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HomeMy WebLinkAboutCouncil Packet - 4/17/2017THE CITYCOUNCIL OF THE CITYOF WATERLOO, IOWA, REGULAR SESSION TO BE HELD AT THE HAROLD E. GETTY COUNCIL CHAMBERS Monday, April 17, 2017 5:30 PM CITY OF WATERLOO GOALS 1. Support the creation of new, livable wage jobs through a balanced economic development approach of assisting existing businesses, fostering start-ups, attracting new employers and cultivating an adequate workforce. 2. Implement a Community Policing strategy that creates a safe environment in Waterloo. 3. Reduce the City's property tax levies through a responsible balance of cost reduction in City operations and increases in taxable property valuations to ensure that Waterloo is a competitive, affordable, and livable city. 4. Enhance the image of Waterloo and the City to residents and businesses inside and outside of the community. General Rules for Public Participation 1. At the chair/presider's discretion, you may address an item on the current agenda by stepping to the podium, and after recognition by the chair/presider, state your name, address and group affiliation (if appropriate) and speak clearly into the microphone. 2. You may speak one (1) time per item for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office you may speak one (1) time per item for a maximum of three (3) minutes. 3. If there is a hearing scheduled as part of an agenda item, the chair/presider will allow everyone who wishes to address the council, using the same participation guidelines found in these "general rules". 4. Although not required by city code of ordinances, oral presentations may be allowed at the chair/presider's (usually the Mayor or Mayor Pro Tem) discretion. The "oral presentations" section of the agenda is your opportunity to address items not on the agenda. You may speak one (1) time for a maximum of five (5) minutes as long as you have registered with the City Clerk's office no later than 4:00 p.m. on the day of the Council Meeting. If not registered with the City Clerk's office a speaker may speak to one (1) issue per meeting for a maximum of three (3) minutes. Official action cannot be taken by the Council at that time, but may be placed on a future agenda or referred to the appropriate department. 5. Keep comments germane and refrain from personal, impertinent or slanderous remarks. 6. Questions concerning these rules or any agenda item may be directed to the Clerk's Office at 291-4323. 7. Citizens are encouraged to register with the Clerk's Office by 4:00 p.m. on Monday of the day of the City Council meeting to appear before the City Council (may also register by phone). Registered speakers will be given first priority. Page 1 of 149 Roll Call. Prayer or Moment of Silence Pledge of Allegiance Tom Powers, Ward 1 Council Member Agenda, as proposed or amended. Minutes of April 10, 2017, Regular Session, as proposed. Proclamation declaring April 23-30, 2017 as Days of Remembrance Proclamation declaring April 17-23, 2017 as National Community Development Week ORAL PRESENTATIONS Iowa Code Chapter 21 gives the public the right to attend council meetings but it does not require cities to allow public participation except during public hearings. The City of Waterloo encourages the public to participate during the Oral Presentations by following the rules listed on the front of the agenda. 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: Bills Payment, Finance Committee Invoice Summary Report, a copy of which is on file in the office of the City Clerk. 2. Resolution setting date of public hearing for April 24, 2017, to approve the request by Tim Moyer to purchase city -owned property, located at 1330 Scott Avenue, in the amount of $28,000, approve development agreement and direct the City Clerk to publish said notice. Submitted By: Noel Anderson -Community Planning and Development Director 3. Resolution setting date of public hearing as May 1, 2017 for the sale and conveyance of city -owned property, located at 525 E. 4th Street in the amount of $58,500.00 to First Presbyterian Church, including up to $2,000.00 in closing costs and instruct City Clerk to publish notice. Submitted By: Noel Anderson, Community Planning & Development Director 4. Resolution setting date of hearing as April 24, 2017 for an amendment to the FYE2017 Budget and instruct the City Clerk to publish notice. Submitted By: Michelle Weidner, Chief Financial Officer 5. Request from the Memorial Day Board to hold a Memorial Day Parade on May 29, 2017 from 8:45 a.m. to 11:45 a.m. with an honor guard salute and a parade Page 2 of 149 route utilizing Commercial, 5th, Park Avenue and Mulberry Streets, requiring barricades. Submitted By: Joe Leibold, Captain of Police Services 6. Resolution rescinding resolution 2016-987, adopted on December 19, 2016, to correct Iowa DOT Agreement Number from 2015 ICAAP-05 to 2017-ICAAP-02 and authorizing Mayor and City Clerk to execute all necessary documents. Submitted By:Sandie Greco, Interim Public Works Director 7. Request from Scott Yount for a waiver for a concrete driveway located at 156 Lichty Blvd. with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Eric Thorson, PE, City Engineer 8. Request from Lynn Bowers for a waiver for a concrete driveway located at 112 Sidehill Drive with the elimination of the sidewalk section due to the inability to meet grade requirements. Submitted By: Eric Thorson, PE, City Engineer B. Motion to approve the following: 1. TRAVEL REQUESTS a. Rudy Jones, Community Development Director Class/Meeting: The Fundamentals of HOME Destination: Framingham, MA Dates: May 14-17, 2017 Amount not to exceed: $2,040.00 2. LIQUOR LICENSES a. Casey's General Store #2880, 1604 LaPorte Road *Ownership U pdate* Class: C Beer New Application Includes Sunday Expiration Date: 4/19/2017 b. Dollar General Store #7136, 66 E. Tower Park Drive Class: B Wine / C Beer Renewal Application Includes Sunday Expiration Date: 2/28/2018 c. Your Pie, 126 E. Ridgeway Avenue Class: Special C Liquor BW w/Outdoor Service New Application Includes Sunday Expiration Date: 4/5/2018 d. Kings and Queens, 304 W. 4th Street *Adding Outdoor Service* Class: C Liquor w/Outdoor Service New Application Does not include Sunday Expiration Date: 11/15/2017 3. APPOINTMENTS Page 3 of 149 a. Nicole Rand Board/Commission: ADA Compliance Commission Expiration Date: 4/17/2020 New Appointment 4. Recommendation of appointment of Jesse Gaherty, from the Civil Service list, to the position of Maintenance Foreman at the Waste Management Department effective April 18, 2017. Submitted By: Steven Hoambrecker, Director, Waste Management Services Dept 5. Motion to approve Exception to Burning Yard Waste Application by Dennis Clark to burn native prairie grasses, marsh habitats and small shrubs and trees, on approximately 1 1/2 acres located at 2204 Ashland Avenue, during March and April and again in September and October. Submitted By: Pat Treloar, Chief of Fire Services 6. Bonds PUBLIC HEARINGS 2. FY 18 One Year -Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls HOME Consortium. Motion to receive and file proof of publication of notice of public hearing. HOLD HEARING -Comments on file. Motion to close hearing and receive and file oral and written comments and recommendation of approval of Community Development Board. Resolution approving proposed funding recommendations set forth by the Community Development Board for the FY18 One -Year Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls Consortium. Submitted By: Rudy D. Jones, Community development Director 3. Purchase of one (1) cargo van for the Traffic Operations Department Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid document, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids and refer to Interim Public Works Director for review. Submitted By: Sandie Greco, Interim Public Works Director 4. Purchase of one (1) 2017 service truck for the Sewer Department. Motion to receive and file proof of publication and notice of public hearing. HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids and refer to Interim Public Works Director for review. Submitted By: Sandie Greco, Interim Public Works Director Page 4 of 149 RESOLUTIONS 5. Resolution accepting storm sewer easements from Manatts, Inc., for construction and maintenance of storm sewer pipes located along Highway 63, from Newell Street, southward to Highway 218, otherwise known as 84 West Mullan Avenue. Submitted By: Noel Anderson, Community Planning & Development Director 6. Resolution approving award of contract to Aspro, Inc., of Waterloo, Iowa in the amount of $7,699,490.74, and approving the Contract, Bonds, and Certificate of Insurance for the FY 17 Street Reconstruction Program (Division I + Alternate A + Divisions II, III, & IV), Contract No. 921; and authorize Mayor and City Clerk to execute said documents. Submitted By: Dennis Gentz, PE, Assistant City Engineer 7. Resolution approving a Development Agreement between Kwik Trip, Inc., and the City of Waterloo for the construction of a $1,850,000 convenience store and $760,000 car wash in the San Marnan TIF District at the intersection of Fisher Drive and Ansborough Avenue, offering seven (7) years of tax rebates at 85 percent for the first five years and 80 percent for the final two years, and authorize Mayor and City Clerk to execute all necessary documents. Submitted By: Noel Anderson, Community Planning & Development Director 8. Motion approving Final Quantity Summary for a net increase of $13,407.00 for the FY 2016 11th Street Bridge Deck Joint Repairs, Contract No. 890 and authorize the Mayor and City Clerk to execute said document. Submitted By: Wayne Castle, PLS, PE, Associate Engineer 9. Resolution approving completion of project and recommendation of acceptance of work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, at a total cost of $168,501.75, for the FY 2016 11th Street Bridge Deck Joint Repairs, Contract No. 890, and receive and file two-year maintenance bond. Submitted By: Eric Thorson, PE, City Engineer 10. Resolution authorizing the Management Information Systems Department to seek proposals for upgrading the Public Access Studio to High Definition Technology. Submitted By: Chris Youngblut, Director of Information Technology 11. Resolution approving contract with Strand Associates to update facility plan and prepare a Nutrient Reduction Study, in an amount not to exceed $214,000, and authorize Mayor to execute said document. Submitted By: Steven Hoambrecker, Director Waste Management Services 12. Resolution approving Renegotiated Contract for the period April 1, 2017 through March 31, 2018 by and between Planergy Waterloo, LLC and the City of Waterloo, Iowa. Submitted By: Steven Hoambrecker, Director Waste Management Services ADJOURNMENT Motion to adjourn. Page 5 of 149 Kelley Felchle City Clerk MEETINGS 4:00 p.m. Council Work Session, Harold E. Getty Council Chambers 4:45 p.m. Hotel/Motel Discretionary Funding Committee, Harold E. Getty Council Chambers 5:05 p.m. Boards & Commissions Committee, Harold E. Getty Council Chambers 5:10 p.m. Finance Committee, Harold E. Getty Council Chambers Page 6 of 149 CITY OF WATERLOO Council Communication Minutes of April 10, 2017, Regular Session, as proposed. City Council Meeting: 4/17/2017 Prepared: REVIEWERS: Department Reviewer Cleric Office Higby, Nancy ATTACHMENTS: Description D Minutes of April 10, 2017 Submitted by: Submitted By: Action Approved Type Backup Material Date 4/12/2017 - 11:33 AM Page 7 of 149 April 10, 2017 The Council of the City of Waterloo, Iowa, met in Regular Session at Harold E. Getty Council Chambers, Waterloo, Iowa, at 5:30 p.m., on Monday, April 10, 2017. Mayor Quentin Hart in the Chair. Roll Call: Jacobs, Morrissey, Powers, Lind, Amos, Schmitt, and Welper. Prayer or Moment of Silence. Pledge of Allegiance: Mayor Quentin Hart 146276 - Welper/Schmitt that the Agenda, as proposed, for the Regular Session on Monday, April 10, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. 146277 - Welper/Schmitt that the Minutes, as proposed, for the Regular Session on Monday, April 3, 2017, at 5:30 p.m., be accepted and approved. Voice vote -Ayes: Seven. Motion carried. Mayor Hart recognized Brandon Hodgin as the April 2017 Team Member of the Month. ORAL PRESENTATIONS Jim Chapman, 224 Bertch, questioned what benefits have been seen by the city from hiring a new Economic Development Specialist and adding another staff member to planning and zoning. Forrest Dillavou, 1725 Huntington Road, commented on concrete streets vs. asphalt streets and was told by the City Engineer that it would be done in concrete and saw that entrances to the street were put in by VGM. David Dryer, 3145 W. 4t` Street, questioned if a cost analysis has been done on change orders, if local preference has been done for bids, and if a city citizen board is going to be assembled to look at City finances and how many vehicles have been purchased in the last 12 months. Mayor Hart commented that although for the past year or so citizens have been free to speak on more than one issue, the guidelines for oral presentations only allows for one item. Mayor Hart then provided a response to the three issues. 146278- Welper/Schmitt that the above oral comments be received and placed on file. Voice vote -Ayes: Seven. Motion carried. CONSENT AGENDA 146279- Welper/Schmitt that the following items on the consent agenda be received, placed on file and approved: a. Resolutions to approve the following: 1. Resolution approving Finance Committee Invoice Summary Report, dated April 10, 2017, in the amount of $1,040,279.61 a copy of which is on file in the City Clerk's office, together with recommendation of approval of the Finance Committee. Resolution adopted and upon approval by Mayor assigned No. 2017-258. 2. Resolution approving preliminary specifications, bid document, form of contract etc., and setting date of bid opening as April 27, 2017 and date of public hearing as May 1, 2017 for the purchase of one (1) Salt Brine Blender and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-259. Page 8 of 149 April 10, 2017 Page 2 3. Resolution approving preliminary specifications, bid document, form of contract, etc., and setting date of bid opening as April 20, 2017 and date of public hearing as April 24, 2017 for the purchase of two (2) compact pickup trucks for the Engineering Department and instruct City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-260. 4. Resolution setting date of public hearing as April 24, 2017, for the sale and conveyance of city owned property located west of 2010 West Ridgeway Avenue (Denso), to Kwik Trip, Inc. in the amount of $1.00, and approving Development Agreement and Offer to Purchase, and directing City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-261. 5. Resolution setting date of public hearing as April 24, 2017, to approve the request by Mark White Construction on the behalf of Fusion Real Estate, LLC, for a site plan amendment to the "C -P" Planned Commercial District, to allow for the construction of an 12,000 square foot, indoor dance studio, with a 51 -stall parking lot, located north of 1730 West Ridgeway Avenue, and authorize the City Clerk to publish said notice. Resolution adopted and upon approval by Mayor assigned No. 2017-262. b. Motion to approve the following: 1. a. b. C. d. e. 2. a. b. C. d. e. Travel Requests Name & Title of New or Expiration Amount Personnel Class/Meeting Destination Date(s) not to Amigo Mexican Restaurant, C Liquor New 2/28/2018 Exceed Inv. Frein & P.O. Midwest Gang Wisconsin May 21- $464.00 Roberts Investigators Dells, WI 24, 2017 X 42879, 3260 University Association 2017 Avenue Conference Lt. Fangman Rights of Police Las Vegas, NV June 6-12, $1,563.00 University Avenue Officers Seminar 2017 Brian Baker, Chief 2017 IOWACE (Iowa Altoona, IA May 11- $285.00 HVAC Inspector Association of Code 12, 2017 Walgreens 47455, 111 W. Enforcement) Spring New 6/17/2017 X Ridgeway Avenue Conference Barry Stratton, 2017 IOWACE (Iowa Altoona, IA May 11- $250.00 Property Safety Association of Code 12, 2017 Inspector Enforcement) Spring Conference Keith Kaspari, Cedar Valley Washington, June 12- $1,300.00 Director of Aviation Coalition - 2017 D.C. 14, 2017 Approved Beer, Liquor, and Wine Applications Name & Address of New or Expiration Includes Business Class Renewal Date Sunday Amigo Mexican Restaurant, C Liquor New 2/28/2018 X 1415 E. San Marnan Drive w/Outdoor Service Casey's General Store B Native Wine / C Renewal 4/18/2018 X 42879, 3260 University Beer Avenue Godfather's Pizza, 3811 B Beer Renewal 3/30/2018 X University Avenue Prime Mart, 508 Broadway B Wine / C Beer / E Renewal 3/31/2018 X Street Liquor Walgreens 47455, 111 W. E Liquor New 6/17/2017 X Ridgeway Avenue *OWNERSHIP UPDATE* Page 9 of 149 April 10, 2017 f. 9. Page 3 Prime Mart 7, 1309 B Wine / C Beer / E New 3/16/2018 X Lafayette Street Liquor Appointment Marcia Buttgen Planning, Programming Riverloop Expo Plaza, 400 Special C Liquor New 10/1/2017 x Jefferson Street w/Outdoor Service Community Development 3/1/2020 Re -appointment 3. Mayor Hart's recommendation of the following appointments: Appointee Board/Commission Expiration Date New or Re - Appointment Marcia Buttgen Planning, Programming 4/10/2020 New and Zoning Jason Verbraken Community Development 3/1/2020 Re -appointment Jamie Castle Planning, Programming 4/10/2020 New and Zoning Christina Wood Cultural and Arts 3/1/2020 Re -appointment Commission Teresa Culpepper Human Rights 4/10/2020 New Lisa Reilly Human Rights 4/10/2020 New 4. Motion to receive and place on file the 2015 Operating Report of the Waterloo Water Works. 5. Bonds. Mr. Lind questioned 1B1E, commented that he would like to see lodging costs reduced for travel requests, and also requested that 133C be considered separately. Mr. Lind requested an explanation of 133C regarding the residency requirement. Aric Schroeder, City Planner, explained the residency requirement for Planning and Zoning Commission. Mr. Lind requested a copy of the written legal opinion. Aric Schroeder explained that a legal opinion can be provided. Roll call vote -Ayes: Seven. Motion carried. Mayor Hart thanked the new commission members for their dedication and support of the city of Waterloo. PUBLIC HEARINGS 146280 - Schmitt/Amos that proof of publication of notice of public hearing on the FY 2017 Street Reconstruction Program, Contract No. 921, as published in the Waterloo Courier on March 27, 2017, be received and placed on file. Voice vote -Ayes: Seven. Motion carried. This being the time and place of public hearing, the Mayor called for written and oral comments and there were none. 146281 - Schmitt/Amos that the hearing be closed. Voice vote -Ayes: Seven. Motion carried. 146282 - Schmitt/Amos that "Resolution confirming approval of plans, specifications, form of contract, etc.", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-263. Page 10 of 149 April 10, 2017 146283 - Schmitt/Amos Page 4 that "Resolution authorizing to proceed", be adopted. Roll -call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-264. 146284 - Schmitt/Amos Motion to receive and file and instruct City Clerk to read bids and refer to City Engineer for review. Engineer's Estimate: Total Division I Base Bid + Alternate A + Div. II + Div. III + Div. IV $8,865,765.99 Total Division I Base Bid + Alternate B + Div. II + Div. III + Div. IV $8,870,832.30 Bidder Bid Security Bid Amount Croell, Inc. Total Division I Base Bid + Alternate A + Div II + New Hampton, IA Div. III + Div. IV......................................NO BID 5% Total Division I Base Bid + Alternate B + Div. II + Div. III + Div. IV .................... ......$9,338,233.42 Aspro, Inc. Total Division I Base Bid + Alternate A + Div II + Waterloo, IA Div. III + Div. IV.............................$7,699,490.74 5% Total Division I Base Bid + Alternate B + Div. II + Div. III + Div. IV ................................. NO BID Voice vote -Ayes: Seven. Motion carried. RF 0T.TTTTOMI4 146285 - Lind/Powers that "Resolution approving Lease Agreement with Silver Eagle Harley Davidson for two (2) Harley Davidson police motorcycles for a twelve (12) month period at a cost of $135.00 per motorcycle, per month, for a total amount of $3,240.00 and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. David Dryer, 3145 W. 4t` Street, questioned the duration of the motorcycle contract. Dan Trelka, Chief of Police, explained that the previous weather conditions limited the use of the motorcycles, but with the unseasonably warmer weather we are having, the officers would like to extend the time to use the motorcycles. Resolution adopted and upon approval by Mayor assigned No. 2017-265. 146286 - Lind/Powers that "Resolution awarding contract to Dick's Petroleum of Tripoli, Iowa, in the amount of $40,576.53, in conjunction with the replacement of fuel pump dispensers at the City Fuel Distribution Site and authorize Mayor and City Clerk to execute said document", be adopted. Roll call vote -Ayes: Seven. Motion carried. Resolution adopted and upon approval by Mayor assigned No. 2017-266. 146287 - Lind/Powers that "Resolution approving award of contract to Wilson Custom Tree of Cresco, Iowa, in the amount of $86,714.25, approving bond and certificate of insurance in conjunction with the 2017 Spring Stump Removal Project, and authorize Mayor and City Clerk to execute said agreement", be adopted. Roll call vote -Ayes: Seven. Motion carried. Page 11 of 149 April 10, 2017 Page 5 David Dryer, 3145 W. 4t` Street, questioned why the city is not using chemicals like Cedar Falls. Paul Fluting, Leisure Services Director, explained that Cedar Falls is considering adjacent property owners to treat trees with chemicals. He further explained that Waterloo has been allowing citizens to treat trees with chemicals and that in the long run the city is better off financially and environmentally to cut down the trees. He explained that stump removal was included in bond funds. Mayor Hart explained that council had previously discussed treatment of the trees. Paul Fluting commented that many trees are being treated. Mr. Amos questioned if trees are being replaced with new trees. Paul Fluting explained that monies received from the sale of lumber are being utilized to purchase additional trees. He further explained that there are grant funds available. Mr. Jacobs complimented Paul Fluting on his tree program. Resolution adopted and upon approval by Mayor assigned No. 2017-267. 146288 - Morrissey/Amos that "Resolution approving Supplemental Agreement No. 4 with AECOM of Waterloo, Iowa, in an amount not to exceed $115,000.00, for construction related services for the FY 2017 4th Street Bridge Canopy Repairs, Contract No. 910, and authorize Mayor and City Clerk to execute said documents", be adopted. Roll call vote -Ayes: Five. Nays: Two (Schmitt and Lind). Motion carried. Mr. Lind questioned if the preliminary engineering cost was available. Eric Thorson, City Engineer, explained that the numbers would be provided. Doug Schindel, AECOM, explained that the information would be provided to Mr. Lind. Mr. Lind questioned how high the amount would be, and further explained that other costs will be incurred and that it needs to be considered. Jim Chapman, 224 Bertch, questioned if the $115,000 was on top of the $1.4 million that was already voted on. Eric Thorson confirmed it is in addition to the construction cost. He further explained the need to utilize a consultant. Mr. Schmitt asked for clarification that this is on top of the $1.4 million. Eric Thorson confirmed. Resolution adopted and upon approval by Mayor assigned No. 2017-268. ORDINANCES 146289 - Morrissey/Amos that "an Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending Section 10-3-1 Definition—Billboard and Fence, Residential, Section 10-8-1(A)(4) and (10), "R-1" District Principal Permitted Uses, Section 10-14-1(A)(3), "C-1" District Principal Permitted Uses, Section 10-15-1(A), "C-2" District Principal Permitted Uses, Section 10-22-2 (A) Floodway Overlay District Principal Permitted Uses, Section 10-22-2(B) Floodway Overlay District Conditional Uses, Section 10-26-1(B) Definitions, Section 10-26-1(C) Regulation of All Signs, Section 10-27-1(H) (6) and (7), Special Permit Required, Section 10-27-1(0) Towers and Wireless Communication Facilities", be Page 12 of 149 April 10, 2017 Page 6 received, placed on file, considered and passed for the second time. Roll call vote -Ayes: Seven. Motion carried. 146290 - Morrissey/Amos that rules requiring ordinances to be considered and voted for passage at two prior meetings be suspended. Roll call vote -Ayes: Seven. Motion carried. 146291 - Morrissey/Amos that "an Ordinance No. 5079, as amended, City of Waterloo Zoning Ordinance, by amending Section 10-3-1 Definition—Billboard and Fence, Residential, Section 10-8-1(A)(4) and (10), "R-1" District Principal Permitted Uses, Section 10-14-1(A)(3), "C-1" District Principal Permitted Uses, Section 10-15-1(A), "C-2" District Principal Permitted Uses, Section 10-22-2 (A) Floodway Overlay District Principal Permitted Uses, Section 10-22-2(B) Floodway Overlay District Conditional Uses, Section 10-26-1(B) Definitions, Section 10-26-1(C) Regulation of All Signs, Section 10-27-1(H) (6) and (7), Special Permit Required, Section 10-27-1(0) Towers and Wireless Communication Facilities", be considered and passed for the third time and adopted. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5395. 146292 - Amos/Morrissey that "an Ordinance amending the City of Waterloo Zoning Ordinance No. 5079, by amending the Official Zoning Map referred to in Section 10-4-4, approving a Site Plan Amendment on certain property, located east of 3308 Bay Berry Drive", be received, placed on file, considered and passed for the third time. Roll call vote -Ayes: Seven. Motion carried. Ordinance adopted and upon approval by Mayor assigned No. 5396. OTHER COUNCIL BUSINESS 146293 - Welper/Morrissey to approve Change Order No. 1, for an increase of $5,829.50, in conjunction with the FY 2017 Byrnes and Gates Pool Painting Project, Contract No. 923. Roll call vote -Ayes: Seven. Motion carried. Paul Fluting explained that during the sand blasting and painting project, it was discovered there were areas of the gutter where metal was thinning which requiring welding. David Dryer, 3145 W. 4t` Street, questioned if the city is tracking change orders and if there would be less by using local contractors. 