recommendations for funding nineteen (19) FYE2013 hotel/motel tax grant applications in the total amount of $133,837.32. Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau 8. Resolution approving agreement with Waterloo Water Works for Water Main Replacement in conjunction with F. Y. 2012 Street Reconstruction Program, Contract No. 819; and authorize Mayor and City Clerk to execute said document. Submitted by Dennis Gentz, P.E., Assistant City Engineer 9. Motion approving Change Order No. 3 for a net increase of $75,713.40 for work performed by Aspro, Inc. of Waterloo, Iowa in conjunction with F. Y. 2011 Asphalt Overlay Program, Contract No. 796; and authorize Mayor and City Clerk to execute said document. Submitted by Jamie Knutson, RE., Associate Engineer 10. Resolution approving Completion of Project and Recommendation of Acceptance of Work performed by Aspro, Inc. of Waterloo, Iowa at a total cost of $3,938,896.59 in conjunction with F. Y. 2011 Asphalt Overlay Program, Contract No. 796, and receive and file two-year maintenance bond. Submitted by Eric Thorson, P.E., City Engineer 11. Resolution approving agreement with Hellman of Waterloo, Iowa in the amount of $62,440.00 for another year of traffic safety education and capital campaign; and authorize Mayor and City Clerk to execute said document. Submitted by Sandie Greco, Traffic Operations Superintendent 12. Resolution to fix date of hearing as April 16, 2012 on the issuance of not to exceed $800,000.00 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of the Urban Renewal Plan for the Downtown Waterloo Urban Renewal and Redevelopment Plan Area and Chapter 403 of the Code of Iowa, including the acquisition of properties for public and private redevelopment; and authorize City Clerk to publish notice of same. Submitted by Michelle Weidner, Chief Financial Officer 13. Resolution setting the date of hearing as April 16, 2012 to receive and approve Plans and Specifications for the construction of the Cedar Valley SportsPlex facility and providing for publication of the notice thereof Submitted by Mayor Buck Clark April 2, 2022 Page 6 14. Resolution setting the date of hearing as April 16, 2012 for the approval to authorize a lease purchase agreement between the City of Waterloo and the Waterloo Development Corporation for the purpose of acquiring a multi -use recreational and athletic facility complex to be known as the Cedar Valley SportsPlex and providing for publication of the notice thereof Submitted by Mayor Buck Clark 15. Resolution approving setting date of hearing as April 16, 2012 to sell and convey real property for the Cedar Valley Sportsplex generally located between West 1st Street and West 3rd Street, between Washington Street and Jefferson Street to the Waterloo Development Corporation for $1.00, subject to the retention of a utility easement over, under and upon the portion of vacated Washington Street. Submitted by Aric Schroeder, City Planner 16. Resolution approving request for temporary parking to be allowed on the North Side of the 2900 to 3100 blocks of West Shaulis Road. Submitted by Sandie Greco, Superintendent of Traffic Operations ORDINANCES 17. Ordinance Chan - No Parkin. Excet Frida Saturda and Sunda from 12:00 Noon to 10:00 p.m. on the North side of the 200 block of Wellington Street Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by adding Section 580B, No parking except Friday, Saturday and Sunday from 12:00 noon to 10:00 p.m. Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Sandie Greco, Traffic Operations Superintendent 18. Ordinance Change - No Parking This Side on the West side of the 700 Block of Rhey Street Motion to receive, file, consider and pass for the first time an Ordinance amending the 2008 Traffic Code by repealing Subsection (331) Rhey Street of Section 551, Parking prohibited at all times on certain street; and enacting in lieu there of a new Subsection (331) Rhey Street of Section 551, Parking prohibited at all times on certain streets Motion suspending the rules. Motion to consider and pass for the second and third time and adopt ordinance. Submitted by Sandie Greco, Traffic Operations Superintendent April 2, 2012 Page 7 OTHER COUNCIL BUSINESS 19. Traffic Communications Infrastructure Upgrade - Fiber Optics Phase I-1 Motion to instruct Traffic Operations Superintendent to prepare plans, specifications, form of contract, etc. Motion to receive and file plans, specifications, form of contract, etc. Resolution preliminarily approving plans, specifications, form of contract, etc. Resolution setting date of hearing and bid opening as May 7, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. Submitted by Sandie Greco, Traffic Operations Superintendent 20. Conversion of the City -Wide 2 -Way Radio System Motion to instruct Public Works Director to prepare specifications, bid document, etc. Motion to receive and file specifications, bid document, etc. Resolution preliminarily approving specifications, bid document, etc. Resolution setting date of hearing and bid opening as May 7, 2012; and instruct City Clerk to publish notice of specifications, bid document, etc. and taking of bids. Submitted by Mark Rice, Public Works Director ORAL PRESENTATIONS Motion to receive and file oral comments. ADJOURNMENT Motion to adjourn. Suzy Schares City Clerk MEETINGS Monday, April 2, 2012 4:50 p.m. - Boards and Commissions Committee, Council Chambers 4:55 p.m. - Building and Grounds Committee, Council Chambers 5:00 p.m. - Finance Committee, Council Chambers PUBLIC INFORMATION 1. Board of Waterloo Water Works Trustees meeting minutes of March 21, 2012 on file in the City Clerk's office. April 2, 2012 Page 8 CONTRACT PAYMENT SCHEDULE 1. F.Y. 2011 Cattle Congress Storm Water Pump Station, Contract No. 801 Pay estimate No. 8 to AECOM in the total amount due of $4,842.82 2. F.Y. 2011 River Renaissance Upper Plaza, Contract No. 808 Pay estimate No. 8 to AECOM in the total amount due of $1,298.57 3. Dry Run Creek Study Liberty Park to Outlet at Cedar River Payment to AECOM in the total amount due of $17,914.63 4. F. Y. 2010 Downtown Way finding Signage, Contract No. 783 Payment to Signs & Designs in the total amount due of $996.00 CIG -18 STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned, do hereby certify that I am now and was at the times hereinafter mentioned, the duly qualified and acting Clerk of the City of Waterloo, in the County of Black Hawk, State of Iowa, and that as such Clerk and by full authority from the Council of said City, I have caused a NOTICE OF MEETING OF THE COUNCIL OF THE CITY OF WATERLOO, IOWA, ON THE MATTER OF THE PROPOSED ISSUANCE OF NOT TO EXCEED $800,000 GENERAL OBLIGATION BONDS (FOR ESSENTIAL CORPORATE PURPOSES) OF SAID CITY, AND THE HEARING ON THE ISSUANCE THEREOF of which the clipping annexed to the publisher's affidavit hereto attached is in words and figures a correct and complete copy, to be published as required by law in the Waterloo Courier, a legal newspaper published at least once weekly, printed wholly in the English language, published regularly and mailed through the post office of current entry for more than two years and which has had for more than two years a bona fide paid circulation recognized by the postal laws of the United States, and has a general circulation in the City, and that said Notice was published in said newspaper in all of the issues thereof published and circulated on the following date: April 12, 2012 WITNESS my official signature at Waterloo, Iowa, this 2nd day of April, 2012. (SEAL) 00853707-1\11310-095 Suzy Schare$, City Clerk STATE OF IOWA, } Black Hawk County, SS NOTICE OF MEETING OFTHE COUN- CIL OF THE CITY OF WATERLOO IO- WA, ON THE MATTER OF THE PRO- POSED RO POSED ISSUANCE OF NOT TO EX - GEED $800,000 GENERAL OBLIGA- TION BONDS (FOR ESSENTIAL COR- PORATE PURPOSES) OF SAID C TY, AND THE HEARING ON THE ISSU- ANCE THEREOF PUBLIC NOTICE Is hereby given that the Council of the CltyofWaterloo Iowa, will hold a public hearing on the 16th day ofAprll 2012, x15:30 o'clock P.M., In the: Council Chambers, City Hall, Water oo, Iowa, at which meeting the Council pro" poses to take additional action for them. Issuance of not to exceedor essential ,000'r General Obligation Bonds for corporate purposes of said City, the pro coeds of which bons will be ised to provide funds to pay costs of aiding In the planning, undertaking and carrying out of urban renewal project activit es under the authority of the Urban Renew al Plan for the Downtown Waterloo Ur- ban Renewal and Redevelopment P an Area and Chapter 903 ofthe Code ofo we, including the acquisition of proper -1 ties for public andeting the At the above meeting the Counns from shall receive oral Cr written objections fro any resident or property owner of said City to the aboveeaction After all objec- tions have been received and ..'. ered, the Counciiwlll al this meetinging oral aacnandjfoour rtnhme esnthaenrceeofoftaskaed abdodndanoarl will abandon the proposal to Issue said'. bonds This noticels given by orderofthe Coun- cil of Waterloo. Iowa, as provided by Section 3$2n.2d5 doafythoe City,C20d1e2 o fiowa Suzy s '.. City Clerk of Waterloo,Iowa I do solemnly swear that the annexed copy of the legal publication for the City of Waterloo Proposed $800,000 Notice was published in the Waterloo -Cedar Falls Courier, a daily newspaper printed in Waterloo, Black Hawk County, Iowa, once on the 12th of April, 2012 in the issue of April 12, 2012 Of said newspaper, and that the annexed legal rate of advertised is the regular rate of said newspaper, and that the following is a correct bill for publishing said notice. Printer's Bill $20.05 Subscribed answorn to before me this Day of I A.D., 20 /G\ Received of Notary Public the sum of Dollars. In full for publication of the above notice. March 26, 2012 The Council of the City of Waterloo, Iowa, met in Regular Session at City Hail Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, March 26, 2012. Mayor Ernest G. Clark in the Chair. Roll Call: Cole, Getty, Jones, Greenwood, Schmitt, Welper, Hart: Moment of Silence. Pledge of Allegiance: Dennis Clark, General Manager Waterloo Water Works. 137643 - Hart/Schmitt that the Agenda, as amended adding an additional party to item #20; for the Regular Session on Monday, March 26, 2012, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 137644 - Hart/Schmitt 137645 that the Minutes, as proposed, for the March 7, 2012,. Budget 2012, Special Session; March 19, 2012, -Regular Session, approved. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA Hart/Schmitt Hearing; March 15, be accepted and that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Schedule AP642, pp. 1-41, dated March 26, 2012, in the amount of $2,529,062.32, a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance. Committee. b. Resolution adopted and upon approval by Mayor assigned No. 2012-251. 2. Request of Paul Wonderly for tax exemptions on improvements totaling $475,000.00 for property located at 622-628 Ansborough Avenue and located in the Consolidated Urban Revitalization Area -Submitted by Chris Western, Planner II. Resolution adopted and upon approval by Mayor assigned No. 2012-252. 3. Request of Ivan Wieland of Screaming Eagle American Bar & Grill, 228 East 4th Street, for a variance to the Noise Ordinance and permission to close a portion of Lafayette Street (between 4th & 5th Streets) starting Thursday, April 5, 2012 and each Thursday through October 2012 from 5:00 p.m. to 11:00 p.m. in conjunction with Bike Night event, including a band and the use of a PA system, together with recommendation of approval of Director of Safety Services. Resolution adopted and upon approval by Mayor assigned No. 2012-253. 4. Request of Deacon 2109 Falls Avenue, from 3:00 p.m. to Anniversary event the use of a PA Director of Safety Michael E. Lien of New Living Hope Apostolic Church, for a variance to the Noise Ordinance on April 7, 2012 7:00 p.m. in conjunction with Church Convention 3 year to be held at 2109 Falls Avenue, including a band and system, together with recommendation of approval of Services. Resolution adopted and upon approval by Mayor assigned No. 2012-254. Motion to approve the following: 1. Travel Requests Name & Title of Personnel Class/Meeting Destination Date(s) Amount not to Exceed Rehl-Mason City PD, Anderson - Clear Lake PD LEIN Criminal Intelligence Course Johnston, Iowa April 2- 13, 2012 $1,600.00 March 26, 2012 Page 2 2. 3. 4. 5. 6. Capt. Pillack, Sgt. Feaker, Investigator Saunders, Todd Wilson, Inv. Berry, Officer Roberts, Bellis - CFPD Multi -State Conference Dubuque, Iowa May 2-4, 2012 $2,231.36 Sgt. Fangman, Officer's Savage, Frein, Roberts, Muhlenbruch, Watson, Sadd, Ladage (CFPD), and Jeager (UNI) Midwest Gang Wisconsin Dells, Wisconsin May 20- 23, 2012 $5,356.00 Officer's Hundley, Jurgenson, and Wilson Advanced Vehicle Contraband and Concealment Johnston, Iowa April 5- 6, 2012 $180.00 Pat Treloar, Fire Chief IA Assoc of Professional Chiefs Spring Conference Ames, Iowa April 10-11, 2012 $175.00 Officer Walter & Bovy Police Motorcycle Training Moline, Illinois April 14-16, 2012 $676.00 7. Recommendation of appointment of Benjamin Wagner to the position of Draftsperson, effective March 27, 2012 -Submitted by Eric Thorson, P.E., City Engineer Class C Beer License Permit Application 8. Cork's Grocery, 1956 Lafayette Street (Renewal) (Expires 4/30/13) (Includes Sunday Sales) 9. New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 4/15/13) (Includes Sunday Sales) 10.Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/13) (Includes Sunday Sales) Class E Liquor License Permit Application 11.New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 4/15/13) (Includes Sunday Sales) 12.Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/13) (Includes Sunday Sales) Class B Wine License Permit Application 13.New Star Liquor, 1309 Lafayette Street (Renewal) (Expires 4/15/13) (Includes Sunday Sales) 14.Sycamore Convenience, 617-619 Sycamore Street (Renewal) (Expires 3/11/13) (Includes Sunday Sales) Cigarette Permit Application 15.Demi's Blue Martini Lounge, 728 Commercial Street 16.Bonds Roll call vote -Ayes: Seven. Motion carried. Mr. Schmitt abstained from the bills payment to Schmitt Telecom. Mayor Clark recognized and welcomed Benjamin Wagner to the position of Draftsperson. March 26, 2012 Page 3 PUBLIC HEARINGS 137646 - Hart/Welper that proof of publication of notice of public hearing on Request of Mobile Money Inc. for the vacation, sale and conveyance of approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over, under and upon all, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137647 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Welper that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137648 - Hart/Welper that "an Ordinance vacating approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over under and upon all in conjunction with Request of Mobile Money Inc. for the vacation, sale and conveyance of approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over, under and upon all", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137649 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137650 Hart/Welper that "an Ordinance vacating approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over under and upon all in conjunction with Request of Mobile Money Inc. for the vacation, sale and conveyance of approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over, under and upon all", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5100. March 26, 2012 Page 4 137651 - Hart/Welper that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Request of Mobile Money Inc. for the vacation, sale and conveyance of approximately 14.5 foot by 300 foot portion of West 9th Street located between Jefferson Street and Bluff Street, with the portion located between Bluff Street and the alley located in Block 44 of the Original Plat of Waterloo West to be conveyed to Mobile Money Inc. for $750.48 and the portion located between the alley located in Block 44 of the Original Plat of Waterloo West and Jefferson Street to be retained by the City of Waterloo, subject to a condition that Mobile Money Inc. remove the sidewalk located within the area to be vacated and subject to city's retention of a permanent utility easement over, under and upon all", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-255. 137652 - Schmitt/Greenwood that proof of publication of notice of public hearing on Rezone from approximately 0.34 acres from "C -P" Planned Commercial District to "R -4,R -P" Planned Residence District, property located at 820 Sycamore Street for construction of a multi -family housing development, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137653 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Greenwood that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137654 - Schmitt/Greenwood that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Rezone from approximately 0.34 acres from "C -P" Planned Commercial District to "R -4,R -P" Planned Residence District, property located at 820 Sycamore Street for construction of a multi- family housing development", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137655 - Schmitt/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137656 - Schmitt/Greenwood that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Rezone from approximately 0.34 acres from "C -P" Planned Commercial District to "R -4,R -P" Planned Residence District, property located at 820 Sycamore Street for construction of a multi- family housing development", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5101. 137657 - Getty/Hart that proof of publication of notice of public hearing on Rezone approximately 1,710 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located north of 1019 South Street to legalize an existing parking area for the adjacent Kwik Star store, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137658 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. March 26, 2012 Page 5 137659 - Getty/Hart that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Rezone approximately 1,710 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located north of 1019 South Street to legalize an existing parking area for the adjacent Kwik Star store", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137660 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137661 - Getty/Hart that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Rezone approximately 1,710 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located north of 1019 South Street to legalize an existing parking area for the adjacent Kwik Star store", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5102. 137662 - Greenwood/Schmitt that proof of publication of notice of public hearing on Request by Kwik Trip, Inc. to rezone approximately 8,277.5 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 519 W 8th Street, 1009 South Street, and 1017 South Street for construction of additional parking for the adjacent Kwik Star store, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137663 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Greenwood/Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137664 - Greenwood/Schmitt that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Request by Kwik Trip, Inc. to rezone approximately 8,277.5 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 519 W 8th Street, 1009 South Street, and 1017 South Street for construction of additional parking for the adjacent Kwik Star store", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137665 - Greenwood/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137666 - Greenwood/Schmitt that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Request by Kwik Trip, Inc. to rezone approximately 8,277.5 square feet from "R-4" Multiple Residence District to "C-1" Neighborhood Commercial District, property located at 519 W 8th Street, 1009 South Street, and 1017 South Street for construction of additional parking for the adjacent Kwik Star store", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5103. March 26, 2012 Page 6 137667 - Schmitt/Greenwood that proof of publication of notice of public hearing on Request of Hy -Vee', Inc. to rezone approximately 1.26 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District, property located at 3700 :University Avenue to legalize an existing mini -storage business, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137668 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Schmitt/Greenwood that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137669 - Schmitt/Greenwood that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Request of Hy -Vee, Inc. to rezone approximately 1.26 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District, property located at 3700 University Avenue to legalize an existing mini -storage business", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137670 - Schmitt/Greenwood that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137671 - Schmitt/Greenwood that "an Ordinance amending Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending the Official Zoning Map referred to in Section 10- 4-4, Rezoning Certain Property in conjunction with Request of Hy -Vee, Inc. to rezone approximately 1.26 acres from "R-1" One and Two Family Residence District to "C-2" Commercial District, property located at 3700 University Avenue to legalize an existing mini -storage business", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5104. 137672 - Welper/Schmitt that proof of publication of notice of public hearing on Request of Dolly James, LLC for a site plan amendment to the "R -4,R -P" Planned Residence District, property generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi -family housing development, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137673 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Welper/Schmitt that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. Mayor Clark noted that there will be a fence around the neighborhood but it will not be locked. 137674 - Welper/Schmitt that "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 Site Plan Amendment on Certain Property in conjunction with Request of Dolly James, LLC for a site plan amendment to the "R -4,R -P" Planned Residence District, property generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi -family housing development", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. March 26, 2012 Page 7 137675 - Welper/Schmitt that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137676 - Welper/Schmitt that "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 Site Plan Amendment on Certain Property in conjunction with Request of Dolly James, LLC for a site plan amendment to the "R -4,R -P" Planned Residence District, property generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi -family housing development", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5105. 137677 - Hart/Welper that proof of publication of notice of public hearing on Request of Kwik Trip, Inc. for the vacation, sale and conveyance of city -owned property generally located in an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street to allow for construction of additional parking for the adjacent Kwik Star store at a cost of $6,000.00, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137678 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Hart/Welper that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 137679 - Hart/Welper that "an Ordinance vacating an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street in conjunction with Request of Kwik Trip, Inc. for the vacation, sale and conveyance of city -owned property generally located in an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street to allow for construction of additional parking for the adjacent Kwik Star store at a cost of $6,000.00", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137680 - Hart/Welper that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137681 - Hart/Welper that "an Ordinance vacating an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street in conjunction with Request of Kwik Trip, Inc. for the vacation, sale and conveyance of city -owned property generally located in an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street to allow for construction of additional parking for the adjacent Kwik Star store at a cost of $6,000.00", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5106. March 26, 2012 Page 8 137682 - Hart/Welper that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Request of Kwik Trip, Inc. for the vacation, sale and conveyance of city -owned property generally located in an alley located within Block 7 of Does Addition subject to the retention of a utility easement over, under and upon the area to be vacated, and subject to the applicant constructing driveways off of South Street for 1009 South Street and 1017 South Street to allow for construction of additional parking for the adjacent Kwik Star store at a cost of $6,000.00", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-256. 137683 - Getty/Hart that proof of publication of notice of public hearing on Request of Dolly James, LLC to vacate any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi- family housing development, as published in the Waterloo Courier on March 21, 2012, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137684 - This being the time and place of public hearing, the Mayor called for written and oral objections and there were none. Getty/Hart that the hearing be closed and recommendation of approval of Planning, Programming and Zoning Commission, be received and placed on file. Voice vote - Ayes: Seven. Motion carried. 137685 - Getty/Hart that "an Ordinance vacating any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street in conjunction with Request of Dolly James, LLC to vacate any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi -family housing development", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137686 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137687 - Getty/Hart that "an Ordinance vacating any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street in conjunction with Request of Dolly James, LLC to vacate any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi -family housing development", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5107. 137688 - Getty/Hart that "Resolution authorizing said sale and conveyance, and authorize City Attorney to prepare and deliver deed accordingly in conjunction with Request of Dolly James, LLC to vacate any and all easement located within the area generally located within the area bounded by the Cedar River and Sycamore Street between the Union Pacific Railroad and East 8th Street to allow for the construction of a multi -family housing development", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-257. Mayor Clark recognized all the new projects in the City on the agenda. March 26, 2012 Page 9 RESOLUTIONS 137689 - Cole/Hart that "Resolution approving agreement with Silver Eagle Harley-Davidson/Buell to lease two Harley Davidson motorcycles at a cost of $125.00 per month per motorcycle for one year, plus routine maintenance; and authorize Mayor to execute said document -Submitted by Dan Trelka, Director of Safety Services", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-258. 