146294 - Welper/Morrissey Resolution approving a request by Roger Kalsem for the preliminary plat of Kalsem's Second Addition, a 90 lot residential subdivision, located to the south of E Shaulis Road, east of Highway 218, and east of 3308 Bay Berry Drive. Roll call vote -Ayes: Seven. Motion carried. Mr. Lind questioned if run off with the preliminary plat will be dramatically improved. Eric Thorson explained that the new plat has a detention pond and will improve waters in the area. Resolution adopted and upon approval by Mayor assigned No. 2017-269. ADJOURNMENT 146295 - Morrissey/Amos that the Council adjourn at 6:08 p.m. Voice vote -Ayes: Seven. Motion carried. Page 13 of 149 April 10, 2017 Kelley FeleWe City Clerk Page 7 Page 14 of 149 CITY OF WATERLOO Council Communication Proclamation declaring April 23-30, 2017 as Days of Remembrance City Council Meeting: 4/17/2017 Prepared: 3/27/2017 REVIEWERS: Department Reviewer Action Mayor Office Westphal, Michelle Approved Cleric Office Even, LeAnn Approved ATTACHMENTS: Description Type a Days of Remembrance Proclamation Cover Memo Submitted by: Submitted By: Mayor Quentin Hart Date 3/27/2017 - 5:02 PM 4/5/2017 - 9:58 AM Page 15 of 149 CITY OF WATERLOO, IOVYA PROCLAMATION 117 HERE—A5, the Holocaust was the state-sponsored, systematic persecution and annihilation of European Jewry by Nazi Germany and its collaborators between 1933 and 1945; and IREREAwS, Jews were the primary victims—six million were murdered; Roma (Gypsies), people with disabilities, and Poles were also targeted for destruction or decimation for racial, ethnic, or national reasons; and millions more, including homosexuals, Jehovah's Witnesses, Soviet prisoners of war and political dissidents also suffered grievous oppression and death under Nazi tyranny; and &nF&PJEM, the history of the Holocaust offers an opportunity ity to reflect on the moral responsibilities of individuals, societies, and governments; and 1&%F&RE5► we the people of the City of Waterloo should always remember the terrible events of the Holocaust and remain vigilant against hatred, persecution, and ���,* tyranny; and 7&%Faf ", we the people of the City of Waterloo should actively rededicate ourselves to the principles of individual freedom in a just society; and WHERE", the Days of Remembrance have been set aside for the people of the City of Waterloo to remember the victims of the Holocaust as well as to reflect on the need for respect of all peoples; and %%ER iM, pursuant to an Act of Congress (Public Law 96-388, October 7, 1980), the United States Holocaust Memorial Council designates the Days of Remembrance of the victims of the Holocaust to be Sunday, April 23 through Sunday, April 30, 2017, including the Day of Remembrance known as Yom Ha Shoah, Monday, April 24, 2017. NOW, THEWOM I, Quentin Hart, Mayor of the City of Waterloo, Iowa, do hereby proclaim the week of Sunday, April 23 through Sunday, April 30, 2017, as DAYS OF HI$f NCE in memory of the victims of the Holocaust, and in honor of the survivors, as well as the rescuers and liberators, and further proclaim that we, as citizens of the City of Waterloo, should strive to promote human dignity and confront hate whenever and wherever it occurs. IN VIT MM IVIMUM, I have hereunto set my hand and caused the official seal of the City of Waterloo to be affixed this 17th day of April 2017. ATTEST: Vd- 4Fel, Kelleye CiC Quentin Hart Mayor CITY OF WATERLOO Council Communication Proclamation declaring April 17-23, 2017 as National Community Development Week City Council Meeting: 4/17/2017 Prepared: 4/4/2017 REVIEWERS: Department Mayor Office Clerk Office Reviewer Westphal, Michelle Even, LeAnn ATTACHMENTS: Description D CD Week Proclamation Submitted by: Action Approved Approved Type Cover Memo Submitted By: Mayor Quentin Hart Date 4/4/2017 - 2:41 PM 4/5/2017 - 9:57 AM Page 17 of 149 CITY OF WATEnoo, ioWA PROCLAMATION WHEREAS, the week of April 17 through April 23, 2017, has been designated as National Community Development Week by the National Community Development Association to celebrate the Community Development Block Grant (CDBG) Program and the HOME Investment Partnerships (HOME) Program; and WHEREAS, the Community Development Block Grant Program provides annual funding ]NOW, THEREFORE BE ff RMLVtD that the City of Waterloo, Iowa, designates the week of April 17 through April 23, 2017, as NATIONAL COMMUNITY DEVELOPMENT WkEK in support of these two valuable programs that have made tremendous contributions to the viability of the housing stock, infrastructure, public services, and economic vitality of our community. BE IT FURTHER RESOLVtD that this community urges Congress and the Administration to recognize the outstanding work being done locally and nationally by the Community Development Block Grant Program and the HOME Investment Partnerships Program by supporting increased funding for both in FY 2018. IN 1 hMESS WkMOF, I have hereunto set my hand and caused the official seal of the City of Waterloo, Iowa, to be affixed this 17th day of April 2017. ATTEST: 0� Kelley Fele e City Clerk Q [ :�= - Quentin Hart Mayor and flexibility to local communities to provide decent, safe and sanitary housing, a suitable living environment and economic opportunities to low - and moderate -income people; and WHERtEAS, the HOME Investment Partnerships (HOME) Program provides funding to local communities to create decent, safe, affordable housing opportunities for low-income persons. Nationally, over one million units of affordable housing have been completed using HOME funds; and WHYS, over the past five years, our community has received a total of $8,771,719 in CDBG funds and $3,678.695 in HOME Funds; and WHEREAS, the following activities have been funded: Grand Crossing Multi -Family, Housing Rehabilitation, Neighborhood Revitalization, Emergency Repairs, Homebuyer Down Payment Assistance, New Construction, Boys and Girls Club, Salvation Army Homeless Shelters, YWCA, Habitat for Humanity, Operation Threshold, Rental Housing, Neighborhood Services, Fair Housing Outreach, Wheel Chair Ramps, Northeast Iowa Food Bank, Tenant Based Rental Assistance, Foreclosure and Credit Counseling Programs, Weatherization Programs, House of Hope, Basic Needs and Transportation through Eye of the Needle, Pathways Behavioral Services, Clearance and Demolition. ]NOW, THEREFORE BE ff RMLVtD that the City of Waterloo, Iowa, designates the week of April 17 through April 23, 2017, as NATIONAL COMMUNITY DEVELOPMENT WkEK in support of these two valuable programs that have made tremendous contributions to the viability of the housing stock, infrastructure, public services, and economic vitality of our community. BE IT FURTHER RESOLVtD that this community urges Congress and the Administration to recognize the outstanding work being done locally and nationally by the Community Development Block Grant Program and the HOME Investment Partnerships Program by supporting increased funding for both in FY 2018. IN 1 hMESS WkMOF, I have hereunto set my hand and caused the official seal of the City of Waterloo, Iowa, to be affixed this 17th day of April 2017. ATTEST: 0� Kelley Fele e City Clerk Q [ :�= - Quentin Hart Mayor CITY OF WATERLOO Council Communication Resolution setting date of public hearing for April 24, 2017, to approve the request by Tim Moyer to purchase city -owned property, located at 1330 Scott Avenue, in the amount of $28,000, approve development agreement and direct the City Clerk to publish said notice. City Council Meeting: 4/17/2017 Prepared: 4/5/2017 REVIEWERS: Department Reviewer Action Date Planning & Zoning Even, LeAnn Approved 4/12/2017 - 4:37 PM Clerk Office Even, LeAnn Approved 4/12/2017 - 4:37 PM ATTACHMENTS: Description Type D Detailed Property Report/Aerial Photo Cover Memo D Tim Moyer Bid Application Cover Memo D Brian Mueller Bid Application Cover Memo Wilson Assets, LLC Bid Application Cover Memo Nicole Cook Bid Application Cover Memo D Don Lubbert Bid Application Cover Memo ❑ Dave Folkers Bid application Cover Memo ❑ Bid Tab Cover Memo Resolution setting date of public hearingfor or April 24, 2017, to approve the SUBJECT: request by Tim Moyer to purchase city -owned propeU located at 1330 Scott Avenue, in the amount of $28,000, approve development agreement and direct the City Clerk to publish said notice. Submitted by: Submitted By: Noel Anders on -C ommunity Planning and Development Director Recommended Action: Recommendation of approval. The property at 1330 Scott Avenue was acquired through Iowa Code 657A in 2016. The property is in reasonably good shape considering it was vacant for approximately five years. The city received 6 bids for the property that were opened on Thursday March 16 at 1 pm in the first floor conference room (see Summary Statement: attached bid tab).The highest bid received was from Tim Moyer Chief Electrical Inspector for the City of Waterloo.The bids were reviewed by Community Development and Planning Staff and recommend the approval of the request to purchase with Development agreement allowing 12 months to complete. Expenditure Required: N/A Page 19 of 149 Source of Funds: N/A Policy Issue: Sale of City owned Property/Dilapidated Housing. Alternative: Demolish and maintain. Page 20 of 149 4/5/2017 Printable Map Output Black Hawk County Parcel Map Parcel ID: 913-28-151-020 Deed Holder: ITY OF WATERLOG? Parcel Address: 1330 SCOTT AV, WATERLOO, IA 50701 Legend S.Mc d p.—IdH IVEY . Ir „- .. b _ Y - .osenam. Hasp°w H.1 Phoma 11pu! slack Hark Co. A"Im- park. 'M1 � _� � . • I' r ' r � r . r T—hips I��•--•• I ^ W».r n { lP I �Y My Ll My ll raaetllm r M.araa .: a I '. mak. I I: [• I 77, 41 �j i �'. l _ r a 1 A1�Pcrcalc�wlh4rcros Cap}Tight{c 1N2.2031 EGNI Inc. Q oo [ IHawk County, Iowa Map Disclaimer: This map does not represent a survey. No liability is assumed for the 16 East 5th Street accuracy of the data delineated herein, either expressed or implied by Black Hawk County, aterloo, Iowa 50703.4774 he Black Hawk County Assessor or their employees. This map is compiled from official hone: (319)833-3002 ecords, including plats, surveys, recorded deeds, and contracts, and only contains ax: (319) 833-3070 nformation required for local government purposes. See the recorded documents for more -mail: auditor(cDoo.t)lack41awk.ia.uF,.oLq Jetailed legal information. Page 21 of 14p1 ASSESSED VALUES/CREDITS 00% Land Multi -Residential Land `alue 17,970 Military Homestead DiE :redi#s Exemt) redit re ass Dwelling Buil 90,900 10 Veteran Property Tax Relief Credit http:/lwww2.co.black-hawk.i a.uslwebsitetbhm aptbhRepDet.asp?apn=891328151020 :ultural Family Farm it Credit Page 22 of 1 4/5/2017 Black Hawk County Detailed Parcel Report -Residential Land ue 110.015 10 150.662 10 160.677 LEGAL BLACK HAWK SUBDIVISION LOT 19 LAND DWELLING CHARACTERISTICS GARAGES BASEMENT STALLS Built IStvie Width (Length (Area (Basement IQtrs Over (Area IAC II None 1969 IDet Frame YARD EXTRAS http://Www2.co.black-hawk.ie.us/website/bhmaplbhRepDet,asp?apn=891328151020 Page 23 of 14 4/5/2017 i Black Hawk County Detailed Parcel Report iS B FR (MA1N) 24 [912] 36 8 1S FR OR 23 [ f94] _-'--- --------------- --- ------------------------------ --- - - Date Website Last Updated 04(0412017 http://www2.co.black-hawk-ia-usANebsite4bhmapibhRepDet.asp?apn=891328151020 Page 24 of 1493 Black Hawk County Detailed Parcel Report iS B FR (MA1N) 24 [912] 36 8 1S FR OR 23 [ f94] _-'--- --------------- --- ------------------------------ --- - - Date Website Last Updated 04(0412017 http://www2.co.black-hawk-ia-usANebsite4bhmapibhRepDet.asp?apn=891328151020 Page 24 of 1493 City of Waterloo Property Bid Sheet Property to be bid upon: 2330 Scott Avenue Name in which property would be transferred: I / (%- Name of bidder: f�'t Address of bidder: q�j/ Gi���•' _0-701 Phone & Fax number of bidder: My offer for property being bid upon:5'� - $1,000.00 earnest fee: µfNGC�OS(1 (Note: this amount is refundable for unsuccessful bidders, The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties.) Brief Description of intended Improvements: 1101061� Furthermore, I understand the zoning designation of the property and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of twelve (12) Months. 1 / / 'M Lp��� - Signature of applicant/ tidder -3 — (� —f Date * Please Place this sheet at the beginning of your bid packet when submitting to the Clerk's office. Page 25 of 149 Chris Western 715 Mulberry St Waterloo, Iowa 50703 RE: 1330 Scott Avenue Chris, March 8, 2017 I am submitting a proposal for the purchase and the renovation of 1330 Scott Avenue. Once completed, I intend to sell the property to a potential homeowner. I will be the sole investor. I will obtain all of the necessary permits and inspections for the remodeling work. Any electrical, plumbing or HVAC work will be perform by a licensed contractor for each trade. These contractors will obtain the necessary permits and inspections for their work. I have purchased and renovated two other homes in the past for resale. The first home was at 61$ Hanna Blvd. I purchased this home in February of 2010. 1 finished off the basement including a living area and a bedroom, installed all new floor coverings, painted the interior of the dwelling, installed new countertops, installed a new garage door, and installed new vinyl siding on the garage. I listed the home in July of 2010 and had an accepted offer within one week of the listing. The second home was at 3025 Bethel St. I purchased this home in May of 2011. 1 finished off the basement including a bedroom bathroom and living area, installed all new floor coverings, painted the interior of the dwelling, installed several new windows, remodeled the bathroom, and made landscaping improvements. I listed this home in February of 2012 and had an accepted offer within 3 weeks of the listing. 1330 Scott Avenue needs a number of items addressed before the property would be available for sale. I purpose to perform the following work: • Remove and replace the concrete driveway form the garage to the city sidewalk. The existing concrete is heaved and sloped towards the house allowing water to enter the basement. • Remove and replace the existing asphalt shingles. The existing shingles are starting to curl showing the need for replacement. • Remove the dilapidated screen room from the side of the garage and dispose of. • Install two new overhead garage doors including new operators and a new exterior service door on the garage. • Install two new exterior entry doors to the dwelling. • Remove the existing damage faux stone siding on the front of the dwelling and replace with a stone laminate. • Replace the existing front steps and the existing side steps with new. • Repair the existing guard rail around the front porch. • Install a new high efficiency gas furnace. • Install a new water heater. • Install a new 100 amp electrical service with a new electrical breaker box. • Renovate the kitchen to include new oak cabinets, dishwasher, countertop, sink, recessed can lighting, and ceramic the flooring. • Renovate the bathroom to include a new tub/shower, vanity, toilet, countertop, sink, exhaust fan, lighting and ceramic the flooring. • Remove the remaining millwork from the first floor and replace with new oak doors and trim. A lot of the existing trim and doors are either missing or damaged beyond repair. • Install new carpet in the remainder of the first floor of the dwelling. Page 26 of 149 • Install all new electrical receptacles, switches, and light fixtures thru out the dwelling. • Install new paint on the ceiling and walls on the first floor of the dwelling.. Remove all of the non -code compliant rooms in the basement and paint exterior block walls. This basement does not have proper egress and should not have any finished bedrooms in the basement without proper egress. I feel I can complete this project and have the property ready for a new owner within eight months of purchasing the property. Thank you for considering my proposal for 1330 Scott Avenue. nl�. ejly, Tim Moyer Page 27 of 149 319-553-3847 • www.uiccu.org 3409 Cedar Heights Drive, Cedar Falls, IA 50613 February 91h, 2017 To Whom It May Concern: Timothy Moyer has been a member in good standing with us since April of 2012. He has the ability to finance the total amount needed to purchase and renovate 1330 Scott Ave. you need anything further please feet free to reach out me directly. ,OA AA -W-) Van Dee Account Executive���„� e� z1�- ��3 lINNMffV OF0M COMMUNt'fYGREW UNION Page 28 of 149 City of Waterloo Property Sid Sheet Property to be bid upon: 1330 Scott Avenue (� Name in which property would be transferred: 1C�;✓► M Ue Uhf Name of bidder: Address of bidder: Phone & Fax number of bidder: My offer for property being bid upon: 'Z f 000 $1,000.00 earnest fee: U (Note: this amount is refunds le fox unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties.) Furthermore, I understand the zoning designation of the property and building code requirements that I am bound by this designation for my use of property. Note: The successful budder will be required to sign a Development Agreement binding them to the specified completion deadline of twelve (12) Months. Signature of applicant/ bidder Date * Please Place this sheet at the beginning of your bid packet when submitting to the Clerk's office. Page 29 of 149 Duchene Insurance ■ / A Member of Peoples Insurance Agency 1601 University Avenue, Waterloo, IA 50701 Phone: 319-433-1098 • Fax: 319-433-1099 To: Brian Mueller Subject: Performance Bond Per our discussion, you will be able to obtain a performance bond for $10,000.00 from Merchants Bonding Company. The cost forthe bone is $250.00. Let me know if you get the bid and we will make application. Sincerely, 14 David Duchene Duchene/Peoples Insurance Peoples Insurance Agency's future depends on .how well we take care of each of our customers. A day at a time, a customer at a time. A policy at a time. We strive for excellence in all Regla.30 of 149 Bryan Mueller 1801 Sager Ave Waterloo, IA 50701 319-230-6029 March 14, 2017 Dear City of Waterloo, I have lived in the Cedar Valley most of my life. 1 have owned property in Waterloo for over 15 years. i have worked in the construction industry for 20 years, and have been a self employed drywall contractor for the past 10 years. I live 2 blocks away from the house at 1330 Scott Ave. I would like to fix it up and sell it to a potential home owner. 1 have experience in but not limited to carpentry, flooring, plumbing, electrical, painting, drywall, and installing windows. Thank you for your consideration. Sincerely, Bryan Mueller Page 31 of 149 To whomever it may concern, Bryan Mueller has three Certificates of Deposits and 1 Checking account with us. In total his assets here total to be $75,084.37. If you have any questions you may give me a call, my number is 319-553-3847. Thanks, Madison Hofstadter Financial Service Representative Cedar Falls, Iowa 0 City of Waterloo Property Bid Sheet Property to be bid upon: 1330 Scott Avenue Name in which property would be transferred: w i t--soN ASsETS, i--%-C- Name of bidder: ".kt-j VV I I-sv o Address of bidder: OfDv A +- P + N � © r . 1A 5-07-2, Phone & Fax number of bidder: :� t R -- 231 - 455 -Li / r My offer for property being bid upon:. -6 V5.1 0'0o $1,000.00 earnest fee: i "c-L--%.DOV (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties.) Brief Description of intended Improvements: CVC ^jTA C.F4Gp PP -o P Q C-�A tr Furthermore, I understand the zoning designation of the property and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding there to the specified completion deadline of twelve (12) Months. Si ure of applicant/ bidder Date Please Place this sheet at the beginning of your bid packet when submitting to the Clerk's office. Page 33 of 149 Bid Proposal for 1330 Scott Ave. This is a proposal by Ryan Wilson of Wilson Assets, LLC to purchase and repair the property on 1330 Scott Avenue. Born and raised in Waterloo, I'm the current General Manager at Maple Lanes in Waterloo where I have been employed for 10 years. In February of last year I took on the opportunity to purchase 3 rental properties (2 duplexes and 1 house) in Waterloo. Real Estate is something I have always wanted to get involved in along with development in the community and pursuing my real estate license. Purchasing these properties has given me the confidence I needed to enter this field and I'm hoping the redevelopment of this property will be the next big step towards community development and becoming a realtor. One of my fellow bowlers and good friend Jason Strelow of Berkshire Hathaway Home Services has offered to help me pursue this dream and guide me along this path. As a successful Realtor and property owner he has promised his full support in helping me purchase this property and get it fixed up and listed on the market once it is completed. I plan to hire local businesses and contractors to make this property one of the nicest in the neighborhood and I have the financial approval and support from Veridian Credit Union to finance the project. Brief description of intended improvements: - Pour a netiv driveway starting at approach to garage (Roger Smith Construction) - Fix collapsing foundation next to driveway and side entrance (Roger Smith Construction) - Dig and add egress window for basement bedroom eligibility (Concept to Creation, LLC) - Replace current siding with CertainTeed Double T' vinyl siding and lower front with Green Lake Weatheredge Cast Natural Stone (Concept to Creation, LLC) - Replace/repair roof with Owens Corning Oakridge Shingles (Vasquez Roofing) - Stain front porch and replace missing pickets - Replace garage doors with Pella Carriage House Series (Christie Door) - Replace front and side doors with Mastercraft Exterior doors and Larson storm doors - Replace all interior doors with Mastercraft prehung interior doors and matching trim - Remodel kitchen and replace with Ontario White Kitchen Cabinets and Quartz Counter Tops (Concept to Creation, LLC) - RemodeI bathroom with new vanity and cabinet, new floor and shower file (Concept to Creation, LLC) - Replace basement furnace with Lennox or Goodman unit (Young Plumbing and Heating) - Frame and drywall basement walls sectioning off utility area and creating finished living room and 3`d bedroom (Concept to Creation, LLC) - Replace drywall when needed throughout house and finish with orange peel texture and fresh paint - All necessary electrical work will be contracted through Nelson Electric - Landscape around the house with block, Mississippi river rock and hostas - Trim large tree in front yard and replant grass seed Page 34 of 149 Current properties owned by Wilson Assets, LLC: 2720-2722 Ragley Dr. Waterloo, IA 50701 Duplex located in Westdale Addition with both units occupied. No violations or complaints.. Improvements made: -New roof -Removed all overgrown shrubs and bushes and replaced with landscaping block, Mississippi river rock and hostas. Before After Page 35 of 149 1321-1323 Minnesota St. Waterloo, IA 50702 Duplex located in Pleasant View Addition with both units occupied. No violations or complaints. Improvements made: -Removed all overgrown shrubs and bushes and replaced with landscaping block and hostas. -Removed set of rotten steps made from railroad ties and replaced -Hired tree trimmer to prune large overhanging Maple tree -Paint -Updated appliances -Repainted both exterior doors and replaced storm doors to match Before After Page 36 of 149 934 Easton Ave. Waterloo, IA 50702 Single family unit located in Lincoln Heights Addition and occupied. No violations or complaints. Improvements made: -Trimmed bushes along driveway and large trees in backyard -Paint -Updated appliances Before After Page 37 of 149 Current home owned and occupied by Ryan Wilson family: 600 Alpine Dr. Waterloo, IA 50702 Single family home located in Parkview Addition and lived in since 2008. No violations or complaints. Improvements made: -New interior carpet, paint and appliances in 2008 -New windows in 2013 --Backyard landscaped with block and hostas in 2014 --Replaced deck in 2015 -Repainted exterior and removed bushes in 2016 Before After Page 38 of 149 • M n6 credit union March 16, 2017 Ryan C. Wilson 600 Alpine Drive Waterloo, IA 50702 Re: Prequalification Dear Ryan: Please accept this letter on behalf of Verldian Credit Union. You have been prequalified for a loan to purchase a property located at 1330 Scott Ave, Waterloo, Iowa. Final loan approval is subject to properly appraisal, approved rehabilitation budget, satisfactory lender's underwriting, clear title and insurance in place at or prior to closing. If you need further information, please let me know. Thai. o t ' tr Steve Lindaman Veridian Credit Union P.O. Box 8000 1927 Anaborough Ave. Waterloo, !A 5D704-8000 800.235.3228 www.verldiancu.org Federally insured by NCUA. Equal Housing Lender. Page 39 of 149 City of Waterloo Property Bid Sheet Property to be bid upon: 1330 Scott Avenue 1 Name in which property would be transferred: Name of bidder: Address of bidder: _ (; � r �fnk I '( : ��1 411 Phone & Fax number of bidder`. >iL') I (D � ���81 My offer for property being bid upon: $1,000.00 earnest fee: (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties.) Brief Description of intended r. __. , . , _ Furthermore, I understand the zoning designation of the property and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of twelve (12) Month . It Si re of app scant/ bidder Date * Please Place this sheet at the beginning of your bid packet when submitting to the Clerk's office. Page 40 of 149 Proposal 1/27/17 To whom it may concern: My intentions for the property on 1330 Scott Avenue would be to renovate the place to city standards and then sell the property as home owner occupied status. The items that need to be renovated per my first viewing include, the garage that needs to be cleaned out, I need to fix eaves troughs. Some of the doors in the house need to be replaced, walls need repaired as well as the floors, not to mention a lot of clean up with be involved. This renovation will not take more than 6 months. Estimated cost to repair place, $12,000. Please let me