137690 - Cole/Hart that "Resolution approving submission of Black Hawk County Gaming Association grant application in the amount of $50,000.00 to be used for Cedar Valley SportsPlex marketing program; and authorize Mayor to execute said document - Submitted by Mark Gallagher, Sports Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-259. 137691 - Cole/Hart that "Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $51,956.00 with B & B Builders & Supply of Waterloo, Iowa in conjunction with 2012 Sullivan Park Shelter Project; and authorize Mayor and City Clerk to execute said documents -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-260. 137692 - Greenwood/Schmitt that "Resolution approving Contracts, Bonds and Certificates of Insurance in the amount of $89,075.00 with Aspro, Inc. of Waterloo, Iowa in conjunction with 2012 Highland Park Basketball & Tennis Court Project; and authorize Mayor and City Clerk to execute said documents -Submitted by Rick Curran, Leisure Services Facilities Manager", be adopted. Roll call vote -Ayes: Seven. Mr. Jones questioned the current plan Mayor Clark noted that there is not include a boat ramp in the future. Development Director, noted that public trails. to provide access to San Souci Island. currently a plan but one probably will Noel Anderson, Community Planning and access would still be available near the Resolution adopted and upon approval by Mayor assigned No. 2012-261. 137693 - Greenwood/Schmitt that "Resolution approving a lease agreement with Janet Kendall -Post to lease city owned property located on Riverside Drive just west of 903 Riverside Drive for $1.00 per year; and authorize Mayor and City Clerk to execute said document - Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-262. 137694 - Greenwood/Schmitt that "Resolution approving a lease agreement with George A. Ryan and Loretta R. Ryan to lease city owned property located on Riverside Drive just east of 727 Riverside Drive for $1.00 per year; and authorize Mayor and City Clerk to execute said document -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-263. 137695 - Greenwood/Schmitt that "Resolution approving a lease agreement with Darlyne Yagla to lease city owned property located on Riverside Drive just south of 509 Riverside Drive for $1.00 per year; and authorize Mayor and City Clerk to execute said document - Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-264. March 26, 2012 Page 10 137696 - Schmitt/Welper that "Resolution approving request of Dolly James, LLC to dedicate the necessary easements within an area bounded by the Cedar River, Sycamore Street, East 8th Street, and the railroad tracks to allow for the construction of a multi -family housing development -Submitted by Aric Schroeder, City Planner", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-265. 137697 - Schmitt/Welper that "Resolution resetting date of hearing and bid opening on the F.Y. 2012 Street Reconstruction Program, Contract No. 819 as April 9, 2012 and instruct City Clerk to publish notice of plans, specifications, form of contract, etc - Submitted by Dennis Gentz, P.E., Assistant City Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-266. 137698 - Schmitt/Welper that "Resolution approving amendment to Development Agreement with Dolly James LLC to add wording for a grant payment in the amount of $14,528.99; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-267. 137699 - Hart/Welper that "Resolution approving Real Estate Sale Contract with Jerry Lew Makedonski and Debra K. Makedonski for the acquisition of 1823 Black Hawk Street in the amount of $55,000.00 with up to $10,000.00 in city environmental and closing costs; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-268. 137700 - Hart/Welper that "Resolution approving First amendment to Land Lease Agreement with Fidelity Towers to lease a cell tower at C.A. Morris Park; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-269. 137701 - Hart/Welper that "Resolution approving Memorandum of Lease with Fidelity Towers to lease a cell tower at C.A. Morris Park; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-270. 137702 - Cole/Getty that "Resolution approving Memorandum of Lease with Fidelity Towers to lease a cell tower at C.A. Morris Park; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-271. March 26, 2012 Page 11 137703 - Cole/Getty that "Resolution approving an agreement with Sycam Orr LLC for property located at 616-622 Sycamore Street to allow for a skywalk connection between private building and city parking ramp; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Mr. Jones asked for clarification if Sycam would be paying for the skywalk and Mayor Clark reported that they would be paying the expense. Resolution adopted and upon approval by Mayor assigned No. 2012-272: 137704 - Cole/Getty that "Resolution approving Early Access Agreement with Northeast Iowa Food Bank, Inc., to allow for work to begin on their new facility in Rath area prior to closing on the property; and authorize Mayor and City Clerk to execute said document -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-273. 137705 - Cole/Getty that Change Order No. 1 for a net increase of $28,495.00 to add 910 West Shaulis Road and 218 West Mullan Avenue for work performed by Lehman Trucking & Excavating Inc. of Waterloo, Iowa in conjunction with Demolition and Site Clearance Services (no regulated asbestos -containing materials); and authorize Mayor and City Clerk to execute said documents -Submitted by Noel Anderson, Community Planning & Development Director, be received, placed on file and approved. Voice vote -Ayes: Seven. Motion carried. 137706 - Cole/Getty that "Resolution approving City of Waterloo Driveway and Sidewalk Specifications for use by contractors and property owners starting with the 2012 construction season -Submitted by Wayne Castle, PLS, EI, Associate Engineer", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-274. ORDINANCES 137707 - Getty/Hart that "an Ordinance amending the 7-1-2B Snow and Ice Removal in conjunction with Snow and Ice Removal (Clarifying Property Owners Responsibility)", be received, placed on file, considered and passed for the first time. Roll call vote -Ayes: Seven. Motion carried. 137708 - Getty/Hart that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 137709 - Getty/Hart that "an Ordinance amending the 7-1-2B Snow and Ice Removal in conjunction with Snow and Ice Removal (Clarifying Property Owners Responsibility)", be considered and passed for the second and third times and adopted. Roll call vote -Ayes: Seven. Ordinance adopted and upon approval by Mayor assigned No. 5108. March 26, 2012 Page 12 OTHER COUNCIL BUSINESS 137710 - Schmitt/Hart that "Resolution setting date of hearing as April 9, 2012 to approve a request by Invision Architecture on behalf of the Waterloo Community School District to rezone 20.56 acres from "A-1" Agricultural District to "R-1" One and Two Family Residence District, property located at the northeast corner of Kimball Avenue and East Orange Road in connection with the new Orange Elementary School, generally located at the northeast corner of Kimball Avenue and East Orange Road; and instruct City Clerk to publish notice -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-275. 137711 - Schmitt/Hart that "Resolution setting date of hearing as April 9, 2012 to approve the vacation of a portion of West 2nd Street located between Jefferson Street and Washington Street, a portion of Washington Street from West 3rd Street to West 2nd Street, and a portion of the public alleys located in Block 13 and Block 14 of Original Plat of Waterloo West, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex); and instruct City Clerk to publish notice -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-276. 137712 - Schmitt/Hart that "Resolution setting date of hearing as April 9, 2012 to approve request by Waterloo Development Corporation and the City of Waterloo to rezone the area bonded by Jefferson Street, West 1st Street, West 3rd Street and Washington Street from "M-1" Light Industrial District to "C-3" Central Business District, to allow for the development of a new 130,000 square foot recreational and athletic indoor sports facility (Cedar Valley Sportsplex); and instruct City Clerk to publish notice -Submitted by Noel Anderson, Community Planning & Development Director", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-277. 137713 - Hart/Welper to instruct Community Planning & Development Director to prepare plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 820 and 910 Sycamore Streets, 1518 West 4th Street, be approved. Voice vote -Ayes: Seven. Motion carried. 137714 - Hart/Welper that plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos - containing materials) for 820 and 910 Sycamore Streets, 1518 West 4th Street, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. 137715 - Hart/Welper that "Resolution preliminarily approving plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 820 and 910 Sycamore Streets, 1518 West 4th Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-278. 137716 - Hart/Welper that "Resolution setting date of hearing and bid opening as April 9, 2012; and instruct City Clerk to publish notice of plans, specifications, form of contract, etc. in conjunction with Request for Proposal for Demolition and Site Clearance Services (no regulated asbestos -containing materials) for 820 and 910 Sycamore Streets, 1518 West 4th Street", be adopted. Roll call vote -Ayes: Seven. Resolution adopted and upon approval by Mayor assigned No. 2012-279. March 26, 2012 Page 13 ORAL PRESENTATIONS Brian Rath, Treatment Operator Supervisor, reported that the new ordinance would change the snow ordinance to give residents 48 hours to clear the sidewalk if there is more than 2 inches of snow. 137717 Hart/Getty that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. ADJOURNMENT 137718 - Hart/Getty that the Council adjourn at 6:16 p.m. Voice vote -Ayes: Seven. Motion carried. Suzy Schares City Clerk CITY OF WA I'ERLOO Council Communication City Council Meeting: April 2, 2012 Prepared: March 23, 2012 Dept. Head Signature: Dennis Clark # of Attachments: 1 °mat I rine_ Psa( X12 --2-x'1 SUBJECT: Request to certify assessment of work performed by the Waterloo Water Works at 5 locations (Consent agenda item) Submitted by: Dennis Clark, General Manager of Waterloo Water Works Recommended City Council Action: Adopt a resolution approving communication from the General Manager of the Waterloo Water Works transmitting request to certify repair amounts for work performed by the Waterloo Water Works. Address Amount to certify 1929 East 4th Street $1,200.00 339 Adams Street $3,250.00 415 Peek Street $2,150.00 1022 Ash Street $2,340.00 1934 Washington Street $9,300.00 Summary Statement: The Board of Trustees of the Waterloo Water Works adopted a resolution at their Board meeting, instructing the General Manager to forward the request to certify to the City Council of Waterloo, Iowa. The repairs were made to the private service lines of customers of the Waterloo Water Works. Expenditure Required: No City funds are required for this action. The Water Works pays for the repairs to the private service lines, and recovers the cost of the repairs through this assessment process. Source of Funds: Waterloo Water Works operating funds, generated from water sales. Policy Issue: Alternative: Background Information: WATERLOO WATER WORKS DENNIS D. CLARK, P.E. 325 SYCAMORE STREET • P.O. BOX 27 General Manager WATERLOO, IOWA 50704 March 23, 2012 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 319-232-6280 FAX:319-232-1962 TRUSTEES: TERRY M. KUNTZ, Chair RODGER L. BURRIS, Vice -chair MARY H. POTTER The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, March 21, 2012. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $1,200.00, which is supported by invoice from Al Gordon Plumbing and Heating, L.C., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 1929 East 4th Street, which is located on Lot No. Three (3), in Block No. Four (4), in Manson's Fourth Addition to Waterloo, Iowa, Black Hawk County, and owned by Sherel D. Tyler. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 2 It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS T Dennis D. Clark, P.E. General Manager DDC/cm Enclosure DENNIS D. CLARK, P.E. General Manager WATERLOO WATER WORKS 325 SYCAMORE STREET • P.O. BOX 27 WATERLOO, IOWA 50704 March 23, 2012 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 319-232-6280 FAX: 319-232-1962 TRUSTEES: TERRY M. KUNTZ, Chair RODGER I.. BURRIS, Vice -chair MARY H. POTTER The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, March 21, 2012. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $3,250.00, which is supported by invoice from American Veterans Plumbing, LLC, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to make the repairs to the service line at 339 Adams Street, which is located on Lot Nos. 21 and 22 in Block No. 11 in North Addition in the City of Waterloo, Black Hawk County, Iowa, and owned by Francis Lawrence, Jr., and Kelly Lawrence. WHEREAS, the property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owners, the owners voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 2 It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure WATERLOO WATER WORKS DENNIS D. CLARK, P.E. 325 SYCAMORE STREET • P.O. BOX 27 General Manager WATERLOO, IOWA 50704 March 23, 2012 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: 319-232-6280 FAX: 319-232-1962 TRUSTEES: TERRY M. KUNTZ, Chair RODGER L. BURRIS, Vice -chair MARY H. POTTER The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, March 21, 2012. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $2,150.00, which is supported by invoice from Al Gordon Plumbing and Heating, L.C., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to make the repairs to the service line at 415 Peek Street, which is located on Lot No. Seven (7) in Block No. One (1) in "Peek's Second Addition" to the City of Waterloo, Iowa, Black Hawk County, and owned by James Moses and Doris Moses. WHEREAS, the property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owners, the owners voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 2 It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure DENNIS D. CLARK, P.E. General Manager WATER_OO WATER WORKS 325 SYCAMORE STREET • P.O. BOX 27 319-232-6280 WATERLOO, IOWA 50704 FAX: 319-232-1962 March 23, 2012 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: TRUSTEES: TERRY M. KUNTZ, Chair RODGER L. BURRIS, Vice -chair MARY H. POTTER The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, March 21, 2012. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $2,340.00, which is supported by invoice from Al Gordon Plumbing and Heating, L.C., showing the work necessary to repair the service line in regards to the following: WHEREAS, the owners were notified by the Waterloo Water Works to make the repairs to the service line at 1022 Ash Street, which is located on Lot Sixteen (16) in Block Two (2) and the South Two and one half (21/2) feet of Lot Seventeen (17) in Block Two (2) in Rose Hill First Addition to the City of Waterloo, Black Hawk County, Iowa, and owned by Delores Beaman and Lester E. Beaman, Jr. WHEREAS, the property owners notified the Waterloo Water Works that the owners desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owners, the owners voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 2 It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure WATERLOO \`!AT DENNIS D. CLARK, P.E. 325 SYCAMORE STREET • P.O. ROX 27 General Manager WATERLOO. IOWA 50704 March 23, 2012 Honorable Mayor & Council City of Waterloo City Hall 715 Mulberry Street Waterloo, IA. 50703 Dear Honorable Mayor & Council: VO K t -f x: : I u 23 .? -196.) TRUSTEES: TERRY M. KUNTZ, Chair RODGER L. BURRIS, Vice -chair MARY H. POTTER The following is an excerpt from the Board Meeting of the Waterloo Water Works Trustees held Wednesday, March 21, 2012. RESOLUTION WHEREAS, the General Manager, Dennis D. Clark, presented a statement of $9,300.00, which is supported by invoices from R Company, d/b/a Frickson Backhoe & Trucking, showing the work necessary to repair the service line in regards to the following: WHEREAS, the owner was notified by the Waterloo Water Works to make the repairs to the service line at 1934 Washington Street, which is located on all that part of Lot Nos. One Hundred Fifty-seven (157), One Hundred Fifty-eight (158) and One Hundred Fifty-nine (159) in "Kenwood Park" in the City of Waterloo, Iowa, lying Southwesterly of the Highway, Black Hawk County, and owned by Mama Nicks, L.L.C. WHEREAS, the property owner notified the Waterloo Water Works that the owner desired to have the cost of water service line repair assessed to the property taxes. After conversation with the owner, the owner voluntarily signed a waiver of any further notice that may be required to have the Waterloo Water Works cause the work to be done and related costs assessed to the property. NOW, THEREFORE BE IT RESOLVED, by the Board of Trustees of the Waterloo Water Works, that the General Manager shall certify this statement to the City Clerk and that the Clerk in turn shall give notice and an assessment made and certified as provided in Title 8 Public Utilities, Chapter 2, Section 8-2-1, in the Code of Ordinances, City of Waterloo, Iowa. Page 2 It was moved by Kuntz, seconded by Burris, to adopt the resolution and instruct the General Manager to certify this resolution to the City Clerk. On Vote: Ayes: Kuntz, Burris, Potter. Nays: None. Absent: None. Resolution adopted. After this is certified through your office, please send us a copy of the certification as follow through and reference with the customer. Respectfully, WATERLOO WATER WORKS Dennis D. Clark, P.E. General Manager DDC/cm Enclosure CITY OF 1/1/A 00, IOWA PROCLAMATION WHEREAS, April 11, 2012, marks the 44th anniversary of the passage of the U.S. Fair Housing Law, Title VIII of the Civil Rights Act of 1968 as amended, which enunciates a national policy of Fair Housing without regard to race, color, creed, national origin, sex, familial status, and handicap, and encourages fair housing opportunities for all citizens; and W$ERE15, the City of Waterloo as well as the Waterloo — Cedar Falls Board of Realtors are committed to highlight the Fair Housing Law, Title VIII of the Civil Rights Act of 1968, by continuing to address discrimination in our community, to support programs that will educate the public about the right to equal housing opportunities, and to plan partnership efforts with other organizations to help assure every American of their right to fair housing. NOW, THEREFORE, I, Buck Clark, Mayor of the City of Waterloo, Iowa, do hereby proclaim April 2012 as FAIR HOUSING. MONTH Which begins a year-long commemoration of the U.S. Fair Housing Law in Waterloo and urge all citizens to wholeheartedly recognize this celebration throughout the year. IN WITNESS WHEREOF, I have hereunto set my hand and caused the official seal of the City of Waterloo, Iowa to be affixed this 2"d day of April 2012. ATTEST: (AWL' � ,� Suzy c mares, City Clerk ,v, City of Waterloo, Iowa 2 yy uck Clark, Mayor City of Waterloo, Iowa CITY OF WATERLOO Council Communication City Council Meeting: April 2''d, 2012 Prepared: March 28, 2012 Dept. Head Signature: Dan Trelka DSS # of Attachments. Two SUBJECT: Dr. Walter Cunningham School for Excellence 5K Walk/Run Submitted by: Joe Leibold (Waterloo Police) Recommended City Council Action: Approve the 5K route, use of City Barricades and police officers for traffic control as needed. Summary Statement: This is the 2nd running of the Dr. Walter Cunningham School for Excellence 5K and they anticipate up to 30o runners The route is through residential streets that can be controlled with barricades. They will need marked squad cars to provide assistance at Linden and MLK as they get on the bike trail and to provide protection on Idaho and Newell Street. Expenditure Required: Labor costs associated with providing the traffic control/protection, labor to deliver and retrieve City barricades and fuel costs associated with the listed operations. Source of Funds: Policy Issue: N/A Alternative: Background Information: Mary Peterson Dr. Walter Cunningham School for Excellence 1224 Mobile Street Waterloo, Iowa 50703 Chief Dan Trelka City of Waterloo 715 Mulberry Street Waterloo, Iowa 50702 Dear Chief Trelka: I am a Title I teacher at Cunningham Elementary. Melanie Richter and myself started an afterschool running club for our 4th and 5th grade girls. Our goal is to get our students more active and to adopt a healthier life style. It has been very successful. We are organizing a 5K Run/Walk in the community around Cunningham. We would like permission and help blocking roads and directing traffic. The Cunningham 5K Run/Walk is scheduled for April 28, 2012. (We will not reschedule if it is cancelled) The race starts at 9:00 am and is expected to run for an hour, ending at 10:00 am. We are anticipating around 300 people. Enclosed is the race course. We plan to start beside the school at the corner of - - Adams and Ash then traveling west on Adams and turning left onto Mobile St. Continue going south on Mobile St turning left onto Sumner St. Continue running on Sumner St until turning right onto Linden Ave. Runners will travel south until intersecting with MLK Jr. Dr. We would need police assistance at the intersection of Linden and MLK Dr. watching for cars turning from MLK to Linden. Participants will run on the wide sidewalk along MLK JR. Dr. turning left onto Idaho St. We would need police assistance barricading one lane of Idaho to use for the runners and one lane of Newell as they turn left onto Newell from Idaho. We would also need assistance at those intersections helping to direct traffic. Runners will continue on Newell St. traveling west until turning left onto Beech St. Then turning left onto Webster St. Runners will go one block then turn right onto Linden Ave. Runners will continue traveling south until turning right onto Cottage. Our 5K Run/Walk ends back at Cunningham at the intersection of Ash and Cottage. I am unsure if you require signs posted for no parking on the street the morning of the race. If this race course is not accepted, please include reasons why .We have already designed an alternative race course. Thank you for you time and consideration. Mary Peterson Brad Cross Ruth Watts Melanie Richter al ' ' al Ei 7`(-1 91. 4 SSC (0 eweSt C Telt 9 oure re ewell St Newell�i _ Newell St Newell St iz S,1?2.' i w Webster St !gi iar unninghani School Adams St e Sumner St Oda St Oneida St of ry Cr itI Ni Cookie SI Oneida SI Sumner St Willow St 1 hilham Ave Martin LullterKinp Vi 3I b Ctr-Hawkeye R, _ _ Albany St tb tiio;rin1akn St Z� Iii S lD COI e. it,' (I)z Ico. I Douglas St _ _ _ .,..a Wednesday, Mar 28, 2012 07:25 AM C c Willow St Willow St Willow $t Willow SI Albany St Anthony St ys: tdart`A - LU141'�M� 0 Ant lI S o> Cordell St ro F, 6' in 101 - IES SVewDr Shinn APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: Wafed (0)3.L15:ed APPLICANT'S ADDRESS: a/D U( ,S, I DOS (,,Da4,4)0,-1.4 so -70a. APPLICANT'S PHONE #: 6_319) 0 6Cli ANTICIPATED DATE OF VARIANCE: 01)1". I 0/ E9130_0_, \I J. _eckily TIMES OF DAY OF VARIANCE: 3 !popm 6'30 p 0---) - GEOGRAPHICAL LOCATION OF VARIANCE: , J.21 r, ParV_ NAME OF EVENT: DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPER I IhS: 3 BIOCKS PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. 1. gp1,6 mery‘b-ers cry -1 e wise s OD; 1) 6c 4-h e 1,`Incp1in .‘-r -Fp hear ct, • cck\t_ isiyes. bond., tAft play -for. 1.6 boor -fp1 h 0 or htp 2. • The yre.wvb-ers otykfk DL-H•endei‘?? 4 -he 1 or\± 41ord-k edge. 4-4 e. h DV/1;y\ hs 6:er)60 CITY COUNCIL ACTION; APPROVAL: Lib" ( 9 - DENIAL: plicant's Signature 15 Date Police Dept. Recommendation APPROVAL: DENIAL: DECIBEL LEVEL: ica APPLICATION FOR VARIANCE TO NOISE ORDINANCE APPLICANT'S NAME: F v1 C<v\ Ct a\ t? `you v'CQ APPLICANT'S ADDRESS: 31 to t TO+Jev K Dr, l.It: -I-Qvvtoo APPLICANT'S PHONE #: I ci ' Z 3 Z - Ca 12 Z ANTICIPATED DATE OF VARIANCE: SC. t , aLi q tk\ NAME OF EVENT: FRA CD. +r- '3v-\ O V TIMES OF DAY OF VARIANCE: - GEOGRAPHICAL LOCATION OF VARIANCE: C) 111 W T G v--1 z e V �C+ r 1e-.. Dr' \ 00 DISTANCE OF ACTIVITY FROM RESIDENTIAL PROPERTIES: GCC C Suver Y>'1C+1 , ‘-V\L_.51c- C'jCCtiLe( f °C1'1" TOwe r,Ot re5;dev.ticA. PLEASE EXPLAIN THE EVENT REQUIRING THE VARIANCE AND BE SPECIFIC, INCLUDE GEOGRAPHICAL LOCATION, AND WHAT ACTUALLY WILL EXCEED THE NOISE ORDINANCE, SUCH AS A BAND PLAYING, PA SYSTEM, ETC. 1. ()L.w', %V\L\��C`L. Pry .c_jtc,�,tNV�� LICA v\ C'\ Yv�L\\C_ C'V C\ Ci(`CC:ti� CY-AC�vC.V1wZGCew.evL L� i•-> A =_,0L.(w;\.\ e_ v,Ncc\e e.e.\ v.1 tC' t�t11�, CictiliZe., c� \ s Ct./ r bC& e W+uS ic. 2. 11,\ e Cars 'J kD e_ 1 a C C& L e ct 01-\ s ; cl (' (- V;— Y\i tC�\ C' i��('Q1 ACJc'r intGiCi. \A.are_ 1.0cGL&..ecl CA ho 4 h s•cka_oc Sar. wiQ�na� idEELScAAct.b1'C_Ce__ crC' - - Our ev CITY COUNCIL ACTION: APPROVAL: if (2-(90( C'^ -t Applicants Signature 3 Z1-12 Date Police Dept. Recommendation APPROVAL: DENIAL: DENIAL: DECIBEL LEVEL: `i S C! Application Exception to Burning Yard Waste City of Waterloo, Iowa 6A0,4 -Frio -v -ed. 21/219"0--- The 1/212"(y The undersigned hereby requests that the City of Waterloo, Iowa, consider the following application to allow the burning of yard waste in accordance with Section 4-3-8 of the Waterloo Code of Ordinances. 1. Name of Applicant: George Wyth State Park 2. Address and Phone No. of Applicant Lori Eberhard, Park Manager George Wyth State Park (319)269-6705 cell, (319)232-5505 office 3659 W ' Road Waterloo IA 50703 3. General Description of area to be burned (including size): George Wyth Prairie, 10 acres between Wyth Lake and main park road. Lodge Prairie, 3 acres at far west end of park near our Lodge. Burn pile behind shop and by beach area. 4. Dates and times of burning: The areas described above will be burned the first available date in April -May. We will consult with the Iowa burn forecast website as to weather and burn conditions. 5. Description of Vegetation: The area to be burned is restored native prairie species. Trees that have been cut due to storms are on the brush piles. 6. Description of management techniques: We will use two crews of eight with backpack pumps for fire control and radios for communication. One crew on the right flank and one on the left flank of the prescribed bum area. There will be one crew of four using swatters and backpack pumps to mop up behind them. The right flank crew will light a back burn only when we have a wind of 10-15 mph or less. We will begin burning the left flank when the back bum is at least 25 meters. We will carefully keep the right flank ahead of the left flank by twice the distance, ensuring that the fire does not leave our containment zone or fire breaks. 7. Describe containment procedures: We have defined our fire breaks with roads and mowed areas that is twelve to twenty-five feet. We always begin with back burns, carry rakes, shovels and backpack pumps to extinguish hot spots or fire jumps. We have a water pumper truck for containment. We will also be carrying a radio to call for back up if needed and a first aid kit. We will alert the fire department ahead of time, State Radio, Waterloo Police Department and neighbors. Q`)Iii\AN -164, \X Signature of Applicant The Waterloo City Council will act on this applicant and you will be notified of their decision. Prior to burning, please notify the Waterloo Fire Department: 1. To determine if proper weather conditions exist, and 2. To determine need for stand-by vehicles. FOR CITY USE ONLY: This application has been reviewed and approved by: t A Fire Chief Fee Paid $ Receipt No. Date 3 -id s-r�-_ Cf i 6. 41reL Application Exception to Burning Yard Waste City of Waterloo, Iowa The undersigned hereby requests that the City of Waterloo, Iowa consider the following application to allow the burning of yard waste in accordance with Section 4-3-8 of the Waterloo Code of Ordinances. 1. Name of Applicant: Hawkeye Community College 2. Address & Phone No.: Ryan Kurtz, Natural Resources Hawkeye Comm. College 319-296-2320 x. 1311 1501 E. Orange Road Waterloo, IA 50701 3. General Description of area to be burned (including size): We will be burning two areas within Hawkeye Community College property, including one prairie on land now leased to Cedar Valley Arboretum & Botanic Gardens (under their request). These areas are marked on the attached map with a description of proposed burn areas. HCC Prairie 1.5 acre (east of Hawkeye Center and Campus View Drive) CVABG Prairie 6.0 acres (north of Arboretum Drive, west of Hess Road) 4. Dates and times of burning: The areas described above will be burned first available class date March- May. We will consult with the Iowa burn forecast website as to weather conditions and bum conditions. 5. Description of Vegetation: All areas to be burned are restored native prairie species. 6. Description of management techniques: Two crews of eight personnel each, armed with backpack pumps for fire control and radios for communication. One crew on right flank, one crew on left flank of prescribed burn. One crew of four on mop up behind them using swatters and backpack pumps. The right flank crew will light a backburn only when we have a wind of 10-15 mph or less. When the backburn is at least 25 meters, we will begin the burning of the left flank. We carefully keep the right flank ahead of the left flank by twice the distance, ensuring that the fire does not leave our containment zone or fire breaks. 7. Describe containment procedures: We have defined our fire breaks with roads and mowed areas that are twelve to twenty five feet. We always begin with backburns, carry backpack pumps, rakes and shovels to extinguish hot spots or fire jumps. We have a water pumper truck for containment. We will also carry a radio to call for back up if need and a first aid kit. We alert the fire department ahead of time, our public safety department, college operator, and neighbors. atur of App The Waterloo City Council will act on this applicant and you will be notified of their decision. Prior to burning, please notify the Waterloo Fire Department: 1. To determine if proper weather conditions exist, and 2. To determine need for stand-by vehicles FOR CITY USE ONLY: This application has been reviewed and approved by: A Fire Chief Fee $50.00 Paid EXEMPT Receipt No. Date Applicatioi Exception to Burning Yard Waste City of Waterloo, Iowa The undersigned hereby requests that the City of Waterloo, Iowa, consider the following application to allow the burning of yard waste in accordance with Section 4-3-8 of the Waterloo Code of Ordinances. 1. Name of Applicant: Ph �J' p AJ, Des 1- -V 2. Address and Phone No. of Applicant 5e2 6 ye s / 0 7 'st Su iii rl so C. ? 3. General Description of area to be burned (including size): I Cmc c ( cL J-1/949-01,_ L. C 4. Dates and times of burning: G P ,r j J q �,�� ✓ .(1 3 Li-, 7:k97 5. Description of Vegetation: 6. Description of management techniques: 7. Describe containment procedures: ctro//eci ','r 0�,(1 Signa Applicant The Waterloo City Council will act on this applicant and you will be notified of their decision. Prior to burning, please notify the Waterloo Fire Department: I. To determine if proper weather conditions exist, and 2. To determine need for stand-by vehicles. FOR CITY USE ONLY: This application has been reviewed and approved by: Coviutotti i-fi Opti 01- --o f-- ) Fire Chief Fee Paid Receipt No. $ 510 -On 177 oo C LoSe_, fo —leo CLc,5•e 4-0 G 55roeia5 /S�Pr'r+�C'ew�`c2 — • f6U cloy., 4v (14,-(A- ihmcefft i� Sup✓ �rrw�r NV&y Of hiro (youLr� dtd�wf� }ii 1r',e5,4 Le -t ---(-r cc S . Date BLACK HAWK COUNTY REAL ESTATE ASSESSIi1WN a AND TAX INFORMATION Parcel ID Deed Holder Tax Mail to Address 8813-11-226-001 PADA LLC PADA LLC 3006 210TH ST SUMNER, IA 50674-0000 PDF No. Map Area Contract Buyer 5 SVVTLO-14 9,730 Property Address Current Recorded Transfer 4026 HESS RD WATERLOO, IA 50702-0000 Date Drawn Date Filed Recorded Document Type 11/1/2011 11/1/2011 2012 007994 D SALES Date Amount NUTC I Type 11/1/2011 689,350 AGRICULTURAL SALE OF ONE OR MORE PARCELS -SINGLE CONSIDERATION - 09/11 / Deed ASSESSED VALUES/CREDITS BUILDING PERMIT None Year Class 2011 A 100% Value Land Dwelling Building M/E Total Acres 9,730 93,030 2,820 0 105,580 6.56 Taxable Value Land Dwelling Building M/E Total 5,599 47,214 1,623 0 54,436 Year Class 2010 A 100% Value Land Dwelling Building M/E Total Acres 7,980 82,170 370 0 90,520 6.56 Credits Military Exemption Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Agricultural Credit Family Farm Credit Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Ag Credit Y Corp Taxable Value Land Dwelling Building MIE Total 5,507 39,877 255 0 45,639 Year Class 2009 A 100% Value Land Dwelling Building MIE Total Acres 7,980 82,170 370 0 90,520 6.56 Credits Military Exemption Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Agricultural Credit Family Farm Credit Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Ag Credit Y Corp Taxable Value Land Dwelling Building M/E Total 5,288 38,545 245 0 44,078 TAX INFORMATION ASSESSMENT YEAR 2010 PAYABLE 2011/2012 Tax District 940008 - WATERLOO AGLAND Gross Value Taxable Value Military Exemption Levy Rate Gross Tax Net Tax Corp 82,170 39,877 0 42.69322 $1,702.48 $1,852.00 Nocorp 8,350 5,762 0 27.16347 $156.52 Homestead Credit Disabled Veteran Credit Property Tax Relief Credit Ag Credit Family Farm Credit Corp $0.00 $0.00 $0.00 $6.83 $0.00 Nocorp $0.00 LEGAL N330FTNENEEXCN233FTE510FTSEC 11T88R13 LAND Basis Front Rear Side 1 Side 2 Lot Area Acres Lump Sum 222 0 222 177B 3.6 285753.6 6.56 Totals: 209 Totals: 6.56 66 431 285753.6 6.56 CSR Class Acres Unit/Acres Units Adjustment Total 11B 2.96 75 222 0 222 177B 3.6 58 209 0 209 Totals: 6.56 66 431 0 431 DWELLING CHARACTERISTICS Type Style Single -Family / Owner Occupied 1 Story Frame Year Built Area Heat AC Attic 1946 1100 Yes No Fully Finished Total Rooms Above Total Rooms Below Bedrooms Above Bedrooms Below 6 0 4 0 Basement Basement Finished Area No Basement Floor Full 0 0 Foundation Flooring C Blk Carp / Tile / Hdwd Exterior Walls Interior Finish Wd Lap Plas Roof Asph / Gable Non -Base Heating Floor/Wall Pipeless Handfired Space Heaters 0 44 20 880 SF Plumbing 1 Full Bath 1 Toilet Room GARAGES Year Built Style idth Length Area Basement Qtrs Over Area AC 1947 Det Frame 4 24 1056 0 None 0 0 AGRICULTURAL BUILDINGS BASEMENT STALLS None Type Count Description Year Built Length Width Unit Plot No. Crib 1 FR 1922 48 26 1248 SF 1 Lean -To 1 FR 1958 48 28 1344 SF 2 Swine Finish and Farrow (Old Style) 1 FR 1917 48 24 1152 SF 3 Milk House 1 FR 1925 0 0 362 SF 4 Poultry House 1 FR 1920 44 20 880 SF 5 Crib 1 WIRE MESH 1955 17 13 221 SF 6 Shed 1 FR 1900 32 20 640 SF 7 There is 1 photo of parcel 881311226001. :3'C of MateD1 0 Financial D.ATF_ 4/02/12 TIME 02 VENDOR 12612TT=__LE_ .3_....:N2L, vN I.EN44 E. a = CONTR. r Invoice 2 ESE2 TOTAL_ i.:yV03 CE FINANCIAL MAMAGEMEN OPEN INVOICE REPORT INVOICE INVOICE : S RIPTICP: 03E70 REL0C 4 NIC i'S. PP p SOLED RELO LEAD GRANT INV PATE DU E DATE 9/L. DATE 2? 22 /20124:'v VV1. 4/02/2012 U/ -UNIT TOTAL ANT EA �Y4E0'.00 480.00 location e,P PCT: 1.0000 ANT: PAGE 56 AP0642 CfY01 INV NET AMT 4/02_0 T /UNI T 4/02/2012 430. 00 K ORDER 420. 00 SO. 00 TOTAL ANT WORK ORDER 4200 TOTAL INVOICE _—_. 12621 FRAM/1L1POSER I TEM* P.O. 4 CONT 00002 00 50.00 POT: 1.0000 ANT: 2.23/2012 %02/2012 T/UNIT 4/02(2012 TOTAL ANT 50.00 6, C60 WORK ORD 00 R 310 27 T - TOTAL INVOICE ITEMS. TOTAL INVOICES 138 20 1202 416 98.50 PCT: APRIL 2, 201 2 Friday's AP64o Report Total + Adj for data entry errors, canceled/added PVs, Etc : McDonald Supply 1,1 67,084.14 (183.18) Monday's AP64o Report Total 1,166,900.96 WORK COMP CLAIMS HOUSING AUTHORITY MMIC INSURANCE 19,975.81 3,31 1.37 3,333.00 Bill Payment Total 1,193,522.14 >.7.7/.eG,4CG� C/ („lii /✓2 t '`'T" 12/2 "C E398. 50 SOi. EN 0C AMT: S, 222. SG oo,cop. 5 - , 166, 900. 96 — No 4 &v ( if --, 3013 5 0-111•l lltl 3-10 -09 E 1118 Z2 � ZID7 Council Communication City Council Meeting: April 2, 2012 Prepared: March 28, 2012 Dept. Head Signature: Number of Attachments: 8 SUBJECT: Hotel/Motel Tax Grant Recommendations Submitted by: Aaron Buzza Recommended City Council Action: Approve Convention and Visitors Bureau (CVB) board recommendation for funding in the Event/Capital Hotel -Motel Tax Grant funds for FY13. Summary Statement: The CVB board has reviewed 32 applications for funding in the Event/Capital Hotel -Motel Tax Grant fund for Fiscal Year 2013, and has recommended funding 19 applications in the total amount of $133,837.32. The application and score sheets are being sent as attachments for Council's review. Expenditure Required: $133,837.32 Source of Funds: Hotel -motel tax grant funding for FY13 Policy Issue: None Alternative: Do not provide funding or provide recommendations for alternate funding. Background Information: This is the first year of funding in the Event/Capital fund. A portion of the overall grant funds were allocated to the CVB Partner grants, a portion to the Event/Capital grants and the remainder to the year-round (mini grants). Applicants were able to apply for as much funding as they needed, provided they could supply a dollar -for -dollar match for the project. The CVB Board reviewed all applications and scored based on the project's ability to meet the goals of the grant program, as highlighted on the grant application. In order to be considered for funding, an application needed to score at least 65%. Funding recommendations began with the top scores and continued until 65% was reached, or funds were exhausted. The top scoring applications are those that are able to meet the stated goals and therefore provide a stronger return on investment with these funds. The funding recommendation relates specifically to the scored percentage, with an applicant receiving their scored percentage of the total request. (example: score of 82% would equal funding recommendation of 82% of the requested funds). The weights placed on each of the goals were different for "community" events and "visitor" events/capital projects. The application highlights the difference between those weights. Community events are those that draw less than 50% of attendance from outside of Black Hawk County. Those not receiving funding will receive specific information about their scores related to the goals with hopes that changes can be made to help them achieve a higher score in future years. o d'O ul to l0 m AS) CON N O O 00 tct ul O ri O V ul N 00 00 ul LO rl N O 00 CO CO to N ul 00 O p m m o0 OO N N OO LD m N c5 tD N 00 m m 00 C rt N rt l0 r1 tD N to m m m l0 m N `� N ul V) N r1. d' N N rl N m 00 C N 0 en N CO N N tto M tll CO CO M 7 LL N O N O y O en O N N ce to ul O O N rl Ns_ O U m N 00 -. Y 1_ U 0 a m 00 O t0 '-I LD In X 10 E 41 I- O U too O O r 1 0 0 0 0 to O O O M O o O O O O O O o O O O o O O N O O O .-1 O O O O N O O O m O O O O O O O O O O O O O O O N 0 0 0 4 ul 0 0 0 m O 0 0 0 0 0 0 0 M 0 o to O M O ul O O O tD O to m N ri LET ul N OO ul ul M O m ul O 4.. N O ul - u ul u). N ul ul n rl V c-1 rl c-1 r♦ c -i N ri N CO' m m Cf N Cr CO N rl 'ci' UD O CO l0 rl CO rl ul CO 'Cr rl t0 m N N m m m N CO • 1.0 ul N V ul tD N in Lc) m m co W co t0 N tD 4 00 N ul co N N LO Cr to N O O O O. 0 0 0 0 0 0 0 0 0 0 0 O 6 O O O O O O O O O O O m O 00 CO O O to ul M Lf) ct O ri rl O ul ul O d' O m 0 to O m N 0 N N' co O m N O ul r1 N tD N rl O N N O. N N O m ul r1 O CO O rl O ri m ul W co ct C m m o ul e N 00 ul N N O M M m O m ul N t0 00 ul LO CO CO l0 to O d' O m O N co co ul m m N • O • co m CO; u) co m Applicant Arboretum ASPIRE Battle of Waterloo Black Hawk Children's Theater Black Hawk Wrestling BLAST Cedar Trails Partnership Fusion Realtors Open Fall Fusion Realtors Open Spring Greater Cedar Valley Bowling 5050 ICHA Futurity IOMA Darts & Pool Iowa Classic & Janesville Horse Show Iowa Rural Water Association Iowa Square & Round Dance 1 Irish Fest Jaycees Fireworks Jaycees Waterloo Open Junior Greater Iowa Scholarship Bowling Kingdom Regiment Drill Team Leisure Services SportsPlex My Waterloo Days Nort End Music Fest I Overseas Recruiting Fair Peregrine Triathlon Trekman Racing Waterhawks Ski Team WCF Symphony Waterloo Community Playhouse I Winterfest Q. Q O. CZ ri N M 7 ul t.0 N CO m 0 c-1 rl N rI Cr) rl Ct v-4 ul rl LD r -1 N ,--I CO CO rI 0 N r1 NNNN N M d' ul N LD N N N CO N m N O M 31 Waterloo Police Protective Association 32 Young Arena Fund those scoring 65% or better Funding is scored percentage of total request 101.43 0.85 4,500 3803.57 57.25 0.48 18,000 TOTAL: 133837.32 Waterloo Hotel -Motel Tax Grant application, FY 2013 Event/Capital Project Grant Applications Fiscal Year 2013 *part of the City of Waterloo Hotel -Motel Tax Grant process The Waterloo Convention & Visitors Bureau (CVB), on behalf of the City of Waterloo, is accepting grant requests for events and capital projects that will have a positive impact on the tourism industry in Waterloo during Fiscal Year 2013. Grant requests may be from either for-profit or non-profit organizations (non-profit must be qualified under IRS Section 501c). This application is used for three kinds of proposals: Community Events, Visitor Events, and Capital Projects. Visitor Events are those that draw greater than 50% of attendance from outside Black Hawk County, while Community Events less than 50% of attendance from outside Black Hawk County. The hotel -motel tax grants have been established to reach the following goals which will be used to score your application: Goals: Community Events Visitor Events or Capital Projects Drive overnight stays in Waterloo (heads in beds) 15 points 40 points Support and reward active partners who serve and/or drive visitors to Waterloo 25 points 10 points Support organizations and activities that have a positive impact on Waterloo 25 points 10 points Provide seed money for new ideas and projects 25 points 20 points Provide assistance in marketing outside of Black Hawk County 10 points 20 points Additionally, 20 points will be used to score the use of grant funds and appropriateness of the budget. Applications should specifically show how the event or project brings visitors to Waterloo, both for this event or project, and in the long-term as well. Grants are not intended to provide operational support, but are intended to support marketing, capital and event efforts that help advance the goals above. Grant Requirements: • Granted funds are available after the project has occurred, and are paid as reimbursement for money spent. Copies of invoices and proof of payment must be provided for grants to be paid. No exceptions will be made. • Events are allowed to apply in the Community Event category for only 3 years. After that time, the event must draw greater than 50% of its attendance from outside Black Hawk County and apply under the Visitor Event Category or will no longer be allowed to apply for funding. • Applicants should show matching funds of 50% or more for the project. The grant will fund no more than 50% of the actual total project cost. Funds directly involved with the project may be used as match. Overall operational funds may not be used to match the grant funds for a particular project. • Organizations may apply for the amount of funding needed, provided they can show matching funds of 50% or more. o Community Events may only apply for a maximum of $5,000 in funding through this grant. • If the final total project cost is less than projected in this application, the final approved award will be reduced by the same percentage, as well. Waterloo Hotel -Motel Tax Grant application, FY 2013 • Funds may be used solely for fundable items listed below. Any use of grant money for non -fundable items, as listed below, will result in total funding being reduced by the amount spent on non -fundable items. • Funding is for projects that occur between July 1, 2012 and June 30, 2013 only. • The correct year's application must be used, and the entire application must be typed. • Funding must be used for the project designated on this application or funding may be forfeited. Any changes in the project must be approved prior to the project occurring. • All project printed materials, signage or advertising must contain the words, "Sponsored in part by a City of Waterloo Hotel -Motel Tax Grant" and a logo, which will be provided at the request of the grantee. • Applications for capital projects must be from non-profit organizations only. • In order for applications to be considered, applicants must attend a grant workshop provided by the CVB, or meet individually with Aaron Buzza prior to submitting application. No applications will be considered without attendance. Fundable items: • Advertising and Marketing (Print/Electronic/Billboard) • Capital improvements o Includes new construction, renovation, restoration, installation of fixtures and equipment rental or purchase. Capital improvements should have a profound ability to impact an event/organization and its ability to draw out -of -county visitors. Applicants must show with specific data how the capital project will provide a long-term impact on tourism in Waterloo. • Direct mail campaign expenses related to the event/project • Entertainment and honorariums • Printed materials that promote visits to the event/project prior to the event occurring • Prize funds and/or purses • Travel Shows o Funding for booth space, registration fees, and travel related to the show • Bid money for events, tournaments, convention, etc. • Basic facility rental costs o Costs such as food/beverage and staff time are not fundable • Event -related security and safety services • Marketing and design services • Transportation to and around Waterloo for the event Non -Fundable Items: • Annual operating expenditures • Professional services o Includes legal, engineering, accounting, auditing, consulting or other services not expressly listed as fundable • Salaries, wages or administrative fees • Travel expenses of staff and guests not expressly listed as fundable 2 Waterloo Hotel -Motel Tax Grant application, FY 2013 • Tangible personal property, including but not limited to, copy/fax machines, computer equipment, other office equipment or furniture, light fixtures, musical instruments, permanent collections and exhibits • Program books, trophies, medals, plaques, bumper stickers, table tents, shirts, hats, banners, flags, stationary, etc. • Food and beverage • Toll-free phone numbers, in-house postage, or material inventory • Membership solicitation materials and donations/contributions to sponsors • Reprinting of current brochures • Prizes for fundraisers, raffles, or events (including electronics, gift certificates, etc.) • Interest or reduction of deficits or loans • Anything contrary to state or federal law or local ordinance Note: Non fundable items may be included as matching funds General instructions: Applicants must include one typed hard copy of the application, including all additional information requested as well as one electronic copy of the grant, sent to grants@travelwaterloo.com. Grants will not be considered received until both versions are received by the CVB. Send or deliver completed applications and copies to: Waterloo CVB Attn: Grants 500 Jefferson St. Waterloo, IA 50701 Timeline: SESSION 1: January 1, 2012 Applications available to organizations January 31, 2012 Applications due to CVB February/March CVB Board meets and makes recommendations to Waterloo City Council for approval April 1, 2012 Applicants notified of funding results July 1, 2012 Funds available after completion of project 30 days after event/project Project evaluation form and final report due to CVB Note: Awarded grant money will be distributed in full from the City of Waterloo approximately one month following the recipient's submission of one hard copy and one electronic copy of the completed project evaluation form for the funded project. Evaluations are to be returned within 30 days of the completion of the event or project. Failure to provide this final report will result in the delay or loss of grant funds. Failure to utilize grant funds for the use(s) provided in this grant application may result in funding being disallowed, reduced or delayed. Use of approved funds for non fundable items will result in funding being disallowed or reduced. 3 Waterloo Hotel -Motel Tax Grant application, FY 2013 Waterloo Hotel -Motel Tax Grant Application, FY2O13 Event & Capital Projects —e Entire application MUST be typed and every question must be answered fully This application is for funding of the following type of project (please check one): Capital Project Visitor Event Community Event Visitor Events: Events that draw greater than 50% of attendance from outside Black HawkCounty. Community Events: Events that draw less than 50% of attendance from outside Block Hawk County. Total Request: $ Total Project Cost $ Contact Information Name of organization Check payable to (if different than above) EIN Number Name & Date of project/event Contact person Address City State Zip Phone number Email Organization web address 1. Organizational/Background Information a. What is the mission of your organization? b. How does your organization benefit the community? c. How long has your organization been in existence? d. How many staff members and/or volunteers are involved with the organization? e. Is a member of the Waterloo City Council on your Board of Directors? If yes, please list. f. How does your organization market outside of Black Hawk County? g. Has your organization/business received hotel -motel tax grants previously? If so, please provide a list of projects. h. Have hotel -motel tax grants been received for this project previously? If so, please provide a copy of the completed project evaluation form(s) that were turned in for reimbursement. i. Please attach Proof of Liability Insurance, Board/Management information, IRS Documentation. 2. In what manner have you effectively supported or participated with the Waterloo CVB in the last 12 months? Examples include tradeshows, co-op marketing, event bids, etc. 4 Waterloo Hotel -Motel Tax Grant application, FY 2013 3. Project/Event Information a. Please describe the project and specify the goals for the project. b. Please describe the mechanism for measuring the success of the project goals. c. For profit entities only: Please describe how this project is different from your normal business and how this ties into your normal business. How is this project tourism -related? d. For capital projects only: Please describe how this ties into your organization's mission, and how the project is tourism -related. How will this project allow you to draw additional people to Waterloo? 4. Is this a new project or idea? If yes, please explain how this proposal explores a new idea, new direction, is innovative or is a new project? 5. How does this event bring people to Waterloo from outside Black Hawk County? 6. What are expectations for attendance? a. How many people do you expect from outside of Black Hawk County? b. Please describe the specific mechanism for tracking attendance. 7. What are your expectations for hotel room use in Waterloo? 8. Please describe your marketing efforts. a. What specific marketing will you be doing outside of Black Hawk County? 9. How does this project have a positive and lasting impact on Waterloo? 