know if you have any additional questions regarding this proposal, my earnest fee is attached. Thanks Nicole Cook Page 41 of 149 FEB.24.2017 3:12PM WATERLOO BLD INSP 319-291-4262 City of Waterloo Property Bid Sheet M 6236 P. 7 Property to be bid upon: 1530 Scott ,Avenue hick property would be transferred; Name �n w p p ty Name of Address of bidder; '7pl Phone & Fax number of bidder: ° �% cae-3i 267 r S7a 13 offer ,four proper y bein§ bid upon A . I P 7 �"� . #0���+ — , :7 $1,000.00 earnest fee; (Note: this aznount is refundable for unsuccessful bidders. The fee will not,be refunded far successful bidders who withdraw their offer. Also, it is required that the earnest fee be paid per property if bidding on multiple properties) Brief Description of intended Improv'ernents Furthermore, I understand the zoning designation of the property and building code requirements that I am bound by this designation for any use of property. Note: The successful bidder will be required to sign a Development Agreement binding thein to the specified cortipl.etion deadline of twelve (12) Months. <3//I.L7-- o Sigz�atuxe of applicant/ bidder Date * Please Place this sheet at the beginning of your laid packet when submitting to the Cleric's office. Page 42 of 149 City of Waterloo Chris Western Community Planning & Development department 715 Mulberry Street -City Hall Waterloo, Iowa 50703 319-291-4366 March 6, 2017 Dear Mr. Western: Don and Connic Lubbert are interested in putting in a bid on the property at 1330 Scott .Avenue. We are writing this letter to fulfill the submission requirements as stated in the Request for Development Proposal from the City of Waterloo. Proposed use: It is our plan to rehabilitate this property far general sale to any one interested in purchasing it. It shall remain as a single family dwelling as it has been. Site Development: We will rehabilitate the landscaping with plants and shrubs in front of the current deck area as on drawing The corners of fine foundation are split and need to be dug up and repaired to stop leaks, or if necessary dig up the whole foundation and waterproof it. We may have to rebuild the corners; it will remain to be seen once we get it dug up. The front deck needs to have the top boards replaced, the lattice removed and replaced with a more modern wooden base. The railing also needs updating with a white plastic fence, new steps, and new posts. We will install a new front and back door, new double 4" siding either in a dark clay or dark gray on house and garage. The siding will include white new soflits and facia, with new gutters across the front of the house. The trim will either be painted white or replaced. The garage will have the center post removed and a new door installed, either a 16' x 7' steel insulated door or an 18' door. There is also a garage window needing replacing. We will evaluate the lean-to on the side of the garage to assess whether to take it off or repair it. The walk-in door on the garage may be replaced or painted as needed. The driveway needs to be replaced, at least from the crack just at the back of the house where it is sinking, to the city walk and approach that is still in decent condition. The back steps will also have to be replaced because they are sitting on the driveway. The corners on this side are also cracked and need to be fixed. On the interior of the house, the floors may be hardwood. We did see oak flooring in one bedroom. If this runs throughout, we will sand and refinish the floors. The house needs to be cleaned and sanitized, then possibly retextured, then all rooms need to be repainted. The kitchen needs to have new doors on cabinets, new flooring, and possibly new counter tops and sink. The saline applies to the bathroom as to the flooring, vanity, and sink. Depending on availability, we will try to locate new doors for cabinets or existing ones and Page 43 of 149 refinish them. The basement was more difficult to assess. I am not sure if the sheet rock was in good shape at the bottom or if the bottom two feet will need to be replaced. The wiring will have to be inspected first before we decide what must be done to bring it up to code. We will texture and paint the walls in the basement. We may have to install two egress windows downstairs and make one room a living area instead of a bedroom. Financial Capacity/Project Team: We will be working with Veridian Credit Union for our financing of this project. I am already licensed, bonded, and insured with the city. I have been working in construction in this city for over 45 years, as an employee and as a business owner of Lubbert Masonry, Inc. for the last 27 years. In all those years, I have finished all the jobs that I have worked on personally and all those jobs that my business has taken on. To date I am not aware of any problems with our work or complaints about our work. Donald Lubbert 1309 Garden Ave. Waterloo Ia. 319-269-5728 We would start as soon as possible, to clean out the house and repair foundation. Have the house sanitized walls cleaned etc. Have inspections done to find out what needs repairing /replaced, to meet code. Sincerely your, Donald E. Lubbert & Connie Lubbert 1309 Garden Ave. Waterloo, Iowa 50701 319-234-4845 / 319-269-5728 Page 44 of 149 WA 'A . I C,dvk)" g - ---- — jfl C7 WA 'A . I C,dvk)" g - ---- — jfl C, u L/46 COiIV-R &)91--7 xA Page 45 of 149 rri St - Page 46 of 149 City of Waterloo Property Bid Sheet 13.30 sc,.# A Property to be bid upon: Vacant properly generally described as address Name in which property would be transferred:�en v r c� FO' I/ C�- Name of bidder: D' -4'J Address of bidder: 32-o 7 5 Phone & Fax number of bidder: 31 ? - �2 ` o - ?(,s4 My offer for property being bid upon:_ , -l' �r oc" $1,000.00 earnest fee: C c,44, j e - G. k q fg c. 4c J (Note: this amount is refundable for unsuccessful bidders. The fee will not be refunded for successful bidders who withdraw their offer. Also, it is required that the earliest fee be paid per property if bidding oar multiple properties.) Brief Description of intended Improvements: few ca. h r���r [ n.1,� n /� .ice d.f+ ,','.s . PC- —fA,'[.UA4 [�cJ�. J/a.Y e- 'Q'OC.".k 1AU'd-F Orli �C [31CC�+ n — Furthermore, I understand the zoning designation of the property and building code requirements that I am bound by this designation for my use of property. Note: The successful bidder will be required to sign a Development Agreement binding them to the specified completion deadline of twelve (12) Months. — U.'O ') / I L / 1-7 Signature of applicant/ bidder Date * Please Place this sheet at the beginning of your bid packet when submitting to Clerks office. Page 47 of 149 CITY OF WATERLOO, IOWA Address of Property The City of Waterloo, Iowa., is inviting proposals for the sale and development of property located at Address. 1330 ,S`cv 0 Av-e The following information details the criteria for submitting a bid for the development of this parcel. Any questions regarding the criteria should be directed to the Community Planning & Development Department for the City of Waterloo. Community Planning & Development Department 715 Mulberry Street - City Hall Waterloo, Iowa 50703 319.291.4366 Page 48 of 149 STATEMENT OF INTENT T11e City of Waterloo, Iowa, desires to actively assist the private sector in developing this property. The City is offering the following property for development: Address 13 3c' -SL c, 41 �uL The City intends to allow prospective developers to compete for the acquisition and rehabilitation of this property on the basis of the quality of development as well as price. SUBMISSION REQUIREMENTS Proposals must be submitted in narrative form and be accompanied by legible drawings in order for additional copies to be made. Proposals must also address each of the items listed herein. An offer to bid form is also enclosed with this packet that must be filled out with purchase information. Proposals will be reviewed by the Dilapidated Housing Committee and reported as to how the proposals fit the criteria established within this RPP. The proposal will then be sent to the Building & Grounds Committee for review and recommendation, and ultimately a public hearing will be held by the City Council to consider the recommendation. The City reserves the right to reject any and all proposals and to waive informalities in any proposal. PROPOSALS MUST ADDRESS EACH OF THE FOLLOWING: 1. Proposed Use The proposed development site is zoned " " District. The proposed use must meet all zoning requirements for a Principal Permitted Use in the " " District. Intended use following rehabilitation of property must be identified as one of the following categories: • Home owner occupied • Rental • Sale to potential home owner • General sale to any and all interested purchasers 2. Site Development The City feels that the aesthetic treatment of the rehabilitation is extremely important. Therefore, a detailed landscaping plan and Page 49 of 149 construction plan including siding material, accessory structures, etc. must be submitted with proposal. All properties sold shall be rehabilitated as Single-family homes regardless of Zoning District that the property is in. Howeyer� property that was originally built as a duplex or Multi Family structure and/or was legally established at a later date may be rehabilitated as such. Materials Used in Construction Materials must be of good quality and, in visual appearance, match existing woodwork through out house. For example, crown molding or door/window trim must have the same appearance and finish as existing molding or trim, unless all molding or trim in a room is replaced. 3. Financial Capacity The proposed developer must provide evidence of financial ability to timely commence and complete the project. This information shall be kept confidential and may be by letter of intent from bank for financing or other similar documentation. As security for completion of the project, the Developer will be required to post a performance bond in the sum of $10,000 per property, in form acceptable to the City, or place $10,000 dollars per property in a non-interest bearing escrow account with the Law office of Clark, Butler, Walsh, and Hamann. If the project is not completed and either the structure(s) have to be demolished or the project has to be completed by the City, then the City may, as appropriate, enforce the bond or use the per -property escrowed sum to defray the actual costs and expenses incurred by the City. As to escrowed funds, the Developer may request, at a rate of not more than $10,000 per home, a full reimbursement of such funds as (a) each home is completed in accordance with the terms and conditions of the development agreement, (b) the home has passed the 12 month inspection, and (c) an occupancy permit has been acquired. In addition, the Developer must submit with its bid proposal a certified check or money order in the amount of $1,000 per property as earnest money for the purchase: Earnest money will be included in the purchase price at closing. Page 50 of 149 Project Team The proposal must list the names, addresses, and daytime phone numbers of the persons with a financial interest in the project. The proposal shall also include any relevant experience that demonstrates the ability to complete this project. 5. Timetable The development project must commence construction within three (3) months and be completed within twelve (12) months from the date of possession. If, after transfer of the property by the City to developer, construction is not commencing in accordance with the attached schedule as described, the title to the real estate will revert to City of Waterloo, free of any liens, encumbrances, etc. against said property. Developer agrees to sign all necessary documents for said reversion. I£ construction is not completed, at the end of twelve (12) months, but the development of the project is still imminent, the City Council may but shall not be required to grant an extension of time for the rehabilitation of the building. b. Bid Price The City of Waterloo has determined, that the minimum bid value of this property is: $5,000 However, once the minimum bid price of $5,000 is met, theritapi criteria shall be the quality and type of the construction rather than the purchase price. NOTES: A site plan, including landscaping and a perspective complete list of intended construction and improvements must be included with the narrative proposal. All properties sold shall be rehabilitated as Single-family homes regardless of Zoning District that the property is in. However, a proper that was originally built as a duplex or Multi Famil structure and/or was legally established at a later date may be rehabilitated as such. The enclosed Offer form included therein must also be submitted with the narrative proposal. An earnest fee of $1,000.00 per property is also needed with the Offer to Buy form. Page 51 of 149 Review Criteria The categories to be used in evaluating the proposals include but are not limited to the following: 1.) Proposed Land Use (Proposed construction will be reviewed for their compatibility and appropriateness for site. 2.) Qualily of Proposed Development (Probable assessed value of any proposed new structures (ie: garage) and improvements will be weighed with offering price to determine full impact of community benefits: offer price + taxes paid). I) Architectural and Aesthetic Design Considerations (Design considerations ie: windows, siding, site layout, driveway (gravel or paved), and accessory structures). 4.) Price (While the price will not be sole determining factor, it will be an important part of the equation, in conjunction with other criteria, to assure the City as whole they are serving the citizenry in a fair and beneficial manner). 5.) Homeownership is a priority to the City of Waterloo; therefore any bidders that plan to live in the property after rehabilitation is complete or sell to homeowner will be scored higher. Page 52 of 149 Date Dear interested developer: The City of Waterloo's Dilapidated Housing Committee has successfully been awarded Address by the Courts through Iowa Code 657A, which grants cities the power to take possession of dilapidated and abandoned homes. It is now our intentions to sell 1330 Se -,O 4,k; -as it is has been deemed sound enough for rehabilitation and put back on the tax rolls. Details of the property are as follows: • _ A i�sq. ft. Two Dwelling Unit Structure • Current Assessed Value is • Lot size is 8 71--. sq. ft. The City has set an "As is" minimum bid price of $5,000 and a $1,000 earnest fee per property. Attached to this letter you will find a Request for Development Proposal packet relating to the sale of Address 133CI-5 .-� A r property the City of Waterloo acquired as a part of the Dilapidated Housing Committee efforts. I have also attached a detailed report Froin the Black Hawk County on line website with further details of the property. I would ask that you review the packet and submit the appropriate information in accordance with your development plans for the site. Please note that the reason for the Development Proposal packet is to rehabilitate the property in a way that that is permitted within the zoning district and Land Use Plan for the area, as well as promoting positive development for the City of Waterloo as a whole. Compatibility with the nearby neighborhood and other surrounding uses will also be a key component of the development. The property is currently zoned " " District. I p,a, -31iLI t7 Proposals are due by tine and date to the City Clerks office 151 floor City Hall. If you should have any questions or need any additional information regarding this matter, please do not hesitate to contact our office and ask for me at 319.291.4366. Thank you for your cooperation in advance and thank you for your interest in the City of Waterloo. Sincerely, Chris Western Planner II Cc: Noel Anderson, Director REQUEST FOR DEVELOPMENT PROPOSAL Page 53 of 149 DOGUSign Envelope ID: EOC4C7EF-E863-48EF-B395-59536D1B8CF2 DEERE EMPLOYEES 309 -f43 -1O00 39 CREDIT UNION �ollne,Lay Fwa0033FS431 Rloline, IL 61466-0339 rax 3D9�743�SD5D DeereEerp"y a Cr 4 U-110,rtrrae r Fl We 0 Deere h Ce ­p Aho thea IlmlNu. Deese tmelejB r%M I W91 'a W e01—se WHiDled N rpn w4v wM JoC & rcap„ry a, J ute, ether 11" W-,9 liwnretl ra use'Deeie' In h coryenre nnn.e. 11 b a, inae�entlewi trod!! unFcn wW1, oe by ire maniben ertl strailx,.tl urger the Wxe m FTa slnN W dbaic- 10MUM-01 Lt Loan and Security Agreements and Disclosure Statement ✓ FIXED RATE LOAN DATE LOAN NUMBER ACCOUNT NUMBER GROUP POLICY NUMBER MATURITY DATE VARIABLE RATE 03/07/2017 01 0005033100 012-0737-8 07/15/2021 BORROWER 1 BORROWER 2 NAME AND ADDRESS NAME (AND ADDRESS IF DIFFERENT FROM BORROWER 1) David D Folkerts 3209 115th St Buckingham, IA 50612 TRUTH IN LENDING DISCLOSURE bel means an estimate ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments Total Sale Price The cost of your credit as a yearly rate. The dollar amount the The amount of credit The amount you will have The total cost of your purchase on credit is credit will cost you. provided to you or on paid after you [rave made $ your behalf. ail payments as scheduled. 3.290% $ 1,059.60 $ 14,300.00 $ 15,359.60 which includes your downpaymenE of 3 Your Payment Schedule Will Be: Prepayment: If you pay off early you will not have to Number of Payments Amount of Payments When Payments Are Due pay a penalty. 51 $ 300.00 Monthly 04,15,2017 Required Deposit: The Annual Percentage Rate does not take Into account your required deposit, if any. 1 $ 59.60 07/15/2021 ✓ Demand:This obligation has a demand feature. All disclosures are based on an assumed maturity of one year. Property Insurance: You may obtain property insurance from anyone you Filing Fees Non -Filing Insurance want that is acceptable to the Credit Union. If you get the insurance from us, you will pay $ 10.00 $ 0.00 Late Charge: If your payment is more than 7 days late, you will be required to pay a late charge of 3% of the payment, with a minimum of $5.00 and a maximum of $10.00 Security: Collateral securing other loans with the Credit Union may also secure this loan. You are giving a security interest in your shares and dividends and, if any, your deposits and interest in the Credit Union; and the property described below: Collateral Property/Model/Make Year I.D. Number Type Value Key Number DODGE RAM 2009 1 D3HV18T69S738631 $ 14,300.00 Other (Describe) Pledge of Shares $ in Account No. $ in Account No. Variable Rate: See your contract documents for any additional information about nonpayment, default, and any required repayment in Full before the scheduled date. SIGNATURES THIS IS A CONSUMER CREDIT TRANSACTION By signing, or otherwise authenticating, as Borrower you agree to the terms of the Loan Agreement. If property is desert ed in the "Security" section of the Truth in Lending Disclosure, you also agree to the terms of the Security Agreement. If you sign, or otherwise authenticate, as "Owner of Property you aree only to the terms of the Security Agreement. NOTICE TO CONSUMER: 1. Do not sign this paper before you read IV 2. You are entitled to a copy of this paper. 3. You may prepay the unpaid balance at any time without penalty and may be entitled to receive a refund of unhat rges in accordance with law. (SEAQ 01/OT/1T X (SEAL) 3ORROWER 1 1) BORROWER 2 DATE X (SEAL) X (SEAL) UOTHER BORROWER A OWNER OF PROPERTY WITNESS DATE OTHER BORROWER OWNER OF PROPERTY n WITNESS DATE Page 1 nF;1R (.ARRJF RMITH Page 54 of 149 Doouftn Envelope ID: EOC4C7EF-E863-46EF-B395-59536D1B8CF2 Credit Union Deere Employees tired€t Union Loan No. 01 Acct. No. 0005033100 Borrower(s) David D Folkerts In this Loan Agreement ("Agreement") all references to "Credit Union," "we," "our," or "us," mean the Credit Union whose name appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "you" or "your" mean each person who signs, or otherwise authenticates, this Agreement as a borrower. 1, PROMISE TO PAY - You promise to pay $14,300.00 to the Credit Union plus interest on the unpaid balance until what you owe has been repaid, For fixed rate loans the interest rate is 3.290 % per year. For variable rate loans the initial interest rate is N/A % per year and will vary as follows: Collection Costs: 2. PAYMENTS - You promise to make payments of the amount and at the time shown in the Truth in Lending Disclosure. If this is a variable rate loan, the Promise to Pay section tells you whether, if the interest rate increases, you will have to make more Mhigher payments, or if the final payment will be a balloon payment. You may prepay any amount without penalty. If you prepay anypart of what you owe, you are still required to make the regularry scheduled payments, unless we have agreed to a change In the payment schedule. Because this Is a simple interest loan, if you do not make payments exactly as scheduled, your final payment may be more or less than the amount of the sinal payment that is disclosed. If you elect voluntary payment protection, we will either include the premium or program fee in your payments or extend the term of your loan. If the term is extended, you will be required to make additional payments of the scheduled amount, until what you owe has been paid. You promise to make all payments to the place we choose. If this loan refinances another loan we have with you, the other loan will be canceled and refinanced as of the date of this loan. Unless otherwise required by law, payments will be applied to amounts owed in the manner we choose. 3. LOAN PROCEEDS BY MAIL - If the proceeds of this loan are mailed to you, interest on this loan begins on the date the loan proceeds are mailed to you. 4. SECURITY FOR LOAN - This Agreement is secured by all property described in the "Security" section of the Truth in Lending Disclosure. Property securing other loans you have with us also secures this loan, unless the property is a dwelling. In addition to your pledge of shares, we may also have what is known as a statutory Fien on all Individual and joint accounts you have with us. A statutory Igen means we have the right under federal law and many state laws to claim an Interest in your accounts. We can enforce a statutory lien against your shares and dividends, and if any, interest and deposits, in all individual and joint accounts you have with us to satisfy any outstanding financial obligation that is due and payable to us. We may exercise our right to enforce this lien without further notice to you, to the extent permitted by law. For all borrowers: You pledge as security for this loan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts you Piave with the Credit Union now and in the future. The statutory lien and/or your pledge will allow us to apply the funds in your account(s) to what you owe when you are in default. The statutory lien and your pldge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security, 5. DEFAULT - You will be in default under this Agreement if you do not make a payment of the amount required Within ten days of the date it is due. You will be in default if you fail to comply with any term of this Agreement and your faiure materially impairs the condition, value or protection oT our rights in any property that is security for this loan or materially impairs your ability to pay amounts due under this Aggreement. 6. ACTIONS AFTER OEFl�ULT - When you are in default and after you have been given any right you have under state law to cure your default, we can require immOdiate payment or the entire unpaid balance under this Agreement. If we demand immediate payment, you will continue to pay interest at the rate provided for in this Agreement, until what ynu awe has been repaid We will also apply against what you owe any shares andlnr deposits given as secunty under th€s Agreement. We ma also exercise any other rights given by law whon you are in default. T. EACH PERSON RESPONSIBLE Each person who siggns, or otherwise authenticates, this Agreement will be €ndivldually and jointly responsible for paying the entire amount owed under this Agreement. This means we can enforce our rights against any one of you individually or against all of you together. a. LATE CHARGE - If you are late in making a payment, you agree to pay the late charge shown in the Truth in Lend€ng Disclosure. If no late charge is shown, you will not be charged one. 9. DELAY IN ENFORCING RIGHTS • We can delay enforcing any of our rights under this Agreement any number of times without losing the ability to exercise our rights later. We can enforce this Agreement aga€nstyour heirs or regal representatives. 14. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 11. NOTICES - Notices will be sent to you at the most recent address you have given us in writing. Notice to any one of you will be notice to all. 12. USE OF ACCOUNT - You promise to use your account for consumer (personal, family or household) purposes, unless the Credit Union gives you written permission to use the account also for aggricultural or commercial purposes, or to purchase real estate. 13. OTHER PROVISIONS - Page 55 of 149 ITEMIZATION OF THE AMOUNT FINANCED Itemization or Amount Financed of Amount Given to You Directly Amount Paid on Your Account Prepaid Finance Charge $14,300.00 $14,300.00 $ 0.00 $ Amounts Paid to Others on Your Behalf: (If an amount is marked with an asterisk (*) we will be retaining a portion of the amount.) $ To $ TO $ To $ To $ To $ To $ To $ TO $ To $ TO $ To $ To $ To $ To In this Loan Agreement ("Agreement") all references to "Credit Union," "we," "our," or "us," mean the Credit Union whose name appears above and anyone to whom the Credit Union assigns or transfers this Agreement. All references to "you" or "your" mean each person who signs, or otherwise authenticates, this Agreement as a borrower. 1, PROMISE TO PAY - You promise to pay $14,300.00 to the Credit Union plus interest on the unpaid balance until what you owe has been repaid, For fixed rate loans the interest rate is 3.290 % per year. For variable rate loans the initial interest rate is N/A % per year and will vary as follows: Collection Costs: 2. PAYMENTS - You promise to make payments of the amount and at the time shown in the Truth in Lending Disclosure. If this is a variable rate loan, the Promise to Pay section tells you whether, if the interest rate increases, you will have to make more Mhigher payments, or if the final payment will be a balloon payment. You may prepay any amount without penalty. If you prepay anypart of what you owe, you are still required to make the regularry scheduled payments, unless we have agreed to a change In the payment schedule. Because this Is a simple interest loan, if you do not make payments exactly as scheduled, your final payment may be more or less than the amount of the sinal payment that is disclosed. If you elect voluntary payment protection, we will either include the premium or program fee in your payments or extend the term of your loan. If the term is extended, you will be required to make additional payments of the scheduled amount, until what you owe has been paid. You promise to make all payments to the place we choose. If this loan refinances another loan we have with you, the other loan will be canceled and refinanced as of the date of this loan. Unless otherwise required by law, payments will be applied to amounts owed in the manner we choose. 3. LOAN PROCEEDS BY MAIL - If the proceeds of this loan are mailed to you, interest on this loan begins on the date the loan proceeds are mailed to you. 4. SECURITY FOR LOAN - This Agreement is secured by all property described in the "Security" section of the Truth in Lending Disclosure. Property securing other loans you have with us also secures this loan, unless the property is a dwelling. In addition to your pledge of shares, we may also have what is known as a statutory Fien on all Individual and joint accounts you have with us. A statutory Igen means we have the right under federal law and many state laws to claim an Interest in your accounts. We can enforce a statutory lien against your shares and dividends, and if any, interest and deposits, in all individual and joint accounts you have with us to satisfy any outstanding financial obligation that is due and payable to us. We may exercise our right to enforce this lien without further notice to you, to the extent permitted by law. For all borrowers: You pledge as security for this loan all shares and dividends and, if any, all deposits and interest in all joint and individual accounts you Piave with the Credit Union now and in the future. The statutory lien and/or your pledge will allow us to apply the funds in your account(s) to what you owe when you are in default. The statutory lien and your pldge do not apply to any Individual Retirement Account or any other account that would lose special tax treatment under state or federal law if given as security, 5. DEFAULT - You will be in default under this Agreement if you do not make a payment of the amount required Within ten days of the date it is due. You will be in default if you fail to comply with any term of this Agreement and your faiure materially impairs the condition, value or protection oT our rights in any property that is security for this loan or materially impairs your ability to pay amounts due under this Aggreement. 6. ACTIONS AFTER OEFl�ULT - When you are in default and after you have been given any right you have under state law to cure your default, we can require immOdiate payment or the entire unpaid balance under this Agreement. If we demand immediate payment, you will continue to pay interest at the rate provided for in this Agreement, until what ynu awe has been repaid We will also apply against what you owe any shares andlnr deposits given as secunty under th€s Agreement. We ma also exercise any other rights given by law whon you are in default. T. EACH PERSON RESPONSIBLE Each person who siggns, or otherwise authenticates, this Agreement will be €ndivldually and jointly responsible for paying the entire amount owed under this Agreement. This means we can enforce our rights against any one of you individually or against all of you together. a. LATE CHARGE - If you are late in making a payment, you agree to pay the late charge shown in the Truth in Lend€ng Disclosure. If no late charge is shown, you will not be charged one. 9. DELAY IN ENFORCING RIGHTS • We can delay enforcing any of our rights under this Agreement any number of times without losing the ability to exercise our rights later. We can enforce this Agreement aga€nstyour heirs or regal representatives. 14. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. 11. NOTICES - Notices will be sent to you at the most recent address you have given us in writing. Notice to any one of you will be notice to all. 12. USE OF ACCOUNT - You promise to use your account for consumer (personal, family or household) purposes, unless the Credit Union gives you written permission to use the account also for aggricultural or commercial purposes, or to purchase real estate. 13. OTHER PROVISIONS - Page 55 of 149 DocuSign Envelope ID: EOC4C7EF-EB63-4BEF-B395-59536D1B8CF2 Credit Union Ueere Lmployees Credit union Loan No. 01 Acct. No. 0005033100 Borrower(s) David D Folke€ts URITY AGREEMENT In this Agreement all references to "Credit Union," "we," .,our" or ,.us" mean the Credit Union whose name appears on this document and anyone to whom the Credit Union assigns or transfers this Agreement. All references to the "Loan" mean the loan described in the Loan Agreement that is part of this document. All references to "you' or "your" mean any person who signs, or otherwise authenticates, this Agreement. 1. THE SECURITY FOR THE LOAN - You give us what is known as a security interest In the property described in the "Security" section of the Truth in Lending Lclosure that is part of this document ("the Property"). The security interest you give includes all accessions. Accessions are things which are attached to or installed in the Property now or in the future. The security interest also Includes any replacements for the Property which you buy within 10 days of the Loan and any extensions, renewals or refinancings of the Loan. It also includes any money you receive from selling the Property or from insurance you have on the Property. If the value of the Property declines, you promise to give us more property as security IF asked to do so. 2. WHAT THE SECURITY INTEREST COVERS/CROSS COLLATERAL PROVISIONS - The security interest secures the Loan and any extensions, renewals or refinancings of the Loan. The security interest also secures any other loans, including any credit card loan, you have now or receive in the future from us and any other amounts you owe us for any reason now or in the future, except any loan secured by your principal dwelling. If the Property is household goods as dofined by the Federal Trade Commission Credit Practices Rule or your principal dwelling, the Property will secure only this Loan and not other loans or amounts you owe us. 3. OWNERSHIP OF THE PROPERTY - You promise that you own the Property or, if this Loan is to buy the Property, you promise you will use the Loan proceeds for that purpose. You promise that no one else has any interest in or claim against the Property that you have not already told us about. Youromise not to sell or lease the Property or to use it as security far a loan with another creditor until the Loan is repaid. You promise you will allow no other security Interest or lien to attach to the Property either by your actions or by operation of law. 4. PROTECTING THE SECURITY INTEREST • If your state issues a title for the Proper% you promise to have our security interest shown on the title. We may have to file what is called a financing statement to protect our security interest from the claims of others. You irrevocably authorize us to execute (on your behalf), if applicable, and file one or more financing, continuation or amendment statements pursuant to the Uniform Commercial Code (UCC) in a form satisfactory to us. You promise to do whatever else we think is necessary to protect our security interest in the Property. You also promise to pay all costs, including but not limited to any attorney fees, we incur in protecting our security interest and rights In the Property, to the extent permitted by applicable law, 5. USE OF PROPERTY - Until the Loan has been paid off, you promise yyou will: (1) Use the Property carefully and keep it in good repair. (2) Obtain our written permission before making mayor changes to the Property or changing the address where the Property is kept. (3) Inform us in writing before changing your address. (4) Allow us to inspect the Property. (5) Promptly notify us if the Property is damaged, stolen or abused. (6) Not use the Property for any unlawful purpose, (7) Not retitle Property in another state without telling us. 6. PROPERTY INSURANCE TAXES AND FEES - You promise to pay all taxes and fees (like registration fees) due on the Property and to keep the Property insured against loss and damage. The amount and coverage of the property insurance must be acceptable to us. You may provide the property insurance through apo you already have, or through a policy you get and pay for. You promise to make the Insurance policy payable to us and to deliver the policy or proof of coverage to us if asked to do so. If you cancel your Insurance and get a refund, we have a right to the refund. If the Property is lost or damaged, we can use the insurance settlement to repair the Property or apply it towards what you owe. You authorize us to endorse any draft or check which may be payable to you in order for us to collect any refund or benefits due under your insurance policy. If you do not pay the taxes or fees on the Property when due or keep it insured, we may pay these obligations, but we are not required to do so. Any money we spend for taxes, fees or insurance will be added to the unpaid balance of the Loan and you will pay interest on those amounts at the same rate you agreed to pay on the Loan. We may receive payments in connection with the insurance from a company which provides the Insurance. We may monitor our loans for the purpose of determining whether you and other borrowers have complied with the insurance requirements of our loan agreements or may engage others to do so. The insurance charge added to the Loan may include (1) the insurance company's Payments to us and (2) the cost of determining compliance with the nsurance requirements. If we add amounts for taxes, fees or insurance to the unpaid balance of the Loan, we may increase your payments to pay the amount added within the term of the insurance or term of the Loan. 7. INSURANCE NOTICE • If you do not purchase the required property insurance, the insurance we may purchase and charge you for will cover only our interest in the Property. The premium for this insurance may be higher because the Insurance company may have given us the right to purchase insurance after uninsured collateral Is lost or damaged. The insurance will not be liability insurance and will not satisfy any state finanalal responsibility or no fault laws. 8. DEFAULT - You will be in default if you break any promise you make or fail to perform any obligation you have under this Agreement. You will be in default If any property you have given us as security is repossessed by someone else, seized under a forfeiture or similar law, or if anything else happens that significantly affects the value of the property or our security interest in it. You will also be In default under this Agreement if the Loan is In default. 9. WHAT HAPPENS IF YOU ARE IN DEFAULT • When you are in default and after you have been given any time you have under state law to cure your default, we may require immediate payment of the outstanding balance of the Loan without giving you advance notice and take possession of the Property. You agree the Credit Union has the right to take possession of the Property without judicial process IF this can be done without breach of the peace. If we ask, you promise to deliver the Property at a time and place we choose. If the property is a motor vehicle or boat, you agree that we may obtain a key or other device necessary to unlock and operate it, when you are in default. We will not be responsible for any other property not covered by this Agreement that you leave inside the Property or that Is attached to the Property. We will try to return that property to you or make it available for you to claim. After we have possession of the Propertyy, we can sell it and apply the money to any amounts you owe us, We will give you notice of an ublic disposition or the date after which a private disposition w!II be held. Our expenses for taking possession of and selling the Property will be deducted from the money received from the sale. Those costs may include the cost of storing the Property, preparing it for sale and attorney's fees to the extent permitted under state law or awarded under the Bankruptcy Code. If you have agreed to pay the Loan, you must pay an amount that remains unpaid after the sale money has been applied to the unpaid balance of the Loan and to what you owe under this Agreement. You agree to pay interest on that amount at the same rate as the Loan until that amount has been paid. 10. DELAY IN ENFORCING RIGHTS AND CHANGES IN THE LOAN - We can delay enforcing any of our rights under this Agreement any number of times without losing the ability to exercise our rights later, We can enforce this Agreement against your heirs or legal representatives. If we change the terms of the Loan, you agree that this Agreement will remain in effect. 11. CONTINUED EFFECTIVENESS - If any part of this Agreement is determined by a court to be unenforceable, the rest will remain in effect. ©The following notice applies 01K when the box at left is marked. 12. NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED PURSUANT HERETO OR WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. 13. OTHER PROVISIONS - Page 56 of 149 Sale of 657A Property located at 1330 Scott Avenue March 16, 2017 Bid Tab Estimate: Bidder Bid Bond Bid Amount Bryan Mueller Check $1,000 $26,000.00 Waterloo, IA Ryan Wilson Check $1,000 $15,000.00 Wilson Assets, LLC Dan Lubbert Check $1,000 $7,752.00 Dave Folkerts Check $1,000 $5,000.00 Buckingham, IA Tim Moyer Check $1,000 $28,000.00 Waterloo, IA Nicole Cook Check $1,000 $8,000.00 Waterloo, IA Page 57 of 149 CITY OF WATERLOO Council Communication Resolution setting date of public hearing as May 1, 2017 for the sale and conveyance of city -owned property, located at 525 E. 4th Street in the amount of $58,500.00 to First Presbyterian Church, including up to $2,000.00 in closing costs and instruct City Clerk to publish notice. City Council Meeting: 4/17/2017 Prepared: 4/12/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description Reviewer Action Schroeder, Aric Approved Even, LeAnn Approved Type Date 4/12/2017 - 11:03 AM 4/12/2017 - 4:22 PM D Attachments - Sale to First Presbyterian Cover Memo Resolution setting date of public hearingas s May 1, 2017 for the sale and SUBJECT: conveyance of city -owned propeU located at 525 E. 4th Street in the amount of $58,500.00 to First Presbyterian Church, including a to $2,000.00 in closing costs and instruct City Clerk to publish notice. Submitted by: Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Recommendation of sale The City of Waterloo has recently purchased from KW WL a parking lot directly across the street from their office in the amount of $58,500.00. As you may recall, KW WL is in the process of doing a historic renovation of their building at 500 East 4th Street. First Presbyterian Church, which abuts the parking lot in question, expressed interest to the City that they would like to purchase the parking lot from the City once acquired from KW WL. The First United Presbyterian Church has been working on a renovation of their entire church building and site. As a result of that, their Summary Statement: new main entrance setup and parking lot improvements would be better served if they acquired this same lot from the City of Waterloo. The church is offering the $58,500 for the lot, as they do not pay property taxes, and this would make the sale and conveyance an even slate for the City of Waterloo. At the December 12, 2016 Building and Grounds Committee, the committee recommended approval to sell the property to First Presbyterian Church for $58,500.00. Expenditure Required: NA Page 58 of 149 Source of Funds: NA Policy Issue: Economic Development, Property Management, Downtown Development Alternative: Not sell, but keep for development purposes In going back to the overall goal of the KW WL agreement, the idea was to redevelop the 1.5 block area surrounding the KWWL building. Originally, this lot was envisioned as a potential infill commercial lot or perhaps a brownstone type residential infill site. But the redevelopment can also be achieved through the continued investment and improvements by the First United Presbyterian Church working to improve their site, congregational commitment, and energy into this urban area of the community. Staff has had several conversations with different developers about the site. The church also suggested a potential land swap for land behind the church, Background Information: but the research by staff did not support that "back lot" having a great deal of success for redevelopment. This lot has frontage on East 4th Street and Franklin Street, which increases its viability for reinvestment and interest by other private developers. So it has redevelopment opportunities. In the end, staffs recommendation was to support our existing business in the First United Presbyterian Church. The church is not only offering the funds to repay the city acquisition, but they are investing funds back into the church for redevelopment. So this is not only a sale, but a redevelopment project. They say 75-80% of economic development activity comes from existing businesses reinvesting in their areas. The church is currently reinvesting in their site, and we would like to support that action. The Southeasterly 95 feet of Lots 8 and 9, except that part of said Lot 8 lying East of the West line of East Fourth Street deeded to the City of Waterloo, IA in X TLD 485. Apart of Lot I commencing at a point on the Northeasterly line of said Lot 8 that is 55 feet Southeasterly from the most Northerly corner of said Lot 8; thence Northeasterly along a line Legal Descriptions: drawn at right angles to the Northeasterly line of said Lot 8, 60 feet; thence Southeasterly along a line that is parallel with the Northeasterly line of said Lot 8 to the West line of East Fourth Street; thence South along the West line of East Fourth Street to the Northeasterly line of said Lot 8; thence Northwesterly along the Northeasterly line of said Lot 8 to the point of beginning. All in Block 61 in The Cooley Addition to the City of Waterloo, Black Hawk County, Iowa. Page 59 of 149 Noot Anderson C:,i y of Waterloo N:;voinber 9, 2016 RF KWWL Parking Lot Neel, F,L Presbyterian Church at the corner of Franklin and Park .Ave. would like to :v,11 lose a land exchange to the city. We are adding a new elevator and entrance to he parking lot on the east side of the building. It will make the east parking lot main entrance to the building. Adjacent to that parking lot is the parking lot vi.ously owned by KWWL. This lot had been previously owned by the church ar' 1 sold to KWWL as a favor to the station. The station allowed the church to u s the parking lot when needed. It is primarily used by the church on Sundays a v1 other large church events during the week. We would like to trade land in the baicIc of the church for that parking lot as it fits perfectly with our new entrance. A (�,n.ohed is a site plan showing a potential land exchange. ,re concerned with the use of the KWWL parking lot for possible commercial (Ir ,Gidential use and feel the land in the back of our church would lend itself to a residential use. It would be across the street from other residents as o 1: o sed to in the middle of businesses. C1 .,rch representatives, including myself, would like to meet with your (W I ),nrtment, the mayor or council members to discuss our wishes for this land. T1. -r,ks and let me know if you need anything else or when we can meet. 7; : (21ir istensen L ing & Grounds Chair 1 ret Presbyterian Church Franklin Street r terloo, Iowa 50703 Page 60 of 149 W 161-0 o - go co 11 ©t I N 'aAV>lUVda Page 61 of 149' I NOEL ANDERSON From: Jim Christensen <Jim@single-source.net> Sent: Tuesday, November 29,2016 10:22 AM To: NOEL ANDERSON Cc: amy@lstpresby.org Subject: RE: parking lot Noel, We would be interested in purchasing the lot from the city. ideally we mould lime the K'VVWL lot as it sits well with the new entrance. If we get the KWWL lot we would not need the back lot but would still maintain it, If vire do get the lot from the city, we would entertain the idea of allowing use of the lot for events downtown or at Lincoln Park. I do know the WDC will support the land swap. We would also be willing to meet with whomever. Buildings & Grounds,..eto. to discuss the various possibilities. Thanks for the update. Jim .dames P. Cliristensen Chief Finwicial Officer Director of Sales & Marketing Office: 31.9-232-6554 Cell: -� 19-269-1171 112 W. P: --k Lane Waterloo, Iowa 50701 www.Swn ' Source.Net From: NOEL ANDERSON {malito:NOEL.ANDERSON WAT LOO-TA.ORG] Sent: Tuesday, November 29, 2016 927 AM To, Jim Christensen Subject: l':-: parking lot Jim — we h�nle looked at the Idea of the land swap with our downtown consultant and internally and are not receiving great feedback c! -,the viability of redevelopment of the back part of the lot. The City C„ incil did approve the sale of land under the Sale of Property Policy last night to a couple for cash. Would the church be;, ':erested in buying the land for what the City just paid for it? I am not s::'. ing the swap Is not able to move ahead to Building & Grounds, but 1 believe it will be difficult if there is not a good chane: for redevelopment of it and no cash. Page 62 of 149 Thanks, Noel Noel Andclrson Community Planning & Development Director City of Wai :lr loo Community Planning & Development Department City Nall 715 Mulberry Street Waterloo, Iowa 50703 Phone: 319.291.4366 Fax: 399„297.4262 Cell: 399.290.6357 Websites: City -- wwtal. cityofwatorlooiowa. com Brownfields. www.thenewwatorloo.com "Can't fail r'; arrogance. Won't fail is confidence. Lord John Roxton From: Jin) Christensen [malltojlm@single-source.net] Lent: Tic'” �aY, October 25, 2016 4:27 PM To., NOEL , 4DERSON Subject., t%-,rking lot Noel, Vrhat is [bo process for purchasing the parking lot next to First Presbyterian Church? We owned it years ago atad out c l' c..o-artesy to KW WL sold it to them for their convenience, 3t was a nice arrangement with them as they used tc during the day during the week and we could use it at night and on Sundays. We were not privy to their pl:tri, o dispose of the .lot or we would have purchased it back from them. Let mr, ]cr, ! w the process as it makes sense for us to maintain it and let others use it when we are not needing the James Christensen Chief F i n i Fi cial Officer Direotw- o gales & Marketing t Sf ,` IS O�tiQ 0fftce: 3 l 9-M-6554 Cc: _, i')-269-1171 112 W. l.':c 1 Lane NVaterloo, oliva 50701 w\vtu.S::! ;-Source.Net Page 63 of 149 Exhibit "A" The Southeasterly 95 feet of Lots 8 and 9, except that part of said Lot 8 lying East of the West line of East Fourth Street deeded to the City of Waterloo, IA in X TLD 485. A part of Lot 1 commencing at a point on the Northeasterly line of said Lot 8 that is 55 feet Southeasterly from the most Northerly corner of said Lot 8; thence Northeasterly along a line drawn at right angles to the Northeasterly line of said Lot 8, 68 feet; thence Southeasterly along a line that is parallel with the Northeasterly line of said Lot 8 to the West line of East Fourth Street; thence South along the West line of East Fourth Street to the Northeasterly line of said Lot 8; thence Northwesterly along the Northeasterly line of said Lot 8 to the point of beginning. All in Block 61 in The Cooley Addition to the City of Waterloo, Black Hawk County, Iowa. Page 64 of 149 CITY OF WATERLOO Council Communication Resolution setting date of hearing as April 24, 2017 for an amendment to the FYE2017 Budget and instruct the City Clerk to publish notice. City Council Meeting: 4/17/2017 Prepared: 4/13/2017 REVIEWERS: Department Finance Clerk Office ATTACHMENTS: Description Reviewer Action Weidner, Michelle Approved Higby, Nancy Approved Type Date 4/13/2017 - 2:23 PM 4/13/2017 - 3:28 PM a Budget Amendment FYE17 Council Comm Hearing Cover Memo Req SUBJECT: Resolution setting date of hearing as April 24, 2017 for an amendment to the FYE2017 Budget and instruct the City Clerk to publish notice. Submitted by: Submitted By: Michelle Weidner, Chief Financial Officer Approve a resolution to set the date of hearing for an amendment to the Recommended Action: FYE2017 Budget as April 24, 2017; and instruct the City Clerk to publish notice. The City is required under state law to amend the budget prior to exceeding expenditures in any one of the nine program areas; public safety, public works, health and social services, culture and recreation, capital projects and Summary Statement: the proprietary funds (sewer and sanitation). This amendment addresses the need for additional budget authority for insurance. We planned to use fund balance restricted for insurance purposes if needed when the original budget was s et. Policy Issue: Compliance with state law regarding budgeted expenditures. We are required to publish the estimated budget amendment no more than Background Information: twenty and no fewer than ten days (excluding holidays) prior to the hearing, which means the budget estimate must be provided to the Waterloo Courier by April 13. It is expected to be published April 14. Page 65 of 149 CITY OF WATERLOO, IOWA City Clerk and Finance Department 715 Mulberry St. • Waterloo, IA 50703 • (319) 291-4323 Fax (319) 291-4571 KELLEY FELCHLE • City Clerk MICHELLE WEIDNER, CPA • Chief Financial Officer Mayor Council Communication QUENTIN City Council Meeting: April 17, 2017 HART Prepared: April 13, 2017 Dept. Head Signature: Michelle Weidner COUNCIL MEMBERS Number of Attachments: None ................... TOM SUBJECT: FYE2017 Budget Amendment Hearing POWERS Ward Submitted by: Michelle Weidner, Chief Financial Officer BRUCE JACOBS Recommended