10. Please fill out the attached budget information (attached Excel file), and provide the following budget snapshot. a. Total Income: b. Total Expense: c. Net Profit (Loss) for the event: d. Please describe how the requested grant money fits into the overall project. How will the funds be used, and does this grant have a profound impact on your ability to host this event? e. How will profit (if applicable) be used by the project/organization/business? Additional Information Are there additional details that should be known by the CVB Board of Directors or Waterloo City Council? Acknowledgment and Signature I have reviewed this Application for Grant Funds from the City of Waterloo and Waterloo Convention and Visitors Bureau. To the best of my knowledge, the information contained in this application and its attachments is accurate and complete. The Hotel -Motel Tax Grant funds are reimbursement funds for project funding already spent, and are to be used for the express purpose as stated in the Grant Application. I, the undersigned, know full and well that if this program/project does not transpire, recommendation by the Waterloo Convention and Visitors Bureau Board of Directors for funding will be withdrawn. My organization will be responsible for refunding any portion of grant funds already received or for covering the costs for portions of the project that are non -fundable or not stated herein. Signature of Applicant Date 5 USE OF FUNDS IOMA Darts & Pool 9.29 Leisure Services SportsPlex 9.25 Overseas Recruiting Fair 9.14 Iowa Rural Water Association 9.00 Waterloo Police Protective Association 8.86 Irish Fest 8.75 Iowa Square & Round Dance 8.57 Winterfest 8.57 Black Hawk Wrestling 8.56 ICHA Futurity 8.25 Battle of Waterloo 8.13 Jaycees Fireworks 8.13 My Waterloo Days 8.13 Jaycees Waterloo Open 8.00 Trekman Racing 8.00 Waterloo Community Playhouse 7.88 Junior Greater Iowa Scholarship Bowling 7.75 Peregrine Triathlon 7.63 Nort End Music Fest 7.50 Cedar Trails Partnership 7.44 Waterhawks Ski Team 7.38 Arboretum 7.22 Fusion Realtors Open Spring 7.00 ASPIRE 6.89 Greater Cedar Valley Bowling 5050 6.88 WCF Symphony 6.75 Fusion Realtors Open Fall 6.63 BLAST 6.56 Iowa Classic & Janesville Horse Show 5.75 Young Arena 5.75 Black Hawk Children's Theater 5.56 Kingdom Regiment Drill Team 5.22 POSITIVE IMPACT TOTAL Overseas Recruiting Fair 9.57 Jaycees Waterloo Open 9.50 Irish Fest 9.25 Leisure Services SportsPlex 9.25 My Waterloo Days 8.75 IOMA Darts & Pool 8.71 Peregrine Triathlon 8.63 Trekman Racing 8.63 Waterloo Community Playhouse 8.63 Waterloo Police Protective Association 8.43 Arboretum 8.33 W i nterfest 8.29 Iowa Square & Round Dance 8.14 Battle of Waterloo 8.00 Black Hawk Wrestling 7.89 Fusion Realtors Open Fall 7.88 Jaycees Fireworks 7.88 Cedar Trails Partnership 7.78 Fusion Realtors Open Spring 7.63 Nort End Music Fest 7.63 Iowa Rural Water Association 7.57 Junior Greater Iowa Scholarship Bowling 7.56 Greater Cedar Valley Bowling 5050 7.38 ASPIRE 7.22 Waterhawks Ski Team 7.13 WCF Symphony 7.13 Black Hawk Children's Theater 7.00 ICHA Futurity 6.50 Young Arena 6.50 BLAST 5.33 Iowa Classic & Janesville Horse Show 5.13 Kingdom Regiment Drill Team 5.13 ACTIVE PARTNER TOTAL Irish Fest 9.25 Jaycees Waterloo Open 9.25 Leisure Services SportsPlex 9.00 Jaycees Fireworks 8.88 Overseas Recruiting Fair 8.86 My Waterloo Days 8.63 OMA Darts & Pool 8.57 Iowa Square & Round Dance 8.43 Winterfest 8.43 Trekman Racing 8.25 Waterloo Police Protective Association 8.14 Black Hawk Wrestling 8.00 Peregrine Triathlon 7.88 Fusion Realtors Open Spring 7.63 Junior Greater Iowa Scholarship Bowling 7.50 Waterloo Community Playhouse 7.50 Battle of Waterloo 7.33 Fusion Realtors Open Fall 7.25 Iowa Rural Water Association 6.86 Greater Cedar Valley Bowling 5050 6.75 Arboretum 6.56 Young Arena 6.50 ICHA Futurity 6.25 Waterhawks Ski Team 6.25 Cedar Trails Partnership 6.11 Hort End Music Fest 5.75 ASPIRE 5.67 Black Hawk Children's Theater 5.50 Kingdom Regiment Drill Team 5.00 Iowa Classic & Janesville Horse Show 4.88 BLAST 4.78 WCF Symphony 4.75 NEW IDEAS TOTAL Leisure Services SportsPlex 9.25 Iowa Rural Water Association 8.43 My Waterloo Days 7.50 Waterloo Police Protective Association 7.43 IOMA Darts & Pool 7.29 Arboretum 7.11 Fusion Realtors Open Spring 6.63 Trekman Racing 6.50 Iowa Square & Round Dance 6.00 Peregrine Triathlon 6.00 Battle of Waterloo 5.89 Fusion Realtors Open Fall 5.75 Young Arena 5.63 Overseas Recruiting Fair 5.14 Waterloo Community Playhouse 5.13 ICHA Futurity 4.75 Irish Fest 4.63 Nort End Music Fest 4.63 Waterhawks Ski Team 4.63 Winterfest 4.29 ASPIRE 3.78 Junior Greater Iowa Scholarship Bowling 3.75 Black Hawk Children's Theater 3.67 Greater Cedar Valley Bowling 5050 3.38 Jaycees Waterloo Open 3.38 Black Hawk Wrestling 3.33 BLAST 3.22 Kingdom Regiment Drill Team 3.22 Iowa Classic & Janesville Horse Show 3.00 Jaycees Fireworks 3.00 WCF Symphony 2.75 Cedar Trails Partnership 2.44 MARKETING OUTSIDE BH CO. TOTAL IOMA Darts & Pool 9.14 Irish Fest 8.88 Iowa Rural Water Association 8.71 Overseas Recruiting Fair 8.71 Trekman Racing 8.13 Leisure Services SportsPlex 7.88 Waterloo Police Protective Association 7.86 Peregrine Triathlon 7.63 Winterfest 7.57 Iowa Square & Round Dance 7.43 Jaycees Waterloo Open 7.38 Waterloo Community Playhouse 7.13 Cedar Trails Partnership 7.00 My Waterloo Days 6.88 Waterhawks Ski Team 6.75 Nort End Music Fest 6.50 WCF Symphony 6.50 Battle of Waterloo 6.44 Fusion Realtors Open Spring 6.13 ICHA Futurity 6.00 ASPIRE 5.89 Black Hawk Wrestling 5.89 Fusion Realtors Open Fall 5.88 Arboretum 5.44 Black Hawk Children's Theater 5.22 Kingdom Regiment Drill Team 5.22 Junior Greater Iowa Scholarship Bowling 4.63 Greater Cedar Valley Bowling 5050 4.25 Jaycees Fireworks 4.00 BLAST 3.89 Iowa Classic & Janesville Horse Show 3.00 Young Arena 3.00 OVERNIGHT STAY TOTAL IOMA Darts & Pool 9.86 Overseas Recruiting Fair 9.86 Iowa Square & Round Dance 9.29 Irish Fest 9.25 Waterloo Police Protective Association 9.14 Iowa Rural Water Association 9.00 Winterfest 9.00 Jaycees Waterloo Open 8.38 Junior Greater Iowa Scholarship Bowling 8.38 Black Hawk Wrestling 8.33 Trekman Racing 8.25 Fusion Realtors Open Spring 7.75 Fusion Realtors Open Fall 7.13 Peregrine Triathlon 6.75 Leisure Services SportsPlex 6.63 Battle of Waterloo 5.89 Greater Cedar Valley Bowling 5050 5.38 Cedar Trails Partnership 4.44 ICHA Futurity 4.13 Waterhawks Ski Team 4.13 BLAST 3.89 My Waterloo Days 3.88 Young Arena 3.88 Arboretum 3.50 ASPIRE 3.22 Nort End Music Fest 3.00 Iowa Classic & Janesville Horse Show 2.88 Waterloo Community Playhouse 2.88 Jaycees Fireworks 2.75 Kingdom Regiment Drill Team 2.44 WCF Symphony 1.75 Black Hawk Children's Theater 1.38 CITY OF WATERLOO Council Communication City Council Meeting: April 2, 2012 Prepared: March 26, 2012 Dept. Head Signature: Cammie Scully # of Attachments: 0 SUBJECT: Resolution to approve submission of Black Hawk Gaming Grant Submitted by: Cammie Scully, Waterloo Cultural and Arts Commission Recommended City Council Action: Resolution approving Black Hawk Gaming grant in the amount of $222,459 to be used for a three phased public art project. Summary Statement: The project will include a mural for the north shore flood wall—across from WCA, banners that tie to the mural—all designed by an artist identified in an rfp process for the Arts Mall and RiverLoop Expo Plaza and 7 binocular viewers—created by a local artist that will feature past, present and future images for each particular site. Expenditure Required None Source of Funds Match is provided by WCA budget, CVB grant, Community Foundation grant, City Council discretionary funds Policy Issue None Alternative None Background Information: None CITY OF WATERLOO Council Communication City Council Meeting: April 2, 2012 Prepared: March 28, 2012 Dept. Head Signature: Sandie Greco # of Attachments: SUBJECT: Black Hawk County Gaming Grant Application Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve and authorize applying for a Gaming grant to purchase a central traffic signal control system. Summary Statement: The Gaming grant will be used to purchase and install an advanced central traffic signal control software to upgrade and replace the existing closed loop systems. Master controllers will no longer be needed and will be decommissioned. The new system will have an extended range of new and advance capabilities. Expenditure Required $150,000 Source of Funds 100% paid by grant if grant is awarded. Policy Issue Alternative Background Information: CITY OF WATERLOO Council Communication City Council Meeting: April 2, 2012 Prepared: March 27, 2012 Dept. Head Signature: Sandie Greco # of Attachments: SUBJECT: US 63 and Airline Advance End of Green Flashing Beacons Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Authorize Traffic Operations Department to Apply for an Iowa DOT USTEP Grant Summary Statement: The project involves installing solar powered radio controlled advance end of green flashing beacons on the US 63 southbound approach to Airline Highway. Expenditure Required $29,300 Source of Funds 55% Iowa DOT Grant $16,115 45% City Contribution $13,185 (In -House Labor $5,600; In -House Equipment $420; G.O. Bond $7,165) Policy Issue Alternative Background Information: The improvement is recommended based on traffic safety studies. Council Communication City Council Meeting: April 2, 2012 Prepared: March 28, 2012 Dept. Head Signature: Number of Attachments: 2 SUBJECT: Hotel/Motel Tax Mini -Grant Submitted by: Aaron Buzza Recommended City Council Action: Approve Convention and Visitors Bureau (CVB) board recommendation for funding a hotel -motel tax mini -grant for Iowa Auto Recyclers. Summary Statement: The CVB board reviewed the attached application from Iowa Auto Recyclers for their June event in Waterloo and has recommended fully funding the request in the amount of $3,000. Expenditure Required: $3,000 Source of Funds: Hotel -motel tax grant funding for FY12 Policy Issue: None Alternative: Do not provide funding Background Information: N/A GRANT REVIEW — Event/Capital Grant Application Organization: Iowa Automotive Recyclers Project(s) Overview: Iowa Automotive Recyclers are based in Waterloo and are hosting their state Summer Outing here in June. IAR promotes use of recycled automotive parts in vehicle repair and their membership is made up of family-owned businesses across the state. They anticipate that at least 200 people will attend, and that number could be higher, as Waterloo is a location that is much closer to most of their membership and closer to members in Wisconsin, Illinois, and Minnesota. The group keeps costs low, with registration just $99 for members. That registration allows the member to bring as many employees and family members as they care to. Most stay Friday night and they have 100% of the attendees stay Saturday. This event will likely be back in Waterloo every four years and the director of the association has indicated interest in bidding to host the national convention in Waterloo in the future, as well. Summary of Use of Funds: Grant funds would be used to assist with venue rental (Convention Center), transportation for the Saturday evening dinner/event, and entertainment for the Saturday evening dinner/event. Funds would also help advertise the event to generate more interest and attendance. Summary & How Application Relates to Goals: Goal l: Drive overnight stays in Waterloo We can anticipate 200+ room nights from the room, as most stay two nights, and a good percentage of the attendees are from outside of the area. They have 100 rooms blocked, but it is certainly reasonable to assume that they're going to use more than those 100. Goal 2: Support & reward active partners who serve/drive visitors to Waterloo This is a new applicant, but the director is from the Waterloo area and she is very interested in making Waterloo more of a destination for TAR. Goal 3: Support organizations and activities that have a positive impact on Waterloo The organization brings attendees from all over Iowa and from surrounding states. They have a great program planned, with education, vendors and social activities. In addition, they are planning a Sunday golf outing and are looking at family activities as well. The event itself has a good impact on the community and the longer-term impact should be excellent as well. This sets the stage for future events like this Summer Outing, and sets the stage for opportunities to partner to bid larger conventions, as well. Goal 4: Provide seed money for new ideas/projects This is the first time IAR has come to us for money. They have been meeting annually for quite some time, but we have not been funders previously. Goal 5: Provide assistance in marketing outside Black Hawk County They have good membership here in Waterloo, but the vast majority of the attendees will be coming from well outside of Black Hawk County. Grant Application 1. GENERAL INFORMATION (use a separate sheet of paper, if necessary): Name of organization: Iowa Automotive Recyclers Check payable to: (If different from above) SAME Name of project/event Iowa Auto Recyclers Summer Outing 2012 Date of project/event June 8-9, 2012 Contact person Sue Schauls Address of organization or person completing application (include address for check if different): Street 2214 Regal Ave City Waterloo State Iowa Zip 50702 Phone: 319-290-7843 Fax: 319-233-7970 2. Have you applied for funding during the regular hotel -motel tax grant cycle? Please explain why or why not. No, we are applying for the mini grant for this fiscal year. 3. What is the mission of your organization? The Iowa Auto Recyclers (IAR) promotes the use of recycled automotive parts in vehicle repair from responsible and compliant auto recyclers. 4. How does your organization benefit the community? IAR members are family-owned businesses that employ automotive technicians in skilled jobs and make retail sales in the community. 5. How long has the organization been in existence? IAR celebrated its 50th Anniversary in 2009. IAR organized as a non-profit in 1988. 6. How many staff members and/or volunteers are involved in this organization? IAR has one staff member, Sue Schauls the Executive Director, a volunteer Board of Director made up of 13 business owners and conducts charitable work and industry research using volunteers from the 68 direct member auto recycling and dismantling businesses. 7. Is a member of the Waterloo City Council on your Board of Directors? If so, please list them. NO 8. If hotel/motel tax funds were awarded in previous years, describe how monies were used (attach any appropriate materials). No previous request has been entered or awarded. 9. If hotel/motel tax funds were awarded in previous years for this project, please list any information available to show the impact of the event (hotels and number of rooms used, information about attendees, etc.) No previous request has been entered or awarded. 1 10. Please describe, in detail, your project. a) Explain the project as though you were telling a complete stranger. b) Please be sure to specify how the grant monies will be used in the overall project. The Iowa Auto Recyclers Summer Outing 2012 will be held in Waterloo, Iowa June 8-9, 2012. The annual event is an opportunity for IAR members and guests to network with fellow recyclers, attend training seminars on industry and small business topics of interest and to meet vendors of goods and services to the automotive recycling and salvage industry. The two-day event provides a compact schedule at a reasonable cost to both vendors and attendees. IAR members are welcome to bring as many of their employees and family members as they wish for one low price of $99. Guests may attend for $99 per person. The vendor booths are offered to IAR Vendor Members at $350 per booth with only 25 booths being offered. By limiting the number of booths offered IAR can offer a quality and sustainable event that vendors will be more likely to return to in future years. The grant funds will allow the association to attract attendees, speakers and vendors at these affordable prices by defraying the cost of the venue and the advertising material. The goal of the IAR Summer Outing is to make an affordable event where attendees may engage expert speakers and industry vendors from national companies in a safe and comfortable Midwest venue. The Summer Outing social event hosted at and by Waterloo Auto Parts on Saturday evening is an opportunity to renew friendships and raise money for the secondary education scholarship fund available to children of members/employees. 11. Please provide the following information about your project/program: a) Describe how the proposed project/program will bring visitors to the Waterloo area: The Iowa Auto Recyclers Summer Outing 2012 will bring at least 200 people to Waterloo to attend the event. Those folks will be made up of the 25 vendors exhibiting at the trade show being held at the 5 Sullivan Brothers Convention Center. Additionally, national speakers will converge on the event to provide eleven training opportunities to the expected 150-200 attendees. b) How many visitors do you expect at this event: 200 participants or more are anticipated. We expect over 125 attendees and at least 75 Vendors, most from out of town. c) How many hotel rooms do you expect will be used in Waterloo for this event: 100 rooms were blocked for the event. Most will be two night bookings. If you have room blocks at Waterloo hotels, please provide a list of those hotels IAR has arranged for a block of rooms at the Ramada Inn. 12. Describe specifically how the proposed project will be marketed. Please list, in detail, where marketing will take place: Using direct mail, IAR will market directly to the IAR member and non-member Iowa salvage yards as well as out-of-state auto recyclers from throughout the Midwest. We will also promote the event through our trade association newsletter distributed nationally to approximately 600 businesses in the industry. 2 13. Please provide a detailed description of the project budget. Please include information about additional funding sources, income and how the project cost and hotel/motel tax grant fit into the overall budget. Number of Summer Outing Budget 200 people Total $15,341.38 Covered by Booth fee & sponsorship -$3,000.00 GRANT 630-9 FRI $1,905.00 Welcome reception lite dinner grantable $1,200.00 Venue room rental (Vendor & classrooms) $75.00 CASH bar (no host) $375.00 vendor tables $150.00 flat fee electric cords for vendors 8-9 SAT $1,651.00 $50.00 10:30 SAT $150.00 12-130 $4,127.50 12-3 SAT Hot breakfast Projector usage coffee break Buffet Lunch in vendor area Vendor reception room rental Break to check in rooms or get dressed for dinner grantable $660.00 Bus to Yard (one bus multiple trips) 6pm WLOO AP BBQ at Yard 6-11SAT $1,100.00 Hosted bar w/ beer grantable $550.00 Band grantable $300.00 Venue rental in case of Rain $550.00 Tent/table/chair/table cloth rental paper plates/fork/napkins etc grantable $1,200.00 Advertising - printing, mailings, banners, etc. SAT $250.00 decorations Promo $600.00 printing $75.00 Plaque/trophy $186.44 Hotel room for staffing 2 n'ghts $186.44 Hotel room for staffing 2 nights Projected Income for Event from Registration Fees # Reg fee Total non -mem 10 99 990 member 30 99 2970 booth 25 350 8750 sponsors 6 500 3000 Total anticipated Fees $15,710 3 14. Additional information: With the recent move of the home office to Waterloo it is likely that this event will be held in Waterloo every 4t" year. Many of the IAR members are from the Waterloo area. 16. Please attach the following to the application: ✓ Proof of liability insurance ✓ List of current board of directors and officers ✓ Documentation of IRS 501 c determination ***xxx*xxxxxxxx*x**'e****x**xxxx**x***********xxxxxxx**************x** ***71 BUDGET SUMMARY: Total Project Cost Additional Funding Sources (H/M Tax Grant cannot be sole source). In -Kind Services Hotel/Motel Tax Grant Request $15 341.38 $12,341.38 From registration fees and sponsor donations. $ 3000 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 Grant Funds from the Waterloo Convention and Visitors Bureau. To the best of my knowledge, the information contained in this application and its attachments is accurate and complete. The Hotel/Motel Tax Grant funds are to be used for the express purpose as stated in the Grant Application. I, the undersigned, know full and well that if this program/project does not transpire, recommendation by the Waterloo Convention and Visitors Bureau Board of Directors for funding will be withdrawn. My organization will be responsible for refunding any portion of funds already received. 1 � . i SIC /' (t t,.) March 7, 2012 Signature of Applicant Date 5 Amended Council Agenda Items Council Meeting Monday, April 2, 2011 MEND Change to reflex funding for mini -grant program 7. Resolution approving Convention and Visitors Bureau Board recommendations for funding nineteen (19) FYE2O13 hotel/motel tax grant applications in the total amount of $133,837.32 and funding for the mini -grant program in the amount of $20,162.68. Submitted by Aaron Buzza, Executive Director of Waterloo Convention & Visitors Bureau Council Communication City Council Meeting: April 2, 2012 Prepared: March 28, 2012 Dept. Head Signature: Number of Attachments: 8 SUBJECT: Submitted by: Hotel/Motel Tax Grant Recommendations Aaron Buzza Recommended City Council Action: Approve Convention and Visitors Bureau (CVB) board recommendation for funding in the Event/Capital Hotel -Motel Tax Grant funds for FY13. Summary Statement: The CVB board has reviewed 32 applications for funding in the Event/Capital Hotel -Motel Tax Grant fund for Fiscal Year 2013, and has recommended funding 19 applications in the total amount of $133,837.32. The application and score sheets are being sent as attachments for Council's review. Expenditure Required: $133,837.32 Source of Funds: Hotel -motel tax grant funding for FY13 Policy Issue: None Alternative: Do not provide funding or provide recommendations for alternate funding. Background Information: This is the first year of funding in the Event/Capital fund. A portion of the overall grant funds were allocated to the CVB Partner grants, a portion to the Event/Capital grants and the remainder to the year-round (mini grants). Applicants were able to apply for as much funding as they needed, provided they could supply a dollar -for -dollar match for the project. The CVB Board reviewed all applications and scored based on the project's ability to meet the goals of the grant program, as highlighted on the grant application. In order to be considered for funding, an application needed to score at least 65%. Funding recommendations began with the top scores and continued until 65% was reached, or funds were exhausted. The top scoring applications are those that are able to meet the stated goals and therefore provide a stronger return on investment with these funds. The funding recommendation relates specifically to the scored percentage, with an applicant receiving their scored percentage of the total request. (example: score of 82% would equal funding recommendation of 82% of the requested funds). The weights placed on each of the goals were different for "community" events and "visitor" events/capital projects. The application highlights the difference between those weights. Community events are those that draw less than 50% of attendance from outside of Black Hawk County. Those not receiving funding will receive specific information about their scores related to the goals with hopes that changes can be made to help them achieve a higher score in future years. Waterloo Hotel -Motel Tax Grant application, FY 2013 Event/Capital Project Grant Applications Fiscal Year 2013 *part of the City of Waterloo Hotel -Motel Tax Grant process The Waterloo Convention & Visitors Bureau (CVB), on behalf of the City of Waterloo, is accepting grant requests for events and capital projects that will have a positive impact on the tourism industry in Waterloo during Fiscal Year 2013. Grant requests may be from either for-profit or non-profit organizations (non-profit must be qualified under IRS Section 501c). This application is used for three kinds of proposals: Community Events, Visitor Events, and Capital Projects. Visitor Events are those that draw greater than 50% of attendance from outside Black Hawk County, while Community Events less than 50% of attendance from outside Black Hawk County. The hotel -motel tax grants have been established to reach the following goals which will be used to score your application: Goals: Community Events Visitor Events or Capital Projects Drive overnight stays in Waterloo (heads in beds) 15 points 40 points Support and reward active partners who serve and/or drive visitors to Waterloo 25 points 10 points Support organizations and activities that have a positive impact on Waterloo 25 points 10 points Provide seed money for new ideas and projects 25 points 20 points Provide assistance in marketing outside of Black Hawk County 10 points 20 points Additionally, 20 points will be used to score the use of grant funds and appropriateness of the budget. Applications should specifically show how the event or project brings visitors to Waterloo, both for this event or project, and in the long-term as well. Grants are not intended to provide operational support, but are intended to support marketing, capital and event efforts that help advance the goals above. Grant Requirements: • Granted funds are available after the project has occurred, and are paid as reimbursement for money spent. Copies of invoices and proof of payment must be provided for grants to be paid. No exceptions will be made. • Events are allowed to apply in the Community Event category for only 3 years. After that time, the event must draw greater than 50% of its attendance from outside Black Hawk County and apply under the Visitor Event Category or will no longer be allowed to apply for funding. • Applicants should show matching funds of 50% or more for the project. The grant will fund no more than 50% of the actual total project cost. Funds directly involved with the project may be used as match. Overall operational funds may not be used to match the grant funds for a particular project. • Organizations may apply for the amount of funding needed, provided they can show matching funds of 50% or more. o Community Events may only apply for a maximum of $5,000 in funding through this grant. • If the final total project cost is less than projected in this application, the final approved award will be reduced by the same percentage, as well. 1 Waterloo Hotel -Motel Tax Grant application, FY 2013 • Funds may be used solely for fundable items listed below. Any use of grant money for non -fundable items, as listed below, will result in total funding being reduced by the amount spent on non -fundable items. • Funding is for projects that occur between July 1, 2012 and June 30, 2013 only. • The correct year's application must be used, and the entire application must be typed. • Funding must be used for the project designated on this application or funding may be forfeited. Any changes in the project must be approved prior to the project occurring. • All project printed materials, signage or advertising must contain the words, "Sponsored in part by a City of Waterloo Hotel -Motel Tax Grant" and a logo, which will be provided at the request of the grantee. • Applications for capital projects must be from non-profit organizations only. • In order for applications to be considered, applicants must attend a grant workshop provided by the CVB, or meet individually with Aaron Buzza prior to submitting application. No applications will be considered without attendance. Fundable items: • Advertising and Marketing (Print/Electronic/Billboard) • Capital improvements o Includes new construction, renovation, restoration, installation of fixtures and equipment rental or purchase. ▪ Capital improvements should have a profound ability to impact an event/organization and its ability to draw out -of -county visitors. • Applicants must show with specific data how the capital project will provide a long-term impact on tourism in Waterloo. • Direct mail campaign expenses related to the event/project • Entertainment and honorariums • Printed materials that promote visits to the event/project prior to the event occurring • Prize funds and/or purses • Travel Shows o Funding for booth space, registration fees, and travel related to the show • Bid money for events, tournaments, convention, etc. • Basic facility rental costs o Costs such as food/beverage and staff time are not fundable • Event -related security and safety services • Marketing and design services • Transportation to and around Waterloo for the event Non -Fundable Items: • Annual operating expenditures • Professional services o Includes legal, engineering, accounting, auditing, consulting or other services not expressly listed as fundable • Salaries, wages or administrative fees • Travel expenses of staff and guests not expressly listed as fundable 2 Waterloo Hotel -Motel Tax Grant application, FY 2013 • Tangible personal property, including but not limited to, copy/fax machines, computer equipment, other office equipment or furniture, light fixtures, musical instruments, permanent collections and exhibits • Program books, trophies, medals, plaques, bumper stickers, table tents, shirts, hats, banners, flags, stationary, etc. • Food and beverage • Toll-free phone numbers, in-house postage, or material inventory • Membership solicitation materials and donations/contributions to sponsors • Reprinting of current brochures • Prizes for fundraisers, raffles, or events (including electronics, gift certificates, etc.) • Interest or reduction of deficits or loans • Anything contrary to state or federal law or local ordinance Note: Non fundable items may be included as matching funds General instructions: Applicants must include one typed hard copy of the application, including all additional information requested as well as one electronic copy of the grant, sent to grants@travelwaterloo.com. Grants will not be considered received until both versions are received by the CVB. Send or deliver completed applications and copies to: Waterloo CVB Attn: Grants 500 Jefferson St. Waterloo, IA 50701 Timeline: SESSION 1: January 1, 2012 Applications available to organizations January 31, 2012 Applications due to CVB February/March CVB Board meets and makes recommendations to Waterloo City Council for approval April 1, 2012 Applicants notified of funding results July 1, 2012 Funds available after completion of project 30 days after event/project Project evaluation form and final report due to CVB Note: Awarded grant money will be distributed in full from the City of Waterloo approximately one month following the recipient's submission of one hard copy and one electronic copy of the completed project evaluation form for the funded project. Evaluations are to be returned within 30 days of the completion of the event or project. Failure to provide this final report will result in the delay or loss of grant funds. Failure to utilize grant funds for the use(s) provided in this grant application may result in funding being disallowed, reduced or delayed. Use of approved funds for non fundable items will result in funding being disallowed or reduced. 