City Council Action: Approve a resolution to set the date of Ward hearing for amendments to the FYE2017 Budget as April 24, 2017. PATRICK Summary Statement: The City is required under state law to amend the MORRISSEY budget prior to exceeding expenditures in any one of the nine program areas -,Ward 3 public safety, public works, health and social services, culture and recreation, JEROME community and economic development, general government, debt service, capital AMOS, JR. projects and the proprietary funds (sewer and sanitation). This amendment Ward addresses the need for additional budget authority for insurance. We planned to use fund balance restricted for insurance purposes if needed when the original budget RON was set. WELPER Wards Expenditure Required: N/A TOM LIND Source of Funds: Various At -Large Policy Issue: Compliance with state law regarding budgeted STEVE expenditures. SCHMITT At -Large Alternative: None Background Information: We are required to publish the estimated budget amendment no more than twenty and no fewer than ten days (excluding holidays) prior to the hearing, which means the budget estimate must be provided to the Waterloo Courier by April 13. It is expected to be published April 14. WE'RE WORKING FOR YOU! An Equal Opportunity/Affirmative Action Employer Page 66 of 149 CITY OF WATERLOO Council Communication Request from the Memorial Day Board to hold a Memorial Day Parade on May 29, 2017 from 8:45 a.m. to 11:45 a.m. with an honor guard salute and a parade route utilizing Commercial, 5th, Park Avenue and Mulberry Streets, requiring barricades. City Council Meeting: 4/17/2017 Prepared: 4/11/2017 REVIEWERS: Department Reviewer Police Department Leibold, Joe Clerk Office Even, LeAnn ATTACHMENTS: Description ❑ Request Letter Action Approved Approved Type Cover Memo Date 4/11/2017 - 10:01 AM 4/12/2017 - 9:45 AM Request from the Memorial Day Board to hold a Memorial Day Parade on SUBJECT: May 29, 2017 from 8:45 a.m. to 11:45 a.m. with an honor ward salute and a parade route utilizing Commercial, 5th, Park Avenue and Mulberry Streets, requiring barricades. Submitted by: Submitted By: Joe Leibold, Captain of Police Services Recommended Action: Approve Request Summary Statement: This event has occurred for the past several years. Upon completion of the parade their is a 40 minute ceremony ending with an Honor Guard salute. Expenditure Required: Cost with traffic control and placing/retrieving barricades. Source of Funds: General Page 67 of 149 THE MEMORIAL DAY BOARD Mayor Hart: 715 Mulberry St Waterloo IA 50703 Dear Mayor Hart: The Memorial Day Board wants your permission and to inform you that we are planning the Memorial Day Parade and Program. The Parade lineup start time is 8:45am at the Wells Fargo Parking lot. The start of the Parade is 10:00am to allow more time after the parade for the start of the Program. The Parade will have about 40 units and the route will be - Commercial at Sth St. to Park Ave., right, across the river to Mulberry, right, to 5" St., right, across the river to Memorial Hall. You are welcome to participate in the parade by riding in one of the convertibles that we are providing. We will start our Program at 11:00am on the river side of Memorial Hall. You are requested to speak for a few minutes. Please let me know of your decision as soon as possible so we can get your name in the program and a convertible if you wish. Please discuss with everyone that we are planning the Memorial Day Parade and Program. If there are any questions, please contact me at 233 2236. Thank you, Dale Hixson, Sec. Page 68 of 149 CITY OF WATERLOO Council Communication Resolution rescinding resolution 2016-987, adopted on December 19, 2016, to correct Iowa DOT Agreement Number from 2015 ICAAP-05 to 2017-ICAAP-02 and authorizing Mayor and City Clerk to execute all necessary documents. City Council Meeting: 4/17/2017 Prepared: 4/12/2017 REVIEWERS: Department Reviewer Action Date Traffic Operations Even, LeAnn Approved 4/12/2017 - 2:50 PM Clerk Office Even, LeAnn Approved 4/12/2017 - 2:51 PM Resolution rescinding resolution 2016-987, adopted on December 19, 2016, SUBJECT: to correct Iowa DOT Agreement Number from 2015 ICAAP-05 to 2017- ICAAP-02 and authorizing Mayor and City Clerk to execute all necessary documents. Submitted by: Submitted By:Sandie Greco, Interim Public Works Director Recommended Action: Approve Consent Resolution Summary Statement: Correct Iowa DOT agreement number. Page 69 of 149 CITY OF WATERLOO Council Communication Request from Scott Yount for a waiver for a concrete driveway located at 156 Lichty Blvd. with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 4/17/2017 Prepared: 4/12/2017 REVIEWERS: Department Engineering Clerk Office ATTACHMENTS: Reviewer Action Thorson, Eric Approved Even, LeAnn Approved Date 4/12/2017 - 10:54 AM 4/12/2017 - 4:16 PM Description Type ❑ DW Waiver -156 Lichty Blvd Cover Memo Request from Scott Yount for a waiver for a concrete driveway located SUBJECT: at 156 Lichtv Blvd. with the elimination of the sidewalk section due to the inability to meetair de requirements. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 156 Lichty Blvd. I have reviewed this request and recommend its approval subject to the following provisions: Summary Statement: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Background Information: Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Page 70 of 149 Legal Descriptions: LICHTY SECOND ORANGE ADDITION LOT 38 Page 71 of 149 WAIVER Date: 0Ct7 Xf 1044. CIP aae,04 Honorable Mayor and City Council P` City Hal[ � �.� � Waterloo, IA 50703 Council Persons: a5 e fi(,, �, ,� A% hereby request a waiver to the driveway and sidewalk specifications for the construction of a Com► �'e___ _ driveway or sidewalk located at concre or asphalt) (Address) .... This waiver is needed because of: special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1. asphalt driveway with the elimination of the sidewalk section. placing a driveway or sidewalk on City right of way on an unimproved street. I agree to the following:. 1. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed, 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 5. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only, Attached herewith is a payment in the amount of seven dollay� ($7.00) f r the purpose of recording this agreement. Respectfully submitted, Printed Name Property Owner ignatur erty Owner Page 72 of 149 CITY OF WATERLOO Council Communication Request from Lynn Bowers for a waiver for a concrete driveway located at 112 Sidehill Drive with the elimination of the sidewalk section due to the inability to meet grade requirements. City Council Meeting: 4/17/2017 Prepared: 10/19/2016 REVIEWERS: Department Engineering Clerk Office ATTACHMENTS: Reviewer Action Thorson, Eric Approved Even, LeAnn Approved Date 4/12/2017 - 11:01 AM 4/12/2017 - 4:15 PM Description Type ❑ DW Waiver -1 12 SIdehill Dr. Cover Memo Request from Lynn Bowers for a waiver for a concrete driveway located SUBJECT: at 112 Sidehill Drive with the elimination of the sidewalk section due to the inability to meetair de requirements. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Recommended Action: Recommended for approval by the City Engineer. Attached is a request for construction of a concrete driveway with the elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk specifications, Section 18, to be located at 112 Sidehill Drive. I have reviewed this request and recommend its approval subject to the following provisions: Summary Statement: 1. Work to be performed by an approved and bonded contractor. 2. A permit is to be obtained from the office of the City Engineer prior to construction. 3. All work shall be performed under the supervision of the City Engineer at no cost to the City of Waterloo. $7.00 cash for the purpose of recording this waiver and a copy of the legal description have been provided to the City Clerk's office. This is a waiver of the City's Standard Specifications for Driveway Background Information: Construction. It requires Council approval so that it can be recorded to the property, so that the waiver requirements run with the property ownership. Page 73 of 149 Legal Descriptions: UNPLATTED WLOO WEST W 123.5 FT E 305.5 FT S 1/2 SE SEC 16 T 88 R 13 EXC S 896 FT & EXC N 60 FT THEREOF Page 74 of 149 Date: 0Y110 -7 X17 Honorable Mayor and City Council City Hall Waterloo, IA 50703 Council Persons: WAIVER - pre v;.5 p(w,e�t CMtv"t k�4 'r`n PAe-e I hereby request a waiver to the driveway and sidewalk specifications for the construction of a U - driveway or sidewalk located at (concrete or asphalt) (.Address) This waiver is needed because of: special surface texture (i.e., exposed aggregate, brick stamped pattern, paving brick) to be used on the concrete approach. elimination of the sidewalk section due to the inability to meet requirements of the driveway and sidewalk policy, paragraph 1, asphalt driveway with the elimination of the sidewalk section. placing a driveway or sidewalk on City right of way on an unimproved street. I agree to the following: t. To remove and replace this driveway to an official elevation at no additional expense to the City of Waterloo at such time that sidewalk is constructed. 2. To remove and replace the private driveway, as needed, to an official elevation at no additional expense to the City of Waterloo at such time that curb and gutter is constructed, 3. To pay for any additional expenses for the replacement of any such textured driveway or sidewalk that has been removed for any City of Waterloo project. 4. To employ a bonded contractor who shall obtain a permit from the office of the City Engineer. 6. To have the driveway constructed according to the specifications and policies of the City Engineer and under his supervision. 6. This waiver is for this property only, Attached herewith is a payment in the amount of seven dollars ($7.00) for the purpose of recording this agreement. Respectfully submitted, Printed Name of Property Owner Sign ture of Property Owner Page 75 of 149 CITY OF WATERLOO Council Communication Recommendation of appointment of Jesse Gaherty, from the Civil Service list, to the position of Maintenance Foreman at the Waste Management Department effective April 18, 2017. City Council Meeting: 4/17/2017 Prepared: 4/10/2017 REVIEWERS: Department Reviewer Action Date Waste Management Hoambrecker, Steven Approved 4/10/2017 - 2:15 PM Clerk Office Even, LeAnn Approved 4/12/2017 - 9:42 AM Recommendation of appointment of Jesse GaheU from the Civil Service SUBJECT: list, to the position of Maintenance Foreman at the Waste Management Department effective April 18, 2017. Submitted by: Submitted By: Steven Hoambrecker, Director, Waste Management Services Dept Recommended Action: Motion to approve request. Summary Statement: Human Resources Committee approved filling this position Dec 14, 2016. Civil Service list certified March 7, 2017. Expenditure Required: $60,694 plus benefits Page 76 of 149 CITY OF WATERLOO Council Communication Motion to approve Exception to Burning Yard Waste Application by Dennis Clark to burn native prairie grasses, marsh habitats and small shrubs and trees, on approximately 1 1/2 acres located at 2204 Ashland Avenue, during March and April and again in September and October. City Council Meeting: 4/17/2017 Prepared: 4/12/2017 REVIEWERS: Department Reviewer Action Date Fire Rescue Higby, Nancy Approved 4/12/2017 - 4:08 PM Motion to morove Exceotion to Burning Yard Waste Annlication by Dennis SUBJECT: Clark to burn native prairieagr sses, marsh habitats and small shrubs and trees, on approximately 1 1/2 acres located at 2204 Ashland Avenue, during March and April and again in September and October. Submitted by: Submitted By: Pat Treloar, Chief of Fire Services Page 77 of 149 CITY OF WATERLOO Council Communication Bonds City Council Meeting: 4/17/2017 Prepared: REVIEWERS: Department Reviewer Engineering Higby, Nancy ATTACHMENTS: Description a Bonds for council approval 4.17.17 SUBJECT: Bonds Action Date Approved 4/12/2017 - 11:30 AM Type Backup Material Page 78 of 149 BONDS FOR COUNCIL APPROVAL April 10, 2017 RIGHT OF WAY CONSTRUCTION BOND AMOUNT $15,000.00 IA 568783 DENNY'S CONCRETE INC & IOWA WALL SAWING IA 590430 HOFFMAN & HOFFMAN RENCHING INC. 55-199026 JEFFREY ASSINK DBA C & J CONSTRUCTION 58435266 DENNIS C. CHRISTENSEN 55-198794 K & W ELECTRIC INC. SY81320 MATT NOLT SY08901 WEBB CONCRETE INC. INDEPENDENCE, IA CEDAR FALLS, IA CEDAR FALLS, IA CEDAR FALLS, IA CEDAR FALLS, IA ORCHARD, IA INDEPENDENCE, IA Page 79 of 149 CITY OF WATERLOO Council Communication FY 18 One Year -Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls HOME Consortium. City Council Meeting: 4/17/2017 Prepared: 4/5/2017 REVIEWERS: Department Reviewer Action Date Community Development Jones, Rudy Approved 4/7/2017 - 5:50 PM Clerk Office Even, LeAnn Approved 4/12/2017 - 9:31 AM ATTACHMENTS: Description Type D FY2018 Applicants Cover Memo D Recommendations to council Cover Memo D Communication from Chuck Rowe Cover Memo Comments received during comment period Cover Memo Motion to receive and file proof of publication of notice of public hearing HOLD HEARING -Comments on file. Motion to close hearing and receive and file oral and written comments and SUBJECT: recommendation of approval of Community Development Board. Resolution approving proposed funding recommendations set forth by the Community Development Board for the FY18 One -Year Action Plan for CDBG and HOME Program Funds for the Waterloo/Cedar Falls Consortium. Submitted by: Submitted By: Rudy D. Jones, Community development Director Motion to receive and file proof of publication of notice of public hearing. Hold Hearing -no comments on file. Recommended Action: Motion to close hearing and receive and file oral and written comments. Resolution approving proposed funding recommendations. Summary Statement: A 30 -day public comment period was advertised from March 2, 2017 through March 31, 2017 on the proposed one- year action plan. Source of Funds: CDBG and HOME Program Funds Background Information: The Board approved the attached recommendations on February 21, 2017. 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EA EA- Efl ER d} ' EA EA Ef} v u� a3 r ao rn o N c+> �t u� c0 r ao rn C LL a= a= a Q= a a=_ _= a o CL 2 Q 0 w O (1) Z io U) = n 0 0 a� 0 m �' a @ Vf O N C E o f v cx w u) U u0i>_ c _ o c .� O 'c w O m 'c w a> a c 0 U S 0 `Z a 0 .� 0 0 S m s 1 E m 2 0 0 LL r E 0 c m 0 o d S U ol w- Z o m 0 0 0 o t F c> O c 0 0 c _ m 'S 'c as c r y m -E `0 a c m m > ots M 0 E E 0 a) a) 2= m 0 0 Q — a LL o E c a) m c m � `m E me m CD _ W OL m r d m U <� U C3 W U` 0 z z 0 w fn H § 0 a w 2 0 m \ 0 m c Q �k _ CL14 ■ C4 � U- CN§ A§ / ®S / 0 § / . k $ t § § t L , a \ § 2 2 ; 7 / k §. ) �) b c 0 k § cm k / 2 a < ] - 2 u -� Lu £ ( E R < < e e I k/\ k y k ! k � co . $ U q 7 % � \ ^ "r� ~ $ k _ « a a _ _ m �2 & q g CN m � 3 ° � § < ■ } § U)< 2 | ■ " . ` E k § . � i k § \ f k ] / - § \ \ \ k \ © c \ U r 2 § 2 2 2 a I 2 §* G � ) = e a / \ § � - } U. § § w § 3 C & S 2 § o o § . _ ■ 2)) /� k k 2� G k) 2& on / k / \ \ 0 ( \ § k 13 k ( k t» 2 E o e < < u u o e = o_- CL \ � Received 3-30-17 Mayor and City Council members, I have received a revised request for CDBG funding from Chuck Rowe, the Boys and Girls Club Director regarding his desire to be included in this year's proposed annual allocation. I have been in conversation with him and expressed my concern of how his revised request of $50,000 annually for 3 years totaling $150,000 to $30,000 over the same3 years totaling $90,000 could potentially play out over our current and proposed funding allotments. While I support his revised request of $30,000 annually for 3 years, the Administration's proposed budget could adversely impact his project if we don't receive adequate funding over the next 3 years and he would need to have a contingency plan to make up the $60,000 difference. I support the project based on how this would fit into the Walnut Neighborhood redevelopment strategy with the Boys and Girls club being an anchor in the neighborhood. I also discussed the possibility with my board at the last board meeting of what this may look like and how it will be in the City Council's hand after the 30 day comment period. What this would look like in real dollars is if the funds would come out of our proposed owner -occupied rehabilitation program, it would reduce the number of housing units addressed by one (1) unit. I believe we could absorb this, while significantly making a larger impact over the larger area in the Walnut Neighborhood, which is going to be a multiple year redevelopment. Being that Chuck's request came to me prior to March 31, it needs to be added to the official record of public comments. With the City Council Public Hearing set for April 17, to discuss and decide the final allocation, should you have any questions or comments prior to that date, please let me know. And thanks for your consideration. Rudy D. Jones, Director Waterloo Community Development Board 620 Mulberry Street Waterloo, IA 50707 319-291-4429 Page 85 of 149 CITY OF WATERLOOl IOWA <:'OA1AlUNITY I>EVEL()PhIENT to +O FAd6m v Sheet. C.ti v" ie Amex - Suite nen. Watei loo. IA 5070 • i A!) X97-4429 Fax (319) 297-4431 TO: FROM: DATE: SUBJECT PART I — INTRODUCTION Fiscal Year 2018 Applicants Rudy Jones, Community Development Director November 15, 2016 FY2018 Consolidated Planning Notice of Funding / Request Procedure - Community Development Block Grant (CDBG) Program - HOME Investment Partnership Program This is to advise individuals, groups, agencies, and/or organizations interested in requesting financial assistance as part of the City's "Consolidated Planning" effort, for Federal funding through either the Community Development Block Grant (CDBG) Program or HOME Investment Partnership Program, that an application form must be completed and submitted for consideration of proposed eligible activities. Hard copy of the application (for print or type) is available from the City's Community Development office. The Application is a cover sheet and narrative response to 12 requirements. Forms are available electronically at citvofwaterlooiowa.com/fundingcycle. OTHER APPLICATION FORMATS WILL NOT BE ACCEPTED. It is noted that rules and regulations of the CDBG Program allow great latitude for the funding of projects and activities by public and non-profit entities. Comparatively, more restrictive provisions of the HOME Investment Partnership Program generally limit such non-profit funding to those entities considered a "Community Housing Development Organization" (CHDO). Any funded activity must be supported by the City's "Consolidated Plan" (maintained on record within the City's Community Development Department); or available on line at www. cityofwaterlooiowa. com/images/CommDevelopment/ConsolidatedPlanAnnualAction Plan.pdf Entitlement amounts for the upcoming FY2018 period are pending determination, but are presently estimated to equal $1,130,000 for the CDBG Program and $390,000 for the HOME Program. The 2018 fiscal year covers the period from July 1, 2017 through June 30, 2018. Page 86 of 149 The basic goals of these programs are to: (1) provide decent housing (by assisting the homeless, retaining affordable housing stock, increasing the availability of permanent housing, and increasing supportive services for persons with special need without discrimination) and (2) provide a suitable living environment (by improving the safety and livability of neighborhoods, increasing access to quality facilities and services, reducing the isolation of income groups, revitalizing deteriorating neighborhoods, restoring/preserving features of special value for historic, architectural, or aesthetic reasons, and conserving energy resources). Community Development Block Grant (CDBG) Program. To be eligible for CDBG funding, proposals must address one of three broad national objectives: (1) principally benefit low - moderate -income households; (2) reduce or eliminate slum and blighting conditions; or (3) address a particular urgency (such as natural disaster(flood) or immediate health threat (Zika virus)). Funding must also address any of a number of possible eligible activities. The City has traditionally funded housing rehabilitation and a variety of public facility improvements and public service agencies. "Subrecipient" entities may undertake activities, if they possess appropriate non-profit status. There is great flexibility for use of the money. However, according to Federal statute, certain types of activities are not eligible by their inherent nature. This includes: new housing construction; funding any religious activity (i.e., constitutional prohibition concerning separation of church and "state"); funding political activities; and funding direct income payments to provide basic levels of food, shelter (including rent, mortgage, or utility payments), or clothing - except in case of emergency, but only for a period not to exceed three months. New applicants are encouraged to contact City Staff in advance of application preparation to confirm activity eligibility. The followin- is particularly noteworthy concernin,- CDBG "Public Service" activities: First, a CDBG Program "public service" activity is something not traditionally considered a "brick and mortar" type of physical improvement (i.e., not construction, not rehabilitation, etc.). Generally, a public service activity will fund either a human resource (such as staffing costs) or operating costs. Examples may include: staff or operating costs at a homeless facility; operational costs of a program directed toward crime prevention; child or elderly care; counseling (substance abuse, fair housing, etc.); recreational programming; etc. Second, no more than 15% of the City's annual entitlement (including last year's program income) may be allocated for public service projects/activities. Third, to be considered for favorable recommendation by the City's Community Development Subcommittee, a public service activity must principally be either: (1) a new activity not undertaken / funded (from any source) within the preceding year; or (2) a quantifiable increase in the level of an already existing service. This follows the federal regulations found in 24 CFR 570.201(e). The following flow chart illustrates how eligibility determinations are made in regard to this policy. 2 Page 87 of 149 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM PUBLIC SERVICE ELIGIBILITY 24 CFR 570.201 Has the Public Service Activity been ooeratina within the last Yes I I No Is it a Quantifiable Increase? I I Eliqible Yes I I No Eliaible I I Not Eliaible Fourth, a public service typically may not be offered to anyone on a citywide basis. Rather, there must either be a specific primarily residential area served (such as census tract) where there exists a predominance of low- moderate -income persons, (as documented with service area boundaries and census data), or the activity must be operated such that by designed control there is assurance it will serve a specific "limited -clientele" which is predominately low- moderate income (as documented with income verification, such as paycheck stubs). Only a few groups are automatically "presumed" to benefit low- moderate -income persons. Included are those activities directed toward assisting abused children, battered spouses, elderly persons, severely disabled adults, homeless persons, illiterate adults, and persons living with AIDS. It is extremely difficult to otherwise qualify a public service on the basis of preventing or eliminating slum/blighting conditions (the only other option aside from "low/mod" income benefit, as required by Federal Statute). Note: "Low- moderate -income households" are those, respectively by size, at or below 80% of the area median. An income qualification table is attached. "Predominately" means at least 51%. "Elderly" are those persons at or older than 62 years of age. If you are submitting a request for a Public Service, the service area (boundaries) must be included. Also, census tract data must be included to document that 51% of the population is low-income (less than 80% area median income). 3 Page 88 of 149 HOME Investment Partnership Program. HOME funding is principally eligible to assist any of a number of housing assistance activities. To summarize, the City has traditionally funded down -payment assistance for qualified homebuyers, tenant -based rental assistance, housing rehabilitation and tax credit projects. A 15% set-aside requirement also ensures that a portion of the funds are provided to non-profit entities certified as a Community Development Housing Organization ("CHDO") to carry -out other housing assistance activities. New construction is eligible under this program, but any assistance provided (for any activity) generally invokes long-term affordability provisions (to benefit low- moderate -income persons). REVIEW / SELECTION PROCESS In accordance with the City's citizen participation process, the Community Development Subcommittee will review all funding requests. The Subcommittee will recommend specific budget allocations for consideration to the Community Development Board and then the City Council (which has final decision-making authority to accept, modify, or reject recommendations for both the CDBG and HOME Programs). Public Hearings will be advertised in the Waterloo Courier and on the Community Development website. Reliance is placed upon the strength of presentation within respective written applications for statement of project merit based on need to be addressed and benefit to be derived. Activities successfully funded will be committed between the City and other entities with written contractual agreements stipulating pertinent terms and conditions. Models that cite federally required provisions are available upon request for review. In accordance with federal regulations, the City of Waterloo adheres to an expectation that funding assistance provided through the CDBG and HOME Programs will be committed, encumbered and expended in a timely manner. To ensure compliance with timely expenditures, any City Subrecipient allocated CDBG funds for public service activities in any given program year must completely expend all allocated funds by the end of that program year (i.e., by each respective June 30th). The commitment / encumbrance of public service funds is not sufficient. Rather, all public service funds must be completely spent. Thus, any public service funds remaining unspent by the end of each respective June 30th fiscal (program) year will be captured by the City for re -allocation. Further, subrecipients will be responsible for payment from their own (non-CDBG) sources for any outstanding obligations remaining un -paid after each June 30th. HOME projects must be completed within four (4) years of commitment. Any project not completed timely will be terminated and the subrecipient will be required to repay any HOME funds that have been drawn down from HUD. Applicants should be sensitive to these policies and their respective need to implement proposed activities as soon as practicable upon fund availability, or risk possible loss from recapture / reassignment or repayment. Also, any proposal dependent upon fund match / leverage from other resources should note possible, potential, or probable need to extend funding commitment / expenditure past the fiscal year when allocated. 4 Page 89 of 149 In regard to development proposals, such as qualified new construction with HOME funds, it also should be noted that the Subcommittee has a preference to review plans showing location, site layout, and floor plan with time -line. Speculative development proposals will not be reviewed as favorably as definitive development proposals. Note: The application process is typically conducted on an annual basis from about mid-November to early January for consideration of funded activities to commence at the start of the next fiscal year (each July 1st). A review of prior allocations also typically takes place soon after the beginning of each fiscal year to determine whether under-utilized or residual funds remaining uncommitted from completed activities may be reassigned to fund other possible eligible activities. PART II — INSTRUCTIONS Individuals and/or organizations/agencies interested in requesting funding assistance through the CDBG and/or HOME Programs of the City of Waterloo, Iowa, as federally funded by the U.S. Department of Housing and Urban Development (HUD), must use the City form for each application proposal. The form follows (or is attached to) this set of instructions. The purpose of this procedure is to provide a standard, unified, process. Modified applications will not be accepted. Hand -printed (not script) or typed hard copy of the application may be completed, copied and submitted. Forms are available via the City's website at cityofwaterlooiowa.com/fundingcycle. Multiple applications (i.e. funding requests from one entity for more than just a single activity) must be submitted on separate forms (to distinguish their respective individuality). However, in such cases, the applicant must also include a priority ranking (for all) which indicates their "most -to -least" important hierarchy of preference for approval. Note: 1. All data/information must be processed, typed or hand -printed (anything hand- written, meaning script, will be returned as unacceptable). Peripheral margins should be one inch (1 ") for the top, bottom and sides of each page. Preferred font style is "Times New Roman" (but may vary, with the exception of script which is not allowed) and preferred point size is 12 (may vary larger, but not smaller). Please paper clip and three -hole punch along the left edge of the application (i.e., each copy). 2. The most important funding aDDlication component is that Dart which identifies and describes the activity proposed for funding. Excessive "filler" verbiage will NOT enhance any prospect for success and, rather, may possibly reflect negatively. Each proposed activity should be described in a short, concise, narrative that states how much funding is requested and what the funding will be used to accomplish. The more simplified the request is stated, generally the better it is understood. Page 90 of 149 For example: $ is requested to rehabilitate a residential structure with units, located at to assist households that are low/moderate income. It should be noted that a budget is to be explained in narrative and attached as a table with appropriate unit itemization. For example: assuming an activity proposes to utilize two instructors at different pay grades, then two separate line items will be necessary to identify: (a) the positions; (b) their respective wages / benefits at some base / uniform unit (such as "$x.xx" per hour); and (c) conversion into a cost based on planned total time incurred (i.e., "$x.xx" per hour for "x" hours = $x.xx" to be budgeted). Other separate budget allocations may be an itemization of materials/supplies to be purchased, utility costs incurred, etc. If an activity is multi -faceted, such as an improvement project that involves property acquisition and rehabilitation, then itemization is also needed to distinguish sh separate allocations for each respective component. Due to federal reporting requirements, it is not possible to have a single combined budget amount for multiple (different) types of activities - the individual activities must be separated. This is also the case with a rehabilitation activity. Separate budget allocations are required for owner rehabilitation and rental rehabilitation, as well as separate budget allocations for single family and multi -family rehabilitation. 4. The information below identifies submission deadline, as well as how many copies of each funding application is to be provided and specifically where they are to be submitted. APPLICATIONS MUST BE COMPLETED IN ACCORDANCE WITH INSTR UCTIONS AND SUBMITTED AS FOLLOWS: Submit 15 hard -copies that are paper clipped and three -hole punched to: Mr. Rudy D. Jones, Director City of Waterloo Community Development Carnegie Annex, Suite 202 620 Mulberry Street Waterloo, IA 50703 Submission Deadline (For Receipt) is 12:00 P.M. (noon) on Friday, December 30, 2016 - NO EXCEPTIONS - 6 Page 91 of 149 Questions May Be Directed to: Rudy D. Jones, Director, at 319-291-4429 or email: rudyjoneskwaterloo-ia.org Nancy Gulick, Coordinator, at 319-291-4429 or email: nancy ug lickgwaterloo-ia.org The following cover sheet and requested narratives are required for completion and submission for CDBG and/or HOME Program funding from the City of Waterloo, Iowa. 7 Page 92 of 149 Funding Application: Cover Sheet SUBMISSION DEADLINE (FOR RECEIPT) IS: 12:00 P.M. (NOON) on Friday, December 30, 2016 Proj ect Name: Boys & Girls Club Capital Improvements Agency Name: Boys & Girls Clubs of the Cedar Valley Agency Mailing Address: 515 Lime Street, Waterloo, IA 50703 Iaura@cedarvalleyclubs.org Project Street Address (If Any) 515 Lime Street, Waterloo, IA 50703 Chuck Rowe Date Submitted: 12/30/2016 Priority Ranking: (Only Applicable to Multiple Applications from One Agency) chuckgcedarvalleyclub" e Funding Sources: Please indicate the assisted funding amount(s) you are requesting from respective sources. Also indicate the activity type of funding, (please code as "O" for Operations, "C" for Capital, "R" for Rehabilitation, and "A" for Acquisition - - - with any other types to be footnoted), and note if your request is one-time or multi-year (i.e., checkmark or "x"). Amount Activity Type One-year Multi-year CDBG $90,000 C X HOME Contact Person: Name: Laura Kann Phone: (319) 234-2839 Fax: (319) 235-5656 Email: Iaura@cedarvalleyclubs.org Person Legally Authorized to sign an Agreement: Name: Chuck Rowe Phone: (319) 234-2839 Fax (319) 235-5656 Email: chuckgcedarvalleyclub" e Applicant Signature (Please use BLUE INK) DUNS Number (required) 831369777 Fundinz Application: Explanation ofAcronyms CDBG Community Development Block Grant Program HOME HOME Investment Partnership Program (Note: "HOME" is not technically an acronym. Original intent for the program name was "Housing Opportunities Made Easy", but it was never officially incorporated.) 8 Page 93 of 149 Fundinz Application: Narrative Submission Deadline (For Receipt) is 12:00 P.M. (Noon) on Friday, December 30, 2016 Include Program/Project and Agency Name on each page of your application. It is anticipated that your narrative response should not exceed 3-4 pages. 1. Agency Description: Describe your organization including its mission, whether a certified Community Housing Development Organization (CHDO), private for profit, private non-profit or public organization, services provided and prior experience in administering grants and private contributions. If the applicant has not received HOME/CDBG funds in the past three years, please provide evidence of your organization's capacity, financial skills, commitment and/or experience to undertake and complete the proposed project within the established timetable and budget. Briefly ... who are you, where are you located, what is your purpose, and what is your experience? The mission of the Boys & Girls Clubs is to inspire and enable all young people, especially those who need us most, to reach their full potential as productive, caring, and responsible citizens. We are a non-profit organization that has been serving youth in Black Hawk county for 50 years. We are the area's only drop-in program serving an at -risk population in Waterloo. We provide after-school and summer programs for youth ages 6-18, 75% of whom are living at or below the poverty level. The Club has procedures in place to ensure both fiscal and programmatic guidelines are followed. Currently, the Club manages over $700,000 each year. The Board of Directors has extensive experience in overseeing finances. Our 24 member Board is comprised of business leaders and community stakeholders. Additionally, we have received CDBG funding in the past and have successful managed these funds to install a new boiler system and to complete a locker room remodeling project. 2. Program/Prosect Description: Describe the program / project (i.e., "activity") requesting assistance. Identify the grant amount requested and quantify the sources and uses of funds; either describe as part of narrative (if brief) or attach a budget summary in table format (if detailed) with appropriate unit itemization. Include your organization structure as it relates to any overhead cost for this proj ect. Specifically ... what is your proposal requesting assistance? The Boys & Girls Clubs of the Cedar Valley is requesting CDBG funding to make capital improvements to our main location at 515 Lime Street in Waterloo. This is our main site, which sees over 150 youth per day. The building is very old, and was not originally built as a Boys & Girls Club. As a result of both of these things, many improvements are needed to the building to continue to ensure a safe and fun environment for youth. 9 Page 94 of 149 These improvements include a new check-in area, including new front desk and cubby area for youth to place their belongings, updated games room area, updated bathrooms, updated classrooms and computer lab, and gymnasium and outdoor playground updates. The majority of these areas have not been updated in many years, and are highly outdated. The overall project budget for all improvements is $540,000; we are requesting $30,000 per year for three years from CDBG funding. The remaining amount will be raised through Boys & Girls Club fundraising activities. 1st Floor Corridor Area $42,800 -Modify corridor as required for new cubby check-in desk -Install new cubby p. lam check-in desk with half door, p. lam counter top, and solid surface transaction counter top -Remove existing countertop and transaction counter top at the welcome desk and replace with new p. lam counter top, and solid surface transaction counter top -Install new p. lam panels on the face of the existing welcome desk -Paint walls, hollow metal frames, and hollow metal doors -Demo acoustical ceiling tile and grid and replace with new -Run electrical to new cubby p. lam check-in desk 1st Floor Office Area $29,200 -Patch/repair drywall -Paint walls, hollow metal frames, and hollow metal doors -Demo acoustical ceiling tile and grid and replace with new -Office FF&E (includes $12,000 allowance) 1st Floor Games Room $67,800 -Demo/remove carpet flooring and replace with new -New LVT in bathroom -Patch/repair drywall -Paint walls, soffits, hollow metal frames, and hollow metal doors -Demo acoustical ceiling tile and grid and replace with new 2nd Floor Lounge Area $74,220 -Demo/remove carpet flooring and replace with new -New LVT in bathroom -Build half wall with steel studs, drywall, and solid surface top where the floor drops to eliminate trip hazard -Patch/repair drywall -Paint walls, soffits, hollow metal frames, and hollow metal doors -Demo acoustical ceiling tile and grid and replace with new 2nd Floor Games Area $71,900 -Demo/remove carpet flooring and replace with new -New LVT in bathroom -Remove existing windows that overlook gymnasium and infill with steel studs and drywall 10 Page 95 of 149 -Patch/repair drywall -Paint walls, soffits, hollow metal frames, and hollow metal doors -Demo acoustical ceiling tile and grid and replace with new 2nd Floor Classroom/PC Lab $27,400 -Demo/remove carpet flooring and replace with new -Demo half wall - Patch/repair drywall -Paint walls, soffits, hollow metal frames, and hollow metal doors -Demo acoustical ceiling tile and grid and replace with new Gymnasium Curtain Divider $31,670 -Remove existing fabric curtain divider and replace with new Gymnasium Acoustical Panels $31,200 -Install acoustical fabric wall panels Stairwells $21,700 -Paint walls, hollow metal frames, and hollow metal doors -Demo acoustical ceiling tile and grid and replace with new Exterior Playground Improvements $100,000 -Demo/remove existing playground equipment -Install approx. 2,000SF of rubber playground tiles on existing concrete pavement -Install new playground equipment (price includes $65,000 allowance for equipment) Kitchen $43,030 -Demo/remove existing p. lam countertops and casework -Paint walls, hollow metal frames, and hollow metal doors -Demo acoustical ceiling tile and grid and replace with new -Install new stainless steel wall & base cabinets and countertops (price includes $26,000 allowance for stainless steel wall & base cabinets and countertops) 3. Service Location: Identify the target population and/or the geographic area served, with description of facilities / location where services or improvements will be provided. If you are submitting a request for a Public Service, the service area (boundaries) must be included. Also, census tract data must be included to document that 51% of the population is low- income (less than 80% area median income). Who will you serve, or what will you improve, and where? The Boys & Girls Clubs of the Cedar Valley operates a 2 story, 23,000 square foot facility at 515 Lime Street in Waterloo. The Club includes a learning center, 2 computer labs, cafeteria/kitchen, teen center, games room, and a full sized gymnasium. Our target population is youth ages 6-18 who live in Waterloo. While we are open to all youth, the majority of the youth we serve come from the east side of Waterloo. 75% of the youth we serve are living at or below the poverty level, and 85% qualify for free and reduced 11 Page 96 of 149 lunch. The census tract surrounding the Club has a per capita income of just $6,517. 61% of the youth served are African-American, and we serve an equal number of males and females. 4. Document Needs: Explain what unmet need within the community will be addressed by your program / project (include supporting data if available). Include information on how your needs fit with the Five -Year Consolidated Plan, as posted on the Community Development website cityofwaterlooiowa. com/images/CommDevelopment/ConsolidatedPlanAnnualActionPlan What community need validates project funding? 1) Our growth in numbers has been outstanding. During the fall of 2010 our Waterloo site averaged 80 kids per day, the next year 100, the following year 120, and in the fall of 2016 we averaged over 150 kids per day, almost double. 2) Our programs have changed over the years. We have changed from a place that is known for simply keeping kids "off the streets" to a place that offers life changing programs. Of course we still play basketball and shoot pool, but at today's Club we also give homework assistance, offer computer classes, art classes, music lessons, character building programs, and much more. The 5 -year Consolidated Plan put forth by the city provides detail on where we want to see the improvements in the area of housing, rentals, and homelessness. Most notable are trends in improvement with household income vs poverty rates, which seem to be moving in a positive direction for the City. Indirectly the Boys & Girls Clubs of the Cedar Valley can play a role in that development. We have a variety of measurement outcomes which tell us: - 95% of our Members take part in our academic programs and/or homework assistance - 90% of our Members have rising or stable grades compared to the year before - A majority of our Club Members state that WE are the ones who remind them to attend college on a routine basis - On average, Members get better grades in school, attend school more often, and get in less trouble at school compared to those who do not attend the Club - 100% of Members go through classes which teach staying away from drugs and alcohol - Over 80% of our Members volunteer in the community because the Club taught them to It is this sort of college and career oriented programming that will better equip our Club Members, so they can look at high education, better jobs, and thus better income. Although this is a long term, no quick fix solution, it gives our community a resource in ending the cycle of poverty in the lives of the Club Members we impact. The Boys & Girls Club of the Cedar Valley is doing great work, but it is no secret that our facilities are old and run down. In order to keep attracting youth in Waterloo to our life changing programs, it is imperative that we make necessary improvements to our building. 12 Page 97 of 149 5. Please select one main objective, outcome and output indicator for the proposed project. Second, in a narrative, provide specific project indicators (i.e. number of households assisted, number of units to be rehabilitated, etc.) Include an estimate of* the number and type of* families that will benefit from the proposed activity. (single parent, 2 parent, elderly, etc.) NARRATIVE: The Boys & Girls Clubs of the Cedar Valley currently has over 800 registered Club members, and our Waterloo site serves over 150 youth per day. 6. Coordination of Effort: Describe how services will be coordinated with other community agencies. How will duplication of effort be avoided? Explain: The Boys & Girls Clubs of the Cedar Valley is the area's only drop-in program serving an at -risk population on the east side of Waterloo. While other after-school options such as daycare centers do exist, most come with them a fee that our families simply could not afford. Most of our youth would be home alone after-school if not for the Boys & Girls Club because there is really nowhere else for them to go. 7. Funding Justification: Describe your long-term strategy to sustain funding for this program/project with explanation about how requested assistance may be used to leverage other funding. If partial funds are awarded, will the program/project continue? Explain: With this project there is little sustainability issues after the updates are made. If partial funding is awarded, the first floor updates would be our priority. 13 Page 98 of 149 ® Sustainable Living Environment OBJECTIVE ❑ Decent Affordable Housing ❑ Create Economic Opportunities ❑ Availability/Accessibility OUTCOME ® Affordability ❑ Sustainability ® Persons OUTPUT ❑ Households INDICATOR ❑ Housing Units Second, in a narrative, provide specific project indicators (i.e. number of households assisted, number of units to be rehabilitated, etc.) Include an estimate of* the number and type of* families that will benefit from the proposed activity. (single parent, 2 parent, elderly, etc.) NARRATIVE: The Boys & Girls Clubs of the Cedar Valley currently has over 800 registered Club members, and our Waterloo site serves over 150 youth per day. 6. Coordination of Effort: Describe how services will be coordinated with other community agencies. How will duplication of effort be avoided? Explain: The Boys & Girls Clubs of the Cedar Valley is the area's only drop-in program serving an at -risk population on the east side of Waterloo. While other after-school options such as daycare centers do exist, most come with them a fee that our families simply could not afford. Most of our youth would be home alone after-school if not for the Boys & Girls Club because there is really nowhere else for them to go. 7. Funding Justification: Describe your long-term strategy to sustain funding for this program/project with explanation about how requested assistance may be used to leverage other funding. If partial funds are awarded, will the program/project continue? Explain: With this project there is little sustainability issues after the updates are made. If partial funding is awarded, the first floor updates would be our priority. 13 Page 98 of 149 For HOME funded projects, a 25% match is required. Explain how your organization will meet this match requirement. Explain: 8. Program/Proiect Schedule: Outline a timetable for the program/ project. When will activities be implemented? Explain: Fall 2017 9. Did you attend the Applicant Workshop? ® YES ❑ NO 10. Please list amount of CDBG and/or HOME funds received within the last three fiscal years and the status of the project(s) undertaken. (City fiscal year July 1- June 30) FISCAL YEAR FUNDS RECEIVED AWARDED AMOUNT AMOUNT EXPENDED (AS OF 10/31/16) DATE COMPLETED FYI (July 2014 - June 2015) $$60,000 $60,000 6/30/2015 FYI (July 2015 - June 2016) $20,000 $20,000 6/30/2016 FYI (July 2016 — June 2017) $ $ 7 11. Audit - one copy of your most recent audit must be submitted. If you do not get an annual audit, provide copies of your last three month's financial reports. 12. Copies of minutes from your last three most recent Board of Directors meetings. INCOME ELIGIBILITY CHART HOUSEHOLD SIZE ANNUAL INCOME 80% Area Median Income 1 F $36,650 2 F $41,850 3 1 $47,100 4 F $52,300 5 $56,500 6 $60,700 7 $64,900 14 Page 99 of 149 8 $69,050 Effective June 6, 2016 CHECKLIST OF REQUIRED DOCUMENTS This checklist is provided as a guide. Applicants may be required to provide these documents before your request is considered for funding. Please DO NOT submit these documents with your application, but have them available upon request. 1. Articles of Incorporation and Bylaws 2. State and Federal Tax Exemption Determination Letters 3. List of Board of Directors 4. Board of Directors' designation of authorized official 5. Organizational Chart 6. Resume of Program Administrator 7. Resume of Fiscal Officer 8. Conflict of Interest Policy 9. Documentation of Compliance with National Objectives 15 Page 100 of 149 Application 2018-fillableJ:ANANCY-G\Application process\Fiscal year 2018\Application 2018-fillable.docx 16 Page 101 of 149 CITY OF WATERLOO Council Communication Purchase of one (1) cargo van for the Traffic Operations Department City Council Meeting: 4/17/2017 Prepared: 4/12/2017 REVIEWERS: Department Traffic Operations ATTACHMENTS: Description a Bid Tab SUBJECT: Submitted by: Recommended Action: Reviewer Even, LeAnn Action Approved Type Backup Material Date 4/12/2017 - 4:49 PM Motion to receive and file proof of publication and notice of public hearing HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of specifications, bid document, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids and refer to Interim Public Works Director for review. Submitted By: Sandie Greco, Interim Public Works Director Recommend Approval The purchase of one new cargo van for the Traffic Operations Department Summary Statement: is a replacement for the 1995 cargo van presently being used for on -street traffic control configuration and programming. Replacement of this van was programmed in the 2017 Capital Improvement Plan. Expenditure Required: Estimate: $28,000.00 Background Information: Due to overall condition, age, mileage and corrosion issues, recommend replacement as per the equipment replacement plan. Page 102 of 149 PURCHASE OF (1) CARGO VAN FOR TRAFFIC DEPARTMENT Bid Tab: April 13, 2017 Estimate: $28,000 Bidder Bid Amount Bill Colwell Ford/Isuzu $29,802 Hudson, IA Page 103 of 149 CITY OF WATERLOO Council Communication Purchase of one (1) 2017 service truck for the Sewer Department. City Council Meeting: 4/17/2017 Prepared: 4/12/2017 REVIEWERS: Department Traffic Operations Clerk Office ATTACHMENTS: Description a Bid Tab SUBJECT: Submitted by: Recommended Action: Reviewer Even, LeAnn Even, LeAnn Action Approved Approved Type Backup Material Date 4/12/2017 - 4:47 PM 4/12/2017 - 4:47 PM Motion to receive and file proof of publication and notice of public hearing_ HOLD HEARING - No comments on file. Motion to close hearing and receive and file oral and written comments. Resolution confirming approval of plans, specifications, form of contract, etc. Resolution authorizing to proceed. Motion to receive, file and instruct the City Clerk to read bids and refer to Interim Public Works Director for review. Submitted By: Sandie Greco, Interim Public Works Director Recommend Approval Service vehicle to provide mobile applications for maintenance operations Summary Statement: both inside the plant operations as well as on -street requirements. Vehicle will provide full maintenance capability, with on -board systems including welding, crane, generator, air compressor as well as basic tool storage. Expenditure Required: Source of Funds Estimate $115,000.00 520-14-5200-2117 Department has been in need of a mobile maintenance vehicle to handle Background Information: maintenance requirements within plant and on -road applications such as lift stations, etc. This expense was identified and budgeted for in the current Department Operational Budget. Page 104 of 149 PURCHASE OF (1) SERVICE TRUCK FOR SEWER DEPARTMENT Bid Tab: April 13, 2017 Estimate: $115,000 Bidder Bid Amount Pritchard Auto Co. $119,141 Clear Lake, IA Pritchard Auto Co. $117,794.65 Clear Lake, IA Don's Truck Sales, Inc. $119,713 Fairbank, IA Ford/Stellar Don's Truck Sales, Inc. $119,714.24 Fairbank, IA (Ford/IMT) Page 105 of 149 CITY OF WATERLOO Council Communication Resolution accepting storm sewer easements from Manatts, Inc., for construction and maintenance of storm sewer pipes located along Highway 63, from Newell Street, southward to Highway 218, otherwise known as 84 West Mullan Avenue. City Council Meeting: 4/17/2017 Prepared: 4/12/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description D 84 West Mullan Reviewer Schroeder, Aric Even, LeAnn Action Approved Approved Type Cover Memo Date 4/12/2017 - 11:04 AM 4/12/2017 - 4:07 PM Page 106 of 149 Resolution accepting storm sewer easements from Manatts, Inc., for SUBJECT: construction and maintenance of storm sewer des located along Highway 63, from Newell Street, southward to Highway 218, otherwise known as 84 West Mullan Avenue. Submitted by: Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Approval The Iowa Department of Transportation has been actively obtaining right-of- way and easements related to the reconstruction of Highway 63 from Newell Street, southward to Highway 218. In December of 2016 IDOT entered into a purchase agreement with the Manatts, Inc. to obtain a storm sewer easement to construct and maintain storm sewer pipes. The property Summary Statement: at 84 W Mullan is shown on record as being in Manatts, Inc., IDOT obtained two signed easement agreements from the corporation. For purchase of the easements, they received $33,570 from IDOT. Though IDOT obtained the easements for the storm sewer, it is written into the easement agreement that is its hereby granted to the City of Waterloo for a permanent easement to construct and maintain storm sewer pipes. Expenditure Required: N/A Source of Funds: IDOT has already expended funds in the amount of $33,750 to then parties involved for the roadway easement. Policy Issue: Right of Way Alternative: N/A Page 106 of 149 The City and MOT have been working together to reconstruct Highway 63 Background Information: from Donald Street, southward to Highway 218. This particular area of Highway 63 from Newall Street to Highway 218. 