3 Waterloo Hotel -Motel Tax Grant application, FY 2013 Waterloo Hotel -Motel Tax Grant Application, F0013 Event & Capital Projects- — Entire application MUST be typed and every question must be answered fully This application is for funding of the following type of project (please check one): Capital Project Visitor Event Community Event Visitor Events: Events that draw greater than 50% of attendance from outside Black HawkCounty. Community Events: Events that draw less than 50% of attendance from outside Block Hawk County. Total Request: $ Total Project Cost $ Contact Information Name of organization Check payable to (if different than above) EIN Number Name Sc Date of project/event Contact person Address City State Zip Phone number Email Organization web address 1. Organizational/Background Information a. What is the mission of your organization? b. How does your organization benefit the community? c. How long has your organization been in existence? d. How many staff members and/or volunteers are involved with the organization? e. Is a member of the Waterloo City Council on your Board of Directors? If yes, please list. f. How does your organization market outside of Black Hawk County? g. Has your organization/business received hotel -motel tax grants previously? If so, please provide a list of projects. h. Have hotel -motel tax grants been received for this project previously? If so, please provide a copy of the completed project evaluation form(s) that were turned in for reimbursement. i. Please attach Proof of Liability Insurance, Board/Management information, IRS Documentation. 2. In what manner have you effectively supported or participated with the Waterloo CVB in the last 12 months? Examples include tradeshows, co-op marketing, event bids, etc. 4 Waterloo Hotel -Motel Tax Grant application, FY 2013 3. Project/Event Information a. Please describe the project and specify the goals for the project. b. Please describe the mechanism for measuring the success of the project goals. c. For profit entities only: Please describe how this project is different from your normal business and how this ties into your normal business. How is this project tourism -related? d. For capital projects only: Please describe how this ties into your organization's mission, and how the project is tourism -related. How will this project allow you to draw additional people to Waterloo? 4. Is this a new project or idea? If yes, please explain how this proposal explores a new idea, new direction, is innovative or is a new project? 5. How does this event bring people to Waterloo from outside Black Hawk County? 6. What are expectations for attendance? a. How many people do you expect from outside of Black Hawk County? b. Please describe the specific mechanism for tracking attendance. 7. What are your expectations for hotel room use in Waterloo? 8. Please describe your marketing efforts. a. What specific marketing will you be doing outside of Black Hawk County? 9. How does this project have a positive and lasting impact on Waterloo? 10. Please fill out the attached budget information (attached Excel file), and provide the following budget snapshot. a. Total Income: b. Total Expense: c. Net Profit (Loss) for the event: d. Please describe how the requested grant money fits into the overall project. How will the funds be used, and does this grant have a profound impact on your ability to host this event? e. How will profit (if applicable) be used by the project/organization/business? Additional Information Are there additional details that should be known by the CVB Board of Directors or Waterloo City Council? Acknowledgment and Signature I have reviewed this Application for Grant Funds from the City of Waterloo and Waterloo Convention and Visitors Bureau. To the best of my knowledge, the information contained in this application and its attachments is accurate and complete. The Hotel -Motel Tax Grant funds are reimbursement funds for project funding already spent, and are to be used for the express purpose as stated in the Grant Application. I, the undersigned, know full and well that if this program/project does not transpire, recommendation by the Waterloo Convention and Visitors Bureau Board of Directors for funding will be withdrawn. My organization will be responsible for refunding any portion of grant funds already received or for covering the costs for portions of the project that are non -fundable or not stated herein. Signature of Applicant Date 5 o V o u1 to to CO n N O O CO M �' to O ci o ch 4.41n 00 00 ul to N. N. O 00 CO m in N ul 00 OD a1 �. • 00 n n: 0o tD rn N O lD N 0 M N M. W a N N ri LID N LD n N tO mu' m C7 LO CO m 7:1 N n. ul u) N N e N n N n 0100 N 0 M N W Cf n to m LA M M CO C C ri ri N ri LL O ul 0 0 0 N 0 0 0 0 u1 O o O m 0 0 0 0 0 0 0 0 0 0 0 0 o O O - 0 N 0 0 O. ri 0 0 0 0 N 0 0 0 rn 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y 0 N 0 0 0 d: in O o O a o O O O o 0 0 0 m 0 0 in o M 0 u) O O O 7 m LS O u) en N u) N N CO to u) M O rn tri O 4. N O u) to u) u) N u) u) u) rn N ri 4 ri N N N NN ri N M LID rn in a N < 00 In N V' LD O CO ID ri CO ri u1 CO < ri LO CO In N m m rn n 00 Ul v tO. Ul n d vl to n Lc) vl rn m co co co LD n to. < 00 n Ul 00 n n LO v o n 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 d Gl K N N W 4- 0 0 u N a) 00 m C N u a) a rn al O co co. o o M u1 m in '7' o ri ri o Lnin o '7 o m o to o m n rn r I n' co co o m n o to N n to N N O n n o n N o al Ul ri o CO 0 ri o N M tO tD 00 00 a d m al O u1to n 0o ul N n O M al N N n N N M tD u) M rn O m N LO u) n LO CO LO LID 00 CO 0 LID O < O CI) O n co co u1 Ol al n o co al. co.' ul co al tn X m E 01 0L u to Applicant Arboretum - ASPIRE { Battle of Waterloo Black Hawk Children's Theater Black Hawk Wrestling BLAST Cedar Trails Partnership Fusion Realtors Open Fall Fusion Realtors Open Spring Greater Cedar Valley Bowling 5050 ICHA Futurity IOMA Darts & Pool Iowa Classic & Janesville Horse Show Iowa Rural Water Association Iowa Square & Round Dance Irish Fest Jaycees Fireworks Jaycees Waterloo Open Junior Greater Iowa Scholarship Bowling Kingdom Regiment Drill Team Leisure Services SportsPlex My Waterloo Days Nort End Music Fest Overseas Recruiting Fair Peregrine Triathlon Trekman Racing. Waterhawks Ski Team WCF Symphony Waterloo Community Playhouse , Winterfest 42. a < f]. N N M V Ul 4.1:4n CO Ol O N N N N ri CO N <T N u1 N tD N n N co N al N O N ri N N N CO N <to N N LID N N Co N Ol N O CO N N V1 en M N 0 M co 00 M M M ri 0 0 0 0 u")ri 0 H u1 00 CO Gr O C O Y N U O N N Q 0) Y U 0) 0 d 0) U 0 d 0 0 0) 01 Y CO co C a) Q C 3 0 } <i M N M 0) Y Y 0) 0 0 O ul LD C 0 tnU Lrl N 0 0 a-+ C 3 LL V N 0) cr3 a, L f0 4-40 0 4- 0 v CCI C C C) U a) 0 0) 0 In h C_ C 3 LL USE OF FUNDS IOMA Darts & Pool 9.29 Leisure Services SportsPlex 9.25 Overseas Recruiting Fair 9.14 Iowa Rural Water Association 9.00 Waterloo Police Protective Association 8.86 Irish Fest 8.75 Iowa Square & Round Dance 8.57 Winterfest 8.57 Black Hawk Wrestling 8.56 ICHA Futurity 8.25 Battle of Waterloo 8.13 Jaycees Fireworks 8.13 My Waterloo Days 8.13 Jaycees Waterloo Open 8.00 Trekman Racing 8.00 Waterloo Community Playhouse 7.88 Junior Greater Iowa Scholarship Bowling 7.75 Peregrine Triathlon 7.63 Nort End Music Fest 7.50 Cedar Trails Partnership 7.44 Waterhawks Ski Team 7.38 Arboretum 7.22 Fusion Realtors Open Spring 7.00 ASPIRE 6.89 Greater Cedar Valley Bowling 5050 6.88 WCF Symphony 6.75 Fusion Realtors Open Fall 6.63 BLAST 6.56 Iowa Classic & Janesville Horse Show 5.75 Young Arena 5.75 Black Hawk Children's Theater 5.56 Kingdom Regiment Drill Team 5.22 POSITIVE IMPACT TOTAL Overseas Recruiting Fair 9.57 Jaycees Waterloo Open 9.50 Irish Fest 9.25 Leisure Services SportsPlex 9.25 My Waterloo Days 8.75 IOMA Darts & Pool 8.71 Peregrine Triathlon 8.63 Trekman Racing 8.63 Waterloo Community Playhouse 8.63 Waterloo Police Protective Association 8.43 Arboretum 8.33 Winterfest 8.29 Iowa Square & Round Dance 8.14 Battle of Waterloo 8.00 Black Hawk Wrestling 7.89 Fusion Realtors Open Fall 7.88 Jaycees Fireworks 7.88 Cedar Trails Partnership 7.78 Fusion Realtors Open Spring 7.63 Nort End Music Fest 7.63 Iowa Rural Water Association 7.57 Junior Greater Iowa Scholarship Bowling 7.56 Greater Cedar Valley Bowling 5050 7.38 ASPIRE 7.22 Waterhawks Ski Team 7.13 WCF Symphony 7.13 Black Hawk Children's Theater 7.00 ICHA Futurity 6.50 Young Arena 6.50 BLAST 5.33 Iowa Classic & Janesville Horse Show 5.13 Kingdom Regiment Drill Team 5.13 ACTIVE PARTNER TOTAL Irish Fest 9.25 Jaycees Waterloo Open 9.25 Leisure Services SportsPlex 9.00 Jaycees Fireworks 8.88 Overseas Recruiting Fair 8.86 My Waterloo Days 8.63 IOMA Darts & Pool 8.57 Iowa Square & Round Dance 8.43 W i nterfest 8.43 Trekman Racing 8.25 Waterloo Police Protective Association 8.14 Black Hawk Wrestling 8.00 Peregrine Triathlon 7.88 Fusion Realtors Open Spring 7.63 Junior Greater Iowa Scholarship Bowling 7.50 Waterloo Community Playhouse 7.50 Battle of Waterloo 7.33 Fusion Realtors Open Fall 7.25 Iowa Rural Water Association 6.86 Greater Cedar Valley Bowling 5050 6.75 Arboretum 6.56 Young Arena 6.50 ICHA Futurity 6.25 Waterhawks Ski Team 6.25 Cedar Trails Partnership 6.11 Nort End Music Fest 5.75 ASPIRE 5.67 Black Hawk Children's Theater 5.50 Kingdom Regiment Drill Team 5.00 Iowa Classic & Janesville Horse Show 4.88 BLAST 4.78 WCF Symphony 4.75 NEW IDEAS TOTAL Leisure Services SportsPlex 9.25 Iowa Rural Water Association 8.43 My Waterloo Days 7.50 Waterloo Police Protective Association 7.43 OMA Darts & Pool 7.29 Arboretum 7.11 Fusion Realtors Open Spring 6.63 Trekman Racing 6.50 Iowa Square & Round Dance 6.00 Peregrine Triathlon 6.00 Battle of Waterloo 5.89 Fusion Realtors Open Fall 5.75 Young Arena 5.63 Overseas Recruiting Fair 5.14 Waterloo Community Playhouse 5.13 ICHA Futurity 4.75 Irish Fest 4.63 Hort End Music Fest 4.63 Waterhawks Ski Team 4.63 Winterfest 4.29 ASPIRE 3.78 Junior Greater Iowa Scholarship Bowling 3.75 Black Hawk Children's Theater 3.67 Greater Cedar Valley Bowling 5050 3.38 Jaycees Waterloo Open 3.38 Black Hawk Wrestling 3.33 BLAST 3.22 Kingdom Regiment Drill Team 3.22 Iowa Classic & Janesville Horse Show 3.00 Jaycees Fireworks 3.00 WCF Symphony 2.75 Cedar Trails Partnership 2.44 MARKETING OUTSIDE BH CO. TOTAL 10MA Darts & Pool 9.14 Irish Fest 8.88 Iowa Rural Water Association 8.71 Overseas Recruiting Fair 8.71 Trekman Racing 8.13 Leisure Services SportsPlex 7.88 Waterloo Police Protective Association 7.86 Peregrine Triathlon 7.63 Winterfest 7.57 Iowa Square & Round Dance 7.43 Jaycees Waterloo Open 7.38 Waterloo Community Playhouse 7.13 Cedar Trails Partnership 7.00 My Waterloo Days 6.88 Waterhawks Ski Team 6.75 Nort End Music Fest 6.50 WCF Symphony 6.50 Battle of Waterloo 6.44 Fusion Realtors Open Spring 6.13 ICHA Futurity 6.00 ASPIRE 5.89 Black Hawk Wrestling 5.89 Fusion Realtors Open Fall 5.88 Arboretum 5.44 Black Hawk Children's Theater 5.22 Kingdom Regiment Drill Team 5.22 Junior Greater Iowa Scholarship Bowling 4.63 Greater Cedar Valley Bowling 5050 4.25 Jaycees Fireworks 4.00 BLAST 3.89 Iowa Classic & Janesville Horse Show 3.00 Young Arena 3.00 OVERNIGHT STAY TOTAL IOMA Darts &.Pool 9.86 Overseas Recruiting Fair 9.86 Iowa Square & Round Dance 9.29 Irish Fest 9.25 Waterloo Police Protective Association 9.14 Iowa Rural Water Association 9.00 Winterfest 9.00 Jaycees Waterloo Open 8.38 Junior Greater Iowa Scholarship Bowling 8.38 Black Hawk Wrestling 8.33 Trekman Racing 8.25 Fusion Realtors Open Spring 7.75 Fusion Realtors Open Fall 7.13 Peregrine Triathlon 6.75 Leisure Services SportsPlex 6.63 Battle of Waterloo 5.89 Greater Cedar Valley Bowling 5050 5.38 Cedar Trails Partnership 4.44 ICHA Futurity 4.13 Waterhawks Ski Team 4.13 BLAST 3.89 My Waterloo Days 3.88 Young Arena 3.88 Arboretum 3.50 ASPIRE 3.22 Hort End Music Fest 3.00 Iowa Classic & Janesville Horse Show 2.88 Waterloo Community Playhouse 2.88 Jaycees Fireworks 2.75 Kingdom Regiment Drill Team 2.44 WCF Symphony 1.75 Black Hawk Children's Theater 1.38 CITY OF WATERLOO Council Communication City Council Meeting: April 2 2012 Prepared: March 27, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: CHANGE ORDER NO. 3 - $75,713.40 INCREASE F.Y. 2011 ASPHALT OVERLAY PROGRAM ASPRO, INC. CONTRACT 796 Submitted by: Jamie Knutson, P.E., Associate Engineer Recommended City Council Action: Staff has reviewed this Change Order and recommends that the Mayor be authorized to sign it on behalf of the City. Please execute all three (3) copies and return three (2) to our office for further processing. Summary Statement Transmitted herewith is Change Order No. 3 in the increased amount of $75,713.40. This is the accumulated amount of adjustments from original to final quantities that were determined necessary during the construction of the project, which results in a increase to the total project cost. Expenditure Required Source of Funds Local Option Sales Tax Funds Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting: April 2, 2012 Prepared: March 27, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: Submitted by: F.Y. 2011 ASPHALT OVERLAY PROGRAM CONTRACT 796 Eric Thorson, P.E., City Engineer Recommended City Council Action: It is recommended that this project be accepted. Summary Statement I report that ASPRO, INC., of Waterloo, Iowa, has completed the F.Y. 2011 ASPHALT OVERLAY PROGRAM, CONTRACT NO. 796 in accordance with the plans and specifications. The total cost of the contract was $3,938,896.59. Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees the maintenance of this improvement for a period of two (2) years. Expenditure Required Source of Funds Local Option Tax Funds Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director Pauline Closson, Engineering Department CITY OF WATERLOO Council Communication City Council Meeting: April 2, 2012 Prepared: March 27, 2012 Dept. Head Signature: Sandie Greco # of Attachments: 2 SUBJECT: Submitted by: Traffic Safety Awareness and Capital Campaign: Drive Safe Cedar Valley Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve Agreement with Hellman for another year of traffic safety education and capital campaign. Summary Statement: City has received federal authorization to continue the project into another year with Hellman. Expenditure Required $62,440 Source of Funds $50,000 federal STP grant covering 80% of the costs. 20% match general obligation bonds. Policy Issue Alternative Background Information: Drive Safe Cedar Valley is a continuous public traffic safety and capital campaign to affect driving culture towards a zero fatality goal. The agreement with Hellman will allow them to continue working on the project. CITY OF WA 1'ERLOO Council Communication City Council Meeting: April 2, 2012 Prepared: March 27, 2012 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: AGREEMENT WITH WATERLOO WATER WORKS FOR WATER MAIN REPLACEMENT IN CITY CONTRACT F.Y. 2012 STREET RECONSTRUCTION PROGRAM CONTRACT NO. 819 Submitted by: Dennis Gentz, P.E., Assistant City Engineer Recommended City Council Action: The City Engineer's Office recommends that the Mayor be authorized to sign this agreement on behalf of the City of Waterloo. Summary Statement This agreement is between the City of Waterloo and the Waterloo Water Works for water main replacement on W. 9`h Street (Patton Avenue to Glenny Avenue), Maynard Avenue (Hughes Drive to Valley Road), and 2000 Block of E. Ridgeway Avenue. The City of Waterloo will be responsible for the cost of the reconstruction of the street and the Waterloo Water Works will be responsible for the cost of the water main replacement. The City will process the payments to the contractor and will then be reimbursed by the Waterloo Water Works. This agreement is available in the City Clerk's office if you wish to review it in its entirety. Expenditure Required Source of Funds Street Recon portion - Local Option Sales Tax Funds Policy Issue N/A Alternative None Background Information: Cc: Rudy Jones, Community Development Director ,l.fm or BUCK CLARK COUNCIL MEMBERS DAVID JONES Hard I CAROLYN COLE Ward 2 HAROLD GETTY !Ward 3 QUENTIN M. WART Ward 4 RON )(YELPER Ward 5 BOB GREENWOOD At -Large STEVE • SCHMITT At -Large CITY OF WATERLOO, IOWA CITY CLERK AND FINANCE DEPARTMENT 715 Mulberry Street • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 SLAY SCHARES • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: April 2, 2012 March 27, 2012 'i2i.�ckL&t. None SUBJECT: FYE2012 Bond Issue Hearing for Uses in the Downtown Urban Renewal Area Submitted by: Michelle Weidner, Chief Financial Officer Recommended City Council Action: Set the date of hearing for bonds to be issued this spring for projects in the Downtown Urban Renewal Area. We are requesting this hearing be done now so that we can move ahead with the completion of property acquisitions and demolitions in the downtown area. Therefore, I recommend that council adopt the following resolution: Resolution to fix date of hearing as April 16, 2012 on the issuance of not to exceed $800,000 General Obligation Bonds for essential corporate purposes of said City, the proceeds of which bonds will be used to provide funds to pay costs of aiding in the planning, undertaking and carrying out of urban renewal project activities under the authority of the Urban Renewal Plan for the Downtown Waterloo Urban Renewal and Redevelopment Plan Area and Chapter 403 of the Code of Iowa, including the acquisition of properties for public and private redevelopment. Summary Statement: We are planning to sell $8,000,000 in general obligation bonds for general purposes later this spring, but are still working on the project details for that issue. This hearing addresses only bonds to be used in the Downtown Urban Renewal Area. Expenditure Required: $800,000. Source of Funds: revenue. Policy Issue: repayment. Alternative: The City could choose not to sell bonds and not proceed with downtown urban renewal projects that are currently planned and underway. Repayment will be made using tax increment The issuance of bonds commits the city to future Background Inform‘fm:BSIIb: www.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/AfOmiative Action Employer Ma+or BUCK CLARK COUNCIL MEMBERS DAVID TONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD A/ -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY HALL • 715 Mulberry Street • Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: Submitted by: Waterloo, IA 50703 • (319) 291-4301 Fax (319) 291-4286 April 2, 2012 Mayor Clark March 29, 2012 / -`�*— /_ Cedar Valley SportsPlex — Notice of Public Hearing for Construction Plans and Specifications Mayor Clark Recommended City Council Action: Resolution setting the date of hearing as April 16, 2012 to receive and approve Plans and Specifications for the construction of the Cedar Valley SportsPlex facility and providing for publication of the notice thereof. Summary Statement: As you know, the City has been working with the Waterloo Development Corporation to construct a SportsPlex facility on the land approximately bounded by Jefferson Street, West Mullan and nearly to West Third Streets. Chapter 364.4(4)0) of the Code of Iowa requires that the city hold a public hearing on the plans and specifications, form of contract and estimate of cost be held before the Lease Purchase Agreement for the facility is approved. The plans and specifications are available for review in the City Clerk's office. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: None N/A None N/A N/A CITY WEBSiTE: www.cityofwater)ooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward 1 CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN M. HART Ward 4 RON WELPER Ward 5 BOB • GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA CITY HALL • 715 Mulberry Street • Council Communication City Council Meeting: Prepared: Dept. Head Signature: Number of Attachments: SUBJECT: Submitted by: Waterloo, IA 50703 • (319) 291-4301 Fax (319) 291-4286 April 2, 2012 March 29, 2012 Mayor Clark One )ij y • 4662 - Lease Purchase Agreement with Waterloo Development Corporation for Cedar Valley SportsPlex Mayor Clark Recommended City Council Action: Resolution setting the date of hearing as April 16, 2012 for the approval to authorize a lease purchase agreement between the City of Waterloo and the Waterloo Development Corporation for the purpose of acquiring a multi -use recreational and athletic facility complex to be known as the Cedar Valley SportsPlex and providing for publication of the notice thereof. Summary Statement: As you know, the City has been working with the Waterloo Development Corporation to construct a SportsPlex facility on the land approximately bounded by Jefferson Street, West Mullan and nearly to West Third Streets. This agreement outlines the requirements between the City and the Waterloo Development Corporation for the City to operate the facility when construction is complete. Expenditure Required: Source of Funds: Policy Issue: Alternative: Background Information: None N/A None N/A N/A CITY WEBSI I E: wuw.cityofwaterlooiowa.com WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer EXHIBIT B LEASE PURCHASE AGREEMENT BETWEEN CITY AND DEVELOPER This Lease Purchase Agreement, is made and entered into as of the day of , 2012 (the "Lease Purchase Agreement" or "Lease"), by and between the City of Waterloo, Iowa, a duly organized political subdivision of the State of Iowa (the "City"), and Waterloo Development Corporation, an Iowa nonprofit corporation (the "Developer"). "Parties" are City and Developer. WITNESSETH: WHEREAS, the Developer and City have entered into a Development and Property Transfer Agreement dated December 19, 2011 (the "Development Agreement"), which Development Agreement provides that the Developer will privately finance and construct a public sportsplex facility (the "Improvements" (as defined in the Development Agreement)) on certain City -owned property more specifically described on Exhibit "A" attached hereto (the "Property"), which Developer will then lease to City, with a right on the part of the City to purchase the same at the end of the lease term; and WHEREAS, this Lease Purchase Agreement shall provide the terms and conditions of the lease of the Improvements, management of the Improvements by the City, and potential purchase of the Improvements by the City from the Developer; and WHEREAS, the Developer proposes to lease the Property and the Improvements to the City, and the City desires to lease the Property and the Improvements from the Developer, upon the terms and conditions set forth in this Lease. LEASING CLAUSE The Developer hereby leases to the City, and the City hereby leases and takes from the Developer, the following: (i) All of the Developer's right, title and interest in the Property; and (ii) The Improvements situated or to be situated thereon, together with all items of Furnishings which are or will be situated on or in the Property. TERM AND CONSIDERATION TO HAVE AND TO HOLD the Property unto the City, in consideration of the Rent provided in Section 4.01 of this Lease Purchase Agreement to be paid by the City 1 and the terms, covenants and conditions to be performed and kept by the City commencing on the Effective Date, for a term as defined in Section 3.02. This Lease Purchase Agreement is granted and accepted in consideration of the following representations, terms, covenants and conditions of the parties, and the Developer and the City hereby agree to keep and perform all the terms, covenants and conditions hereof on their part to be kept and performed as follows: ARTICLE I DEFINITIONS Section 1.01. Defined Terms Generally. In addition to the words and terms elsewhere defined in this Lease or in the Development Agreement, the following words and terms as used in this Lease shall have the following meanings unless the context or use indicates another or different meaning or intent and such definitions shall be equally applicable to both the singular and plural forms of any of the words and terms herein defined: "Business Day" means any day other than a Saturday, a Sunday, a day on which banking institutions are authorized by law to close for general banking purposes in the State of Iowa or a day on which the City offices are not open for the transaction of business. "Contractors" means each general contractor, subcontractor or material supplier providing services or materials or both for the construction or installation of the Project. "Effective Date" means the date defined in Section 3.02(1). "Event of Default" means an Event of Default described in Section 10.01 of this Lease Purchase Agreement which has not been cured. "Furnishings" means the items defined in Section 5.02. "Hazardous Materials" means, without limitation, any flammable explosives, radioactive materials, hazardous waste, hazardous or toxic substances or related materials defined in the Comprehensive Environmental Response, Comprehensive and Liability Act of 1980, as amended (42 U.S.C. SS 9601, et. seq.) and The Hazardous Materials Transportation Act, as amended (40 U.S.C. SS 1801, et. seq.), and the regulations adopted and publications promulgated pursuant thereto, or any other federal, state, or environmental law, ordinance, name, or regulation with respect to such materials. "Indebtedness" means all outstanding Project -related indebtedness of the Developer related to the Improvements as defined by Section 13.01. "Lease Term" or "Term" means the period during which this Lease is in effect pursuant to Section 3.02. "Lease Termination Date" means the date defined in Section 3.02(2). "Notice of Purchase Right" means the notice described in Section 13.01(1). "Notice of Termination of Lease Purchase Agreement" means the notice described in Section 13.01(2). "Project" means the construction and operation of the Improvements as defined in the Development Agreement. "Project -related indebtedness" means indebtedness relating to the construction of the Project. "Purchase Right" means the purchase right described in Section 13.01(1). "Put Option" means the option described in Section 13.01(2). "Put Option Termination Date" means the date described in Section 13.01(2)(a). "Rent" means rent payable to the Developer under Section 4.01 of this Lease. "Statement" means the detailed notarized written statement showing all Indebtedness, described in Section 13.01. "Special Warranty Deed" means the deed to the Property described in Section 13.01. "Surplus Income" means the amounts as defined in Section 13.03. Section 1.02. Additional Provisions as to Interpretation. This Lease shall be interpreted in accordance with and governed by the lawn of the State of Iowa. The words "herein" and "hereof' and words of similar import, without reference to any particular section or subdivision, refer to this Lease as a whole rather than to any particular section or subdivision hereof. 