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City Council Meeting: 4/17/2017 Prepared: 4/12/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 4/12/2017 - 10:56 AM Clerk Office Even, LeAnn Approved 4/12/2017 - 4:00 PM Resolution approving award of contract to Aspro, Inc., of Waterloo, Iowa in the amount of $7,699,490.74, and approving the Contract, Bonds, and SUBJECT: Certificate of Insurance for the FY 17 Street Reconstruction Pro ream (Division I + Alternate A + Divisions II, III, & IV), Contract No. 921; and authorize Mayor and City Clerk to execute said documents. Submitted by: Submitted By: Dennis Gentz, PE, Assistant City Engineer Expenditure Required: $7,699,490.74 Source of Funds: Local Option Sales Tax Sanitary Sewer Funds Page 112 of 149 CITY OF WATERLOO Council Communication Resolution approving a Development Agreement between Kwik Trip, Inc., and the City of Waterloo for the construction of a $1,850,000 convenience store and $760,000 car wash in the San Marnan TIF District at the intersection of Fisher Drive and Ansborough Avenue, offering seven (7) years of tax rebates at 85 percent for the first five years and 80 percent for the final two years, and authorize Mayor and City Clerk to execute all necessary documents. City Council Meeting: 4/17/2017 Prepared: 4/12/2017 REVIEWERS: Department Planning & Zoning Clerk Office ATTACHMENTS: Description Reviewer Schroeder, Aric Felchle, Kelley D Attachments - DA for Kwik Trip, Inc. Action Approved Approved Type Cover Memo Date 4/12/2017 - 11:04 AM 4/12/2017 - 4:34 PM Resolution approving a Development Agreement between Kwik Trip, Inca and the City of Waterloo for the construction of a $1,850,000 convenience store and $760,000 car wash in the San Marnan TIF District at the SUBJECT: intersection of Fisher Drive and Ansborough Avenue, offering seven (7) years of tax rebates at 85 percent for the first five years and 80 percent for the final two years, and authorize Mayor and City Clerk to execute all necessary documents. Submitted by: Submitted By: Noel Anderson, Community Planning & Development Director Recommended Action: Resolution approving Development Agreement The attached agreement will allow for continued development in the San Marnan corridor area, with the construction of a new $1,850,000 convenience store and $760,000 car wash, located at the southeast corner of Fisher Drive and Ansborough Avenue, just north of Highway 20 and adding $2,610,000 of taxable value to site. This is a two phase project, Summary Statement: with Phase I being the convenience store and Phase II being the car wash. This is a standard development agreement for the area, as the rebate amount is calculated to offer back the land value through future tax rebates. There is a minimum assessment agreement in this agreement that notes that the developer will maintain a taxable value of $1,500,000 for the convenience store and $500,000 for the carwash. Expenditure Required: N/A Page 113 of 149 Source of Funds: N/A Policy Issue: Economic Development Alternative: N/A This site is located in the San Marnan TIF District, which was put in place for development of this corridor. Kwik Trip, Inc. has invested in Waterloo with many new convenience stores and carwashes. The City's policy is to Background Information: reimburse for approximately 1 acre per 10,000 square foot of building or per a set amount of new taxable value per acre. This project meets the criteria. The City of Waterloo has economic development policies in place, and this project would meet the criteria for the development agreement as submitted. Phase I: Convenience Store - Lot 7, Country Club Business Center Legal Descriptions: Addition Phase II: Carwash - Lot 1, Country Club Business Center Addition Page 114 of 149 Preparer Information: Christopher S. Wendland PO Box 596 Waterloo Iowa 50704 319 234.5701 Name Address city Phone SPACE ABOVE THIS LINE FOR RECORDER DEVELOPMENT AGREEMENT Phased Development This Development Agreement (the "Agreement") is entered into as of , 2017 by and between Kwik Trip Inc., a Wisconsin corporation, (the "Company") and the City of Waterloo, Iowa (the "City" ). RECITALS A. City considers economic development within the City a benefit to the community and is willing for the overall good and welfare of the community to provide financial incentives so as to encourage that goal. B. Company is willing and able to finance and construct buildings and related improvements on property located in the San Marnan Development Plan area, generally located at the intersection of Ansborough Avenue and Fisher Drive, and legally described on Exhibit "A" attached hereto (the "Property„). AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: 1. Purchase of Property. Company has purchased the Property, consisting of assessor parcel nos. 8813-09-104-001 and 8813-09-101-013. 2. Improvements by Company. Company shall construct on the Property a convenience store and car wash, as depicted on Exhibit "B", and related parking, landscaping and other improvements to the buildings and grounds (collectively, the "Improvements"). The Improvements shall be constructed in accordance with all applicable City, state, and federal building codes and shall comply with all applicable City ordinances and other applicable law. It is contemplated that the Improvements will Page 115 of 149 have a total project cost of approximately $1,850,000 for Phase I and $760,000 for Phase 11, generally described as follows: Phase I: Convenience store Lot 7, Country Club Business Center Addition Phase 11: Car wash Lot 1, Country Club Business Center Addition The Property, the Improvements, and all site preparation and development -related work to make the Property usable for Company's purposes as contemplated by this Agreement are collectively referred to as the "Project". 3. Timeliness of Construction. The parties agree that Company's commitment to undertake the Project and to construct the Improvements in a timely manner constitutes a material inducement for the City to extend the development incentives provided for in this Agreement, and that without said commitment City would not do so. Company must obtain a building permit and begin construction on Phase I within four (4) months from the date of this Agreement and on Phase 11 within twelve (12) months following substantial completion of Phase 1. Construction of each phase shall be completed within twelve (12) months of its commencement (the "Phase Completion Date"). If Company has not obtained a building permit and begun in good faith the construction of the Improvements on the schedule set forth above, this Agreement may be cancelled at the sole option of City as to both phases or as to a single uncompleted phase. If development has commenced but is stopped and/or delayed as a result of an act of God, war, civil disturbance, court order, labor dispute, fire, or other cause beyond the reasonable control of Company or the developer, the requirement that construction is to be completed by the Phase Completion Date shall be tolled for a period of time equal to the period of such stoppage or delay, and thereafter if construction is not completed within the allowed period of extension the City may terminate this Agreement following the failure of Company or the developer to diligently undertake construction within thirty (30) days following written notice of default from City to Company. If at any time Company or the developer fails to diligently undertake construction and other activities necessary for completion of the Project, then City may terminate this Agreement following the failure of Company or developer to resume and diligently carry on construction within thirty (30) days following written notice of default from City to Company. 4. Utilities. Company will be responsible for extending water, sewer, telephone, telecommunications, electric, gas and other utility services to any location on the Property and for payment of any associated connection fees. 5. Minimum Assessment Agreement. Company acknowledges and agrees that it will pay when due all taxes and assessments, general or special, and all other charges whatsoever levied upon or assessed or placed against the Property. Company further agrees that prior to the date set forth in Section 2 of Exhibit "C" it will not seek or cause a reduction in the taxable valuation for the Property, which shall be fixed for assessment purposes, below the amount of $1,500,000 for the Phase I Page 116 of 149 property or below the amount of $500,000 for the Phase II property (in either case, as applicable, the "Minimum Actual Value"), through: either; (i) willful destruction of the Property, the Improvements, or any part of a request to the assessor of Black Hawk County; or (iii) any proceedings, whether administrative, legal, or equitable, with any administrative body or court within the City, Black Hawk County, the State of Iowa, or the federal government. Company agrees to sign said attached Exhibit "C". 6. Tax Rebates. Provided that Company has completed the Improvements as set forth herein and has executed the Minimum Assessment Agreement as set forth in Section 5, City agrees to rebate property tax (with the exceptions noted below) as follows: Year One Year Two Year Three Year Four Year Five Year Six Year Seven 85% rebate 85% rebate 85% rebate 85% rebate 85% rebate 80% rebate 80% rebate for any taxable value over the January 1, 2016 value of $350,000 for the Phase I property and $259,150 for the Phase II property. Rebates are payable in respect of a given year only to the extent that Company has actually paid general property taxes due and owing for such year. To receive rebates for a given year, Company must, within twelve (12) months after the tax payment due date, submit a completed rebate request to City on the form provided by or otherwise satisfactory to City. The taxable value of the Property as a result of the Improvements must be increased by a minimum of 10% and must increase the annual tax by a minimum of $500.00. This rebate program is not applicable to any special assessment levy, debt service levy, or any other levy that is exempted from treatment as tax increment financing under the provisions of applicable law. The first year of in which a rebate may be given ("Year One") with respect to a particular phase property shall be the first full year for which the assessment is based upon the completed value of the Improvements for that phase property and not a prior year for which the assessment is based solely upon the value of the land or upon the value of the land and a partial value of the Improvements, due to partial completion of the Improvements or a partial tax year. Page 117 of 149 7. Representations and Warranties of City. City hereby represents and warrants as follows: A. City is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Each person who executes and delivers this Agreement and all documents to be delivered hereunder is and shall be authorized to do so on behalf of City. 8. Representations and Warranties of Company. Company hereby represents and warrants as follows: A. Company is not prohibited from consummating the transaction contemplated in this Agreement by any law, regulation, agreement, instrument, restriction, order or judgment. B. Company is duly organized, validly existing, and in good standing under the laws of the state of its organization and is duly qualified and in good standing under the laws of the State of Iowa. C. Company has full right, title, and authority to execute and perform this Agreement and to consummate all of the transactions contemplated herein, and each person who executes and delivers this Agreement and all documents to be delivered to City hereunder is and shall be authorized to do so on behalf of Company. 9. Materiality of Company's Promises, Covenants, Representations, and Warranties. Each and every promise, covenant, representation, and warranty set forth in this Agreement on the part of Company to be performed is a material term of this Agreement, and each and every such promise, covenant, representation, and warranty constitutes a material inducement for City to enter this Agreement. Company acknowledges that without such promises, covenants, representations, and warranties, City would not have entered this Agreement. Upon breach of any promise or covenant, or in the event of the incorrectness or falsity of any representation or warranty, City may, at its sole option and in addition to any other right or remedy available to it, terminate this Agreement and declare it null and void. 10. Notices. Any notice under this Agreement shall be in writing and shall be delivered in person, by overnight air courier service, by United States registered or certified mail, postage prepaid, or by facsimile (with an additional copy delivered by one of the foregoing means), and addressed: (a) if to City, at 715 Mulberry Street, Waterloo, Iowa 50703, facsimile number 319-291-4571, Attention: Mayor, with copies to the City Attorney and the Community Planning and Development Director. 4 Page 118 of 149 (b) if to Company, at 1626 Oak Street, La Crosse, WI 54603, facsimile number 608-793-6120, Attn: Legal Department. Delivery of notice shall be deemed to occur (i) on the date of delivery when delivered in person, (ii) one (1) business day following deposit for overnight delivery to an overnight air courier service which guarantees next day delivery, (iii) three (3) business days following the date of deposit if mailed by United States registered or certified mail, postage prepaid, or (iv) when transmitted by facsimile so long as the sender obtains written electronic confirmation from the sending facsimile machine that such transmission was successful. A party may change the address for giving notice by any method set forth in this section. 12. No Joint Venture. Nothing in this Agreement shall, or shall be deemed or construed to, create or constitute any joint venture, partnership, agency, employment, or any other relationship between the City and Company nor to create any liability for one party with respect to the liabilities or obligations of the other party or any other person. 13. Amendment, Modification, and Waiver. No amendment, modification, or waiver of any condition, provision, or term of this Agreement shall be valid or of any effect unless made in writing, signed by the party or parties to be bound or by the duly authorized representative of same, and specifying with particularity the extent and nature of the amendment, modification, or waiver. Any waiver by any party of any default by another party shall not affect or impair any rights arising from any subsequent default. 14. Severability. Each provision, section, sentence, clause, phrase, and word of this Agreement is intended to be severable. If any portion of this Agreement shall be deemed invalid or unenforceable, whether in whole or in part, the offending provision or part thereof shall be deemed severed from this Agreement and the remaining provisions of this Agreement shall not be affected thereby and shall continue in full force and effect. If, for any reason, a court finds that any portion of this Agreement is invalid or unenforceable as written, but that by limiting such provision or portion thereof it would become valid and enforceable, then such provision or portion thereof shall be deemed to be written, and shall be construed and enforced, as so limited. 15. Captions. All captions, headings, or titles in the paragraphs or sections of this Agreement are inserted only as a matter of convenience and/or reference, and they shall in no way be construed as limiting, extending, or describing either the scope or intent of this Agreement or of any provisions hereof. 16. Binding Effect. This Agreement shall be binding and shall inure to the benefit of the parties and their respective successors, assigns, and legal representatives. Page 119 of 149 17. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original and all of which, taken together, shall constitute one and the same instrument. 18. Entire Agreement. This Agreement, together with the exhibits attached hereto, constitutes the entire agreement of the parties and supersedes all prior or contemporaneous negotiations, discussions, understandings, or agreements, whether oral or written, with respect to the subject matter hereof. 19. Time of Essence. Time is of the essence of this Agreement. IN WITNESS WHEREOF, the parties have executed this Development Agreement by their duly authorized representatives as of the date first set forth above. CITY OF WATERLOO, IOWA Quentin M. Hart, Mayor Attest: Kelley Felchle, City Clerk STATE OF IOWA ) )ss. COUNTY OF BLACK HAWK } Kwik Trip Inc 01 By: Title: CSE`, rrer�tr�r On this day of , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Notary Public Page 120 of 149 STATE OF WISCONSIN ) ss. COUNTY OF LA CROSSE ) Acknowledged before me on p (+ I -1 , 2017 by .7ef reg Abe i as \fV1, (-Vo of Kwik Trip Inc. fir" 9g�FP �- r� axh Notary Public �j'{ Page 121 of 149 EXHIBIT "A" Legal Description of Property Phase I Property: Lot 7, Country Club Business Center Addition, City of Waterloo, Black Hawk County, Iowa. Also described in the Retracement Survey of Lot 1 & Lot 7, of Country Club Business Center Addition to the City of Waterloo, Black Hawk County, Iowa, recorded in Black Hawk County, Iowa on August 15, 2016 as File No. 2017- 00003022. Phase 11 Property: Lot 1, Country Club Business Center Addition, City of Waterloo, Black Hawk County, Iowa. Also described in the Retracement Survey of Lot 1 & Lot 7, of Country Club Business Center Addition to the City of Waterloo, Black Hawk County, Iowa, recorded in Black Hawk County, Iowa on August 15, 2016 as File No. 2017- 00003022. Page 122 of 149 EXHIBIT "B" Depiction of Improvements See plans and sketches attached hereto. Page 123 of 149 - vmoi `009H317M X96 R CLr 695 B!l015 33N3{N3AIV0� . "QNffi LfIOAVI 311S IIVH3AO ami a sl I l i l e° a Page 124 of 149 �= H_ �! a 7dAlolowd C 1300130 � s ' w oEWO31M F17 M R Page 125 of 149 R v C �QQoo Q❑Q❑❑❑ rc 0 z a U J i a Page 126 of 149 EXHIBIT "C" MINIMUM ASSESSMENT AGREEMENT This Minimum Assessment Agreement (the "Agreement") is entered into as of , 2017, by and among the CITY OF WATERLOO, IOWA ("City"), Kwik Trip Inc. ("Company"), and the COUNTY ASSESSOR of the City of Waterloo, Iowa ("Assessor"). WITNESSETH: WHEREAS, on or before the date hereof the City and Company have entered into a development agreement (the "Development Agreement") regarding certain real property, described in Exhibit "A" thereto, located in the City; and WHEREAS, it is contemplated that pursuant to the Development Agreement, the Company will undertake the development of an area ("Project") within the City and within the San Marnan Development Plan Area; and WHEREAS, pursuant to Iowa Code § 403.6, as amended, the City and the Company desire to establish a minimum actual value for the land and the building(s) pursuant to this Agreement and applicable only to the Project, which shall be effective upon substantial completion of the Project and from then until this Agreement is terminated pursuant to the terms herein and which is intended to reflect the minimum actual value of the land and buildings as to the Project only; and WHEREAS, the City and the Assessor have reviewed the preliminary plans and specifications for the improvements (the "Improvements") which the parties contemplate will be erected as a part of the Project. NOW, THEREFORE, the parties hereto, in consideration of the promises, covenants, and agreements made by each other, do hereby agree as follows: 1. Upon substantial completion of construction of the Improvements by the Company, the minimum actual taxable value which shall be fixed for assessment purposes for the land and Improvements to be constructed thereon by the Company as a part of the Project shall not be less than $1,500,000 for the Phase I property and not less than $500,000 for the Phase II property (in either case, as applicable, the "Minimum Actual Value") until termination of this Agreement. The parties hereto agree that for purposes of this Agreement the construction of the Improvements will be substantially completed on or before the following dates: Phase I December 31, 2017 Phase II December 31, 2018 Page 127 of 149 2. The Minimum Actual Value herein established shall be of no further force and effect, and this Minimum Assessment Agreement shall terminate, on December 31, 2032. Nothing herein shall be deemed to waive the Company's rights under Iowa Code § 403.5, as amended, to contest that portion of any actual value assignment made by the Assessor in excess of the Minimum Actual Value established herein for a given phase area. In no event, however, shall the Company seek or cause the reduction of the actual value assigned below the Minimum Actual Value established herein for a phase area during the term of this Agreement. 3. This Agreement shall be promptly recorded by the City with the Recorder of Black Hawk County, Iowa. The City shall pay all costs of recording. 4. Neither the preambles nor provisions of this Agreement are intended to, or shall be construed as, modifying the terms of the Development Agreement. 5. This Agreement shall inure to the benefit of and be binding upon the successors and assigns of the parties, including but not limited to future owners of the Project property. CITY OF WATERLOO, IOWA Kwik Trip Inc Quentin M. Hart, Mayor Title: Attest: Kelley Felchle, City Clerk STATE OF IOWA ) ss. COUNTY OF BLACK HAWK ) On this day of , 2017, before me, a Notary Public in and for the State of Iowa, personally appeared Quentin M. Hart and Kelley Felchle, to me personally known, who being duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waterloo, Iowa, a municipal corporation, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said municipal corporation, and that said instrument was signed and sealed on behalf of said municipal corporation by authority and resolution of its City Council, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said municipal corporation by it and by them voluntarily executed. Page 128 of 149 Notary Public STATE OF ) ) ss. COUNTY OF ) Acknowledged before me on , 2017 by as of Kwik Trip Inc. Notary Public Page 129 of 149 CERTIFICATION OF ASSESSOR The undersigned, having reviewed the pians and specifications for the improvements to be constructed and the market value assigned to the land upon which the improvements are to be constructed for the development, and being of the opinion that the minimum market value contained in the foregoing Minimum Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned Assessor, being legally responsible for the assessment of the property subject to the development, upon completion of improvements to be made on it and in accordance with the Minimum Assessment Agreement, certifies that the actual value assigned to such land and building upon completion of the development shall not be less than One Million Five Hundred Thousand Dollars ($1,500,000) with respect to the Phase I property and no less than Five Hundred Thousand Dollars ($500,000) with respect to the Phase II property. Assessor for Black Hawk County, Iowa Date STATE OF IOWA } ) ss. COUNTY OF BLACK HAWK ) Subscribed and sworn to before me on , 2017, by T.J. Koenigsfeld, Assessor for Black Hawk County, Iowa. Notary Public Page 130 of 149 CITY OF WATERLOO Council Communication Motion approving Final Quantity Summary for a net increase of $13,407.00 for the FY 2016 11th Street Bridge Deck Joint Repairs, Contract No. 890 and authorize the Mayor and City Clerk to execute said document. City Council Meeting: 4/17/2017 Prepared: 4/12/2017 REVIEWERS: Department Reviewer Action Date Engineering Thorson, Eric Approved 4/12/2017 - 11:00 AM Clerk Office Felchle, Kelley Approved 4/12/2017 - 4:34 PM ATTACHMENTS: Description Type ❑ Cont 890_Final Qty Summary Cover Memo Motion approving Final Quantity Summary for a net increase of $13,407.00 SUBJECT: for the FY 2016 11th Street Bridge Deck Joint Repairs, Contract No. 890 and authorize the Mayor and City Clerk to execute said document. Submitted by: Submitted By: Wayne Castle, PLS, PE, Associate Engineer This is the accumulated amount of adjustments from original to final Summary Statement: quantities that were determined necessary during the construction of the project, which results in an increase to the total project cost. Source of Funds GO Bonds Page 131 of 149 CITY OF WATERLOO, IOWA FINAL QUANTITY ADJUSTMENT PROJECT: F.Y. 2016 11th STREET BRIDGE DECK JOINT REPAIRS CONTRACT NO. 890 Date Prepared: March23,2017 AMOUNT: $13,407.00 INCREASE TO: PETERSON CONTRACTORS,_ INC. _ , Contractor You are hereby ordered to make the following changes from the plans and specifications or perform the following extra work on your contract dated JULY 13, 2015. A. Description of change to be made or extra work to be done: Adjust original construction quantities to actual construction quantities. B. Reason for ordering change or extra work: As -built quantities varied for some bid items C. Settlement for cost of work to be made as follows: Compensation already made to contractor through bid items. See attached summary. TOTAL INCREASE $13,407.00 BY: PETERSON CONTRACTORS INC. Mayor Date CONTRACTOR Date ATTEST: TITLE: City Clerk Date APPROVED: City Engineer Date Final Quantity Adjustment Cont. #890 Sheet 1 of 2 Page 132 of 149 F.V. 2016 lith STREET BRIDGE DECK JOINT REPAIRS FINAL CONTRACT NO. 890 PERIOD: Due 30 Days from date of acceptance of work Bid Item Bid Item Description Units Original Bid Quantity Final Quantity -Quantity . 