3 References herein to any particular section or subdivision hereof are to the section or subdivision of this instrument as originally executed. ARTICLE II REPRESENTATIONS Section 2.01. Representations by the City. The City makes the following representations: (1) The City is a duly organized and existing municipal corporation of the State of Iowa. (2) The execution and delivery of this Lease Purchase Agreement and the performance of all covenants and agreements of the City contained in this Lease Purchase Agreement are authorized by the Constitution and laws of the State of Iowa and the execution, delivery, and performance of this Lease Purchase Agreement by the City are authorized and have been duly authorized by resolution of the City. (3) The City has not made, done, executed or suffered and warrants that it will not make, do, execute or suffer any act or thing whereby its leasehold interest in the Property may be impaired or charged or encumbered other than as provided herein. (4) There is no litigation pending or, to the best of its knowledge, threatened against the City relating to this Lease Purchase Agreement or questioning the organization, powers or authority of the City. (5) The execution and delivery of this Lease and the consummation of the transactions herein contemplated will not materially conflict with or constitute a material breach of or default under any bond, debenture, note or other evidence of indebtedness or any contract, loan agreement or lease to which the City is a party or by which it is bound, or result in the creation or imposition of any lien, charge or encumbrance of any nature upon any of the property or assets of the City contrary to the terms of any instrument or agreement. (6) The City will maintain Property at all times free of Hazardous Material or other material, the removal of which is required or the maintenance of which is prohibited or penalized under any federal, state, or local law 4 The City confirms that the Property is properly zoned for the uses thereof contemplated by the Development Agreement. This Lease Purchase Agreement is a valid and legally binding instrument of City, enforceable in accordance with its material terms, except as the same may be limited by bankruptcy, insolvency, reorganization, or other laws relating to or affecting creditors' rights generally. Section 2.02. Representations by the Developer. The Developer makes the following representations: (1) The Developer is a nonprofit corporation duly organized and validly existing and in good standing and is authorized to transact business in the State of Iowa. (2) Neither the execution and delivery of this Lease Purchase Agreement nor the covenants, agreements or obligations of the Developer under this Lease Purchase Agreement constitute a material default (or an event which, with notice or the lapse of time, or both, would constitute a material default) under any contract, agreement or other instrument or document to which the Developer is a party or by which the Developer or its property is bound. (3) The execution and delivery of this Lease Purchase Agreement by the Developer and the observance and performance by the Developer of its covenants, agreements and obligations under this Lease Purchase Agreement do not require the consent or approval of any governmental authority which has not been obtained. (4) The Developer has duly authorized by proper corporate action its execution, delivery, observance and performance of this Lease Purchase Agreement. (5) Assuming the due authorization, execution and delivery thereof by the City, this Lease Purchase Agreement and all instruments and documents contemplated in this Lease Purchase Agreement which are executed and delivered by the Developer constitute and will constitute legal, valid, binding and enforceable obligations or representations, as the case may be, of the Developer , except as the enforceability thereof may be limited by applicable bankruptcy, insolvency, reorganization, moratorium or other similar laws affecting the rights of creditors generally and except to the extent that the enforceability thereof may be affected by general principles of equity. 5 (6) Neither this Lease Purchase Agreement nor the covenants, agreements or obligations of the Developer under this Lease Purchase Agreement contravene the Developer's articles of incorporation or by-laws, or violate in any material respect any statute, rule, regulation or other law, or any court or administrative order, applicable to the Developer. ARTICLE III TITLE AND TERM Section 3.01. Title. During the term of this Lease Purchase Agreement, and so long as City is not in default as provided in Article X (and which default has not been cured), title to the Property and Improvements and any and all repairs, replacements, substitutes and modifications to the Property or Improvements shall be in City, although a Special Warranty Deed to the Property shall not be issued by Developer to the City until the City exercises its Purchase Right under Section 13.01(1). Section 3.02. Term. (1) Effective Date: No party has any rights or obligations under this Lease Purchase Agreement until the Improvements (Phase I) have been completed, the Improvements have been initially equipped pursuant to Section 5.02 of this Lease Purchase Agreement, and the City has issued a certificate of occupancy. No certificate of occupancy shall be issued by the City until the Improvements have been initially equipped pursuant to Section 5.02 of this Lease Purchase Agreement. The effective date of this Lease Purchase Agreement ("Effective Date") is the date the City issues the certificate of occupancy. As of the Effective Date, possession of the Improvements and title to the Improvements is automatically transferred from Developer to City for the management and operation of Improvements ("Management Services") under Article VI of this Lease Purchase Agreement. (a) The Improvements are contemplated to be constructed in two Phases, Phase I and Phase II. The Effective Date as defined above refers to the completion of Phase I of the Improvements. Upon the completion of Phase II of the Improvements (if Phase II is approved and constructed pursuant to the Development Agreement), the City will automatically assume a title and leasehold interest in the Phase II Improvements, as well as the Management Services of the Phase II Improvements. 6 (2) Term: The term of this Lease Purchase Agreement ("Term") shall commence on the Effective Date and shall continue thereafter for eight (8) years ("Lease Termination Date"), unless earlier terminated pursuant to the provisions of this Lease Purchase Agreement or the Development Agreement. The Lease Purchase Agreement may be terminated earlier than the Lease Termination Date under the following circumstances: (a) The occurrence of an Event of Default, which is not cured, which results in termination of this Lease Purchase Agreement under Section 10.02; (b) The exercise by the City of its option to purchase the Property and Improvements through the Purchase Right in Section 13.01(1) or (c) The exercise of the Put Option by the City under Section 13.01(2). ARTICLE IV RENT Section 4.01. Rent Payment. City shall make a rent payment of $100.00 per year each January 1. The first rent payment shall be a prorated amount if the Effective Date of the Lease Purchase Agreement is before January 1 and shall be paid within five (5) Business Days of the Effective Date. Payments due on January 1 are timely if made within five (5) Business Days of January 1. The rent payment is payable solely and only from the net revenues of the Improvements and not from the City's general fund. ARTICLE V FURNISHINGS, USE, MAINTENANCE AND TAXES Section 5.01. Relationship between the Parties. The relationship between the City and Developer is an independent contractor relationship and not one of employment, agency, partnership or other type of relationship. below: Section 5.02. Furnishings. Furnishings for the Improvements shall be as provided (1) The Developer shall provide at its sole cost and expense a turnkey multi- use recreational and athletic facility that shall include all furnishings, fixtures, and equipment ("Furnishings") necessary for the operation of the Improvements, including without limitation, all sporting and fitness equipment and supplies, tables, chairs, tableware and all other equipment 7 necessary for the operation of the Improvements, but not to exceed, in the aggregate, the amount provided for such Furnishings in the construction budget as set forth in the plans and specifications approved by the parties. The Developer guarantees that the Furnishings will be sufficient to provide the services of a multi -use community recreational and athletic facility as of the Effective Date. (2) The Furnishings and location for the installation of the same shall be mutually agreed upon by the Developer and the City. Section 5.03. Use of Leased Property. The City covenants that throughout the term hereof it will use and operate the Property and Improvements as public property in furtherance of its essential governmental functions, as further provided herein, and in compliance with all laws, regulations and ordinances applicable thereto. Section 5.04. Quiet Enjoyment. The City acknowledges that as of the Effective Date it is in possession of the Property and Improvements. The Developer agrees that the City upon paying the Rent and performing the covenants herein agreed by it to be performed shall and may peaceably and quietly have, hold, and enjoy the said Property and Improvements for the Lease Term. The Developer shall have the right at all reasonable times during the Lease Term to enter the Property for the purpose of examining or inspecting the Property and Improvements. Nothing in this Section shall imply any duty upon the part of the Developer to examine the Property and Improvements or to do or pay for any work which under any provision of this Lease Purchase Agreement the City is required to perform, and the performance thereof by the Developer shall not constitute a waiver of the City's default in failing to perform the same. Section 5.05. Net Lease. This is a net lease and, as of and after the Effective Date, the Developer shall not be required to make any expenditures whatsoever in connection with the Improvements or the Property or to make any repairs or to maintain the Improvements. Section 5.06. Maintenance of Property and Improvements by City. The City agrees that during the Lease Term it will keep the Property in good repair and good operating condition at its own cost, and upon the expiration or termination of the Lease Term it will, unless it shall have elected to exercise its option to purchase the Property via the Purchase Right, surrender the Property and Improvements to the Developer in as good condition as prevailed at the time it was put in full possession thereof, loss by fire or other casualty covered by insurance, ordinary wear and tear, obsolescence and acts of God excepted, subject to the provisions of Section 5.07 of this Lease Purchase Agreement. 8 Section 5.07. Alterations. The City shall have the privilege of remodeling the Property and Improvements or making alterations, additions, modifications and improvements to the Property and Improvements from time to time as the City, in its discretion exercised after consultation with the Developer, may deem to be desirable for its uses and purposes, provided that such alterations, additions, modifications and improvements shall not adversely affect the structural integrity or value of the Property and Improvements and shall be located within the boundaries of the said Property and Improvements. The cost of such alterations, additions, modifications and improvements shall be paid by the City and the same shall be the property of the City and be included under the terms of this Lease Purchase Agreement as and shall become part of the Property and Improvements. Section 5.08. Removal of Leased Equipment. The Developer shall not be under any obligation to renew, repair or replace any inadequate, obsolete, worn out, unsuitable, undesirable or unnecessary equipment constituting part of the Property and Improvements. The City shall have the privilege from time to time of substituting for Property and Improvements, furnishings, machinery, equipment and related property, provided that such property so substituted shall not impair the operating unity or productive capacity of the Property and Improvements. Any such substituted property shall become the property of the City and be included under the terms of this Lease Purchase Agreement. The City may also at any time while it is not in default under this Lease remove from the Property or Improvements any machinery or equipment purchased and installed by it pursuant to this Section 5.08. In the event any removal of machinery or equipment under this Section causes damage to existing buildings or structures, the City shall restore the same or repair such damage at its sole expense. Section 5.09. Taxes, Other Governmental Charges and Other Charges. The City will pay, as the same respectively become due, all taxes, special assessments, and governmental charges of any kind whatsoever that may at any time be lawfully assessed or levied against or with respect to the Property or Improvements or any Furnishings, equipment or other property, including sales, use and other excise taxes, and all claims for rent, royalties, labor, materials, supplies, utilities and other charges incurred in the operation, maintenance, use, occupancy and upkeep of the Property and Improvements. The City may, at its expense and in its own name and behalf or in the name and behalf of the Developer in good faith contest any such taxes, payments in lieu of taxes, assessments and other charges and, in the event of any such contest, may permit the taxes, payments in lieu of taxes, assessments or other charges so contested to remain 9 unpaid during the period of such contest and any appeal therefrom. The Developer will cooperate with the City in permitting the City to conduct any such contest. Section 5.10. Payment of Permits and Licenses; Sales and Use Taxes. The City shall apply, procure and pay for and maintain all permits and licenses that are required or necessary for the management, use, or operation of the Improvements. The Developer shall fully cooperate with the City with its efforts as they relate to licenses and permits and shall execute any and all agreements, instruments and documents and take such actions to accomplish these purposes. The City shall pay the cost of all applicable licenses, permits, or sales and use taxes or other fees or expenses required to operate the Improvements. Section 5.11. Payment of Utilities. The City shall make application for, obtain and pay for, and be solely responsible for, all utilities required, used, or consumed on the Property and the improvements thereon, including, but not limited to gas, water, electricity, sewer service, garbage collection services, or any similar service. Section 5.12. Capital Cost Responsibilities. As of the Effective Date, the City shall be responsible for all costs for the repair or maintenance of the Improvements that are defined under generally accepted accounting principles as "capital" costs. Section 5.13. Hazardous Materials. The City agrees promptly: (1) to transmit to the Developer copies of any governmental citations, orders or notices received with respect to Hazardous Materials which may result in a penalty, liability, or cost greater than $1,000; (2) to observe and comply with any and all laws, ordinances, rules, regulations, licensing requirements or conditions relating to the use, maintenance or disposal of Hazardous Materials and all orders or directives from any official, court, or governmental agency of competent jurisdiction relating to the use or maintenance or requiring the removal, treatment, containment, or other disposal of such Hazardous Material; and (3) to pay or otherwise dispose of any fine, charge, or imposition relating thereto which, if unpaid, would constitute a lien upon Property or any part thereof 10 ARTICLE VI MANAGEMENT SERVICE Section 6.01. Management Services. As of the Effective Date, the Developer hereby grants to the City the exclusive right and license to perform the following services ("Management Services") and the City accepts the responsibility of performing the Management Services, subject to the terms and conditions contained in this Lease Purchase Agreement: (1) Operate, manage, market, and determine programming and services of the Improvements. (a) City will receive all revenues and be responsible for all operating costs, beginning on the Effective Date of this Lease Purchase Agreement. All revenues generated by the Improvements shall be subject to the control and direction of the City. The City shall keep separate records of all income and expenditures. (b) City shall annually, as part of the regular City budget, prepare a budget for the operation of the Improvements, and shall annually account to the Developer for all income received and expenditures made in respect of operation of the Improvements or Property, which may nonetheless be deposited to or withdrawn from the City's general fund, as the City shall determine. All operating income shall be used to defray current operating expenses of the completed Improvements, to maintain equipment replacement and other operating reserves at the levels established in the annual budget for the Improvements approved by the City Council, to reimburse the City for its Project -related expenses (but not including the costs of acquiring the Property), and otherwise shall be retained and used exclusively for other budgeted Project purposes, including but not limited to the cost of any future phase of the Improvements, and the funding, to the maximum extent possible consistent with the expense payments and funding allocations described above, of a debt service reserve for the payment at the Lease Termination Date of any outstanding Project -related indebtedness of the Developer (regardless of whether City exercises its Purchase Right). (2) Provide and sell, and/or sublicense for the provision and sale of, all food, beverages, souvenirs, merchandise, printed materials and any other items or services at the Improvements. 11 (3) Provide, at City's cost, all services required for the operation, management, marketing, and programming of the Improvements, including, but not limited to, the employment and/or contracting of staff for the Improvements. (4) Determine and impose admission costs, if any, to patrons of all events held at the Improvements and charges, if any, for the use of the Improvements. (5) Determine all programming and maintain all schedules for activities and events held at the Improvements. (6) Cooperate with the Cedar Valley Sports Commission and the Convention and Visitors' Bureau in the marketing of the Improvements. Section 6.02. Compensation to City. City shall not be entitled to any compensation from Developer for the Management Services described in this Lease Purchase Agreement. Section 6.03. Management Standards. Except as otherwise provided in this Lease Purchase Agreement, the City will comply with the following minimum standards for the operation of the Improvements: (1) The City will provide management, supervision, and direction for the Improvements comparable to the other Waterloo Leisure Services operations, including but not limited to the following standards of facility maintenance: (a) Operate the Improvements as an attractive and high-quality multi- use community recreational and sports facility (b) Use the Waterloo Leisure Service Departments' existing communication systems to inform and attract patrons to the Improvements. (c) No later than the Effective Date, adopt a written, comprehensive, maintenance management plan to address specific custodial practices, maintenance practices, and preventative maintenance to be undertaken on a daily, weekly, monthly or annual basis, and related requirements for staffing, resources, and recordkeeping. Said plan shall be subject to review and approval by the Developer, which consent shall not be unreasonably withheld, conditioned or delayed. 12 (d) During each third year of the Lease Term, engage the services of a recreation facilities operations consultant of the City's choice to review City's operation of the Improvements and its marketing methods and take affirmative measures to implement reasonable recommendations made by the consultant. (2) The City shall operate and conduct all operations of the Improvements with the objective that all persons who patronize the Improvements shall be treated in an orderly, safe, non-discriminatory and courteous manner. (3) The City shall act reasonably to prevent any nuisance or hazardous activity to occur at, on, about or within the Improvements. ARTICLE VII MAINTENANCE OF RECORDS Section 7.01. Maintenance of Records. City will keep at all times proper books of record and account in which full, true and correct entries will be made of all dealings and transactions of or in relation to the business and affairs of City in connection with this Lease Purchase Agreement. ARTICLE VIII INSURANCE Section 8.01. Insurance Requirements. Pursuant to Section 11.1(b) of the Development Agreement, City shall ensure that property, liability and worker's compensation insurance coverage is in effect as of the Effective Date of this Lease Purchase Agreement through the Lease Termination Date. Developer shall be named as an additional insured on each policy maintained by City that is required by this Lease Purchase Agreement or the Development Agreement. Section 8.02. Fire and Extended Coverages and Boiler and Machinery Insurance. The City may self -insure against damage to or destruction of the Property and Improvements in the same manner as the City insures itself against damage to or destruction of other property of the City, or the City may insure such property under a blanket insurance policy or policies which cover not only the Property and Improvements but other properties of the City, which policy or policies may contain such reasonable deductible and coinsurance provisions as the City may deem necessary or appropriate and prudent. 13 Section 8.03. Damage and Repairs. In the event of damage to the Improvements, City agrees to comply with Sections 11.1(d) and (e) of the Development Agreement. ARTICLE IX WARRANTIES Section 9.01. Design of Improvements. The Improvements have been designed by or on behalf of the Developer and the Contractors have been selected the Developer. Section 9.02. Architect's Covenants. The Developer agrees to include in its architectural design contract for design of the Improvements the requirement that the architect must agree to City's status as a third party beneficiary under that contract and must consent to City's right to enforce the Developer's rights under the architectural design contract. Section 9.03. Contractors' Covenants. The Developer agrees to include in its contract documents for construction of the Improvements the requirement that the Contractor(s) must agree to City's status as a third party beneficiary under that contract, must consent to City's right to enforce the Developer's rights under the contract documents and must secure a maintenance bond as described by the Development Agreement. Section 9.04. Enforcement by City. The Developer hereby assigns to the City for and during the Lease Term and at all times thereafter, all of its interest in all architect and Contractor warranties and guarantees, express or implied, issued on or applicable to the Property or Improvements. The Developer agrees that City shall be entitled to enforce the warranties and guarantees of the architect and the Contractor(s) assigned to Developer as above provided, and in consideration thereof, the City agrees not to assert or attempt enforcement of any such warranty or guarantee with respect to the design or construction of the Improvements against the Developer, or to attempt the recovery of damages from Developer on account of any breach or failure to observe such warranties or guarantees. ARTICLE X DEFAULT AND REMEDIES Section 10.01. In General. Each of the following shall constitute an Event of Default under this Lease Purchase Agreement: (1) Occurrence of an Event of Default under the Development Agreement. (2) Developer files or is the subject of any voluntary or involuntary petition in 14 (3) bankruptcy under Title 11 of the U.S. Code or any other formal or informal proceeding for dissolution, liquidation, settlement, composition, readjustment, or similar relief under any other state or federal law, or Developer admits in writing its inability to pay its debts generally as they become due. Any party is in default under the terms of this Lease Purchase Agreement or is in breach of any material provision of this Lease Purchase Agreement, or Developer is otherwise in breach of any covenants that run with the land pursuant to the Deed or the Development Agreement. (4) Any representation or warranty made by Developer in this Lease Purchase Agreement or the Development Agreement, any Exhibit thereto, or in any written statement or certificate furnished by Developer pursuant to this Lease Purchase Agreement or Development Agreement, shall prove to have been incorrect, incomplete or misleading in any material respect on or as of the date of the issuance or making thereof. (5) Failure by either party to substantially observe or perform any covenant, condition, obligation or agreement on its part to be observed or performed under this Lease Purchase Agreement or the Development Agreement. Section 10.02. Remedies on Default. Except as otherwise provided in this Lease Purchase Agreement or the Development Agreement, in the event of any default or breach of this Lease Purchase Agreement, or any of its terms or conditions, by either party herein, or any successor to such party, such party (or successor) shall, upon written notice from the other, proceed immediately to cure or remedy such default or breach, and in any event within thirty (30) days after receipt of such notice; provided, however, that no such opportunity to cure shall be allowed in the event of a default under subsections (2) or (4) of Section 10.01. If any such other default or breach remains unremedied after such thirty (30) day period, the non -defaulting party shall, without limitation, have the right to (i) suspend the non -defaulting party's performance under this Lease Purchase Agreement, (ii) require payment by the defaulting party of any costs incurred by the non - defaulting party in connection with the default, (iii) terminate this Lease Purchase Agreement and the Development Agreement, and (iv) exercise any other remedy available under applicable law. Section 10.03. Other Rights and Remedies of City; No Waiver by Delay. City shall have the right to institute such actions or proceedings or to exercise any other remedies available under applicable law as it may deem desirable for effectuating the purposes of this Article; provided, that any delay by City in instituting or prosecuting any such actions or proceedings or otherwise asserting its rights under this Article shall not operate as a waiver of such rights or to deprive it of or limit such rights in any way; nor 15 shall any waiver in fact made by City with respect to any specific default by Developer under this Article be considered or treated as a waiver of the rights of City with respect to any other defaults by Developer under this Article or with respect to the particular default except to the extent specifically waived in writing. Section 10 04 Enforced Delay in Performance for Causes Beyond Control of Party. Performance by any party under this Lease Purchase Agreement shall be subject to Unavoidable Delays. Section 10.05. Rights and Remedies Cumulative. The rights and remedies of the parties to this Lease Purchase Agreement, whether provided by law or by this Lease Purchase Agreement, shall be cumulative, and the exercise by either party of any one or more of such remedies shall not preclude the exercise by it, at the same time or at different times, of any other such remedies for the same default or breach or of any of its remedies for any other default or breach by the other party. No waiver made by either such party with respect to the performance, or manner or time thereof, or any obligation of the other party or any condition to its obligations under this Lease Purchase Agreement shall be considered a waiver of any rights of the party making the waiver with respect to the particular obligation of the other party or condition to its own obligation beyond those expressly waived in writing and to the extent thereof, or a waiver in any respect in regard to any other rights of the party making the waiver or any other obligations of the other party. Section 10.06. Mortgagee's Option to Cure Defaults. Whenever City shall deliver any notice or demand to Developer with respect to any breach or default by Developer in its obligations or covenants under this Lease Purchase Agreement, City shall at the same time forward a copy of such notice or demand to each holder of any Mortgage authorized by the Development Agreement at the last address of such holder shown in the records of City. After any breach or default, each such holder (insofar as the rights of City are concerned) shall have the option to cure or remedy such breach or default and to add the cost thereof to the Mortgage debt and the lien of its Mortgage; provided, that if the breach or default is with respect to construction of the Improvements, nothing contained in this Section or any other Section of the Development Agreement shall be deemed to permit or authorize such holder, either before or after foreclosure or action in lieu thereof, to undertake or continue the construction or completion of the Improvements (beyond the extent necessary to conserve or protect Improvements or construction already made) without first having expressly assumed the obligation to City, by written agreement satisfactory to City, to complete, in the manner provided in the Development Agreement, the Improvements on the Property or the part thereof to which the lien or title of such Mortgage holder relates. 16 ARTICLE XI ASSIGNMENT AND LIENS Section 11.01. Assignment. Neither the Developer nor the City shall sell, assign, sublease or otherwise dispose of or encumber this Lease Purchase Agreement in any way without the prior written consent of the other party. Section 11.02. Liens or Encumbrancers. Developer shall comply with all provisions of the Development Agreement in regard to liens or other encumbrances on the Property or Improvements. ARTICLE XII PRE -LEASE OBLIGATIONS AND INDEMNIFICATION Section 12.01. Pre -Lease Obligations. Notwithstanding anything to the contrary in this Lease Purchase Agreement, the City shall not be responsible for any debts, mortgages, obligations, claims, demands, damages, liabilities, actions, judgments, or execution of third parties of any kind or nature whatsoever, whether at law or in equity, including, but not limited to, reasonable attorney's fees and court costs ("Debt or Claims"), relating to the construction or equipping of the Improvements or for any Debt or Claims that occurred or accrued prior to the Effective Date. The Developer hereby agrees to indemnify, defend and hold harmless the City and its officers, commissioners, employees, agents, or representatives from and against any and all claims, demands, damages, liabilities, actions, judgments, or execution of third parties of any kind or nature whatsoever, whether at law or in equity, including, but not limited to, reasonable attorney's fees and court costs, arising out of, or relating to, Debt or Claims that occurred or accrued prior to the Effective Date. Section 12.02. Indemnification. To the extent authorized by law, the City hereby agrees to indemnify, defend and hold harmless the Developer and its officers, employees, agents, or representatives from and against any and all claims, demands, damages, liabilities, actions, judgments, or execution of third parties of any kind or nature whatsoever, whether at law or in equity, including, but not limited to, reasonable attorney's fees and court costs, arising out of, relating to, resulting from, or caused by the negligence or willful misconduct of the City, its officers, employees, agents, servants, subcontractors or representatives relating to the City's operation of the Improvements from the Effective Date until the Lease Termination Date. The City shall be given prompt notice of any claims for which the indemnification will be sought and shall be given full and complete cooperation from the Developer in the defense or settlement of all such claims, and shall be given full authority in the defense or settlement of any such 17 claims. Neither party shall have the authority to bind the other to any settlement without such party's prior written consent, which consent shall not be unreasonably withheld, conditioned or delayed. The Developer hereby agrees to indemnify, defend and hold harmless the City and its officers, commissioners, employees, agents, or representatives from and against any and all claims, demands, damages, liabilities, actions, judgments, or execution of third parties of any kind or nature whatsoever, whether at law or in equity, including, but not limited to, reasonable attorney's fees and court costs, arising out of, or relating to claims regarding the construction or initial equipping of the Improvements and all claims that arose or accrued prior to the Effective Date, except as set forth in Article IX. ARTICLE XIII PURCHASE RIGHT AND PUT OPTION Section 13.01. Purchase Right or Put Option. Not more than 90 nor less than 30 days before the Lease Termination Date, the City may elect, at its sole discretion, to either purchase the Property and the Improvements for $1.00 from the Developer under the "Purchase Right" provision or terminate the Lease Purchase Agreement under the "Put Option" provision, both as described below: Prior to the exercise of either the Purchase Right or thePut O tip on' City shall conduct a lien search on the Property and Improvements and, within five (5) Business Days of the City's request, Developer shall provide City with a detailed notarized written statement ("Statement") showing all outstanding Project -related indebtedness of the Developer related to the Improvements ("Indebtedness"); (1) To exercise the Purchase Right: (a) If the City's lien search shows that the Developer's mortgage financing with respect to the Improvements (or any other liens) remains unpaid and/or if Developer's Statement shows there remains any Indebtedness, City may elect, in its sole discretion, to pay off any existing liens or allow such liens to remain on the Property and/or Improvements. City may also elect, in its sole discretion, to pay off any Indebtedness or allow such Indebtedness to remain as to the Property and/or Improvements. If the City elects, in its sole discretion, to proceed to exercise this Purchase Right, City shall deliver to Developer a Notice of Purchase Right election, referencing this Section of this Lease Purchase Agreement and $1.00. Within 30 days, Developer shall deliver to City (i) a Special Warranty Deed showing title in the Property and Improvements in 18 the name of the City and, if applicable, subject to any unpaid Indebtedness, and (ii) a bill of sale showing title in the Improvements in the name of the City. Each party shall execute such deeds, bills of sale, or other documents of transfer or conveyance as the other party may reasonably request to effectuate this Purchase Right; (b) If the lien search shows that the Developer's mortgage fmancing with respect to the Improvements (or any other liens) are fully paid and there is no Indebtedness, City may elect, in City's sole discretion, to proceed to exercise this Purchase Right. If the City elects, in its sole discretion, to proceed to exercise this Purchase Right, City shall deliver to Developer a Notice of Purchase Right election, referencing this Section of this Lease Purchase Agreement and $1.00. Within 30 days, Developer shall deliver to City (i) a Special Warranty Deed showing title in the Property and Improvements in the name of the City and (ii) a bill of sale showing title in the Improvements in the name of the City. Each party shall execute such deeds, bills of sale, or other documents of transfer or conveyance as the other party may reasonably request to effectuate this Purchase Right; (2) To exercise the Put Option: (a) City shall deliver a Notice of Termination of the Lease Purchase Agreement to Developer referencing this Section of this Lease Purchase Agreement, which notice shall state that the City desires to terminate this Lease Purchase Agreement in accordance with the Put Option of this Lease. Such Notice shall state that the Purchase Right is cancelled and shall set a date not earlier than 90 days from the date of such Notice of Termination, which date shall be the Put Option Termination Date of this Lease Purchase Agreement. As of the Put Option Termination Date, the City shall disclaim all right, title, or interest in the Property and Improvements, the Developer shall assume operation and management of the Property and Improvements, and the City shall have no further responsibility for the Property and Improvements. Each party shall immediately execute such documents of transfer or conveyance as the other party may reasonably request to effectuate the Put Option Termination as of the Put Option Termination Date. 19 (3) If City does not take affirmative steps to exercise the Put Option as described above not later than 30 days before the Lease Termination Date, the City will be deemed to have exercised the Purchase Right. Section 13.02. Handling of Funds upon Exercise of Purchase Right or Put Option. (1) Purchase Right: If at the time of exercise of the Purchase Right there remains any outstanding Indebtedness as shown by the Developer's Statement pursuant to Section 13.01, then any Surplus Revenues as defined in Section 13.03 shall be applied to such Indebtedness. If the Statement shows there is no Indebtedness, then the City shall retain all Surplus Revenues. (2) Put Option: If at the time of exercise of the Put Option there remains any outstanding Indebtedness as shown by the Developer's Statement pursuant to Section 13.01, then any Surplus Revenues as defined in Section 13.03 shall be applied to such Indebtedness. If the Statement shows there is no Indebtedness, then the City shall transfer all Surplus Revenues to the Developer; provided, however, that all such Surplus Revenues shall be used by the Developer exclusively for the purpose of operating, maintaining or enhancing the Improvements. Section 13.03. Surplus Revenues. For purposes of Section 13.02, any operating income remaining after the subtraction of the current annual operating expenses of the completed Improvements, including amounts budgeted for equipment replacement and other operating reserves at the levels established in the annual budget for the Improvements approved by the City Council and a debt service reserve for the payment at the Lease Termination Date of any outstanding Project -related indebtedness of the Developer, shall be called Surplus Revenue. Section 13.04. Relative Position of this Article and Article X. The rights and options granted to the City in this Article shall be and remain prior and superior to Article X hereof and may be exercised whether or not the City is in default under this Lease, provided that such default will not result in nonfulfillment of any condition to the exercise of such right or option. ARTICLE XIV MISCELLANEOUS Section 14.01. Notices. Any notice under this Lease Purchase Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United 20 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, to City of Waterloo, 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor. (b) if to Developer, to Waterloo Development Corporation, 10 W. 4th Street, Suite 300, Waterloo, Iowa 50701, facsimile number 319-235-2353, Attention: Executive Vice President. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iii) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. Section 14.02. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Lease Purchase Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by its duly authorized representative, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. Section 14.03. Severability of Provisions. Each provision, section, sentence, clause, phrase, and word of this Lease Purchase Agreement is intended to be severable. If any portion of this Lease Purchase 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 Lease Purchase Agreement and the remaining provisions of this Lease Purchase Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court fords that any portion of this Lease Purchase 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. Section 14.04. Dispute Resolution. Any dispute, controversy, or claim arising out of or relating to this Lease Purchase Agreement, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, including the Emergency Interim Relief Procedures. Any award rendered shall be final and conclusive upon the parties and shall be accompanied by findings of fact and a statement of reasons for the decision. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. All costs and expenses, including attorneys' fees, shall be borne by the party determined to 21 be liable in respect of such dispute; provided, however, that if complete liability is not assessed against only one party, the parties shall share the total costs in proportion to their respective amounts of liability so determined. Except where clearly prevented by the area in dispute, the parties agree to continue performing their respective obligations under this Lease Purchase Agreement while the dispute is being resolved. Section 14.05. Entire Agreement. This Lease Purchase Agreement, together with the Development Agreement and Special Warranty Deed, 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. Section 14.06. No Third Party Beneficiaries. This Lease Purchase Agreement is not intended by any of the provisions hereof to make any person or entity not a party to this Lease Purchase Agreement a third party beneficiary hereunder, and is not intended to benefit any such third party. Section 14.07. Captions. All captions, headings, or titles in the paragraphs or sections of this Lease -Purchase 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 Lease -Purchase Agreement or of any provisions hereof Section 14.08. Binding Effect. This Lease Purchase Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. Section 14.09. Time of Essence. Time is of the essence of this Lease Purchase Agreement. [Remainder of this page intentionally left blank. Signature pages to follow.] 22 IN WITNESS WHEREOF, the City and the Developer have caused this Lease Purchase Agreement to be executed in their respective names and attested by duly authorized officers all as of the date set forth above. CITY OF WATERLOO, IOWA WATERLOO DEVELOPMENT CORPORATION By: By: Ernest G. Clark, Mayor Daniel B. Watters, President By: Suzy Schares, City Clerk STATE OF IOWA BLACK HAWK COUNTY On , 2012, before me, a Notary Public in and for the State of Iowa, personally appeared Ernest G. Clark and Suzy Schares, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, and that the instrument was signed on behalf of the corporation by authority of its City Council, as contained in the resolution adopted by the City Council under Roll Call No. on , 2012, and that Ernest G. Clark and Suzy Schares acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public 23 STA IE OF IOWA ) ) ss. BLACK HAWK COUNTY ) On , 2012, before me, a Notary Public in and for the State of Iowa, personally appeared Daniel B. Watters, to me personally known, who being by me duly sworn, did say that he is the President of Waterloo Development Corporation, and that said instrument was signed on behalf of the said corporation by authority of its board of directors; and Daniel B. Waters acknowledged the execution of said instrument to be the voluntary act and deed of the corporation by it voluntarily executed. Notary Public 24 EXHIBIT "A" Legal Description of Property All that part of Block Fourteen (14), including Twenty (20) foot alley, in the Original Plat, on the West Side of the Cedar River in the City of Waterloo, Black Hawk County, Iowa, EXCEPT That part of Twenty (20) foot alley in said Block Fourteen (14), lying Southeasterly of the Southwesterly extension of the Northwest line of the Southeast Forty (40) feet of Lot Three (3), said Block Fourteen (14), AND EXCEPT Lots One (1) and Two (2) and the Southeast Forty (40) feet of Lot (3), all in said Block Fourteen (14), AND EXCEPT Lots Nos. Nine (9) and Ten (10) except the Southwesterly Thirty (30) feet of said Lots, in Block No. Fourteen (14). AND That part of the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the most Southerly corner of Block Thirteen (13), aforesaid Original Plat; thence Northeasterly along the Southeasterly line of said Block Thirteen (13) to the most Easterly corner of said Block Thirteen (13); thence Southeasterly to the most Northerly corner of Block Fourteen (14), aforesaid Original Plat; thence Southwesterly along the Northwesterly line of said Block Fourteen (14) to the most Westerly corner of said Block Fourteen (14); thence Northwesterly to the point of beginning; AND That part of a parcel lying Southwest of Block Fourteen (14), the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the most Southerly corner of aforesaid Block Fourteen (14); thence Southwest Thirty (30) feet along the Southwesterly extension of the Southeast line of said Block Fourteen (14); thence Northerly to the most Westerly corner of said Block Fourteen (14); thence Southeasterly along aforesaid Southwest line of Block Fourteen (14) to the point of beginning. AND All of Lots One (1), Two (2), Three (3), Four (4), Five (5), and Twenty (20) foot alley, Block Thirteen (13) in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. AND The Northeasterly One Hundred Ten (110) feet of Lots Six (6), Seven (7), Eight (8), Nine (9) and Ten (10), all in Block Thirteen (13) in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, EXCEPT those parts conveyed to the State of Iowa in 607 CLD 684 AND EXCEPT those parts conveyed to the City of Waterloo in 661 CLD 853. AND That part of Lots Eight (8), Nine (9) and Ten (10), Block Thirteen (13), Original Plat of West Waterloo, Black Hawk County Iowa, bounded as follows: On the Northeast by the Southwest line of the Northeasterly One Hundred Ten (110) feet of said Lots Eight (8), Nine (9) and Ten (10); On the Northwest by the Northwesterly line of the Southeasterly Ten (10) feet of said Lot Eight (8); On the Southwest by a line drawn from a point on the Northwesterly line of said Southeasterly ten (10) feet of Lot Eight (8), which is One Hundred Eighteen (118) feet Southwest of the Northeasterly line of said Lot Eight (8), said line extending to a point on the Southeasterly line of said Lot Ten (10) which is One Hundred Thirty- seven and Five Tenths (137.5) feet Southwesterly of the Northeast corner of said Lot Ten (10). 25 Mayor BUCK CLARK COUNCIL MEMBERS DAVID JONES Ward I CAROLYN COLE Ward 2 HAROLD GETTY Ward 3 QUENTIN HART Ward 4 RON WELPER Ward 5 BOB GREENWOOD At -Large STEVE SCHMITT At -Large CITY OF WATERLOO, IOWA COMMUNITY PLANNING AND DEVELOPMENT 715 Mulberry Street • Waterloo, Iowa 50703-5783 • (319) 291-4366 Fax (319) 291-4262 NOEL C. ANDERSON, Community Planning & Development Director Council Communication City Council Meeting: 4/2/12 Prepared: 3/30/12 Dept. Head Signature: # of Attachments: q poi ki(t[lxi-» ��J2 -a i . k/ite%lam -56(0 IOLA Q' 20(7"336 SUBJECT: Resolution approving setting date of hearing as April 16, 2012 to sell and convey real property for the Cedar Valley Sportsplex generally located between West lsr Street and West 3rd Street, between Washington Street and Jefferson Street to the Waterloo Development Corporation for $1.00, subject to the retention of a utility easement over, under and upon the portion of vacated Washington Street. Submitted by: Aric Schroeder, City Planner Recommended City Council Action: Approval. Summary Statement: As you know, the City has been working with the Waterloo Development Corporation to construct a Sportsplex facility on the land generally located between West l' Street and West 3`d Street, between Washington Street and Jefferson Street. This resolution will authorize sale and conveyance of the property to the Waterloo Development Corporation for the construction of the facility. Expenditure Required: none Source of Funds: n/a Policy Issue: Sale of land Alternative: n/a Background Information: Legal Description: See Attached Exhibit "A" cc: Noel Anderson, Community Planning & Development Director file Path: K:\USERS\ARICS\City of Waterloo\council letters\Vacate-Dedicate-EncroachemntStreet Naming -conveyance \03.30.12 Council Communication Sale and Conveyance to WDC for Cedar Valley Sportsplex.doc CITY WEBSITE: www.ci.waterloo.ia.us WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of the City of Waterloo, Iowa. Date of Meeting: , 2012. Time of Meeting: o'clock .M. Place of Meeting: Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: • Resolution to Set Hearing on Disposal of Real Property to Waterloo Development Corporation Such additional matters as are set forth on the additional page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Waterloo, Iowa -1- , 2012 The City Council of Waterloo, Iowa, met in regular session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at o'clock _.M., on the above date. There were present Mayor , in the chair, and the following named Council Members: Absent: -2- Council Member introduced the following Resolution entitled 'RESOLUTION TO SET HEARING ON DISPOSAL OF REAL PROPERTY BY DEED TO WATERLOO DEVELOPMENT CORPORATION", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION TO SET HEARING ON DISPOSAL OF REAL PROPERTY BY DEED TO WATERLOO DEVELOPMENT CORPORATION WHEREAS, the City of Waterloo, Iowa ("City") and Waterloo Development Corporation ("Developer") are parties to a Development and Property Transfer Agreement dated December 19, 2011 (the "Development Agreement"); and WHEREAS, under said Development Agreement it is proposed that the City transfer title and possession of certain real property owned by the City and hereinafter described (the "Property") to the Developer, upon which the Developer would construct a multi -use recreational and athletic facility complex to be known as the Cedar Valley Sportsplex, which Developer would then lease to the City upon completion thereof under the terms of a lease purchase agreement between the City and the Developer; and WHEREAS, the City Council has determined that the redevelopment of said Property under the terms of the Development Agreement is in the best interests of the City and the residents thereof; and WHEREAS, Section 364.7 of the Iowa Code requires that a public hearing be held on the proposal to dispose of an interest in real property. -3- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. That this Council meet in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at o'clock .M. on the day of , 2012, for the purpose of taking action on the matter of disposing of the Property by deed to the Developer, as contemplated in the Development Agreement. Section 2. That the Clerk is hereby directed to cause at least one publication to be made of a notice of said hearing, in a legal newspaper, printed wholly in the English language, published at least once weekly, and having general circulation in said City, said publication to be not less than four clear days nor more than twenty days before the date of said public hearing. Section 3. following form: That the notice of the public hearing shall be in substantially the -4- NOTICE OF MEETING OF THE CITY COUNCIL OF WATERLOO, IOWA, ON THE MATTER OF DISPOSING OF REAL PROPERTY BY DEED TO WATERLOO DEVELOPMENT CORPORATION PUBLIC NOTICE is hereby given that the Council of the City of Waterloo, Iowa will hold a public hearing on the day of , 2012, at o'clock, .M., in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at which meeting the Council proposes to take additional action on the proposal to dispose of certain real property owned by the City, by means of a deed, to Waterloo Development Corporation (the "Developer"). The property to be so disposed of is legally described as follows: [insert legal] (the "Property"). Under the terms of a Development and Property Transfer Agreement dated December 19, 2011 between the City and the Developer, the Developer has agreed to construct a multi -use recreational and athletic facility complex on the Property to be known as the Cedar Valley Sportsplex, and thereafter to lease the same to the City under the terms of a lease purchase agreement. At the above meeting the Council shall receive oral or written objections from any resident or property owner of said City to the proposal to transfer the Property by deed to the Developer for the foregoing purpose. This notice is given by order of the Council of Waterloo, Iowa, as provided by Sections 364.7 and 362.3 of the City Code of Iowa. Dated this day of , 2012. City Clerk, Waterloo, Iowa (END OF NOTICE) -5- PASSED AND APPROVED this day of , 2012. ATTEST: Clerk Mayor -6- CERTIFICATE STATE OF IOWA ) SS COUNTY OF BLACK HAWK CIG -3 I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 2012. SEAL 00834972-1\11310-093 City