4ifferefice PCI Unit Price PCI Unit Price Extended Increase / Decrease 1 Removals, As Per Plan LS 1.0 1.0 0.0 - $ 18,000.00 $ 18,000.00 $ 2 Structural Concrete (Miscellaneous) CY 10.3 10.3 _ °'0.0 ` $ 1,020.00 $ 10,506.00 $ 3 Reinforcing Steel, Epoxy Coated LB 1,991.0 1,991.0 0.0 $ 2.75 $ S,475.25 $ 4 Structural Steel LB 1,050.0 1,050.0 0.0.$ 16.50 $ 17,325.00 $ 5 Steel Extrusion Joint with Neoprene LF 126.0 126.0 0.0' $ 475.00 $ 59,850.00 $ 6 Neoprene Gland Installation and Testing LF 126.0 126.0 0.0` $ 49.75 $ 6,268.50 $ 7 Safety Closure EACH 4.0 4.0 0.0. `. $ 250,00 $ 1,000.00 $ 8 Traffic Control LS 1.0 1.0 O.a 1 $ 3,00010 $ 3,000.00 $ 9 Mobilization LS 1.0 1.0 0.0: $ 7,000.00 $ 7,000.00 $ 10 Repair Lateral Bracing (Quantity Adjustment) EACH 14.0 14.0 0.0 .: $ 1,905.00 $ 26,670.00 $ 1-1 Trail Closure Under Bridge L$ 1.0 1.0 0.0 $ 300.00 $ 300.00 $ 2-1 Bridge Approach Sidewalk Remove and Replace LS 1.0 1.0 0.0 $ 150.00 $ 150,00 $ 3-1 Bridge Approach Pavement Remove and Replace LS 1.0 1.0 0.0 ' $ 7,242.00 $ 7,242.00 $ 4-1 Repair Lateral Bracing (Quantity Adjustment) EACH 3,0 3.0 0,0 A $ 1,905.00 $ 5,715.00 $ $ 168,50175 $ TOTAL ORIGINAL CONTRACT AMOUNT $ TOTAL PAY ESTIMATE #1 $ 119,695.77 PAY ESTIMATE #2 $ 31,955.81 RETAINAGE $ 16,850.17 TOTAL PAYMENTS $ 166,501.7S TOTAL ORIGINAL CONTRACT AMOUNT $ 155,094.75 CHANGE ORDER#1 (ITEM 1-1) $ 300.00 CHANGE ORDER #2 (ITEM 2-1) $ 150.00 CHANGE ORDER #3 (ITEM 3-1) $ 7,242.00 CHANGE ORIDER #4 (ITEM 4-1) $ 5,715.00 NEW CONTRACT AMOUNT $ 168,501.75 FINAL NEW CONTRACT AMOUNT 1 $ 168,501.75 FINAL QUANTITY SUMMARY is FINAL CONTRACT AMOUNT 1 $ 168,501.75 FINAL QTY. AD). Cont, #890 Sheet 2 Of 2 Page 133 of 149 CITY OF WATERLOO Council Communication Resolution approving completion of project and recommendation of acceptance of work for work performed by Peterson Contractors, Inc., of Reinbeck, Iowa, at a total cost of $168,501.75, for the FY 2016 11th Street Bridge Deck Joint Repairs, Contract No. 890, and receive and file two-year maintenance bond. City Council Meeting: 4/17/2017 Prepared: 4/12/2017 REVIEWERS: Department Engineering Clerk Office ATTACHMENTS: Description Reviewer Thorson, Eric Felchle, Kelley ❑ Cont 890 Maint Bond Action Approved Approved Type Cover Memo Date 4/12/2017 - 11:01 AM 4/12/2017 - 4:34 PM Resolution approving completion of project and recommendation of acceptance of work for work performed by Peterson Contractors, Inc., of SUBJECT: Reinbeck, Iowa, at a total cost of $168,501.75, for the FY 2016 11th Street Bridge Deck Joint Repairs, Contract No. 890, and receive and file two-year maintenance bond. Submitted by: Submitted By: Eric Thorson, PE, City Engineer Peterson Contractors, Inc. has completed the above referenced project in accordance with the plans and specifications. Summary Statement: Transmitted also to the Clerk's Office is the Maintenance Bond that guarantees to remedy any defects in workmanship or materials that may develop in said work within a period of two (2) years from the date of the acceptance of the work under said contract. Source of Funds GO Bonds Page 134 of 149 MAINTENANCE BOND Dond No. 106289815 KNOW ALL MEN BY THESE PRESI3NTS: That, Peterson Contractors, Inc. of Eeirl=J IA as Princip;sl, avid the Travelers Casualty and Surety Company of America as Surety, are held and firmly bound unto City of Waterloo in the penal wtn of one Hundred Sixty Fight Thousand Five Hundred One Dollars and 751100 168,501.75 ) Dollars. lawful money of the United States of America, for the payment of which, wall and truly to be made, the Principal and Surety bind themselves, their and each of their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these prCaents. Whereas, the said Principal entered into a certain contract. with City of Waterloo To furnish all the materiat and labor necessary for the construction of 11 th Street [fridge Deck Joint Repairs in Waterloo, IA In conformity with cortain Spec i 5cwl Otis; and Whereas, a further cundition of said contract is that tho said Principal should furnish a bond in indemnity, guaranteeing to remedy any defects in workmanship or materials that may develop in said work within a period of Two ( 2 ) years from the data: of accepranco of the work under said contract, and Whereas, the; said Travelers_ Casualty and Sure!y Company of America for a valuable consideration, has agreed to,join with said Principal Iti such bond or guarantec. Indcmnify;ng said City of Waterloo Now, thereforo, the condition of this obligation is such, that if the Laid Principal shall, at his own cost and expense, remedy any and alt defects that may develop in said work within the petiod of Two ( 2 ) years t'rom the date of acceptance of tho work under said contract, by reason of bad workmanship or poor material used in the consttucaion of said work, and shall keep all work in continuous resod repair during said period, and shall in all other respects, comply with all the terms and conditiotas of said contract with respect to maintenances and repair of said work, then this obligation to be null and void; otherwise tD be and remain In full force and virtue in law. In Witness whereof, we have hereunto set our hands and ycals this day of January „ 02016 Peterson Con re By: 5th Inc. and Surety Company of AmEri reels v tlrR!�OR% � 7�Attorney-Irl-f-aL .�•�1 J ^`A+s•w' «'`tip tr� Page 135 of 149 WARNING: THIS POWER OF ATTORNEY IS INVALID W{THOUT THE RED BORDER A POWER OF ATTORNEY H� � Q k iI V?S Farmington Casualty Company St. Paul Mercury Insurance Company Fidelity and Guaranty Insurance Company Travelers Casualty and Surety Company Fidelity and Guaranty Insurance Underwriters, Inc. T-avelers Casualty and Surety Company of America St. Paul Fire and Marine Insurance Company United States Fidelity and Guaranty Company St. Paul Guardian Insurance Company Attorney -In Fact No. 226103 Certificate No. 006972987 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, 'Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Craig E. Hansen, Jay D. Freiermuth, Brian M. Deimeriy, Cindy Bennett, Anne Crowner, Tim McCulloh, Stacy Venn, Lacey Cramblit, Shirley S. Bartenhagen, and Dione R. Young of the City of West Des Moines , State of Iowa , their true and lawful Attorneys) -in -Fact, each in their separate capacity if more than one is named above, to sign, execute, sea] and acknowledge any and all bonds, recogniztnces, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings a]lowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of September 2016 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company 13th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company GFSU,rrh nHT"� J f�R 6 y tl�R..', L9 �{;p�'IHSVAq -^4 OP TY AkG 8 �= 04P'RIr A GTY-pc-._ �4 ��pIX �0�A 1M1Y jG, .. Gp x � `° MAATFORO, R e4VlRtF61�],i'�" a �Opilfo • t f 1�5} = y:SEAG o '�: I m CONN. ncc:lrf.� in ff396 t 114sor "FFG.................b ey ape '2+ o�� agf �o"•a. yx Re vo �n AIN State of Connecticut City of Hartford ss. ft r c By:- L, Robert L. Raney, Senior Vice President On this the Pith day of September 2016 , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer, In Witness Whereof, I hereunto set my hand and official seat." 1411 y r \t1 K/" `� ✓ My Conmussion expires the 30th day of lune, 2021. a F'Uk 1 i€, Marie C. Tetreautt, Notary Public 58440-5-16 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER Page 137 of 149 OF ATTORNEY IS INVALID WITHOUT THE RED BORDER This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St, Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys -in -Fact and Agents to act for and on behalf Of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary; and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature, of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and scaled with the Company's seal by a Secretary of Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys -in -Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any Stich power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in (lie future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Pact] Guardian Insurance Company, St. Paul Mercury I€nsu-ance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaran€y Company do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not been revoked. 5th IN TESTIMONY WHEREOF, I have hereunto se[ my hand and affixed the seals of said Companies this day of January -,20 16 el�- A/4� Kevin E. Hughes, Assistant Sect tuy r a 4 a "e a s oP o Wn�ana f}i<Y'WO `�yicrtiab £- �9.r]f ? o.g ��SEALio�� 'SEAL °' i CAHH. aOGwf. s n 1886 A G �l�x Aµ� S nw� 61 Fa sre� 'tel AtiiEP• To verify the authenticity of this Power of Attorney, call 1-8110-423-3880 ur contact its at www,travel4-rshotid.coni. Please refer to the Attorney -In -Fact number, the above-nanned individuals and the details of the bond to which the power is attached. THE RED BORDER Page 138 of 149 CITY OF WATERLOO Council Communication Resolution authorizing the Management Information Systems Department to seek proposals for upgrading the Public Access Studio to High Definition Technology. City Council Meeting: 4/17/2017 Prepared: 4/12/2017 REVIEWERS: Department Reviewer Action Date Information Services Felchle, Kelley Approved 4/12/2017 - 4:33 PM ATTACHMENTS: Description Type ❑ Public Access Studio Upgrades Backup Material ❑ Public Access Studio Upgrades Doc. 2 Backup Material Resolution authorizing the Management Information Systems Department to SUBJECT: seek proposals for upgrading the Public Access Studio to High Definition Technology. Submitted by: Submitted By: Chris Youngblut, Director of Information Technology Recommended Action: Approval Upgrade of the current standard definition system to high definition will be a Summary Statement: combination of design, new equipment and implementation. An integral piece will be the capability to integrate with existing equipment in the Council Chambers and Conference Room. Expenditure Required: $90,000 - 115,000 Estimate Source of Funds: 412 Bond Funds Alternative: Deny and remain unable to produce and broadcast in high definition. Page 139 of 149 City of Waterloo, Iowa Request for Proposal City of Waterloo, Iowa Public Access Studio High Definition Upgrades April 17, 2017 1. Introduction The City of Waterloo, Iowa has initiated a Request for Proposal (RFP) process to identify a vendor qualified to design and upgrade the current Public Access Studio to High Definition capability. The City of Waterloo requires a vendor with demonstrated experience in design and implementation of high definition equipment and studio production. 2. Organization Background The City of Waterloo, Iowa is a thriving community, rich in agricultural development manufacturing, and cultural diversity located on the banks of the Cedar River. Waterloo offers advantages of big city living as it cherishes its farming roots as a small Midwestern town. Waterloo is Iowa's sixth largest city with a population of 68,406; it is also the county seat of Black Hawk County. 3. Proposed Timeline/Budget Proposals should be sent to: City of Waterloo Attn: Chris Youngblut, IT Director 715 Mulberry St. Waterloo, IA 50703 chris.young blut(a)-waterloo-ia.org All proposals should be submitted no later than 5:00 PM on April 25th, 2017. Proposals should include itemized equipment costs, design and implementation costs, design layout, and proposed implementation timeline. 4. Minimum Technical Requirements • New HD switcher Page 140 of 149 • 4 HD cameras to be used in Public Access Studio or in the field for off-site meetings or other recordings. • 32" Multi-view monitor • Digital audio system • New HD video servers for program playback for our Government and Public Access channels • Ability to playback DVD or other Non -HD video source during meetings. • HD Video player for control room for video playback during meetings. • Ability to integrate with existing equipment in council chambers and studio. 5. Decision Process Proposals will be evaluated based on the following criteria a) System Design / Layout Schematics b) Knowledge of Public and Government Television access needs. c) Ability to work around live meeting schedule d) Qualifications and experience of vendor e) Cost, although important will not be the deciding factor. f) References g) Recommendation of selected vendor will be sent to council for approval on or about May 1, 2017. • This Request for Proposals does not commit the City of Waterloo to award a contract, to pay for costs incurred in the preparation of the proposal, or to procure or contract the services or equipment. The City of Waterloo reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or its entirety the Request for Proposals if it is in the best interest of the City. Questions may be directed to: Chris Youngblut Director of Information Technology chris.youngblut@waterloo-ia.org Page 141 of 149 City of Waterloo, Iowa Request for Proposal City of Waterloo, Iowa Public Access Studio High Definition Upgrades April 17, 2017 1. Introduction The City of Waterloo, Iowa has initiated a Request for Proposal (RFP) process to identify a vendor qualified to design and upgrade the current Public Access Studio to High Definition capability. The City of Waterloo requires a vendor with demonstrated experience in design and implementation of high definition equipment and studio production. 2. Organization Background The City of Waterloo, Iowa is a thriving community, rich in agricultural development manufacturing, and cultural diversity located on the banks of the Cedar River. Waterloo offers advantages of big city living as it cherishes its farming roots as a small Midwestern town. Waterloo is Iowa's sixth largest city with a population of 68,406; it is also the county seat of Black Hawk County. 3. Proposed Timeline/Budget Proposals should be sent to: City of Waterloo Attn: Chris Youngblut, IT Director 715 Mulberry St. Waterloo, IA 50703 chris.youngblutawaterloo-ia.org All proposals should be submitted no later than 5:00 PM on April 251h, 2017. Proposals should include itemized equipment costs, design and implementation costs, design layout, and proposed implementation timeline. 4. Minimum Technical Requirements • New HD switcher Page 142 of 149 • 4 HD cameras to be used in Public Access Studio or in the field for off-site meetings or other recordings. • 32" Multi-view monitor • Digital audio system • New HD video servers for program playback for our Government and Public Access channels • Ability to playback DVD or other Non -HD video source during meetings. • HD Video player for control room for video playback during meetings. • Ability to integrate with existing equipment in council chambers and studio. 5. Decision Process Proposals will be evaluated based on the following criteria a) System Design / Layout Schematics b) Knowledge of Public and Government Television access needs. c) Ability to work around live meeting schedule d) Qualifications and experience of vendor e) Cost, although important will not be the deciding factor. f) References g) Recommendation of selected vendor will be sent to council for approval on or about May 1, 2017. • This Request for Proposals does not commit the City of Waterloo to award a contract, to pay for costs incurred in the preparation of the proposal, or to procure or contract the services or equipment. The City of Waterloo reserves the right to accept or reject any or all proposals received as a result of this request, to negotiate with any qualified source, or to cancel in part or its entirety the Request for Proposals if it is in the best interest of the City. Questions may be directed to: Chris Youngblut Director of Information Technology chris.youngblut@waterloo-ia.org Page 143 of 149 CITY OF WATERLOO Council Communication Resolution approving contract with Strand Associates to update facility plan and prepare a Nutrient Reduction Study, in an amount not to exceed $214,000, and authorize Mayor to execute said document. City Council Meeting: 4/17/2017 Prepared: 4/12/2017 REVIEWERS: Department Reviewer Waste Management Felchle, Kelley ATTACHMENTS: Description ❑ Agreement ❑ Council Communication Action Approved Type Backup Material Backup Material Date 4/12/2017 - 4:33 PM Resolution approving contract with Strand Associates to update facilitesplan SUBJECT: and prepare a Nutrient Reduction Study, in an amount not to exceed $214,000, and authorize Mayor to execute said document. Submitted by: Submitted By: Steven Hoambrecker, Director Waste Management Services Recommended Action: Approval. Summary Statement: Please see attached Memo to Mayor and Council. 5 Year Master Plan service fee - Not to exceed $150,000. Expenditure Required: Possible additional service fees - Not to exceed $39,000. W WTP related operational fees - not to exceed $25,000. Source of Funds Budgeted expenditure - SW - 520-14-5200-2103 Page 144 of 149 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director April 12, 2017 Memo to mayor and city council RE: Engineering contract with Strand Associates, Inc. Background: As part of the city's new WWTP NPDES permit issues in April 2016 the City is required to have a Nutrient Reduction evaluation for the city's wastewater treatment plant completed by April 2018. Request For Qualifications (RFQ) were sent out to 5 engineering firms on 2-15-17. Three proposals were received. One firm elected not to submit and 2 firms joined forces. The RFQ's were reviewed by a committee made up from city staff. The unanimous choice from all committee members was Strand Associates. An agreement has been drawn up based upon the proposed services to be provided and is being presented to the city council for approval on Monday 4-17-18. Discussion- Fees: The city must have a Nutrient Reduction Study completed to remain in compliance with our facility's NPDES permit. It was determined from submitted proposal that Strand was the most qualified. Subsequently a scope of services has been prepared. The scope involves analyzing the condition and capacity of the plant making recommendations to provide compliance with associated regulations. As part of this project, the consultant will prepare a master plan determining and outlining needed plant improvements for the next 5 + years. The base fee for these services is not to exceed $150,000. Additionally, the agreement includes additional scope of services and pricing for several aspects not felt needed at the time of commencing this agreement, but could possibly need to be addressed could be required. These services would not exceed $39,000. In addition, the agreement includes an Operational Assistance Component that will only be implemented if needed. We have an existing agreement with AECOM for various engineering assistance in which currently WWTP related operational aspects are included. What this agreement will do is now have those types of services provided by Strand as they will be most familiar with operational aspects of the plant operations. These services would not exceed $25,000. These fees will be incurred in current FY17 and FY18 and are budgeted from: Sewer Fund- 520- 14-5200-2103, Engineering and Consulting Services. Page 145 of 149 CITY OF WATERLOO Council Communication Resolution approving Renegotiated Contract for the period April 1, 2017 through March 31, 2018 by and between Planergy Waterloo, LLC and the City of Waterloo, Iowa. City Council Meeting: 4/17/2017 Prepared: 4/13/2017 REVIEWERS: Department Reviewer Action Date Waste Management Even, LeAnn Approved 4/13/2017 - 12:56 PM ATTACHMENTS: Description Type ❑ Planergy Revision Memo Cover Memo D Renegotiated Contract Agreement Cover Memo Resolution approving Renegotiated Contract for the period April 1, 2017 SUBJECT: through March 31, 2018 by and between Planergy Waterloo, LLC and the City of Waterloo, Iowa. Submitted by: Submitted By: Steven Hoambrecker, Director Waste Management Services Recommended Action: Approval. Due to continuing decline in biogas prices, Planergy wishes to re -negotiate Summary Statement: mmbtu price paid to the City currently from $.50 to $.10 per mmbtu for one year for the first 130,000 mmbtu and the price increasing to $.20 per mmbtu for all gas produced after that. Expenditure Required: Loss of revenue. For the short term, it appears that this is going to be the best deal the City can accept. With the price of natural gas continuing to decline, Planergy would not be Alternative: able to continue operations (biogas treatment, utilizing the biogas generated at the City's anaerobic lagoon which treats wastes from Tyson) to provide biogas treatment for Tyson and pay the City the current $.50 per mmbtu. Page 146 of 149 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director April 12, 2017 Memo to mayor and city council RE: Contract amendment with Planergy Background: Planergy has since 2007 been providing biogas treatment utilizing the biogas generated at the city's anaerobic lagoon which treats wastes from Tyson since 2007. The current contract runs through 2021. The treated biogas is sold by Planergy to Tyson to be via a 1.4 mile biogas pipeline. For the past several years, the city has been receiving $.50 per mmbtu. With the price of natural gas continuing to decline, Planergy has advised the city that their contract with Tyson has resulted in a decline and that they would not be able to continue operations and pay the city the current $0.50 mmbtu. After numerous meetings and consideration of several options, it has been agreed upon to create a new financial arrangement for one year with the city receiving $.10 per mmbtu for the 1st 130,000 mmbtu and the price increasing to $0.20 for all gas produced after that. Discussion -Recommendation For the short term, it appears that this is going to be the best deal that the city can accept. We are in the process of sending information to another potential biogas user to have different arrangements made during this next year. Page 147 of 149 April 17, 2017 CITY OF WATERLOO, IOWA WASTE MANAGEMENT SERVICES DEPARTMENT 3505 Easton Ave. • Waterloo, IA 50702 • (319) 291-4553 Steve Hoambrecker, Director Mr. John Sprangers Planergy Waterloo, LLC 680 Commerce Dr., Suite 270 Woodbury, MN 55125 Re: City of Waterloo — Planergy Dear Mr. Sprangers: This letter confirms terms negotiated by Planergy and the City with respect to temporary reduction in pricing and related matters. During the limited period that the terms of this letter agreement are in effect, the terms stated in this letter will prevail over any contradictory terms in the Gas Rights Purchase and Operation Agreement between the parties, dated as of May 1, 2006 (referred to as the Contract). Subject to the foregoing, the parties have worked out the following terms: 1. Price reduction; Commencing with the April, 2017 invoice to be issued, the price of gas will be reduced from $0.50 per net MMBtu of methane to $0.10 per MMBtu of methane for volumes up to 130,000MMBTu and thereafter to $0.20 per MMBtu of methane produced by the lagoon for the period commencing April 1,2017 through March 31, 2018. 2. Contract Renegotiation. The parties acknowledge that this agreement is for the period April 1, 2017 thru March 31, 2018. The parties will promptly pursue, in good faith and with diligence, discussions for contract extensions beyond March, 2018. As stated in the Contract, the City makes no promises or guarantees as to the quality or quantity of gas that may be produced. 3. Confidentiality. Planergy has advised the City that financial and other information that Planergy provides must be maintained as confidential under applicable regulations and agreements that Planergy has with third parties. Planergy has indicated that it would not provide this information to the City unless it is held in confidence and not be made available for public examination or disclosure. Therefore, the City agrees to hold this information as confidential. If you concur with the above terms, please have this letter agreement executed in duplicate by a duly authorized representative of Planergy. On the City's side, this letter agreement must be approved by the City Council before it can be signed by the Mayor and made binding upon the City. We will attempt to secure this approval at the earliest possible date following Planergy's approval. The parties agree that counterpart signatures to this letter are acceptable, that copies will be treated as originals, and that all of such signatures taken together will constitute one and the same document. Thank you for your cooperation in addressing the issues between us. Very truly yours, Steven Hoambrecker Page 148 of 149 By their signatures below, the undersigned represent that they have been duly authorized to execute this letter agreement and that the foregoing terms are binding. Planergy Waterloo, LLC By: City of Waterloo, Iowa By: John Sprangers, President Quentin Hart, Mayor Page 149 of 149