Clerk, Waterloo, Iowa -7- (This Notice to be posted) NOTICE AND CALL OF PUBLIC MEETING Governmental Body: The City Council of the City of Waterloo, Iowa. Date of Meeting: , 2012. Time of Meeting: o'clock .M. Place of Meeting: Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa. PUBLIC NOTICE IS HEREBY GIVEN that the above mentioned governmental body will meet at the date, time and place above set out. The tentative agenda for said meeting is as follows: • Public Hearing on Disposal of Interest in Real Property to Waterloo Development Corporation. • Resolution Approving of Disposal of Interest in Real Property to Waterloo Development Corporation, and approving form of Deed and authorizing its execution and delivery. Such additional matters as are set forth on the additional page(s) attached hereto. (number) This notice is given at the direction of the Mayor pursuant to Chapter 21, Code of Iowa, and the local rules of said governmental body. City Clerk, Waterloo, Iowa 1 , 2012 The City Council of Waterloo, Iowa, met in regular session, in the Council Chambers, City Hall, 715 Mulberry Street, Waterloo, Iowa, at o'clock .M., on the above date. There were present Mayor , in the chair, and the following named Council Members: Absent: 2 The Mayor announced that this was the time and place for the public hearing and meeting on the matter of the proposal to dispose of an interest in real property, by means of a Deed, to Waterloo Development Corporation, and that notice of the proposed action by the Council had been published pursuant to the provisions of Section 364.7 of the Code of Iowa. The Mayor then asked the Clerk whether any written objections had been filed by any resident or property owner to the proposed action. The Clerk advised the Mayor and the Council that written objections had been filed. The Mayor then called for oral objections and were made. Whereupon, the Mayor declared the time for receiving oral and written objections to be closed. (Attach here a summary of objections received or made, if any) 3 Council Member introduced the following Resolution entitled "RESOLUTION APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY TO WATERLOO DEVELOPMENT CORPORATION AND APPROVING THE FORM OF RELATED DEED AND AUTHORIZING ITS EXECUTION AND DELIVERY", and moved that the same be adopted. Council Member seconded the motion to adopt. The roll was called and the vote was, AYES: NAYS: Whereupon, the Mayor declared the resolution duly adopted as follows: RESOLUTION APPROVING THE DISPOSAL OF AN INTEREST IN REAL PROPERTY TO WATERLOO DEVELOPMENT CORPORATION AND APPROVING THE FORM OF RELATED DEED AND AUTHORIZING ITS EXECUTION AND DELIVERY WHEREAS, the City of Waterloo, Iowa ("City") and Waterloo Development Corporation ("Developer") are parties to a Development and Property Transfer Agreement dated December 19, 2011 (the "Development Agreement"); and WHEREAS, under said Development Agreement it is proposed that the City transfer title and possession of certain real property owned by the City and hereinafter described (the "Property") to the Developer, upon which the Developer would construct a multi -use recreational and athletic facility complex to be known as the Cedar Valley Sportsplex, which Developer would then lease to the City upon completion thereof under the terms of a lease purchase agreement between the City and the Developer; and WHEREAS, the Property to be disposed of is legally described as follows: All that part of Block Fourteen (14), including Twenty (20) foot alley, in the Original Plat, on the West Side of the Cedar River in the City of Waterloo, Black 4 EdaJt&4 4I WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. PHONE: (VOICE) 319-235-6294 P.O. BOX 898 WATERLOO, IOWA 50704-0898 (FAX) 319-235-0028 LEGAL DESCRIPTION & SKETCH PART OF THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATION LEGAL DESCRIPTION; SHEET 1 OF ---2 All that port of Block Fourteen (14), including Twenty (20) foot olley, in the Original Plot, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. EXCEPT That part of Twenty (20) foot alley in said Block Fourteen (14), lying Southeasterly of the Southwesterly extension of the Northwest line of the Southeast Forty (40) feet of Lot Three (3), said Block Fourteen (14), AND EXCEPT Lots One (1) and Two (2) and the Southeast Forty (40) feet of Lot Three (3), oil in said Block Fourteen (14). AND EXCEPT Lots Mos. Nine (9) and Ten (10) except the Southwesterly Thirty (30) feet of soid Lots, in Block No. Fourteen (14). AND That port of the Original Plot, on the West Side of the Cedar River, in the City of Waterloo, Block Howk County, Iowa, described as follows: Beginning of the most Southerly corner of Block Thirteen (13), aforesoid Original Plot; thence Northeasterly along the Southeasterly line of said Block Thirteen (13) to the most Easterly corner of said Block Thirteen (13); thence Southeasterly to the most Northerly corner of Block Fourteen (14), oforesoid Original Plot; thence Southwesterly along the Northwesterly line of said Block Fourteen (14) to the most westerly corner of said Block Fourteen (14); thence Northwesterly to the point of beginning; 9{,10J`16{- L(}y, rer43. 44oA>, e4 0. p('iYtrle AND Uk:lt`4y ertsew .ev\Je-i1 w>dld 0.01 c.' v‘ -Flits pc) '[iavL• 1 Thot port of parcel lying Southwest of Block Fourteen (14), the Original Plot, on the West Side of the Cedar River. in the City of Waterloo, Block Howk County, lowo, described os follows: Beginning at the most Southerly corner of oforesoid Block Fourteen (14); thence Southwest Thirty (30) feet along the Southwesterly extension of the Southeast line of soid Block Fourteen (14); thence Northerly to the most westerly corner of said Block Fourteen (14); thence Southeasterly along aforesaid Southwest line of Block Fourteen (14) to the point of beginning. AND All of Lots One (1), Two (2), Three (3), Four (4), Five (5), and Twenty (20) foot alley, Block Thirteen (13) in the Original Plot, on the West Side of the Cedar River, in the City of Waterloo, Block Hawk County, lowo. AND The Northeasterly One Hundred Ten (110) feet of Lots Six (6), Seven (7), Eight (8), Nine (9) and Ten (10), oil in Block Thirteen (13) in the Original Plot, on the West Side of the Cedar River, in the City of Waterloo, Block Hawk County, Iowa, EXCEPT those port conveyed to the State of Iowa in 607 CLD 684, AND EXCEPT those port conveyed in 661 CLD 853. AND That port of Lots Eight (8), Nine (9) and Ten (10), Block Thirteen (13), Original Plot of West Waterloo, Block Hawk County, lowo, bounded as follows: On the Northeast by the Southwest line of the Northeasterly One Hundred Ten (110) feet of said Lots Eight (8), Nine (9) and Ten (10); On the Northwest by the Northwesterly line of the southeasterly Ten (10) feet of said Lot Eight (8); On the Southwest by a line drown from a point on the Northwesterly line of said Southeasterly ten (10) feet of Lot Eight (8), which is One Hundred Eighteen (118) feet Southwest of the Northeasterly line of said Lot Eight (8), soid line extending to o point on the Southeasterly line of said Lot Ten (10) which is One Hundred Thirty—seven and Five Tenths (137.5) feet Southwesterly of the Northeast corner of said Lot Ten (10). C E SFIELD BOOK 685-10 CERTIFICATION I hereby Certify that this land surveying document was prepared and the related survey work was performed by me or under my direct personal supervision and that I am o duly Licensed Lend Surveyor under the lows of the State of lows. Signature. 17ovid•-L Schell, Dole• ANA7L144 , 20 IZ License No Pages or Sheets Covered by this Seo. 2 My license renewal dote is December 31, 2012 16775 ON 3113 S30 I- r WAYNE CLAASSEN ENGINEERING AND SURVEYING, INC. P.O. BOX 898 WATERLOO, IOWA 50704-0898 PHONE: (VOICE 319-235-6294 (FAX 319-235-0028 100 1 INCH = 100 FEET SURVEY LEGEND: LEGAL DESCRIPTION & SKETCH PART OF THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO, BLACK HAWK COUNTY, IOWA SKETCH FOR WATERLOO DEVELOPMENT CORPORATION 000.00 DENOTES RECORD DIMENSION 44' tc V Kg- X,s SHEET 2 OF -2N r 90 J CLD 607-6134 BLOCK 4 THE ORIGINAL PLAT EST OF THE CEDAR RIVER se CITY OF WATERLOO LOT 4 BLOCK 13 LOT ),p 430• ot(,4 LOT 8 BLOCK 5 °b. THE ORIGINAL PLAT WEST OF THE CEDAR RIVER CITY OF WATERLOO - S� Ce, t LOT 10 OLD 661-85 0T 3 BLOCK C E SFIELD BOOK LOT 10 685-10 Hawk County, Iowa, EXCEPT That part of Twenty (20) foot alley in said Block Fourteen (14), lying Southeasterly of the Southwesterly extension of the Northwest line of the Southeast Forty (40) feet of Lot Three (3), said Block Fourteen (14), AND EXCEPT Lots One (1) and Two (2) and the Southeast Forty (40) feet of Lot (3), all in said Block Fourteen (14), AND EXCEPT Lots Nos. Nine (9) and Ten (10) except the Southwesterly Thirty (30) feet of said Lots, in Block No. Fourteen (14). AND That part of the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the most Southerly corner of Block Thirteen (13), aforesaid Original Plat; thence Northeasterly along the Southeasterly line of said Block Thirteen (13) to the most Easterly corner of said Block Thirteen (13); thence Southeasterly to the most Northerly corner of Block Fourteen (14), aforesaid Original Plat; thence Southwesterly along the Northwesterly line of said Block Fourteen (14) to the most Westerly corner of said Block Fourteen (14); thence Northwesterly to the point of beginning; AND That part of a parcel lying Southwest of Block Fourteen (14), the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, described as follows: Beginning at the most Southerly corner of aforesaid Block Fourteen (14); thence Southwest Thirty (30) feet along the Southwesterly extension of the Southeast line of said Block Fourteen (14); thence Northerly to the most Westerly corner of said Block Fourteen (14); thence Southeasterly along aforesaid Southwest line of Block Fourteen (14) to the point of beginning. AND All of Lots One (1), Two (2), Three (3), Four (4), Five (5), and Twenty (20) foot alley, Block Thirteen (13) in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa. AND 5 The Northeasterly One Hundred Ten (110) feet of Lots Six (6), Seven (7), Eight (8), Nine (9) and Ten (10), all in Block Thirteen (13) in the Original Plat, on the West Side of the Cedar River, in the City of Waterloo, Black Hawk County, Iowa, EXCEPT those parts conveyed to the State of Iowa in 607 CLD 684 AND EXCEPT those parts conveyed to the City of Waterloo in 661 CLD 853. AND That part of Lots Eight (8), Nine (9) and Ten (10), Block Thirteen (13), Original Plat of West Waterloo, Black Hawk County Iowa, bounded as follows: On the Northeast by the Southwest line of the Northeasterly One Hundred Ten (110) feet of said Lots Eight (8), Nine (9) and Ten (10); On the Northwest by the Northwesterly line of the Southeasterly Ten (10) feet of said Lot Eight (8); On the Southwest by a line drawn from a point on the Northwesterly line of said Southeasterly ten (10) feet of Lot Eight (8), which is One Hundred Eighteen (118) feet Southwest of the Northeasterly line of said Lot Eight (8), said line extending to a point on the Southeasterly line of said Lot Ten (10) which is One Hundred Thirty-seven and Five Tenths (137.5) feet Southwesterly of the Northeast corner of said Lot Ten (10). WHEREAS, the City Council has determined that the redevelopment of said Property under the terms of the Development Agreement is in the best interests of the City and the residents thereof; and WHEREAS, Section 364.7 of the Iowa Code requires that a public hearing be held on the proposal to dispose of an interest in real property, which has now been held. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WATERLOO, IOWA: Section 1. The Council finds that disposal of the Property to Waterloo Development Corporation will benefit the health, safety and welfare of, and is in the best interests of the residents of the City, and the proposal to dispose of an interest in real property to Waterloo Development Corporation, by means of a deed, is hereby approved. Section 2. The form and content of the Deed now before this Council ("Deed"), the provisions of which are incorporated herein by reference, hereby are in all respects 6 authorized, approved and confirmed. The Mayor and City Clerk are authorized, empowered and directed to execute, attest and deliver the Deed and all related closing documents and certifications for and on behalf of the City, including necessary counterparts and in substantially the form and content now before this meeting but with such changes, modifications, additions or deletions therein as shall to them, upon the advice of special counsel to the City, seem necessary, desirable or appropriate, their execution thereof to constitute conclusive evidence of the Council's approval of any and all changes, modifications, additions or deletions therein from the form and content of the Deed now before this meeting, and from and after the execution and delivery of the Deed, the Mayor and City Clerk are hereby authorized, empowered and directed to do all such acts and things and execute all such documents as may be necessary to carry out and comply with the provisions of the Deed as so executed. PASSED AND APPROVED this ATTEST: City Clerk day of , 2012. Mayor 7 CERTIFICATE STATE OF IOWA ) ) SS COUNTY OF BLACK HAWK ) I, the undersigned City Clerk of Waterloo, Iowa, do hereby certify that attached is a true and complete copy of the portion of the corporate records of said Municipality showing proceedings of the Council, and the same is a true and complete copy of the action taken by said Council with respect to said matter at the meeting held on the date indicated in the attachment, which proceedings remain in full force and effect, and have not been amended or rescinded in any way; that meeting and all action thereat was duly and publicly held in accordance with a notice of meeting and tentative agenda, a copy of which was timely served on each member of the Council and posted on a bulletin board or other prominent place easily accessible to the public and clearly designated for that purpose at the principal office of the Council (a copy of the face sheet of said agenda being attached hereto) pursuant to the local rules of the Council and the provisions of Chapter 21, Code of Iowa, upon reasonable advance notice to the public and media at least twenty-four hours prior to the commencement of the meeting as required by said law and with members of the public present in attendance; I further certify that the individuals named therein were on the date thereof duly and lawfully possessed of their respective city offices as indicated therein, that no Council vacancy existed except as may be stated in said proceedings, and that no controversy or litigation is pending, prayed or threatened involving the incorporation, organization, existence or boundaries of the City or the right of the individuals named therein as officers to their respective positions. WITNESS my hand and the seal of said Municipality hereto affixed this day of , 2012. SEAL 00846370-1\11310-093 City Clerk, Waterloo, Iowa 8 CITY OF WATERLOO Council Communication City Council Meeting: April 2, 2012 Prepared: March 27, 2012 Dept. Head Signature: Sandie Greco # of Attachments: 1 SUBJECT: eitivot y4rwit., 412-66o- oc 110.9a9 Ordinance Change — No Parking Except Friday, Saturday and Sunday - 12:00 Noon to 10:00 PM North side of the 200 Block of Wellington St. Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Adopt Ordinance Summary Statement: Allow additional parking during worship time at the Mosque. Expenditure Required Source of Funds Policy Issue Alternative Background Information: Parking is very limited within the area of the building. I have cleared this with WFR, as emergency vehicles, if needed, will be able to drive thru the 200 block of Wellington St. Parking is allowed on the south side of Wellington St. ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY: ADDING SECTION 580B, NO PARKING EXCEPT FRIDAY, SATURDAY AND SUNDAY FROM 12:00 NOON TO 10:00 P.M. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Section 580B, No Parking Except Friday, Saturday and Sunday from 12:00 Noon to 10:00 P.M., of the 2008 Traffic Code, is hereby added as follows: SEC. 580B. NO PARKING EXCEPT FRIDAY, SATURDAY AND SUNDAY FROM 12:00 NOON TO 10:00 P.M. When signs are erected in each block, or portion thereof, giving notice, no person shall park a vehicle at any time except Friday, Saturday and Sunday from 12:00 Noon to 10:00 P.M. within the district and upon any of the streets or portions thereof as named herein: STREET PORTION WHERE PARKING PROHIBITED (I) Wellington Street North side of the 200 Block PASSED AND ADOPTED by the City Council this day of , 2012, and approved by the Mayor this day of , 2012. Ernest G. Clark, Mayor ATTEST: Suzy Schares, City Clerk CITY OF WATERLOO Council Communication City Council Meeting: April 2, 2012 Prepared: March 26, 2012 Dept. Head Signature: S.G. # of Attachments: 1 ��Ub1Gt C Dei til9-62_ Orkyuuka J\Sio SUBJECT: Ordinance Change — No Parking This Side West Side of the 700 Block of Rhey St. Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Adopt Ordinance Summary Statement: To allow emergency vehicles and school buses to pass thru this block safely. Expenditure Required: Source of Funds: Policy Issue Alternative Background Information: I was notified by the Waterloo Schools that the school bus could not proceed down the 700 block of Rhey St. to pick up two disabled students because vehicles were parked on both sides of the street. Watching the two students, in the morning, trying to go from mid -block to the corner to get on the bus was a challenge. Emergency vehicles could not proceed thru this area either. There are three houses on the east side, no houses on the west side of the 700 block of Rhey St. and only one on the corner facing Glenwood. All residents have been notified of the pending ordinance change. ORDINANCE NO. AN ORDINANCE AMENDING THE 2008 TRAFFIC CODE BY: REPEALING SUBSECTION (331) RHEY STREET OF SECTION 551, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS; AND ENACTING IN LIEU THEREOF A NEW SUBSECTION (331) RHEY STREET OF SECTION 551, PARKING PROHIBITED AT ALL TIMES ON CERTAIN STREETS. BE IT ORDAINED by the City Council of the City of Waterloo, Iowa: That Subsection (331) Rhey Street of Section 551, Parking Prohibited at All Times on Certain Streets, of the 2008 Traffic Code, is hereby repealed in its entirety; that a new Subsection (331) Rhey Street of Section 551, Parking Prohibited at All Times on Certain Streets, of the 2008 Traffic Code, is hereby enacted in lieu thereof as follows: (331) Rhey Street West side from Lafayette Street to dead end in 600 Block; West side of the 700 Block of Rhey (Ord. #4187, 8/19/96) PASSED AND ADOPTED by the City Council this day of , 2012, and approved by the Mayor this day of ATTEST: Suzy Schares, City Clerk , 2012. Ernest G. Clark, Mayor CITY OF WATERLOO Council Communication City Council Meeting: April 2, 2012 Prepared: March 27, 2012 Dept. Head Signature: Sandie Greco # of Attachments: 1 SUBJECT: Submitted by: QI>rf'itc $62 -- Traffic Communications Infrastructure Upgrade Fiber Optics Phase I-1 Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Set Date of Public Hearing & Opening of Bids for May 7, 2012 Summary Statement The project involves installing fiber optics connections between City Hall basement, Traffic Operations Center (408 E 6th), signal cabinets at E 6th and Mulberry, E 6th and Lafayette, E 6th and Sycamore, W 6th and Commercial, and W 5th and Commercial, and to parking control equipment inside Commercial Street parking garages, and to Memorial Hall 104 West 5th Street. It also involves fiber optic connection between City Hall basement and to the new Public Works Building. Expenditure Required 175,000 Source of Funds G.O. Bonds Policy Issue Alternative Background Information: Parking Ramp Control Computer needs to be connected to City Network. Memorial Hall needs connection to City network. Traffic signal interconnection needs to be upgraded, along with fiber optic being run to the new Public Works Building. CITY OF WATERLOO Council Communication City Council Meeting: April 2 2012 Prepared: March 27, 2012 Dept. Head Signature: # of Attachments: SUBJECT: Request the City Council adopt resolutions to preliminarily approve the request for the bid document and specifications for Conversion of the City - Wide 2-Wa Radio s stem to meet mandated FCC Narrow Bandin• Regulation and to instruct the City Clerk to publish notice of hearing on bid document, specifications etc, as May 7, 2012 Submitted by: Mark Rice, Public Works Director Recommended City Council Action: Approve Summary Statement: The Finance Committee at their April 2, 2012 meeting approved the request for authorization to seek bids. Expenditure Required: Est $45,000 Source of Funds: Sanitation Operational Funds / Sewer Operational Funds / GO Bond Proceeds Policy Issue: NA Alternative: NA Background Information: Request Council adopt resolutions to set date of hearing for the purpose of converting the City -Wide 2 -Way radio system to narrow banding as required by FCC regulation. Conversion must be accomplished by January 2013. This system provides critical communication in the day-to-day operation of several departments including: Street, Sign and Traffic, Central Garage, Leisure Services, Sanitation, Sewer and Parking Maintenance, Payment voucher prepared by: Pauline Clossom osson CITY OF WATERLOO 9002 PAYMENT VOUCHER A040212 March 26, 2012 Vendor No. Department: Engineering Vendor Name AECOM Grant/Project Code # 07VIPPUMP Address City & State Invoice Date ***,***.****************************** Invoice No. Qty/Unit Amount Description G.L. Distribution 3/21/12 37220983 $4,842.82 City Conract # 801 Est # 8 Cattle Congress Storm Water Pump Station 2/11 thru 3/16/12 TOTAL $4,842.82 Special Instructions 3/26/12 Submitted By ova Date Approved By An Equal Opportunity/Affirmative Action Employer 424-07-7505-2103 AECOM Invoice To: Date: March 21, 2012 Mr. Eric Thorson, P.E. City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Project Number: 60212393 Invoice No: 37220983 Your Authorization: Supplemental Agreement No. 13 Dated March 14, 2011 Cattle Congress Storm Water Pump Station Construction -Review Services Progress Billing: February 11, 2012, through March 16, 2012 Classification Hours Amount Senior Professional 85.0 $16,774.67 Project Professional 227.0 27,475.13 Staff Professional 47.5 5,206.74 CAD/GIS Operator 21.0 1,292.82 Senior Technician 378.0 35,381.15 Technician 85.5 6,735.41 Project Support 70.0 5,106.81 Direct Expenses 1,228.76 Total Costs to Date $99,201.49 Less Previous Billing 94 358.67 TOTAL AMOUNT DUE $ 4 842.82 L:\work\ADMIN\INVOICE\WatCattleCongressPumpStationCRS.doc Dg yy' C7�`h Remit To: AECOM • P.O. Box 1497 • Waterloo, Iowa 50704-1497 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 Invoice Vouchers Prepared by Pauline Closson CITY OF WATERLOO 9002 PAYMENT VOUCHER A040212 March 26, 2012 Vendor No. Batch No. Keyed By: Vendor AECOM Department Engineering Department Address City & State Ciuty & State ************************************* Invoice Date Invoice No. Qty/Unit Amount Description Grant/ProjE 07VIPUPPL 3/21/11 37220984 1,298.57 Contract No. 808 Est No.8 2011 River Renainance Upper Piazza 12/17/11 thru 3/16/12 CRS Special Instructions: Submitted By ,dna-w Total $ 1,298.57 03/26/12 G/L Distribution 424-07-7610-2103 Date Approved By: Date An Equal Opportunity/Affirmative Action Employer AZCOM Invoice To: Mr. Eric Thorson, P.E. City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Date: March 21, 2011 Project Number: 60217210 Invoice No: 37220984 Your Authorization: Supplemental Agreement No. 14 Dated May 16, 2011 Upper Plaza Construction -Review Services Progress Billing: December 17, 2011, through March 16, 2012 Classification Hours Amount Senior Professional 2.5 $ 587.52 Project Professional 158.0 22,691.78 Senior Technician 331.0 33,548.88 Technician 650.0 45,150.46 CAD/GIS Operator 4.5 277.33 Project Support 18.5 1,406.93 I nV ision 23,100.00 Terracon 12,175.38 Direct Expenses 1 062.83 Total Costs to Date $140,001.11 Less Previous Billing 138 702.54 TOTAL AMOUNT DUE $ 1 298.57 L:\work\ADM I N\INVOICE\W atU pperPlazaC RS.doc o(i y -1\4 ors g Remit To: AECOM • P.O. Box 1497 • Waterloo, Iowa 50704-1497 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 Invoice March 26, 2012 Vendor Name Address City & State Invoice Date AECOM ************************************* Invoice No. QtylUnit CITY OF WATERLOO PAYMENT VOUCHER 9002 A040212 Vendor No. Department: Engineering Grant/Project Code # Dry nRun Creek Study Amount Description GL Distribution 3/201/12 37220982 17,914.63 Dry Run Creek Study Liberty Park to Outlet @ Cedar River Feb. 18 thru March 16, 2012 Special Instructions: Total $ 17,914.63 3/26/12 (design study for Dry Run Arch) Jac 4/4 Date Approved By: 409-07-5600-2103 AECOM Invoice Invoice To: Date: March 21, 2012 Mr. Eric Thorson City of Waterloo 715 Mulberry Street Waterloo, Iowa 50703 Project Number: 60236731 Invoice No: Your Authorization: Professional Services Agreement Dated October 17, 2011 Dry Run Creek Study Liberty Park to Outlet at Cedar River Waterloo, Iowa Progress Billing: February 18, 2012, through March 16, 2012 Classification Hours Amount Senior Professional 45.0 $ 8,482.10 Project Professional 63.0 7,028.51 Staff Professional 57.0 5,561.91 Professional 176.5 13, 545.78 Project Support 4.0 324.22 Direct Expenses 0.00 Total Costs to Date $34,942.52 Less Previous Billing 17 027.89 TOTAL AMOUNT DUE $17,914.63 L:\work\ADMIN\INVOICE\WatDryRunCreekStudy.doc 37220982 Y izu.,u A- 677aD v Remit To: AECOM • P.O. Box 1497 • Waterloo, Iowa 50704-1497 501 Sycamore Street, Suite 222 • Waterloo, Iowa 50703 • (319)232-6531 • Fax: (319) 232-0271 March 26, 2012 Vendor Name Signs & Designs Address 5600 Nordic Drive City & State Cedar Falls, la 50613 Invoice Date CITY OF WATERLOO PAYMENT VOUCHER Vendor No. Department: Engineering Grant/Project Code # 07STR WYFD Invoice No. Qty/Unit Amount Description 3/19/12 212-116 3@ $332.00 Each $996.00 TOTAL 996.00 Special Instructions 3/19112 Submitted By Date Wloo Wayfinding Signage Wloo Wayfinding cover portion of John Deere Musem with new panels 9002 A040212 G/L Distribution 409-07-7120-2103 Approved By Date An Equal Opportunity/Affirmative Action Employer SIGNS & DESIGNSic Visit us in the Industrial Park 1 "" 5600 Nordic Drive Cedar Falls, Iowa 50613 319-277-8829 Fax: 319-268-2298 City of Waterloo 715 Mulberry St. Waterloo, IA 70703 Phone: 319-291-4366 Qua FAX: 319-291-4262 INVOICE. 212-116 Mar 19, 2012 Your Purchase Order Number: CITY ENWIEERa WATERLOO, IA ntity Description Unit Price Am. - - 3.00 Waterloo Wayfindiing cover sign portion of John Deere Museum with new panels. 13.5" x 60" x .080 aluminum routed/not-painted/covered w/ Hi -Intensity Reflective and print w/ laminate. installed at each location.it . N -`"6 --I nl ,64 If you have questions about this project, just call Dave If your question is accounting related, ask for Amy 332.00 996.00 t� 1 6 01 f r C51( 1V7 71 / 1 Use this space to let us know how we did on your project! Subtotal Sales Tax Freight Total Invoice Amount Payment Received TOTAL DUE: There is a 1.5% per month finance charge on all invoices over 30 days. 996.00 996.00 996.00